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2022-05-31 10:00AM REGULAR MEETING
I FIL,F7b. 1411 MA . 21 p BRAZOS COUNTY B RYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON'MAY 31, 2022 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803,.T.HE PUBLIC MAY WATCH THE MEETING LIVE AT FACE BOOK.COWBRAZOS000NTYTX 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Cauley 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -18 3. Resolution 22-009 requesting. permission to host the 2024 North and East Texas County Judges and Commissioners Conference in Bryan/College Station if selected by the committee. 4. Resolution 22-010 in support of the Brazos Transit District as the'Designated Recipient' to the Governor's Office of the State of Texas. 5. Submission of required on-line letter to reallocate excessive funds from the Emergency Rental Assistance Program. 6. Request from Sheriff's Office for a Payment Authorization to Dentrust Dental in the amount of $2,321.20 for inmate dental work done in August of 2021. An invoice was not received in 2021 but was recently received in May of 2022. 7. Approval of Amendment #1 to Contract #22-120 Monitoring of Security Systems to correct name from Elections to County Clerk Storage and to add additional monitoring at the County Clerk Storage Building for the District Attorneys evidence room. 8. Approval of Order exempting Contract #22-135 with equivant from competitive bidding, pursuant to LGC 262.024 (a)(7). Vol. ...3u 0 pg. l lack f 9. 'Approval of Contract #22-141 Residential Placement for Juvenile with Cameron County Juvenile Justice Department. 10. Approval of CI P 22-619 for Foundation Repairs in the Expo South Arena with Aggieland Select Construction, LLC. 11. Approval of Contract #CI P 22-646 for Student Clinical Experience at Brazos County Juvenile Detention Center with Texas Tech University. .12. Acceptance of a Special Warranty Deed for 0.199 acre of land from Steven and Sharon Pittman to be used for improvements to Stousland Road. Site is located in Precinct 1. 13. Consider and take action on the Wellborn Special Utility District utility permit to construct .a road bore for a 1 1/2" water line crossing under N. Dowling Road 1,536 feet southwest of Woodlands Drive. Site is located in Precinct 1. 14. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 1 /2" water line crossing under Old Reliance Road 360 feet northeast of Reliance Church Road. Site is located in Precinct 2. 15. Tax Refund Applications for the following: Overpayments • a. Frederick Robinson - $299.49 • b. Frederick Robinson - $52.12 • c. John Ross Kavanaugh - $60.00 16. Budget Amendments. • Budget Amendments FY 21 /22 33.1-33.1 17. Personnel Change of Status. • a. Personnel Action Forms • b. Employment & Separations 18. Payment of Claims. 19. Acknowledgement of FY 2021-2022 Budget to Actuals by Funds as of May 25, 2022. 20. Acknowledgement of monthly reports submitted in May 2022. 21. Juvenile Director's report on detention population. 22. Sheriff's report on inmate population. 23. Announcement of interest items and possible future agenda topics. 24. Call for Citizen input and/or concerns 25. Adjourn. Vol. P(7 Pg. ��-P 1 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, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COWBRAZOSCOUNTYTX 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. �uo pg. l��_ MINUTES MAY 31, 2022 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, May 31, 2022 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Russ Ford, Commissioner of Precinct 2, Absent; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Cauley 2. Call for Citizen input and/or concerns Fred Brown addressed the Court regarding concerns over property values. Mr. Brown stated that with inflation and increased gas prices, he would like to see all properties in the County taxed at 3.5% as allowed by Senate Bill 20. Ann Boney expressed concerns over the closure of the Galilee Baptist Church polling location for the May 24, 2022 primary runoff election. Ms. Boney stated that in closing that location, the Commissioners Court did not do its due diligence in making sure all voters had an easily accessible polling site. Wanda Watson echoed Ann Boney's comments regarding Galilee Baptist Church being Vol. %C) pg. t (03 closed for voting in the primary runoff election. Ms. Watson asked that the Court make sure polling sites are easily accessible. Consider and take action on agenda items: 3 -18 3. Resolution 22-009 requesting permission to host the 2024 North and East Texas County Judges and Commissioners Conference in Bryan/College Station if selected by the committee. A copy of the Resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 4. Resolution 22-010 in support of the Brazos Transit District as the 'Designated Recipient' to the Governor's Office of the State of Texas. Judge Peters read aloud Resolution 22-010 and presented a signed copy to Wendy Weedon from Brazos Transit District. Ms. Weedon thanked the Commissioners Court for the Resolution and its support. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 5. Submission of required on-line letter to reallocate excessive funds from the Emergency Rental Assistance Program. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 6. Request from Sheriff's Office for a Payment Authorization to Dentrust Dental in the amount of $2,321.20 for inmate dental work done in August of 2021. An invoice was not received in 2021 but was recently received in May of 2022. Commissioner Aldrich questioned why it took nine months to receive an invoice. Chief Deputy Kevin Stuart did not know the specifics but advised that occasionally there is confusion on these payments. Motion: Approve, Moved by Commissioner Irma,Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 7. Approval of Amendment #1 to Contract #22-120 Monitoring of Security Systems to correct name from Elections to County Clerk Storage and to add additional monitoring at the County Clerk Storage Building for the DistrictAttorney's evidence room. A copy of the amended contract with Matrix Technologies is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. FV01. O Pg. 8. Approval of Order exempting Contract #22-135 with equivant from competitive bidding, pursuant to LGC 262.024 (a)(7). A copy of the Order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 9. Approval of Contract #22-141 Residential Placement for Juvenile with Cameron County Juvenile Justice Department. . A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 10. Approval of Cl P 22-619 for Foundation Repairs in the Expo South Arena with Aggieland Select Construction, LLC. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 11. Approval of Contract#CIP 22-646 for Student Clinical Experience at Brazos County Juvenile Detention Center with Texas Tech University. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 12. Acceptance of a Special Warranty Deed for 0.199 acre of land from Steven and Sharon Pittman to be used for improvements to Stousland Road. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Bevy, Cauley, Peters. Absent: Ford. 13. Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 1 1/2" water line crossing under N. Dowling Road 1,536 feet southwest of Woodlands Drive. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 14. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 1/2" water line crossing under Old Reliance Road 360 feet Vol. aQ O pg. l IOGj northeast of Reliance Church Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 15. Tax Refund Applications for the following: Overpayments a. Frederick Robinson - $299.49 b. Frederick Robinson - $52.12 c. John Ross Kavanaugh - $60.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 16. Budget Amendments. • Budget Amendments FY 21 /22 33.1-33.1 33.1 Reallocate funds for Elections Administration. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 17. Personnel Change of Status. • a. Personnel Action Forms • b. Employment & Separations A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. 18. Payment of Claims. Claims 8115324-8115449 9004940-9004991 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Ford. Vol. 3,0_0 pg.l('(-0 19. Acknowledgement of FY 2021-2022 Budget to Actuals by Funds as of May 25, 2022. The Court acknowledged receipt of the 2021-2022 Budget to Actuals by Fund as of May 25, 2022. 20. Acknowledgement of monthly reports submitted in May 2022. The Court acknowledged receipt of the Extension Service reports submitted in May 2022 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk Constable Precinct 2 Veterans Services 21. Juvenile Director's report on detention population. Juvenile Director Linda Ricketson reported there are 38 juveniles in the detention center, 30 are male and 8 are female, and 30 have electronic monitors. There are 8 youth in isolation as per medical protocol for new intakes. 22. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 598 inmates in jail, 502 inmates are male and 96 are female, 65 have electronic monitors and 14 are pending for processing. 23. Announcement of interest items and possible future agenda topics. There were no announcements. 24. Call for Citizen input and/or concerns Commissioner Cauley advised that she wants to look into the issues reported about the Galilee Baptist Church polling location closure during the primary runoff election on May 24, 2022. Commissioner Berry agreed and suggested that there be a workshop session to address the concerns. 25. Adjourn. Vol. - &CO pg. The foregoing minutes of the Commissioners Court Meeting held May 31, 2022 have been examined and are approved in open Court this 7th day of June 2022, in Bryan, Brazos County, Texas. 0 wz�' Duane Peters Steve Aldrich County Judge Russ Ford Commissioner, Precinct 2 Irma:Cauley Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 von. —3c.o0 Pg.—L(,6—_ Pg l of 3 BRAZOS COUNTY COMMISSIONER'S COURT ,31 DAY OF MN 9 20 vo-,00 �dFPM, uwRe Lt a� Name (PLEASE PRINT) 1118 1j [i Organization (PLEASE PRINT) �e I V . c 5 p R RA-2415 CUAV--�y 24T ,-,-7 1 � $TQ Co �ud�✓ Vol. pg.Aug.--- Pg �- of BR.AZOS COUNTY COMMISSIONER'S COURT 3L±—__ DAY OF 1 . /0-'00 p A�W"�c A9 Name (PLEASE PRINT) u a Ih�le McClev,QQcAn --r �N Ito. Dm 4. N)AAd (a V\ PtC4 f� 1)4muj ±� y �s — � N A/Sb a cfN Organization (PLEASE PRINT) V he Ecv I 1 F-ari6 _ IMZ-01 I V- nS i Ili t - Rb "N to cOV114 I 9c P/,/( Pg-3of-3 BRAZOS COUNTY COMMISSIONER'S COURT 9/ DAY OF yfiac4 i0,0,D Name (PLEASE PRINT) -�u, ke ct 'WrTA- "Mm"J., Organization (PLEASE PRINT) A L `�` BRAZOS COUNTY BRYAN, TEXAS WHEREAS, Bryan/College Station has a diverse population of more than 230,000, all of whom would be thrilled to welcome the 2024 North and East Texas County Judges and Commissioners Conference and its attendees to share in our numerous attractions. With a nationally famous university, presidential library and vibrant economy, Bryan/College Station is a wonderful place to live and visit! Our convenient location is in the center of the geographic triangle formed by Houston, Dallas/Fort Worth, and Austin/San Antonio, and provides numerous attractions to visitors. WHEREAS, we are home to Texas A&M University, which is one of the largest universities in the country, and home to the "Fighting Texas Aggies. " Founded in 1876 as Texas' first public institution of higher learning, this land, sea and space grant institution includes an enrollment of more than 70,000 students studying for degrees in 17 academic colleges. In addition to nationally recognized degree programs, Texas A&M boasts a proud and decorated athletic history, which can be experienced at the Texas A&M Sports Museum. WHEREAS, our community also serves as the gateway to the George Bush Presidential Library and Museum, which houses the archives, and chronicles the life, of our nation's 415' President. The museum exhibits reveal the unique influences and challenges that shaped George H.W. Bush's life and presidency, including his time in the U.S. Navy during WWII as a pilot, as captain of the Yale University Baseball Team, and through his storied political career. WHEREAS, a short drive away from College Station is downtown Bryan, which was designated as a Texas Main Street City in 1992. This thriving cultural district is a mix of businesses, locally owned shops, restaurants, and museums, as well as serving as a gathering spot for the community every first Friday of the month. WHEREAS, Bryan is home to Messina Hof Winery & Resort, which is one of the first and most -awarded wineries in Texas and continues to lead the charge in crafting quality wine from Texas vines. The beautiful grounds are open to tours, and visitors are encouraged to sample the 24 varietal wines at their state-of-the-art facility. WHEREAS, our mix of cultuies means that we have a great variety of authentic food from around the world, and nightlife with music that spans all genres. One of only three African American museums in the state of Texas is in Bryan, and educational opportunities abound at the Brazos Valley Museum of Natural History, the Children's Museum of the Brazos Valley, and Museum of the American GI. WHEREAS, the variety of attractions, quality hotels, restaurants and entertainment venues make Bryan/College Station a premier destination for visitors. In addition to all that the community can offer, more than 80 percent of Texas' population can drive to Bryan/College Station in less than three hours, making it accessible for all attendees. Our hope is that you will select our destination to experience all that we, and our surrounding communities, can provide for your conference and its attendees. NOW BE IT RESOLVED, that the Brazos County Commissioners Court would like to request that you select Bryan/College Station as host for the 2024 North an xas County Judges and Commissioners Conference. RESOLVED this f s Tday of ay 202 �L � �j� uane Peters, County Judge Steve Aldrich, Pct. 1 County Commissioner Nancy Berry, Pct. 3 County Commissioner &yn7k Russ Ford, Pct. 2 County Commissioner Irma Ca ley, c County missioner Vol. p(D— fig. BRAZOS COUNTY BRYAN, TEXAS RESOLUTION WHEREAS, Brazos Transit District (BTD) is a rural and urban transit district created pursuant to the provisions of Chapter 458 of the Texas Transportation Code; WHEREAS, BTD has the legal, technical, and financial capacity to provide federal and state supported public transit services in accordance with federal and state law, and the management capability to continue to provide public transit services within Brazos County; WHEREAS, BTD has been the principal public transit provider for the cities of Bryan and College Station, Brazos County, and twenty-one (21) other counties within the State of Texas since 1974; WHEREAS, BTD has over $50 million of transit vehicles and maintenance facilities which support its transit service in Bryan -College Station; WHEREAS, BTD has been the sole Direct Recipient of federal and state funding which supports public transit services within Brazos County since 1988; WHEREAS, the results of the 2020 United States Census will redesignate the Bryan -College Station area from small urban to large urban status with a population which exceeds 200,000; WHEREAS, this change in status requires the identification of a Designated Recipient to receive and utilize Federal Transit Administration (FTA) funds for public transportation projects within the urbanized area; and WHEREAS, BTD, as the principal transit provider and existing Direct Recipient in the Bryan -College Station urbanized area, is the only entity with the legal, technical, and financial capacity to become the Designated Recipient for Federal Transit Administration (FTA) formula funding for the Bryan -College Station Large Urbanized Area. WHEREAS, BTD should be named the "Designated Recipient" for FTA formula funding for the Bryan -College Station Large Urbanized Area. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS supports BTD as the Designated Recipient to the Governor's Office of the State of Texas. 2 j� RESOLVED ON THIS J `DAY OF 2022. A Duane Peters, County Judge Ste�drich, Pct. 1 County Commissioner Nancy Berry, Pct. 3 County Commissioner ATTEST: Karen cQueen, County Clerk Russ For 2 ty C missione Irma Cauley, Pct. 4 County r issioner Z-ao J�P � Pg.-15 Item Coversheet Page 1 of 1 DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name No A.nac hments Avalatre BRAZOS COUNTY BRYAN,TEXAS NUMBER: 5/31/2022 R Submission of required on-line letter to reallocate excessive funds from the Emergency Rental Assistance Program. Commissioners Court 05/26/2022 False False $0.00 Description Tvpe IRO _I.3t/aa Duane Peters Date County Judge Vole - G 1111 Item Coversheet Page 1 of 1 DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: BRAZOS COUNTY BRYAN,TEXAS NUMBER: 5/31 /2022 4 ra Request from Sheriffs Office for a Payment Authorization to Dentrust Dental in the amount of $2,321.20 for inmate dental work done in August of 2021. An invoice was not received in 2021 but was recently received in May of 2022. Commissioners Court 05126/2022 False False $0.00 ATTACHMENTS: File Name Description Dentrust Inv# BZTX017476 Auo. 2021.odf Invoice for Dentrust Dental TVpe Backup Material APPR Duane Peters Date County Judge Vol. 3�0 Pg.M 1,44--.//t,.., —-----A., ,..,.„i.,,.e.,a,,,,.ol�in,,,.e«Ql,m+ .,,«..7T+e...TT1--7C�77 D.n,roo+:..,.rr� ci21 i�n�� Pn rust;Dbntal q609 East' n P'oocf Invoice No: Bz.Txol7'4,76. PjipqrsvRe, P. A, 18947 1� �.,26?427r 010 Fax.--(267)1927-5007 August 18, 2621 To: B OS COI JNTY JAIL Contact: IAURA COOK �700 H. 21 Wtst, Phone": 9793614997 ORY) N. 7X 803, Fax: 970614999 Summary bfSe!vicpj BRAZOS- COUNTY JAIL IN CE PERIOD: .81112021 TO 813112021 R=dahl-I 2114, PROBLEM F'PbUSED $560.00 102201 _41—ST L. ICAL.,�FILM_ 102301, PERIAPICAGA, MOMALFILM 13 I. , EXTRACTION,. RUPTEDTOOTH OR EXPOSED RO- —7— .$15.00 $535.00 7210 SURGICAL E)�fr I CTION 3 $285.00 7260 ' REMOVAL OF RFS10UAL ROOT TIP 3 $279.0 . 0 7320 'W[T+IOUT EXTRACTIONS X002 POST OPR ENAL $0.00 X004 REFUSAL —EXP9ENSE -w.00 X010 TRAVEL 1 $55.00 RECEIVED By C. Bbone at 10:18 -am, May 1.1, 2022 Serdpes Sub -Total: $2.165.00 Adjustmenfs:PPE x 10 $156-26 TOTAL DUE:' $2.321.20 Pagel of I VO I p : 9 AMENDMENT #1-- MONITORING OF SECUIRTY SYSTEMS THIS AMENDMENT TO 22-120 Monitoring of Security Systems for Brazos County ("Amendment") is entered into and effective this 17th day of May, 2022 ("Effective Date") through March 23, 2023 ("Expiration Date") by and between Brazos County ("Customer"), and Matrix Technologies ("Provider") each ofwhieh may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract # 22-120 ("Agreement") for purposes of Matrix Technologies to provide of the service for Monitoring of Security Systems for Brazos County; and WHEREAS, the Parties desire to change the name from Elections on the contract to County Clerk Storage, on original contract # 22-120. WHEREAS, the Parties desire to add additional monitoring to the County Clerk Storage, for the District Attorney's Evidence Room (Account # 76005965), for the price of $20 plus $10 Cellular per month to original contract# 22-120. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged; the Parties hereto agree to amend the Agreement as follows: 1. Changing the name from Elections on the contract to County Clerk Storage. 2. Adding additional monitoring to the County Clerk Storage, for the District Attorney's evidence room for a total price of $30 per month. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. B OS UN Siure tn UkPV NE7 Nan1;01�� Title Date Matrix Technologies Si natu Nan: Title � 12. 1 70 Z,-2— Date VOL "l)(10 fig. ��..----- _l ALARM MONITORING AND SERVICES AGREEMENT Date of: March 1, 2022 Subscriber: BRAZOS COUNTY 200 S. Texas Ave Telephone: 979.361.4285 PREMISES INCLUDED: Customer No: Multiple Locations City: Bryan Fax: 979.446.9242 TX: 77803 E-Mail: Elections Administrator 302 East 24th Street, Bryan Tx 77803 Account #76005807 Information Technologies 205 East 27th Street, Bryan Tx 77803 Account #76005656 Tax Office 4161 County Park Court, Bryan Tx 77802 Account #76006766 Boonville Loa Cabin 2421 Boonville Rd. Bryan Tx 77802 Account #76005887 'Brazos County Arena Hall 2906 Tabor Rd. Bryan Tx 77803 Account #76005920 1. DESCRIPTION OF SERVICE PROVIDED: Matrix Technologies ("Company") agrees to provide and ("Subscriber") BRAZOS COUNTY agrees to purchase monitoring service(s) as hereinafter set forth, for the system(s) owned by Subscriber and Installed at the Premises described herein: A. MONITORING SERVICE: X_, Central Station Facility Other Monitoring Police/Fire B. TYPE OF COMMUNICATION: Digital NFPA Cellular _X C. TYPE OF SYSTEM: [_X Burglar Alarm] [____.Hold Up Alarm] I Fire Alarm] Other 2. PAYMENT AND TERMS OF AGREEMENT Transmitter / Base Installation A) Subscriber agrees to pay Company: 1) Connection to facility via Cellular providing Monitoring Service payable upon completion of Installation $ 2) Monthly Alarm Monitoring Service charge payable quarterly in advance upon completion of Installation $125.00 3) Monthly Cellular Monitoring Service & Remote charge payable quarterly in advance for Signal Routing Fee $ 30.00 B) Subscriber agrees to pay Company or others: Taxes, fees or charges including sales/use tax, personal property tax and false alarm assessments imposed by any governmental authority and all telephone company charges relating to the service provided. C) Term: 1) This agreement shall begin on the date of completion of installation, or renewal, and shall continue for a period of one year. 2) •_Subscriber mt n usotify Company with a 30 DAY 1MRVITT'E'N NOTICE.OF,TERMINA�TION and receive_;a_CONFSRMA.TIOfOF TERMINATION from Company.._ NO,_VERBAL TERMINATIONS; will tie accepted: 3. COMPANY'S LIABILITY / DISCLAIMER OF WARRANTIES: COMPANY DOES NOT REPRESENT OR WARRANT: THAT THE ALARM SYSTEM MAY NOT BE COMPROMISED OR CIRCUMVENTED: OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY, HOLD-UP, FIRE OR OTHERWISE: OR THAT THE SYSTEM WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT IS INSTALLED OR INTENDED. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT COMPANY HAS MADE NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER poi. Pg.1�18__._ WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITIONS OF THE EQUIPMENT, ITS MERCHANTABILITIY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE: NOR HAS SUBCRIBER RELIED ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED: SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES: THAT ANY AFFIRMATION OF FACT OF PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY, AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THIS AGREEMENT HEREOF. SUBSCRIBER FURTHER ACKNOWLEDGES AND AGREES: THAT COMPANY IS NOT AN INSURER THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES OR TO THE CONTENTS THEREOF; AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT, PARTICULARLY SECTIONS 20 AND 21 WHICH SET FORTH COMPANY S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. 4. INCREASE IN TAXES, UTILITY CHARGES OR MONTHLY SERVVCE: Subscriber acknowledges that all charges set forth herein are based upon existing federal, state and local taxes, fees and utility charges, including telephone company line charges, if any. Company shall have the right, at any time to increase the charges provided herein, to reflect any increases in existing, or any additional, taxes, fees or charges which hereafter may be imposed on Company by any utility or governmental agency relating to the services(s) provided under the terms of his Agreements, and Subscriber agrees to pay the same. Company shall have the right to increase the monthly.service charge provided above, upon written notice to Subscriber, at any time or times after the date service is operative under this Agreement. Subscriber agrees to notify Company of any objection to such increase in writing within 20 days after Subscriber's date of the notice of increase; failing which if shall be conclusively presumed that Subscriber has agreed to such Increase. In the event Subscriber objects to such Increase, Company may elect, at its option, to (1) continue this Agreement under the terms and conditions in effect immediately prior to such increase, without notice to Subscriber, or (2) terminate the Agreement upon 15 days advance written notice to Subscriber. 6. SUBSCRIBER'S DUTIES AS TO USE OF SYSTEM: Subscriber is aware that Matrix Technologies (Company) has no physical control of the electronic protective system(s) or their mode of transmission, and acknowledges that it is the Subscribers sole responsibility to verify proper operation of the system(s) by testing the complete system(s). The Subscriber shall carefully and properly test system daily Including but not limited to walk testing the system(s), if applicable, during the term of the Agreement in accordance with instructions. if any defect in operation of the system(s) is discovered, or in the event or a power failure or other interruption at the Premises, Subscriber shall notify Company immediately. When any device or protection is used, which is affected by turbulence or air, occupied airspace change, or other disturbing conditions, Subscriber shall turn off or remove all things, animate or inanimate, including but not limited to all forced air heaters, air conditioners, bells, animals, and any other sources of air turbulence or movement, which may interfere with the effectiveness of the system during periods while the alarm system is armed. Subscriber shall notify Company of any remodeling or other changes to the Premises that could affect the operation of the system. 6. AUTHORIZED PERSONNEL: Subscriber shall continuously fumish Company with an up-to-date written list of the names, addresses and phone numbers of all persons to be notified in the event of an alarm. 7. TITLE TO EQUIPMENT: Subscriber agrees that all Company -owned equipment installed to monitor or supervise the system(s) shall at all times remain the sole property of Company. Subscriber will not damage, encumber or dispose of said equipment or permit the equipment to be damaged, encumbered, taken from the Premises, tampered with or repaired by anyone but the authorized agents of Company. In the event of loss or damage to the equipment or any part thereof, whether during installation or thereafter, Subscriber agrees to pay Company the reasonable value thereof or the cost of the repairs, as determined by the Company. At the expiration of this Agreement, or in the event of any default in performance by Subscriber, Company is authorized to enter upon the Premises and remove Company -owned equipment. Removal of the equipment shall be without prejudice to the collection of any and all sums due under the Agreement or extension or renewals thereof. Subscriber shall in such event return said equipment to Company in good condition, reasonable wear and tear excepted. Subscriber agrees that the installation of the equipment does not constitute the equipment a fixture. 8. IF MONITORING SERVICE IS FURNISHED: a) MAINTENANCE OBLIGATIONS: Subscriber acknowledges that Company's maintenance obligation with respect to monitoring relates solely to the maintenance and operation of the signal receiving equipment, and any transmitting equipment owned by Company; and that Company is in no way obligated to maintain, repair, service, replace, operate or assure the operation of the property, system(s) or any devices) of the Subscriber, unless expressly provided as may be required under warranty as set forth in a separate agreement. b) COMPANY CENTRAL STATION/OTHER MONITORING FACILITIES: In the event Subscriber's alarm system transmits signals to Company's Central Station or Other Monitoring Facility, Company or its designee agrees to monitor such signals. c) POLICEIFIRE MUNICIPAL FACILITY: If the signals transmitted from the Premises will be monitored in police, fire, or municipal departments, Company or its designee, agrees to provide and maintain, or cause to be provided and maintained, a remote monitoring facility consisting of signal receiving equipment at the Facility hereinabove set forth. If, In the opinion of the Company or the Facility, use by the Subscriber adversely affects the use of the signal receiving equipment, this Agreement may be terminated thirty (30) days following written notice to Subscriber. 9. RECEIPT OF SIGNALS / RESPONSE TO ALARMS: a) CENTRAL STATION / OTHER MONITORING FACILITIES: Company or its designee, shall make reasonable effort to do the following: (1) Upon receipt of a burglar or hold-up alarm signal, transmit the alarm to the police department or the location designated by Subscriber and notify Subscriber, or their designated representative, by calling the telephone number supplied to Company in writing by Subscriber. (2) Upon receipt of a manual, automatic or smoke fire alarm, transmit the alarm to the fire department or the location designated by the Subscriber and notify Subscriber, or their designated representative, by calling the telephone number supplied to Company in writing by Subscriber. (3) Upon receipt of other types of alarms, transmit the alarm to the location(s) designated by the Subscriber. Vol. —.APQ_ b) POLICE / FIRE / MUNICIPAL AND OTHER MONITORING FACILITIES. Subscriber acknowledges that if the signals transmitted from the Premises will be monitored in police, fire or municipal departments, or other monitoring facilities that personnel in such facilities are not the agents of Company, nor does Company assume any responsibility for the manner in which such signals are monitored, or the response, to such signals. c) TELEPHONE LINES: Subscriber acknowledges that signals are to be transmitted over telephone company signal channels or lines which are wholly beyond the control and jurisdiction of Company, and are maintained and serviced by the applicable telephone company or utility. Company shall make reasonable effort to coordinate the restoration of any interrupted signal transmission, signal channels or lines when notified of such a condition or other outage by Subscriber, or other monitoring facility. d) FALSE ALARMS: In the event an excessive number of false alarms are caused by Subscriber's carelessness, misuse, malicious action, abuse, or accidental use of the system, such events shall be a material breach of contract on the part of Subscriber and Company may at its option, in addition to ail other legal remedies set forth below, be executed from further performance upon ten (10) days written notice to Subscriber. Company's excuse from performance shall not affect its right to recover damages from Subscriber. In the event a fine, penalty or fee is assessed against Company by any governmental or municipal agency as a result of any alarm originating from Premises, Subscriber shall forthwith reimburse Company for same. If Company dispatches an agent to respond to an alarm originating from Premises, where Subscriber intentionally, accidently or negligently has activated the alarm signal, and no alarm condition exists, or if Company makes any maintenance call caused by the inadvertence or negligence of Subscriber, Subscriber shall pay to Company the charge for a service call at existing rates. Subscriber represents they fully understand that the equipment, because of Its sensitivity and nature, is subject to the influence of occurrences or events which are not within the control of Company and which may cause the alarm to activate erroneously. Any or all alarms shall not excuse any of the obligations of Subscriber as set forth in this Agreement. 10. VOICE OVER IP SERVICE (VoiP): Subscriber acknowledges that if Company utilizes a digital communicator for the purposes of sending alarm signals from Subscriber's premises to Company's' Central Station or other Monitoring Facility, that the signals from Subscriber's alarm system are sent over Subscriber's regular telephone lines, Voice over IP service, broadband Internet connection, LLR (long range radio), GSM cellular phone network, or other transmission mediums provided by others to Company's Central Monitoring Station, and in the event that the service Subscriber has elected to use for the purpose of transmitting alarm signals Is out of order, disconnected, placed on vacation or otherwise interrupted, signals from Subscribers alarm system will not be received in Company's Central Monitoring Station during any such interruption and the interruption will not be known to Company. Subscriber further acknowledges and agrees that signals that are transmitted over these services are wholly beyond the control and jurisdiction of Matrix Technologies and are maintained and serviced by the applicable service provider. 11. PHONE LINE INTERFEARANCE: Subscriber is aware that if the system uses Subscriber's POTS or VolP phone lines to transmit signals to a Central Monitoring Station by dialing over said phone line. Blocking, Restricting, Suspension, Disconnection or Interference, degradation of quality, loss of bandwidth, or any routing services may cause loss of signaling ability without notice to the Central Monitoring Station. Therefore, it is strongly recommended that thb Subscriber use an I.P., GSM or Cellular transmitter at an additional fee. 12. SIGNAL ROUTING: If Subscriber uses any phone line transmission method, Subscriber acknowledges that their alarm system will be connected to a single POTS line service. If phone line is not a POTS line, then it must be of a high quality VolP, Cable or Digital service. If VoIP services are not used, alternative signal routing Is available from Company for an additional fee. Subscriber herein acknowledges that depending on their choice of signal routing, they will provide back-up power for all supporting equipment, including any routers , phone equipment, internet transmitters or cell transmitters to ensure temporary operation through any short term power failure. 13. EQUIPMENT: Subscriber understands that Matrix Technologies agrees to monitor a security / fire system owned by Subscriber and not installed by or designed by Matrix Technologies. Matrix Technologies makes no representation as to suitability or condition of Subscriber's system. Matrix Technologies assumes no responsibility whatsoever for the maintenance, operation or non -operation, actuation or non -actuation, of your existing equipment. Matrix Technologies reserves the right to terminate service under this Agreement In the event your existing equipment is not in good operating condition and Matrix Technologies will not be liable for any damages or penalties as a result of termination under those circumstances. 14. IF TIME AND MATERIAL SERVICE IS FURNISHED: Upon request, repairs, inspections and test shall be made at Subscriber's expense at Company's then prevailing rates. Labor charges shall be for a'minimum of one hour for each visit to the premises. 15. PERMITS / LICENSE: Subscriber shall secure at his own cost and expenses whatever permission, permits or licenses that may be necessary from local authorities for installation, monitoring and/or maintenance of his alarm system. 16. INTERRUPTION OF SERVICE: RIGHT TO TERMINATE: Company assumes no liability for Interruption of monitoring service due to strikes, riots, floods, storms, lightning, earthquakes, fire, power failures, insurrection, interruption or unavailability of telephone service, acts of God, or for any other cause beyond the control of Company and will not be required to supply monitoring service to Subscriber while such interruption of service may continue. Replacement of the system necessitated by such event will be at Subscriber's expense. This Agreement may be terminated upon written notice to Subscriber at the option of Company, if the Premises or equipment of the Company Central Station, other monitoring facility, Police, Fire or Municipal Facility, or Subscriber are destroyed by fire, lightning or other catastrophe, or so substantially damaged that it is impractical to continue service, or In the event Company or the Monitoring facility is unable to render service as a result of any action by any governmental authority. Upon such termination, an equitable refund of the service charge paid, but not yet earned, shall be made. -3.00 pg. 17. ASSIGNEESISUBCONTRACTORS OF COMPANY: Company shall have the right to assign this Agreement to any other person, firm or corporation without -notice to Subscriber and shall have the further right to subcontract any installation, monitoring, maintenance or other services which it may perform. This Agreement is not assignable by Subscriber except upon the prior written consent of Company. Subscriber acknowledges that this Agreement, and particularly those paragraphs relating to Company's maximum liability, liquidated damages, and third party indemnification, insure to the benefit of and are applicable to any assignees, 'subcontractors of Company, and / or the Monitoring Facility, and that they bind Subscriber with respect to said assignees, subcontractors and for the Monitoring Facility, if any, with the same•forces and effect as they bind Subscriber to Company. 18. DEFAULT BY SUBSCRIBER: a) The happening of anyone or more of the following shall be Events of Default under this Agreement: 1) Failure, by Subscriber, to pay any amount or charge, with 10 days after the same is due and payable,, 2) Failure by Subscriber to observe, keep or -perform any agreement required by it herein; 3) Loss, theft or disappearance from the Premises, substantial damage to or destruction of, the system; 4) Action by any governmental authority directed at Subscriber or the Premises rendering it impossible or impractical for the Company to perform this Agreement; 5) Abuse to the Alarm System; 6) Dissolution, termination of existence, discontinuance of business, insolvency or business failure of Subscriber, or 7) Initiation of, or formal threat to initiate, any bankruptcy, reorganization, assignment for the benefit of creditors, or.like proceeding, by or against Subscriber. b) Upon the occurrence of an Event of Default, then at any time thereafter (unless the Company specially waives its right under this paragraph b), the Company may pursue one or more of the following remedies: 1) By written notice to Subscriber declares all unpaid amounts and charges due, and to become due under this Agreement to be immediately due and payable, provided that all past due amounts and charges shall bear interest at the rate of 1 '/z% per month (18% per year) from the first occurring Event of Default; 2) receive immediate possession of the Company owned portion of the system, and for such purpose enter the Premises and remove the said portion of system(s), subscriber hereby waiving any further rights to the system or any claims for, or resulting from , said repossession, including any claim for restoration of the Premises to former condition; 3) demand that Subscriber return the system of any part thereof, at Subscnbees expense, to the Company's premises; 4) proceed at law or at equity to enforce performance by Subscriber of the provisions of the Agreement, or to recover damages for the breach of this Agreement; and 5) discontinue monitoring and / or maintenance of the alarm system, and terminate this Agreement by written notice to Subscriber. c) In addition to any damages which the Company could claim as part of the remedies listed in paragraph b) above, the Company shall be entitled to recover immediately, from the after the occurrence of an Event of Default, as liquidated damages and not as a penalty, a sum equal to the sum of the following: 1) All the amounts and charges which are due and payable after the occurrence of the Event of Default and before the effective date of any termination of the Agreement; 2) The lost profit to the Company which it anticipated earning under this Agreement from the time of the Event of Default to the end ofthe term; 3) Any other costs the Company is required to bear in respect of the installation and / or service provided under this Agreement, irrespective of the referred for collection, reasonable costs of removal of the alarm system, and other reasonable costs, paid or incurred by the Company in enforcing or attempting to enforce the terms and provisions of this Agreement. d) The above remedies are cumulative and availment of one does not preclude availment of another. 19. DELINQUENCY; RECONNECT CHARGES: In the event any payment due hereunder is more than ten (10) days delinquent, Company may impose and collect a delinquency charge of one and a half percent (1-1/2%) per month (18% per annum) of the amount of the delinquency, or the maximum rate permitted bylaw. if the monitoring service is deactivated because of Subscriber's past due balance and if Subscriber desires to have the service reactivated, Subscriber agrees to pay in advance to Company its prevailing reactivation charge. 20. COMPANY NOT INSURER; LIQUIDATED DAMAGES; ASSUMPTION OF LIMITED LIABILITY: SUBSCRIBER AGREES: THAT COMPANY IS NOT AN INSURER; THAT INSURANCE, IF ANY, SHALL BE OBTAINED BY SUBSCRIBER THAT THE PAYMENTS PROVIDED FOR HEREIN ARE BASED SOLELY ON -THE VALUE OF THE SERVICE AS SET FORTH HEREIN AND ARE UNRELATED TO THE VALUE OF THE SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS LOCATED ON SUBSCRIBER'S PREMISES; THAT COMPANY MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERHCANTABILITY OR FITNESS THAT THE SERVICE SUPPLIED WILL AVERT OR PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH THE SERVICE IS DESIGNED TO DETECT OR AVERT. SUBSCRIBER ACKNOWLEDGES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES, IF ANY, WHICH MAY PROXIMATELY RESULT FROM A FAILURE TO PERFORM ANY OF THE OBLIGATIONS HEREIN, INCLUDING, BUT NOT LIMITED TO, INSTALLATION, MAINTENANCE OR MONITORING SERVICE OR THE FAILURE OF THE SYSTEM TO PROPERLY OPERATE WITH RESULTING LOSS TO SUBSCRIBER BECAUSE OF, AMONG OTHER THINGS: (A) THE UNCERTAIN AMOUNT OR VALUE OF SUBSCRIBER'S PROPERTY OR THE PROPERTY OF OTHERS KEPT ON THE PREMISES WHICH MAY BE LOST, STOLEN, DESTROYED, DAMAMGED OR OTHERWISE AFFECTED BY OCCURRENCES WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT; (B) THE UNCERTAINTY OF THE RESPONSE TIME OF ANY POLICE OR FIRE DEPARTMENT, SHOULD THE POLICE OR FIRE DEPARTMENT BE DISPATCHED AS A RESULT OF A SIGNAL BEING RECEIVED OR AN AUDIBLE DEVICE BOUNDING; (C) THE INABILITY TO ASCERTAIN WHAT PORTION, iF ANY, OF ANY LOSS WOULD BE PROXIMATELY CAUSED BY COMPANY'S FAILURE TO PERFORM OR BY ITS EQUIPMENT TO OPERATE; (D) THE NATURE OF THE SERVICE TO BE PERFORMED BY COMPANY. (E) SUBSCRIBER FURTHER AGREES THAT IF COMPANY SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE TO A FAILURE OF THE INSTALLATION, MAINTENANCE, OR MONITORING SERVICE, OR EQUIPMENT IN ANY RESPECT WHATSOEVER, COMPANY'S LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO TEN PERCENT OF THE SERVICE CHARGES OR ONE THOUSAND (1,000) DOLLARS, WHICHEVER IS LESS, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND THIS LIABILTY SHALL BE EXCLUSIVE: AND THAT THE PROVISIONS OF THIS SECTION SHALL APPLY IF LOSS OR DAMAGE, IRRESPECTIVE OF CAUASE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSONS OR PROPERTY FROM PERFORMANCE OR NOW PERFORMANCE OF THE OBLIGATIONS IMPOSED BY THIS AGREEMENT OR FROM NEGLIGENCE, ACTIVE OR OTHERWISE, OF COMPANY, ITS AGENTS, SERVANTS, ASSIGNS OR EMPLOYEES. IF SUBSCRIBER WISHES COMPANY TO ASSUME A GREATER LIMITED LIABILITY IN LIEU OF THE AMOUNT AS HEREINABOVE SET FORTH, SUBSCRIBER MAY OBTAIN FROM COMPANY A GREATER LIMITATION OF LIBILITY BY PAYING AN ADDITIONAL CHARGE TO COMPANY. IF SUBSCRIBER ELECTS TO EXERCISE THIS OPTION, A RIDER SHALL BE ATTACHED TO THIS AGREEMENT SETTING FORTH THE TERMS, CONDITIONS AND AMOUNT OF THE LIABILITY AND THE ADDITIONAL CHARGE. 21. THIRD PARTY INDEMNIFICATION: a) In the event any person, not a party to this Agreement, shall make any claim or file any lawsuit against Company for any reason relating to Company's duties and obligations pursuant to this Agreement, including but not limited to the design, installation, maintenance, monitoring, operation; or non -operation of the alarm system(s), Subscriber agrees to Indemnify, defend and hold Company harmless from any and all claims and lawsuits; including the payment of all damages, expenses, costs, and attorney's fees, whether these claims be based upon active or passive negligence, or strict or product liability on the part of the Company, -its agents, servants or employees. b) This Agreement by Subscriber to indemnify Company against third party claims as hereinabove set forth shall not apply to losses, damages, expenses and liability resulting in injury or death to third persons or injury to property of third persons, which losses damages, expenses and liability occur while an employee of Company is on the Premises and which losses damages and liability are solely and directly caused by the acts of sole employee. 22. SUBSCRIBER PURCHASE ORDER: If there is any conflict between this Agreement and Subscriber's purchase order, or any other document, this Agreement will govem, whether such purchase order or other document is prior or subsequent to this Agreement. 23. ATTORNEY'S FEES: In the event the Company institutes legal proceedings to collect the cost of any charges as set forth herein, then and in such proceedings the unsuccessful party shall pay to the successful party reasonable attorney's fees. 24. INVALID PROVISIONS: In the event any of the terms or provisions of this Agreement shall be declared to be invalid or Inoperative, all the remaining terms and provisions shall remain In full force and effect. 26. VENDOR COMPLIANCE PROGRAMS / ENROLLMENT FEES / ADDITIONAL COVERAGE If Subscriber wishes Company to participate in a Vendor Screening, Certificate of Insurance Tracking and Management program as part of your management policies, Subscriber will be liable for all non-refundable enrollment fees associated with the program. If additional insurance coverage is required due to your policies, subscriber may obtain from Company a greater limitation of liability by paying an additional charge to Company. If subscriber elects to exercise this option, a rider shall be attached to this Agreement and the Certificate Insurance shall reflect additional coverage required setting forth the terms, conditions and amount of the limited liability. Enrollment fees and or additional Insurance coverage's will be billed to Subscriber per occurrence. 26. ENTIRE INTEGRATED AGREEMENT; MODIFICATION; ALTERATIONS; WAIVER: This Agreement contains the entire Agreement of the parties who shall not be bound by any prior representations, promise, condition, inducements or warranties, express or implied, not Included herein. Any modification or amendment of the Agreement must be in writing, executed by both parties. 27. BINDING EFFECT: This Agreement is binding on Subscriber and his legal representatives, and any person who purchases or leases the Premises and does not permit the Company to repossess any of subscriber owned equipment located on the Premises. The Agreement and its benefits may not be assigned by Subscriber without the prior written consent of the Company. 28. SIGNATURES: THIS AGREEMENT SHALL NOT BE BINDING UPON THE COMPANY UNLESS APPROVED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY. IN THE EVENT SUCH APPROVAL IS NOT OBTAINED, THE SOLE LIABILITY OF COMPANY SHALL BE TO REFUND TO SUBSCRIBER ANY AMOUNT THAT HAS BEEN PAID TO COMPANY BY SUBSCRIBER UPON SIGNING THIS AGGREEMENT. By Matrix Technologies: J60,11 a oe'l S'lyy Date March 1. 2022 Authorized Representative of Company a. Date/C;� Sales Representative: Larry Aquero Vol. -3,0 0_ ��. l 89- EMERGENCY NOTFICATION LIST Customer Name: Brazos County Address: 200 S. Texas Ave. City: Bryan TX Account # Telephone: (979)361-4285 Fax: (979)361-4293 CONTACT NAME: Kaitlyn Battles Billing Address: PO Box 914 City: Bryan State: TX Zip Code: 77808 E-Mail: kbattles@brazoscountytx.gov Zip:77808 PERSONNEL AUTHORIZED TO BE NOTIFIED ON ALL ALARMS Name: Ernest Stuffs Telephone: (979 676-2711 Name: Telephone: Name: Telephone: Name: Telephone: Name: Telephone: Name: Telephone: PASSWORD: ES1$02° -��-' Special Instructio . i 2 Signature Date: J o *Please ensure you notify Matrix Technologies with up -dates to this list: customer service@matrixsecure.net Enter your Account No. and Password Matrix Technologies PO 8ox 4184 Bryan Tx 77805 979.260.9614 ofc 979.401.0010 fax ORDER COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT FOR SOLE SOURCE MADE BY A COUNTY UNDER LOCAL GOVERNMENT CODE SECTION 262.024(A)(7)(A) The attached Agreement between Brazos County and equivant, for the provision of goods and services described in the attached Customer Agreement constitutes a contract. The Brazos County Commissioners Court finds that this is a contract for goods and services for which competition is precluded due to limited availability by a sole source and is made by a county under V.T.C.A. Section 381.004(a)(10) and is exempt from competitive bidding. This Order is made pursuant to V.T.C.A. Local Government Code §262.024(a)(7)(A) and is to be entered into the Commissioners Court minutes. APPROVED (DISAPPROVED () BY COMMIS ERS COURT ON V 1 ` A -I 31 1 ? 0 a a— (DATE) Duane Peters, County Judge Vol. Pg°�i� SOLE SOURCE I SINGLE SOURCE I NO SUBSTITUTE.jUSTIFICA;TION Complete this form and submit to Purchasing forSole Source purchases over $1000,00 9EgOISITION # I Mks} Equivant Classification Sy C-OST $ 78,631 i. Check the category most applicable to your requirement: QSole Source. (No other known source or the only source meeting specifications.) []Single Source. (Only the designated Supplier Is acceptable due to territories, others may exist) [:]Other. Please Explain il. Check the descrlption(s) most applicable to your requirement: Qltem has characteristics unique to a Single manufacturer essential to proposed use. Proprietary repairor replacement item. Designed into fabricated equipment [Required for test and evaluation, ❑Emergency acquisition as defined in LGC 262 Other. Ill. Defining Item ! Supplier uniqueness: A. What are the minimum use requirements (e g., operating specs; dtmenslans: tolerances accuracy; purity; rellablifty; useful life, eta)? 8. How are these requirements critical to your needs? Software will allow us to effectively classify and track classification data on our population C What other suppliers were considered and why were they rejected? (Brand names and suppliers should be spedBed) None D. Why is this make, model, service, or supplier the only one acceptable? This is the only software offering decision tree classification Prepared Approved By° Date: epame Perso n BY. Date: a tmentteadorEte edOMelan -� JApproved By: Date; — :]Denied By: -Date: -- Reason- E Q * Brazos County oGtTr of �4°�°y Purchasing Department 200 South Texas Ave., Ste. 352 Bryan, TX 77803 MEMORANDUM To: Commissioners Court From: Wm. Charles Wendt Date: April 11, 2022 Re: Sole Source Exemption- equivant Requested Action/ Recommendation: Approval of exemption from competitive bidding requirements, for services related to the purchase. nd implementation of classification software, pursuant to Section 262.024 (a)(7) of the Local Government Code. Background: Kevin Stuart, with the Brazos County Jail, has requested the approval of the contract with equivant and provided the attached memorandum including justification for this purchase. Based on the information included in this memo, equivant is the only provider of this software and therefore this purchase can only be obtained from one source. The approval of a sole source purchase meets the exemption requirements of Section 262.024 (a)(7) of the Local Government Code. This section provides for exemption based on purchasing items that can be obtained from only one source. The exemption complies with Local Government Code for sole source purchases. Section 262.024 (c) requires that if an item exempted under Subsection (a)(7) is purchased the commissioners court, after accepting a signed statement from the county official who ;makes purchases for the county as to the existence of only one source, must enter in its minutes a statement to that effect. This Memo complies with that requirement. Alt' . (%LLp Wm. Charles Wendt Purchasing Agent voi. �s2� Pq.�� � equivant Northpointe Inc. d/b/a equivant 1764 Forest Ridge Drive .Traverse City, Michigan 49686 888.221.4615 Brazos County Sheriff Office William C. Wendt 200 S. Texas Ave.. Ste. 352 Bryan, TX 77803 May 13, 2022 RE: Sole Source Dear Mr. Wendt, Per your request, Northpointe, Inc. is submitting the rationale for a sole source use of the COMPAS Classification software application, known as the Northpointe Suite, for the Brazos County Sheriffs Office. The Northpointe Suite, including the Risk and Need Assessments and the Decision Tree logic used for Jail Classification, was developed by Northpointe's technical and scientific Research division. The Northpointe Suite is proprietary and copyrighted by Northpointe, Inc. Northpointe, Inc. is the only i company authorized to provide the COMPAS Risk and Need Assessments and the Classification Decision Tree as part of a software application to criminal justice agencies. This includes all professional service delivery and ongoing Support & Maintenance of the product. Sincerely, i ; Greg Eash Chief Operating Officer i ! equivant Facilities `j IiVol.-- i ( t it CAMERON COUNTY JUVENILE JUSTICE DEPARTMENT .1 BRA20S COUNTY JUVENILE PROBATION DEPARTMENT 'FY 2022 -CONTRACT # JUV2622-*95 STATE QF TEXAS :COUNTY OKAMERON .LADIES -INSPIRED FOR EXCELLENCE RESIDENTIAL PROGRAM Residential Services This Agreementis-eniered is by'and between Brazos.Couirty Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Probation Department (collectively referred to -as "Juvenile Probation") and the Cameron County JuVenile-Justice Depariment/Ladles Inspired For Excellence Residential Program (collectively referred to as "Service Provider'), a -governmental -entity licensed -to -provide child care services:by the. Texas Juvenile - Justice Department (TJJD). The Ladies Inspired For:Excellence- Residential Program has been duly certified as being .suitable for the freatment'and :residentiaf care -:of children. ARTICLE I- .PURPOSE- 1.01' The pufpose of -this Residential. Services Agreement is :to provide the Brazos County Juvenile Probation Depaitment.with residential:care services for children alleged of adjudicated to have committed delinquent conduc( or conduct indicating a need.for supervision.- The placement facility to be -utilized is owned .and operated by Service Provider and is located at 2310 W. Highway 77, San Benito, Texas 78586. The: mailing -address .of ;the Service -Provider is P:O.. Box 1690, :San Benito Texas 78586. -ARTICLE II TERM :2:01 The term of this Agreement is for a period of five (6) monM, commencing April 25, 2022 and ending August 31, 2022. Such termination shall not affect or-diniinish.the placing County's responsibility for payment of any amounts due and owing at the time of the termination of the contract After receiptof Notice,of Termination, the placing County shall remove all children placed in the "facility on or before the termination date. 2.02 The terms of this Agreement shall be. extended. until such iime..as all services which have been requested by the Brazos County -.Juvenile Probation Department and- are pending on the termination .date in section 2.01 above, -have been performed. Under this agreement, the Brazos County Juvenile Probation Department may refer female juveniles in need of secure residential .placementfor.a period of one hundred fifty (150) successful days to the Ladies Inspired For. Excellence Residential Program. ARTICLE:III .SERVICES .3.-01 'Service Provider will provide -the appropriate -levels of -service as defined below: A. Moderate Level -1. Involvement in age -appropriate structured activities and education and rehabilitation services and supervision - and guidance that:is more than routine in. order -to ensure the child's physical and emotional safety. Intervention from -clinical professionals and appropriately trained/certified paraprofessionals is .designed to maintain or.improve functioning appropriate to the child's needs, :age, and development. Vol. 340 P g.18I 2, SeMces-reflect a.range of treatment'and rehabilitative interventions,.lnoluding-individual and family therapy, ongoing assessment; skills building, psychoeducational programming, individualized educational services; and social and recreational activities. 3. Treatment is -based on, individual assessment and is responsive to.documented_,needs. May include focus on specialized ;populations; not limited to mental_ health, substance use, or sexual behavior treatment. 4. Appropriate youth.include those who -display one of more.of the foflowing: occasional physica! aggression, frequent'non violent misbehavior; minor. self -injurious acts; and/or moderate risk of harm.to self or others. Youth requiring substance abuse treatment.*are 'those at risk of developing substantial problems without intervention .or those with -a history of substance abuse disorderrequirirtg aftercare and relapse.prevention; Youth requiring sexual behavior treatment iriclude those.with moderate treatment needs. Specialized Level 1. Includes inVolvement in age -appropriate structured activities and education .and rehabilitation services and supervision and guidance that is highly structured and that provides. twenty-four (24) hour monitoring in order to ensure the child's physical ,and .emotional safety, Intervention from .professionals and appropriately trained/certified paraprofessionals is designed to attain or. improve functioning appropriate to the child's needs, age, and development. 2. -Services reflect a full range of treatment and rehabilitative interventions, 'including individual and family therapy, ongoing assessment, skills building, .psychoeducational programming, individualized educational services, 'and'social and recreational activities. 3. Treatment is based on individual assessment -and is responsive to documented needs. Focus includes specialized populations, not limited to mental health,. substance use, or sexual behavior'treatment. includes services for multiple or complex needs.. 3.02 Service Provider will perform the following services: A. Service Provider agrees to provide a space, If,available, at -the time Juvenile Probation is requesting the space. �13. provide twenty-four (24), hour pdr day, seven days. a ,week room 'and board;, to include all meals'with ba* residential services, including: standard supervision by qualified and certified adults, snacks, recreation facilities; personal hygiene items, haircuts, transportation, Texas Education Agency approved'educational programming, school supplies, room (rent, utilities, maintenance, telephone) and miscellaneous, as ordered. by Juvenile. Probation. C. Provide and document paraprofessional counseling, off -campus visits. or furloughs, :major incidents and worker contacts. Any arid -all costs associated with off -campus visits or furloughs will be. paid by the parent/legal guardian. :or custodian: D. Ensure that.the child's parent(s)/guardlan(s)/custodian(sj and Juvenile Probation, and specificallythe Juvenile Probation Officer (JP.0) are notified if a child in placement makes an unauthorized departure, becomes seriously Ill, or is involved- In a serious accident. The .JPO and parentflegal ;guardian or custodian will be. informed 'Immediately if during working hours'. After normal working .hours, the Juvenile Detention .Center will be notified as well as the parent/legal guardian or custodian. In the event of serious illness or accident and for any required follow-up. care .Service Provider shall be responsible for having the child transported.to the nearest hospital of emergency care facility: VOL — Pg. IGIa E: When requested.by the Brazos County Juvenile'Probation Department,'the Service Provider shall make the child available -for visitation.andlor. conference calls in order to conduct a Case Plan and subsequent monthly updates as.needed. Service Provider -shall paficipate-by providing information regarding progress or-laek-of in `services:provided and displayed behaviors: F;; Provide -the JRO with a'wrtiten report of the child's progress on a monthly basis in a Monthly Progress'Report. G. Document and maintain-tecords of all goods and services provided to contracted'children. These records shall contain, but are not limited to: hours of service provided, number of children, served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. H. Maintain copies of the original Individualized Program Plan and the periodic reviews. Document and �M61ntain records pertaining to the effectiveness of goods and services=provided to contracted children. These records shall contain, but -are. not limited to: percentage .of youth in .program successfully .achieving set educational goals-, percentage --of youth achieving set vocational goals, percentage of youth 'achieving set social skills goals, percentage of youth demonstrating ovetall progress, number and type of investigations made by the Department.of Family.and Protective SeiAces or any law enforcement agency due to vporls- of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. J. Any and -all medical/psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for -in Service Provider's program, shall be the. sole resporisibility .of- said child's parent(s)lguardian(s)/custodian(s) or -court ordered appointed conservator, to'be paid by_ either personal payment, health .insurance, or Medicaid coverage. However,. in nb case shall :a child be denied any. needed medicgVpsychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA -4.01 The.performance of Service. -Provider in achieving the.goals of Juvenile Probation will be evaluated oh the basis of the output and outcome measures -contained in this section. Juvenile Probation, at ifs -discretion, may use,other rheans.or additional measures:to evaluate the performance -of Service. Providenih fulfilling the terms and conditions of the Agfeemerit. , A. Juvenile Probation shall evaluate Service Provider's -performance under this Agreement according to the following speciftc•performance goals -for Service Provider: 1. Ensure children complete residential placement. '2. Prevent re -referrals of children during t4q-six (6) months following release from residential placement. 3. Ensure children move down in. their Level of Care as they progress in the -treatment program. .. Juvenile Probation' shall additionally evaluate Service Provider by'the following 'output measures (in actual numbers of units of service and activities): 1.. The total number of children placed in residenfial_placement. i 2: `The total number. of.children who were discharged from residential placementsuccessfully. 4 i - --r-r i Vol. c'� pg. I I The total number of re -referrals of children discharged from placement's within six (6) months after release. 4. The total number of children who inoiie down in their Level of Care. 5. The average length -of time'befo'te a child moves down in the Level of Care. C. Juvenile Probatfon-shall further evaluate Service Provider by the following- outcome -measures:, 1.. Percentage of:chifdren 'in,residential placement who will complete their placement as a.successful discharge. 2. Percentage of children who have completed 'placement 'and not re-refefrals within six (0) months after release. 3. Percentage of childfertwho -move.down in their Level of.C,are. 4.02 :Service Provider shall report on a monthly b'atis-to Juvenile Probation as to'. each of the foregoing output grid outcome measures, These reports will be.reviewed by Juvenile Probation in order to monitor Service Provider for progfammatic-compliance with this Agreement. ARTICLE V COMPENSATION ,5.01 For and in consideration,of1he above -mentioned services, Juvenile Noiiatiob, agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in,accordaricewift schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. 5.02 The above fee will be paid only for those children specifically authorized -to be placed by Juvenile Probation through its fiscal or designated official. In no-everit will the per.diem,tate exceed that specified for'the Level of.Care.pfovided. For services rendered under this agreement, Juvenile Probation shall pay the sum of Orie Hundred Forty -Five Dollars*($145.00) per day'per.child for Moderate Care or One Hundred Sixty Dollars ($160,00) for Specialized -Care for each juvenile for each day juvenlles is placed -at the facility. Charges will include. the day of admittarce, regardless of the hour of admittance; plus the number of -days ,until released, ihcl'uding the dayof release. regardless of the hour. It is understood that the -Level of Care provided by Sorvico Providoc will be. reduced to a lower Level.of Care�as soon as such reduction 1s, deemed practical by Service Provider, based upon' improvements in the child's attitude -and behavior. Service Provider has an affirmative duty to lower the Level of Care .when it is practical to. do so. Juvenile Probation~ -and/or its. representative may at any time make such1 i"spectiori of,recofds and'iriterview both the child and employees of Service Provider,to.determine if.the child is at a Level of Care necessary to meefthe, child's treatment and service .needs. If Juvenile Probation determines that the appropriate Level of, Care should be or should have beef lower, Service -Provider shall lower such level. Service Novider-shall remit'to:Juvenile Probation the difference from the amount, paid and the amount that should have been paid, if the child had been .placed. at the appropriate level from the date the child's. level should have been lowered, unless Service Provider can show why such a.step down was.not practical. It a child enters and exits a program where -he has resided for a minimum of"! 20 days and does not .mdve-to a- lower level, except:those who enter at Moderate Level, it will be presumed that the child was not successfully. discharged from the program as ,set forth in the program measures. Service Provider shall .fully cooperate in these efforts. 5.03 Medical: In addition to the .fate agreed upon between the two (2) parties, Brazos County Juvenile Probation Department agrees to. be responsible for payment of medical care to the juveniles placed at the Ladies. Inspired For - Vol. pg.I�a Excellence Residential Program .and -to *pay for emergency examinations_; treatments, medications and/or hospitalizations ,in the event the. child's medical insurance does not cover -the cost. The Ladies Inspired For Excellence Residential-Program_shall request authorization from Brazos County Juvenile Probation Departmo" of any medical need. or medical condition requiring care. Ifemergency examination, treatment and/or hospitalization outside the facility is required for a juvenile placed at the, Ladies Inspired For Excellence Residential Program, the Facility Administrator (FA) or designee Is .authorized to. secure such examination,. *treatment and/or hospitalization at .the expense of Juvenile Probation. Juvenile :Probation agrees to indemnify and hold harmless Service Provider, their representatives,. agents: and employees ffom any and all liability for charges for reasonable and necessary :medical examination, -treatment: and/or hospitalization. The FA or designee shall notify Juvenile Probation and the parent/guardian or custodian of such .an emergency,immediately but no later than twenty-four (24) hours of its -occurrence. 5:04 Service Provider will submit an invoice for payment.ofsentices to ]he Juvenile Probation FiscaY.Officee on amonthly basis. Said invoice shall be submitted within ten. (10) working days following the end of the invoiced monthand shall include information deemed necessary for adequate fiscal control, including but not limited to: hours worked, -to be aftributed to specific. clients if appropriate, :date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be -reviewed by Juvenile Probation -in order io'monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid. 'by Juvenile Probation in a timely manner in accordance with Texas Government Code,. Chapter 2251,Payment for Goods and Services. Payments shall be made within thirty (30) working days after receipt. Payment shall be made to Cameron County Juvenile JusticeDepartment, P.O. Box 1690, San Benito Texas 78586. The Service Provider may, at its discretion, or upon'recommendation of the Cameron County -Auditor's Office, impose interest:on payments 'that become overdue In accordance w1ith-§2251.025, Texas Government Code. 5.05 :Any income received. by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Social Security, medical insurance coverage, or contributions from parent/legal guardian. or custodian or others must be documented as to each child for whom a billing Is submitted and deducted from tKe invoice submitted to Juvenile Probation. Documentation must"include the sufficient identifying information of the parties receiving the services,'the. dates and times services- were -provided, and such other information deemed necessary for adequate fiscal control. 5.06 in order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation. on the day the child is admitted into the program; the Service •Provider will also. ihvolce Juvenile Probation for the last day of care, 5.07 Services which are not directly -addressed by this.Agreement must be submitted for approval with associated billing. for reimbursement from Juvenile Probation. 5.08 Service Provider agrees to make clalmsfor payment or..direct.any payment disputes to Juvenile Probation —Service Provider will hot contact other department employees regarding ahy claims of payment. 5.09 Service Provider agrees and understands that -all financial obligations of Juvenile Probation provided for in this Agreement, •for which current revenue is not available, will be contingent on the availability of appropriated funds to .meet said obligations.. ARTICLE VI EXAMINATION OF PROGRAM AND RECORDS 6.01 'Service Provider agrees• that it Will permit Juvenile Probation to examine .and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation �6 V®!. �j(_P0 _._ pg. V�71�3 of -the program may include periodic on -site visitation, observation of programs, in operalion, 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 Juveriile'Probatioh 6.03 For purposes of evaluatiorijnspection, auditing, or'reproduction, Service Provider agrees -to maintain and make .available any and •all -.information., -records; papers, reports or.other documents or evidence to- an authorized representative of -Juvenile Probation, the Comptroller General of the United :States, the U.S. Department.ofJustice, the TJJD or the State of Texas and/or -their duly authorized representatives. 6.04 Service Provider shall retain and make available -to Juvenile Probation all financial records, supporting documents; .statistical records, and all other records pertinent to the Agreement'for a minimum 6Fseven (7) years; or:until any pending litigation, claim, .audit or review, .and all questions arising therefrom have been resolved, and shall make .available forAqverift Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6:05 Service Provider understands that.acceptance of fuhds-under this Agreement acts.as acceptance -of the authority of the State Auditor's Office,• or any successor agency, 'to .conduct an audit or investigation in connection with those funds. Service' Provider further agrees to 'cooperate fully with the State Auditor's Office or.its successor in the conduct of :the audit or investigation, Including providing all records requested. Service' Provider will ensure that.the -foregoing clauses concerning the authority of the -State of Texas to audit and the. requiremeritto cooperate is included in any subcontract or arrangement Service Providerenters Into in -which funds received under this Agreement'form all or part of the consideration. 6.06 Service Provider will have eligibility to receive state funds as required by the Texas Family Code §231.006 and will "be in Good Standing with.the State of Texas Comptroller's Office. ARTICLE'VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall -maintain strict ebnfidentiality':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 bylaw. ARTICLE Vill DUTY TO REPORT 8:01 Allegations Occurring Inside the Juvenile System. ,As required by Texas Family Code Chapter'261 and Title'37 Texas .Administrative Code Chapter 358, or successor provisions, Service Provider, and any' of its employees, interns, 'volunteers 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 prograf f in the following manner. .A. For all allegations and incidents except sexual abuse arid'serioUs physical abuse: 'within twenty-four (24) hours -from the time the allegation Is made, to, the following: 1, Locai'law enforcement agency; and 2. TJJD by submitting a ti. b .incident Report Form by email to abuseneglect(Mtjtd.texas.gby (or if unable to complete the form -within, twenty;four (24) hours, then by calling toll -free' 1-877 786-72Q, followed by submitting the report -within twenty-four (24) hours of said call). In addition, for serious incidents, a treatment Vol. 0 Pg.194 - discharge form.or-other-medical docum_ eritation that contains evidence of medical treatment pertinent to the reported.incident shall be submitted to the.TJJD %Qhin_iwenty-four (24)hoursof receipt; and , I -With respect to juveniles placed -by Brazos County Juvenile Probation Depaitment- the'TJJb Incident Report Form must also be sent to Brazos County Juvenile. Probation bepaffinent_within twenty-four (24) hours: -at facsimile number (979)823-4211, Attention: Chief Linda Ricketson: S: For allegations and incidents of-sexual.abuse or serious.physi.41.abuse: 1. Local law enforcement agency immediately, but no later than dne (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. TJJD immediately, butbo later than four (4) hours from. the time a person gains knowledge of or -suspects the alleged serious physical=abuse:or sexual.abuse. Th initial report shall be made by phone by -calling toll - free 1-877-786-7263. Within tw my -four (24) hours of the report by p one, the completed TJJD Incident ReportForm shall -be submitted by facsimile number 1-512-424-6717 of by email; and 3. With respect to. juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form must also be sent to Brazos County Juvenile Probatlon Department withintwenty-four (24) hours"at facsimile number (979)8234211, Attention: Chief Linda Ricketson. 8.02 Allegations Occurring Outside the Juvenile System. Any person who:witnesses, learns of, receives an oral or written :statement from an alleged victim or dher person with knowledge or who has a reasonable belief as to the occurrence of aileged.abuse, neglect, exploitation, death, -or-other serious incident involving a- juveni.16, but that'is. not alleged to- .involve.:an employee, intern; volunteer., contractor, or Service Provider of a program. -or facility, shall be reported to .law enforcement -or to -other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within -this Agreement A. An allegation or incident includes. 'the- witnessing, leaming,. or receiving an oral or written statement from an alleged victim or other person -with reasonable belief -or- knowledge as to the occurrence or art alleged.abuse, neglect, exploitation, death, or other -serious incident involving -a juvenile in.a juvenile justice facility orjuvenile 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 br indirectly from the conduct that"formed the basis of an allegation of abuse, neglect, or exploitation, .if the bodily_iiarm 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.whollyor partly by -or -under the authority of the governing board, juvenile board, or by a private vendor under a _contract.wifh the governing board, .juvenile board, or governmental unit that serves juveniles under juvenil& court jurisdiction. The term includes: a public or -private juvenile, post -adjudication secure correctional faciiity`t:equired to be certified in accordance. with the Texas Family Code; and a public or -private non -secure juvenile post_ -adjudication residenfial'treatine'nt facility housing juveniles udder juvenile court jurisdiction. -F, A juvenilejustice program is a program br department operated wholly or partly by�the goveming'board, juvehile board, or by a private vendor'under contract -with the governing board or juvenile,board that serves juveniles under juvenile court jurisdiction or juvenile hoard jOsdiction. The term includes:a- juvenile justice altemative education program and anon-residential::program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and_ a Juvenile Probation department. PRISON RAPE ELIMIN ION ACT Service Provider shall -adopt and comply with all federal,.siate, county and city laws, ordinances, regulations and 'standards applicabie to the.provisions of services described herein and the performance of all obligations undertaken' pursuant to this Contract, including 'the: Prison Rape- Elimination Act.bf 2003 (PREA) which establishes a zero - 'tolerance standard against.sexual assault of incarcerated persons, including juveniles, and addresses th'e'de%ofion, elimination, .preVenti0h and 'reporting.of sexual assault in facilities- housing adult and juvenile gffenders [PREA .§115.312 (a)]. Under PREA, Service Provider shall make.availabie to the Chief JPO (Cffi%ali 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 Juhe 30 [PREA§115.387(e) and (f)]. Under PREAj.'the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation tq ensure. .that the Seivice.Provider is complying with PREA standards' [PREA §115.312.(0)]. To comply with this standard the Service Provider will make available to the CJPO all incident- based aggregated sexual abuse'data within twenty - .four (24) hours of the allegation. Under PREA, Juvenile Probation,will make the aggregated sexual abuse -data for each.Service Provider -available Jo the public via the Juvenile Probation we.bsite [PREA§115.389(b)]. Service Provider will be subject to a Department of -Justice PREA audit every three (3) years beginning August 20, 2011 Service Provider shall be solely responsible for paying for a PREA audit., ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history .searches shall be conducted by Service Provider for' any and all of its employee's, interns, volunteers, or contractors providing services in a juvenile justice facility orjuvehile justice program that may have 'direct unsupervised access to juveniles. in the facility or program. 9.02 Service'Providers of juvenile.justice facilities,or juvenile justice programs licensed by the Texas Department of Family and' Protective'gervices; Texas Department of -State Health Services, or other state agency are- exempt from the requirement to provide documentation of criminal historysearches for staff employed in the program or facility. gervice Providers that are individually licensed by the -Tekas-Department of Family and Protective Services, Texas Department -of State Health Services, or other state agency are also exempt from the requirement to provide documentation of criminal history searches. Service Provider shall provide Brazos County Juvenile Probation Department with documentation confirming that Service Provider's license is currently in good standing with. the licensing,entity and shall not provide services under this Agreement unless: its.license is in good standing. 9.03 Criminal history searches -shall include the -following: i r ®I. l&O Pg. q .. i i A. Texas. criminal history fingerprint -based crirriinai history`background search through -the Texas .Depar ment-of Publicb4ety: :B.. -Local law enforcement sex offender' registration records check through -the Public Sex Offender Registry on the' Texas Department of Public Safety-website. :0. Federal' Bureau of Investigation fingerprint=based criminal history background search at .the National Crime information Center;*iniernet-based.searches*shall not be used to conduct this background search. 9.04 A.copy of the initial criminal history. report required by this Agreement.and any reports reflecting -subsequent criminal activity shall be maintained for monitoring purposes for whichever of the .following occurs later: duration of the ihdividual's employment'or period of service;. minimum of three (3) years; or until any pending litigation, claim, -audit' ,or review, and all questions arising there from have been resolved. 9:05 As'used within this Agreement, a disqualifying'criminal'history-is a history that includes any one of the following: .A. A felony'conviction against the laws of this state', another"state;'or the United States within the past ten (10) years; :B. A deferred adjudication'for a felony against the laws of this state, another state, or the Uhited.States within the past ten (1b) years -C. A current felony deferred adjudication, probation or parole,- .b. 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 lhis•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.a-sex Ander-under Chapter-62 of the Texas Code of -Criminal Procedure. 9.06 in addition to the -criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to juveniles in a facility or program until at least one year has-elapsedsirice 'the completion of any period of incarceration, community supervision, or parole. 9.07 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access tojuVddiies in a.juvenile justice facility or a juvenile justice program. 9.08' Juvenile Probation reserves the right, in its sole- discretion, to prohibit any individual with.a prior criminal history from being placed.in a. position that involves direct unsupervised contact with juveniles. ,ARTICLE-X DISCLOSURE OF INFORMATION 10..01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the .following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient;detail this. same. information to.Juvenile Probation: A. Any and all corrective action required'by--any of Service Provider's licensing authorities; io Vol. 0 ____ P . ��� B. Any and all -litigation filed agairist-Secvice Provider, or against its employees,, interns, volunteers; subcontractors, :agents: and/or consultants that Have direct unsupervised contact with juveniles In a juvenile, justice facility or juvenile justice program; C. Any arrest. or current. criminal indictment of any employee, intern,. volunteer, subcontractor, agent acid/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; .D.. All pending and past allegations andlor.. investigations of abuse, neglect, exploitation; death or other serious incidents- involving a juvenile placed'by Juvenile Probation in the juvenile justice. facility or juvenile Justice program; E. Any finding of °Reason to Believe°. by a state regulatory agency in a child, abuse,. neglect :and exploitation ;investigation where . employee, intern, volunteer; subcontiactor, agent and/or consultant of'Service Provider that has direct unsupervised contact with Juveniles in a juvenile'justice.facility.'or juvenile justice program.was.fhe alleged or designated perpetrator; F. The identity of any of Service 'Provider's employees, Interns, .volunteers,. subcontractors, agents andlor consultants that have direct unsupervised contact with juveniles .in a' juvenile justice facility or juvenile justice program that required to register as a sex offender; and G. The identity of, any of Service Provider's 'employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised ccntact-with juveniles in. a juvenile justice facility or juvenile justice program that have'a disqualifying criminal'history. 10.'02 :Service Provider .agrees and understands it has an affirmative -and ongoing duty' to ascertain and disclose, to .Juvenile Probation an -and all of "the foregoing information as, to any'individual, •whether a prospective' or. existing employee„ ihtein, volunteer, .subcontractor; agent, and/or consultant of Service Provider, prior to placing .that ;individual iwa position that involves direct unsupervised contact with juveniles in a juvenile' justice facility or juvenile justice program. ARTICLE XI EQUAL bPPOFZTUNITY. 11..01 Service Provider agrees to respect and protect the civil and legal rights of all. children and their parent(s)/guardian(s)lcustodian(s). It will not unlawfully discriminate against.ariy employee, prospective employee, child, childcare provider, or parent(s)lguardian(s)lcustodian(s) on thebasis of age, race, sex, religion., disability or national origin. Service Provider shall.abide by all applicable federal, state and local laws and regulations. ARTICLE XII -ASSIGNMENT &SUBCONTRACT 12:ol •Service -Provider may not assign or`subcontract any of its tights, duties and/or obligation's -arising -out of this Agreement without the prior written consent --of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO' BENEFIT 13.01 No officer, employee or agent. of Juvenile Probation and no member of.'its governing body and no: other.public officials of the`goverriing body of the locality or localities in which the project is situated orbeing carved who exercise .anyfunctlons,or responsibilities irrtW.profeet,'�shall participate in -any decision -relating to this Aigrdemenfwhich affects. -or 006 icts with his/her personal interest or have any personal or pecuniary interest, direct .or indirect, in this Agreement -or the proceeds thereof: ARTICLE-MV.- DEFAULT 14.01 Juvenile Probation may, by written notice of default to _Service'Provider, terminate the. whole or py.part-of-this Agreement; as -it deems appropriate, in any one of the following circumstances:. A. ,If Service Providerfaiis to .p'erform-the-work called -for by this Agreement within the time specified'lierein-or-any extension thereof; or B. If Service Provider'fails.to:perf&M any of the other matedgi,provisions of this Agreement, including -failure to achieve the defined goals, autcornes, and outputs, or so fails .to prosecute the work' as to endanger the performance of this Agreement in accordance with -its terms, and G. 'in either of these two circumstances after recelAng notice of.defauit, Service'Provider does not.cure such failure within a period of ten (10)..days.. 14.02 .Any-default,by Service Provider, -regardless of whether the default results in. termination, will•jeopard'rze Service Provider's ability to contract with' Juvenile Probation in the future,.:and may result in the refund of -compensation ,received under this Agreement. ARTICLE XV TERMINATION 15.01 'This Agreement,may be terminated: .A.- .Byelther party upon ten (10),days written notice,to the other party of the intention to terminate; or B-. -Upon expenditure.bf available funds. 15.02 If.at'ariy time'during the term -of this agreement Juv©nilo Probation, in.its sole discretion; determines -that the safety .of children being served under this Agreement maybe in jeopardy, Juvenile'Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to -pay,. upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any :and all 'rights it may have of subrogation to arty claims or rights of its employees; agents, .owners, officers, or subcontractors against Juvenile Probation. Service P.rovitler also waives any rights it may have to -indemnification from Juvenile Probation. ARTICLE.XVA' INI EMNIFICAti'M 17.01 it is further agreed'that Service Provider will 'indemnify and hold harmless Juvenile -Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and riegligent: act(s) of commission or omission of Service. Provider, its. agents, servants or employees arising from activities under this Agreement. 1.2 Service Provider shall have no obligation to indemnify and hold harmless Juvenile Probation for'any acts) .of commission or omission .of Juvenile Probation agents, servants, or employees adsing from or related to this Agreement for -.which a claim or other'action is. made. ARTICLE XVIII ,SOVEREIGNIMMUNITY 18.01 This Agreement is expressly made subject -by Brazos County's. Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state-laW. Tine parries expressly agree that no provision of. this Agreement is in any way intended to. constitute a waiver pr any immunities from.:suit 'or from liability that Juvenile Probation: has by operation .of law. .Nothing:' in this Agreement .is intended .to benefit any third party beneficiary. ARTICLE XiX REPRESENTATIONS & WARRANTIES 19.01 Service Provide.r.hereby,represents and warrarits the -following: A: That if has all necessary right; title, license.and authority to enter'into this -Agreement; B. Thai if Is qualified to, do business in the .State.of Texas; that it holds all necessary licenses and staff certifications to provide'the types) of services being contracted for, that it is in compliance with all statutory and .regulatory requirements for the operation of its business;.and that there are -no lakes due'and owing to the State of Texas, the County of Cameron of any political subdivision thereof; C. That it carries sufficient insurance to provide profecfion to Juvenile Probation .under the 'indemnity provisions, -as well as for any potential liabilities'that arise from or related ,to this Agreement, that, if -requested, it -will cause its insurance ca(der-to identify the Juvenile Probation as a certificate holder on'its policy, and will -add Juvenile Probation as additional insured on'its policy; D. 'That all of.its employees, interns, volunteers, subcontractors, lagents:andlor consultants that have contact.with juveniles in a juvenile -justice- facility or juvenile. justice program will be ,properly trained to, report allegations or. Incidents. of.abuse, neglect, exploitation, death -or serious incidents involving, a.juvenile under the supervision of Juvonilo Probation in accordance with the requirements of Texas Family Code 'Chapter 261 and any applicable 'TJJD administrative. rules regarding abuse, neglect, exploitation, death -or serious'incident; -and E. That, if It has employees; interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public' and staff areas of any and all of its offlees/facilities, both the English and Spanish language versions of the following official notice forms that are' available on the TJJD website: Notice to Public Regarding Abuse, Neglect and ExploitaSon.and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE• XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under'and In accordance with the .laws of the State -of Texas, and 'Ali obligations of the parties created:hereundet.are'performable in .Cameron County, Texas. 20:02 Service Provider verifies thafit does not boycott Israel and will not boycott Israel during the'term of this.agreement. The term °boycott.Israel" is as definetl by the Texas .Government Code §2270.0,02, effective September 1, 2011. 13 vos. '�con pg.- 20.03 Pursuant to §2252.152 of the Texas Government Code, Service Provider affirms it Is.not engaged in "business With Iran, Sudan,, or foreign terrorist organizations. Service Provider farther affirms It is not on a list.ptepared and maintained by the State Comptroller of Texas pursuant to §2252:153'of the Texas'Govemment Code. ARTICLE XXI VENUE 21.01 ExclusiVe venue for any litigation. arising from. this Agreement -shall be in Cameron County, Texas. ARTICLEAXII ADDITIONAL TERMS AND AGREEMENTS 22.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to -be referred for -placement in Service Provider's facility. 22.02 Juvenile Probation- recognizes. that part of a client's rehabilitation program may include time away- from the residential setting of Service Provlder,.such as weekends and holidays, and that Service Provider must retain space.for the client until hisiherreturn, To 'this -end, ,Juvenile Probation agrees'lo pay Service'Provider the full •amount due forsuch regularly scheduled days May from the residential setting or its program, provided they do -not exceed four (4) days per month per client and that- prior approval has. been obtained by Juvenile. Probation. Furloughs will riot be authorized by Service Provider except in only highly unusual situations and :solely at fhe, approval of Juvenile Probation. Unoccupied bed space constitutes days away from the facility. Individualized 'Program Plans may warrant additional days away from the residential. setting If approved, in writing by Juvenile. Probation; however; any additional dM-away from the residential setting will not be charged to Juvenile Probation. 22.03 The child's parent(s)lguardian(s)lcustodian(s) shall bear the primary responsibility for payment. of any.medical'or dental needs, by personal payment, health.insurance, or Medicaid, coverage, as, well as clothing ,or other expenses not pr.ovidedfor 1N Service.Providees program-. 22.64 Juvenile Probation reserves the tight to terminate the.client's placement with Service Provider at its discretion. Service:Provider-must not'release a clientto-any person or agency other than Juvenile Probation without the express consent.ofan authorized agent.of Juvenile Probation.- 22.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 22.06 Juvenile Probation is under no obligation to place any child with Service Provider. 22.07 Juvenile Probation shall provide -a written psychological, psychosocial or psychiatric evaluation. If the. battery of tests included in the evaluation is older than one-(1) year prior to admission, a clinical interview performed within one (I.) year prior to admission shall be 'submitted with an updated diagnosis and.prognosis: .22.Q8 in accordance with §29.012(b)(1) of the. Texas Public Education Code, as -a condition of this. contract for residential services, Service Provider shall nofify'the.sdhool district in which the facility is located not later than the third -day -after the date a child is placed in the facility. -22:09 Service Provider shall 'comply with all applicable federal and state laws and regulations, Juvenile Probation's policies; -and TJJD standards pertinent -to services provided under this Agreement. 14 Vol. v Pg• 1�0— 22,1Q'- �� &10 5231.006. Texas Family Co a, the v�endoror-app�t-cerMes that liar individadl of business esrt;,ty named in Agreement, kid, or.app5caft is n6t indligbie#o receive the specked grant- topn, or.payrnent and admoWedges that this Agreement may be terminated 8s►d payment`may be WOW if this certifrcaUorl isinacctrrate. 22.11 _Service Provider is hereby notified that state funds are used to pay fpr ser&es rendored-to Juvenile Probation. Far this reason, �Sr rvice P_ ravider shall accWht separately far the i�Netpt w4 expand uto of all funds ieceivad from 'Juvenue Probation, and shalt adfmre to Cenerally'Accepted AccotmMg Principbs in the accounting, `repotft, taxi auditing Ouch ferias. ARTICLE -Mill LEGAL CONSTRUCTION 23.01 In •case any w. or more of the .proWs�ns-contalmed -In -this'Agresmeni shall for any teasan by held to be. invalid, 1logal, or unenforceable in any rr+spErL such invalidity, iltega�ty,,or uneriforceaNs provWon.shalt not affect.any.of her VWsiorr therao1_.ssdd this Agreement shall be construed as if siren inval #, illegal, or ur�inforceable provision had :never been contained ther6, ARTICLE XXIV PRIOR AGRg MENTS SUPERSEDED 24.01 This Agreement cwnsiihites the sale -and only Agmerperit of the :parties harem and sup des* any prbr understandings orm tten or oral Agreement between the parties respedn9 the irlttMin svije; t matter, ARTICLE XXV .A�,IENDMEtJT'S 25,01 Juvenile Probation may amend, modify or alter the'termis of this Agmeftl :ht shd spacq art effective date thereof'; Juvenilo Prob0on,49 then AoUfy-Seryice-Provlderin viiifng, dated subsequent to fhe date hereof, of such changes .wW thew effective.da4. Continuation of services afterthe effective date bySbrvioe Ftpvidsr Lf-1 signify Its bcceptar?ce of these chartges..If Service Prcuider-declines to axept'changes made by Juvenile Probation. Service Provider .may terminate this Agreement subject to ifie corditions herein... om . _ M A ---I 3. I . 20 as , FULLY EXECUTED -ICI DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. M Honm. bTe Judge Duane 'Sratos•CduntyJudge CAMERON COUNTY JUVENILE County Juvenile Board Chair V r :tlnda Rkkefsbn Rose M. Gomez . Chief Juveitlle Proba►ion'Oftcer- Chief Mom Probation Ofrrcer 15 Vol. 5(XO pg. •-t oTEX-As Ass'—acIAT-ION ''Of CO°UNTIES' ISK _M:A' NAGI •M'F.NT- POOL Liability Contribution & Coverage Declarations Member. Cameron County ; Coverage Period: July 1, 2021 through July 1, 2022 r � This Contribution & Coverage Declarations (CCO) is part of the Coverage Documents between the Texas Association of Counties Risk Management Pool (Pool) and the Named Member shown above, subject to the terms, conditions, detinitions, excluslohs, and sub -limits contained in the Coverage Documents, any endorsements, and the Interlocal Participation Agreement (IPA). The lesser of the Actual Cash Value at time Comprehensive Coverage of loss or cost of repair with like kind and $5,000 quality $83,512 'The lesser of the Actual Cash Value at time Collision Coverage -of loss or cost of repair with like kind and $5.000 @ quality AUTO`PHYSICALDAMAGE-CONTMOU7lON ':i t ,r, : ` •,. - t '�' '�" � 3 812 Bodily Injury Uability - Each Person •$100,000 Bodily Injury Liability - Each Accident $300,000 $5,000 $62,559 Pro Damt3 a Liabili•. - Each Accident t $100,000; co. ,.':,; _h--- ;;,•:<••;-,':, 'i. Personal and Advertising injury Llabl lily _ $100,000 ' ^�M Per Person $300,000 "$5,000 Included Per Offense / Aggregate Crisis Management . +_ .+ $100,000 $5,000 Included Employee Benefits Uabil'dyr $500,000 ' ' $1,000 i _ Included Garage Keeper's Legal LlablOy $50,000' -V.000 included -Qf)flOR01•COVeIBg®. t,::.4• .:la: :t, !• • • �`.i: s':.• i�, ... .c ._ .,tee-....v ... • ,.. t' .'.- . f , '• s......�.... •• .' .. Unmanned Aircraft Number of Per Endorsement • $5,000 included Unmanned GENERAL LiABll.nif CQNTFtIBUT10N; QQ .a. - o - ,:tj,,.` :.1�}' .•7,' -,�'• ;1. �.: '$V2y�7a Texas Association of Counties Risk Management Pool 05/2512021 voo. _ 4o Pg. 'K3 Cameron County # 0310 CAS-0310-20210701-1 Y L a -CAMEI20N,-COUNTY JUVENILE JUSTICE DEPARTMENT El BRAZOS COUNTY.JUVENILE"PROBATION DEPARTMENT FY-2021 -2022 CONTRACT # JUV2022-86 STATE OFTEXAS `COUN1Y:0- CAMERQN .AMADOR'R.-.RODRIGUFZ:JU1/ENILE BOOT CAMP.'& ERUCATIONAL CENTER. Residential Services This Agreement is entered into by and beiween :Brazos'.Coirrity Juvenile Board, at the request of and on behalf of the:8razos County Juvenile Probation Department (collectively referred to as "Juvenile Probation°} and the Cameicn County Juvenile Justice DepartmentlAmador R. Rodriguez.Juvenile Boot Camp & Educational Center(collecfively-referred;to. as "Service .Provider°), .a :goverrimenfal entity licensed to provide child care, services by the Texas, Juvenile Justice- Departmerit (TJJD).. The Amador-R.. Rodriguez Juvenile.Boot Camp:and Educational Center has been duly certfied as being- .Wtable fof the treatment -and residential care of children. ARTICLE I PURPOSE. 1.01 The 'purpose' :of this- Residential :Services Agreement is to provide -the Brazos. County Juvenile Probation Department with residential care services for children alleged or adjudicated to have committed delinquent conduct- or conduct indicating a need for "supervision. The placement facility to be utilized is owned and operated -by Service Provider and `Is located at 2330 W. Highway 7-7., San Benito, Texas 78586. The mailing address of:ihe Service - Provider is P.O. Box 1.690, San Benito Texas 78586. ARTICLE II TERM 2.01 The term.of this Agreement is fora period of twelve (12) months, commencing -Septembe r1.,.2021, and ending August -31, 2022. Such termination shall not affect or diminish the.pladrig County's responsibility for -payment of -any amounts due -and owing at the time,of the termination of the contract. After receipt of Notice -of Termination, the.placing County shall remove all ciiildren'placed.in the.facility'on of before the termination date. 1.02 The :terms of this Agreement shall be extended until such time as _all services which have been requested by -the Brazos County Juvenile Probation .Department.arid are pending=oh the termination date'in :section 2.01 above, have been performed. Under this agreement, 'the BrazosCounty Juvenile Probation Department may refer male juveniles in need of secure residential -placement for a period of one hundred eighty,(180) successfui.days to.the Amador R. Rodriguez Juvenile Boot Camp -and Educational Center, ARTICLE III :SERVICES 3.01 Service- Provider will .provide the appropriate levels of'service as defined below: A. Moderate Level 1. Involvenientin age -appropriate strucfured activities and education and rehabilitation services and supervision and guidance .that is more than. routine in order to ensure the child's physical and emotional safety. Intervention from clinical professionals- and •appropriately trairiedkertified parapfofessionals is designed to maintain or improve functioning appropriate to the child's needs, age, and development. 2 Vol, Pg. �J 2. Secvices'refiect a Mange of treatment affd rehabilitative interventibns, including individual and familytherapy, angoing assessment, skills building, _psychoeducational programming, individualzed educational services; and social and recfecMbhai actfvities. 3. Treatment is based on individual assessmerit:and_is responsive.to documented needs. May include focus on ;specialized populations, not limited tomental health, substance use, or sexual behavior treatment. 4. Appropriate youth include those who display one of more.of the following: occasional physical aggression, frequent non-violent misbehavior,: minor self -injurious acts;. and/or moderate risk' of harm to self or�others. Youth requiring substance abuse. treatment are those at risk of developing substantial probtems without inferventibn or those with a history of substance abuse7disorder requiring aftercare and.relapse prevention. Youth. requiring sexual behavior treatment=include those. -with moderate treatment needs. B. Specialized level 1. Includes involvement in age -appropriate structured activities -and education and rehabilitation services and supervision -and guidance that is highly structured and that provides twenty-four (24) hour monitoring in order. to ensure the child's physical and emotional safety. Iritervefition from. professionals .and appropriately trained/certified paraprofessionals is -designed to -attain :or improve functioning appropriate to the child's needs, age, and development.: -2. Services .reflect a full range. of treatment and rehabiiitativegInteryentions, including individual and family therapy, ongoing assessment, skills. buiidirig,.psychoeducational programming_, individualized educational services; arid; social and recreational activities.' I Treatment is based 'on individual assessment and is responsive to documented needs. Focus includes specialized.populations, not limited to mental health, substance use, or sexual behavior treatment. 'Includes :services for multiple or cbmplek needs. 3.02 :Service Provider wiil perform the-611owirjg services: A.- - Service Provider agrees to provide a -space, ifevailable, at the time Juvenile Probation" is -requesting the.space. B. Provide twenty-four (24) hour per day,. seven days a week room .and board, -to include all meals with basic residential services, including: standard supervision by qualified and certified adults, snacks, recreation facilities, personal .hygiene items, haircuts; transportation; Texas Education Agency approved educational programming, school supplies, room (rent,. utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. C. Provide and.document paraprofessional counseling, off-campus,visits brfurloughs, major incidents and worker contacts. Any and all cosfs'associated with off -campus visits or furloughs will be paid by the parent/legal guardian or custodian: D. Ensure that the child's parent(s)/guardian(s)fcustodian(s) and Juvenile'Probation, and specifically the Juvenile Probation Officer (JPO) are notified if a child in placement makes an unauthorized depatkire., becomes seriously ill, or is involved in a serious eccident. The JPO and parent/legal guardian or custodian will be informed knmediately:if during working hours. After normal working hours, the Juvenile Detention Center will be notified as well as the parentnegal guardian or'custodian. In the.event of serious illness or accident and. for any required -follow-up care. Service. Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Whenfrequested by the Brazos Courity. Juvenile Probation Department, the Service Provider -shall make the child available for visitation and/or -conference calls in order to conduct a Case Plan and subsequent. monthly updates -as needed. Service Provider shall participate by providing information regarding progress or lack of.in services provide .and displayed behaviors. F. Provide the.JPQ with a written report of:the child's progress'on a monthly basis in a Monthly Progress Report. G. Document and maintain records of all "goods and'services provided to contracted children. These-secords-shall contain, .but,are not limited :fo: hours. of service. provided, number of children served, average length of stay per client, total hours of counseling or treatment. provided. These .records shall be made available to Juvenile: Probation for periodic inspection. H. Mafiniain copies of the original Individualized Program Plan and the periodic reviews. 1. Document -and maintain records pertaining to the effectiveness of goods_and services provided to contracted children: These records shall contain, :but are- not: limited to:- percentage -of youth- in program successfully achieving set educational goals, percentage of.youth :achieving set vocational -goals, percentage. of youth .achieving set social skills goals, percentage of youth demonstrating .overall progress, number and type of jn vestig4ons made by -the Department of Family and Protective Services or any'law enforcement agency due to- .iepoiEs of abuse and/or neglect. These records shall be made. available to Juvenile Probation for periodic inspection. J. Any and all-medicaUpsychiatric.treatment..required to meet -the needs -of the child, as well as clothing, or other expenses not provided for -in Service Provider's program, shall be the :sole responsibility of said child's parent(s)/guardian(s)/custodian(s) or court ordered.appointed conservator, to be -paid by either personal payment, health insurance, or Medicaid coverage. However, in no case shall -.a -child be -denied any needed -medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA -4.01 The performance of.Service Provider in achieving thegoals of Juvenile Probation will be evaluated on.the basis of - .the output and outcome treasures- ddfttained.ih this section.. Juvenile Probation, at its' discretion, rray-.use other means or additional measures-to.evaluate the Performance of Service. Provider in fulfilling the terms and conditions of_ihe Agreement. A. Juvenile Probation shall:evaluate Service Provider's performance uilder'this Agreement according to the following specific performance goals for Service Provider. 1. Ensure children complete residential placement: 2. Prevent re -referrals of 'child ren'during the six (6) months following release fro residential placement. 3. Ensure -children move down in their Level'of Care as they progress in' the treatment program. B. Juvenile Probation. shall additionally evaluate Service Provider by the following output measures (in actual. numbers of units -of service -and activities): 1. The total number of children placed in residential placement. 2. The total number of children who wofe.discharged from residential placement -successfully. 01.7 9. 3. The total number ofre=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. 'TWaverage length of time before a child moves dowh in the Level of.Care. C. Juvenile Probation shall further.evaluate Service Provider by the.following outcome measures: 1. Percentage of children in residential placement who.will complete their placement'as a successful discharge. 2. Percentage, of children who _have completed. placement :and not--re-referrals within six (6) months after release. 3. Percentage of children who'inove down in -their Level'of Care. 4.02 Service Provider shall report on a morithly, basis to.Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order -to monitor Service Provider for. :programmatic'.compliance with'this Agreement. ARTICLE V ,COMPENSATION 5.01 'For and in consideration of -the above -mentioned services, Juvenile Probation agrees. to pay'.Service Provider. not more than the per idlem safes -based upon #tie Level of Care provided, in accordance with schedule of rates.set by the Texas Health and Human Services Commission as eurtentlyeffective or subsequently:amended. 5.02 'The above fee will be paid only for those children specifically-authodzed to be placed -by Juvenile Probation through Rs fiscal or designated official. In no event will the per diem rate exceed that specified for the -Level of Care provided. - For services- rendered under this agreement, Juvenile -Probation shall pay the _sum of One Hundred Forty=Five .Dollars ($145.00) per day per child for.Moderate .Care or One Hundred Sixty Dollars ($160.00) for Specialized Care for each juvenile for each day'juveniles is placed at the -facility - Charges will include the day of admittance, regardless of the hour -of admittance; plus the number of days until'released, including the day -of release.regardless of the hour. It is understood-that.the Level.of Care providedby SeMce.Provider will be reduedd to el lower Level bf Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior.. Service Provider has an affirmative duty-to'loWbr the Level of Care when it is -practical to do so. Juvenile probation and/or its representative may at any time make such inspection.of records and interview both the child and employees Of Service Provider to determine if the -child is at a Level of Care-necessti l to`rneet the child's treatment and service needs. If-Ju0nile Probation det&rdiries that the appropriate Level of Care should be or should have been lower; Service Provider shall lower such level. Service Provider shall remit tor Juvenile Probation the difference from the. amount paid and the. amount that should have been paid, if the child had been placed at the appropriate level from. the. date the child's level,.shodid have been lowered, unless Service Provider can -show why such a. step-down was not practical. If a child enters. and exits a program where he has resided'for'a minimum df 120.days a'nd does not move to a lower level, except those who enter at Moderate Level, it will be presumed that the childvaIs not successfully. discharged from the program as set forth in the 'prog'ram measures, Service Provider shall fully 'cooperate in these efforts. 5.03 tNedical: in addition to the rate agreed upon between the two (2) parties, Brazos `County Juvenile .Probation bepaitment agrees lobe responsible for payment of'medical care to the juveniles placed at the Amador R. Rodriguez Vol. koo Pg.��_ Juvenile Boot -Camp and Educatipnal.Center-and:to payforemergencyexaminations, treatments, medications andlor hospi arzations in the event the child's medical insurance does not cover the cost The Amador R. Rodriguez Juvenile.- Boot Camp acid Educational Center .shall request authorization from Bt6z6s, County Juvenile Probation Department of any medical need or medical condition requiring care. lfemergency examination, treatment andlor hospiitalization'oUtside the -facility is requited fof a juvenile placed at the Amador R. Rod6guez-Juvenile Boot Camp and Educational Center, the Facility Administrator (FA) or designee is authorized to. secure such exaininatioft,. treatment.andlor hospitalization •at the expense -of Juvenile Probation. .Juvenile Probation agrees to -indemnify and hold harmless Service Provider, their representatives, agents and employees from any and all liability -for charges for reasonable and necessary medical examination, treatment and./or hospitalization. The FA or designee: shall notify Juvenile Probation -and the'parentlguardian or•.custodlao-of.5uch: an emergency immediately but no later than twenty-four (24) hours -of its occurrence. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly oasis. Said invoice shall be.submitted within ten (10) working days following the end'of the.invoiced month -and shall include information deemed -necessary for adequate fiscal control, including but.not limited to: hours worked, to be. attributed to specific clients if appropriate,:date service was rendered, hourly rafe, total daily cost, -and total monthly .cost. Each invoice received for payment will bereviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid - by Juvenile Probation in a timely manner in accordance with Texas Government Code, Chapter 2251, Payment for. Goods and Services. Payments shall be made within thirty (a%working days after receipt. Payment shall be made to Carreron.County Juvenile Justice Department, P.O. Box 1690, San Benito Texas 78586. The Service Provider may, -at its discretion,• or upon -recommendation ofthe Cameron County Auditors Office, impose interest on payments that became overdue in, -accordance with.§2251.025, Texas Govemment Code... 5.05 -Any income received by Service Provider toward the 'support of a child from sources other than. this Agreement; including but not limited .to Social Security, medical insurance coverage, or contributions from parent/legal guardian 'or custodian or dthers.must be documented as to each child for whom.a billing is •submitted and deducted -from the .invoice submifted to Juvenile Probation. Documentation must include the sufficient identifying information of time parties_receiving the services, the dates and times services were provided, and such other information deemed ;necessary for adequate fiscal `control. 5.06 In order to'avoid duplicate payments for 611dren.being.4prisferred to another.child care agency under contract with - Juvenile Probation,, the. receiving agency- will bill. -Juvenile Probation on .the' day the child is admitted into the progra 'the Service Provider will also invoice Juvenile Probation for the lastbaj of care. 5:07 Services which -are not directly addressed by this Agreement most be -submitted .for approval with. associated billing for reimbursement from Juvenile Probation. 5:08 Service Ptdvideragrees to make claims dr paymentiordirect anypayment.disputes to Juvenile Probation. Service Provider will not contact other department. employees regarding any -claims of payment. 5.0.9 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for.in this Agreement, for which current'revenue is not available, will be contingent on the availability of appropriated'funds to meet.said. obligations. ARTICLE VI EXAMINATION OF PROGRAM AND RECORDS 6.01 Service Provider agrees that it will permit Juveftile.Probatiori to examine and evaluate its program of services. ' ' provided underthe terms of this Agreement andlor to review its records periodically. This examination "and evaluation- voi. 3(po Pg-10-- of the program- may, include periodic on -site visitation, .observation of programs in ,operation, .interview, and the. administration of questionnaires to the.staff of Service Provider and 'the children when deemed necessary. 6.02- Service Provider shall provide to Juvenile '.Probation such descriptive information on contracted children as requested.on forms provided by Juvenile Probation. 6.03. For purposes of evaluation, inspection,. auditing, or reproduction, :Service Provider agrees to maintain -and make available any and. all information, records, papers, reports or other documents: -or .evidence to an authorized. representative of Juvenile:Probation, the Comptroller General of the United States; the U.S. Department of Justice; the TJJD or the -State of Texas and/or -their duly authorized representatives. 6.04' Service Provider shall-retaiii-and make available to Juvenile Probation all financial records,'supportirig documents, statistical recbrds, and.all other records pertinent to,the.Agreement for a°minimum of seven (7) years, or until any pending litigation, .claim; auditor reyiew,.and all questions arising therefrom have been resolved, and'shalknake available fbr-Juvenile' Probation's inspection, all .conttactuail agreements .with Service Provider's subcontractors for services related to. this Agreement. 6.06 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any -successor-agency; to conduct an audit or investigation in connection with those .funtls. 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 that1he 'foregbing clauses concerning the authority of the State of Texas to audit and the requirement tb cooperate is included. in any subcontract or arrangement Service Provider enters into in which funds received under.this Agreement form all or part of the consideration. 6.06 Service Provider Will have eligibility'to receive state funds as required by the Texas Family Code §231.006, and will be -in Good Standing with the State -of -Texas Compt'roller's Office, ARTICLEVII CONFIOENTIALITY OF RECORDS 7:01 Service Provider shall 'maintain strict: -.confidentiality ,bf ;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,. oras may be required. by law. ARTICLE Vill DUTY -TO REPORT 8.01 Allegations Occurdng.lnside the Juvenile System. As required by Texas Family Code Chapter 261 and Title 37 Texas .Administrative Code Chapter 358, or successor provisions, Service Provider, .and any of its employees, interns, volunteers or contractors, shall report any allegation.or ineidentof abuse, neglect, exploitation, death or other serious incident involving a juvenile.in 'a juvenile justice facility br juvenile justice program in the following manner: A. For -all allegations and incidents except sexual abUte and serious.physical abuse; 'within twenty-four (24) hours - from the time tiie allegation is made, to,the following: 1.. Local law enforcement agency; and 2.. TJJD. by submitting a TJJD .Incident Report Form by email'to abus0hegiect ,tiid.texas.gov (or if unable -to complete the. .form within twenty-four (24) hours, then by calling toll -free 1-877-786-7263, followed by submitting the, report within twenty-four (24) hours of said call). In addition, for serious.iricidents,.a treatment 7- Vol. 3kp 0 pg. ago discharge form or other medical documentation that -contains evidence of medical treatmenf.pedinerit to the reported incident -shall-be submitted to the.TJJD within twenty-four (24) hours of receipt;.and 3. With respect to juveniles placed by Brazos County Juvenile Probation Depart -merit, the TJJD Incident Report Form must also be'sent-to. Brazos County Juvenile Probation Departmeni withintwenty-four (24) hours at facsimile number. (979)823-42.11., Attention: Chief Linda_Rickeison, B,- Foralleg4t bns and incidents of sexual abuse or sedous:physical abuse; 1. Local law enforcement agency immediately, but no later than one (1) hour from the lime .a person gains knowledge of or suspects: the alleged serious physical abuse or sexual abuse: The.initial report shall be made..by phone to la w=enforcement;_ 2. TJJD immediately,but no laterthan four (4) hours from thd.tlme 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 toli- free 1-877-786-7263. Within twenty -flour (24) hours-df the report by phone, the completed TJJD Incident Report Form shall be submitt6d 6y facsimile -number 1.-512-424-6717 or by email; and .3..With respect to juveniles- placed -by Brazos County Juvenile -Probation Department, the ,TJJD Incident Report Form must also be sent to Brazos County Juvenile Probation Department within twenty-four-(24) mtiours:at facsimile number (979)823-4211,.Attention: Chief Linda Ricketson. -U.2 Aliegations-Occurring.'Q4tside the Juvenile System. Any person who witnesses, learns of, receives an oral..or written statement from an alleged victim or*other.person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse,. neglect, exploitation, death, or other serious incident involving a juvenile,•bot that is not alleged to involve an employee,. intem, volunteer-, contractor; or -Service Provider of a. program or facility, shall be reporled to law,enforcementor to othOt'appropriate-govemmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. -An. allegation or incident includes the ,witnessing; learning, 'or receiving an .oral or *written statement from an :alleged victim or other• person with reasonable. belief or'knowledge.as to the occurrence or an alleged abuse, neglect, exploitation, death, or:other serious incident involving a juvenile in a -juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted' suicide, escape, reportable injury, youth -on -youth physical assault, or youth sexual conduct. .C. SexuaLabuse is conduct committed by any person.against a juvenile that includes sexual abuse f y contact or sexual abuse bypon-contact. D. Serious physical abuse is bodily harm or condition thatYesulted 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. techriiclan, 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-goveming board, juvenile.board, or by a private vendor under -a contract with the governing board,• juvenile board, or govemmental unit that selves juneriiles, under juvenile court jurisdiction. The Perm includes: a public or private juvenile post -adjudication secure correctional .8 Vol. 3uo Pg, 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 program1s a.program or department operated wholly -or partly by:the governing board, juvenile board, .o(by'a "private vendor under contract -with the .dovei-ning. board or juvenile .board that -serves juveniles under juvenile court jurisdiction: or. juvenile board, jurisdiction. The term includes ,a juvenile. justice :alternative educafOO program, and.a: non-residential program"that:serves. juvehile. offenders while under the jurisdiction of the juvenile..coud or juvenile board jurisdiction and a Juvenile Probation department PRISON RAPE ELIMINATION ACT Service. Provider -shall -Adopt and',comply with. all federal, state, county -,and city laws, ordinances, regulafions and standards applicable to the provisions of services described herein -.and the perf6rmance of all obligations Odertaked pursuant to.this Contracf, including'the Prison Rape• Elimination Act.:of-of (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 Under PREA, :Service Provider shall make available to the Chief JPO (CJPQ) 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..preftus calendar year. no later than June 30..[PRE4115.387(e) and (f)]. Under PREA, the Service Provider shall be subjected to-anYival coritract moniiodrig by Juvenile Probation to ensure 'that the Service Provider is complying with. PREA standards [PRF,A.§115.3f 2 (b)].. To comply With this standard the Service Provider will make available to the CJPO all incident -based aggregated sexual'abuse data withhtwerity- bur (24) flours of -the allegation. 'U.rider PREA, Juvenile Prdbatibri will make the-agglregated sexual abuse data for each Service Provides available -to the public -via the Juvenile Probation website [PREA§115.389(b)]: Service Provider will be. subject -to a Department.of Justice PREA audit every three (3) years beginning August 20, 2013. Service=Provider shall be solely responsible for paying for a PREA audit. ARTICLE IX CRIMINAL HISTORY SEARCHES. A01 Criminal history searches shall be conducted by Service Provider for any 'and. all of its employees, interns; volunteers, or contractors providing services In a juvenile justice facility or juvenile justice program that:may have direct unsupervised access to.juveniles in the facility or program. 9.02 Service Providers of juvenile justice facilities or juvenile justice programs licensed by the Texas Department of Family and Protective -Services; Texas Department of State Health Services, or other state agency are exempt from the requirement to provide. documentation of criminal history*:searches for staff employed. in the program or facility. Service Providers that are individually licensed by the Texas Department of'Family and Protective Services, Texas Department of State Health SeNices, or 'other 'state agency are also exempt from the. requirement to provide documentation of criminal history searches.. Service Provider shall provide Brazos County Juvenile Probation Department with documentation confrming that Service Provider's license is currently in good standing with the licensing entity and shall.not provide services under:this Agreement unless its license is in good standing. 9.03 Criminal history searches shall include the following: von. 12UO P9. aia .A. Texas criminal history fingerprint=based criminal history background .search through the'Texas Npaftent 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; iritemet-based searches shall riot be used to conduct this background search. 9.04 A copy of the initial -criminal history ,report required by this Agreement and -any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes- for whichever of- the following occurs later: 'duration of the iddiVidual's employment or period of service; minimum of three (3),years; or until any pending-litigation,*claim, audit or review, and all questions arising there from have been resolved. 9.05� -As used -within this Agreement, a disqualifying criminal history is a history that include's any one. of the following: A.. A -felony conviction against the laws of this state, another state, or the United States within -the past ten (10) year's; B. AAeferred 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; .0.. 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 misdemdahor 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 Chaptei 62-of the Texas Code of CriMinal.Procedure. .9.06 In addition:to the criteria and time frames sef-forth in the above definition of dlsqualifying.criniinal history, an.1ndM'dual must not have direct.unsupervised access to juveniles In.a facility orprogram until at least one year has-elapsed:since the completion of any period of incarceration, community supervision, or parole. 9:07 Any of Service Provider's- employees, interns, volunteers or contractors with a disqualifying criminal. history shall°be prohibited from -having direct unsupervised access to juveniles'in a juvenile justice, facility or a juvenile justice program. 9.6.8. Juvenile Probation reserves the right, inits-sole discretion, to prohibit any individual with -a prior criminal history from being placed.in a. position thatinvolves direct unsupervised contact with juveniles. .ARTICLEA DISCLOSURE OF INFORMATION 10.01 Service'Provider warrants that, pronto entering this contract, it has verged and disclosed the following information to Juvenile Probation, and agrees that if shall have an .ongoing affirmative duty under this Agreement to promptly .ascertain anddisclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required.by any of Service Provider's licensing authorities; i.o & Any andall-litigation filed against:Service Provider; or against its employees,.intems, volunteers, subcontractors, agents and/or, consultants `that have direct unsupervised contact with juveniles -in -a- juvenile justice facility or -juvenlle.:justice program C. Any arrest or current criminal indictmerit of"any employee, intern, volunteer,. subcontractor, agenf and/or "consultant"ofService Provider that has direct unsupervised contact with juveniles'in a, juvenile justice facility or juvenlle.justice program; D. All pending and past aliegatlons and/or investigations of -abuse, neglect, exploitation, death or other-seribus incidents involving a juvenile "placed by Juvenile Probation: in the:'juvenile justice.facility or juvenile. Justice program; E. Any finding of "Reason to Believe" by a state regulatoryagency.. in .a" dhild abuse, neglect and exploitation Investigation whete.ah,employe'e, intern, volunteer,.subcontractor, agent.and/or' consultant of $ervlce Provider that -has direct.unsupervised contact -with juveniles in a juvenile, justice-fWrity or juvenile justice program was the. alleged or designated -perpetrator; F. The Identity of any of _Service Provider's employees, intems, volunteers, subcontractors, agents and/or. consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that required to -register as a sex -Wender; and 'G. The "identity of any of Service Provider's employees, intems; -volunteers, subcontractors, .agents and/or consultants that have direct unsupervised contact -.with juveniles in a juvenile' justice'facility or juvenile justice program"that have a disqualifying criminal history. 10.02 Service Provider -agrees and understands it has an affirmative and ongoing duty to.ascertain and dklose"to. Juvetiile-Probation any.and all of the foregoing: inforMation as to any'individuai, whether a prospective or -existing, employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider, prior to placing that individual in a position thatiriv61ves direct.urisupeMsed' contact with juveniles in a juvenile justice facility or juvenile. justice program. ,ARTICLE XI EQUAL. OPPORTUNITY 11.Of Service Provider agrees to -respect and protect the ciyll -and legal rights "of all children and .their parent(s)/guardian(s)lcustodian(s). It will not -unlawfully discriminate against ;any employee, prospective employee,. child, .childcare provider, or parent(s)/guardiah(s)/custodian(sy on. the basis. of age, race,'sex,. religion, disability or: national origin. Service Prov"ider'hall abide. by all -applicable -federal, -state and local laws and regulations ARTICLE XII ASSIGNMENT'& SUBCONTRACT 11,01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of.Juvenile Probation. ARTICLE XIII OFFICIALS NOT*TO BENEFIT 13.01 No officer, employee or agent of -Juvenile Probation and no -member-of its governing body and no other public officials of the governing body of the locality or localities'in which the'project is situated or being carved who exercise. any functions or responsibilities in the project,_shail,participate. in any decision relating to this Agreement which'affects or conflicts with his/her personal Interest or have- any personal or .pecuniary. interest, direct 'or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT -1,4.01 Juvenile Probation may, by written nbtice."bf.default to. Service Provideir, terminate'the whole.or any part of this - Agreement, as. it deems appropriate, iri:any orie of the.following circumstances: -A. If Service. Provider failsto perform the work called for byythis.Agreement within the time specifled_herein .or -any. extension thereof; or, B. If Service Provider faiis:to-perform any of the- otherrmaterial provisions of this Agreement, including-failure'to. achieve. the defined goals, outcome's,. and outputs, or .so fails to prosecute the. work as to endanger tiie performance of this Agreement in accordance with.its terms, and G. In either of these two circumstances after receiving,notice of default, Service Provider does.not cure such failure. within a period of ten (10) -days. 14.02 Any default by Service Provider.,.regardless bf whether the defauif results in.termination,.will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation recelved' under this Agreement. ARTICLE XV TERMINATION 15.11.1 This-Agreement.may be terminated: A. By either party,Upon ten (10) days Written notice:to the .other party of the intention -to terminate; oe `B. - -.Upon expenditure.of-'aVailable funds. 1.5:02 -If.at any time during the'term of this agreement Juvoriile 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 abiigatiori to pay, upon giving notice to the. Service 'Provider: ARTICLE&I WAIVER OF.SUBROGATION. 16.01 Service Provider expressly waives any and -all ,rights -it may have of subrogation to any claims or rights ,of• its employees, agents, owners, officers, or subcontractors against Juvenile Probation: Service Provider also waives any rights it may have to indemnification from Juvenile Probation, -ARTICLE XVii INDEMNIFICATION 17.01 It is further.agreed that Service Provider will indemnify and hold harmless Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission .or omfsslon of Service Provider,= its agents, servants, or employees -arising from, activities under this -Agreement. 32 v®I. 3 o Pg . ��� Service=. Provider -shall. have no obligation to •indemnify and hold harmless Juvenile 'Probation for -any acts) of commission or omission of Juvenile Probation agents, :servants, or employees. arising from or -related to this Agreement for -Mich a clkh or other action is made. ARTICLE XViII SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made. subject to -Brazos County's Sovereign Immunity, Title 5 of the Texas Civil, Practices and Remedies Code, and -all applicable federal and state law. The parties expressly agree that no -provision of this Agreement• is ih any way intended -to constitute a waiver or any immunities from suit or from liability. that. Juvenile Probation has by.operation of law. Nothing .in .this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS &WARRANTIES- 19.01 :Service•Provider hereby represents and wariants.the following: -A. That it has all necessaryright; title, license and authority to enter info this Agreement; B. That it is -qualified to. do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for, that it is in compliance with -all statutory and regulatory requirements_ for the operation *of its business;.and that there are no taxes due and owing to the State of Texas, the County of Cameron or any political subdivision thereof; 'C. That it carries sufficient insurance to provide protection;to Juvenile Probation under the indemnity provisions, as well -as for any potential liabilities that arise from or related to this Agreement, that, if requested, it will tiause its in carrier to identify the Juvenile Probation as a certificate holder on its policy, and will add Juvenile :Probation as additional insured ork its policy; J). That all of its employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with :juveniles.in a -juvenile justice facility orjuvehlle justice--program-viill-be properly- tralhed to report allegations br incidents of abuse, neglect, exploitation, -death or serious incidents involving a juvenile under the supervision of Juvenile Probation in accordance with the r6quiremertt of Texas Family Code Chapier:261 and any.a-pplicable TJJD administrative rules.regardirig abuse, heg%ct,, exploitation, death or serious incident; and E. That, if it has employees, interns; volunteersi subcontractors, agents and/or consultants that have contact with juveniles: In -a juvenile•justice-facility or juvenile justice program, then it shall prominently post.in all pubilc 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 dh the TJJD website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice.to Employees Regarding Abuse,-Negfect and Exploitation. ARTICLE.XX TEXAS LAW TO APPLY, 20.01 This Agreement shall be construed under and in accordance with the laws of the, State-of,Texeis, and all obligations of the parties created hereunder are performable in.Cameron County, Texas. 20.02 ' .Service Provider verifies that it -does not boycott- Israel and will not boycott Israel during.the'term of this agreement. The term °boycott Israel" is-as•defined by -the Texas.Government Code §2270.002,.effective September 1, 2017. 13. Vol. 2NCP7( Pg. 20.03 Pursuant to g2252.162 of the Texas Govemment Code,-Service.Provider affirms it is not engage.fln business with kan, :Sudan; or foreign -terrorist organizations. Service Prdvider..-furthdraffirms it is not on a list prepared -and maintained by the.State Comptroller of Texas pursuant to §2252.153 of"the TexaOovemment Code. ARTICLE XXI VENUE 21.01 Exclusive-venue.for any litigation arising from this Agreement.shall be in :Cameron County, Texas. ARTICLEXXII ADDITIONAL TERMS AND AGREEMENTS 22.01 Service Provider- will accept only those -children confirmed by authorized officers of Juvenile. Probation 'to be referred for placement in Service Provider's facility.. 22.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away from the - residential setting of Service Provider, :such as weekends and holidays, and that Service Provider must retain space for the client until his/her return. "To this end,. Juvenile Probation. agrees to pay -Service Provider.the full amounf due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed four (4) days per month per client and that prior approval has been obtained .*by Juvenile Probation. Furloughs will not be authorized by Service Provider -except. in -only highly unusual situations and solely at the approval of-JuVdhlle Probation. Unoccupied bed space cohstitutes days away from the. facility. Individualized Program Plans. may warrant additional. days away from .the residential setting if approved in writing by Juvenile Probation; however, any additional days awayfrom the residential setting will hot be charged to Juvenile Probation. 22,03 The child's -parent(s)lguardian(s)lcustodian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal -payment, health in§urance, or Medicaid coverage, as'well as -clothing or other:expenses -not provided.for in.Servfce Provider's program. 22.04 .Juvenile :Probation .reserves "the right to'terminate the. client's'placement with Service Provider at its discretion. Service Provider must not release -a client to any person or agency other -than Juvenile Probation -without the express consent of an authorized agent - of Juvenile Probation. .22.05 Service Provideris-under no -obligation to accept a client who_is deemed inappropriate for placement in that program. 22.06 .Juvenile Probation is under no obligation to place any child with Service Provider. 22.07 -Juvenile Probation -shalt provide'awritten.psychoiogicai, psychosocial or-psychiatric.evaluatioh. 'If the battery`of' tests included.fn the evaluation is olderthan one (!).year prior to admission, A clinical interview performed within one (1) year prior to admission shall be submitted with an updated diagnosis and prognosis. 22.08 In accordancewith.§29.012(b)(1) of.the Texas Public Education Code, as a.condition ofthis contract for residential services; Service :Provider shall notify the- school district in which the facility is located not later .than the third day after the date a child .is placed in the facility. 22.09 Service Provider -shall. comply "with all applicable federal and state laws and regulations, Juvenile Probation's policies, and TJJD standards pertinent to services provided under this Agreement.. 19 Vol. Pg. 'Al -littler.=§231.006, Texas Family Gbde,.tfievendoror appitani corti�sthet the indiv{tlual or busfnes$`enfdy named in Agreert�nt, bid, or appl3catior Isrrot irtellgiie to receive tits spQafied 'grant, torn, or payment and ackno�redges that this Agreement maybe tenWrrated and payment may be vJtiMld'if this deOcation isinaedurate. 22.11 Service Rrovideris'hemby riodried that State funds are used to pay for services4ertdered to ,Juvenile Probation. Por this rewft Service`t�ovider-shatt account separately for the receipt and oicpendiWre of all funds reoa von from Jarrenlle.Probatigli .and•szhalf adhere to Generally Acbepted Accoun6i Pdklptes in the.accounting, t'.o PO rting, anti auditing of such Wds. ARTICLE XXtll LEGAL CONSTRUCTION .23.01 In case any ow-ot more of the prouistons contained .in this Agrearnant shall ioc any reason be hdir3 to to invalid, Plegal, or unenforceable in :any respea such invalidity, Illegality, or unenfarceable'0rov1sian si~ Knot affect anyother provision thereof AM thi$ Agreanient shall be construed as If such Ihyeid, illegal,, or unenforceable provision had never been contained therein. .ARTICLE XXIV PRIOR AGREEMENTS SUPERSEDED 124.d1 This Agreement constitutes the sole and on,1y Agreenant of Ute :panies hereto awl tupersedss any prior understandings ci i& ten or bras Agieement betu(em the parties respec.ling the v ithin sub*t matter. ARTICLE XXV: AMENDMENTS -25.01 Juvenile Probation'may amend, modify or.6her the'terms of this AgreetMnt and specify arc effective dale thereof. Juvenlio Probation wtiti then no.Gfy Service Provider in writing, dated subsequent to the date hereof, of such.changes and theireffective date, Continuallo;)ofs tv' Icese$erthe effecOvedate,byService Pro-VI&r%01 Oghll Its=ptince of #tw changes. If Service Provider -+declines to amept.changes made by Juvenile` *Probation, Service PrWder may terminals this Agreement suNpet to the coMidoris herein. ON;_ FULLY EXECt3TED IN DUPLICATE, EACH'05 WHICH SHALL HAVE THE FULL FORCE -AND EFFECT OF AN ORIGINAL. 8 UNT!Y NI - D .BY, •Honorab a Judge t3uam P tors 6raras.County Judge CAMER0N COUNTY : M66 Janet.L. Leal County Juvenile t6oardthair V QY �Y Linda Ricikatson Rose M. Gotrez Chief Juvenile Probalioh Officer Chief .100ri ie Arob$tion Officer ;TE=X'AS ASS'OGIAT=ION 'Of COUNTIES `ISK wAANAGENiE1vf PbOL Liability Contribution- & Coverage Declarations Member. Cameron County Coverage Period: July 1.2021 through July 1, 2022 This Contribution & Coverage Declarations (CCD) is part of the coverage Documents between the Texas Association Of Counties Risk Management Pool (Pool) and the Named Member shown above, subject to the terms, conditions, definition's, excluslom,'and sub-111mits contained in the Coverage Documents, any endorsements, and the Interlocal Participation Agreement (IPA). Bodily injury Liability - Each Person $100.000 j Bodly-Injury Liab(tity - Each Accident :1300,000 $1,000 $216.525 ! Property Damage,Liability -Each Accident000 `iACiQiled r.4Ve �"^=S'€.�:ti"•^-'s��. *f .�i" ati ,tr:�a.w>v,- r- <�:.• +;.•s� w.,.x•. • �..�,. .._..-`.s...... .. :..; :,• .:. :. • _. . - i�� },c, n+ tt:3�. ?:�;�i•�.`si •�:=+.� it. y y#aF:_.•,•��[T��sci�--yc�=li.. �,,,,.•{i_,s�,.,01: .....i,�,;Y+:.��,.,�Ty.....,a .•�.15�L,,.•"`�"`. t:'Y. .. 4 'Si.. ii !:�l�:.a " .4•w �C:ti wi.Y J::!'c�`i'e•Y�=W:_:cP1C.'. <`,i .{1.AZ: �V� .(!t:+ 4N J =•�tt :M _i..:5{T `#'.•`J sVl)" •+' -, Personal li jury Protection .. $5,000 •= _ -- -- - - .-�, No deductible - - And GENERAL -LIABILITY :;Limits, of iLia bility �•. Bodily Injury Liability -.Each Person "4100,000 Bodily Injury Uabiidy - Each Accident $300,000 $5,000 $62,559 Proa Da ma a ab-Y - Each Accident = $s 100r•,000 LVpp•i=. C3. �lY`i •s_.s>�SL•.:�G,:�3rr�ett* Rt.cr.;3s,'c•.?.t`•:`mac,S.'c•„"�'. ,S cY,%'i f�{-' S;. c?�•'• 4 i:Y7:'...r� +j• •-XX,. ii{L1?:�:-!`. 1a0a aaYg. ,S.:-•i o-�e'tr._..�i�ia's i •- r.'.rs.`,ij4`r,�_st. .; : Personal and Advertising Injury Liability ....i f:i- i_tJtR��+t.•'^! .M-'lCW L Per Person $100,000 $300,000 $5,000 Included Per' Offense / Aggregate _ Crisis Management - .$100,000 •.. ••$5,000 $1,000 Included Included Employee Benefits Liability -... , y $500,000 .. GarageKeapdri Legali,Liabiilliity :: :'" :$50,OOp $'i,000 ..Included :- �0�1� VVY�/q,��_•'~`a7�T%^!� {"y5�t •�..-• - i`ce`k����'•_�OAR.-z�l�. •?•CS«.. �at.�.k�G_•�..+ '.,. fi:: r -',...f s.�crt. _ .. .. .. ,..'2:•..��.5�.I+ .>,1: , ttvt'r.,•:Y.P,e.•5,;... h}" am..fv.:u3i • Unmanned Aircraft `Number of Unmanned Per Endorsement $5,000 Included Aircraft: 2 . .. . '. GENERAL;t�IABIL'nYCQNTR19UTfON t_}r 6 r:.= "`,:>.::�=•= •�t` p _ ,.y :i.., S:.i-.-3 •� :J"+'kS1:.3'3 J+L.s�.-•�zA..iJ�(tty 7'�.'+�: ���-=':C t,b�`'•e _a� +.'L,, �5..�,tu,�'t a }I� �. S'iK��. `�"'-t,. -"Si: ' � .... - ,.... ...3.�.a>..I.���'dsi'�.:lw.t:•?.;,.:iyi�%•.s .. is y�• .: i�+lw` ..cc�.•.:•::>RL Texas Association of CountiesRiskMamCameron County#f 0310 0512 12021 mentPool Covers a Number: CAS-0310-20210701.1 05i26/�2'1 VOL ��� pg. PTcY FOUNDATION REPAIR FOR SOUTH ARENA AT BRAZOS COUNTY EXPO SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. CIP 22-619 Bryan, Texas 77803 Page 1 of 11 Pages Telephone (979) 361-4292 GENERAL REQUIREMENT FOR CONTRACT 1, Diego Mendez as a duly authorized representative of Aggieland Select Construction, LLC "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this contract. PROJECT TIMELINE Project will start upon receiving purchase order and will be completed by September 30, 2022. 9 PREVAILING WAGES RATES The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit B attached. A Contractor or subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates stipulated in Exhibit B. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any [Qs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the Vol. �� _ pg. gao- Contract No. CIP 22-619 . BRAZOS COUNTY, TEXAS Page 2 of 11 Pages bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the `'Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended or extended contract. Visit https:Hethics.state.tx.us/whatsnew/elf_irifo_form1295.htm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless fi•om all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County. at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission. to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at "the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reseives the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County ,makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. Vol. 'dew v9. 221_ Contract No. CIP 22-619 BRAZOS COUNTY, TEXAS Page 3 of 11 Pages In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such: location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the contractor written notice of such termination of locations a minimum of thirty (30) days in advance. SUBCONTRACTING Any subcontracting must be approved prior to commencement of the Contract by Brazos County. INVOICES & PAYMENTS Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase Order. Contractor .shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the contractor. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This .information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING . Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt.from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use. taxes under Texas .Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. Vol. ___�00 _ pg•_.� BRAZOS COUNTY, TEXAS GOVERNING FORMS Contract No. CIP 22-619 Page 4. of 11 Pages In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the contractor; the terms of this contract shall supersede. GOVERNING LAM' AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 el seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is fiirther advised that these requirements shall be firlly governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of -any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code,. Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In -the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, -or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code § 15.01, et seq., as amended, or the .federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. Contract No. CIP 22-619 BRAZOS COUNTY, TEXAS Page 5 of 11 Pages SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions -of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or. to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence From a reputable insurance company or companies with an A.M: Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the contractor is covered by .the insurance as follows: (1) Statutoa Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies will be acceptable without prior approval by the Commissioners Court/Itisk Management. ment (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self BRAZOS COUNTY, TEXAS Contract No. CIP 22-619 Page 6 of I Pages propelled vehicles used in connection with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes: limitations of periods to bring legal action, granting control of litigation or settlement to another party; liability fdr acts or omissions of -third parties; payment of attorneys' fees; dispute- resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for contractor including health, property, motor velucfe, workers' compensation, disability, death, and dismemberment insurance for the contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated- herein or as may be, designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Vol. Pg._22C_? ------- BRAZOS COUNTY, TEXAS CONTRACTOR: Sales Contract Name: Diego Mendez FISCAL FUNDING CLAUSE Phone Number: 979-450-3731 Contract No. CIP 22-619 Page 7 of I I Pages Billing Info: 600 N. Texas Ave, Bryan, TX 77803 Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of -funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the contractor and supersedes all prior negotiations,' representations, or contracts, either written or oral. Thus contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the contractor shall be retained and made available by the contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendof knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the "Texas Government Code. AUDIT RESPONSIBILTY The contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or Iocal audit directly related to the provision of this contract. BRAZOS COUNTY, TEXAS Contract No. CI? 22-619 Page 8 of 11 Pages The contractor shall repay to Brazos County the 11ill amount received for duplicate billings, erroneous billings, false or deceptive claims. The contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said contractor or his employees or by or in consequence of -any negligence in safeguarding the work, or through the use of unacceptable materials in construction of -the work, or by or on account of any act of omission, the Worker 'Compensation Law .or any other law, ordinance, order or decree, and so much of the money due the°said contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held iindi suitor suits, action or actions, claim. or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents -and employees in accordance with this indemnification clause regardless of whether the injury or damage -is caused in part by Brazos County, its officers, agents or employees. P9. Contract No. CtP 22-619 BRAZOS COUNTY, TEXAS Page 9 of 11 Pages V.T.C.A. LOCAL GOVERNMENT CODE §262.0276 THIS SECTION MUST BE COMPLE, TED. FAILURE TO COMPLETE THIS SECTION WILL DISQUALIFY THE BID. Brazos County shall refuse to enter into a contract or other transaction with a person who owes -a debt to the County per V.T.C.A Local Government Code §262.0276. a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that.proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the. Brazos County Tax Office. e. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non- responsive" and "not responsible", eliminating it from any further consideration of award. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title (Owner, Officer, Director, Manager, Etc.) Diego Mendez I Owner Contract No. CIP 22-619 BRAZOS COUNTY, TEXAS Page 10 of I Pages HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS; https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity. and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://,,vww.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: l . Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, ternunating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does -not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or. any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Aggieland Select Construction, LLC Company Name: Authorized Company Representative: Address: 600 N. Texas Ave, Bryan TX Signature: Diego Mendez Date: 5/24/22 Contract #: CIP 22-619 EVol. P,-)2��_ :__ -1 U __(3 BRAZOS COUNTY, TEXAS Contract No. CIP 22-619 Page 11 of 11 Pages The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. ❑ V.T.C.A. Local Government Code.§262.0276 for Tax Verification (PAGE 9) ❑ House Bill 89-& DeWirment Verification (PAGE 10) ❑ All Addendums (if applicable) ❑ Certification of Bid (PAGE 11) CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: �&�Title: Typed Name: Company Name: Email Address: Mailing Address: Diego Mendez Aggieland Select Construction, LLC Accounting@agsconstructiontx.com 600 N. Texas Ave, Bryan, TX 77803 P.O. Box or Street 81-0778343 Employer Identification Number: City App ovc C miss ers' Court on this _ holding the position of _ Owner Phone Number: State 979-450-3731 .day of M Aq Zip COL'tfo-r-1 ;lk-prolF 2022 by Vol. 3U0 pg.� CONCRETE PROPOSAL, Project dame: Expo 'Center _ Aggieland Select'Construction Project Address: 5827 Leonard Rd 1005 S. Coulter Dr, Bryan. TX Bryan, TX. 77803 (979) 45 0-373 t SLilalniti'lti:ikti►I12,fa tminilxom " :ti i�•t� .:ttT::Cistl•�Uu�tiitn t :cant Customer: Brazos County Scope of"Work If�rra: • o 1,650 -+ Sq Ft of6" concrete Haul off any spoils &Ieprep: 0 1.650 -+ Sq Ft of subgradc prep with -cement sand stabilizer o Compact every 6" Coacrete: o 1,650 -= Sq Ft of 6" concret paving Notes TOTAL: This Proposal is good for a period of 40 Days from the date of Proposal. Warranty to be provided for all proposed items -for One Year from date of completion. Subcontractor not to be liable for surface cracks that appear on concrete slabs. Subcontractor not responsible for removal or placement ofany type ofsubgrade fill materials (select fill or aggregate base). Subcontractor not responsible for permits, engineering and/or -inspections. Subcontractor not responsible for survey, that is to be pro%ided by General Contractor or others. If you have any questions, please feel free to contact Diego Nlendez at (979) 450-3731. Bid Prepared by. Diego Mendez CEO of Aggieland'Select Construction Bid date: 511412022 S 2t,600.00 THE TEXAS A&M UNIVERSITY SYSTEM . 301 Tarrow Street, 2nd Floor College Station, Texas 77840 Minimum Prevailing Wage Rate County: Brazos CLASSIFICATION RATE NOTES Acoustic Ceiling Installer _ _ Asbestos Abatement Worker 15.73 13.06 Carpenter~Y-_- Concrete - Pour and Finish E 15.39 Crane Operator 26.40 ---_-__-_-__•_-_ Driver 14.47 Drywall Installer Electrician -Journeyman 16.20 25.70 �- Electrician - Apprentice 20.35 Elevator Mechanic - Journeyman 55.83 Elevator Mechanic - Apprentice 48.10 Fire Protection - Controls 17.72 - Fire Protection - Pipetitter- - 20.61 _ Formwork Builder Glazier 14.58 17.69 _- -- HVAC -Journeyman 25.09 HVAC - Apprentice HVAC - Controls Insulator --_-y 15.81 21.80 16.01 Ironworker Laborer/Helper - 17.42 -----•__.-__.. -- u-�----�- -- 12.73 Mason 19.13 _ �- Equipment Operator - Light 14.97 Equipment -Operator - Heavy Painter 16.76+- -13.18 32.50 Pipetitter - Journeyman Pipefitter - Apprentice 19.35 _ Plasterer 15.51 Plumber- Journeyman 30.74 Plumber - Apprentice 20.32 Reinforcing Steel Worker 15:78 _ --- -- - -�� Roofer _ 19.94 - Stone Mason 18.12 Terrazzo Installer 13.08- Tile Setter �----.. _.^ 15.73 Waterpt•oofer 14.91 Note: Listed minimum prevailing wage rate is the ba hourly %vage rate including frin-es. VOA. OU0 p9.3a�_. Brazos County CON3295368 TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER AFFILIATION AGREEMENT for Student Clinical Experience This Affiliation Agreement ("Agreement") is executed by and between Texas Tech University Health Sciences Center, a public institution of higher education on behalf of its School of Health Professions, ("TTUHSC"), and Brazos County Juvenile Services Department ("Facility"). Both TTUHSC and Facility are also referred to herein as "Parry" or, collectively, "Parties." Recital Facility operates a licensed and accredited counseling facility at 1904 W State Hwy 21, Bryan, Texas 77803. TTUHSC enrolls students in an accredited school which requires clinical experience as part of the educational process. The Parties desire to advance the field of health professions and aid in meeting the increasing demand for trained healthcare professionals and to make available better health care services to patients. In consideration of the foregoing and in further consideration of the mutual benefits, the Parties agree as follows: Article 1 Term and Termination 1.01 Initial Term. The tern of this Agreement is for one year beginning May 1,2022 and ending on April 30, 2023. 1.02 Renewal. This Agreement automatically renews on an annual basis unless terminated by either Party. 1.03 Termination. Either Parry may terminate this Agreement at any time with or without cause by providing 30 days written notice to the other Party. Students assigned at Facility when termination notice is given will be permitted to complete their current practicum at TTUHSC's option. 1.04 Annual Review. This Agreement must be reviewed and evaluated annually by TTUHSC and Facility at least three months prior to expiration of the current term of this Agreement for the purpose of mutually agreed upon revisions which may be deemed advisable or necessary and which will be set forth in a written amendment to this Agreement executed . by both Parties. Article 2 Facility Responsibilities 2.01 Facility Use. Allow the use of its facilities for the TTUHSC student clinical experience requirement. I I�III III I�III IIq Iu IJIII JI.IVI I� III 1111 IN,---7 11111111111111111111111111111111 111 lll Ill IIIII1 IIII IIII Brazos County CON3295368 2.02 Supervision. Provide staff supervision by currently licensed professionals in the field of expertise identified on page one. 2.03 Confidentiality. Make available access to patients and medical records for TTUHSC faculty and students as part of the clinical experience requirement. Facility agrees that students who are participating in the practicum are part of Facility's workforce, as that term is defined under HIPAA regulations, and subject to confidentiality obligations applicable to Facility's employees and others under its control. 2.04 Patient Care. Maintain authority and responsibility for care given to its patients. 2.05 Review. Periodically review the clinical experience efforts and number of students to participate as mutually agreed by the Parties prior to the beginning of the clinical experience, and participate if requested by TTUHSC in program review activities directed toward continuing program improvement. 2.06 Administration. Maintain authority and responsibility for policies, procedures, and administrative guidelines in the operation of the Facility. The Facility agrees to promptly inform the TTUHSC of any changes in the Facility's policies, procedures, and/or staff that might adversely affect the field experiences of the student placed under this Agreement. 2.07 Staff Participation. Encourage its staff to participate in the educational activities of TTUHSC. 2.08 Removal Notice. Facility agrees that it will give at least 5 business days prior written notice to TTUHSC if it desires to remove a student from the practicum assignment, except in an emergency or when immediate removal is necessary for safety of patients or others. Removal shall not be based on constitutionally impermissible reasons. 2.09 Emergency Care. Provide emergency medical care for students as needed, at student's expense. Article 3 TTUHSC Responsibilities 3.01 Program Responsibility. Maintain authority and responsibility for education programs for its students which may be conducted at Facility. 3.02 Faculty Liaison. Provide a qualified faculty member to serve as a liaison for the student's learning experience at the Facility. 3.03 Insurance. Maintain professional liability insurance for its students during the term of this Agreement and any extensions thereof. 3.04 Confidentiality. Inform its students of the requirement to comply with applicable Facility policies and procedures, including confidentiality, and that publication or other disclosure by either TTUHSC students or faculty of any information or material obtained as a result of this clinical experience is prohibited, unless prior written approval is obtained from TTUHSC and Facility. 2022-05-27 Page 2 of 4 D00572972-035 111111111111111111111111111 llll I Till 111 111111 IIII I IIIIII IIIII IIIIII IIII IIIII IIIII IIIIII IIl IIIIII IIII IIII 17 1 „� , i Brazos County CON3295368 Article 4 General Provisions 4.01 Amendment. This Agreement may be amended in writing to include such provisions as the Parties may agree upon. 4.02 Governing Law, Venue. Intentionally removed. 4.03 Assignment. Neither Party has the right to assign or transfer their rights to any third parties under this Agreement without the prior written consent of the other Party. 4.04 Severability. If any term or provision of this Agreement is held to be invalid for any reason, the invalidity of that section will not affect the validity of any other section of this Agreement, and provided the invalid provision is not material to the overall purpose and operation of this Agreement, the Agreement will remain in full force and effect. 4.05 Independent Contractor. Nothing in this Agreement is intended nor will it be construed to create an employer/employee relationship between contracting Parties or the students engaged in the practicum. The sole interest and responsibility of the Parties is that the services covered by this Agreement will be performed and rendered in a competent, efficient, and satisfactory manner. 4.06 Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party to this Agreement must be in writing and will be deemed served when personally delivered to the Party to whom these are directed, or in lieu of personal service, when deposited in the United States mail, first- class postage prepaid, addressed as follows: If to TTUHSC: Texas Tech University Health Sciences Center School of Health Professions 3601 4a' Street MS 625 Lubbock, Texas 79430 If to Facility: Brazos County Juvenile Services Department 1904 W State Hwy 21 Bryan, Texas 77803 4.07 No Boycott. If this Agreement has a value of $100,000 or more that .is to be paid wholly or partly from public funds of TTUHSC, and if Facility is a company, other than a sole proprietorship, with ten (10) or more full-time employees, then pursuant to Texas Government Code § 2271.002, Facility affirmatively states that it,doesnot boycott Israel and will not boycott Israel during the term of this Agreement. In this paragraph, the terms "company" and "boycott Israel" shall have the meanings described in Texas Government Code § 808.001. 4.08 Force Majeure. "Event of Force Majeure" means an event beyond the control of Facility or TTUHSC which prevents or makes a parry's compliance with any of its obligations under this Agreement illegal or impracticable, including but not limited to: act of God 2022-05-27 Page 3 of 4 D00572972-035 IIIIII IIIII IIIIII IIII IIIII IIIII Illlll III IIIIII kilil 111111111111111111111111111111111111111111111111111 IN r,nG- - - - Brazos County CON3295368 (including, without limitation, fire, explosion, earthquake, tornado, drought, and flood); war, act or threats of terrorism, hostilities (whether or not war be declared), invasion, act of enemies, mobilization, requisition, or embargo; rebellion, insurrection, military or usurped power, or civil war; contamination or destruction from any nuclear, chemical, or biological event; riot, commotion, strikes, go slows, lock outs, or disorder; epidemic, pandemic, viral outbreak, or health crisis; or directive of governmental authority. No party will be considered in breach of this Agreement to the extent that performance of their respective obligations is prevented or made illegal or impracticable by an Event of Force Majeure that arises during the term (or after execution of the Agreement but prior to the beginning of the term). A party asserting an Event of Force Majeure hereunder ("Affected Party") will give reasonable notice to the other party of an Event of Force Majeure upon it being foreseen by, or becoming known to, Affected Party. In the event of an Event of Force Majeure, Affected Party will endeavor to continue to perform its obligations under the Agreement only so far as reasonably practicable. 4.09 Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties as it relates to this subject matter and supersedes all prior agreements or understandings, whether written or unwritten. 4.10 E-Signatures. This Agreement may be executed in two or more counterparts, each of which are deemed to be an original as against any party whose signature appears thereon, but all of which together constitute but one and the same instrument. Signatures to this Agreement transmitted by facsimile, by electronic mail in "portable document format" (".pdf'), or by any other electronic means which preserves the original graphic and pictorial appearance of the Agreement, have the same effect as physical delivery of the paper document bearing the original signature. IN WITNESS WHEREOF, the undersigned Parties bind themselves to the faithful performance of this Agreement. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER P-V� By: Penny Harkey (May 28, 202 5:52 CDT) Signature Penny Harkey Printed Name Executive Vice President Title 05/28/2022 Date BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT By: Duane Peters (Jun 2.202215:34 CDT) Signature Duane Peters Printed Name County Judge Title Date 2022-05-27 1111N IIII Ilnl III vAI IIIII Illgll^ IIIII I11j411. 4I ��II dlll I�u III Ihfl OVI III@ AI I II IIII A57 Brazos County CON3295368 TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER AFFILIATION AGREEMENT for Student Clinical Experience This Affiliation Agreement ("Agreement") is executed by and between Texas Tech University Health Sciences Center, a public institution of higher education on behalf of its School of Health Professions, ("TTUHSC"), and Brazos County Juvenile Services Department ("Facility"). Both TTUHSC and Facility are also referred to herein as "Party" or, collectively, "Parties." Recital Facility operates a licensed and accredited counseling facility at 1904 W State Hwy 21, Bryan, Texas 77803. TTUHSC enrolls students in an accredited school which requires clinical experience as part of the educational process. The Parties desire to advance the field of health professions and aid in meeting the increasing demand for trained healthcare professionals and to make available better health care services to patients. In consideration of the foregoing and in further consideration of the mutual benefits, the Parties agree as follows: Article 1 Term and Termination 1.01 Initial Term. The term of this Agreement is for one year beginning May 1,2022 and ending on April 30, 2023. 1.02 Renewal. This Agreement automatically renews on an annual basis unless terminated by either Party. 1.03 Termination. Either Party may terminate this Agreement at any time with or without cause by providing 30 days written notice to the other Party. Students assigned at Facility when termination notice is given will be permitted to complete their current practicum at TTUHSC's option. 1.04 Annual Review. This Agreement must be reviewed and evaluated annually by TTUHSC and Facility at least three months prior to expiration of the current term of this Agreement for the purpose of mutually agreed upon revisions which may be deemed advisable or necessary and which will be set forth in a written amendment to this Agreement executed by both Parties. Article 2 Facility Responsibilities 2.01 Facility Use. Allow the use of its facilities for the TTUHSC student clinical experience requirement. '022-05-2'i�imiiiuipillili(ipilmsiiap iiiluuiliiu:iiiiNii�iii��u�iiiiiiuiiri�ugipiiuiiiiii'�„ Brazos County CON3295368 2.02 Supervision. Provide staff supervision by currently licensed professionals in the field of expertise identified on page one. 2.03 Confidentiality. Make available access to patients and medical records for TTUHSC faculty and students as part of the clinical experience requirement. Facility agrees that students who are participating in the praeticum are part of Facility's workforce, as that term is defined under HIPAA regulations, and subject to confidentiality obligations applicable to Facility's employees and others under its control. 2.04 Patient Care. Maintain authority and responsibility for care given to its patients. 2.05 Review. Periodically review the clinical experience efforts and number of students to participate as mutually agreed by the Parties prior to the beginning of the clinical experience, and participate if requested by TTUHSC in program review activities directed toward continuing program improvement. 2.06 Administration. Maintain authority and responsibility for policies, procedures, and administrative guidelines in the operation of the Facility. The Facility agrees to promptly inform the TTUHSC of any changes in the Facility's policies, procedures, and/or staff that might adversely affect the field experiences of the student placed under this Agreement. 2.07 Staff Participation. Encourage its staff to participate in the educational activities of TTUHSC. 2.08 Removal Notice. Facility agrees that it will give at least 5 business days prior written notice to TTUHSC if it desires to remove a student from the practicum assignment, except in an emergency or when immediate removal is necessary for safety of patients or others. Removal shall not be based on constitutionally impermissible reasons. 2.09 Emergency Care. Provide emergency medical care for students as needed, at student's expense. Article 3 TTUHSC Responsibilities 3.01 Program Responsibility. Maintain authority and responsibility for education programs for its students which may be conducted at Facility. 3.02 Faculty Liaison. Provide a qualified faculty member to serve as a liaison for the student's learning experience at the Facility. 3.03 Insurance. Maintain professional liability insurance for its students during the term of this Agreement and any extensions thereof. 3.04 Confidentiality. Inform its students of the requirement to comply with applicable Facility policies and procedures, including confidentiality, and that publication or other disclosure by either TTUHSC students or faculty of any information or material obtained as a result of this clinical experience is prohibited, unless prior written approval is obtained from TTUHSC and Facility. 1111111111111111111111111111111111111111111111111111� IIBNIIVII_IMIIIII9d�II.�IIII01111111111A11111 Brazos County CON3295368 Article 4 General Provisions 4.01 Amendment. This Agreement may be amended in writing to include such provisions as the Parties may agree upon. 4.02 Governing Law, Venue. Intentionally removed. 4.03 Assignment. Neither Party has the right to assign or transfer their rights to any third parties under this Agreement without the prior written consent of the other Party. 4.04 Severability. If any term or provision of this Agreement is held to be invalid for any reason, the invalidity of that section will not affect the validity of any other section of this Agreement, and provided the invalid provision is not material to the overall purpose and operation of this Agreement, the Agreement will remain in full force and effect. 4.05 Independent Contractor. Nothing in this Agreement is intended nor will it be construed to create an employer/employee relationship between contracting Parties or the students engaged in the practicum. The sole interest and responsibility of the Parties is that the services covered by this Agreement will be performed and rendered in a competent, efficient, and satisfactory manner. 4.06 Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party to this Agreement must be in writing and will be deemed served when personally delivered to the Party to whom these are directed, or in lieu of personal service, when deposited in the United States mail, first- class postage prepaid, addressed as follows: If to TTUHSC: Texas Tech University Health Sciences Center School of Health Professions 360101 Street MS 625 Lubbock, Texas 79430 If to Facility: Brazos County Juvenile Services Department 1904 W State Hwy 21 Bryan, Texas 77803 4.07 No Boycott. If this Agreement has a value of $100,000 or more that is to be paid wholly or partly from public funds of TTUHSC, and if Facility is a company, other than a sole proprietorship, with ten (10) or more full-time employees, then pursuant to Texas Government Code § 2271.002, Facility affirmatively states that it does not boycott Israel and will not boycott Israel during the term of this Agreement. In this paragraph, the terms "company" and "boycott Israel" shall have the meanings described in Texas Government Code § 808.001. 4.08 Force Majeure. "Event of Force Majeure" means an event beyond the control of Facility or TTUHSC which prevents or makes a party's compliance with any of its obligations under this Agreement illegal or impracticable, including but not limited to: act of God 2022-05-27 Page 3 of 4 D00572972-035 IIIIII Illll I IIIII [II I IIIII IIIII IIIIII I!1 IIIII[ IIII 1111111111111111111111111111111 Mil 11111111111111111111111 ---------- - - ----_ . „- r _ -,3 v41--.,,q--...,,........ -1 - -- --- Brazos County CON3295368 (including, without limitation, fire, explosion, earthquake, tornado, drought, and flood); war, act or threats of terrorism, hostilities (whether or not war be declared), invasion, act of enemies, mobilization, requisition, or embargo; rebellion, insurrection, military or usurped power, or civil war; contamination or destruction from any nuclear, chemical, or biological event; riot, commotion, strikes, go slows, lock outs, or disorder; epidemic, pandemic, viral outbreak, or health crisis; or directive of governmental authority. No party will be considered in breach of this Agreement to the extent that performance of their respective obligations is prevented or made illegal or impracticable by an Event of Force Majeure that arises during the term (or after execution of the Agreement but prior to the beginning of the term). A party asserting an Event of Force Majeure hereunder ("Affected Party") will give reasonable notice to the other party of an Event of Force Majeure upon it being foreseen by, or becoming known to, Affected Party. In the event of an Event of Force Majeure, Affected Party will endeavor to continue to perform its obligations under the Agreement only so far as reasonably practicable. 4.09 Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties as it relates to this subject matter and supersedes all prior agreements or understandings, whether written or unwritten. 4.10 E-Signatures. This Agreement may be executed in two or more counterparts, each of which are deemed to be an original as against any party whose signature appears thereon, but all of which together constitute but one and the same instrument. Signatures to this Agreement transmitted by facsimile, by electronic mail in "portable document format" (".pdf'), or by any other electronic means which preserves the original graphic and pictorial appearance of the Agreement, have the same effect as physical delivery of the paper document bearing the original signature. IN WITNESS WHEREOF, the undersigned Parties bind themselves to the faithful performance of this Agreement. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER By. Penny Harkey (May 28, 202 5:52 CDT) Signature Penny Harkey Printed Name Executive Vice President Title 05/28/2022 Date BRAZOS COUNTY JUVENILE SERVICES DEPARTMENT OWe Reen By. Duane Peters (Jun 2, 202215*34 CDT) Signature Duane Peters Printed Name County Judge Title Date 6131 / a0aa. 2022-05-27 IIIIIiiini�ii�ipiiiiiiii U11111111111111111111111111111111111111111111111111111 ,_°�, Item Coversheet Page 1 of 1 BRAZOS COUNTY BRYANJEXAS DEPARTMENT: CC 2022 - Right of Way Road and Bridge NUMBER: Acquisition - Stousland Road - Steven and Sharon Pittman - 0.199 of one acre DATE OF COURT MEETING: 5/31/2022 ITEM: Acceptance of a Special Warranty Deed for 0.199 acre of land from Steven and Sharon Pittman to be used for improvements to Stousland Road. Site is located In Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 05/23/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Right of Way Acquisition - Right of Way Acouisition - Stousland Road - Steven and Sharon Pittman - 0.199 of one acre for right Stousland Road - Backup of wav pdf Steven and Sharon Pittman -Material 0.199 of one acre for right of way A zZ5� 31�aoa� Duane Peters Date County Judge Vol. —apo Pg. 001 Item Coversheet Page I of 1 BRAZOS COUNTY BRYAN,TEXAS 0 DEPARTMENT: CC 2022 - Utility Permit - Wellborn Road and Bridge NUMBER: SUD - N. Dowling Road -1,536 feet southwest of Woodlands Drive DATE OF COURT MEETING: 6/31/2022 ITEM: Consider and take action on the Wellborn Special Utility District utility permit to construct a road bore for a 1 1/2" water line crossing under N. Dowling Road 1,536 feet southwest of Woodlands Drive. Site is located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 05/26/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00- ATTACHMENTS: File Name Description Tyne Utility Permit- Wellborn SUD Utility Permit - Wellborn SUD - N. Dowling Road - 1 536 feet southwest of Woodlands Drive ndf - N. Dowling Road -1,536 Backup feet southwest of Woodlands Material Drive Luane Peters Date County Judge ®fie 3�Pn fig, Rq2 -1 /!l______[l1___i______�)7i__TT\_n�rI/. O_T iT'__�.•__.TT\ --/n//nAnn TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the. Tekas Utility Code, Section 181.024, comes now Wellborn SUD [company. name], hereinafter referred to as "Company". a . Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized ,representative, and hereby petitions the County Engineer for the right to lay, coristruct,' maintain, repair and/or operate a water line under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name &c Block Number Length or Crossing TYPE OF CONSTRUCTION ' CHECK ONE) Bored lacked Driven Cased ' N. Dowling Road 80 ft. X X Facility to Parallel County Road Within Ri hu t-Or Wav Road Name and Block Number • From To De th Distance CONSTRUCTION TYPE 1 %z" . Diameter 0.10" Wall Thickness 3" Encasement Pipe Material Specification PVC Maximum Operation Pressure 200 PSI The location arid description of the proposed installation and appurtenances must be fully shown on • the attached detailed drawings. The Company. shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 15 working days, (COMP' MUST FALL IN). If•such construction is not begun by the 601 day,•Company will; be. required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application ' is prima facie evidence that the proposed 'installation will not conflict with any existing utility. A:copy bf this permit shall be kept at. the job site any time work is being performed -•It is expressly stipulated that this Permit is.a license for permissive use only and that the placing of facilities upon public property pursuant to this permit'shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges, herein set out are granted only'to the extent of the County's right, title and interest in the land to•be entered upon and used by the. holder and the holder will at all times assume risk of and indemnify, defend and save harmless' Brazos County From and against any and all loss, damages, cost or expense arising in any manner on account _o_fibe e.xercise-ar-attempted-exerc' by said holder of the aforesaid rights ' and privileges. � �� � '• • • Atiy deviation' from tliese specifications must be approved by:Brazos,County Engineer's Office'or.-its: ifesignated . representative. Approval of County Engineer's Office may take as long as two weeks after complete application. is received. Applicant i3grees.fo comply .with all rules of the. County Coin iussioners 'afid the County. Engineer' i i construction,of . said. installation' ataclied hereto:as BRAZ®S,eOUNTY •DESIGN STANDARDS AND. SAFE TY II'RtCAUTION REQUIREMENTS FOR WORK CONDUCTED' IN BRAZOS COUNTY"RiGH'I'S-.OF_-WAY and.incorporated' :. ;herein for reference. :. h the event C6i?ipdhj, falls to obtain a pernrll prior7o the lui lalMtion or dois ►roi litstali rilllitles lit conrpldan'ee tvlflr litslallrillo► rentnlreitle►its se! forth Iteredn. (i e. ilapt 1, loci veh, elc), 'Cenipuny assirp ..s all flirdhi Ial respo)rsibdllty for drini rgo-a-lulloi destr►rcliori_-ojldiiis, crtblis; etc: bosetl.irpo►r !tsfalhiri to courply ti►illr Brazos'Gait►rty_rerlrrlreiiteipps .4pplicant agrees'tbril:if Brazos Corinly deniohHrates it 01ololiokof lhe.terhis of tlrls poldcp; Appiica►it sllpulates that rerrinlsJles for iliJtnictln+e redleJexist irnd llriit Brazos Coiiiily Is errtlllerl to 'relief etifalrid►rg any conduct b>i apj)IIcnril tdlrlclr, ls, co►Nrary to .tire pollcdes. T/rlspermit li it revocable per►alit : Brazos Co"tud uderpim_tloe right.0're>;oke.Ifls'pernrlt at airy tlnie,:i►r tile sole.. " Alscrelion of Brazos •Corully, far lnleresis,'of public. lrenilh; .safety or. eve jrrre, or for f<tilnre 10 repair: niry limn es upon rleanariili orfpr airy other reason tleenietl srrfficde►r1 by Brains Cornet}: . n Me eiini Co►iipkoty faj/d Id coiiiply'wlt/t; 6y"' , all of the req►riren 6uq as sel firth /ierein,;ahe' Coniii}i:1rmj! lake" `such aetlo>r as It lleeats approlirlale 10 co►►tpel.conrpliiriice. " TJre Coa►tly Errgii►eer fitrl/rer relnins - the i lglrt to reioke ' -Nrls Penhit:bit verbal.iiollflcoila►t to the ippllcarrllCon►prirty. :. : Fallnre*to obtal►i 'ilris periiiit niullor tint f the Corrlriji:Nglneer's Offiee.tivdthi►r 24 loins aJbigl►iitliig. coitslrncllon -shall constitute grouurlsfor job slirldoiPit. . By:sigriing beloiv, I certify -that I am'authaHzed :to represent the Company listed.belo�v,, and ttiat the Company agrees - to the conditions/provisions included in this•perinit. Wellborn SUD .Company Name -Stephen Cast ik* L Signature General ' ana er :... ..Title ... ..::. .". . _ .....: - P ... .. ; • .......' :.' :-• - •. .O: Box 250 .. .. _: .. ' 'Address- WelibornTx 7788I •' - ......::':..' to :... elephone-Number T :. . ' ili �velibor hind coin . .-61.: WATER UTILITY APPROVAL Brazos County offers -no objection to the proposed location of [lie utility- in the County right .of way as shown by S Q S cc Z RbHT-0F4AAY w a J -- 0 i GL 0 v �1 9 a c� .9 w C • � S •• 11 Cd Vo- < C) d. O z a , z J' O Z •o d � a CL CL z auj , u w Z O _mot < Z O O~ CL.. F— W z z UJ 4 p tthh ' �J S z O a w Z o :w o. < W z Q En z .. > w O t? V J ii m z z � T N M BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the'proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way.. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether stich project will be allowed or if an alternative exists so as not to inconvenience the public. P. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for futureinstallation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. TrafTc Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol. U_0 _ g , nq b. If construction is within ten (10)'feet of the roadway; or c. r Any work performed in the road right-of-way; 2. Plan -must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. _ D. Desinrr Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified asset forth in the Texas Utilities Code,' Section 181.045. 2. All pole installation (including lighting) shall be placed at the.backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate Iocation at the company's expense. Exceptions may be approved by the County Engineer, 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. beat least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high "pressure gas and petroleum lines, see High Pressure Pipelines requirements listed_ below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. . 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. -Utilities in alFnew•developments that have 60 feet or greater of right of way shalI.be installed within designated locations based upon the .type of utility. The locations shall be as follows: (measured from back of right-of-way). Power - 0 to 2 feet, nominally I' Phone - 2 to 4 feet, nominally 3' . Gas - 4 to 6 feet, nominally 5' Cable- 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however,. the County Engineer or its designated representative will provide final.approval of each utility location. ...7. The length of any trench to be opened in advance of the pipe,•conduit or ducts may not be longer than "400' 'if left. open over night or unattended. 8. Crossings'urider'a county road shall:: a. be bored.or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space. between pipe and casing and soil exceeds one (I ).inch. Brazos County must be given 24'hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. e. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 4. Bore Pits: a. no pits shall remain open longer than 2 days; b. -all pits shall have proper traffic.control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (I0) feet from the edge of pavement without prior approval from the County Engineer or his representative; - - d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed .further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backftlling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f, no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion. of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance. whereby the laying, construciion, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emereencv work 1. In the event Company is required to'perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existiria facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of wilities I . When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. MWi Pressure Pipelines 1. A11 utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception.of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety, - Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tvpe of Pipeline . (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep. Non -Cased Pipe. Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a.County Road within the Right -of - Way. Transmission lines have been -determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. :Vol. p N i] pY�I O JI A 0 �1!�1's j R,Sat b• §i n+n a 4 a P H �$ a a sl TAT:SiaSa,�.f" CL CL • s ��� n OIN 4 p '�� a �I g ggyy gg J� fib �h + ti 1�1 W y HE ?01 S='a *6 Idsoil a� 192HA Hip ._._.�.._.____-'___.._..—_ (d N — W O GTIG� N� HKg •POJOCr ! •11 Q°l Oct a I jewoms O JOPIf%mz ,� � o $ eWdo Oda 09 •����6� F�� J•AO Jo{ PC �_�lyha�n g av1 .0 r. LodiO'C>I. • + �a�� P Or .rol P 6V— �h Rc7���g�� w" as p JGo J•j PC • JvP11w1tC Jg111°4S A $ a w 49n CC K motot Jo 441 at JoJ P• • Jrolnccl9 • ;I 'ry /a • JgIIYJtIC . JPPIroVc Jg111o4S a etQp, real Jo -' ' IG %law Ci m) 't .e N 11wv as W n jo.a Jo) ■C ,QL• C %-A veal A LIPP (i J°J P •C 6 K 10 <33 Jginar: P • • JpInPlli • Jrolro4s �.n.,n.;. K e hIN vm e1 eA1/ •"iliroa e10a01f J° .11,n/a lo•aau�uj .3.:°':°. ,��'„'3 �° °: ?M°:D)..mi n nil -•w� w1 .A/ 11Ia1n.oe•u •u aa,n•en ...v • ..•.....•.• ... '.•v. wl.vaia —1+ 1-2 ay.,a• -M1 W Paw.•.v /1 PAPA&- a141 Jo •1% aY IVMIr'.5r"O Vol. Pg..' 'i U U 4 v Item Coversheet Page I of 1 BRAZOS COUNTY BRYAN,TEXAS C DEPARTMENT: CC 2022 - Utility Permit - Wickson Road and Bridge NUMBER: Creek SUD - Old Reliance Road - 360' northeast of Reliance Church DATE OF COURT MEETING: 5/31/2022 ITEM: Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 112" water line crossing under Old Reliance Road 360 feet northeast of Reliance Church Road. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 05/24/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit - Wickson Utility Permit - Wickson Creek SUD Creek SUD - Old Backup - Old Reliance Road - 360 northeast of Reliance Church Road.odf Reliance Road - 360' northeast of Reliance Material Church Road APPRO t 3� j9-0aa.. Duane Peters Date County Judge 1�i-Me•//hrwnc nn�nteonPn�� nnm/�rrr nrhmnh/(�nvarQ�ent oorwiTtnmTT1-7S(�(1SRr�/fon4inrrTTl C/7F./7[177 APPLICATION FOR WATER UTILITY'P1ERMIT (DESIGNATING PLACEMENT OF UTILITY IN -COUNTY RIGHT Q WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WICKSON CREEK SUD [company name], hereinafter referred to as "Company" a TEXAS [stale] Corporation, with. authority to transact business in Texas, acting by and through its duly authorized representative, and liereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate'a water line under, over,'across and/or along certain CountyRoads as shown on drawings and diagrams attached hereto and said location•described as follows: Facility to Cross Road Road Name & Block Number Length or Crossing TYPE OF CONSTRUCTION CHECK ONE) Bored Jacked Driven Cased OLD RELIANCE ROAD 80, X X Facility to Parallel County Road Within Right.br_wnv Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 1 %z" Diameter Wall Thickness 2" Eneasetneitt Pipe Material Specification PVC Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings.' The Company shall commence actual construcdon/Work in good faith within 60 days from the date of said permit and shall complete said construction /work within l working days. (COMPANY MUST FILL Ili. if such construction is not begun by the 60'h day, Company will be required to apply for it new permit. Company"declares. that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is• prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is'a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that therights and privileges herein set out are granted only to the extent of the County's right, title and interest in'the•land to be entered upon and used by the holder and the holder will .at'dll times assume risk . of and indemnify,; defend and.: save. harmless Brazos County from and against - any and _all - loss, damages, cost or expense arising in �any.manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges, Vbl.- ,fig. �;�5 :Any deviation .from these specifcatians must 'be approved. by Brazos.Couaty _Engineer's Offce:or its desitiated • .,... representative:.:: :.. ' Approval of County. Engineer's Office may take as iodg as two %'Vaeks after cornplete.application is received,. - ::. •Applicant-agreet io-comply with all.rules;of the County Commissioners and:the Cour - to ineer _d constructjon.of.•:. ". : said°=installation attaehed hereto. as BRAZO$ OUNTY=DESIGN STANDAItLIS:AND :SAFETY PRE_ CAUTION ......REQUIREMENTS ,FOR. wORK rONDUCTCD IN BRAi CO�INTY.mIGHTS OF WAY ei pd incorporated erein"t reference..- :. 114 the eveltt Cmnp6lj1 fgils iv obtain a permit prior to tlrc;itistiillritin{r• itr.rldes.i�o1 insiidf nti!liles hi contplldtice Welt bulalladair requlrenrerrts setfortlr.herctri C.e, deprlg loeatioh, 'etc}, Canipany assrrnies qjifit6dtri respotislblllty damages and/or ifestructldti of!fries, cables;. etc. bused Voti.ltsfallirre:to co»rply ivltlr Brazos Couiiq� regrrirettrerirs . ..... ...... :: �lppllcairt agrees rltat f&ragas Coarnty deistoitsirgW a.vinlatlon of.ire recurs OJtlris police, Applicairt sripirlates`tJtnt: requislies f i hijinciive 'rellif eziit attd llaaf Brazos Corrrery is entitled ta.rellef gtjai hig aity _ontluct by Rppllcanr:'.'' wlticli is contrary to lire " This pernrlt Is a revocable pePtitit.: Brazos Couttty.recervei.the"rlglrt to revoke tins periii1, 0 1 riay ilnre; iii ilia snle" dlscrellott of Brazos Corniry, for•• hiferes(s " f public health, safety: or:'ive Jura, or fur• fallirre is repair. ally .damages ' ..:: upotr ileniarrd, or for any otlrer.reRsdtt deetrted stcieiiYbp Brazos C6tiiteJs yii fire event Cantpaiiy fails to: catiiply .wltJt irny OF 'all of fire regirireinents as set jartlr :ltereiii, :fife Coiirity ittny take: such action as it deems appropriafe.to compel cdiiiplimice._ ..Tlre Coutrty Eirgiiteer fitrtlier retains: the right to revoke tills erow by. verbal trolifrcation to tlteApplicariUCompinty. : • :.:.:.:: • :;• : : Failure Iq. obtain!4his permit amUor riotifyilie Comity ftltreees-Offce rvltliin 24 llniirs `of begliirrliig coirstrirclloil'' shall 'constitute grairrrils for Job shuldriwii.:. . ". Hy signing fielow,: l certify that I am.au'thorized to represent;ihe Compagy.listid.tielaw, and that the Company.'rigrces to the conditionslpioiiisian included :iri this permit: : ' ' •., :Comeau ' .Name 2 .. -• • • : Sig �'AF.NBRAL.' MANAGER'' :.. . •• •'• ' • ' -••' �-Title . .. . . . . •p' n ••BaX =47SG • ::. - • - Address•• • :.. :., . e 2i . :: : ' ••:•:.::: City .:. ; • Stet p :::...•. g _ ::.. :Telephone Number : •W A • .. .-.: . • .:: .•• TSON@WICKSONCREEK: COM ..:.:.•;': -. ' ' .•.• : . 0 : WATER UTILITY APPROVAL Brazos County offers no objection to the proposed locaiiodof the -utility in the County right of way -,as shown by accompanying drawings and notice dated _ _�; �a except as noted below; (Montle/DayNgar) EXCEPTIONS: ;r Brazos County Engineer ; Of :... •. O :.' �.::• : RIGHT-0F4AAV-. . . � '.:-•...:.:.;.: •::... ::. . uj CL ul �. cn F .V- lu y 4..... - :CLLU .. lot LLI- - , Z. io :" .. `j- muj cn NI k � � � » : 2 (JO _ ■ 3 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRIESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS O1F-WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safelp Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job.' All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in'order to safely conduct the public through the'project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. ' 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer.' C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the,following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires s ecific nighttime traffic control measures pursuant to the TMUTCD; Vol. b. • If construction is within ten (10) feet of the roadway; or . c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion. for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be' placed in the designated area for power specified as set forth in the T vas UU hies Coda, -Section 181.045. 2. - All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in'violation'of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths -utility may place deeper): a. be placed at a minimum depth of forty-eight (4>) inches below the top of the pavement' . b. be -at least thirty-six (36) inches below ditch flow line when installation is'tvithin the'area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; _ d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of - .. less than 60 feet: 4._ Water Lines: -Ail water tines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility: The locations shall be as follows: (measured from back,of right-of-way). Power — 0 to 2 FeO, nominally 1' Phone — 2 to 4 feet; nominally 3', " Gas •— 4 to 6 feet, nominal ly,5' .Cable— 6 to 8 feet, nominally 7'. 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in.No. 3 above; however, the County Engineer or its designated representative will . provide-finaI approval of each utility location.. 7. The length of any trench to be opened in advance.of the pipe, conduit or ducts "may not be longer than 400': if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b, be pressure grouted for the full length: -of the crossing ij'the annular space between pipe and casing and " soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting . operations; 1l00. Pg. c. T%DOT Standard Specification Item 476 shall be followed for all boring; jacking, tunneling and joints. 9. Bore -Pits: a. no pits.shall remain open longer than 2 days; = b. - all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. . pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from . the County Engineer -or his representative; d. when pits are to remain open for more than S hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring'to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed 'further from the edge of road. 10. . Any installation within ten (10) feet of edge of pavement shall meet the following; a.. location must be approved by the County Engineer or his representative b.. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his'representativernay require shoring to protect pavement integrity, d, all excess water and mud shall'be'removed from the trench prior to.backfilling. -Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall .be removed -and restored to the satisfaction of the County Engineer or his representatives. f. , no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road.-- In the event Company damages the slope, shoulder or any other portion of the right-of-wa* Company "will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. • 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted; except in an instance whereby the laying' construction,.rnaintenance and/or : repair of cables; conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or - jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs, Said -bond amount will be determined by the County Bngineer. : 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all .. designated wetlands�and environmentally sensitive lands. - E. Emergency work l . In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs.' This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety.controls used. F. Repairs to existing fixifities I.-. Maintenance and/or repair to existing.cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it -is necessary for the construction, repair, improvement, ' alteration or relocation of all or any portion of said road, any br.all poles, wires, pipes, cables or other - faeilities and appurtenances authorized hereunder; shall be removed from said load; or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Uti➢ity'Company, and at the expense of the Utility Company. H. High Pressure Pipelines .1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining t6. controlled access or non -controlled access installations, should contain the following' additional - information in the description of the permit. -diameter. -wall thickness -material specification -minimum yield. stfength -maximum operation pressure of the pipeline 2. - With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the'instUation material and design meet the minimum Federal. Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by ari authorized representative of the company.; 4.: Petroleum Pipelines: ..Depth' Type bf Pipeline below deepest: ditch gral e "Special Reuuirei nents Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep' . Encased Pipe ..Greater than 10' No concrete pad required Non -Cased Pipe ; . Less than 10' Must be covered with .concrete pad at least 48" deep Non -Cased Pipe Greater than, 10' -No concrete pad regdifed . Concrete pad shall be minimum of 3"'thick and. width shall be pipe diameter plus 18" minimum. 5. Under.no circumstances will apipeline be installed parallel to a County. Ro"ad 'Within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Pg. N„ _ T N N� 1^ N O f R$1'Svn�7�Sgg AAPAN! , q Waal „ �o W h F Z. jW nn'o pqq1C� g�N+n,ngg N �$ a J iQ a■L uJ h olO„O„p,n p N A N pill 7 8 si -lilt z�. b g� gill; ;=ao 8� k� 4 agg g:bAai g Ds of rge ����a�s �i��G A gjib a g 8 � HIS 'M aab=girl Eli . g. 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Z 0 v W 1.] ~ d x o� Vol. ion pg.�� Kristeen Roe, CTA, PCC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 05/24/2022 REQUESTOR Frederick Robinson ADDRESS ' ' 1205 Detroit St College Station Tx 77840 OWNER NAME Frederick Robinson & Jennifer ETAL PROP ID# 427318 REFUND AMOUNT $290.49 REQUESTOR Frederick Robinson ADDRESS 1205 Detroit St College Station Tx 77840 OWNER NAME Frederick Robinson & Jennifer ETAL PROP ID 21361 REFUND AMOUNT $ 52.12 REQUESTOR John Ross Kavanaugh ADDRESS 11901 N Dowling Rd College Station Tx 77845 OWNER NAME Doinan Kavanaugh ETAL PROPID# 149173 REFUND AMOUNT 1$60.00 REQUESTOR ADDRESS OWNER NAME PROP ID# - REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT RE UESTOR ADDRESS ' OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS ' OWNER NAME PROPID# REFUND AMOUNT Vol. � C)--_ Pg. APPLICATION FOR TAX REFUND Collecting Once Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS ROBINSON FREDERICK & JENNiFER ETAL PO BOX 9395 COLLEGE STATION TX 77842-9395 PROPERTY DESCRIPTION Legal: CASTLE HEIGHTS, BLOCK 3, LOT 211 Address: 3800 OLD KURTEN RD , Account# 427318 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2021 Taxpayer's reason for refund: OP -Overpayment REFUND T0: ROBINSON FREDERICK PO BOX 9395 COLLEGE STATION TX 77842-9395 Collecting Toxfort (taxing entitles) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota 15D Payment Date Amount Paid Refund Amount Requested 01/31/2022 $789.15 $299.49 Sign below and return form tqA Brazos County Tax Office. "I hereby apply for the ref nd f the above -described taxes and certify that the Information on this form is true and correct." S na urea r Da e Phone # Email Address 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 a and is I V pprove j Disapproved S I aao a a. 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. ?,(R`Q . Pg. )4W _ TAX RECEIPT 02/15/2022 01:55PM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: ROBINSON FREDERICK 1205 DETROIT ST COLLEGE STATION, TX 77840 Receipt Number 3141396 Date Posted ' 01l91PL022 Payment Type P Payment Code OverlRefund Total Paid 5789.15 Property ID Geo Legal Acres Owner Name and Address 427318 184000-0003-0021 0.0000 ROBINSON FREDEAICK & JENNIFER ET- PO BOX 9395 Legal Description COLLEGE STATION, TX 77842-9395 CASTLE HEIGHTS, BLOCK 3, LOT 2R Situs DBA Name 3800 OLD KURTEN RD , Entity Year Rate Taxable Value Stint # Void' Original fax Discnts - P&I A_tt Fees Overage Amount Pd Z REFUND ENTITY 2021 0.00000 0 145260 N 299.49 0.00 0.00 0.00 0.00 299A9 BRAZOS COUNTY 2021 0.49351) 20,843 108772 N 102.86 0.00 0.00 0.00 0.00 102.86 CITY OF BRYAN 2021 0.62900 20,843 108772 N 131.10 0.00 0.00 0.00 0.00 131.10 BRYAN ISD 2021 1.22680 20.843 108772 N 256,70 0.00 0.00 0.00 0.00 255.70 789.16 Balance Due As Of 0113112D22: -299A9 Tender Details Description Amount Check 1314 789.15 789.15 Operator Batch tmoore 39961 (0211612022TM) Page: 1 R eipl issued in Accordance with Section 31.075 of the Texis Prcperty Tax Code Vol. Pg. Total Paid 789.15 0 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 ROBINSON FREDERICK & JENNIFER E( PO BOX 9395 COLLEGE STATION TX 77842-9395 PROPERTY DESCRIPTION Legal: CASTLE HEIGHTS, BLOCK 3, LOT 111 Address: 3800 HIGH ST . Account # 21361 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2020 Taxpayees reason for refund: OP -Overpayment REFUND TO: ROBINSON FREDERICK 1205 DETROIT COLLEGE STATION TX 77840 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 09/30/2021 $1250.95 $52.12 Sign below and Xforma Brazos County Tax Office. "I h� apply the above -described taxes and certify that the information on this form is true and correct." nur ho� Email Address 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 [ pprov� [ j Disapproved -log j �. Authorized officer signature"6 Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.21 Tax code Authorized Officer Signature Date •. TA.X RECEIPT 10/0412021 10:07AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: ROBINSON FREDERICK 1205 DETROIT ST COLLEGE STATION, TX 77840 Receipt Number- 3065218 , Date Pasted - ' 0913012021 Payment Type. P� Payment Code OvedRefund Sotal Paid Property ID _ _ Geo _ _ _ - Legal Acres_ Owner WiEti and Address r 21361 1164000-0003-0010 j 0.0000 - + - ROBINSON FREDERICK & JENNIFER ET - - -- Legal Descrlpfiori _ -PO BOX 9395 COLLEGE STATION, TX 77842-9395 'CASTLE HEIGHTS, B_LOCK_3, LO_ T SR _ j Situs - _ -� _ 6604 3800 HIGH ST , Entity Rate Taxable Value Stmt #^_ Vold Tax D_iscnts -P&I Att Fees verage Amount Pdl RA BZOS COUNTY _Year 2019 0.49750 102,B31) 6011 N _Original 163.88 0.00 52J4 32.45 _0_ - 0.00 P48.77 CITY OF BRYAN 2019 0.62999 102,830 6011 N 2D7.52 0.00 66.41 41.09 0.00 316.02 BRYAN ISD 2019 1.27000 102.830 6011 N 418.34 0.00 133.87 82.63 0.00 635.04 Z REFUND ENTITY 2020 0,00000 0 146202 N 52.12 0.00 0.00 0.00 0.00 62.12 1,250.95 Balance Due As Of 0913012021: -52.12 Tender -'_ _ Details_ - De_ sc_ rlptio_n - -_ -r - Amount Check 2031 1250.95 1250.95 I Operator Batch tmoore 37627 (10l0412D21TM)-1.250.95 Page.1 cetiffsnth°S2cfion31075-o(tfieTwsasProperty Tax Code APP�1CATC01 '7F0R-fAX1i E UND• Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS KAVANAUGH DOINAN ETAL 11901 N DOWLING RD COLLEGE STATION TX 77845-8555 PROPERTY DESCRIPTION Legal: WINTERS, BLOCK 7, LOT 1(PT OF) Address: 409 BURNETTST . Account# 49173 TAX PAYMENT INFORMATION. Name of Taxing Unit Tax Year of Refund ZREFUND - 262X Taxpayer's reason for refund: OP -Overpayment REFUND TO: KAVANAUGH JOHN ROSS 11901 N DOWLING RD COLLEGE STATION TX 77845-8555 Collecting Taxfor: (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 05/10/2022 -- $696.37 '$60.00 - Sign below and return form to the Brazos County Tax Office. "I herebyh", �a refund of the above -described taxes and certify that the Information on this form iss truue and correct." Z Signaaturex{/��/ Date 1 1 1 i / Phone # Email Address 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 DETEMMATION e tax refun is [ pproved [ ] Disapproved Authorized Officer Signature 5 (3 l / 9,0aa- Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 05M 012022 1 1:00AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR Receipt Number 4151 COUNTY PARK CT BRYAN, TX 77802 3150981 Date Posted _ _ 05/1012022 Payment Type P Payment Code Over/Refund Total Paid 5695.37 PAID BY: KAVANAUGH JOHN ROSS 11901 N DOWLING RD COLLEGE STATION, TX 77845-8555 Property IA Geo Legal Acres 49173 '667000-0007-0012 - 0.0000 Legal Description WINTERS, BLOCK 7, LOT i (PT OF) Situs D13A Name 409 BURNETT ST , LAPP't PAINT & BODY Owner Name and Address KAVANAUGH DOINAN ETAL 11901 N DOWLING RD COLLEGE STATION, TX 77845-8555 Entity Year Rate Taxable Value $tmt # Void - Original Tax Monts �� f'&1 Att Fees bverage Amount Pd Z REFUND ENTITY 2o21 ' 0.00000 0 145456 N 60.00 600 0.00 ' �'o.00 ' 0.00 60.00 BRAZOS COUNTY 2021 0.49350 54,091 66616 N 133.47 0.00 0.00 0.00 0.00 133A7 CITY OF BRYAN 2021 •0.62900 54,091 66616 N 170.11 0.00 0.00 0.00 0.00 170.11 BRYAN ISD 2021 1.22680 54,091 68616 N 331.79 0.00 0.00 0.00 0.00 331.79 695.37 Balance Due As Of 0511012022: -60.00 Tender Details - Description Amount Check 404 _ 695.37 695.37 Operator Batch trnoore 41161(0511012022TK ' Total Paid 695.37 Page: i as Property Tax Code 1"V-01.727--o'n""EM Pg. n.. .--« ;tz BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2021-2022 BUDGET YEAR NO.21/22 33.1— 33.1 On this the 31st day of May 2022 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. Russ Ford, 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 31 st day of May 2022 the Court heard and approved a budget amendment(s) for the 2021-2022 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 7 September 2021, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 31st day of May 2022. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Ju e Original: County Clerk's.Office and Attached to the original budget Vd. Pg•--1� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 33.1 6/31/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Primary Election Services Fund Election Services Departmental Support Expenditure 14,000.00 Primary Election Services Fund Election Services Contractual Services Expenditure 14,000.00 Election Services To realloacte funds to for election services contract for the May 24, 2022 runoff election. To be reimbursed by the Secretary of State. blp: 'Datb: W24/2022 County Judge Ap oval Date' PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 05-31-2022 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 Exposition Center Clifton, Kellie Change of Status Approved in Commissioners' Court: 05-31-2022: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) V01 o _ p g _ -Qi Personnel Change of Status ( May 26, 2022 ) Commissioners' Court Date: 05-31-2022 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment Department Name Employee'Name. District Attorney - Administration Golden, Ryan Tax Assessor - Collector - Administration Knuth, Marlah Separations Department Name. Employee Name Sheriff Office - 3ali Administration Alejandre, Isaiah Exposition Center -Administration Bowen, Haley Sail Medical Services Love, Deborah Fleet Shop - light Equipment Martinez, Gonzalo District Attorney - Administration Renson, Abraham, Approved in Commissioners' Court: 05-31-2 2 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes)