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Home My WebLink About1996-06-11-0900AM-Regular• • , - 7 8: 1 t} 95 JIM tie BRAZOS COUNTY I I A 7 .,J. y;T; j:~ BRYAN. TEXAS = I u t ; AGENDA THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, JUNE 11, 1996 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation - Commissioner Norton. 2. Pledge of Allegiance - Commissioner Norton. 3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens wishing to address the Court on county-related issues not scheduled on the agenda. Please limit subject matter to five minutes. The Commissioners will receive the information, conduct research into the matter, and/or place the matter on a future agenda for discussion. (A recording is made of the meeting; therefore, please give your name and address for the record.) , Consider and take action on agenda item 4 - 17: 4. Personnel Change of Status. 5. Payment of Claims. 6. Budget Amendment 95/96-31. 7. Sale and use of fireworks in Brazos County. 8. EOC and Emergency Management Office Complex at the GTE Building. 9. Contract for Services by Robert L. Smith, III for self-defense training for Jail Administration. , 10. Resolution allowing the collection of $50.00 fee by the District Clerk to compensate the County for accounting and administrative expenses incurred in handling cash bail bonds. 11. Requisitions from Capital Projects for the following: a. LCD Projector for Risk Management b. Fuel tank and fuel pump for Road & Bridge c. Dehumidifier for the Brazos Center d. Hard drive for Road & Bridge e. Mobile radios for Road & Bridge f. Terminals for selected departments by Computer & Network Services g. Copier for 361st District Court. 12. Approval of Blanket Purchase Orders. 13. Contract and Agreement for Secure Long-Term Boot Camp Services for Juvenile Offenders Space Available. vo6, ~ ~~0~.9 a i 4 1. I F, i Commissioners Court Meeting Agenda June 11, 1996 Page Two 14. Juvenile Services application to participate in national food program. 15. The Final Plat of Michael C. Laine Subdivision, 10.00 acres, Stephen Jones Survey. Site is located in Precinct 4. 16. The Preliminary Plat of Hightower Subdivision, 4.93 acres, George Powell Survey. Site is located in Precinct 3. 17. The Revised Preliminary Plat of Hicks Lane Estates, 5.781 acres, James W. Scott League. Site is located in Precinct 3. 18. Call for citizen input and/or concerns. 19. Announcement of interest items and possible future agenda topics. 20. Adjourn. The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements, call (409) 361-4102. vii PAQE , rv COMMISSIONERS' COURT REGULAR MEETING JUNE 11, 1996 • • 1 r A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, June 11, 1996, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Gary Norton, Commissioner of Precinct 1; Sandie Walker, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. Attached is a list of citizens and officials in attendance. Commissioner Norton gave the invocation and led the pledge of allegiance. There was no citizen input and/or concerns. The Court proceeded to consider the change of status of the following employees: NAME DEPARTMENT REASON Scott, Regina County Attorney Termination Scott, Regina Co Atty Hot Check Termination Dowling, S C County Clerk Transfer Palomares, M T County Clerk Transfer Pineda, Crystal County Clerk Transfer Haynes, Darby District Attorney Resignation Tepera, Craig Purchasing Resignation Blanker, Brett S Road & Bridge Promotion Contreras, Juan Road & Bridge Termination Cooks, Kevin Road & Bridge Termination Fava, Pete Road & Bridge New Emp Temp Nino, Miguel Road & Bridge New Emp Temp Machan, Conrad SO/Commissary Sal Increase On motion by Commissioner Walker, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 96-007399 through 96-007552 & 16000036 through 16000045 & 16000048 through 16000051 VOL, ~ ---PAQZ...~410~ 4 s ! t ; R L On motion by Commissioner Walker, seconded by Commissioner Sims, the Court voted unanimously to approve the Claims as submitted. f r l•. I E' s r I The Court next considered Budget Amendment #95/96-31, which would reallocate funds budgeted for the 361st District Court, record an amendment to the Metropolitan Planning Organization budget; transfer funds from the County Clerk's department to the District Clerk's department and to reverse a budget established for the Constable Education Fund. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The next matter before the Court was consideration of the sale and use of fireworks in Brazos County. On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to table consideration until a later date. The Court next considered an Emergency Operations Center and Emergency Management Office complex at the GTE Building. Fred Forsthoff, Emergency Management Coordinator, explained the need to consolidate all emergency management under one roof. On motion by the County Judge, seconded by Commissioner Norton, the Court voted unanimously to table consideration until the next meeting to allow the Court to discuss the funding with the County Auditor. The next matter before the Court was consideration of a Contract for Services by Robert L. Smith, III for self defense training for the Jail Administration. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the contract for services provided funds are available in the Sheriff's budget and that Mr. Smith provide the County with proof of insurance coverage and a copy of his license. On motion by Commissioner Walker, seconded by Commissioner Cauley, the Court voted unanimously to adopt a resolution authorizing the District Clerk to collect a $50.00 fee to compensate the county for accounting and administrative V0 PA 932-, j _,_.__,~_______--.~,+.►-..~.........or>vw+cano~x-G:~nU .rY.ul~;.2;k1Sa.'uY's~1-~:~7': ~.R ~•':r :•r ,/-'~~'f~'.:t'.' i <<r ~xa._•~~.. - ~a-ate ~a- I _ i t • C-I • expenses incurred in handling cash bail bonds. This is in accordance with Section 117.054(a) of the Local government Code that allows the District Clerk to collect a fee as established by the Commissioners Court. The Court next considered approval of the following requisitions from Capital Expenditures: a) One (1) LCD Projector $7,450.00 for Risk Management b) One (1) fuel tank and 2 fuel pumps $1,371.50 for Road & Bridge c) One (1) DeHumidifier $269.99 for Brazos Center d) One (1) computer $1,159.00 for Computer Network Services e) Four (4) radios $1,581.00, four (4) antenna four (4) installation charges $1,961.00 for Road & Bridge f) Terminal, monitor, keyboard $4,204.98 for Computer Network Services g) One (1) copier $6,750.00 for 361st District Court on motion by Commissioner Walker, seconded by Commissioner Sims, the Court voted unanimously to approve all the previously listed requisitions to be paid from Capital Expenditures. The Court proceeded to consider the following blanket purchase orders: Johnson Supply Bldg Maint $1,500 Mission Uniform Brazos Center $ 500 P/M Lube Center Sheriff $1,000 C. A. Svajda DDS Jail $ 500 Walmart Bldg Maint $ 500 On motion by Commissioner Walker, seconded by Commissioner Cauley, the Court voted unanimously to approve the blanket purchase orders as submitted. The next matter before the Court was consideration of a Contract and Agreement for Secure Long Term Boot Camp Services for Juvenile Offenders Space Available. This is a contract and Agreement between the 32nd Judicial District Juvenile Board acting by and through its duly authorized Contract manager, Rehabilitation and Corrections Corporation (RECOR) and Brazos County. For $75.00 per day for each and every day each child is in detention RECOR will provide room, board, V® PAQ A3 f 1 4 t r i r I k i r F f twenty-four (24) hours per day, seven (7) days per week supervision, routine medial examination and treatment within the facility, an approved educational program; recreation facilities; and counseling to each child placed within the facility. The contract will be effective from June 3, 1996 through August 31, 1996. On motion by Commissioner Norton, seconded by Commissioner Walker, the Court voted unanimously to approve the Contract with RECOR for Secure Long-Term Boot Camp Services for Juvenile Offenders Space Available. A copy of the contract is attached hereto. The next matter before the Court was approval of an application to the Texas Department of Human Services for participation in the National School Lunch/School Breakfast Program for contract year July 1, 1996 to June 30, 1997. Ernie Wentrcek, Director of Juvenile Services, explained that this is a standardized food program for children detained and that the County will be reimbursed of food service costs. On motion by Commissioner Walker, seconded by Commissioner Norton, the Court voted unanimously to authorize the County Judge to execute the documents and to forward them to the proper agency. A copy of the agreement is attached hereto. The Court next considered approval of the Final Plat of Michael C. Lane Subdivision in Precinct 4. Richard Vance, County Engineer, stated that he had reviewed the plat and had the following exception: Kemp Road has a dedicated right-of-way of 60.0 feet. Subdivision regulations require a 70 foot right-of-way requiring an additional 10 foot dedication by the owner. The owner is requesting a variance from this requirement. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court unanimously approved the.final plat of the Michael C. Lane Subdivision and granted the variance to the 70 feet right-of-way requirement in the cul-de-sac. The Court next considered approval of the Preliminary Plat of Hightower Subdivision in Precinct 3. Richard Vance, County Engineer, stated that he had reviewed the plat and noted the following exceptions: V® ~I\ - - _+~nesn:~,escc =~~:~'~~._:m-~s~~r,armtr~K•>`nesrsrr_:..eti,`.r::ti-,^:•:,,:~.s~rr.ro ~?;-C L2 N'v.].•C.. -/^.;"-„Y LILL • • a) 20 foot utility easement required along Grassbur Road b) Show existing right-of-way width of Grasssbur Road on motion by Commissioner Sims, seconded by Commissioner Cauley, the Court unanimously approved the Preliminary Plat of the Hightower Subdivision subject to compliance with the . previously noted exceptions. l The Court next considered approval of the Revised ; Preliminary Plat of Hicks Lane Estates in Precinct 3. Richard Vance, County Engineer, stated that he had reviewed the plat and noted the following exceptions: a) Utility easement along Hicks lane will be required to be 20 feet b) 10 foot utility easement required around the remainder of the perimeter of Lot 1. On motion by Commissioner Walker, seconded by Commissioner Cauley, the Court unanimously approved the Revised Preliminary Plat of Hicks Lane Estates subject to compliance with the previously noted exceptions. There was no citizen input and/or concerns. The County Judge made the following comments: a) Announced he was going to Austin to attend the El Camino Real Corridor meeting b) The Purchasing Agent is documenting vehicles ~c for sale c) The Risk Manager had received notification r. from Ford Motor Company on the Crown Victoria iat Fords with oil problems. The-Judge indicated i that the brakes needed to be looked at also. j There being no further business to come before the Court, the meeting was adjourned. ` , 1M. y • vo PAGE-1.14: l" I The foregoing minutes of the Commissioners Court meeting held June 11, 1996 have been examined and are approved in open Court this the 5-9 day of 1996, in Bryan, Brazos County, Texas. & a&~ Alvin W. Jones County Judge ;~L17 Sandie Wa r Commissi er, Precinct l,n... - / _nJ.va... Commis$igdneV, Randy S' s Commi toner, Precinct 3 i I, T ZOS COUNTY COMMISSIONERS' MEETING ON JUNE 11, 1996 AT 9;00 A.M. I 101. C7 1-4, ,1 JV• ~JL ACY fjURtit Ccry OF 5AYAJ (,7 k 7 V- azl~ 1Y~k- r h ~ e, ~Uv. ors, Co A- Vf RJ 4s cs leA kch- 3 ~ - CAS A VoL. PAC . aw._l. il.h..w..+.i..url_r. ...w-•i~.Y f.y►~... r.c~......u• I ~e Q .gyp C' ' 1 VO .v..-+.»iu...a,..:.is,. r...... _.1- _ _ vl , - .~L.i' ~ L•~Yt'_: . ,uli,rS ~ ~v~+~ +L._ :t~ixi~' cH...v ....iY: L...-.-...~.._, ti.. v L _ i E i • BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1995-1996 BUDGET YEAR NO. 95/96-31 On this the 11th day of June 1996 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Gary Norton, Commissioner, Precinct 1; Sandie Walker, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on June 11, 1996, the Court heard and approved a budget amendment for the 1995-1996 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 26, 1995 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 11th day of June 1996 THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Alvin W. Jones, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File s 1 f i 7 i i 4 1 lip a aw:.•:.w.a a:..`.a...A,.613f9&~ Balancing Totals I 1,uuu.uu i,uuu.uu i g- ar•+." ;a » ~~;a a~ ..,.,,.>••x, ":"fi`'o;"C r•• ~ ^'+~.m.Mw"» •-ro• „ iChMO a::a,.:`u•catiw».~c•5.,,...a a..M>r,.aVwaa. ..wr,:.Jw,a. "c::wn3>..ta:.o.:•ww..h:.~...~.,,,,•." v® PIS ,-f-\ • • i BRAZOS COUNTY, TEXAS BUDGET ADJUSTMENTS NO. 95196 - 31 FD DIV ACCT PROJ ACCOUNT NAME Dr Cr 01 222001 606000 Office Supplies 750.00 01 222001 610600 Bonds 300.00 01 222001 614500 Miscellaneous Expenditures 200.00 01 222001 654500 Office Equipment Maint. 250.00 361st District Court - To reallocate budget to allow for overrun in Office Supplies due to increased misdemeanor cases. BALANCING TOTAL 750.00 750.00 ~Vr.k M.-~..k .w•.;fe..E. pv+..yp.hwn~+w ~..H. ~..~,n'i ~Prepar+ed By: Q'~flKW , ~bate•<':.~~,~'' ;.;.~.-••513196?. VOL t ~Ff f i ~t BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS NO. 95196 - 31 FD DIV ,ACCT PROJ ACCOUNT NAME Dr Cr 01 200001 516100 Hourly - Staff 15,687.00 01 200001 531000 Social Security 1,200.00 01 200001 532000 Retirement 1,098.00 01 200001 533000 Employee Health Insurance 2,438.00 01 200001 538000 Workers Compensation 37.00 District Clerk Administration 01 21 0001 516100 Hourly Staff 15,687.00 01 210001 531000 Social Security !00.00 01 210001 532000 Retirement )98.00 01 210001 533000 Employee Health Insurance 138.00 01 210001 538000 Workers Compensation 37.00 County Clerk Administration To move funds for 3 (three) clerks from County Clerk to District Clerk. The funds are for work to be performed by these clerks from June 10, 1996 to Sept. 30, 1996. BALANCING TOTAL 20,460.00 =20,460.00 A • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS NO. 95196 - 31 i. FD DIV ACCT PROJ DESCRIPTION DR CR 01 - 480630 State-LEOSE-Costable Educ. 787.99 01 301001 611500 Continuing Education 132.69 01 302001 611500 Continuing Education 111.94 01 304001 611500 Continuing Education 174.20 01 305001 611500 Continuing Education 153.45 01 307001 611500 Continuing Education 215.71 General Fund 18 300001 611100 Conference and Seminars 1,000.00 18 - 480630 State-LEOSE-Costable Educ. 1,000.00 Constable Education Fund - To reverse the budget established 3/19196 for the annual allocation payment from the Law Enforcement Officer Standards and Education (LEPSE) account to a Special Fund Group to allow for the reserves as required by law. BALANCING TOTAL 1 1,787.991 1,787.99 a 5 i • T BRAZOS COUNTY, TEXAS CONTRACT FOR SERVICES The Brazos County Sheriffs Department a political subdivision of Brazos County which in turn is a political subdivision of the State of Texas, herein after known as the "Department" and Robert L. Smith, III a Certified Personal Protection/ Defensive Tactics Instructor practicing in Brazos County, Texas, herein after referred to as the "Service Provider", by this agreement and in consideration of mutual promises set forth below have agreed as follows: 1. The Service Provider will upon request from the Department, conduct personal protection or defensive tactic training for the Department and its personnel. The Service Provider, will provide the instructional training at a location within Brazos County to be decided upon by the Department. The Service Provider holds a 5th Degree Black Belt Certification with American Karate Black Belt Association, American Modified Karate Association, and a 3rd Degree Black Belt Certification with American Karate Association. The Service Provider is a Master's Certified Law Enforcement Officer for the State of Texas and a Certified Instructor with the Texas Commission on Law Enforcement Officer Standards and Education. 2. For the services outlined in Paragraph 1, the Department will pay the Service Provider fifty dollars ($50.00) per hour. The Service Provider will bill the Department using standard Invoice For Services, designation the Date of Service, Number of Hours, and extended price. The charges for such service will be funded through the "Jail Conference & Seminar Fees" (Local Government Code 351.041 VTCS). 3. Payment for services will be made rronthly by the Department; the Service Provider will submit invoices at least monthly, within 15 days of the end of a contract month; Service Provider may submit invoices more frequently. 4. The Department is responsible for providing the Service Provider with any reasonable support that may be requested 5. Each party to this agreement is responsible for maintaining their own liability in insurance and workers compensation insurance, and each party will provide proof of same to the other party upon request. The Service Provider will provide a copy of his insurance to the Brazos County Jail Administrator. S; C-o,.*LV 1 AkaIroa- 6. The Service Provider is required to maintain all applicable licensing requirements. Copies of such license are to be filed with the Brazos County Jail Administrator. 4 Goo N,n,` Aaa iraR . 02/05/96 VOL 9, -PAQZ~~ z1jZ • 7. The venue of this contract is in Brazos County, Texas and this contract shall be governed by and in accordance with the laws of the State of Texas. This contract may be terminated by either party thirty (30) days subsequent to receipt of written notification by either party 8. The initial term of this contract will be for the penod February 29, 1996 through September 30, 1996. The parties have and are hereby given, three (3) options to renew this contract for a period of one (1) year in each instance, to follow consecutively upon the expiration of the term hereof and of any renewal period, upon the same terms and conditions contained herein. Any changes in the terms or conditions will necessitate the initiation of a new contract. 9. The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the terms and damage to any person resulting from any act or omission or negligence on the part of each party hereto. obert L. Smith, III Date T62 '3 <07(0 Payee Tax Identification Number. Bo y Riggs, Cd ty Sheriff Date Y / Z Al W. Jo es, County Judge jDat4b • f ~ • VA - PAGE ,24 4 02/05/96 i L F I r K 4S f i f. IN THE COMMISSIONER'S COURT OF BRAZOS COUNTY, TEXAS RESOLUTION: WHEREAS, Section 117.054(a) of the Local Government Code, allows the county to be compensated for the accounting and administrative expenses incurred in handling cash bail bonds; and WHEREAS, a county may collect from the depositor; and WHEREAS, the court shall designate a fee in an amount set by the commissioners court, but not to exceed $50.00; and WHEREAS, this fee is in addition to any fees the district clerk collects as authorized by statute or court order; and WHEREAS, funds so collected shall be deposited by the county treasurer in the general fund of the county, it is THEREFORE, RESOLVED by the Commissioner's Court of Brazos County, Texas that the District Clerk of Brazos County, Texas, shall, as authorized by Section 117.054(a) of the Local Government Code, collect at $50.00 fee when handling cash bail bonds. Alv . J es, County Judge 4, e-, 4 1, 4, D . Gary No n, omm ssioner, Randy S s, Commissioner, Preci Precinct 3 7 J-,_0 r, 0,~ r, Jr., C issioner, Sandie alker, ommi i r, Ca --fey Cau is Precinct Precinct , A 01 T14E STATE OF TEXAS COUNTY OF NOLAN 0 1 X X CONTRACT AND AGREEMENT FOR SECURE LONG-TERM BOOT CAMP SERVICES FOR JUVENILE OFFENDERS SPACE AVAILABLE This contract and Agreement made and entered into by and between the 32nd Judicial District Juvenile Board (Board) acting by and through its duly authorized Contract Manager, Rehabilitation and Corrections Corporation (RECOR) and the County of Brazos County acting by and through their duly authorized representative, as evidence by their signatures below, to be effective from the 3rd day of June . 192(L through the 31st day of August ,19-M. WITNESSETH: Whereas, RECOR as the Contract Manager for the Board operates the Sweetwater Regional Juvenile Detention Facility and whereas this facility has been duly inspected and certified as being suitable for the detention of children; and, . Whereas, Brazos County in order to carry out and conduct their juvenile programs in accordance with the Texas Family Code have need of the use of detention facilities to house and maintain children of juvenile age, referred for an act of delinquency or an act of indicating a need for supervision, in the post dispositional treatment prescribed by the Court; and, Whereas the Board, through RECOR, desires to make the facility available to Brazos County for such use and purpose, and Brazos County desires to contract for the use of said facility; Now, therefore, the parties agree as follows: ' I of 5 VOA PAGE- a V-,Z I V . ~ T W . M 4 u i (1) The term of this Contract shall terminate on the ,.31- day of August, 192ft. After a mutual good faith effort has been made toward the success and performance of the contract, if either party hereto feels in its judgment that the contract cannot be successfully continued, and desires to terminate the contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of Notice of Termination is received by the other party. Notice to the Board shall be mailed to the following address: 32nd Judicial District Juvenile Probation Department, P.O. Box 1624, Sweetwater, Texas 79556. A copy of such notice shall also be mailed to RECOR at the following address: Sweetwater Regional Juvenile Detention Facility, 2101 W. Alabama, P.O. Box 628, Sweetwater, Texas 79556. At 12:00 o'clock Midnight, thirty (30) calendar days thereafter, this contract shall terminate, become null and void, and be of no further force or effect. After receipt of notice of termination Brazos County shall remove all children placed in the facility on or before the termination date. (2) The Board and RECOR agree to provide a space if space is available at the time that Brazos County requests the space. (3) RECOR will provide-room, board, twenty-four (24) hours per day, seven (7) days per week supervision, routine medical examination and treatment within the facility (but shall not provide nor pay for emergency examination, treatment, or hospitalization outside the facility); an approved educational program; recreation facilities; and counseling to each child placed within the facility. (4) Brazos. County agrees to pay the Board the daily rate of 75.00 per day for each and every day each child is in detention. The daily rate shall be paid to the Board upon billing and in accordance with payment procedures agreed upon by the Board and Brazos. County. 2 of 5 VO •1 01 0 i (5) If emergency examination, treatment or hospitalization outside the facility is required for a child placed in the facility by Brazos County, then Brazos County guarantees that such cos,,s will be paid in full. The Administrator of the facility shall notify within twenty-four (24) hours, the department that placed the child of the emergency and/or treatment. (6) Each child placed in the facility by Brazos County shall be placed therein under proper order of the Juvenile Court, and the Administrator will be furnished a certified copy of said order. (7) Each child placed therein shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the facility. (8) If a child is accepted to the facility and such child thereafter is found to be, in the judgment of the Administrator, mentally unfit, dangerous, or unmanageable to either of such conditions or characteristics, or whose mental or physical condition would or might endanger the other occupants of the facility, then the Administrator's judgment upon such determination and notification by the Administrator to the Chief Probation Officer of the 32nd Judicial District Juvenile Probation Department, a Juvenile Probation Officer or Deputy Sheriff of the placing County shall immediately and forthwith remove or.cause to be removed such child from the detention facility. (9) RECOR agrees that the facility will accept any child qualified hereunder, without regard to such child's religion, race, creed, color, sex, or national origin. (10) It is further understood and agreed by the parties hereto that children placed in the care of the facility shall not be discharged therefrom without: (a) Receipt of the facility of an Order signed by the Judges having juvenile jurisdiction of Brazos County, duly certified by the Clerk of said Court, or (b) By authorization of the Juvenile Probation Department who originally detained the child, or 3 of 5 O/A r. . I f t i 1 (c) As provided in paragraph (8) above. (11) It is further understood and agreed by the parties hereto that nothing in the Contract shall be construed to permit Brazos County, their agents, servants, or employees in any way to manage, control, direct or instruct the Board, its servants or employees in any manner respecting any of their work, duties or functions pertaining to the maintenance and operation of the facility. However, it is also understood that the Juvenile Court of each individual County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code Section 51.12. (12) It is further understood and agreed by the parties hereto that the County placing the child in the facility is responsible for any damages caused by the child that is placed at the facility. This Contract is in lieu of all previous contracts between the Board, RECOR and Brazos County for these purposes. Said previous contract to terminate, become null and void and be of no further force or effect as of the date this contract becomes effective. This Contract and Agreement this date executed is made by and between the parties hereto; it being the declared intention of the parties hereto that the above and foregoing Contract, is a Contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision and payment of such care by the Judge of Brazos County for such children placed in the facility by the Judge of Brazos County having juvenile jurisdiction. 4 of 5 t h f .~s....~,....~.. s......~. c..~._~a'~•r.L..,.:5r.cd.c:.]:[:or_' r'T.. _lr..:,.-:. J_•~y,y~ '-,J _ -,,.~~y 'Ya.,.s...:-:~~..~.S..r.Je~i~,.,~~_..,....____" A • • I 1 I EXECUTION IN WITNESS WHEREOF, we hereunto affix our signature this _day of 1996. P. COMMISSIONERS COURT OF ANTHONY TREVINO BRAZOS COUNTY, TEXAS FACILITY ADMINISTRATOR RECOR, INC. (CONTRACT MANAGER) RAY MAYO, AL JO &S, BRA OS, COUNTY CHAIRPERSON 32ND JUDICIAL JUDGE AND PRESIDING OFFICER DISTRICT JUVENILE BOARD OF SAID COURT MATTHEW WOODRUFF, Ernie Wentrcek, CHIE CHIEF JUVENILE PROBATION OFFICER JUVENILE PROBATION OFFICER 32ND JUDICIAL DISTRICT JUVENILE BRAZOS COUNTY, TEXAS PROBATION DEPARTMENT I 5 of 5 V A f f' b i k NATIONAL SCHOOL LUNCH PROGRAM/SCHOOL BREAKFAST PROGRAM AGREEMENT STATE OF TEXAS 4 COUNTY OF TRAVIS I The Texas Department of Human Services, hereinafter referred to as TDHS, AND RECEIVED SEP 0 3 1996 BRAZOS COUNTY AUDITORS OFFICE BRAZOS COUNTY, TEXAS _ , hereinafter referred to as the contractor, do hereby make and enter into this contract, as required by the National School Lunch Act and the National School Lunch Program and School Breakfast Program, hereafter referred to as the NSLP and SBP, Federal Regulations (7 Code of Federal Regulations (CFR), Parts 210 and 220, respectively). 1. MUTUAL AGREEMENTS The Parties mutually agree: A. If the contractor fails to provide services according to the provisions of this contact. TDHS may, upon notifying the contractor in writing, immediately terminate the whole or any peat this contract and refuse to pay claim for reimbursement. Such termination and/or refisal to pay claims will not be is exclusive remedy but an addition to any other rights and remedies provided by law or under this contract. B. If federal and state laws or other requirements are amended or judicially interpreted so that for either party fulfilling of this contract, would be subomifally unreasonable or impossible, or if the parties are unable to agree upon any amendment that would therefore be needed to enable the substantial continuation of the services contemplated by this contract, then the parties will be discharged fivm any further obligations under the terms of this contract, except for the equitable settlement of respective accrued interest or obligations, including audit findings, incurred up to the termination date. C. This contract may be canceled by rmrntal consent. If mutual Consent cannot be attained, then either party may consider it canceled without cause by giving thirty (30) days written notice to the other party, thus canceling this contract when the thirty (30) day pi:riod expires. Nothing in this paragraph may be construed to prohibit immediate cancellation according to above paragraphs A and/or B. T EL CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT A. The contractor and participating schools under its jurisdiction will comply with the NSIP/SBP Federal Regulations (7 CFR, Parts 210 and 220 respectively and 7 CFR pants 245 and 250, as ameadod), Uniform Federal Assistance Regulation (7 CFR, Pan 3015, as amended), and state policies and procedures as issued and amended by TDHS (including but not limited to the TDHS NSLP/SBP handbook). The contractor further agrees to perform as dumbed in its application (including its Policy statement and supporting documents and approved amendment to the application) for participation. B. The contractor agrees to price the lunch as a unit. C. The contractor agrees to enter into as agreement to receive donated foods as required by Federal Regulations (7 CFR, Pans 210 and 250). I D. The contractor accepts find administrative and financial responsibility for food service operations at each site under its jurisdiction. This responsibility includes settling any audit exceptions or payment deficiency in the Prob, collecting, and repaying any amount paid to excess of the proper claim amount, found througb monitoring or auditing by TDHS or the United States Department of Agriculture (USDA). This responsibility applies to this contrast and all subcontracts hereunder. i IveB O iGns V n' r a_ ~ food R~~`',~Ned'vtslor► MARCH 1996 JUL U 91996 • ~ t r r* 3 Texas Oti+pt. Of Human S8tY1C2S VUL. i 1 1....-.__t. k~at.~._._~...'.F.:r_~~t.:J+~__~..w-_....~..~i.l~~~^~r.dl1._..ai.4t ur r... •~L y.a 1 1 1 i I i r 6 R 4 r TDHS CLAIMS PAYMMNT (continued) Of this oomract. If faihue to submit accurate claims reflects embezzlement, willful misapplication of funds, theft, or fraudulent activity, the penalties specified in Federal Regulations (l CFR, Parts 210.26 and 220.6) shall apply. V1. 1NI IIGRATTON The contractor agrees to comply with the requirements of the Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals hirrd after November 6, 1986, who will ~%g~,M)s abor or services under this contract. Flea FOCI( SgryiCES Division FieC~`~~`Pd VII. ,fUL ~ 1996 CERTIFICATION TgXaS pOpT, of Human Services Eiusttn, Texas A. Regarding Debarment, Suspension, Ineligibility, or Voluntary Exclusion For Covered Contracts - 'be contractor certifies, by exertion of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by an federal department or agency or by the State of Texas. By making this certification the contractor agrees to the following terms: • The above certification is a material representation of fact upon which reliance was placed when this contract was entered into. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department of Health and Human Services, United States Department of Agriculture or other federal department or agency, or the Texas Department of Human Services may pursue available remedies, including suspension and/or debarment. The contractor shall provide immediate written notice to the person to which this certification is submitted if at any time the contractor learns that the certification was erroneous when submittal or has become erroneous by reason of changed circumstances. The words 'covered contract,' `debarred,' 'suspended,' 'ineligible,' 'participant; 'persons; `principal,' 'proposal,' and 'vohmtarly excluded; as used in this certification have meanings based upon materials in the Defuritiotis and Coverage sections of federal rules implementing Executive Order 12549. Usage is as defined in the attachment. The contractor agrees by submitting this certification that, should the proposed covered contract by entered into, it shall not knowingly eater into any subcontract with a person who is debarred, mpendod, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department of Health and Human Services, United States Departmeat of Agriculture or other federal deparaaeat or agency, and/or the Texas Department of Human Services, as applicable. The contractor firrtber agrees by submitting this certification that it will include TDHS Form 2046 titled `Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts' without modification, in all covered subcontracts and in solicitations for all covered subcontracts. A eoatractor may rely upon a certification of a subcontractor that is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless it knows that the certification is erroneous. A contractor must, at a rni^imi'm, obtain certifications from its covered subcontractors upon each subcontract's initiation and upon each renewal. Nothing cotuitied in all the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this certification document. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for contracts authorized under paragraph 4 of these terms, if a contractor in a covered contract knowingly enters into a MARCH 1996 f1 ,r i i CONTRAC. -R PROGRAM ADb>IIVIST noisr AND nNANCIAL MANAGEMENT (continued) E. The official signing the Claim for Reonbursemeat will be responsible for reviewing and analyzing meal counts to ensure accvrac-, and compliance with Federal Regulations (7 CFR Parts, 210 and 220). M. RECORD HYING A. The contractor will keep financial and supporting documents. statistical records, and any other records pertaining to the services for which a claim is anbariaad. The records and documents will be kept for at least three (3) years and ninety (90) days after the a date of the final Claim for Reimbursement for the focal year to which they pertain. If any litigation, claim6 or audit involving these records begins before the end of that time, the contractor will keep the records and documents until all litigation, claims or audit findings are resolved. B. Records and documents will be made available for review or audit according to Federal Regulations and TDHS policies. • IV. CML R1GIIT5 POLICY COMPLIANCE . , A. The contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112), the Americans with Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. In addition, the contractor agrees to comply with Title 40. Chapter 73, of the Texas Administrative Code. These provide in part that no persons in the United States shall, on the grounds or race. color, national origin, sex, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, service or other benefits provided by federal and/or state funding; or otherwise be subjected to discrimination. B. The contractor agrees to comply with Texas Health and Safety Code, Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). C. The contractor agrees to compile data, -i*nfx;n records and submit reports, as required to permit effective enforcement of the above Ads and permit TDHS and authorized USDA personnel during normal working hours to review such records, books, and accounts as neealed to ascertain compliance with the above Acts. If there rue any violation. of this assurow.-, the Department of Agriculture, Food aid Consumer Service, shall have the right to seek judicial enforcement of this assurance. This assurance is biding ca the contractor and its successors, transferees, and assignees as long as they receive assistance or retain possession of any assistance from the TDHS. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the contractor. D. The above assrusoees are gnvea in consideradda of and for the purpose of obtaining any and all federal financial assistance, grants and loans of federal funds, reimbursable expenditures, grant or donation of federal property, and interest in property, the detail of foderal personnel, the sale and kase of, and the permission to use. federal property or interest in such property or the furnishing of services without consideration or at a -inn consideration, or at a consideration which is reduced for the purposes of assisting the recipient, or in rooognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with federal financial assistance extended to the program applicant by* a smc~udes any federal agreement, arrangement, or other contract which has as one of its purposes the prov~ltEtliist~Oztancied in reliance of the representation and agreements made is this assurance. R i~Od Y. - JUL U 91926 TDHS CLAW PAYM[M Texas Dept. Of Human Services AusuR, Texas Subject to the federal appropriation and availability to TDHS of sufficient fiords for the progtants, TDHS will reimburse the contractor according to the terms of this contract. No reimbursement wR1 be made for performance under this contract before (a) the beginning effective date of this contract or (b) a later date established by TDHS based on the date it received a fin11y executed copy 9AMCH 1896 VOL t d , • . ~ - Y y .1 _ Itv~ ~.J t ~icv!wr} ] ~ ! Z •A' 4 • { LSd i i I i i i f 4 l l P t' z a p E a } F C • VII. CERTIFICATION (continued) covered subcontract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in thb transaction. in addition to other remedies available to the federal government, Department of Health and Human Services, Unite' • States Department of Agriculture, or other federal department or agency, as applicable, and/or the Texas Department of Hum-1 Services may pursue available remedies, including suspension and/or debarment. B. Regarding Federal Lobbying- This certification applies only to this coot-wad is a material icin entation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by section 1352, title 3.1, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The contractor certifies, to the best of his or her knowledge and belief, that: No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for inttuenciag or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal gent, the makipg of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federally appropriated funds have been paid or will paid to any person for influencing or attempting to influence as officer employee of any agency, a member of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with this federally funded contract, subcontract, subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL. 'Disclosure Form to Report Lobbying; is accordance with its instructions. u • The contractor shall require that the language of this certification be iachsdad is the award documents for all covered subawards at all tiers (mchsding subcontracts, subgmas. and contracts under groats, loans, and cooperative agreements) and that all covered subrecipients shall certify and disclose accordingly. C. The contractor certifies that if it is a corporation, it is either a non-profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas. D. The contractor by signature below certifies that these statements and all information submitted pursuant to this agreement see true and correct. The contractor understands that making a false certification by misrepresenting or withholding information is a mate'r'ial breach in violation of this contract, is grounds for immediate contract termination, sad may result in prosecution under applicable state and federal statutes. VIII. EFFECTIVE DATE AND SIGNATURES For the faithful performance of the terms of this contract. the parties hereto, in their capacities stated, affix their signatures and bind themselves. BRAZOS COUNTY, TEXAS Name of Contracting Organization (please print or type) Orig' igaature of atmaing rg oa's Authorized • Representative ALVIN W. JONES _ Name of Official Signing (Please print or type) T of Official (pl a print or type) Effective from July 1. 1996 ugh June 30. 1997 S 6 plea ~Pe . Si ro Date F sawed MARCH 1999 pAne s,J' 1' U 91996 ,.Wn%' i set~ttt:es e. s