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Home My WebLink About2023/08/29 REGULAR SESSION 10:00 AM2Q23 ITG 25 P 1 16 BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 29, 2023 AT 10:00 AM IN 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 FACE BOOK.COWBRAZOSCOUNTYTX 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Watson 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 - 25 3. Approval of the following reappointments to the Brazos County Child Welfare Board. Term of appointment is August 31, 2023 -August 31, 2026. • a. Gail Bradbury • b. Suzanne Phelps 4. Approval of Extension of Declaration of Disaster due to severe drought conditions. 5. Approval of the Chapter 381 Economic Development Agreement with EVAPCO, I nc. 6. Approval of the Community Supervision and Corrections Department I nterlocal Cooperation Contract for Fiscal Year 2024. 7. Approval requested from the Sheriff's Office to participate with the cities of Bryan and College Station in the 2023 Byrne Justice Assistance Grant (JAG) Program Award. 8. Request authorization to wire transfer up to $6,759,522.41 to HHSC for the Uncompensated Care Program Demonstration Year 12 - Final Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. 9. Approval of Amendment #3 to Contract #21-141 R Medical and Health Services with Joel Richards, DO "AKA" Doc Healthcare, PA, to increase the provider's annual fee. 10. Approval of Amendment #1 to raise daily rates from $203.02 to $271.21 for Contract #22-164 for Residential Treatment Services with Rockdale Youth Academy. 11. Approval of Change Order to C I P #22-515 Courthouse Security Enhancements for additional funds in the amount of $1,500.00 to be used for labor associated with the interior storefront. 12. Approval of Contract #23-159 for Secure Short -Term Detention of Juvenile Offenders with Gonzales County. 13. Approval of Contract #23-160 for Secure Short -Term Detention of Juvenile Offenders with Colorado County. 14. Approval of Contract #23-161 for Short -Term Detention of Juvenile Offenders with Lavaca County. 15. Approval of Contract #23-162R for Residential Services with Rite of Passage, Inc. 16. Approval of CI P #23-609 for 361 st District Courtroom Finish Out Proposal with Burditt Consultants, LLC. 17. Award of Bid #24-012 Grit Trap Pumping. Recommended Award: G&L Wastewater Services, LLC. 18. Consider and take action on the Wickson Creek SUD utility permit to conduct an 80' road bore for a 1-inch water line crossing under Old Reliance Road located 335' NE of Merka Road. Site is located in Precinct 2. 19. Consider and take action on the Wildfire Energy Operating, LLC utility permit to lay a 12" temporary water line a distance of 2,200 feet along the right of way of Macey Road between Tabor Road and Old Bundick Road. Site is located in Precinct 2. 20. Tax Refund Applications for the following: Overpayments • a. 601 S Texas Ave LTD - $630.00 • b. Holly Jean Priest - $13.00 21. Budget Amendments. • FY 22/23 Budget Amendments 45.01 - 45.06 22. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 23. Payment of Claims. 24. Convene into Executive Session pursuant to Texas Government Code §551.087 for deliberation regarding economic development negotiations. 25. Consider and possible action of Executive Session. 26. Acknowledgement of monthly reports submitted in August 2023. 27. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of August 23, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of August 23, 2023. 28. Juvenile director's report on detention population. 29. Sheriff's report on inmate population. 30. Announcement of interest items and possible future agenda topics. 31. Call for Citizen input and/or concerns 32. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOSCOUNTYTX 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. The foregoing minutes of the Commissioners Court Meeting held August 29, 2023, have been examined and are approved in open Court this 5th County, Texas. J Duane Peters County Judge Chuck Konderla Commissioner, Precinct 2 Wanda J. Watson Commissioner, Precinct 4 Attest: County Clerk ®� D` r " " day of September 2023, in Bryan, Brazos Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 MINUTES AUGUST 29, 2023 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, August 29, 2023 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, 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 Watson 2. Call for Citizen input and/or concerns There was no Citizen input. Consider and take action on agenda items: 3 - 25 3. Approval of the following reappointments to the Brazos County Child Welfare Board. Term of appointment is August 31, 2023 -August 31, 2026. • a. Gail Bradbury • b. Suzanne Phelps Commissioner Konderla thanked those who serve on the Brazos County Child Welfare Board. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 4. Approval of Extension of Declaration of Disaster due to severe drought conditions. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 5. Approval of the Chapter 381. Economic Development Agreement with EVAPCO, Inc. EVAPCO General Manager David Mason thanked the County and Economic Development Corporation for the support as they expand their business into Brazos County. Mr. Mason shared about the global refrigeration company that has 30 facilities across the world. Judge Peters commented on the job opportunities that EVAPCO will bring to Brazos County. Tom Dubel, a consultant with Altus Group stated that it was a pleasure working with Brazos County on this project and he hopes to be back with future investments. Chuck Martinez with the Economic Development Center stated that he is excited about the opportunity this project bring to Brazos County, in remaining a leading location for enabling the United States cold chain industry. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6. Approval of the Community Supervision and Corrections Department Interlocal Cooperation Contract for Fiscal Year 2024. A copy of the I nterlocal Agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 7. Approval requested from the Sheriff's Office to participate with the cities of Bryan and College Station in the 2023 Byrne Justice Assistance Grant (JAG) Program Award. A copy of the I nterlocal Agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 8. Request authorization to wire transfer up to $6,759,522.41 to HHSC for the Uncompensated Care Program Demonstration Year 12 - Final Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 9. Approval of Amendment #3 to Contract #21-141 R Medical and Health Services with Joel Richards, DO "AKA" Doc Healthcare, PA, to increase the provider's annual fee. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 10. Approval of Amendment #1 to raise daily rates from $203.02 to $271.21 for Contract #22-164 for Residential Treatment Services with Rockdale Youth Academy. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of Change Order to CI P #22-515 Courthouse Security Enhancements for additional funds in the amount of $1,500.00 to be used for labor associated with the interior storefront. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 12. Approval of Contract #23-159 for Secure Short -Term Detention of Juvenile Offenders with Gonzales County. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 13. Approval of Contract #23-160 for Secure Short -Term Detention of Juvenile Offenders with Colorado County. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 14. Approval of Contract #23-161 for Short -Term Detention of Juvenile Offenders with Lavaca County. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 15. Approval of Contract #23-162R for Residential Services with Rite of Passage, Inc. A copy of the renewed contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 16. Approval of CI P #23-609 for 361 st District Courtroom Finish Out Proposal with Burditt Consultants, LLC. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 17. Award of Bid #24-012 Grit Trap Pumping. Recommended Award: G&L Wastewater Services, LLC. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid #24-012 Grit Trap Pumping to G&L Wastewater Services, LLC. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 18. Consider and take action on the Wickson Creek SUD utility permit to conduct an 80' road bore for a 1-inch water line crossing under Old Reliance Road located 335' NE of Merka Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Bevy, Konderla, Peters, Watson. 19. Consider and take action on the Wildfire Energy Operating, LLC utility permit to lay a 12" temporary water line a distance of 2,200 feet along the right of way of Macey Road between Tabor Road and Old Bundick Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 20. Tax Refund Applications for the following: Overpayments • a. 601 S Texas Ave LTD - $630.00 • b. Holly Jean Priest - $13.00 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 21. Budget Amendments. • FY 22/23 Budget Amendments 45.01 - 45.06 45.01 Reallocate Certificate of Obligation funds. 45.02 To recognize a donation to Human Resources. 45.03 Transfer of funds from Capital to the Sheriff's Office, Constable Precinct 2 and Constable Precinct 4. 45.04 To recognize revenue from TJJD Supplement Salary Adjustment Grant. 45.05 Reallocate TJJD Grant Funds. 45.06 To recognize a donation to Sheriff's Office -Administration. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 22. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 23. Payment of Claims. Claims 8124245 - 8124387 9008334 - 9008372 Motion: Approve, Moved by Commissioner Nancy Bent', Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 24. Convene into Executive Session pursuant to Texas Government Code §551.087 for deliberation regarding economic development negotiations. At this point, the County Judge announced the Court would consider items 26 through 31 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:21 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.087 as stated above. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Katie Conner, Auditor Kimberly Roach, Intergovernmental Liaison Susan Davenport, Economic Development Corporation Chuck Martinez, Economic Development Corporation 25. Consider and possible action of Executive Session. At 11:12 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 26. Acknowledgement of monthly reports submitted in August 2023. The Court acknowledged receipt of the Extension Service reports submitted in August 2023 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 27. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of August 23, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of August 23, 2023. The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of August 23, 2023. 28. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 32 juveniles in the detention center, 26 are male and 6 are female, and 20 have electronic monitors. 29. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 714 inmates in jail, 614 inmates are male, 100 are female and 49 have electronic monitors. 30. Announcement of interest items and possible future agenda topics. Commissioner Konderla praised Road and Bridge staff members for efficiently handling a road issue in Precinct 2. He also asked for prayers for the Wixon Valley Mayor Jim Soefje after a recent surgery. 31. Call for Citizen input and/or concerns There was no Citizen input. 32. Adjourn. Pg I of 3 BRAZOS COUNTY COMMISSIONER'S COURT gff"**'-DAY OF o&�— , 20 a3 I D, c)c —AM/pM.qu Le�j Name (PLEASE PRINT) / �J ✓�► �w✓e1 AvUPI g so�1 P k VQm , C [wu C wlux n i 7:51S"C L,0g0Lfr s0 A of e Organization (PLEASE PRINT) Co 6V r-OC, C' <-fc- El e Pg �, of BRAZOS COUNTY COMMISSIONER'S COURT 'DAY OF c�o oD CAT Name (PLEASE PRINT)) A �� YrA -Fa 91M 20 ;2-.3 M, V 11200l�— Organization (PLEASE PRINT) 66 If 6c�, i 6TO �csv C-ss 09- M Pg of BRAZOS COUNTY COMMISSIONER'S COURT ��DAY OF 0=v0 Name (PLEASE PRINT) e> CM�i 6V\ Urll �- ( \Ace's, 5 s a. (� V S 1401 A V-5',0atJetJ LA Ua� 20 e93 Organization (PLEASE PRINT) --7 C a • jLc>&- f- L-l7 • � U.D G�� AB c-�-- BRoAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Gail Bradbury to the Brazos County Child Welfare Board The term of this appointment is August 31, 2023 through August 31, 2026. Duane Peters Date County Judge BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Suzanne Phelps to the Brazos County Child Welfare Board The term of this appointment is August 31, 2023 through August 31, 2026. l r Duane Peters Date County Judge BRAZOS COUNTY BRYAN, TEXAS EXTENSION OF DECLARATION OF DISASTER WHEREAS, on the 231 day of August 2023, the County Judge issued a proclamation declaring a state of disaster for Brazos County resulting from severe drought conditions; and WHEREAS, the County Judge and Commissioners Court of Brazos County have determined that the conditions necessitating a declaration of a state of disaster continue to exist and are likely to continue to impact the County for quite some time; and WHEREAS, Section 418.108(b) of the Texas Government Code provides that a local state of disaster may not be continued for a period in excess of seven days without the consent of the governing body of the County; NOW, THEREFORE, BE IT DECLARED AND ORDERED BY THE COMMISSIONERS COURT OF THE COUNTY OF BRAZOS: That the local state of disaster proclaimed for Brazos County by County Judge Duane Peters shall continue for a period of sixty (60) days from the date of this Order and expire on October 29, 2023, unless or until terminated or extended by order of the Commissioners Court of Brazos County. This declaration shall take effect immediately from and after its issuance. DECLARED and ORDERED this �29` 7ofus 023. Duane Peters County Judge Steve Aldrich Chuck Konderla County Commissioner, Precinct 1 Nancy Berry County Commissioner, Precinct 3 ATTEST: Karen McQueen, County Clerk County Commissioner, Precinct 2 Wanda J. Wats County Commissioner, Precinct 4 DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT. BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name EVAPCO Signed 381 8.24.23.pdf BRAZOS COUNTY BRYAN, TEXAS NUMBER: 8/29/2023 Approval of the Chapter 381 Economic Development Agreement with EVAPCO, Inc. Commissioners Court 08/18/2023 False False $0.00 Description Tv�oe EVAPco -Chapter 381 Economic Development Agreement Backup Material APP C1 Duane Peters Date County Judge STATE OF TEXAS § COUNTY OF BRAZOS § EVAPCO, INC. CHAPTER 381 ECONOMIC DEVELOPMENT AGREEMENT WITH THE BRAZOS COtIN,ry, TEXAS This Chapter 381 Agreement ("Agreement") is entered into on this the Z day of 2us It— , 2023 by and between BRAZOS COUNTY, TEXAS, ("County") a political subdivision organized under the laws of Texas, acting herein by and through its duly elected Commissioners Court, and EVAPCO, INC., ("Company") a corporation created and operating under the laws of the State of Maryland; collectively referred to as "PARTIES." WHEREAS, the Texas Constitution prohibits any County, or other political subdivision, from lending its credit or granting public money to any individual, association, or corporation whatsoever wItliuut a YalId public plu patio Nt doing, so; and WHFRFAS, the Texas Constitution Specifically states that economic development programs created pursuant to Chapter 381 of the Texas Local Government Code serve the public purpose of alleviating poverty, joblessness, economic blight, and provide other intangible benefits incidental to the development of the local economy; and WHEREAS, Company is a market leader in industrial refrigeration. Company is looking to expand its manufacturing operations in the USA near an existing operations site. The Company anticipates being operational within 1 year to 18 months; and WHEREAS, Company desires to construct a new facility in Brazos County that will acid tipwaids of Nine Million Dollars ($9,000,000) in taxable value on the property, including both improvements to the real property as well as taxable personal property, and approximately ninety (90) New Full-time Employment Positions at an average annual salary of at least Sixty -Five Thousand Dollars ($65,000) for total wages of at least, Five Million Eight Hundred and Fifty Thousand Dollars ($5,850,000); and WHEREAS, the County strongly desires this employer to expand its facilities in Brazos County, increase the tax base, and generate the New F I'L Positions that would come wlth Project Thoroughbred, and is therefore willing to provide a Chapter 381 Agreement that will ease the costs associated with the project and offset the purchase price of a portion of the property; and WHEREAS, the Commissioners Court determines that it i4 in the hest interest of the community to offer the incentives set forth herein in exchange for the economic development benchmarks set forth herein, and that the overall benefits of this project outweigh the costs associated with it; and NOW, THEREFORE IT IS AGREED DY TIIE PARTIES AS FOLLOWS I. GENERAL TERMS e nitfons. As used herein, the terms listed below shall be defined as follows. a. Base Year Taxable Value — the taxable value for the property for the year in which this Agreement is executed. The Parties agree that this value is One Hundred and Forty -Seven Thousand Five Hundred and Thirty -Two Dollars ($147,532). Page I of 10 b. BCAD —the Brazos Central Appraisal District c. Coutity — Brazos County, Texas, a political subdivision organized under the laws of Texas. d. Company — EVAPCO, Inc. acting by and through its Senior Vice President and Chief hinatlejul Uflicot, JcMcy W. Fitielt. c. Development Codes the Building Cade, MCbliiltiiCal COdO, Nlutubiul; (:udo, and National Electric Code, as adopted by the City of Bryan and as may be later amended. The term also applies to the City's Subdivision Ordinance, Chapter 110 of the Bryan Code of Ordinances. f. Dry -in — the stage of construction of a building where the building's shell has been completed, which is further defined as the completion of the roof, walls, windows, and doors in a manner sufficient to protect the interior of the structure from exposure to the elements (rain, wind, etc.). g Fffective Date the date above. written, which Rhall be after all parties have aignod, and dated the date the last party signs. h. Facility — a new manufacturing facility containing approximately 50,000 sf space to be constructed. !. Incremental Taxable Value — means the taxable value for the property as of January 1st of a given year loss the Base Taxable Value. j. New Full-time Fmmployment Position or New FTF Position — means, an employment position for a thirty-five (35) hour work week at the Facility. k. Property -- the real property situated in Brazos County, 'Texas at Crosswinds Drive, Bryan, Texas and more particularly described in Exhibit A. 1. Salary — means fixed compensation paid regularly to Full -Time Employees that excludes and is separate and apart from: overtime, bonuses, retirement plans, employer paid benefits or other fringe benefits. 2. Twin. This teiin of this Agicceineiit shall be ftum the Mfective. Date. tluuugh Deceanbe:t 11, 7011, unless earlier terminated as provided herein. II. 'COMPANY'S OBLIGATIONS !. Company agrees to begin construction on a Facility within twelve (12) months of the Effective Date. This shall be evidenced by obtaining permits required by the City of Bryan Development Codes for the construction of the Facility. 2. Company agrees to comply with the requirements of the Development Codes throughout the construction of the Facility. This includes but is not limited to, obtaining a re- plat of the Property as necessary, as well as all necessary permits, prior to beginning construction, as well as complying with the standards for construction set forth in the Development Codes. 3. Company shall complete the Dry -in for the Facility within twenty-four (24) months of the Effective Date. Within thirty (30) months of the Effective Date, Company shall get a certificate of occupancy for the Facility. If the construction of the Facility is done in phases, Company must have completed all phases. Page 2 of 10 a. In the event of weather delays that slow completion of the Dry -in, the Company may request an extension of these deadlines. Company shall make the request within a reasonable time, but not more than ninety (90) days, after the weather delay, or any claim for an extension related to same is waived. Company shall make the request in writing and shall provide documentation of the weather event(s) in question, a reasonable explanation for the delay, and the amount of time for the delay/extension. b If the Commimionem Court approves the request, which approval xllttil not lu: unreasonably withheld, the deadlines shall each be extended, as reasonably necessary. c. There is a rebuttable presumption that, after Dry -in has been completed, further weather delays are not reasonable. 4. The Company agrees that by December 31, 2026, the combined taxable appraised value of the improvements on the real property (excluding the $147,532 base value of the real property) as well as the business personal property shall be $9,000,000.00 or higher. 5. The Company agrees that by December 31, 2026, It will have ninety (90) New FTE Posltlons filled with an average salary of at least $65,000 annually on the payroll with total wages of at least $5,850,000. Prior to the expiration of the term of this Agreement, Company shall provide the County with documentation verifying the positions filled and the wages paid for same. III. COUNTY'S OBLIGATIONS 1. Subject to the Company's compliance with the terms and conditions of this Agreement, County agrees to pay to Company annually, not later than October 3 Ist of each year, an amount equal to "fifty percent (50016) of Maintenance and Operations Rate portion of the Real Property Taxes collected and attributable to the Incremental Taxable Value of the Property for the preceding tax year. These paymentN will (taininate. five (5) yeats aAri the iltitial payinent. Tile initial payincut is anticipated to occur in October 2026 for the 2025 assessment and taxes paid unless an extension was granted as outlined in section 113 of this agreement. 2. In no event will the Chapter 381 Payment paid in connection with a tax year exceed fifty percent (500/0) of the, M(lilltOW11100 (llid Otio atiou`i liorticia (if ad valorem taxes actually collected by the County from the Property. 3. In no event shall the Chapter 381 Payments exceed five (5) total payments. 4. The County's obligation to make the Chapter 381 Payment(s) hereunder is subject to annual appropriation by the Brazos County C'ommNsioners Court, which the County agrees to use best efforts to appropriate such funds annually during the Term of this Agreement. Under no circumstances shall County's obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. 5. During the term of this Agreement, Company shall be subject to all taxation, including but not limited to, sales tax and ad valorem taxation provided, this Agreement does not prohibit Company from claiming any exemptions from tax provided by applicable law. 6. The County's obligation to make the Chapter 381 Payment(s) hereunder is subject to Company's filing of a Payment Request on or before May 111 of each calendar year, requesting payment for the previous year's taxes. The request shall be made on the form attached.hereto as Exhibit "C", together with all supporting documentation. Page 3 of 10 7. The County shall make the payment on or before October 31` of the year of the payment request for taxes actually paid in the previous year. IV. DEFAULT & TERMINATION 1. Breach by Company. It is a breach of this Agreement if the Company during the term of this agreement, a. fails to comply with the Development Codes, provided that Company has the right to cure such failure within thirty (30) days of receiving notice of same from the County; or if a longer period of time is necessary to cure such breach, Company has a reasonable amount of time agreed to in writing by the County, which shall not be longer than ninety (90) days from notice of such breach; b. allows the Maintenance and Operations portion of ad valorem property taxes (either real property or personal property accounts) on the Property and any other property owned by Company lit the County to beuoine delluqunut, Ntoalded that It Is uudetstoud that a tnx is not delinquent if it is the subject oran ou-going appeal utt(ler Tax Cade Chapter 42); c. fails to reach the $9,000,000.00 valuation, per BCAD, for the Property and the personal property accounts at that location; or d. fails to trtaitttaitt ninety (90) full time positions by December 31, 2026 and continually all years thereafter while this agreement is in full force and effect, at the pay rate required by Section II (5) of this Agreement. 2. Default, If a breach is not cured as provided in Section l(a), or if the breach is described by section 1(b)-(d) and cauttot be cured, the County may declare [tie Company in default. Ist the event of a default, the County is entitled to terminate the Agreement, and may seek any other remedies available at law or in equity. V. REPORTING AND AUDITING 1. Compliancy Gortifiotion. Company shall, before May 1st of each calendar year that the Agreement is In effect, certify ill writing to County that it is in compliance with each term of the Agreement, using the Certificate of Compliance foim attached heieto as Exhibit "B". The submission of these teputts shall be the responsibility of Company and shall be signed by a representative of the Company. Current year paid tax receipts shall be attached to the form as an Exhibit. 2. FTE Compliance, Company shall before May I" of each calendar year deliver to the COUNTY Y documentation, including, but not limited to, Texas Workforce Commission quarterly reports; demonstrating that the Company met the employment FTE requirements stated in this agreement for the relevant tax year. 3. Access Io Rgcords / Right to Audit. Company shall allow County reasonable access, during normal business hours, to examine its records and books and all other relevant records related to the Company's compliance with the performance requirements of this Agreement. VL MISCELLANEOUS 1. Texas Government Code Chapter 2264. In accordance with Chapter 2264 of the Texas Government Code, Company agrees not to employ any person who is not lawfully admitted for permanent Page 4 of 10 residence to the United States or who is not authorized under law to be employed in the United States ("Undoctanenled Worker'). During the term of this Agreement, Company shall notify County of any complaint brought against Company alleging that Company has employed Undocumented Workers. If Company is convicted of a violation under 8 U.S.C. Section 1324a(f), the total amount of economic development grants it has received pursuant to this Agreement, together with interest at the rate of five percent (5%) per annum fiom the date of each payment of all economic development grant, shall be repaid by Company to the County not later than the 120th day after the date the County notifies Company of the violation. Company shall not be liable for a violation of Chapter 2264 by a subsidiary, affiliate, or franchisee, or by a person with whom Company contracts. 2. Foreign Business Engagements. Company represents and warrants, for purposes of Subchapter F of Chapter 2252 of the Texas Government Code, that at the time of execution and delivery of this Agreement neither the Company, nor any wholly -owned subsidiary, majority -owned subsidiary, parent company, or affiliate of the Company, (1) engages in business with Iran, Sudan or any foreign terrorist organization as described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is an Owner listed by the Texas Comptroller under Sections $06 U51, 807 051 or ??5? 151 of the Texas Government Code The term "foreign terrorist organlzation" as tised in thl-s olau.w lia,'i rho UKiiti1111g aS51911MI to stit+ll 101111 ill Section 2252.151 of the Texas Government Code. 3. HB 1295 Compliance. Section 2252.908 of the Texas Government Code requires that for certain types of contracts, Company must fill out a conflict -of -interest form ("Disclosure of Interested Parties") at the time you submit your signed contract to the County. Company bears the responsibility of determining if this Agreement requires such a form and to comply. 4. Successors and Assigiis. This Agieeirient sliall be biilding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Company shall not assign this Agreement without the written approval of the Commissioners Court. An assignment to a subsidiary or affiliate company of Company shall not be prohibited under the section. 5. Severability. If any term of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such term shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining terms of this Agreement shall not be affected thereby, and in lieu of such deleted terms, there shall he added as part of this Agreement a term that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted term. 6. Texas law to apn1. This Agreement shall be construed under and in accordance with the laws of the State of 'Texas and the obligations of the parties created hereunder are performable by the parties in'Brazos County, Texas Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Toxas. 7. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement and supersedes any prior understandings or written or oral agreements between the parties. 8. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. Page 5 of 10 9. Rights and Remedies Cumulative, The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 10. No Waivei. Failure of any pasty, at a►ly time, to enforce a piovision of this Agieeineut, shall in no way constitute a waive( or that wovision, not In anyway arroat rho validity or thili Agiomilmit, any part hereof. or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived, or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Fuithennole, any consent to of waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 11. Notices. Any notices required to be provided pursuant to this Agreement are deemed provided upon personal delivery or within three (3) days after being sent via U.S. Certified Mail, Return Recelpt Requested to the addres,es provided herein Count), and Company horobv dosignato the following individuals to receive any notices required to be submitted pursuant to the terms of this Agreement: COUNTY COMPANY Brazos County, Texas EVAPCO, Inc. Attn: County Judge Attn: Senior Vice President & CFO, Jeffrey Finch 200 S. Texas Ave., Ste. 332 5151 Allendale Lane Bryan, Texas 77803 Taneytown, MD 21787 12. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement 13. Incorporation of Exhibits. The exhibits attached hereto are included as if fully set forth herein for all purposes. 14. Headings. The paragraph headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the paragraphs. 15. Duplicate Originals. The parties may execute this Agreement in duplicate originals, each of equal dignity. If the parties sign this Agreement on different dates, the Iaer date shall be the effective date of this Agreement for all purposes. 16. Gender and Number. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and vice versa, unless the context requires otherwise Page 6 of 10 Executed to be effective this 2-LANay of LPN; a Sf�— 92023. ATTEST: C Karc `McQueen, County Clerk EVAPCO, INC. I Al ` 'cy inch, Senior Vice President/CFO BRAZOS COU Y, TEX Duane eters, County Judge Page 7 of 10 X BIT "A" LEGAL DESCRIPTION OF PROPERTY 9.15 Acres located on Crosswind Drive and being part of the 24.349 Acres out of CAD #126 37. Page 8 of 10 EXHIBIT "B" Certificate of Compliance Reporting Year I, , the authorized representative of EVAPCO, Inc., hereby certify that EVAPCO, Inc. has complied fully with the Chapter 381 Economic Development Program Agreement during the reporting year and have met or exceeded the required $9,000,000 in improvements as determined by the Brazos County Central Appraisal District and have also met or exceeded 90 FulI time employees oonsistcntly through the subject tax year, with total wages of at least $5,850,000. Current year paid tax receipts, assessment and Texas Workforce Commission Documents ate attached hexetu as Exhibit "1". Signature: Printed Name: Title: Date: Received By: County Auditor Brazos County, Texas Date: Page 9 of 10 EXHIBIT «C" Brazos County, Texas Payment Request Form 381 Economic Development Agreement The following payment request is conRistent with the Foonomic Development 181 Agreement between Brazos County, Texas and EVAPCO, trio., signed and approved by the Brxms County Commissioners Court on Make Payment to: EVAPCO, Inc. Payment #: of 5. 1. Total amount of the Operations and Maintenance portion of the Ad Valorem Tax Revenues collected by the County through May 11, less the Incremental Taxable Value $ 2. Abatement agreement % per contract: 50'/o 3. Multiply Line 1 by Line 2. Amount due from Brazos County, Texas. Affirm that the amount above was paid in full and on time to the Brazos County Tax Office. Name Title Date Received By: County Auditor Brazos County, Texas Date: F Page 10 of 10 i INTERLOCAL COOPERATION CONTRACT CONTRACTING PARTIES and AUTHORITY The Brazos County Community Supervision and Corrections Department (CSCD) and Brazos County (County) enter into this Interlocal Cooperation Contract (Contract) under the authority of the Texas Government Code Chapter 791 (the Interlocal Cooperation Act). County certifies that it has the authority to contract for the services agreed upon as granted in Texas Local Government Code Chapter 262 (County Purchasing Act). CSCD certifies that it has authority to perform the services contracted for by authority granted in Texas Government Code Chapter 76.008. 2. BACKGROUND and PURPOSE Due to reduced funding from the State of Texas for Specialty Courts, the County agrees to supplement the Specialty Court budget to fund Community Supervision Officers (CSO). The additional funding is supported by the benefits of continuing the Specialty Court Program which include, but are not limited to, enhanced public safety, reduced recidivism rates, reduced incarcerations, and increased productivity of Specialty Court participants. CSCD provides supervision officers to the Brazos County Specialty Court. 3. STATEMENT OF SERVICES TO BE PERFORMED CSCD will perform the following services. A. The CSCD will provide two supervision officers to the Brazos County Specialty Court (BCSC). The CSOs assigned to this program shall be approved by the presiding judge of the Specialty Court program. B. CSCD shall be solely responsible for the employment and management of the CSOs. The County will have no input into CSCD decisions with regard to management or work of CSCD personnel, although the work of the CSCD personnel assigned shall be exclusively SgecialIX Court Program duties. C. The assigned CSOs shall remain the employee of the CSCD and shall be eligible for all state benefits, incentives, merit increases, and promotions afforded to other CSCD officers and employees. D. The assigned CSO's salary shall be paid through the BCSC department budget and the CSOs will have caseloads that consist solely (100%) of Specialty Court participants and/or Specialty Court graduates. 4. CONTRACT AMOUNT and BASIS FOR CALCULATING COSTS The amount of this funding contract will not exceed One Hundred and Seventy-five Thousand Dollars and No Cents ($175,000.00). At the time of this contract the estimated amount of fiinding is One Hundred and Seventy-three Thousand Nine Hundred Ninety-seven Dollars and No Cents ($173,997.00). This amount is intended to cover the salary and benefit costs of the two CSCD Officers assigned to the Brazos County Specialty Court. The Contract funds will be paid through the BCSC budget. 5. PAYMENT FOR SERVICES CSCD will submit quarterly invoices to the County. County will remit payment to CSCD approximately 30 calendar days after County's receipt of the invoice. County will only make quarterly payments for amounts actually paid to the CSCD employees assigned to the Specialty Court. 6. TERM OF CONTRACT and AMENDMENTS This Contract is effective on October 1, 2023. The Contract will terminate on September 30, 2024, or upon written request of either party with 30 calendar days' written notice whichever occurs earlier. This Contract may only be amended or extended by mutual written agreement of the parties. 7. NOTICE Notice given under the terms of this contract shall be sent to the following: Brazos County Community Supervision and Corrections Department Jennifer Goerig, CSCD Director 321 E. 26'h Street, Suite 300 Bryan, Texas 77803 Email: igo� erig_nbrazoscountytx.Sov. Phone: 979-361-4429 Brazos County Duane Peters, County Judge 200 S. Texas Avenue, Suite 332, Bryan, TX 77803 Email: dpeters brazoscountytx. oo Phone: 979-361-4101 Either party may change its information in this section by giving the other party written notice and the date upon which the change will become effective. & CERTIFICATIONS The Parties certify that (1) the Contract is authorized by the governing body of each party; (2) the purpose, terms, rights, and duties of the Parties are stated within the Contract; and (3) each party will make payments for the performance of governmental functions or services from current revenues available to the paying party - The undersigned signatories have full authority to enter into this Contract on behalf of the respective Parties. BRAZOSC0 Duane Peters County Judge '81�� fa�a3 Date ATTEST: wren McQueen County Clerk a1aq IaOa3 Date CSCD Jennifer Goerig CSCD Director 08-17-2023 Date m I m�,, �.,: - � ... ....... 7 R-AZ 8 - C004TY OFFICE- OF THE* SHERIFF :. .. WDA. NE I -*b xy, SliERIFF P fGHWAY.21 - WL. MIN9Z -ciF.EiiFoRcEmEkt,::.,'1700..WEtT.ST-Attc.. AkT Xiiw Dikiwy :'PRY�.TEXA.,§.7.7803=--1300'-:*- -c . . ...... ... . . . .... .... ... .. ..... .... ...... . .... . . ........ '1023" ... .. . . ....... ..... . ... .. % • .... . . . .. ... ... J, Z: The fidddMbI6 Jud .. ie"'Dim fie''Peters g .. ........... .... TheIJ66dia.616.0 (oher n . . . ...... v ............ The*Hdfiora6le (%iftWidfier lvancy Berry; .. . ... .. .... Mhda7Witson::*':'*, --.!hi,8o664bli.Commissioner.. -Re: Request -for nt in sup' rt of thd -2023,qro�JAq Budggt SuibrfiNsidn'Hear-"' g':- in p6.e4lial of the Inter P PO . .. .. .. .......... . . .. . ......... .... .. .. . ........... .. r" mi eiiit 6�f krt3M!6s..Co t. WIDESCIOPTIOMApproval fdrthiflyt u.n . y, City egp g" St sticeA: R Gri 'Vrogralgi, ... %:% Atfidnim"s'up rtbf.tbe 2023 Bily#e�y s nce Grant -SUMMARY STATEMENT: This is a share of the fdithtlitMdtiesofBryi6'i�dColle'geSiationvA]i-recewe th roui6thie . ... .... ... "rit. with us since and in the wi.h0d'used the Moffles �ZQ4 6;Vme JAG.Program:Ui eltlei have shaiid this' gr-a a *--':to . purchase and 6: ikradelaw. enfbkemeht eqifojpLrt uti lied ythe Sh6rt -Office .' :* • • • I request .. . Commiss onefs CouappovWohf4Age idrocal reen. .. .. ..... . .......... .. .. ... . .. . ... . . . . ... .... . .... * , . .. . :111".%:... :...% . ....... .... .. .... ......... . . . . . . .... . .... ... . ... ... . ..... re ..... ... .. .. Pleagifittmi "if is fdhhdr*w� e kr!dW- Ahere (M ..... .. ... quire. . . ......... . .... .. . .. . ... ........ ........ .... . ..... . ... :.'Chief 06putt' zos Coun StidafFi0fti,;: 7'." V .. .... .......... . ... .. ... .. .. .... . . ...... .. ..... . ... .......... ..(09)36 W INTEI OCAL;AGREEMENT BETWEEN BRAZOS COUNTY; THE CITY 0 COLLEGE..'.:. V. STATION, AND THE CITY•OFBRYAN FOR THE.2023 OVI NIR JUSTICE ASSISTANCE .::: • ..: = :_ ....• . .•GItANT:(JAG}:PROGRAM. AWARD ..::.:..:, : ' ::. •.. ' .° :' Phis: A eat is inade eM:'e:ritered 'intti". and between Brazos :Coon Texas'°(liereinaftgi :. :.. . :referred to as.'the- Couri " }, actin :: rou ;rts ;Commissioners• .Coo t A .-P o ' ' o.. e:::Station :... .._(hereinafter:ref' . to.as "College Station".),:a Texas`Home Rule Municipal Co=poiation;'act ng:th;oiigh::..::. .. its•City:Corincil; and .the City.bf Bryan, Texas.(herefnafter-referied.fi as "Bryan"), a Texas::Hgriie Rule =Munici a! Co, oration, acts throe its Cr Council. - • °° :.. P. rP. .. & :: �iy ::.. • - .... - --- . :.:• .WHEREAS; the.Caunty, College .Station; and. Bryan.subinst aloifit applicationfor- nt - :. „ • , _ :. ,-.. • funds under:iho_iJ.S: Department of Justice's 2023 Edward Byrne NSemon Justice Assistance- .. . " ,BVHEREAS, as:a condition'precedent.to'ieceiving a JAGyvard; the Countjr; College StaEion;,and: :.. ::-':: = :::• ::::= n,lolmdetgaB rgng oneeeeg applicantfstwgtfosthejonfunds,aid Jo�nt:app scant to serve•as•t e:- - : '' WI(ERE AS, College Station,vvill serve as the applieantff scal.ageril; and ........ .. :. WHEREAS; . Ch ter 791 .jd:ahe -Texas:.Goyernment _'.Code;_ also :known as 'tlie:;.Interlooal ;::..`..'. Cooperation. Act,.:alAbrizes;:ill local' govemments'to:contract with :each'otiiei;:to.perforiri:goverriiuerital::. : :...:. , :.. _ .. . functions or servrc�s;•and::.;°€' ._. :. :•:. ...... . "' ' ' • ' : WHEREAS, the garties:represent that eacb. s, indeperide tlji :authorized to perfonii ttie fiinctioris' :: • or services conferiiplated by this ,4gree rierit; arici "::: . :::.. HEREAS, each overning body,.; itt :rformin governmental furictious or: za :gayirig for the : g .. :.perfotma ce:ofgovernmental functrotis liereunder,_shali inalce:that peiforrimance.or thowpayments.from.':.. -, . . current:revenues le :available to iha#= _ l'tY PYi'. . ...: :... • ... = :WIIERIlAS; each:goyernm finds::that-the perfoiTriance of this'.Agreement`:s: p :the _b..est": = ::.,.•:, ,.:..:... g°may.:. ° airterests of=all . artie's :•that:the uridertak"iri will::tienet xhe public; and :that`ttie.:diyision of:°costs°fairly :.::: .............. P... g. . .:... . ::.:.: • ........ .; �....::: . the:perforinirig party':for thg :service$ or,functrons undeq.. is Agreement, and ; ::. . ....... ....... .. . :. - .. ••:• _ WHEIIAS, College• Station :agrees to provide isle County'$7,886 -from .the_ JAG award:foc`the ;- purpose of?supporting local.,jnitiattves; :technical. 4ssistanc6.-';training,: personnel, : equiprnerit =supplies, :.:. •;,; eontractuai support, ;nformation tech.nplogy,:Research'andcvaluatiori activities that will improve°o'r enhance ' = - law cnforceinetit programs;: and K. :.: WHEREAS;.College Station agrees to proytde Bryan $27;35i frorii'tlie JAG awaid' forthe: . .::. :. . ;_ ::'.:.:'; bf sugpocting. local: snihatiyes; Eeehr►tca[::assistance,• trairiiri";'personnel ui merit;su : {les,: contractual::: - :. g ., 1 :P . Pp ..... ..........:.. '•• support;riforrnatton technology; research and evaluation actiYties::that'wilT im ove: oY eni�ance iavir; - 1n ' eriforceriieiit. r' `rariis==arid P g ' '' WHEREAS, CQIIe ` e • Station : sjiall use their $l7. 29 ; r k:-.t�he: JAG . awaid fore; 'b se of g P :. su ortin Iocal initiatives 'technical 'assistance trairiin lipli contractual :... PP .. g.: ca •:.: .:..: ; : • :....:.:. Personnel,' egisipiisent,' su es, =� � • - - - - � � --support, inforinatz~ori =technology, research: and • evaluations"activities .tFiat.Will' improve'°or ;enhance: Iaw:'=':•`• enforcement,ro s; and p. 1 2023 JAG•ILA-. • :. :: age 'P 10 WHEREAS, Bryan, College Station and the County believe it to 'be in their best'interest to ' reallocate the JAG funds.as described above, i THEREFORE; the:parties-hereto, in consideration of,the mutual covenants and conditions contained hei iti;'promise and'agree.as follows; _ -1. College Station agrees to pay.the Countya total of $7,886 ;of JAG hinds. 2. The Caur+.y agrees to use the $7,886 for the purpose .qf supporting local initiatives, technical assistance, training, personnel; equipment, supplies, contractual support information technology, research and evaluation activities.that will improve or enhance law enforcement programs, .3.. College Station agrees to pay Bryan p total df $27,361 of ,1AG'fuizda.• : 4. Bryan agtees to use the $27,361 for the purpose of supporting local initiatives, technical assistance; . training; personnel, equipment, supplies, contractual suppbrt,,iriformation •technology, research and evaluation' 'activities 'that will improve or enhance law enforcement programs. 5. College Station agreess to retain a total of $17,329 of the JAG funds. 6. College Station agrees.to use $17,329 for the purpose of supporting Ideal initiatives,'technical ' assistance, training, porsoitael; equipment,. supplies; contracttual support, information technology, research and evaluation activities that will improve or entiance.lnw inf6rcement-pr9grams. 7. The:°parties to this Agreement do not intend for any thirtl party to obtain aright by virtue of'this Agreement. 8. -By, entering into .this Agreement, .the parties do not intend to create. any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not.a signatory hereto. XV .9. N6.Oarty:shilfbave:the right to' direct or control the conduict.of the other parties witli:respecf to the' duties grid obligations of eacli party under the terms of this Agreemet. 10. Eaph:eniity'shah ensure that a1Tapplicable laws and ordinances have been satisfied. 11. Effective Date and Term. This Agreement shall be effective when sigtied by the last party who's . ' signidg makes the Agreementt fully executed and will renidin in fall force and effect unril September 30;.2026. 12. llndemnifieaf' ` n Subject to the limitations as to damages and .11i bility.under the Texas-Toin Claims ving its: 6abh 04ity to this And :. fi jtiiilgss each' otFteri Its governing board � `offlcersagent :azid ecrip dyes fornnny. li bi tty lbss� daMpges; claims or bauses,of i6tion�caused,;or asSerted'to be caused; directly or indirectly by any other party: to this Agreemq% . or any of its officers, `agents or •employee§ as a iesult of its performance under this Agreement. ' .. 13. Consent to Suit. Nothing -in th:is Agreement will be construed as a waiver or. relinquishment by.• any'party of•its right to. claim such exemptions, privileges and immunities as may be�provided by. ' law.. :2023 :TAt"r'.1�]:•A •Page 2 of 7 ; 14.'In' slid If any: provision of this Agreempfit'shill be held .to be invalid, illegal, or unenforceable ' :. '.... li a coiut or other trlbanal of coinPeteat jurisd'cction, the validity; legatit - iid enforceability: of the . r9emainirig provisions shall not in any . cted :.::•: ei : efforts to re lace.tlie OSOP.. eWtwe � rov sion o r ovisi' of l is Agr ema n .... ith�3egal € tlt .. s. .. P.. O..•: • . p•p . ,. terms and conditions' approxirng tig•the original intent of.tiie parties.: 15. Written Notice..:tJiiless othecivise specgngd; wr1tten:ngtice.shall be•,deeiried:to :have°risen duly :.. ::.:...... :.:.. served.ii~delive C, Inperson or.sent iiy ceitifieil ".mail to.tlie.liu§ins; s'ad¢ress:as listed fierein: . CITY OF BRYAIY: CITY —OF •COL-I49G S'i'ATIONI:: BItAZUS'COiJNTY: ' Ci •Nana er. •Coun Jud "e.:` :. Ci 'iVlaaager. ty . g . h!.. S tY.:. . - n ' B azos 'Ci f Colle9 a tat o C` �.of B an • .'Q 5 t .�. h'•�` ,.dJ'•. ..rY. tY... . g e P: ()'13bx 99 :20Q South' xas `Ave°` -Ste: 33 .. . #OO:South Texas Av".i~. 60.::• .., ... . Stat'io •• ": gr*' Texas 77803 College n Texas 7784f..13ryaii;:Tezas 77803 :•: , •.16, Entire A�jLdt. ' it is understood that this.Agreement-contains.tlie entire agreetneiit• between :. :. tire:' and:W 6rsedes an `ai d•all rior:a ieements arrao einents ;or. u dersta �Engs.-betwee'' : 'e the patties relatiaiig:`to'..t$a si l ct .matter. Nor :oral • uederstandi . :statements; ' promises;' :.: indacemerits coritrary►:to the terims of1his Agreeiiient Gist.;.'.Th 'A'greeitient'caenot lie ged :. tecminateci•oratly :;No verbal agreement or conveisationvi afi r officor Agent; o.... einPloyee of :. :,• :.- .. ,.• . ; ao�i.p rtybefore`ot atierthe:execut on of tiii's`Agreement shall affeec or inodifjr any'of the terms or der.? i.. :n '1 hereu �'cib lions .Sa. .......... 17. Aniendment.:Nd Ameridmeht to'this Akree�iient shall be effective and .binding. unless Al. until•it•� ; :. •:= d and :. s'reduced'to wrtng'and signed 6y dulj+'antiiorize representatives of all i 1' nd ' i dde' ` ed h' lire a" "s` of the fate :19. 3'eitasJLa*. ThisAgreemenf lies been made ander.a .it sl b� g rn •Y w S. of Texas: •:; .... i ;:: ' :.19. Place -of Perfor'r�iaace:: Perforttiance and. A144 ters.'rel&ted `thereto shall lie an $ra Counfy es of.A err e:. �Y!' � ed $ o• �o. `ter..info . and vvec .and °ittio ri to:. ei► Contracf:��:Each a '.'.has tile' full��'o '24. authority to •Entee� tY Aement and the _person sigiiing:this Agreement on behalf of each parfjifiiis been::`:.::: :• ,. ;:: • ; properly authorized and tmpo .icred `to ie00; into' this agreement ':The :arsons; execpt ng-this : °:.` .......... :.....:.. . V.::..,. ,.A"": ement iaeteb :re relent::#liir;:they .tiat?e auttiorizatiari: to sign' oti .behalf of'theirrespectiire,..;:? `.: 'cot �att s 2 1. Wa v' i•: ' ailiire` df any , at any times -fo:6force a 'p ovisioi of this"Agceetia shall in no :: vua :: ::::: _ • :- :..:y con ;w :pros on :'n ayway,offe th l�di t is:,g:" -tnent ari�r; ;:``:; - •. :. lute: a airier of that • isi � • nor � " a ct a va ` ty:9f h t'ee ..:ant hereof Qr :tl.: ' itEte arty.theteaft ver:pro ° :,::.`: o--. R .......... t ..P.. i'ii:he No of a er to etiforce`'each and.e vi "of.••�� •� to - of thtp i4 ' eeri}cnt`siiail [ie `iieeiried ;�rtaived' or breach .excused :uiiless:the .w eF:sliall. Win tm. 0.4. .. ::: ::.......... .•,.aiv............ .. ::.. writing ari i'signed:by the p$rty' claimed to:liaKe waived ° ui�thermorc; pa consen, toot `viiaiver`o . . ..; ::.::.; : •• ::.nth . ;a' i.eacf wilf :tiot'canstitute.ronsent to •or waiver'of or exaiise'any o 'er:d fferent.oc'siibsegueiir bit~aoli':' . ......... €� Agreement tread: The' aites:aeknowled 'e that the . have read;'undecstand and intend fo be'bound '. . .b 'the tormi'aed coiiditions'bfthis'Agreement.'.�. ::..: ......:::...... • � is €•��' ::i:�` . 20231�4MLA. °Page 3 of 7 ••21 Asst� This Agreement and the rights and obligatiotis:contained herein -may not be assigned . by.any.party without the prior written approval of the other`parttes to this Agreement: . . MiaW'ainels. It is understood and agreed that this Agreement maybe executed. ip a number of.deptical counterparts; each of which s6ali.be deemed an original for all purposes. .... • ... .. . 2023 JAO:ILA Pagv4 of'1 7: now, A. 1,2011 �lv �74 it Z YKA to. OWN I TINY VIA q qj, Od Z a so �i 011; SO SIQ .00 YET Zb- to ONT, 72: TV on vil�ji- > all 1 V ��Iqq j toy 7 Rom Ay z .0,107 -J sm As Of AS TV: Of NNy jyj�� V"j'""ejyj Q§� Qj AQ i 5- ;409000 "Ibs als art ny .00 :-Yt... (so 71119: Ti. VAR% "ISS TV!; ........ ... . .. ... .. ...... . EXECUTED this the day of2023 by CITY OF BRYAN. By: ATTEST: CITY APPROVED AS TO FORM: IlIzo City Attorney 2023 JAG ILA Page 5 of 7 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 8/29/2023 ITEM: Request authorization to wire transfer up to $6,759,522.41 to HHSC for the Uncompensated Care Program Demonstration Year 12 - Final Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. TO: Commissioners Court FROM: Nina Payne DATE: 08/24/2023 FISCAL IMPACT, False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Brazos County LPPF (Fund 16000) NOTES/EXCEPTIONS: Funds must beset up using TexNet system as required by HHSC. Last dayto submit IGT on TexNet is September 5, 2023, with settlement date of September 6, 2023. ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name Description Tale UC DY12 Final -_Brazos LPPF.pdf DY 12 UC Request Cover Memo Allocation for Agenda.pdf UC DY 12 Final Allocation Backup Material "P 0 �1a3 Duane rs 7 Date County Judge Brazos County LPPF DY12 UC/SDA Allocation Form Agenda Date: August 29, 2023 TexN t: Tuesday, September 5, 2023 Settlement Di e: Wednesday, September 6, 2023 Bucket: UC Hospital Must submit four (4) seQarate TexNet TRACE Number:The Trace Number is lri the receipt you receive from the Comptroller once you have submitted your IGT Into TexNet The Trace Sheet and Allocation Form must be submitted together In the same email. All Trace Sheet submissions must be accompanied by an Allocation Form. If a governmental entity is submitting in multiple SDA's, a cenarate allncatinn farm must he suhmitted for each SDA SDA • Facility TPI Government Entity IGT Total MRSA Central St. Joseph Health Center - Madison 020990001 Brazos LPPF 279 854.08 MRSA Central St. Joseph Health Center - Burleson 112725003 Brazos LPPF 223 108.44 MRSA Central St. Joseph Regional Health Center 127267603 Brazos LPPF 386 627.35 MRSA Central Scott & White Hospital - Brenham 135226205 Brazos LPPF 269 995.76 MRSA Central I St. Joseph Regional Health Center - Grimes 1 47918003 ldrazos LPPF 1 349 317.64 MRSA Central Scott & White Hospital - College Station 1 326725404 Brazos LPPF 90 242.84 MRSA Central Total 1,599,146.12 MRSA Northeast I Memorial Medical Center San Augustine 1 130734006 IBrazos LPPF 137 684.16 MRSA Northeast I Memorial Medical Center of East Texas 1 139172412 113razos LPPF 2,222 662.26 MRSA Northeast Total 2,360,346.41. Jefferson I Memorial Hospital Polk CountV 1 112697102 lBrazos LPPF 970 625.06 3e erson Total 970,625.06 Travis I Scott & White Hos ita -Marble Falls 1 353712799 Brazos LPPF 1,556,842.70 Travis I Baylor Scott & White Medical Centers - Pfiu erville 1 395486901 Brazos LPPF 42 240.59 Travis Baylor Scott & White Medical Centers - Austin 1 409204101 razos PPF 230 321.52 Travis Total 2,829,404.81 Nina Payne npayne@brazoscountytx.gov 979-361-4186 Katie Conner kconner@brazoscountytx.gov 979-361-4359 From: Kelly O'Brien To: Edward C. Bull; NinaP_ayne: Jamie L. Cartwright; Cristlan T. Villarreal Cc: Justin Flores: Colt Sullivan Subject: UC DY12 Final - Brazos LPPF Date: Wednesday, August 23, 2023 1:33:22 PM Attachments: DY12 Fin Id er on Allocation Summary - Brazos LPPF.xlsx DY12 Fin Travis Allocatlon Summary - Brazos LPPF.xlsx DY12 Fin MRSA Central Allogtion Summary - Brazos LPPF.xlsx DY12 Fin MRSA Northeast Allocation Summary - Brazos LPPF.xlsx UC DY12 Final Allocation Summary - Brazos LPPF.xlsx r----- ------------------------------ ------- -------------------------------------------------- ..- ---------' ---------------------------- -� Brazes 'County Disclaimer I `**** This "is an email from an EXTERNAL source. DO NOT click links or open attachments .unless you recognize the sender and have.verified that the content is safe. Never enter .USERNAME, PASSWORD or sensitive information on pages linked from this email ---------------------=----------------------- ----------------------------- ------------------------------------------------------------' Hello Brazos County Team, As you know, the upcoming UC DY12 Final IGT is taking place on Tuesday, September 5th. Accordingly, the hospitals participating within the Brazos County LPPF would like to request the following IGT amounts noted below. (Please review the accompanying allocation.) UC DY12 Final — total requested IGT amount6,75922.41 • MRSA Central SDA: $1,599,146.12 • MRSA Northeast SDA: $2,360,346.41 • Jefferson SDA: $970,625.06 • Travis SDA: $1,829,404.81 Brazos County should submit 4 separate TexNets and allocation forms (attached) for the specific amounts noted above, attributable to each SDA. It is not sufficient to provide one TexNet. HHSC requires these amounts to be entered into TexNet no later than the close of business 9/5/2023 with a settlement date of 9/6/2023. These funds will need to be placed in the "UC Hospital" Bucket. Upon successful completion of the IGT, please submit the PDF of the TexNet Trace Sheets and allocation forms to PFDQUC—Payments(@hhs.texas.g_o_v. AHCV also kindly requests to be copied on the TexNet submission to HHSC on or before the deadline noted above. Please do not hesitate to contact us with any questions. Thank you, Kelly Kelly O'Brien Adelanto HealthCare Ventures L.L.C. 401 W. 15th Street, Suite 840 1 Austin, TX 78701 Main Office: (512) 322-9413 Direct: (802) 825-2466 http:/Iwww.ahcv.com AMENDMENT #3 TO 21-141R— MEDICAL & HEALTH SERVICES FOR BRAZOS COUNTY THIS AMENDMENT TO 21-141R ALSO KNOWN AS 20-134R and 19-136R and 19-060 Medical and Health Services for Brazos County ("Amendment") is entered into and effective this 1' day of October, 2023 ("Effective Date") through 30'h day of September, 2024 ("Expiration Date"} by and between Brazos County ("Customer"), and Joel Richards, DO "aka" Doc Healthcare, PA. ("Provider") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract # 19-060 ("Agreement') for purposes of Joel Richards, DO "aka" Doc Healthcare to provide medical and health services for Brazos County; and WHEREAS, the Parties desire to amend the pricing as set forth in original contract 19-090. 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. Increasing the original pricing of provider's annual fee by 5%, to $225,750.00. 2. Renewing the contract for an additional one (1) year term, expiring September 30, 2024. Renewal of contract will be known as 24-032R. 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. NaJ�e (� (? L, .rr %4 �i✓c �� E Title i �� ! aO Q--a Date JOEL RICHARDS, DO "AKA" DOC HEALTHCARE, PA. Signature Joel Richards, D.O. Name Physician Title 8/21/2023 Date AGREEMENT FOR MEDICAL AND HEALTH SERVICES FOR THE BRAZOS COUNTY JAIL, BRAZOS COUNTY JUVENILE DETENTION CENTER AND THE BRAZOS COUNTY EMPLOYEE HEALTH AND WELLNESS CLINIC This Agreement for M e d i c.a 1 and Health Services is entered into by and between Brazos County, Texas ("County") and Dr. Joel. Richards, D-.O. "AKA" Richards Emergency Services, PA ("Provider"). 1. Provision of Services - The Provider agrees to provide medical and .health services, and. medical. director services, at. the Brazos County Jail, Brazos County Juvenile Detention Center and the'Brazos County Employee Health and Wellness Clinic in: accordance with Exhibit "A" and this A g r eom e n t . This includes all necessary physician and medical director services as set: forth -in the Exhibit "A" and this Agreement, 2. Terms and Conditions - The terms and conditions 'of this Agreement are as set forth below and in Exhibit "A". Except as otherwise stated, modified or supplemented in this Agreement. Provider must implement procedures and oversight to maintain compliance with applicable laws, and the regulations of the Texas Commission on Jail Standards, with regard to delivery of the services. 3. Term of Agreement - Unless terminated earlier as provided herein, the term.of this Agreement is One (1) year beginning on the date. that the medical malpractice insurance has been obtained and/or confirmed; but no later than September 1, 2020 and ending no later,than August 31, 2021. Additionally, this Agreement is renewable, in. its entirety, for additional one (1) year -terms:as agreed to by the parties. 4. Fee - Provider's annual fee for .services under this Agreement is, Two Hundred Thousand Dollars: and No Cents ($200,000). This ,fee is inclusive of all professional services to be provided by the Provider. The fee does not include costs retained by the County,. such as malpractice insurance, supplies, medications, County employee -salaries, or outside care. 5.. Payment of 'Fee County shall pay the fee in monthly payments of Sixteen Thousand Six Hundred and Sixty -Six Dollars and'No Cents ($16,666.00) for the first eleven (11.) months and a final payment of Sixteen Thousand Six Hundred -and Seventy -Four Dollars and No -Cents ($16,674.00). The payment for a month is due and payable within 30 days of the Provider submitting an invoice for services'. Note *(In most cases, If an invoice is received by Monday in any particular month, payment- will normally be made by the following Tuesday.) If this Agreement is terminated for any reason set forth in this Agreement except Section 8, Provider's entitlement to. any unearned portion of the fee is lost; and Provider's sole remedy shall be recovery of fees actually earned but unpaid at the date of termination. 1 6. Termination - This Agreement may be terminated by the County after thirty (30) days written notice and opportunity to cure (if cure is possible) for any of the following reasons: a) failure of Provider to provide the:services as promised; b) irreconcilable conflict between Provider and 'County Staff (employees and/or patients); c) repeated violations:of Jail security rules;; d) negligence in tendering care to patients; e) sexual, racial or other type of prohibited harassment by medical staff of Jail staff, inmates or county employees; f) any romantic relationship between a member of medical staff and any inmate; g) violation of confidentiality laws relaiing.to health care information;: h) failure. or refusal to cooperate with Jail staff in- the investigation of grievances or complaints; i) determination after an internal investigation, notice,. and an opportunity to be heard that the. Provider has violated the civil.rights of an inmate; or' j) arrest of Provider for a felony or misdemeanor of Class B or above. 7. Immediate Termination - The County may terminate this Agreement iinmediately-and without any notice or cure period if: a) Provider is convicted of a felony or a misdemeanor. of Class B or above; b) A court: determines that the Provider failed to provide medical care to any inmate at the Jail in accordance with the accepted standard of care; c) Suspension or revocation of medical license; d) Violation of the civil rights of an inmate as determined by a court of competent jurisdiction; or e) Where care is so objectively deficient as- to create a risk to County, 'Patients and potential liability to the County- S. Termination b Provider - Provider may terminate this Agreement after Adays written notice to the County and opportunity to cure if the County fails to .pay the ,fee .payments as required herein. 9. Notice of .Termination - If in the event the Provider .provides written notice to the County of termination and/or: the Provider desires not to renew this contract. Provider agrees to continue a month to month. agreement for the same services and rate with the County for a reasonable period of time so, that an appropriate replacement can. be -found and transitioned into the Providers position. 10. Medical Judgment .Medical care must be rendered based on medical judgment and the medical needs of the patient at all times. The Provider has exclusive control of the standard of care and treatment that a patient receives and is in no way subordinate to any other County employee or elected official in that determination. The Provider shall exercise the degree of professional skill appropriate in the relevant medical community in carrying out its duties under this Agreement. 11. Independent Contractor - Provider shall not be considered an employee of the County for any purpose, including but not limited to payroll taxes and withholding, health insurance, unemployment insurance, or retirement. The Provider is an independent contractor providing professional medical services using its own training, skill and medical judgment. 12. Employment Decisions - Relating to County Employees. The Provider shall have the authority to temporarily remove a medical employee from duty if necessary for patient welfare. Employment decisions involving demotion, unpaid suspension or termination will be made by the County Judge and/or County Commissioners. All final hiring and firing decisions relating to medical personnel rest with the County Judge and/or County Commissioners. 13. Peer Review - As part of the Provider's duties as Medical Director, the Provider shall establish a peer review process for medical personnel when appropriate. 14. Insurance - Malpractice insurance shall be either obtained by the County or the Provider. For the purpose of meeting the terms of this Agreement, liability limits are required to be one million ($1,000,000) per occurrence and three million ($3,000,000) aggregate. 'If the Provider obtains the malpractice insurance, the County shall reimburse the Provider for that portion of insurance that covers the terms of this .Agreement. Provider agrees to comply with any reasonable request from the County to procure said Insurance. The Provider shall submit proof of insurance coverage prior to the start of services which shall name Brazos County as an addition insured. Proof of insurance shall also be submitted by the Provider at any other time during the term of this Agreement on the reasonable request of the County. The insurance policy must contain a 30-day notice to the County before expiration or termination. 15. Indemnity — The Provider and the County mutually agree to indemnify and hold each other harmless and defend each other, their officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of any kind, including all expenses of litigation, court costs and attorney's fees, for injury to or death of any person or any breach of contract, arising .out of each parry's own negligent acts. 16. Provider Back-up/ Fill-in - Provider is responsible for providing an appropriate Fill -In Provider in the event that the Contracting Provider becomes unavailable due to any 3 planned or unforeseen circumstances. 17. Third Parties - No provision of this Agreement shall inure to the benefit of any third party, including, but not limited to, inmates or employee patients. No other person or entity other than Physician and County may enforce any portion of this Agreement. 18.. Avy1icable Law and Venue - This Agreement shall be construed according to, and the rights of the parties shall be governed by, the laws of the State of Texas. Venue of any action arising out of this Agreement shall be in a court of competent jurisdiction in Brazos County, Texas. 19. Assignability - This Agreement is not assignable by the Provider without the prior writing consent of the County. 20. Miscellaneous - This Agreement may only be amended by a writing signed by both parties. If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, they shall be severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, personal representatives, and assigns. DATED this 30th day of June , 2020. Brazos County By: Duane Peters, Brazos County Judge a 4 Provider By: Qa¢2.�P..alca '_PO. .Dr. Joel Ri ards, Provider Richards, Emergency Services, PA Exhibit "A" SERVICES/RESPONSI BI LITES 1. Supervision of all medical staff 2. Mentoring and training of medical department staff when necessary 3. Care and Services to be provided by the Provider or his qualified designee 4. Available for daily medical guidance to medical department staff 5. Sick call Clinics as agreed to by the Jail and Juvenile Detention 6. Maintain HIPAA Compliance and Certification 7. Evaluation and treatment of inmates and patients as medically necessary 8. Maintain medical Compliance for the Brazos County Jail and Juvenile Detention Center as required under Federal and State Law 9. Consult with any other provider as needed to ensure compliance and care 10. Maintain and review records are required for compliance 11. Consult with medical staff as required for compliance 12. Provide oversight of medicines and supplies needed and used by the Jail and Juvenile detention PER -DIEM ADJUSTMENT ADDENDUM - SEPTEMBER2023 This Agreement made and entered -into by and between Youth Opportunity also doing business as - Rockdale Youth Academy and:_ BRAZOS bounty ("Contracting County") acting by and through their duly authorized representatives. The term -of this Agreement shall go into effect at midnight, September 01, 2023 and shall remain in effect for the -continuation of the current contract. After a mutual good faith has been made toward the success and performance of the Agreement, if either.party hereto in its judgment determines that the Agreement cannot be successfully continued, and desires to terminate the Agreement, then the party so desiring to terminate may .do so by following the procedures set forth in the executed contract. Contracting County agrees -to pay Youth Opportunity Rockdale Youth Academy the secure residential daily rate of $271.21 for each and every day their child is in the facility for post -adjudication residential care. Youth, ::ortunity (Rock:._ 1 .Youth ' '_ademy) �t Contracting County Representative BRAZOS COUNTY COMMISSIONERS COURT ON LL & LA_ S 7' a52i EXECUTED IN DUPLI ATE,. H'OF WHICH S AND-E OF AN O IGIN =tAL. ,I BY: Duane Peters, County Judge 200 S. Texas Avenue, Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 r Date Da e 20. of 3 , FULLY ,L HAVE THE FULL FORCE Center for Seem sad Independence at RodW&k Academy Residentul SwAms AVeement September 1.2022— August 31.2024 CONTRACT AND AGREEMENT FOR SECURE LONG-TERM RESIDENTIAL SERVICE OF BAENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF MILAM YOUTH OPPORTUNITY INVESTMENTS, LLC CENTER FOR SUCCESS AND INDEPENDENCE AT ROCKDALE ACADEMY Residential Services &Xtember 1. 2022 - August 31, 2024 This Agreement is entered into by and between Brazos County and Youth Opportunity Investments LLC, Center for Success and Independence at Rockdale Academy, a Texas for - profit corporation, licensed to provide child care services by the Texas Juvenile Justice Department, and/or any other appropriate State agency with licensure or regulatory authority over this facility ("Service Provider"). ARTICLE 1 PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider, and is located at 6% N FM 487, Rockdale, Texas 76567. The business office of Service Provider is 12775 Horseferry Road, Suite 230, Carmel, Indiana, 46032. ARTICLE 11 TERM - 2.01 The term of this agreement is for 2 years, commencing September 1, 2022 and ending August 31, 2024. ARTICLE III SERVICES 3.01 Service Provider will perform the following services: (1) Provide basic residential services, including: standard supervision by qualified adults, food and smacks, recreation, personal hygiene items, haircuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone), as agreed by Juvenile Probation. (2) Provide and document paraprofessional counseling, off -campus visits or furloughs, major incidents and worker contacts. Any and all associated with off -campus visits or furloughs will be paid by the parent or guardian Ceater for Succeu and Independence at Rochdale Acadeay Reside aW Saviors AVOMM September I, 2022 — August 31, 2024 (3) Ensure that the child's parent(s) or legal guardian(s) and juvenile Probation are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, every effort will be made to notify Juvenile Probation and the parents. In the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. (4) Coordinate Multidisciplinary Treatment (MDT) team meetings twice a month (one formal and one informal) while youth is in the program. The Treatment Team consists of the youth, parent/guardian, Therapist, Clinical Director, Education Representative, Assistant Facility Administrator, Medical Staff, Juvenile Probation Officer, Direct Care Staff, and anyone else the team believes needs to be involved. The purpose of the MDT is to evaluate the youth's progress in the program, discuss any concerns or problem, and to give all participants an opportunity to provide input towards the youth's status in medical, safety and security, recreation, education, mental/behavioral health, relationships, socialization, permanence, and parent and child participation. This process also assists the placing county with their completion of the initial case plan/reviews. (5) Maintain copies of the original Individualized Program Plan and the periodic reviews. (6) Provide the juvenile Probation Department with a written report of the child's progress on a monthly basis in a Monthly Progress Report. (7) 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 investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to juvenile Probation for periodic inspection. (S) Any and all medical/ psychiatric treatment and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation, private health insurance. Medicaid coverage is not active while a child is in secure placement and cannot be utilized to cover any medical expenses. However, in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. juvenile Probation, at its discretion, may use other means or additional measures to evaluate Center for Ssecm and lndepeodcut at Roekdak Academy Residential Services Ag mam September 1. 2022 — August 31,2024 the performance of Service Provider in fulfilling the berms and conditions of the Agreement (i) Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider. 1.1 Ensure children complete residential placement 2.1 Prevent re -referrals of children during the six (6) months following release from residential placement 3.1 Ensure children move down in their Level of Care as they progress in the treatment program- (2) juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 2.1 The total number of children placed in residential placement 22 The total number of children who were discharged from residential placement successfully. 2.3 The total number of re -referrals of children discharged from placements within six (6) months after release. 2.4. The total number of children who move down in their Level of Care. 2.5. The average length of time before a child moves down in the Level of Can:. (3) Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 3.1 Percentage of children in residential placement who will complete their placement as a successful discharge. 3.2 Percentage of children who have completed their placement and not re -referrals within six (6) months after release. 3.3 Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement ARTICLE V COMPENSATION 5.01 For and in consideration of the above -mentioned services, Juvenile Probation agrees to pay the Service Provider the sum of $2n.21 per day for each child admitted into the program. The Levels of Care is defined by the Texas Juvenile Justice Department The daily rate shall be paid to the Service Provider for each day a child is in residential placement pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. Youth Opportunity, at their discretion, may increase daily rates in accordance with the Texas Department of Family and Protective Service (TDFPS) rate schedule. As TDFPS rates increase, Youth Opportunity may increase rates to reflect the current rate of service. If a rate increase is proposed, the contracting county will be provided 30 days' notice of said increase. 5.02 For children participating in sex offender treatment, the cost of the Offense Summary Polygraph and the Sexual History Polygraph will be paid by the Service Provider at a rate of $250.00 per exam. Additional polygraphs required due to the child failing one or both of the aforementioned exams will be paid by Juvenile Probation at a rate of $250.00 per exam. The cost is based on the projected actual cost of care for children in the facility. Payment is due within 30 days of receipt of billing. Center for Success and Independence at Rochdale Academy Residential Services Ag mrnt September 1.2022 — August 31.2024 5.03 Psychiatric services will be provided at no cost to the county for the initial evaluation and any follow up evaluation. The service provider will request medical permission before any resident is seen by the psychiatrist The county is responsible for payment for any labs or medication resulting from the psychiatric visit 5.04 Service Provider will submit an invoice for payment of services to the juvenile Probation Fiscal officer on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.05 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility ("Outside Treatment") are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the Juvenile Probation. Juvenile Probation agrees to indemnify and hold the Service Provider, its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify Juvenile Probation of Outside Treatment within twenty-four (24) hours of its occurrence. 5.06 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): (1) Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. (2) If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract 5.07 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this contraM the new rates will become effective reflecting those of the increase. 5.09 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment Center for Sacem and Independence at Rockdde Academy ResidentW Services Ageemeat September I, 2022- Aupst31,2024 5.10 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 5.11 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties' resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE VI ADDITIONAL TERMS ds AGREEMENTS 6.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officers of juvenile Probation may be denied if space limitations require as determined by the Facility. 6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of sending County. 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable, or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the Juvenile Probation Department if sending County of this determination. The child shall be removed immediately from the Facility. It will be the responsibility of Juvenile Probation to provide for the transportation for the removal of the child. 6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives authorization from the juvenile Probation Department that originally detained the child. 6W It is further understood and agreed by the parties that children placed in the Facility may be released to the Probation Officer or other appropriate authority of sending County pursuant to. (a) section 6.04 of this Agreement, (b) an Order of Release signed by the Judge of the Juvenile Court of sending County. 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit contracted County, its agents, servants, or employees in any way to manage control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of contracted County shall control the conditions and berets of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. Center for Success and Independence at Rockdale Academy Residedisl Services Ag maatt September 1, 2022— August 31, 2024 6.09 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. 6.10 The Service Provider verifies that it does not boycott Israel and will not boycott Israel during the berm of this agreement. The bens boycott Israel" is defined by the Texas Goverment Code Section 808.001, effective September 1, 2017. The Service Provider verifies that it has not engaged in business with Iran, Sudan or any Foreign Terrorist Organizations, as defined by the Texas Government Code Section 2252.152. 6.11 This contract, berms and agreements are transferable. ARTICLE VII EXAMINATION OF PROGRAM A RECORDS 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted children as requested on forms provided by Juvenile Probation. 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement; and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement. 7.05 Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditors Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. Center for Sueceu end Indepeademe at Rockdale Academy ResidentW Services Ageement Septembcr 1.2022—August 3t.2024 ARTICLE IX 9.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty-four (24) hours from the time the allegation is made, to all of the following: (1) Local law enforcement agency (such as the Main County Sheriffs Office); (2) Texas Juvenile justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512424-6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1-871-78&7263, followed by submitting the report within 24 hours of said call); and (3) Contracted County juvenile Probation Department 9.02 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile Offenders. Under PREA, Service Provider shall make available to the Chief Probation Officer all incident - based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of justice from the previous calendar year no later than June 30 [PREA §115.387 (e) and (f)]. Under PREA, the Service Provider shall be subjected to annual contract monitoring by juvenile Probation to ensure that the Service Provider is complying with the PREA standards [PREA §115.312(b)]. To comply with this standard, the Service Provider will make available to the CPO all incident -based aggregated sexual abuse data within 24 hours of the allegation. Under PREA, juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the juvenile Probation website [PREA §115.389(b)]. Contractor will be subject to a Department of justice (DOJ) PREA Audit every three (3) years beginning August 20, 2013. Contractor shall be solely responsible for paying for a PREA Audit as required by its contract with Brazos County. 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 of seven (7) years, or until any pending litigation, claim, audit or review and all questions arising there from have been resolved, and shall make available for JUVENILE PROBATION's inspection, all contractual agreements with SERVICE PROVIDER's subcontractors for services related to this Agreement Separate accountability of the receipt and expenditure of state funds. Furthermore, Service Provider shall be responsible for the financial cost associated with any PREA audit. Center for Sueem and Independence at Rockdale Academy Residential Wiioea Aymneot September 1. 2022 — Aupst 31,2024 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: (1) Any and all corrective action required by any of Service Provider's licensing authorities; (2) Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; (3) Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; (4) Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; (5) The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and (6) The identity of any of the Service Providers employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (1) Will not discriminate against any child, childcare provider, parent employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay- off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non-discrimination. (2) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) Shall abide by all applicable federal, state and local laws and regulations. Center for Succen and ladegmdeaee at ROCMate Academy Reddemial Services Agnxment September 1.2022—Augmt31,2024 ARTICLE M OFFICIALS NOT TO BENEFIT 12.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIII DEFAULT SANCTIONS, PENALTIES_ FOR BREACH OF CONTRACT 13.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: (1) If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof, or (2) If Service Provider fails to perform any of the other material provisions of this Agreement including failure to achieve the defined goals, outcomes, and outputs, or so Earls to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. (3) All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt, requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. CSI - Rockdale Academy 6% N FM 487 Rockdale, Texas 76567 Brazos County 1904 S Highway 21 West Bryan, TX 778M (4) Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. (5) The parties intend that, in construing and enforcing the provisions of the Agreement mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. (6) If any court finds any provision of this Agreement to be invalid or unenforceable, this fording shall not affect the validity or enforceability of any other provision of the Agreement (7) No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. Center for Success trod indepeadenee at Rottdsle At sdemy RcmdentW Services Ageaneat Septcmber 1.I022— August 31.2024 (8) The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. ARTICLE XIV TERMINATION 14.01 The term of this Contract shall be for a period of twenty-four months from the effective date: however, if either party feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At 12.00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further force or effect Such termination shall not affect or diminish Contract County responsibility for payment of any amounts due and owing at the time of termination of the contract Contracted County shall remove at its expense all children placed in the Facility on or before the termination date. ARTICLE XV WAIVER OF SUBROGATION 15.01 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 XVI INDEMNIFICATION 16.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, costs, claims or expenses arising out of wrongful and negligent act(s) of commission or omission by Service Provider, its agents, servants or employees arising from activities under this contract Service Provider shall have no obligation to indemnify and hold harmless said County for any act(s) of commission or omission of the County or the County's agents, servants, or employees arising from or related to tiffs contract for which a claim or other action is made. ARTICLE XVII SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to Brazos County Sovereign Immunity, Title 5 of the Texas Cavil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third -party beneficiary. 10 Cealer for Success and ladepeodeua at Rockdale Academy Raideatisl Services Apeemeat September I, 2022 - August 31.2024 ARTICLE XVIII REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following: (1) That it has all necessary right, title, license and authority to enter into this Agreement; (2) That 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 operations of its business; and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; (3) Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider. Certified copies of original insurance policies shall be furnished to Juvenile Probation. Furthermore the Juvenile Probation shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to Juvenile Probation. (4) That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Milam County, Texas. ARTICLE XX VENUE 20M Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE = LEGAL CONSTRUCTION 21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXI1 PRIOR AGREEMENTS SUPERSEDED 22.M This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes 11 C@WrforfreessadladW@sd eatRnYYkAwkw KnMcKW Sw4kK AVwM Srpan6w 1,2W2-Agf131,2U1 any pdw undenautdinp or written or Ord Agreement between the psrties tespecting the within subject matter. This Contras and Areenant la wmAded with the declared intmifun of the puttee that ft Comsact and Agresumd L a contract providing fOr the we of ddldren who have aUeSedly aammilted an act of delinquency Or an act indicating a need for supervision, and payment for such ore wM be made by hlratas County for the ddW ren placed in the FaclUty by the judge of said County, havlq juvadle kubdktlm El EMED IN DUPUCATE, EACH OF MOM G"I L HAVE THE FULL FORCE AND 11i+F = OF AN ORIMAL 1N WiIERFAF�to affix our dgna we this ! day of 2D 1lrcm County Ceeterfor Salem and Independence Probation Department at jAndemythief Juvenile hobation ter Jamesjr. — — 12 BRAZOS COUNTY COMMISSIONERS COURT ON �-t- �'�- � © . 20 oZoZ , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BY: DATE: S 3 0 a o a a Duane Peters, County Judge 200 S. Texas Avenue, Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 CHANGE ORDER PROJECT BRAZOS COUNTY SECURITY UPGRADES CHANGE ORDER NO: TWO (2) CONTRACT No.: CIP-22-525 PROJECT No: CIP 22-515 CONTRACT DATE: SEPTEMBER 20, 2022 DATE: AUGUST 21, 2023 To: BRAZOS COUNTY -FROM: AGGIELAND CONSTRUCTION 300 E. 26T" ST. P.O. Box 271 BRYAN, TEXAS 77803 WELLBORN, TEXAS 77881 DESCRIPTION: • CREDIT FOR LABOR ASSOCIATED WITH THE INSTALLATION OF ($1,500.00) INTERIOR. STOREFRONTA3 SUB -TOTAL: ($1,500.00) TAX: N/A TOTAL: ($1,500.00) PRICE: ($1,500.00) (TAX EXEMPT) ORIGINAL CONTRACT AMOUNT $ 941,000.00 AMOUNT OF APPROVED CHANGE ORDERS TO DATE $ 44,764.95 AMOUNT OF THIS CHANGE ORDER (INGREASE9 (DECREASED) $ (1,500.00) NEW CONTRACT AMOUNT $ 984,264.95 THE CONTRACT TIME WILL BE (INGREASEB) (DEGREASED) BY ( 0 ) DAYS AGGIELAND CONSTRU . ION: BY: TITLE: Vice resident of Construction DATE: August 21, 2023 BRAZOS OUN BY: TITLE: l.t.py-( Tltoc-F, DATE: E5t act (a 3 ARCHITECT: Y: TITLE�iru:, DATE: �' Z� *&-*-" 3 P.O. BOX 271 9 WELLBORN, TEXAS 9 77881 • 979-393-0080 9 FAX 979-393-0313 pC61ELy00 c�k'SiRUU��a Aggieland Construction PO Box 271 Wellborn, TX 77881 Change Order #02 — Credit for labor Associated with the Installation of Interior Storefront A3 Proiect: Brazos County Security Upgrades Client: Brazos County Location: Brazos County Courthouse 300 E. 261h St., Bryan, TX 77803 Date: 8-21-2023 All Labor and Materials for scope of work listed below: • Credit for Labor Associated with the Installation of Interior Storefront A3 Exclude: • Taxes & Overtime • Design/Engineering & Testing of Any Kind • Anything not specifically mentioned in the above scope of work. Proposed Price: ($1,500.00) (includes labor/Materials/Contingency/O,H & Profit) e%P/imnkyou for the oortunity, Yf trere zs rrnyt6tirt, y else the can do for you,,ifeese fetus tour Authorized Signature *HUB certification provided on request *Prices are good for 30 days Date Date 8/21/2023 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023-August _ 31, 2024 CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF JUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS § COUNTY OF BRAZOS § BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services September 1, 2023 - August 31, 2024 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Gonzales County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation") and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County juvenile justice Center (hereinafter "the Facility") by the Brazos County Juvenile Services Department (hereinafter "Service Provider") pursuant to license granted by the Texas juvenile justice Department and/or any other appropriate State agency with Iicensure or regulatory authority over this facility. ARTICLE I PURPOSE 1.01 Whereas Gonzales County, in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facilityfor act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan, Texas 77803. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2023 - August 31, 2024. It shall be automatically renewed for one (1) year terms thereafter, commencing September 1st and ending August 31st of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, .or hospitalization outside the Facility); an approved education program; recreation facilities; and crisis intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment') is required for a child placed in the Facility, the Administrator of the Facility is authorized Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023-August 31, 2024 to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. C. Children from juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Gonzales County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the child's re -admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility administrator, and staff of the Facility. E. Acceptance of a child by the Facility will be determined by Brazos County juvenile Facility Staff. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the juvenile justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the juvenile justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), juvenile Justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated, and released by a medical professional and given written medical clearance. If a child is accepted by the Facility from juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service Provider shall notify Juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event longer than twenty-four (24) hours after notification. It will be. the responsibility. of juvenile Probation, at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to juvenile Probation and juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24- hour period. Any damage to county property or juvenile facility fixtures will be paid for by the juvenile Probation Department and charges will be filed against the juvenile with the Brazos County Sheriff's Department. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex, or national origin. G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. 2 Brazos County Juvenile, Justice Center Detention Services Agreement September 1, 2023-August 31, 2024 H. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the judge of the Juvenile Court of Gonzales County. I. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. K. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be promptly provided to Juvenile Probation of the detaining county. L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties functions, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the juvenile Court of Gonzales County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above -mentioned services, Juvenile Probation agrees to pay Service Provider the sum of S150.00 per day, the cost includes any duration during a 24-hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Every child shall receive basic detention services. Additional services that require or request special accommodations, medications, including, but not limited to psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs, will be paid for by juvenile Probation. 4.03 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by Juvenile Probation. 4.04 Service Provider will submit an invoice for payment of services to juvenile Probation on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by juvenile Probation in a timely manner. 4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): A. If Service Provider has an outside audit completed on a yearly basis which specifies 3 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023-August 31; 2024 receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 foIlowing the end of the fiscal year. B. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are. not available or are not appropriated by the Texas Legislature. 4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V DDITIONAL TERMS & AGREEME 5.01 Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile Probation.may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the Juvenile Court of Gonzales County. ARTICLE VI EXAMINATION OF PROGRAM &RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and valuation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. ��4 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 6.04 Service Provider will keep a record of services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditors Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate is included in any subcontract it awards. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation and shall not disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local Iaw enforcement agency; and 2. Texas Juvenile Justice Department by submitting a-T)JD Incident Report Form to facsimile number 1- 512424-6716 (or if unable to complete the form within 24 hours, then by calling toll -free 1-877-786- 7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and 3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be II. sent to Juvenile Probation within 24 hours at facsimile number (830) 672-6401 and Service Provider shall contact juvenile Probation by telephone at (830) 672-071 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll -free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512424-6716 or by email at abuseneetect ftt'jd.texas gov and 5 Brazos County Juvenile Justice Center Detention Servides Agreement September 1, 2023—August 31.2024 3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (830) 672-Wi. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261, 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an -alleged victim- or other- person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves • •juveniles under • juvenile• court jurisdietion. • The term. includes, a public or private juvenile post -adjudication secure correctional facility required to be certified in accordance with the Texas Family Code, and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. G. Brazos County Juvenile Justice Center Detention Services Agreement September 1, 202374ugust 31. 2024 B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) yam; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice pro€ram- 9.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. 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; 7 Brazes County Juvenile Justice Center Detention Services Agreement September I.2023-Aq&W 31, 2024 B. Any and all Iitigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of 'the governing body of the Iocality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. .S Braws County Juvenile Justice Center Detention Senilces Agreement September 1, 2023-August 31. 2024 ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated for any reason: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all -rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; C. Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore, Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to juvenile Probation. D. That all of its employees, inters, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a 9 Brazos County Juvenile Justice Center Detention Services Agreement September 1. 2023August31,4024 child under the supervision of juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that; if it has employees, interns, volunteers, subcontractors; agents and/or -consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas juvenile justice Department website: Notice to Public Regarding Abnse, Neglect raid Exploitation and Notice to Employees Regarding Abuse, Neglect mid Exploitations. ARTICLE XVHI TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and aII obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge of Gonzales County having juvenile jurisdiction. ARTICLE XXII PRISON RAPE ELIMINATION ACT 22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape EIimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available to the CjPO all incident -based aggregated data reports of sexual abuse at its facility within 24-hours of the allegation, .and all such data may be requested by the Department of justice from the previous calendar year no later than June 301h [PREA §115.387(e) and (f)] 10 B I - w e mly""000 Jawa cilw Detcdu 1=10M AaaxpM Sept"AW 1. =4vv%l 3!. 2M Gonzales County Juvenile Probation Br ' os County Ju ODHO Justice Center . is Chief Juvenile Probation Officer Linda Ricketson, Executive Director Gonzales County 4M�izod Official BRAZOS COUNTY COMMISSIONERS COURT ON --A L& G -LLS - - act �a a FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By: — L 'S: .. L' Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, 7X 77803 Phone: 979 361-4102 Fax: 979-361-4503 11 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023-August 31, 2024 CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF MENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS ' § COUNTY OF BRAZOS § N BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services September 1, 2023 - August 31, 2024 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Colorado County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation') and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County Juvenile Justice Center (hereinafter "the Facility") by the Brazos County juvenile Services Department (hereinafter "Service Provider') pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. ARTICLE I PURPOSE 1.01 Whereas Colorado County, in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan, Texas 77803. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2023 - August 31, 2024. It shall be automatically renewed for one (1) year terms thereafter, commencing September 1st and ending August 31st of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES . 3.01 A. Service Provider will provide room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities; and crisis intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized s Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023-August 31, 2024 to secure the Outside Treatment at the expense of juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. C. Children from juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Colorado County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the child's re -admission. D. Each child placed in the Facility shall be required to foIIow the rules and regulations of conduct as fixed and determined by the facility administrator and -staff of the Facility. E. Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the juvenile justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated, and released by a medical professional and given written medical clearance. If a child is accepted by the Facility from juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service Provider shall notify juvenile Probation of this determination. The child shall immediately be removed from the Facility but in'no event longer than twenty-four (24) hours after notification. •It -will be. the responsibility of juvenile Probation, -at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to Juvenile Probation and Juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24- hour period. Any damage to county property or juvenile facility fixtures will be paid for by the juvenile Probation Department and charges will be filed against the juvenile with the Brazos County Sheriffs Department. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex, or national origin. G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from juvenile Probation' or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. N Brazos County Jnrefi le Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 H. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the Judge of the juvenile Court of Colorado County. I. Service Provider shall be in compliance with all standards and requirements of the Texas juvenile Justice Department and all applicable State and Federal Iaw. J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. K. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI 2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be promptly provided to juvenile Probation of the detaining county. L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties functions, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the juvenile Court of Colorado County shaII control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above -mentioned services, juvenile Probation agrees to pay Service Provider the sum of $150 00 per day; the cost includes any duration during a 24-hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Every child shall receive basic detention services. Additional services that require or request special accommodations, medications, including, but not limited to psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs, will be paid for by juvenile Probation. 4.03 Psychological services may be provided to the child on an as needed basis at the request of the juvenile Probation Department and shall be paid for by juvenile Probation. 4.04 Service Provider will submit an invoice for payment of services to juvenile Probation on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. ' 4.05 Service Provider shaII account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and - expended utilizing the following Generally Accepted Accounting Practices (GAAP): A. If Service Provider has an outside audit completed on a yearly basis which specifies 3 Brazos County Juvenile Justice Center Detention Services Agreement September 1. 2023rAugust 31, 2024 receipt and expenditure of State funds. Service Provider shall forward a copy of the . annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. B. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention, Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile Probation maybe denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the Juvenile Court of Colorado County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and valuation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 4 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 6.04 Service Provider will keep a record of services provided to juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditors Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that "this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate is included in any subcontract it awards. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation and shall not disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. - Texas juvenile Justice Department by submittinga TJJO Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll -free 1-877-786- 7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours -of receipt, and 3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to juvenile Probation within 24 hours at facsimile number (979) 732-2674 and Service Provider shall contact juvenile Probation by telephone at (979) 732-6927 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll -free 1-877-796-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or.by email at abuseneglect®tjjd.texas.gov and 5 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31.2024 3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (979) 732-2674. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect,- exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an -alleged victim -or other person with reasonable belief or.knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. 8. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault or youth sexual conduct. . Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. YID. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves -juveniles under juvenile court -jurisdiction. - The term includes:. a public or private juvenile post -adjudication secure correctional facility required -to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE DC CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the foIIowing: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. 6 Brazos County Juvenile Justice Center Detention Services Agreement September I, 2023aAugust 31, 2024 B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet=based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs Iater: duration of the individual's employment or period of service; minimum of three (3) years, or until any pending litigation, claim, auditor review and all questions arising therefrom have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years, F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. 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, T Brazos County Juvenrne Justice Center Detention Services Agreement September 1, 2023-Atw t 31, 2024 B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation Investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the aIIeged or designated perpetrator; E. - The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact.with children that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a ja0able misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile Justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFCT 13.01 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Braves County Juvenile Justice Center Detention Services Agreement September 1.2023-August 31, 2024 ARTICLE XIV DEFAULT 14.01 juvenile Probation may, by written notice of default to -Service Provider, terminate the whole or any part of this Agreement; as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or =13: If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated for any reason: A. By either party upon ten (10) days written notice to the other party of the intention to terminate, or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against juvenile Probation. Service Provider also waives any rights it may have to indemnification from juvenile Probation. ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement, B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; C,-- Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.W per occurrence of property damage. Certificate of Liability Insurance shall be furnished to juvenile Probation. Furthermore, Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect; death or serious incidents involving a 9 Brazos County Juvenile Justice Center Detention Services Agreement September 1. 2023-August 31, 2024 child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that, 4f it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact. with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices%facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Justice Department website: Woice to Public Regarding Abuse, Neglect and Exploitation: and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XIX .VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or tnenforceable provision had never been contained therein. ARTICLE XXI PRIOR AGREEMQUS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior .understandings or written or oral Agreement between the.parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the judge of Colorado County having juvenile jurisdiction. ARTICLE XXII PRISON RAPE ELIMINATION ACT 22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of. 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [PREA §115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24-hours of the allegation, and all such data may berequested by the Department of Justice from the previous calendar year no later than June 301h [PREA §115.387(e) and (01 10" Colorado Counly.Juvenile Probation 114Y 9 )k C *ieruvenile Probation Officer Colorado County BfUwC=A1yjwWd1fjU11keCenter . Odmliun Seivim Apunwa September 1, 2023-FAuM 31.2024 Brazos County Juvenile Justice Center Linda Ricketson, Executive Director BRAZOS COUNTY COMMISSIONERS COURT ON A L'' & L& ST Ca-9 --I 2Q off. , FULLY EXECUTED WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By: Dune Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, 'IX 77803 Phone: 979361-4102 Fax: 979361-4503 IN DUPLICATE, EACH OF Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS § COUNTY OF BRAZOS § BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services September 1, 2023 - August 314 2024 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Lavaca County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation") and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County juvenile justice Center (hereinafter "the Facility") by the Brazos County Juvenile Services Department (hereinafter "Service Provider') pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. ARTICLE I PURPOSE 1.01 Whereas Lavaca County, in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility to be utilized is owned and operated'by Brazos County acid Service Provider, and 'is located at 1904 HWY 21 W., Bryan, Texas 77803. ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2023 - August 31, 2024. It shall be automatically renewed for one (1) year terms, thereafter, commencing September 1st and ending August 31st of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or .hospitalization outside the FaciIity); an approved education program; recreation facilities; and crisis intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized Brazos County Juvenile Justice Center Detention Services Agreement September 1.2023-August 31, 2024 to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. C. Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Lavaca County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the child's re -admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility administrator and staff of the Facility. E. Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated, and released by a medical professional and given written medical clearance. If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Service Provider shall notify Juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event longer than twenty-four (24) hours after notification. It will be the responsibility of Juvenile Probation, at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to Juvenile Probation and Juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24- hour period. Any damage to county property or juvenile facility fixtures will. be paid for by the Juvenile Probation Department and charges will be filed against the juvenile with the Brazos County Sheriff's Department. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex, or national origin. G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a 'waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. 2 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023-August 31.2024 H. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the judge of the Juvenile Court of Lavaca County. I. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. K. Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be promptly provided to Juvenile Probation of the detaining county. L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties functions, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the juvenile Court of Lavaca County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above -mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $150.00 per day; the cost includes any duration during a 24-hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Every child shaII receive basic detention services. Additional services that require or request special accommodations, medications, including, but not limited to psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs, will be paid for by Juvenile Probation. 4.03 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by Juvenile Probation. 4.04 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and. expended utilizing the following Generally Accepted Accounting Practices (GAAP): A. If Service Provider has an outside audit completed on a yearly basis which specifies 3 Brazos County Juvenile Justice Center Detendon Services Agreement September 1, 2023—August 31.2024 receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to juvenile Probation by March 1 following the end of the fiscal year. B. If Service Provider- does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the yeads tax forms and documentation. The accounting shall be provided to juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.07 Service Provider agrees to make claims for payment or direct any payment disputes to juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or Iitigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention, juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of juvenile Probation may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the juvenile Court of Lavaca County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and valuation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to juvenile Probation such descriptive information on contracted children as requested on forms provided by juvenile Probation. 6.03 For purpose of evaluation, inspection, ,auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023-August 31, 2024 6.04 Service Provider will keep a record of services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after -the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate is included in any subcontract it awards. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation and shall not disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall reporVany allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. Texas.Juvenile justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll -free 1-877-786- 7263, followed by submitting the report within 24 hours of said call), In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile justice Department within 24 hours of receipt, and 3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to juvenile Probation within 24 hours at facsimile number (361) 798.5752 and Service Provider shall contact juvenile Probation by telephone at (361) 798-3714 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local Iaw enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile justice Department shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll -free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or by email at abusenekIect®,Jjjd. exas�itov.'and 5 Brazos County Juvenile. Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 3. With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (361) 798-5752 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or -other person-with,reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death, or -other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The -term includes:. a.public or private juvenile post -adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. M Brazos County Juvenile Justice Center Detention Services Agreement September I.2023—August 31, 2024 B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet=based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the.laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. 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 Providers licensing authorities; Brazos County Juvenile Justice Center Detention Services Agreemeat September 1. =-!� ugust 31, 2024 B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; G Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the.term "criminal history". shall include: (1) current felony or misdemeanor probation or parole, (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of juvenile Probation. ARTICLE XM OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 8 Brazos County Juvenile Justice Center Detention Services Agreement September 1.2023—August 3 D. 2024 ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated for any reason: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01- Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; C. Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore, Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect; death or serious incidents involving a 9 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023-August 31, 2024 child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents, and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official nonce forms that are available on the Texas Juvenile Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, Illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or -written or oral Agreement between the. parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the judge of Lavaca County having juvenile jurisdiction. ARTICLE XXII PRISON RAPE ELIMINATION ACT 22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [PREA 9115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available to the CJPO all incident -based aggregated data reports of sexual abuse at its facility within 24-hours of the allegation, and all such data may be requested by the Department of Justice from the -previous calendar year no later than June 30th [PREA §115.387(e) and (f)] 10 IAVAM County JuV=ft Probs&s MdJ+gle Pmbatkm Offiew Lavaca County Aofficial .;LizBd DdmWm SaTim AWD=M SOPmAw 1.20n-Aupa31. =4 Linda -BrWU C0000 JRVGM1k J=fte Center on, Execudie Dirmw BRAZOS COUNTY ComNmIOMM COURT ON A tA_& to ST' @-51 FULLY EXECUTED IN DUPLICATE, EACH OF ,WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL By: L Duane Peters, County lodge 200 S. Teas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-3614102 Fax: 979-361-450 CONTRACT FOR RESIDENTIAL SERVICES RITE OF PASSAGE, INC. At the request of and on behalf of BRAZOS COUNTY TX JUVENILE PROBATION (hereinafter called COUNTY), and Rite of Passage. Inc. (hereinafter :called SERVICE AGENT), by this Agreement, and in consideration of the, mutual promises set forth below, agree that: I. CONTRACT PERIOD The contract period will be effective from September 1, 2023 through August 31, 2024. IL PURPOSE The purpose of this Residential Services Agreement is to provide COUNTY with long term residential care for children adjudicated to have committed delinquent conduct. The placement facility to be utilized is owned -and operated by SERVICE AGENT and the business address of SERVICE AGENT is located at 2560 Business Parkway, Suite A,, Minden, NV, 89423. Contract Facility Names Lake Granbury Youth -Services Texas Monarch Academy For Girls The Oaks — Brownwood Ill. SERVICES Addresses 1300 Crossland Road, Granbury, TX 76048 370 King Street, Denison, TX 75020 800 FM 3254, Brownwood, TX 76801 The .SERVICE AGENT is an educational, vocational and athletic program for at -risk youth. The Service Agency agrees to provide the following services, which shall be limited to adjudicated juvenile offenders in licensed childcare facilities as follows: A. Provide this child with the nurture, care, clothing, treatment and training suited to his/her needs. B. Room & board, clothing, personal needs, recreation, incidentals, supervision, education, and social services. C. Transportation. Transportation includes escorted admission into the program and unescorted exit for students who have graduated/ completed the program. Students who do not complete the program will receive an escorted exit. D. It is the responsibility of the placing agency to pay for psychotropic medications that are prescribed to student. E. Follow admission requirements related to medical screening, physical examination, medical testing and immunization. F. Encourage the maintenance of the natural parent -child relationship and include the :child's parents in the treatment plan when possible. G. Not use corporal punishment, deprivation of meals, monetary allowances, visits from parents, home visits, threat of removal or any type of degrading or humiliating punishment and to use constructive alternative methods of discipline. H. Respect and keep confidential information given about the child and their family. Page 1 Rite of Passage, Inc. BRAZOS COUNTY TX JUVENILE PROBATION FY23.24 Residential Contact I. Work toward termination of placement on a planned basis with maximum involveinent of the child, parents and theagency. J. Conducta Staffing 'or review on this child at.least quarterly. K. Submit an initial diagnostic summary to the agency within three (3) months from the date of placement. L. Submit ongoing written evaluations to the agency andlor parents or guardians quarterly. M. Immediately notify responsible party of significant changes in this child's health, behavior or location. N. Submit .copies of any pertinent information such as school reports. Medical reports , and psychological/psychiatric reports as completed. O. Give responsible party. prior notice of at least 7 days of intent to discharge this child unless it is agreed upon with the agency that less notice is necessary. P. Conform to the applicable facility licensing/certification requirements. 0. Provide access to appropriate parties of documentation when documentation is maintained on children in their care. R. Notify the agency and/or parents or guardians immediately if an application is made on behalf of this child for any kind of income.. Examples of income include, but are not limited to, child support payments, Veterans Benefits, Railroad Retirement, Social Security, .RSHDI, and -Supplemental Security Income/State Supplemental Program (SSI/SSP). S. Provide and document paraprofessional counseling, off -campus visits or furloughs, major Incidents and worker contacts. COUNTY must pre -approve the child's participation in any furloughs, home visits, or extended agency trips. T. Ensure. that the child's parents) or legal .guardion(s), COUNTY, and specifically the County Placement Officer, including Texas Department of Juvenile Justice are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The COUNTY and parent(s) or legal guardians) will be informed immediately if during working hours. After normal working hours, the Juvenile Services On -Call Officer will be notified as soon as possible, as well as the parent(s) or legal guardian(s). in the event of serious illness or accident and for any required follow-up care SERVICE AGENT shall be responsible for ,having the child transported to the nearest hospital or emergency care facility. If the child returns to the SERVICE AGENT within ten (10) days or prior to the last billing day of the month, whichever shall receive payment for those days the child. was absent from the SERVICE AGENT, but not to exceed ten (10) days payment. U. Recognizing that a part of a child's rehabilitation program may include time away from the residential setting of the SERVICE AGENT such as weekends, holidays, etc., and that the SERVICE AGENT must retain space -for this child until their return, COUNTY will pay the SERVICE AGENT the herein agreed upon amount for such regularly scheduled days away from the SERVICE AGENT of its program providing they do not exceed ten (10) days at any one time. Page 2 Rtte of Passage, Inc. BRAZOS COUNTY TX JUVENILE PROBATION TY23+24Residential Contract V. The. SERVICE AGENT is under no obligation to retain space for the child in unauthorized departure 'situations. W. The SERVICE AGENT is under n'o. obligation to accept a child,who is deemed inappropriate for placement. in the program by the SERVICE AGENT. The- COUNTY Agrees to tho following: A. Conduct.a pre-placement,visitation of the site. This visitation may be waived: B. Acknowledge that Rite of Passage, Inc. is a behavior modification and -treatment. program for°at-risk youth. C.. Provide Rite of Passage, Inc. the :necessary background information and 'need's of the child necessary -for effective care. This shall Include a social work assessment, medical reports, educational assessment, psychological/psychiatric evaluations, -and identification of special needs when necessary. This shall be made available to kite of Passage, Inc. within 14 days from date of placement. D. 'Work with Rite of Passage, 'Inc. toward development of a treatment plan. E. 'Work.toward termination of child's placement with Rite of Passage, Inc. staff. F. Continue paying for this child's care as long as eligible'and• Rite of Passage,. Inc. maintains child on an active ,status or until Rite of Passage, Inc, requests that placement be terminated. G. Assist in the maintenance of the child's constructive relationships with parents and other family members. H. Contact this child in Rite of Passage, Inc. -at least once a month. if case plan would indicate less frequent contact, Rite of Passage, Inc. will be informed. I. Inform Rite of Passage, Inc. If child has any tendencies toward dangerous behavior. J. Provide proof of medical coverage at the time of placement (If Applicable). If no medical coverage exists, ..payment is the -responsibility. of the County. K. Provide allthotization for medical treatment, signed by parents or legal guardian. L County agrees to pay for treatment for youth ,placed with the SERVICE AGENT who had a pre-existing medical condition,,'unless treatment for the pre-existing condition is part of the rehabilitation program of the SERVICE AGENT. M. COUNTY agrees to pay all medical and/or dental bills if: 1) The SERVICE AGENT notifies the COUNTY or designee prior to the services being rendered; or, i'i) If, in vendor's (physician and/or dentist) .opinion, the services cannot be delayed a sufficient amount, of time to comply with the above without hardship to the youth; and, III) The SERVICE AGENT notifies the COUNTY and/or designee of the probable charges the next working day after services are provided. iv) • As .appropriate, .the SERVICE: AGENT will provide proof of Medicaid coverage to the Medicai 'Service Provider to enable them to seek Medicaid payment for medical services rendered. N. Consent to the child participating ih ,rigorous physical training and individual and team sports. Page 3 .Rite of Passage, Inc. BRAZOS COUNTY TX JUVENILE PROBATION FY23.24 Residential Contract O.- Represent that the child has no physical, ailments or conditions that would prevent him from participating in rigorous physical.activities. IV. COMPENSATION A. :For and In. consideration of the above -mentioned services,. COUNTY agrees to pay SERVICE AGENT the per diem rate based upon the care. provided, currently $275.00, B. . Psychiatric services will be provided to the child on an as needed basis. The initial psychiatric evaluation and follow-up evaluations will be paid for by Juvenile Probation at the current contracted rates. These services and fees Will be pre -authorized by the .COUNTY. C. Education services are provided on -site through an accredited charter.school. Should the COUNTY request GED preparation -and/or testing; the COUNTY will be responsible for the rates and fees associated with those services. D. SERVICE AGENT will submit an invoice *for payment of services to COUNTY on a monthly 'basis. 'Said invoice shall be submitted no laterthan ten (10) days following the end of the invoiced month and shall include A nformation deemed necessary for adequate fiscal control, including but not limited to: name of the child or children for whom payment is being requested along with the number of days (stated consecutively), date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by, COUNTY in order to monitor SERVICE AGENT for financial compliance with this Agreement. Invoice submitted by SERVICE AGENT in proper form shall be .paid by COUNTY in a timely manner. E. .SERVICE AGENT is hereby notified that state funds are used to pay for services rendered to COUNTY. For this reason, ,-SERVICE AGENT shall account for the receipt and expenditure of all funds received from COUNTY, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting -and auditing of'such funds. In the event of an investigation by the TJJD or COUNTY, the SERVICE AGENT shall submit to COUNTY upon request a financial audit prepared by independent certilled public accountant. V. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT A. Each child placed with -the SERVICE AGENT shall have a written Individualized Case Plan (ICP), developed in concert with the child and mutually agreed upon by the appropriate SERVICE AGENT staff and appropriate county personnel along with a family member within thirty (3Q) days of placement, identifying which of the nine (9) domains pertain to the child. The Case Plan shall be reviewed every 3 months (90 days) `thereafter or more often if necessary, until the child is released from the program. B. The. ICP ,shall contain the reasons why the placement will benefit the child -and specify behavior goals and Objectives as they pertain to the nine (9) domains being sought for each child. Included shall be how the goals and objectives are to be achieved in the SERVICE AGENT placement. The ICP shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved In the Individual Program Plan to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in -the Texas Family Code. Page 4 Rlte.of Passage, Inc. '.BRAZOS COUNTY TX JUVENILE PROBATION FY23.24 Residential Contract C. Copies of the original ICP and the periodic reviews are to be maintained by the SERVICE AGENT and the 'COUNTY. D. COUNTY -reserves the right -to terminate -the child's placement at the SERVICE AGENT at its discretion. The SERVICE. AGENT :must not release a child to any person or agency other than the COUNTY without the express consent -of the COUNTY: E. Unless otherwise stipulated by COUNTY, the child may visit freely with parents and relatives.in.accordance With established SERVICE AGENT policies. F. Suspected or alleged cases of child abuse must be immediately reported to. the COUNTY and the Department. of Human Services.'by the. SERVICE AGENT. VI. EXAMINATION OF PROGRAM AND RECORDS A. The SERVICE AGENT agrees that it will permit the COUNTY to examine and evaluate'its program of services provided under the terms of this contract and to review COUNTY child records. This examination and evaluation of the program may include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the SERVICE AGENT and the child. B. The SERVICE AGENT shall provide to the COUNTY such descriptive information on contracted child as requested on forms provided by the COUNTY. C. The SERVICE AGENT agrees to' maintain atld make available for inspections, audit or reproduction by an authorized representative of COUNTY and the State of Texas, books, documents, and other evidence pertaining to the cost and expenses of this contract, (hereinafter called the "records"). D. The SERVICE AGENT shall retain all applicable'records for a minimum of seven years or until any pending audits and all questions arising there from have been resolved. E. Provide the COUNTY with a written report of the child's progress on a monthly basis in a Monthly Progress Report. F. 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: i. percentage of youth in program successfully. achieving set education goals, ii. percentage of youth. achieving set vocational goals, M. percentage of youth achieving set social skills goals, iv, percentage.of youth demonstrating overall progress; v. number and type of investigations made .by the TXDFPS or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to COUNTY for periodic. inspection. G.- Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 20g3 (PREA). The service Page 5 Rite of'Passage, Inc. 8RAZ08 COUNTY TX JUVENILE PROBATION FY23.24 Residential Contract provider has a zero tolerance towards all forms of sexual abuse and .sexual harassment in accordance with the provision of the Prison Rape Elimination Act of 2003 that provides for administrative and/or criminal .disciplinary sanctions. The service provider shall adopt policies and comply with the Prison Rape Elimination Act of 2003 (28 CFR SS 115) standards and shall permit the placing county to monitor its facility and records as necessary to ensure that the Service Provider is complying with said standards. Under the provisions of the Prison Rape Elimination Act of 2003, the Service Provider shall provide to the placing county all incident - based aggregate- date reports for every allegation of sexual abuse or sexual harassment and all such data that may be requested by the Department of Justice from the previous calendar year no later than June 30 (SS115.387 (f)) and the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence, The Service Provider shall report to the placing county in writing within 15 days any positive findings by a court or governmental agency that the Service Provider has violated a relevant federal statute or rule. H. Service Provider shall assist fully with any and all audits. VII. CONFIDENTIALITY OF RECORDS A. SERVICE AGENT shall maintain •strict confidentiality of. all information and records relating to children involved with COUNTY, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. VIII. DISCLOSURE OF INFORMATION A. SERVICE AGENT warrants that, prior to entering this contract, it has verified and disclosed the following information to COUNTY, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to COUNTY: I. Any and all corrective action required by any of SERVICE AGENT's licensing authorities; ii. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of SERVICE AGENT that has direct contact with juveniles was the alleged or designated perpetrator; Ill. The identity of any of SERVICE AGENT's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. Forthe purpose of this Agreement, the term criminal history shall include: (1) current felony and misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten (10) years; or (3) a jail able misdemeanor conviction or deferred adjudication within the past five (5) years. IX. ASSURANCES A. The SERVICE AGENT is accountable for delivery of quality services and shall provide information necessary to enable COUNTY to comply with standards of TJJD and to measure progress toward specified Goals and Outcomes, if applicable. Page 6 Rite of Passage, Inc. BRAZOS COUNTY TX JUVENILE PROBATION FY23.24 Residential Contract B. Under Section 231.006, Family Code, .the SERVICE AGENT certifies that the individual or business entity named in this contract is not ineligible to receive the specified payment and acknowledges that this contract may be terminated, and payment may, be withheld if this certificate is inaccurate. C. The SERVICE AGENT understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation In connection with those funds. SERVICE AGENT further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested and will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through SERVICE -AGENT and the requirement to cooperate is included in any subcontract it awards. D. The SERVICE AGENT will pay all taxes, if any, required by law arising by virtue of the services performed .hereunder. The COUNTY 'is qualified for sales tax exemption pursuant to Section 151.309 of the Texas limited Sales Excise and Use Tax Act. E. The SERVICE AGENT currently meets and shall comply with all applicable state and federal laws and licensing and/or certification requirements pertinent to the SERVICE AGENT's provision of services under this agreement and must notify COUNTY within 24 hours of any future failure to meet licensing requirements. Failure to comply with this requirement will be treated as a default. F. Neither COUNTY nor any employee thereof is an agent of the SERVICE AGENT and neither SERVICE AGENT nor any employee thereof is an agent of COUNTY. This agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. G. SERVICE AGENT agrees to indemnify and hold harmless the COUNTY against any and all claims, lawsuits, settlements, judgments, penalties and expenses, including attorney's fees, with respect to SERVICE AGENT'S performance under this contract for which the SERVICE AGENT is liable. H. No person not a party to this contract may bring a cause of action pursuant to this contract as a third -party beneficiary. This contract may not be interpreted to waive the sovereign immunity of any party to this contract to the extent such a party may have immunity under Texas law. 1. SERVICE AGENT agrees to comply with all applicable laws, regulations and conditions required of TJJD for juvenile boards, juvenile probation departments and their subcontractors. X. 'REPRESENTATION AND WARRANTIES SERVICE AGENT hereby represents and warrants the following: A. That it has all necessary right, title, license, and authority to enter into this Agreement; B. That it carries sufficient Insurance to provide protection to COUNTY under the indemnity provisions as well as for any potential liabilities that arise form or related to this Agreement; and The Service Agency shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please Page 7 Rite of Passage, Inc. BRAZOS COUNTY TX JUVENILE PROBATION FY23-24 Residential Contract note that such Certificates of Insurance and must be issued and then approved by Brazos County :Risk Management. The Certificate of Insurance must be approved by Risk Management before any services can be rendered. ii, The Service Agency shall .furnish and keep in full force the following insurance during the term of this Contract: iii. General Liability with limits for bodily injury andfor property damages of not less than $1,00.0,000 aggregate, with Brazos County named as an additional insured with waiver of subrogation in favor of Brazos County. iv. Professional Liability (Errors and Omissions) Insurance appropriate to the services being provided, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Service Agency maintains broader coverage and/or higher limits than the minimums shown above, Brazos County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Provider. Any available insurance proceeds in excess of the specified minimum limits. of insurance and coverage shall be available to Brazos County. V. Abuse and molestation insurance as an endorsement to the professional liability policy with coverage for damages arising out of actual or threatened physical abuse, mental injury, sexual molestation, negligent: hiring, employment, supervision, investigation, reporting to proper .authorities, and retention of any person for whom the Service Agency is responsible including but not limited to Service Agency and Service Agency's employees and volunteers. Policy endorsement's definition of an insured shall include the Service Agency, and the Service Agency's employees and volunteers. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Any annual aggregate limit shall not be less than $1,000,000. These limits shall be exclusive to this required coverage. Incidents related to or arising out of physical abuse, mental injury, or sexual molestation, whether committed by one or more individuals, and irrespective of the number of incidents or injuries or the time period or area over which the incidents or injuries occur, shall be treated as a separate occurrence for each victim. Coverage shall include the cost of defense and the cost of defense shall be provided outside the coverage limit. A. Commercial Automotive Liability with $1,000,000 CSL for Bodily Injury and Property Damage Liability with Brazos County named as an additional insured with waiver of subrogation in favor of Brazos County. vii. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Service Agency receives notification of contract approval. viii. The Service Agency agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Service Agency's employees and the operation of his equipment. 'The Service Agency also agrees to hold harmless Brazos County from any and all expenses, including- attorney fees, incurred by Brazos .County in litigation or otherwise resisting such claims or liabilities as a result of the Service Agency's employees' activities. Further, the Service Agency agrees to protect, indemnify and hold harmless Brazos County from and against all claims, Page 8 Rite of Passage, Inc. BRAZOS COUNTY TX JUVENILE PROBATION FY23.24 Residential Contract demands and causes of action of every kind and character brought by any employees of the Service Agency against Brazos County.due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Service Agency or Brazos County. C. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code, Chapter 261 and any applicable TJJD administrative rules regarding abuse, neglect and exploitation allegations. XI. FEE ASSESSMENT A. 'Children or -their- families shall not .be assessed •fees for. ,services by the SERVICE AGENT unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of county children for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. B. If a child is eligible for fiscal support from another state agency or organization, the SERVICE AGENT shall ensure that COUNTY is not charged for such fiscal support for which the child is otherwise eligible.. XII. EQUAL OPPORTUNITY A. Services. shall be provided by the SERVICE AGENT in compliance with the Civil Rights Act .of 1964. The SERVICE AGENT will not discriminate against any employee, applicant for employment, or child because of race, religion, sex, national origin, age or handicapped condition. B. The SERVICE AGENT will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, sex, national origin, age, or handicapped condition. XIII.OFFICIALS NOT TO BENEFIT A. No officer, member or employee of COUNTY and no member of its governing body, and no other public officials of the governing body of the locality or localities .in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect in this contract or the proceeds thereof. XIV. TERMINATION A. Termination — Without Cause: This contract may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Any notice or other writing required by this contract shall be deemed given when personally delivered -or mailed certified or registered United States Mail, postage prepaid, addressed as follows: Page 9 Rite of Passage, Inc. BRAZOS COUNTY TX JUVENILE PROBATION FY23=24 Residential Contract Rite of Passage, Inc., Inc. BRAZOS COUNTY TX JUVENILE PROBATION 2560 Business- Pkwy Ste A 1904 W STATE HWY 21 Minden NV.89423 BRYAN, TX 77803 Attn: Rusty Alexander Attn: Chief B. Funding Out Service provider contracts that are funded in whole and in part with grant funds shall be subject to termination without penalty, either .in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. C. Termination —With Cause: The COUNTY may terminate this contract within thirty (30) days of delivery of written notice for SERVICE AGENT'S failure to achieve the defined goals, outcomes, strategies and outputs as set forth in the provisions and attachments to this contract and/or SERVICE AGENT'S failure to comply with all terms and conditions set. forth in this contract. Notice of termination shall be deemed given to SERVICE AGENT when personally delivered or mailed certified or registered United States Mail, postage prepaid at the address listed above in Paragraph A — Termination — Without Cause. D. LIQUIDATED DAMAGES 1. In the event that this contract is terminated for cause by COUNTY, SERVICE AGENT agrees to pay COUNTY for any monies paid for services not rendered by SERVICE AGENT prior to the effective date of termination of this contract. XV. AMENDMENT COUNTY .may amend, modify, or .alter the terms of this Agreement and specify an effective date thereof. COUNTY will then notify SERVICE AGENT in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by SERVICE AGENT will signify its acceptance of these changes. If SERVICE AGENT declines .to accept changes made by COUNTY, SERVICE AGENT may terminate this Agreement subject to the conditions therein. XVI. LAW AND VENUE A. In any legal action .arising under this contract,. the laws of Texas shall apply and venue shall be in Brazos County, Texas. XVII. BOYCOTT A. SERVICE AGENT verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. The term "boycott Israel" is defined by Texas Government Code Section 808.001, effective September 1, 2017. Page 10 lute of Passage, Ina:. BRAZOS COUNTY TX JUVENILE PROBATION FY23.24 Residential Contract Rite. of Passage, Inc. Signature:.. Date:. 08/22/202 Rusty Alexander Business Managing Director BRAZOZC01 TX JUVENILE PROBATION Signatur Chief/Director or Designee Juvenile Probation Depa en Signature: Juvenile Board Representative Date: Date:g3 laq 0,23 Page 11 a y- BRAZOS COUNTY COMMISSIONERS COURT i� & u sT o29 - ON , 20- .�-� , FULLY EXECUTED IN DUPLICATE, EACH OFe-WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BY: DATE: g Q'9 Duane Peters, -Co uAty Judge 200 'S. Texas.Ave_nue, Ste. 332 -Bryan, TX 77803 Phone: 979-3614-102 Fax: 9.79-361-450.3 BRAZOS COUNTY MASTER ARCHITECTURE PROFESSIONAL SERVICES CONTRACT - 2022 PURCHASE ORDER No. 23-OS — BRAZOS COUNTY 361st DISTRICT COURTROOM FINISH OUT This Purchase Order No. 23-05 ("Purchase Order") is entered into between Brazos County, Texas ("the County") and BURDITT CONSULTANTS LLC ("the Architect") on 2023 under the terms and conditions established in the MASTER ARCHITECTURE PROFESSIONAL SERVICES CONTRACT between The County and The Architect dated September 20, 2022 (the "Agreement"). Article I PROJECT UNDERSTANDING 1.01 Preliminary, Final Design, Bidding and Construction Contract Administration Services for an approximately 3,000 SF courtroom finishout. The proposed project site is understood by the Architect to be located at: Brazos County Courthouse, level 03 300 E, 26th Street Bryan, Texas The 361st District Courtroom is located on level 03 of the existing Brazos County Courthouse. The unfinished area to be converted into the courtroom is approximately 3,000 SF. The following minimum preliminary program summarized below was established during a meeting with the County and the Architect: a. Elevated Judge's Bench b. Soundlock entry vestibule c. Council and Client meeting room d. Public Gallery to seat approximately 60-70 in bench style seating e. Elevated Court Coordinator station f. Court Reporter area g. Bailiff Station h. Council tables for plaintiff and defendant 1. Elevated Witness Stand with ADA access. j. Jury Box to seat 14 jury members with ADA access k. Jury Deliberation room to seat 16 individuals I. Single Use Men and Women's restrooms m. AV storage area and/or closet n. All necessary miscellaneous service spaces (mechanical, electrical, IT, utility rooms) for a fully operational and code compliant finish out. 2. All necessary interior improvements, including interior space planning layout, materials and finish selection, mechanical, electrical, plumbing, audio-visual and technology requirements. 3. The anticipated total construction cost of the project is $650,000.00 based on the preliminary total square footage of the existing unfinished space of approximately 3,000 SF and schematic floorplan provided in Exhibit 'A'. Article II SCOPE OF SERVICES (A) The Architect shall provide all applicable services described in the Agreement, and listed below for clarity: (B) Architecture (C) -Mechanical, Electrical, and Plumbing Engineering Burditt Consultants, LLC Page 1 of 3 Wednesday, August 23, 2023 For the following Phases: 11.02 Design Phase (A) Preliminary Design (B) Final Design & Permitting 11.03 Bidding and Construction Phase (A) RFQ Preparations & Evaluation (B) Construction Observation (C) Project Close -Out 11.04 Supplemental Services: (A) Services include certain project requirements potentially necessary for the fulfillment of the Basic Services, but which are treated separately from Basic Services due to unknown need, timing, scope, and/or cost which are indeterminable at the outset of the project until preliminary design matters are determined. (B) Such requirements will be determined collaboratively between the County and the Architect throughout the project duration: Any of these services which the -County determines should be addressed as Supplemental Services by the Architect will be followed by formal proposals from subconsultants to be approved by the County with costs reimbursed to the Architect plus applicable administrative markup fees. (C) A separate budget will be established in the Fee section as a limit for which any required and approved Supplemental Services will draw down from that limit. Services required beyond the original established limited that arise beyond the Architect's reasonable control will be scoped and negotiated with the County as Additional Services following applicable provisions in Article VI. (D) For this project, the potential supplemental project requirements anticipated to include: a) TDLR Registration, RAS Review & Inspection —Required by State and Local requirements for TAS 2012/ADA Compliance Certificate. b) Technology/AV Consulting— Integration of AV/IT equipment into courtroom and existing building. Article III DELIVERABLES 111.01 The Architect shall provide electronic plans, specifications, and Opinions of Probable Cost as required for each applicable phase and as described in the Agreement. Paper copies may be provided upon request by the County, and within limited quantities -agreed upon prior to printing. Article IV SCHEDULE IV.01 The Architect shall complete the design phase (ARTICLE 11, 2.01, A through C of this Purchase Order) within 75 calendar days of notice to proceed (NTP) date, established upon acceptance of this Purchase Order by the County. Project Schedule is subject to modification due to changes in Scope or absence of required County approvals to complete the Project design documents. Article V COMPENSATION V.01 The total not -to -exceed amount payable by the County under this Purchase Order is a Fixed Fee / Lump Sum of $191,700.00 and shall be invoiced as a percentage of completion and as summarized below: Basic Services as listed in Article II Proposed Fee Schedule: (A) Design Phase (A) Preliminary Design (35%) $57,000.00 (B) Final Design & Permitting (40%) $65,000.00 Subtotal $122,000.00 Burditt Consultants, LLC Page 2 of 3 Wednesday, August 23, 2023 (C) Bidding and Construction Phase (A) RFQ Preparations & Evaluation (5%) $8,000.00 (B) Construction Observation & Close -Out i20%1 $32,000.00 Subtotal $40,000.00 Total Basic Services $162,000.00 Supplemental Services: Any anticipated Supplemental Services will be discussed with the County and followed by a scope and actual cost proposal from the proposed subconsultant. This proposal will be submitted to the County for approval prior to engaging the subconsultant. No Supplemental Service cost will be invoiced to the County without prior approval for engagement of the subconsultant, billed monthly on an actual cost incurred basis plus 10°o administrative markup. The following individual Supplemental Services amounts are scheduled to not exceed the probable costs in the following budget (includes 10% markup costs): (C) TDLR Registration / RAS Review & Inspection $2,200.00 (D) Technology/AV $27,500.00 Subtotal $29,700.00 Article VI OTHER PROVISIONS V1.01 The parties agree to the following provisions with respect to this specific Purchase Order: (A) Any services rendered by the Architect beyond those described in ARTICLE II shall be compensated as Additional Services on the same basis set forth in ARTICLE V, or on an hourly not -to -exceed basis at the hourly rates set forth in the Agreement. (8) All terms and conditions of the Agreement are incorporated herein and shall control in the event of a conflict with this Purchase Order. The County and the Architect hereby agree to the terms and conditions of this Purchase Order as of the date set forth above. The individuals signing this Purchase Order represent and warrant that they have the power and authority to enter into this Purchase Order and bind the parties for whom they sign. THE COUNTY: THE ARCHITECT: By: By: Name: Name: Rebecca Krohn, AIA, NCARB Title. ��` Title: Director of Architecture Burditt Consultants, LLC Page 3 of 3 Wednesday, August.23, 2023 JUDGE REPORTE BAILIFF JUDGE PRIVATE ACCESS TO JUDGE'S OFFICE CLERK a ELEVATEDFUL WITNESS ADA ACCESS R P x m .. ..f,..�.if.�.._. a �........._.._ 10 .. W r .., MEN li WOMEN QFR Fm EXISTING COLUMNg�.� TO REMAIN ..�„ PLANTIFF L I DEFENDANT p�..+✓��p' /Y��y�� 1 �TL� C/'O�L�jU�MN/�� JURY V�W.'f4EY�1!W�'l'OQit� Y�Y,� LJ. LJ LJ'L.l LJ LJ L +-5-- DELIBERATION n � N PUBLIC GALLERY COUNCIL & CLIENT MEETING ROOM SOUNDLO 0 CK O VESTIBULE Z� W 0 Brazos County — 361 st Floor Courtroom Finish Out gURD�'I"�1 Scope Of Services L a n d I P l a c e 300 E 26th St, Bryan, TX 77803 Client: Brazos County Location: Brazos County Courthouse -3rd level Project Understanding: Burditt Consultants is to provide architectural, engineering, AV/IT consulting services for the finish out construction of the 361 st District Courtroom in the Brazos County Courthouse. The space is approximately 3,000 SF including entry vestibule, one (1) council/client room, one (1) public gallery area that can seat approximately 60-70 individuals, two (2) council tables, one (1) bailiff station, one (1) court reporter area, one (1) Judge's bench in an elevated position, one (1) court coordinator area, one (1) witness stand with ADA access, one (1) Jury box for 14 individuals with ADA access. Also included in the program of space includes one (1) jury deliberation room to seat up to 16 individuals with a coffee maker, mini refrigerator, and one (1) large video monitor with access to a single -use men and women's restroom. The Judge requires private access to personal office through a private hallway behind the courtroom. Please note, Judge's office is not included in the scope. The materials, finishes, mechanical, plumbing, and electrical, IT, and AV systems will reflect Brazos Count's existing courtrooms. The mechanical, plumbing and electrical systems have been stubbed out for finish out purposes in a previous renovation phase and there is currently a fire sprinkler system installed in the existing unfinished space. Features of the courtroom will include but not limited to large video displays, controlled access to Judge bench, specialty AV equipment to allow for recording and videoing court proceedings, enhanced soundproofing and sound control for privacy, The courtroom finish -out is located within the Brazos County Courthouse on level 03. The approximate construction budget is currently understood to be approximately $650,000.00. Brazos County wishes to develop the design into Construction Documents to competitively bid and award a Contractor to construct the Work in conformance with the design. Finish Out includes: • Elevated Judges Bench area to connect to private hallway • Entry vestibule • Council and client meeting room • Council tables for plaintiff and defendant • Bailiff Station • Court coordinator area • Public gallery area to seat approximately 60-70 in bench style seating with large monitors for view angles. • Elevated court reporter area in the vicinity of Judges bench with'/z door entry. • Elevated witness stand with ADA access - ramp or powered lift. • Jury Box for 16 jury members with elevated risers and ADA access - ramp or powered lift. • Jury Deliberation room with large conference table for 16 individuals, provide power requirements for large video monitor, coffee maker, and mini refrigerator. • Single -Use Men and Women's restroom for Jury members. • AV closet This project & the idea herein, as an instrument of professional service, is the property of the architect.& is not to be used in whole or in part, without the authorization of Burditt Consultants, LLC. These documents are for interim review and are not for regulatory approval, bidding, permit, or construction purposes. IQ # 24-012 Grit Trap Pumping October 1, 2023 - September 30, 2025 G&L Wastewater LLC, Cost per Gallon Location Pumped Exposition Center - 750 $0.80 Gallon Tank Exposition Center - 500 $0.80 Gallon Tank Fleet Services - 2000 Gallon $0.80 Tank Juvenile Detention Center- $0.80 500 Gallon Tank How many days will service be done after request for 3 service? Recommended Award: G&L Wastewater, LLC Approved by Co issioner's Court on this day of /mu& l.� s t , 2023 by holding the position of C a U C `{ REQUEST FOR INFORMAL QUOTE IQ NO.24-012 Grit Trap Pumping INFORMAL QUOTES TO BE SUBMITTED BEFORE: Thursday, August 3, 2023 2:OOpm CST TO THE: BRAZOSCOUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this informal quote from the issuing date of the solicitation until the date the Brazos County Commissioners Court meets to consider award of the quote. Any such contact will be grounds for rejection of the Respondent's quote. In compliance with this solicitation, the .undersigned Respondent(s) having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following quote for furnishing the material and/or services listed on the attached quote form and agrees to deliver said items at the locations and for the prices set lforth. oW nthe quote for`m,. n Company N e:C-Z4 `� a wa-kr Sevv t ] . 1 f IF By (Print): �� . Title: Physical Address: Mailing Address: Telephone: " 1-1, II' . cor Quote Request No. 24-012 Page 2 of 12 Quotes will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 a.m., Thursday, August 3. 2023. at which time quotes will be publicly opened and read aloud. A. SCOPE OF QUOTE Brazos County is soliciting quotes for pumping of grit traps and disposal of the contents. Grit traps are to be pumped a minimum of four (4) times per year per contract period in addition to an "as needed" basis. To visually inspect the pump locations, please call Ernest Stutts at 979-361- 4460. 1. Locations of Grit Traps: a. Brazos County Exposition Complex: Fourteen (14) Grit Traps: Seven (7) traps with 750-gallon capacity, seven (7) with 500-gallons capacity b. Brazos County Fleet Services Building: One (1) Grit trap with 2000 gallons capacity c. Brazos County Juvenile Building: One (1) Grit trap with 500 gallons capacity Quotes are solicited for grit trap pumping services set forth in this quote request for a two (2) year period beginning October 1.2023, through September 30, 2025, in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING . 1. The following instructions apply to all quotes and become a part of terms and conditions of any quote submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this quote request. All Respondent(s) are required to be informed of these Terms and Conditions and will be held responsible for having done so: 2. Definitions: In order to simplify the language throughout this quote, the following definitions shall apply: a. BRAZOS COUNTY - Same 'as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful bidder(s) of this quote request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this quote request. g. RESPONDENT — Any supplier or vendor responding to the quote request. 3. Upon acceptance and approval by the Commissioners' Court, this quote effects a working contract between Brazos County and the Contractor for the period designated. IQ No. 24-012 Page 3 of 12 4. Quotes must be received by the Purchasing Office prior to the time and date specified. The mere fact that the quote was dispatched will not be considered; the Respondent(s) must have the quote actually delivered to and received by the Purchasing Department. 5. The County reserves the right to accept or reject in part or in whole, any quotes submitted, and to waive any technicalities for the best interest of the County. 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered. Contractors with questions regarding the quote should submit them in writing via the Brazos Valley Online Bidding System at https://brazosbid.ionwave.net. 7. Brazos County reserves the right to reject any quote that does not fully respond to each specified item. 8. Respondent(s) must include Tax Identification Number for the quote to be valid. 9. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable and may not be reassigned by either party. 10. The County may cancel this contract at any time for any reason, provided a thirty -day written notice is given. 11. The quote award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Extended price c. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products quoted h. Vendor's past performance record with Brazos County. 12. Although the cost of products to be provided is an essential part of the quote, Brazos County is not obligated to award a contract on the sole basis of cost but will award to the Respondent considered to be the best value to Brazos County. 13. Acceptance of merchandise, work, and/or equipment provided shall be made by the 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 the County of any and all documentation as may be required. 14. 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. IQ No. 24-012 Page 4 of 12 15. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement, when applicable. 16. Quotes must be submitted on quantities and units of measure specified by the quote documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also quotes on the quantity specified. 17. Quotes must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the quote to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the quote, the entire order or contract may be canceled, and the Respondent barred from bidding in future solicitations. 18. Quotes cannot be altered after receiving time. No quote may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 19. Quotes must be submitted on this form and returned in a sealed envelope clearly marked with Vendor Name and Quote Number to ensure proper recognition upon its arrival. Quotes will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a quote be considered if submitted to any other person or department other than specifically instructed. Quotes not received prior to the expressed date and time listed in this quote will be rejected or returned unopened to the vendor. Quotes submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted. 20. It is the Respondent's sole responsibility to print and review all pages of the quote document, attachments, questions and responses, addenda, and special notices. The Certification of Quote 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 Quote Form renders quote 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 quote. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Respondent(s) agrees to provide Brazos County the "Certificate of Interested Parties, "Form 1295 as required, pending award, renewal, amended or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf info form1295.htai for more information. 21. 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. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall IQ No. 24-012 Page 5 of 12 acknowledge receipt of all addenda. 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. 22. It is our policy not to famish quote results over the phone. Informal Quote results and tabulation sheets will be posted on the Brazos Valley Online Bidding System (lhttos://brazosbiddonwave.net) after quote award by Commissioner's Court. 23. Brazos County reserves the right to extend this contract annually for a maximum of three (3) additional, one (1) year, periods with no changes in the terms or conditions of this contract, if agreed upon by both parties. 24. The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. 25. Three (3) references are to be provided by the Respondent. Failure to submit references may result in disqualification of quote. Brazos County department references will not be accepted. 26. Contractor- shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 27. Any subcontracting must be approved prior to commencement of the contract by Brazos County. 28. Any variation from the specifications in this quote document must be indicated on the quote or on a separate attachment to the quote and labeled as such. 29. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Quotes on similar items of like quality will be considered only if it is noted in the quote documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages or quantity of the items listed in the quote. If notation of substitution in not made, it is assumed the vendor is quoting the item specified. 30. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the quote, they are estimated quantities used for calculating purposes only. 31. In the event the Contractor is unable to famish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this contract to be canceled. 32. 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 IQ No. 24-012 Page 6 of 12 the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. 33. The Contractor should submit itemized invoices with clearly marked remittance copies to the following address: Brazos County ATTN: Auditors 200 South Texas Ave, Suite 218 Bryan, TX 77803 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 -days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the Contractor only, and shall not include sub- contractors, assignees, or any other party. 34. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in quote prices. Tax Exemption Certificates can be obtained upon request from County. 35. Upon award of contract for any commodity or materials purchased by Brazos County, the Contractor agrees to protect the county from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 36. Unless otherwise specified, all items ordered from the Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 37. This quote shall be governed by the laws of the State of Texas and 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. Venue shall he exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 38. The Respondent(s) understands that Brazos County is a government subject to Texas State and Federal public information statutes. 39. 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. C.INSURANCE REOi HZEMIENTS 1. The Contractor shallinstruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section IQ No. 24-012 Page 7 of 12 unless otherwise negotiated and agreed by both parties. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The -Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Contractor shall famish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation or $1,000,000 Employer's Liability Insurance with waiver of subrogation. b. General Liability with limits for bodily injury and for property damages of not less than $2,000,000 aggregate, $1,000,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. c. Commercial Automotive Liability with $1,000,000 CSL for Bodily Injury and Property Damage Liability. d. Cargo Insurance to sufficiently cover materials transported. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Contractor receives notification of award. 4. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the vendor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the vendor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. D. SPECIFICATIONS 1. Brazos County Department will schedule pump cleanings a minimum of four (4) times per year during a contract period in addition to an "as needed" basis. 2. It is the Contractors responsibility to dispose of all pumped material in accordance with all state and local laws, rules, and regulations. 3. Contractor is required to maintain current up to date licenses, permits, and certifications to be in compliance with all state and local laws, rules, and regulations. 4. Contractor will invoice the requesting department as well as provide a weight ticket at time of invoicing to ensure proper payment will be made by Brazos County. IQ No. 24-012 Page 8 of 12 E. QUOTATIONS The following is an estimate of our anticipated schedule grit trap pumps and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. Location Quantity Gallon/Tank Cost/Gallon Pumped 1 Exposition Center Seven 7 () 750 4 d G� 5827 Leonard Road � o oy, 2 Exposition Center 5827 Leonard Road Seven (7) 500 � g� ce�4s I r> 1v-�,,�� 3 Fleet Services Facility One (1) 2000 m� C' 1601 Louis St a oeu 4Juvenile Detention One () 1 5oo gb G�iS Tlq�1904 `�I.I� W State Hwy 21 Gl 0(\ 5 How many days will service be done after request? /days `S- W Name: , 6 Contact Information for �✓ O V"% a or Ain', �� Service Request: Qj Phone #: IQ No. 24-012 Page 9 of 12 F.REFERENCES Respondent(s) shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of quote. Respondent(s) are not allowed to use Brazos County as a reference. . Company/Entity: Contact: 1 b(�i O� l l0 �' �� Phone: C) lULA 19 Email: -t- M t e. Company/Entity: _ Contact: T k' C ..3m\-A-k Phone: 91R— � "t k4p A a Qa Email: Company/Entity: V C-e. G:YyrD I,, JA a � Contact: c 1 e UR-roarOez- Phone: S9D2 LD K Email: - i 6rrt6m 4,e-c- ra -k wS A LET IQ No. 24-012 Page 10 of 12 G. CERTIFICATION OF QUOTE By signing the certification below, the Respondent verifies that all plans and specifications have been reviewed and are considered in the pricing attached. Prior to award, the Respondent also completes the Verification of No Delinquent Taxes or Fees form (V.T.C.A. LOCAL GOVERNMENT CODE §262.0276), Legislative Certification Form, and the Disclosure of Interested Parties (1295). These are available on the Brazos County Purchasing website. The undersigned affirms that they are duly authorized execute this contract, that this quote has not been prepared in collusion with any other vendor, and that the contents of this quote have not been communicated tg-py other venounPrior to the official opening of this quote. Signed By: Typed Name: _ Company Name: Phone: q 1 oae-D-b—sTitle: �'-' ow � L �&! as 6Aakr aceS , LLC, r:W1mG Mailing Address: ``t' Q �� o�-Jc) 3 �Y'e�vtih�VY� , i k Email Address: 0� l Vendor Tax Identification Number: c, � � 6L',1, ccrrv� 4v— END OF INFORMAL QUOTE REQUEST NO.24-012 By signing below, Brazos County agrees that this quote, 24-012, will be awarded as dictated on the associated quote tabulation sheet, to the vendor whose name appears above and both parties agree to the terms and co rtions con ' ed herein. By: Brazos County Commissioner's Court: Pu.., it P e-«s , Co u vi-r-'I -'TuLD&C Date: A m& u-s l a9 , -.o a3 Attest: Brazos County Clerk: K,'r-aq Mc c Q ugeli The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. QlReferences (Section F) ❑ All Addendums (if applicable) 0 Certification of Bid (Section n DEPARTMENT: BRAZOS COUNTY BRYAN,TEXAS Road and Bridge NUMBER: DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: SOURCE OF FUNDS: ATTACHMENTS: File Name Utility Permit --Wickson Greek—SUD_- Old Refance Road - _Crossing 335_NE_of Merka_Road.pdf 8/29/2023 CC 2023 - Utility Permit- Wickson Creek SUD - Old Reliance Road - Crossing 335' NE of Merka Road Consider and take action on the Wickson Creek SUD utility permit to conduct an 80' road bore for a 1-inch waterline crossing under Old Reliance Road located 335' NE of Merka Road. Site is located in Precinct 2. Commissioners Court Darrell Kolwes 08/22/2023 False False $0.00 i Description Utility Permit - Wickson Creek SUD - Old Reliance Road - Crossing 335' NE of Merka Road Tyne_ Backup Material APPROVE ` a� lad; Duane Peters Date County Judge . ... . . .......... . ... ... ....... . - Ro:'a**a. Name i'fi d M6, . ............. .. . .... ... .... ..... . .. .. . ............. .... . .. .... .... . .. ..... . . ...... ..... .... . . . . . ...... .... . .... w.;... ... .... .. ..... ..... .. ....... ..... ........ . ......... .. ..... .. . .. .... ... ..... ...... :1. - . ... .... ...... . ..... . ........ . .... . . ..... .... I ROAD ROAK AHEAD Rl A ROAD ROADWORK i1 ... . .. A EM 'AHEAD M ROAD Im �Io, C ..0-1 V.D .48-1 x is- see%e, IF 4- 4220.2 do- x 20- 4see, note 2�4% nol. 2.1 24- Is" MWIPA ORK D X vonwell: go, IF -'LEGEND" IjOe 3 Derflem, e a manneWma Devices Mu. {roes Yb.rnaa 'lag! . 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Or. 01w per"I SAMMIG 00 Ow row "a umoatir. -.0 iloct of 07i-10 ROAD LL A. -,,Duo IMAp 4 ur alga fw w AftculIwo, cones o ;omt foomme. ROAD. AHEAD ROAD WORN WORK,: 'AHEAD .10Yi a, x 24. Ro A ;C 4 7 .50 5" f4t* VA .1z . . :. :. : i +. . . .. .. . .. . 40 X 40 Rh - 4 "RK C1120, to lop 0. TIOJRK See, tool, 1) As- 1 40-� IF 1:9 AHEAD so 'A;IF IF 020-2* : - ., . -OAtrlor 14- rincirp voop000mmon .4s" norom 21A .. . .. . .. :'-TRAFFIC CONTROL PLAN - ... . . .. ... .. • .... .. .Sea. note IF. •CONVENTIONAL ROAD.' SHOULDER MORK... TCP (2-101 TCP (2' WORK SPACE NEAR' SHOULDER WORK' SPACE ON SHOULDER— WORK' SHOULDER ..w fwwwl-o-ok Convent,lonol.Roods-- Convent lonol.: Roads-:, Conventlonol:Roods.- 4-0 t"I lar .0 131 n" } TN '•.ff't "i '°•+.. i .['tTF� S I" •+ ^ ,-,1 .+� Ly,�� } ��, r to �M� r - _, ` " Y Tr � '~S r "L� - ;4t' �-•t.� 1.. r,j„ ti y �P �. qq Yti • r t K. i'Sr � � � s `n�i 1 r J ryi .. l� - •.f_... �� - !` � � r ` t yJJ � c• +t�' y-, `J,.f�, {.y�, � 4 . ." .. '' r �9�. '�.ba r ' e + k�• �M "� ~ •, S ' { ��4i ♦ S +,,...Fi.=e ffi.a �1 � `' A'• J + a � ' Ft�Kr 'i '�'�r '«j. i�=�a t `' � s - ,S . � �:-.•• :';� ��. , _ + • ''-�' i ,Y, ti i�, ate++�� :r 1 r� ° ,y iti,..�. :s * 't „� haw ��'tFx sr, •h.�ro ....a,a �.�.�^.�" `n+r a '�? � - .. - _ � Fib' iarL%� r •r •' '�*' r' •' ' ,lfi �l,`�� '�'i ._ X � " '�Y'' w• �� yl °i 'i` _ . '""�}.. •; ,�t r r r� A.S ,;Y r�"+�'. Vyll. :i `•iV '7 ~ !^ ••�;,'L y�`w'G3; t�{ uS. r .Y, rjy r t' �' �:•' Jti% Q- ,,. .. . '>'' , �� • i _ *,.•�" � a � � ".- �'!' It �,..1.4 Al �`• s.+1• r •� ''"' a aS'r;t ay .�, s" %�=1h it ' .w �f:' I ar w b - '�-•rrwP' ' `— � V fir �; ua ' ,,.� � ''p� •..441tl l S M '•.t„r„ •ti-r •, .4•t` 1 • wa ,St �.S. -'' �., ' f.,P sf �' "'� .%jr., + t AF.... 1 �Y'1 �.�. '11 �1,.. _ * •'?}d, '•.i...� °w. :. ", Q. 4 : i ... iy �� y . yL; �Lt't. �. ' r• +At- r,. Jti 80 MI M c. TxDOT Standard Specification Item 476 shall be followed -for all boring; jacking, tunneling and joints. .9.. Bore Pits: a.. no pits shall remain open longer:than 2 days;.:: ' . .b.-' all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.: :. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d.. when pits are to remain open: for more than 8 hours, due diligence will be. used in protecting the spoil . pile.to prevent drainage problems;: 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 abnditions, 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 backfllling. 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'arnd pavemerif'rnaterials shall be removed and'restoredto the satisfaction of the ' County Engineer or his representatives. f. no'side or lateral tamping.to fill voids under the base and pavement materials is allowed. :1 L. . Company 'must be careful to not jeopardize the slope or integrity of the shoulder of the road.... In the.event .: Company damages the:slope, sh'oUlder or any other portion of theright-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 traveled surface of any -imp roved County'.. road will not be peri''tted,'except in'an instance.'whereby the laying, coristruction; 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. Appiopriate traffic control shall be provided meeting. TMUTCD.requiretiients..:. . 13. In the event said construction andlar maintenance and/or repair•requi'res 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. J.. 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.noti Coup En inset within 24.hours•'of.be' innin consfruction/re ,airs.:-This'will;allow the-:::? •.:.;. .: :. fY : tY:. 1..... g g P ` ' County Engineer's"Office an opportunity to inspect the site to: ensure the integrity of the County' Righf of:: W.ay;and traffic safetycontrols used::.:: '' . ::... F` ;:Repairs to sods kfacilities' :.I';:'Maintenanceand/orxepair•toexistingoables,:cond'uits,.ari..p.rp'olejinei' ichrequire:disturbanceofa(ie_....'.: •. ;soil, shall not be O'erformed.u% ntil laps descrtbin such`;maintenance and/or re atr have been: a roved b :.•;:'the County Engineer or..its designated representative and a perhiit has been obtained. .... G.. Relocation`ot utilities '' '1 ::•• :When and if the County;Engineer;detetmines. that it is: necessary fo'r the construction,�repair, improvement, :. alteratton or relocation`of all. or an onion`of said road; an ' orall' soles wires, i es, table's"o'r other ::•........ _ Y p Y p facilities::and'appurtenances'authorized .hereunder 'shall be removed from''said road or reset or'relocated'- thereon as re uired b V the Coun :En- inset within a reasonabie''tini .6 as:determined b• the Coun 9. Y' tY::...g.. Y•..... ry... En lineer and 17tili Com "an , and at the ex ease of the Utlli Com any:'.` : g .......... tY . Y ...... P . : :P. H ; Hieh'Pressure Pidelines':.. : 1 All utilityPermits' or high'pressure'pipelin s'(gen6ally;60 PSl :oi• greater);.whether pertaining t.:•':: controlled access.or:"non-controlled'kdess•installations;.should contain'the following additional .° ..., . :. :..:.anformationin tli'e� description of theipermit, ::.. � � ..... . -_diameter .. • :... ... .. .. .. ... .. •. .. • . •:::. : -wal! tFiicicness .materials p.ecifcativn.: :".. . -minimum field strength :. ipaxiniuni operation pressure of the pipeline:::. 2,: `. With'ttie:exception:ofthe:maximum;;opera6 '';ressure of the'' i' aline, this informatiori;is:to be'su lied' for both :the.carrier: ' i ' e aril the casin p::: , p. P::...: , : PP...... . 3.=:Assurarie'emust also be given fhat;thci installstion'material•and design ineef.the rriiiiirrium.Federal Safety;; •. Standards'for.'Li uid and Gas Pi a Lines. Assurance must be " rovuled on tom an letterhead and"'si ned :.b an authorized:ce 'resentatWe. fthe'corri' an :::' :..::':..: :.Y :::.:... :P,:. p..Y... • : ::..:. . :..:... .4: -Petroleum: Pipelines: ` ' ''.::'::.. . . : D'c ::th: ... . :. :. . Tvue of•Pineline.:;': :(below deepest ditch'grade� Soecial:R'epuireiinedf§ .. • Pipe .. ;.; Less -than` 1:0...::: ,..:. Must• be covered.with concrete pad.at:least 36 :..deep ... .... :. . Encased Pipe ' ; • ':Greater than 10' ? ;: ;, No sonc'rete •padregiiired.„ . ; Non Cased Pipe Less than 10':'.:' 1Vlust be covered;w�th concrete pad.at;aeast 48' deep .:Non Cased.Pipe :;'Omit& than'.10'•::•:• Igo concrete. -pad required Conprete•pad:shall, lie minimum' of:3" thick and width`shall be; pi � e;diameter: 1: i:18" minimum: : :.•. =: ... P.P .:. .::..p. S. Underno' circumstances wi11 a pipeline be:izistalled parallelaoa.Couiity Road.within'theatight-of; , , ;:.;:• . :: •':• inshe•bn iedto bepetrolepeWay Transmtssioleavdipines (whtch includes natural : ases linand shall.nat lie: ' arallel to'a County. Road:= 6'., ;Natural;Gas'Distribution is a line that°serves:the-final'customer: V ... ..... .. .. .... ..... ... ... .......... '90008,- 1 0 UOI:4UOAUOO; SPOOH.: I DUO J-4:1L19AU06 9PD6U'::'j OUO:l 4UOAU03- H3d:1nOHS,.NO STIDIA3A. )MON .83ainOHS NO 33VdS-)1HOM-:-' Jj3dinoPs UV3N .33Vd5 - TUOM (0: (. - Z).'. 431 - q: .. .. . ... ... .... . .. . -1VNO1 V43ANW; .NT1d 10MIN0D ON081; QV3HV ::41 . .. . ...... dvo am Mliv dvo Sic; Om -�wlnowz a vLpblv Qv]w wwa om. - Fl-lm'ia #=I* ul ows on Am uOps..saw ONT*4. S-11:0 ?I ..usilroul OoAoo juj w* mAo 4W " Pull ADA.jo,sU1Sjj.: WI ow jWWAd, go DjFftf &VftdjFW Aqj* tj* 1kAA%UM MAGA IlAt6*001 *-Amft as ..azm:wA.. j"j as. ierw lai# Inf-Po Dom liasoo imu.-A fam'A'ag (.4q;j; 1. list doj.Va*. *tjjoj& 3. "Is lou6 4"io ospaw Oo r ivaA 1,4wA if I'A"i wl G4 -of Dauc:411ca w � It w.-sAw o"m • kA4 oulAmAjo, xl"aw sno;&j. N~-o -.4 in -A' cus j.. eq PICA, I 1�6 ust. o1slum -aspoiss'?, mioll om,.T.A Gulsollimo: "Aw aasl - A . . .. 'Dulupol) 'Cupt, 11, J1!-r!uP.U-AVIU VUO WU UJ!* 4451WA AGDOUS tilt UXUA WI Win AS DMIS: so D�Msu .101jaim out a j. E aUI4wj As ja -BUDIa. As D:F:c W.QQS) 94 PaAajoft.�' '� &XAUMUI= .. ... ... . .. A" .Mvt im ~ oassf-eaal�: Nauss Albol.s. ow, USIA M .F4,L91. --9QA oakdAws. &!ajofu .. .. .... ... .. T II mbw-A*11D so ousiwjj I ACY '7 a SVK21UjW 0 1 D81 4bVU)JIVI%t I AU14011TIS nail • A"MOSMS -so outi.- louSioutp . . L. 2001 ..wi "�001.1IMID go 101M, •Aq oisjo,4 so cowl W2 "nil sin, I 31viefrufulls I is pam"as soojD. • v&21 jrlv*"U3Rw '35vin 9waidli 7'. .:sxw�. go Uma O.DU 4-ja fGoj AANG. uj . ..... Alva vDc9kp.k"2sU2ijM� is At UASO 0, j"oj&c o4oluok 11." ! .. - . ;.. . . " . - .01 . 'as, sl- u dielom. moss .0% 54 -Oob S?u As& Ait, .00e ..DL UPS 1.011 Xot j 4011, .904 - - u� I 77-501)_31- A- .41 j op IN Via:• we se a k_00-v, J. gap -Man ... An: 00 ON0010 .. ............ A BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: CC 2023 - Utility Permit - Wildfire Road and Bridge NUMBER: Energy Operating, LLC - Macey Road - 2,200' of temporary water I DATE OF COURT MEETING: 8/29/2023 ITEM: Considerand take action on the Wildfire Energy Operating, LLC utility permit to lay a 12" temporary water Una a distance of 2,200 feet along the right of way of Macey Road between Tabor Road and Old Bundick Road. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 08/24/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: He Name Deb r ton ]� Utllity_Permit - Wild6re Energy Operatlng LLC= Utility Permit - Wildfire Energy Operating, LLC - Macey Backup Material Macey_Road� Road - 2,200' of temporary water line 2 200 of temporary_water Une.pdf 0 APPRO ane Peters Date County Judge Read Nimd*&:-O'Iilcikx.,tN4�UIM�bc;,r,:,:..,:".,."Cf�ssing:,!:,..,:.,..:.:... -orcoNsrituatow, 7 7Y.PH, . ... .... .... . (Cl MCKONC) red ....Jacked ..Driven --- w. mw .. ... .. Read Name pd.Blockc, 13cp1h JU.UUu5l I U LMVuTz ...... .. . ..... ' UM .4 i f IdUld .... .... .. ........ ...... .. ... .. . [7-7 ... .... �'1 � � �` •t 1 . % ..�' :r' � ,r�. ,,..L .� , �•c.,.,� �� . #e•�.,, n,,.- 1 ._ ,,� � .� st aiea iocapons ack=:ofigft-of.waj :_Powers°®:O.toll ::........................................... phone ...to.:4;:f ............ :.° ::: Gas:::: ` 4 fo 6,f :.:.::::.. .... ....---...................... . .......... :: :...::Cable:=4 to 8:f d' pe;ofutil ty; The;locations;shall;b;c';as follows:':(measured ftokd :.... ................... .:...:.: :.::.:.::- - ...... _.. .......... 3':::: .......... ............ .................... . ..................................... .... . ................... ty:not.:be:longer:than::400' .................. .... . ................................................. . 'c:. ,�Tx170T.Standard Specification :ltein :476 shall, be followed for all Boring; jacking, tunneling and joints: . ; �•B o e ts: m a en lori er than 2 da'`'s::: ; .. :: •.no pits shall rema :b. .all; its shall'kiaveproper traffic control Measures in place; $;ee Traffic Control lylar ;listed:aliove::: pits shall NOT•be located within ten (;1,0) fe'et;from ;the edge: pavement without prior approval ;from :.:. the County• Engineer. or hi's;'representative; •;: . .• d,::: when pits are to:"remain open: for; more thid'g h`ours,"dt e'd• ligepge will be used in protecfipg the'spoil ' pile 6 prevent drainage problems, " e: ':.based upon soil conditions, the'County Engineer or his representative may require•shoring to protect pi p-avemenf:infe . gr ty; f.'' n.eer•or his'rer..e.sentative. maY require .0 it.s be iaced:: . ` .p. . further from the-edg a of road::::::::: . tnstallat�on within ten (l0):feet:of;edge;:of,payemenf shall meetthe.:following: ". :. . a. - ,location must be approved b the Coun En ineer or his representative ::. t...:.....:.:.:.....:.... y :....Tty •.::. _..backfilled:with cement stabilized material; C. based upon soil conditions , the County Engineer or his representative may° require shoring tij::..::::: . ::. :.... rotect; avement rote rity.;:% € ::.?' g P...::....P.....::.:: :d.: all, excess water and mud shall..be:.i'emoved fromthe.trencl;prior to backfillirig:..Aiiy:backfill:placed :. ; ?•;': during a rainy, period or at:otlier°times: where:excess'water:cannot lie prevented from.enteritig the : , ... " ;•tr6n'ch:Mll be considered TEMPORARY and shall .be replaced with.PERMANENT cement stab.. I .. , ...... ........ :.. :..: >.• . :...::.:...:.. a r l as soo a e;:• .°`all,'disturbe'd;base°and'. avement.materials shall be.remov.•ed and ;restored to the'satisfaction;of the ` : ?." County.;Erigine0i:dr hkiiepre§eiitatives. : f:..:'; no s�de;or• lateral tamping to.fl'I;voids.under the base and pavement'mate . s is allowed.;;? Company must be.careful-to not jeopardize the.slope, or,:-i itoi ty of the shoulder. of the road:` �ln:the ` :.Company. damages.ttie:slope,".shoulder or any other portion of the: right -of --way, Company will be hd wythd ton rghtof ditiont:waot'.pairng'te:anageand replactno ............. coeconsucom ::::.• oconstruction,and/or maintenance e• ut ment on the;traveled.surface of an tin roved Coffin ' p .:..., ... n : q.,::.p....:......•.Y ,p.:-:.::..::n' ... : road .'w ll.not, fie. erm.itted,: exce tan" instance :whereby sthe: lay.!xig; *construction; -maintenance andlor ,. :::..repair of cables, conduits'and/or! pole Dries ;cannot be' accompl%stied by any other.iriethod;and °in'i its event .. `all sucn.gqutpment shall,be.:pf the rubber,tire variety Appropriate�traffic c';oritrol•shall be.provrded•' :. .• •:: �meet�ng:TMUTCD'requ�rements ••• : .' •' . d P q:... p Y 13.. aeo ardtze ana'sect on of..the road �as halt cementmroad.base� etc.. uCom an will be re wired to �cov de :.:... J ._ P............. Y. ...:....: ::. P... ... p '' a:performance: bopd or'letter of credit secucipg'tiece§nary repairs; ..Said, bond'amount will. b'e:deterrrtined by the Coun ' ' Ei' ineer;:.:.: . .......... . r ............ ........... ... 14.:The a .' '] Gant shallaubmit a°letter of_..`No Q. g0tion",from ahe;Aririy Corps.of Engineers. , all. ` PP n .... e :.-::desi ' •; - gnated wetlandsin environmentally:'se• titiv Ian ds.......••';; , , l; ; .ln the:eyerit ComOO. is required'to;perfotm.'emergency.seryices that require's,excavatiori;it :a.Coiinty': Ri lit • • ' •°• �'• •• -• of Wa -and'unable'to.noti th6tounty En ineer: rear to.conduetin emer enc . re ,airs Cam 'an ••': � :.;:. '• " • eazrs typo 3 Ovri:a:ae Cranflattyinp Oerlcee' neory•tra'rt;vmlpaa G67' eraser ttdtnrea arrera a r Cr{el/ef'tlpVlfeO '. OOr10D1d,'MofldeoDll. '- rooenlno arroe Bod'd M wa*oa sloe tVeasr . . i.. EIOfl '• IYOffic r10e, :• rteo..;:: •. itoo0er . .. . ;,.. nAHEAO . AR KD:. iN6' ..... : ROAM VnRK Soa nor ; {a:•, cpD•Y. • Pa_ •� .. ... �o• % ad,• �: • Cg I S nara tt I aep'i 2a•' :=P IS" noN 21A. .• $ tied, rota'Yr0 Ycw- WORK AHEAD r •;'I 6 •1T : (,• .. .. .. • • C .D* x ad,•.. � . ,' ?f k 4.1i «R . .. ,: IC taps• .. .. + .�... ,•.. .. is h;R g ... ..b b g$ p h:. Ir or �r a wpTellnr : $see, Noeo: li .. :::: y '' • h... .. : ror�t: aperar ton::: n. .AP . .. ss �: •..,:..... ^. ..r .:: �. ".' '. ••t/: x L •rn oP TQ• riF,r Fear Cfn or onaei i,Iil, S•Poaieo sOecAIw fih .. ., . .. ... euen emote 4e � � . . d.. :•' 15• m°C a eror i" TYPICAL 'USAGE s 9i or oreos ►aM000ro+co tram 1.; gh enorrrlanp derteea r .. a. • I" toroa or rrorrte Dr I' 1 ,vatr.rerr . tnttPrEdalE taro Trw+ h nay be ml reed. it era �• • . fl arleee 7:i= � r. Is�ellan STtl lodaaT tEpp •SraTlo%aqr SLt.fpuai• .,Ma reek owed•$* a mtn.mr% it .. i inp ';'I,','•• ... . .� r tr me .: " .. :: ... :... ..*` or oiiir;mee.i w osn °eeorrear rroreled .ey. $) ® ucdllE .. t" •". NOTES .� . GENERAL . '..::.'d8Y ; : ': . • ,n j teed, rorod a 0.31 ... .. ... ,- ..... .. .. ... .... �t,' ; pew+. ACOP: r: .... .. .... .. ... .... .. .. ., . _ .. :...� �...-.. .... 7 n�iro/Iie�d,°rtrroigaavtrae tpUs reredeorEeRL0a1 ro..eruo..n+�rr •'•. 5 o x fY`• .. w .... .... ...... .: �.:.. • ��,� ...� . .. ... .. ...:.. .. r.. r et lfl r vt u a { ermnr.e .ern nmw.tn . _ :. .....m. •;. '.:. .. ar„rwo hold ft 010 vary grri ororo30 !"1rnr (ran . S4ga tied, rates a * 41 D { - .. .. •,.I .: �m;k "7.Srao O:red,rr;ario{ aI1d11a ee PlOaro d'n:nlAln of 10 rnrfroa Su .. .., .. •r' " 6 a neorae v .. +gam• • . I , '; - .. . ' • ^ . srmo. venidte earn lw ma nib (nremiry rororiro,'flatntrq.•• . •:. 1: olcu{oilna a arrow Ilfjre. '► 7nopoe rrnfNe •Irn a tad ~4 De . fi tbee rasa a't b eapa• rtar.1, eon to posiliora 30 to too feel in oorenee of rg b h C .. .. w.ersr 1r defect lM era• .. h 1. • teffereorC o«r vao 1 tnt ra'R. 1I •pence' ore ro ra0 r miatnr .. ,'•• «� ! '.i • eq, r •era rrpl r0 n+aazn in - ... A uetrrrnis7tr�!Wn. eez a ear a. 117 IF I: I, $ h . .... .. .. .. .:..:.:..: ':.....: •' .. .. .. y'�ii vlm iwt m oemstrlare off me Doted'' :. �. ., neat ruse prwl •n seer ro der rot weed, I .. ,:- .: �.�... :• ..L .: is s, u ICPe�'t$�lrna+�eer .rn an olr7aea n§r0�p. eatreukoya ob •. f' �'I'eeiw • m tir�rtoona'ar oern`raa mtr oo ro ruatrdeerr. rear . g .. a : .. ,' ` I .:. h •'� ! ..0. dtr!`d! Irt R X- r.16�s rota w Uero in Ole" of coal•lo • . :, .. ROAD .. •0e.°l,fO00•, . . WORK .. .. END .. . .. ... .. .. AHEAD • 8 } •��1. •Reap, a u a0•,'aiola /or unrracr .erA en eonredr7 aye. .. .. .. .. .. .... . , .. ROAD iiORK :.: •, � : :. g ROAD.. ' .. .'WORK' ...:. ;:. :i .. "AHEAD .. .. ..... .. ....... ....... .CYO. Y.. ..... .. ....... .. .. , . A. •• ' .�i�. .. .. .. .. ..... oM20 . . ROAD mays• .. ROAD WORK :. :WORK r .. seerore rt .. . ., .. ..., •• .. 7bnyporrartori atrralan AHEAD t>m re a GJQ•f;,''. •' .' , , • . . .. ... .. .. ,. . � :aa• c Y�-., ; �'•• moeparmwntar.. ltadaen ' I. : • . .• .. � tsw ro.Ya•A . r,. ' „ • , : , • �, • . �,'�•,�-TRAFf`IC.•CONTROL PLAN . • . .:.. i..:'?'. •.. ; ' .. .. •�ee rote r4, :. ' :•' CONVENT IONAC:; ROAD . ". :: ......... . SHOULDER WORK.... :: :. TCP (2=.10)' :...T.CP:(2-lbl.... TOP'.(2-1CV. :.. ,.... ..:'WORK' SPACE NEAR. SHOULDER •, '. 'WORK SPACE : ON: SHOULDER " WORK:. VEH ICLES'• ON --SHOULDER "'� .rA Co nventionol':Roads. ::: ,: :Conventional` Roods...,. Conventional.. Roods Ift .>;.... ... .. .. .., ... .. ' LEGEND' 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 08 22 20 3 REQUESTOR 601 S TEXAS AVE LTD ADDRESS 2970 -N STATE HWY 123 STE C SAN MARCOS TX' 78666 OWNER NAME 601 S TEXAS AVE LTD PROP ID# 37670 REFUND AMOUNT 1$630.00 REQUESTOR HOLLY JEAN PRIEST ADDRESS 4005 WILLOW OAK ST BRYAN TX 77802 OWNER NAME HOLLY JEAN PRIEST PROP ID# 47914 REFUND AMOUNT 13.00 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT RE UESTOR ADDRESS OWNER NAME PROPID* REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT RE UESTOR ADDRESS OWNER NAME r PROP ID# REFUND AMOUNT APPLICATION FOR TAX REFUND' Collecting Office Nome' Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS 6015 TEXAS AVE LTD %SMITH MARK 2970 N STATE HIGHWAY 123 STE C SAN MARCOS TX 78666-4588 Collecting Tax far: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: PHILLIPS, BLOCK 14, LOT 264 (PTS OF), ACRES, 2.226 Address: 601 S TEXAS AVE , Account# 37670 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayer's reason for refund: OP -Overpayment REFUND TO: 601 S TEXAS AVE LTD % SMITH MARK 2970 N STATE HIGHWAY 123 STE C SAN MARCOS TX 78666-4588 Payment Date Amount Paid Refund Amount Requested 12/21/20222 $15815.30 $630.00 Sign below and return form to the Brazos County Tax Office. "I hereby apply r thp refuirlof the above -described taxes and certify that the information on this form is true and correct." e11�5-1 so2 - Signature Date ,g1?_ - 4Z3- 05-23 Phone # '�fb�,L.�i lNtSlf'CC,��CiahS�t._ � Email Address. If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state ]ail felony under Texas Penal Code Section 97.10. TAX REFUND DETERMINATION The x refun s Approve [ ] Disapproved S1a(q(GL3 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 TAX RECEIPT 07/25/202310:39AM ** DUPLICATE" KRISTEEN ROE, CTA - PH# (979) 776-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: 6018 TEXAS AVE LTD % SMITH MARK 2970 N STATE HIGHWAY 123 STE C SAN MARCOS, TX 78666-4588 PropertyID Goo 37670 501000-0014-0050 Legal Description PHILLIPS, BLOCK 14, LOT2-{ (PTS OF),ACR_ES 2.226 Sltus . _ . DBA Name 601 S TEXAS AVE , Reoeipt Nurp'_ber 319T133 Date Posted 12/21/2022 Payment Type - _ P Payment Code _ OverlRefu6d Total Paid ' 576,816.10 Leal Acres _ Owner Name and Address_ 2.2260 6018 TEXAS AVE LTD % SMITH MARK _. - _ 2970 N STATE HIGHWAY 123 STE C SAN MARCOS, TX 786664588 Entity Year Rate Taxable Value ' Stmt # Vold . Orlginal Tax Discnts P&I -Att Fees Overage Amount Pd Z REFUND ENTITY 2022 0.00000 0 145590 N 630.00 0.00 0.00 0.00 0.00 630.00 BRAZOS COUNTY 2022 0.42941 802,440 633 N 2,973.42 0.00 0.00 0.00 0.00 2,973.42 CITY OF BRYAN 2022 0.62400 692,440 533 N 4,320.63 0.00 0.00 0.00 0.00 4,320.83 BRYAN ISD 2022 1.13860 692,440 633 N 7.891.06 0.00 0.00 0.00 0.00 7,691.05 15,815.30 Balance Due As Of 1212112022:.630.00 Tender _ Detelis _ _ _ pescription-._ r_ � _ _Amount Check 1066 - 1681 fi.30 163%30 Operator Batch _. _ .. _ . ._ . - -- -- •• Total Paid shines 49921] (RTL Batch #248 12212022) 15,815.30 Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code n �,� 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 PRIEST'HOLLY JEAN 4005 WILLOW OAK ST BRYAN TX 77802-3633 PROPERTY DESCRIPTION Legal: WHEELER RIDGE PH 1, BLOCK 5, LOT 22 Address: 4005 WILLOW OAK ST __. _ Account# 47914 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayer's reason for refund: OP -Overpayment REFUND TO: PRIEST HOLLY JEAN 4005 WILLOW OAK ST BRYAN TX 77802-3633 Sign belo%�,p�nd return forms t Brazos "I herebv9aoly for the refund of aboi Phone q 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 12/31/2022 - $1442.51 Refund Amount Requested $13.00 Tax Office. abed taxes and certify that the information on this form Is true and correct." If you make a false statement on this application, you could be found guilty o under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION The ax r is [pprove [ ]Disapproved gal Authorize 'Offlcer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date (Tv felony .A TAX RECEIPT 01/05/202312:51PM -P KRISTESN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: PRIEST HOLLY JEAN 4005 WILLOW OAK ST BRYAN, TX 77802-3633 Receipt -Number . 3223S81 Date Posted r , 12i3l/2022 Payment Type P Payment Cade 0 r/Refund Total Pald..• $1,442.61 Property ID Geo - •' Legal Acres - _ Owner Name_ and•Ad'dress 47914 654000-U706-0220 0.0000 PRIEST HOLLY JEAN • • - 4005 WILLOW OAK ST Legal Description _ BRYAN, TX 77802-3633 WHEELER RIDGE PH 1, BLOCK 5, LOT 22 Situs DBA Name _ 4005 WILLOW OAK ST , _ Entity Year Rate Tax_ able_Value Stmt # Vold . , . O_riginel Tax Monts P81 Att_Fees _Overage Amount Pd Z REFUND ENTITY 2022 0.06000 0 145966 N 13.00 0.00 0.00 0.00 0.00 13.00 BRAZOS COUNTY 2022 0.42941 162,342 103529 N 324.14 0.00 0.00 0.00 0.00 324.14 CITY OF BRYAN 2022 0.82400 162,342 103529 N 471.02 0.00 0.00 0.00 0,00 471.02 BRYAN ISD 2022 1.13960 112,342 103529 N 634.36 0.00 0.00 0.00 0.00 634.35 1,442.61 Balance Due As Of 12/3112022: -13A0 Tender Details - Description Amount Check 2602 _ 1442.51 1442.51 Operator Batch -- - - - - •_ _ Total Pafd tmoore 44096 (01105/2023TM) 1,442.51 Page;1 Receipt issued In Accordance with Section 31.075 of the Texas Property Tax Code r�.aee�ww,iro BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS) FOR THE 2022-2023 BUDGET YEAR NO.22/23 45.01-- 45.06 On this the 291h day of August 2023 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Chuck Konderla, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Wanda Watson, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 291h day of August 2023 the Court heard and approved a budget amendment(s) for the 2022-2023 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 6 September 2022, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2911' day of August 2023. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: -, Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 45.01 8/29/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE 2020 Certificates of Obligation Road Reconstruction Capital Outlay Expenditure 2,656,387.00 2020 Certificates of Obligation Former Ag Ext Renovations Capital Outlay Expenditure 293,490.00 2020 Certificates of Obligation R&B Renovations Capital Outlay Expenditure 2,372,897.00 1 2020 Certificates of Obligations Reallocation of funds to the correct accounts for renovations on the former Ag Ext. Buildin & B Building �". ��;�„ �,'4+ �" �� !-r�_a'-•r —e---�,'x" � ,vim-�---z��'"'� x `gym..•. ,«�'`ys.M ��"s'`'"' -�' r,«,sr�1A,€?�, m 3 �w-;1.:� s�i 1 00 c Cou yl udge°APPr I � Date s5 1ER Ora ,En. r Ont r Ar x m f ,�.A .,,•M'a � .aR S. �Y:w r e s r .�I't�4» ,i..�,�, � N� . r&,� T 'G. v"'�.:F �'i_ 53.4�. a -_a•'. .F£.>:. :i w , FUND DN ACCT Change in Budget ACCOUNT NAME 43200 63432600 80715000 (2,656,387.00) 43200 63432010 80101000 283,490.00 43200 63432020 80101000 2,372,897.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 45.02 8/29/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Human Resources Revenue 7,045.27 General Fund Human Resources Supplies and Other Charges Expenditure 7,045.27 Human Resources ,Recognize a donation of $7,045.27 from TAC RMP Employee Safety Equipment Program to purchqse safety equipfi ent for Roa ' B e and Facilities Services. j`yr-"_`�-�..'',." ik i K�'},, a;a ['r•� h K,�'r89 +yak„ t "„r-�-- .:County,,udge�Approval sgc� xh•. ''. Date:: )±dr 0f�acl .twflri`r" . : FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 15000100 46023000 7,045.27 01000 15000100 60010000 7,045.27 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 45.03 8/29/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Permanent Improvement Fund Sheriffs Office - Capital Capital Outlay Expenditure 11,107.15 General Permanent Improvement Fund Constable Precinct 2 - Capital Capital Out1a Expenditure 2,140.51 General Permanent Improvement Fund Constable Precinct 4 -_Capital Capital Outlay Expenditure 2.140.51 General Permanent Improvement Fund Expenditure 15,388.17 General Fund Revenue 15,388.17 General Fund Sheriffs Office - Non Capital Supplies and Other Charges Expenditure 11,107.15 General Fund Constable Precinct 2 - Non Capital Supplies and Other Charges Expenditure 2.140.51 General Fund Constable Precinct 4 - Non Capital Supplies and Other Char es Expenditure 2,140.51 General Permanent Improvement Fund Reallocation of funds to the correct accounts for cargo boxes and running board lights that were purchased in FY 20 , or its that were purchased and placed into service in FY 2022. NNP. 8/24l20231 _ County J,adge Approve For Oracle Entry Only FUND DIV ACCT Chan a In Budget ACCOUNT NAME 45000 63280001 80890000 (11,107.15 45000 63302001 80890000 (2,140.51) 45000 63304001 80890000 (2,140.51) 45000 00000000 91300000 15.388.17 01000 00000000 49015000 15,388.17 01000 28l)00006 60500000 11.107.15 01000 302b0006 60500000 2,140.51 01000 30400006 60500000 2,140.51 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 45.04 8/29/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund TJJD - Salary Adjustment Basic Probation Revenue 21,797.62 Grant Fund TJJD - Salary Adjustment Basic Probation Salary and Wages Expenditure 8,081.28 Grant Fund TJJD - Salary Adjustment Basic Probation Benefits Expenditure 2,027.76 Grant Fund TJJD - Salary Adjustment Pre & Post Adjudication - Detention Salary and Wages Expenditure 9,343.98 Grant Fund TJJD - Salary Adjustment Pre & Post Adjudication - Detention Benefits Expenditure 2,344.60 TJJD Supplement Salary Adjustment Grant ,Recognize TJJD Supplement Salary Adjustment Grant For September 2023. `` �£;`% 8�+tk,. �`u A1;��`'� �i:`aY�''Jwa° .,t '.^�. ` �' •t!I �1 Sd"+^ .° W 3". w . •. AQr �)� �i ... XC .t�,11 }a � :EL? K' ` 'e d': �"L'' .Aa,:,�''...d^rah. y, 4 m�k:�',"..w 3� » 4. �: lK.p,Kni i x s s >,.:_` a r,. , . �^�s'� . , , f4 l '0 n �' l t`it .._��b a5�' �°a;�4 �a .3�c t,• _ _ "9i 3i 3't, ` k v+, v�h.? hd '�°� r `?t.)" +E .2"�S 6»v ?, s,9 a,��.ii 'Rw�.atx 1.. FUND DIV ACCT Change In Budget ACCOUNT NAME 30000 311110 48003100 21,797.62 30000 311110 51670000 8,081.28 30000 311110 53200000 1,367.08 30000 311110 53100000 618.22 30000 311110 53800000 42.46 30000 311120 51670000 9,343.98 30000, 311120 53200000 1,580.69 30000 311120 53100000 714.81 30000 311120 53800000 49.10 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 -45.05 8/29/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund TJJD - Pre & Post Adjudication - Detention Benefits Expenditure 1,600.00 Grant Fund TJJD - Pre & Post Adjudication - Detention Salary and Wages Expenditure 1,600.00 TJJD - Pre & Post Adjudication - Detention Reallocation of funds to the correct accounts to cover longevity and administration leave with pay that was gaid ou ' ��.tir.��i•r. FUND DN ACCT Change in Budget ACCOUNT NAME 30000 312132 53300000 (1,600.00 30000 312132 51970000 1,000.00 30000 312132 51810000 600.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23.45.06 9/29/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Sheriffs Office: Administration Revenue 7,008.33 General Fund Sheriffs Office: Administration Supplies and Other Charges Expenditure 7,008.33 Sheriffs Office: Administration Recognize a donation of $7 008.33 from TAC RMP Employee Safety Equipment Program to purchase safety a ui ment. L Couhty;Jt"cle_A�proval i8or 0rusle.Entr?t 0 # �;a � �>• t.i,r,/i SJ' f. }e �. � Ln r ui`,��+ , � EW, a�I "/-t $C` i C?"' ASxP. p,.; h i. pt b,� :...i ,7 i p✓t' "'� A.. � C�., `. >, F .r<s Ci tw y w `>°�;:il ' ,� 'V• : iwe � �s FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 28000100 46023000 7,008.33 01000 28000100 60010000 7,008.33 Personnel Change of Status ( Aug 24, 2023 ) Commissioners' Court Date: 08-29-2023 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment � +tiT.t��^....{. Employee Name` Sheriff Office - Jail Administration Contestabile, Cordell Sheriff Office - Jail Administration Herrera, Ronaldlo Juvenile Services - Detention Ibarra, Sinai District Clerk Records Management Fund Jacobus, Elliana* Sheriff Office - Jail Administration Kelly, Kylie Sheriff Office - Jail Administration LaFollette, Hannah Juvenile Services - Detention Lewis, Renee Sheriff Office - Jail Administration Martinez, Gabriel Sheriff Office - Jail Administration Ray, Alexus Juvenile Services - Detention Rooks, NaSerea Sheriff Office - Jail Administration Varnum, Jonathan t�itiaCo ,'" 'R`"�'*'S Y,y'3.''d,}�ar. L-� V •�`�.a-,J�r <. .r:' �4..�},?'7 Y .qzYA.1 '�' � C Separations �; Department Name employee Name �=°'i N �.i � Information Technology - Administration Blumenthal, Jared CountyJudge " Carrillo, Morris Sheriff Office - Jail Administration Nowlin, Lorenzia Sheriff Office - Jail Administration Taplin, Daedriohn County Clerk Management Fund Waskow, Deborah Sheriff Office - Jail Administration Whisenant, Jordan Approved in Commissioners' Court: 8/29/2023 \ County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 0 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 08-29-2023 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 District Clerk Ward, Mia Change of Status Juvenile Services Autrey, Margaret Change of Status Banas, Kaid Change of Status Barnes, Trenise Change of Status Barryer, Selwyn Change of Status Bass, Bryston Change of Status Bazy, Leroy Change of Status Bell, Tiffany Change of Status Bisor, Timolin Change of Status Blanco, Elizabeth Change of Status Boff, Erin Change of Status Burns, Nicholas Change of Status Coffey, Christopher Change of Status Cole, Shaquilla Change of Status Correa, Itzel Change of Status Criddle, Steven Change of Status Crist, Stephanie Change of Status Curtis Jr., Claude' Change of Status Daily, Apollos Change of Status DeLeon Jr., Maximo Change of Status Dennis, Jamaycia Change of Status Desir Jr., Raymond Change of Status Figueroa, Jose Change of Status Foley, Trenica Change of Status Foster, Lawyer Change of Status Galls, Gregory Change of Status 1 n Gonzales, Melanie Change of Status Gooden, Shatner Change of Status Grimaldo, Raymond Change of Status Gutierrez, Larry Change of Status Hawkins, Rayla Change of Status Heard, Shenita Change of Status Hein, Joel Change of Status Jackson, Carol Change of Status Johnson II, Reginald Change of Status Kelley, Candis Change of Status Mable-Bazy, Kami Change of Status Mattison -Graham, Tevin Change of Status McCloud, Travis Change of Status McDaniel, Demetris Change of Status McKey, Todd Change of Status Medina, Jose Change of Status Miles, Trevion Change of Status Norrid, Jeanie Change of Status Olvera, Phillip Change of'Status Ortega, Daisy Change of Status Pennington, Shawn Change of Status Purvis, Ki'vycia Change of Status Ragston, Denisha Change of Status Reyes, Christina Change of Status Rice, Tahj Change of Status Ricketson, Linda Change of Status Scroggins, Joseph Change of Status Smith, Timmy Change of Status Storemski, Jonathan Change of Status Storm, Jenna Change of Status Stringfellow, Savannah Change of Status Stroup, Evan Change of Status Taylor, Jannifer Change of Status Thomas, Shantrice Change of Status ON Tunsel, Marsha Change of Status Turner, Arieus Change of Status Vega, Perla Change of Status Walker, Beatrice Change of Status Walker, Jeremy Change of Status Wallace, Lawrencia Change of Status Whetstone, Artis Change of Status White, Melissa Change of Status Williams, Kimberlyn Change of Status Zimmerman, Lori Change of Status Purchasing Loyola, Josue Change of Status Nelson, Presley Change of Status Sheriff Office — Jail Jenkins, Jennifer Change of Status Tax Assessor — Collector Bradley, Karlis Change of Status Emerson, Laura Change of Status Harris, Sireesha Change of Status McAdams, Niki Change of Status Mora, Jackelyne Change of Status Radke, Tracy Change of Status Smolinsky, Lauren Change of Status Taplin Sweed, Yolanda Change of Status Approved in Commissioners' Court: 08-29-2023: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) c