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2007-03-27-9:00AM-REGULAR
VA BRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA f( A�, , BRAZOS COUNTY COMMISSIONERS COURT �I THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 27 MARCH 2007 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. Invocation and Pledge of Allegiance — Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 21: 3. Budget Amendment 06/07 -21.1 thru 06/07 -21.6. 4. Reclassification of the Human Resource Director position from a group and step to an annual salary position at $51,000. per year. 5. Personnel Change of Status. 6. Payment of Claims. 7. Resolution 07 -005 appointing Ken Medders, Jr. to replace Eddie Luna as Brazos County's representative on the Brazos County Appraisal District Board of Directors, effective immediately through 31 December 2007. 8. Request from Cedar Creek Masonic Lodge #300 for a five -year exemption from Ad Valorem tax on property located in the City of Kurten effective with the 2007 tax year, based on their status as a charitable organization. Office of the County Judge • 300 East 26" Syys� Suite 114 • Bryan, Texas 77803 • Fax: (979) 361 -4503 �'OL4b PAGE Commissioners Court Agenda 27 March 2007 Page 2 9. Resolution 07 -006 granting a five -year extension from Ad Valorum tax to Cedar Creek Masonic Lodge #300. 10. Extension Agreement with the City of Bryan for animal control services, extending the term from 1 November 2006 to 31 March 2007. 11. Contract with Incentives for residential services for alleged or adjudicated juvenile offenders. Term of agreement is 3/05/2007 through 8/31/2007. 12. Tax Refund Applications for the following: a. Judith Bennett f Sandra Cahill Cason (4) b. H &B Investment LP g. Kimberly A. Herron c. Angel Lopez h. Robert Macon McDonald d. Select Portfolio Servicing, Inc. i. Top Donuts e. Cingular Wireless LLC 13. Award of Bid 2007 -026, Purchase of Forklifts, to Stewart and Stevenson based on best price. 14. Award of Bid 2007 -030, Mowing of County Rights of Way, as follows based on best price: Primary Vendor: CW Services Secondary Vendor: Wellmann Enterprises 15. Capital purchase of two forklifts for the Exposition Complex per requisition #00013339. 16. Renewal of the agreement with Evercom Systems, Inc. for inmate telephone service, with no changes to the terms and conditions. 17. Permission to accept seized property awarded to the Sheriffs Office in the Justice of the Peace, Pct. 2.1 Court, to be sold at public auction. 18. Requisition 00013277 for the purchase of additional furniture for the I.T. Department. 19. Final Plat of Saddle Creek Subdivision Phase 1, 60.528 acres, block 4, lots 53 thru 57; James C. Stuteville League, A -216, (ETJ City of College Station), Brazos County, Texas. Site is located in Precinct 1. 20. Permission to enter Kelly Burt's property located off Stewart's Meadow for the purpose of reshaping (lowering and enlarging) the existing roadway ditch to drain water from the other side of the road for the health, safety and welfare of the general public. Site is located in Precinct 4. 21. Payment authorization in the amount of $480.00 from Jail Administration to Bryan EMS. Invoice is from 2005 but was never received. vU�13 51 Commissioners Court Agenda 27 March 2007 Page 3 22. Presentation regarding Delinquent Property Tax Collection activity for the period of September 1, 2006 through February 28, 2007. 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. Agency / Board / Committee reports by Court members. 26. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days efore [he meeting. 'To make arrangements, call (979) 361 -4102. V OL 3 PAGE 5a COMMISSIONERS' COURT REGULAR MEETING MARCH 27, 2007 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, March 27, 2007 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #06/07 -21.1 through 21.6 that would reallocate funds for the Constable, Precinct 1, Road and Bridge Department, Human Resources Department, County Clerk Administration, Constable, Precinct 4, and the TEEX Homeland Security Grant. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as Vol q3 Page 63 Commissioners Court meeting March 27, 2007 2 submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, 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: 7029462 through 7029745 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt Resolution #07 -005 appointing a replacement for the current County representative to the Brazos County Appraisal District Board of Directors who will complete that term. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to appoint Ken Medders, Jr. as the County's representative on the Brazos County Appraisal District Board of Directors, effective immediately through December 31, 2007. Vol U Page 54 Commissioners Court meeting March 27, 2007 3 The Court next considered a request from the Cedar Creek Masonic Lodge No. 300 for a five -year exemption from Ad Valorem Tax on property located in the City of Kurten effective with the 2007 tax year and based on their status as a charitable organization. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to adopt Resolution #07 -006 supporting the Cedar Creek Lodge No. 300 A.F. & A.M in its application for exemption from Ad Valorem taxation and recommend that the Brazos County Appraisal District grant such exemption. The Court next considered extending the term of the Animal Control Agreement with the City of Bryan from November 1, 2006 through March 31, 2007. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to extend the agreement with the City of Bryan and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The next matter before the Court was a contract for residential services with Incentives. This is for alleged or Vol lb Page 55 Commissioners Court meeting March 27, 2007 4 adjudicated juvenile offenders. Cost to Brazos County is as follows: Basic - $37.00 per juvenile per day Moderate - $82.22 per juvenile per day Specialized - $118.20 per juvenile per day The term of the contract is from March 5, 2007 through August 31, 2007. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the contract with Incentives and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a) Judith Bennett, Over Payment $334.02 b) H &B Investment LP, Over Payment $3,797.82 c) Angel Lopez, Over Payment $853.21 d) Select Portfolio Servicing, Inc., Over Payment $162.22 e) Cingular Wireless LLC, Over Payment $29.91 f) Sandra Cahill Cason (4), Over Payment $4.26, $11.00, $4.57, $7.43 g) Kimberly A. Herron, Over Payment $71.55 h) Robert Macon McDonald, Over Payment $14.28 i) Top Donuts, Over Payment $8.08 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered awarding Bid No. 2007 -026, Purchase of Forklifts. Becky Stephens Assistant Purchasing Agent, recommended acceptance of the bid submitted by Stewart Vol gl' Page 5 Commissioners Court meeting March 27, 2007 5 and Stevenson. On motion by the County Judge, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Stewart and Stevenson. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2007 -030, Mowing County rights -of -way. Becky Stephens, Assistant Purchasing Agent made the following recommends: Primary Vendor - CW Services Secondary Vendor - Wellmann Enterprises On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is attached. The next matter before the Court was consideration of requisition #00013339 in the amount of $74,873.00 for the purchase of two (2) forklifts for the Exposition Center. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Capital Purchase. The court next considered renewal of the agreement with Evercom Systems, Inc. for inmate telephone service. There are no changes in the terms and conditions of the contract. The Vol R 3 Page 6� Commissioners Court meeting March 27, 2007 6 term is from May 1, 2007 through April 29, 2008. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of the agreement with Evercom Systems, Inc. A copy is attached. The next matter before the Court was acceptance of seized property awarded to the Sheriff's Office in Justice of the Peace, Precinct 2 Place 1 Court, to be sold at public auction. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the seized property and sell it at public auction. A list of the property is attached. The Court next considered requisition #00013277 in the amount of $4,603.73 to purchase additional furniture for the Information Technology Department (IT). On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered approval of the Final Plat of Saddle Creek Subdivision Phase I , 60.528 acres, Block 1, Lots 1 through 7, Block 2, Lots 61 through 74, Block 3, Lots 42 through 51, Block 4, lots 53 through 57. The site is in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Wassermann, seconded by Commissioner Vol q3 Page 6 K Commissioners Court meeting March 27, 2007 7 Peters, the Court voted unanimously to approve the final plat of Saddle Creek Subdivision Phase I, 60.528 acres, Block 1, Lots 1 through 7, Block 2, Lots 61 through 74, Block 3, Lots 42 through 51, Block 4, lots 53 through 57 as submitted. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Kelly Burt on Stewart's Meadow in Precinct 4 to reshape the existing roadway ditch to drain water from the other side of the road. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to authorize the work. The Court next considered a payment authorization in the amount of $480.00 from Jail Administration to Bryan EMS. This invoice is from 2005 but was never received in the Sheriff's Office. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Alen, P.C. Attorneys at Law. Vol q3 Page 51 Commissioners Court meeting March 27, 2007 g Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Told the Court that on April 23 Id he will be in Austin to look at the EOC with the EOC radio committee. County Judge a) Asked Eric Caldwell, Director of the Information Technology Department (IT) to tell those in attendance about the open house held yesterday at the new IT facility. Eric Caldwell a) Thanked everyone involved in the building. He is very proud of the facility. Commissioner Mallard a) Asked Bill Ballard, Court Counsel for an Attorney General's Opinion on showing roads as assets. He received information from the county Engineer that said we will have to account for roads and show them as an asset. Under citizen input and /or concerns, the following spoke: a) Karen Hall Asked again that Commissioners names be listed at the top of the agenda for future reference. There were no Agency /Board /Committee reports by Court members. Vol 3 Page �eD Commissioners Court meeting March 27, 2007 There being no further business to come before the Court, the meeting was adjourned. Vol 9 ?) Page (01 The foregoing minutes of the Commissioners Court meeting held March 27, 2007 have been examined and are approved in oper Court this the /5r day of Ma-� 2007, in Bryan, Brazos County, Texas. Lloyd Wassermann Commissioner, Precinct 1 Duane Peters Kenny Mall d Commissioner, Precinct 2 Commissioner, Precin t 3 r ey a ley, Jr. Commiss'oner, Prec nct 9 Attest: L /l/1G a en McQueen ` County Clerk Vol q3 Page � a'— Pg / of?� BRAZOSCOUNTY COMMISSIONER'S COURT x 7' ` DAY OF , , 20 07 61: oo AM/PM. Name (PLEASE PRINT) LNr�Js �vl��� awl ! l i Organization (PLEASE PRINT) S e/ Allk- \_o-.-o� G c�', _�OTO 'll pia uw Pg /. of .Z. BRAZOSCOUNTY COMMISSIONER'S COURT )1!� DAY OF '-�,�x,!!�k , 20 61 1: Do AM/ftfq 55tj-fk� le Name .A Organization (PLEASE PRINT) /.7— So %1 mri — �o- �7 IF�3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-21.1 thru 06/07 -21.6 On this the 27`n day of March 2007 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 27 March 2007 the Court heard and approved a budget amendment for the 2005 -2006 budget year for Brazos County, Texas; and 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 12 September 2006, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 27s' day of March 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 6t3 f'MOE_.&,5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 21.1 3/27/2007 �3 gnu -6 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 21.2 3/27/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 65600000 CR Blades 3,500.00 0100 56001000 65620000 CR Equipment Maintenance 3,500.00 0100 56001000 67258600 DR Equipment - Other 7,000.00 Road & Bridge: To reallocate budget for the purchase of a he duty tire balancer. r � i t3l�f BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 21.3 3/27/2007 ,<A3 F GEC BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 21.4 VOLq3 PAGGE 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 21.5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 216 VOL V FAuE 7l PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 27, 2007 Department Submitting Information: Human Resourses Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk Bench, Judy New Hire Sawyer, Sara Resignation Human Resources Salazar, Jennifer New Hire Juvenile Services Blankenship, Marc Resignation Harris, Kevin New Hire Hurley, Joe Transfer within dept. Jackson, Tyrone State Stipend Pierce, Dustin Resignation Robinson, Leonard State Stipend Scholze, Brandy Resignation Warren, Brittany State Stipend S. O. Jail Andrews, Blake Resignation Phariss, William Transfer within dept. Smith, Ramsey Transfer within dept. Walker, Jimmy Resignation Williamson, Paul Termination Approved in Commissioner's Court: March 27, 2007: County Judge's or Commissioner's Signature:_y (This Copy to be attached to minutes) cif UR BRAZOSCOUNTY BRYAN,TEXAS RESOLUTION —'IV Whereas, Cedar Creek Lodge No. 300, A.F. & A.M. is an integral part of this county and community; and Whereas, Cedar Creek Lodge No. 300, A.F. & A.M. has incorporated in its bylaws a requirement to perform charitable work and public service; and Whereas, this Lodge and its members have supported, and continue to support such great Masonic charities, as the Texas Scottish Rite Hospital for Children, the Shriner's Hospitals for Children, the Shriner's Burn Institutes, the Texas Masonic Retirement Center, the Eastern Star Home for the Elderly, the Scottish Rite Dormitory for Girls in Austin, the Language Learning Center of the Brazos V alley, Disabled American Veterans, public schools week, drug awareness programs, the Kurten Community Center, scholarships for Still Creek Ranch, local outstanding citizen recognitions, blood drives, highway safety rest stops on holidays, and numerous other worthy causes; and Whereas, these and other charitable works benefit citizens across the State of Texas as well as our own community; Now, Therefore, Be It Resolved that the Brazos County Commissioners Court does hereby support Cedar Creek Lodge No. 300, A.F. & A.M. in its application for exemption from Ad Valorem taxation and recommend that the Brazos County Appraisal District grant such exemption. Adopted this the 27`h day of March, 2007 at a regular meeting of the Brazos County Commissioners Court, there being a quorum present, by y6— yeas and a nays and approved by the County Judge. -I /J ATTEST: Randy Sims County Judge c Karen McQueen, County Clerk Resolution #07 -006 V Ep qq ANIMAL CONTROL SERVICES AGREEMENT (Term Extension 11 -1 -06 to 3- 31 -07) THE STATE OF TEXAS COUNTY OF BRAZOS This Extension Agreement is made to extend the term of the Animal Control Services Agreement dated November 1, 2005 and entered into by and between the CITY OF BRYAN, TEXAS, on behalf of its Police Department (hereinafter referred to as "City ") and BRAZOS COUNTY, TEXAS, on behalf of its Sheriffs Department (hereinafter referred to as "Client "). WHEREAS, City and Client entered into an Animal Control Services Agreement ( "Agreement') dated November 1, 2005 (attached hereto as Exhibit "A "); and WHEREAS, the Agreement was effective for a period of one (1) year from the date it was executed; and WHEREAS, following a review of the Agreement by representatives of City and Client, said parties have reached agreement to extend the term thereof from November 1, 2006 through March 31, 2007 without any further amendments to its provisions; NOW, THEREFORE in consideration of the mutual benefits and promises made by each party to the other herein, said parties to hereby agree as follows: 1. The term stated in Section VIII.A. of the Agreement is hereby extended from November 1, 2006 to March 31, 2007. 2. All other provisions of the Agreement shall remain in full force and effect from November 1, 2006 through March 31, 2007 and the parties hereby agree to be fully bound to its terms in the same manner as they would have been if this Extension Agreement had actually been executed by them on November 1, 2006. Dated this day of , 2007. CITY OF BRYAN BRAZOS LA Mayor Bryan, Texas ATTEST: Mary Lynne Stratta, City Secretary k ;,q3 1"E -2f. Texas 7 STATE OF TEXAS COUNTY OF BRAZOS CONTRACT FOR RESIDENTIAL SERVICES n In accordance with provisions of the Governor's Office, Criminal Justice Division Grant, 8 and Incentives, hereinafter called Service Agency, by this Agreement, and in consideration of ti promises set forth below, agree that: PROVISION OF SERVICES The Service Agency agrees to provide the following services, which shall be limited to alleged or adjudicated juvenile offenders in licensed child care facilities: Basic - $37.00; Moderate - $82.22. Specialized - $118.20; A. For and in consideration of the above described services, Brazos County agrees to pay the Service Agency an amount not to exceed Basic - $37.00, Moderate - $82.22, Specialized $118.20. This fee does not exceed the actual cost of child care in the Service Agency, which is the some as above, and does not exceed the amount allowed in the current Criminal Justice Division /Health and Human Services Maximum Rate Schedule. Total reimbursement under this contract shall not exceed awarded grant amount. B. If a child is certified to be eligible for the Title IV -E Reimbursement Program and the rate stated in Section I.A. above is different that the Level of Care rate assigned to that child as per the Health and Human Services Code, that child will be billed at the actual Level of Care rate. C. Recognizing that a part of a client's rehabilitation program may include time away from the residential setting of the Service Agency such as weekends, holidays, etc., and that the Service Agency must retain space for this client until his return, Brazos County will pay the Service Agency the above agreed upon amount for such regularly scheduled days away from the Service Agency or its program providing they do not exceed ten (10) days' payment. D. If a client makes an unauthorized departure from the Service Agency, Brazos County shall be notified immediately. If the client returns to the Service Agency within ten (10) days or prior to the last billing day of the month, whichever shall occur first, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten (10) days' payment. The Service Agency is under no obligation to retain space for the client in unauthorized departure situations. F. Payment is to be made monthly- Claim for payment will be submitted no later than ten It 0) days from the last day of the month for which payment is being requested. G. Each billing should contain the name of the client or clients for whom payment is being requested, along with the number of days (stated consecutively) for which payment is requested. H. The Service Agency is under no obligation to accept a client who is deemed inappropriate for placement in the program by the Service Agency. I. The Service Agency shall be licensed by the Department of Family and Protective Services or an equally equivalent agency for their programs. Incentives Contract Period 03 105107 - 08131 /07 qtr Page 1 of 6 J. The Service Agency shall meet all other required licenses pertaining to health, fire and safety standards. K. If a child in placement at the Service Agency makes an unauthorized departure, becomes seriously ill, or is involved in an incident of a serious nature, the Service Agency shall notify the Brazos County Placement Officer immediately and ensure that parents and proper authorities, including the Texas Department of Public and Regulatory Services, are notified. L. Brazos County reserves the right to terminate the child's placement at the Service Agency at its discretion. The Service Agency must not release the child to any person or agency other than Brazos County without the express consent of Brazos County. M. Brazos County must approve the child's participation in any furloughs, home visits, or extended agency trips. N. Unless otherwise stipulated by Brazos County, the child may visit freely with parents and relatives at the home in accordance with established Service Agency policies. O. Suspected or alleged cases of child abuse must be immediately reported to the Brazos County Placement Officer and the Department of Public and Regulatory Services. II. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT A. Each client placed with the Service Agency shall have a written Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Agency staff and appropriate Brazos County personnel prior to placement. B. The Case Plan shall be reviewed jointly by the appropriate Service Agency staff, the child, and appropriate Brazos County personnel at reasonable intervals, not to exceed ninety (90) days, to assess the client's progress with modification of the Case Plan being made when indicated. C. The Case Plan shall contain the reasons why the placement will benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved in the Case Plan to assist in preventing or controlling the client's alleged delinquent behavior or conduct indicating a need for supervision as defined in the Texas Family Code. D. Copies of the original Case Plan and the periodic review are to be maintained by the Service Agency and the Brazos County Placement Officer. Goals, Outputs, and Measurable Outcomes: The Service Agency agrees to pursue the goals and values of the Brazos County Juvenile Probation Department through providing services to clients which enable client growth and development to the client's fullest potential. This development will be through the provision of a safe, drug -free environment in which counseling services are utilized as tools for educational, emotional, and behavioral catharsis. 2. The Service Agency shall provide the Brazos County Juvenile Probation Department, within ten (10) working days, information which outlines the services provided to clients. These output measures might include, but are not limited to: a. Average length of stay of clients. Incentives - Contract Period 03105107 - 08131107 Page 2 of 6 . q3 ef.,:.E le b. Specific type of milieu implemented by the Service Agency. C. Average number of counseling hours provided each client daily, weekly, or monthly. d. Number and types of reporting measures. 3. The Service Agency agrees to furnish the Brazos County Juvenile Probation Department the annual indicators which express the effectiveness of the Service Agency in providing public benefit. These measurable outcomes will be submitted annually and may include: a. The percentage of clients successfully completing the program. b. The percentage of clients who are reunified with family or guardians. C. The percentage of youth who remain drug -free, do not re- offend, and /or remain in school for a designated aftercare period. Ill. EXAMINATION OF PROGRAM AND RECORDS A. The Service Agency agrees that it will permit Brazos County to examine and evaluate its program of services provided under the terms of this Contract and to review Brazos County client records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the Service Agency and the client. B. The Service Agency shall provide Brazos County such descriptive information on contracted clients as requested on forms provided by Brazos County. C. The Service Agency shall provide Brazos County their annual TJPC /DFPS Facility Monitoring Report or facility Registry information, and child abuse and neglect investigation statistics. These shall be provided annually prior to contract execution. D. The Service Agency agrees to maintain and make available for inspection, audit, or reproduc- tion by an authorized representative of Brazos County, books, documents, and other evidence pertaining to the cost and expenses of this Contract, hereinafter called the Records. This includes profit and loss statement, annual financial statements, and outside, independent audits. These documents will be provided to Brazos County prior to entering into or renewing contract. E. The Service Agency agrees to maintain these Records for three (3) years after final payment or until the State - approved audit has been made and all questions therefrom are resolved. The Service Agency shall adhere to all applicable state and federal laws and Regulations pertinent to the Service Agency's provision of services to Brazos County. G. Under Section 231.006, Family Code, the Service Agency certifies that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. IV. FEE ASSESSMENT A. Clients or their families shall not be assessed fees for services by the Service Agency unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of County clients for donations of clothing, personal articles, Incentives - Contract Period 03105107 - 08131107 /� Page 3 of 6 and funds to assist in supporting a youth's rehabilitation. B. Any and all medical treatments required to meet the needs of the child shall be the sole responsibility of the said child's parent(s), guardian(s), or court - ordered appointed conservator, by either personal payment, health insurance, or Medicaid coverage, as well as clothing, or other expenses not provided for in the Service Agency's program. It is the Service Agency's responsibility to ensure the child's eligibility for Medicaid. Brazos County will not be responsible for medical expenses for a child who is Medicaid eligible. In the event that the parent or guardian is unable to assume this financial responsibility, the Brazos County Juvenile Probation Department will assume such to a limited extent provided funds are available and prior authorization by the Chief Executive Officer has been secured, accepting only genuine medical emergencies. C. If a client is eligible for fiscal support from another state agency or organization, the Service Agency shall ensure that Brazos County is not charged for such fiscal support for which the client is otherwise eligible. D. The Service Agency agrees to account separately for the receipt and expenditure of any and all state funds received from Brazos County. These state funds are dispersed through the Texas Juvenile Probation Commission to fund residential care. These records will be included in the information provided to Brazos County at the time of contract renewal or execution of an initial contract. V. EQUAL OPPORTUNITY Services shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964. The Service Agency will not discriminate against any employee, applicant for employment, or client because of race, religion, color, sex, national origin, age, or handicapping condition. The Service Agency will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapping condition. VI. OFFICIALS NOT TO BENEFIT No officer, member, or employee of Brazos 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 under- taking 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. VII. INDEMNIFICATION It is further agreed that the Service Agency 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 of the Service Agency, its agents, servants, or employees arising from activities under this Contract. The Service Agency shall have no obligations to indemnify and hold harmless Brazos County for any act(s) of commission or omission of Brazos County or Brazos County's agents, servants, or employees arising from or related to this Contract from which a claim or other action is made. VIII. DEFAULT Brazos County may, by written notice of default to the Service Agency, terminate the whole or any part of this Contract in any one of the following circumstances: Incentives - Contract Period 03/05/07 - 08131107 q �% (J Page 4 of 6 A. If the Service Agency fails to perform the work called from by this Contract within the time specified herein or any extension thereof; or B. If the Service Agency fails to perform any of the other provisions of this Contract, or so fails to prosecute the work as to endanger performance of this Contract in accordance to its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such extension as authorized by Brazos County in writing) after receiving notice of default. C. In the instance where a breach of contract by default occurs, payment will be refunded to Brazos County by the Service Agency. IX. DANGEROUS CHILDREN The Service Agency may be working with violent and potentially dangerous persons. Therefore, it is the Service Agency's duty to alert and inform the Brazos County Placement Officer and the Chief Executive Officer or his designee of any threatened or potentially dangerous situation which may arise from or in conjunction with any services the Service Agency provides hereunder. The Service Agency further agrees that Brazos County is not responsible for such violent or dangerous conduct, or liable for any damages arising therefrom, on the part of any persons with whom the Service Agency works or comes into contact with pursuant to this Agreement. TERMINATION A. This contract may be terminated by either party by giving ten (10) days written notice to the other party hereto of the intention to terminate. B. Termination of the clients residence with or receipt of services from the Service Agency shall occur only after notifying the Brazos County Placement Officer of the causes and with sufficient lead time of at least ten (10) days to allow alternate placement or referral for service. XI. LAW AND VENUE In any legal action arising under this Contract, the laws of Texas shall apply and venue shall be in Brazos County. XII. CONTRACT PERIOD The contract period will begin on the 5'" day of March, 2007, and will terminate on the 31 st day of August, 2007. BRAZOS COUNTY Randy SlpX, County Judge and Br os County Juvenile Board Chairman V Doug Vance, PhD, Executive Director Juvenile Services Department Date 3- l�l` Date Incentives - Contract Period 03 /05/07 - 08/31/07 Cn� //fin% Page 5 of 6 SERVICE AGENCY PRINTED name of person signing this Contract PRINT FACILITY NAME AND ADDRESS: PRINT BILLING NAME AND ADDRESS: PRINT NAME OF BILLING CONTACT PERSON: VRPU1e, bo Httii CPS LICENSING REPRESENTATIVE: z DateT- t0 Title FACILITY TELEPHONE NUMBER: 2-$I- 399 - lq lb BILLING TELEPHONE NUMBER: ZS 1- 39 8 - 141B FEDERAL TAX IDENTIFICATION NUMBER: CPS TELEPHONE NUMBER: Incentives - Contract Period 03/05/07 - 08/31/07 O Page 6 of 6 . I /. IL 41,) CD LU 9 �2 a ) cm (/ ;!- $ cr cr -2 � « ■m CO) §B J 3 § k A - uj cc CO) 17L / co ,c.4 14 :3 2 CD § f � ■$ �2 ! \ §� 7 2 © U. B ° LO 7� k� � k g-0 2 2 _ o ! : B ■ ■ ■ $ { 0 0 LW i z ' LU . $ § f � _ _ f$� u g �aa t § o °kb� 0& zz a ) § � K $ $ Z §§ s � U. 2■ #� a§ J u / 2 . I /. Z W �a ° H 0 0 N W Z N N W W � tl IL w CD o o o W ~ 00 -j LU n o U W O zi 40 w Z H M p N a N D Qi J ,N C:j t N C3.: 3 CD v_� .` N Q 3v oc C) °�� 3 o o O ° > H o O y ° c' M o c 0 0 Z W c a CQ d a r IL a a z J 2 J Z � 0 VR oZ wd fIL LU a LL W OC1 W LU5 Q LL va ya z v U- ON SECURUS 14651 DALLAS PARKWAY SUITE 600 DALLAS, TX 75254 -8815 W W W.SECURUSTECH.NET March 15, 2007 Brazos County Purchasing Department Attention: Pat Howard 300 East 26th Street, Suite 117 Bryan, TX 77803 Dear Ms. Howard: This letter affirms that the agreement between Evercom Systems, Inc. and Brazos County, dated as of April 2003 (the "Agreement ") will automatically renew for a term of 1 year at the same terms and conditions except as otherwise described below. All terms and conditions of the Agreement not amended by this letter remain in full force and effect. Please confirm, by signing and returning one copy of this letter that the foregoing reflects our mutual understanding with respect to the renewal of the term of the Agreement. Sincerely, John J. Viola AGREED AND ACCEPTED: Title: L a fs. url(cJ Date: 3 —„2? — c) 7 EVER M SYST S, I By Na e: Jo J. Viola Title: VP & GM Date: Evercom Systems, Inc Inmate Calling Contract INMATE PAY TELEPHONE AGREEMENT This Inmate Pay Telephone Agreement (the "Agreement ") is by and between Brazos County Texas. (the "Customer ") acting by and through its duly elected Commissioner Court located at 300 East 261s Street, Bryan, Texas and Evercom Systems, Inc. ( "Evercom ") located at 8201 Tristar Drive, Irving, Texas 75063. 1. Exclusive Rights. The Customer, for and in consideration of the payment of the Commission (as hereinafter defined) and the services to be provided by Evercom, grants Evercom the exclusive right and license to install and maintain an inmate telecommunications system governing all inmate calls, including local and long distance traffic for collect calling and potentially debit calling, and inter - related hardware and software (collectively, the "Equipment") within all pre- existing and future jail and/or detention facilities of the Customer (collectively, the "Facility ") and hereby licenses the Facility for that purpose, upon the terns and conditions set forth in this Agreement. The Customer agrees to make the Facility available to Evercom for complete installation and operation of the Equipment. 2. Compensation. In consideration of the exclusive right to install and operate the Equipment within the Facility, Evercom agrees to pay the Customer fifty two percent ( 52 %) of the actual gross billings from use of the Equipment calls by inmates within the Facility (the "Commission "). "Gross Billings" shall mean the total calls placed on or through the Inmate Telephone System, billed at rates set forth in Schedule B Section 2 of the Evercom Response to RFP #2003 -021 with no deduction or credit to Evercom for disconnects, expenses, allowances, bad debts, or billed calls not collected or which otherwise does not result in revenue to Evercom. The Commission shall be paid to the Customer on a monthly basis, as set forth in Section 3 below. Evercom will upgrade the three existing CAM Work Stations within 60 days of contract execution. Evercom also agrees to provide future software upgrades to the customer on a timely basis and at no charge to the customer. The Customer agrees that any current or future use of prepaid calling card services will be covered by a separate agreement between the parties 3. Payment and Accounting. Evercom agrees to pay the Customer the Commission on a monthly basis. The Commission shall be paid no later than thirty days following the month in which billings were generated from the Equipment during the Term (hereinafter defined) of this Agreement. All Commission payments shall be final and binding upon the Customer unless written objection thereto is received by Evercom within 60 days of mailing of the Commission payment to Customer by Evercom. Customer agrees to notify Evercom in writing if the Customer wishes the Commission to be remitted to an address that is different than the address on the first page of this Agreement 4. Maintenance and Repair. During the Term of this Agreement, Evercom will repair and maintain the Equipment in good operating condition, including without limitation, furnishing all parts and labor, and all such maintenance shall be conducted in a timely manner (usually within 24 hours). Such repair and maintenance shall be provided at Everson's sole cost and expense.Customer shall notify Evercom of damage requiring repair as soon as practicable after ascertaining the same. The Customer shall permit employees or contractors of Evercom reasonable access to the Facility in order to service, repair, and maintain the Equipment. 5. Liability Insurance. Evercom agrees to maintain comprehensive general liability insurance coverage having limits of not less than $1,000,000.00 in the aggregate. Evercom 02003 Everoom Systems, Inc. p 2 p Page t Revise 311 r2003 Everoom Systems, Inc Inmate Calling Contract agrees to hold Customer harmless from any and all claims, causes of action, or demands arising out of or related to the utilization of the Equipment. The Customer agrees to provide Evercom with reasonable and timely notice of any such claim, demand, or cause of action. Evercom shall have the right to defend any such claim, demand, or cause of action at its sole cost and expense and within its sole and exclusive discretion. The Customer agrees not to compromise or settle any claim or cause of action arising out of or related to the utilization of the Equipment without the prior written consent of Evercom. 6. Term of Agreement. This Agreement shall be effective as of the date it is signed by both parties (the "Commencement Date ") and shall remain in force and effect for 2 years from the Commencement Date (the "Initial Term "). If, because of strikes, riots, wars or for any other reason, business operations at the Facility shall be interrupted for periods of time other than as is customary for operations conducted at the Facility, the expiration of the Term of this Agreement shall be extended for a period of time equal to the period of such extraordinary interruption of business operations. 7. Default and Termination. Customer may terminate this Agreement on thirty (30) days prior written notice. In the event any governmental tariff or regulation prevents Evercom from providing services, or such tariffs or regulations make continuation of this Agreement impractical for economic reasons or otherwise, then Evercom, at its sole discretion, may terminate this Agreement without liability. In the event of a termination of this Agreement for any reason, the Customer agrees to allow Evercom access to the Facility in order to remove the Equipment. Evercom agrees to remove the Equipment within thirty days after termination of this Agreement. S. Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, EVERCOM SHALL HAVE NO LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, THIRD PARTY CLAIMS, LOSS OF PROFITS OR INCOME, LOST OR CORRUPTED DATA, OR LOSS OF USE OR OTHER BENEFITS ARISING OUT OF OR IN ANY WAY RELATED TO ANY PRODUCT OR SERVICE PROVIDED PURSUANT TO THIS AGREEMENT. ANY LIABILITY OF EVERCOM UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF COMMISSIONS OWED BY EVERCOM TO THE CUSTOMER. EVERCOM'S OBLIGATIONS UNDER THIS AGREEMENT ARE IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED. EVERCOM MAKES NO WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, OR WARRANTY OF NON - INFRINGEMENT WITH REGARD TO ANY PRODUCT OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. EVERCOM IS NOT RESPONSIBLE FOR ANY MANUFACTURER'S WARRANTIES. 9. Notices. Any notice or demand made by either party under the terms of this Agreement or under any statute shall be in writing and shall be given or made by mail, postage prepaid, addressed to the respective party as set forth in the introductory paragraph of this Agreement, or to such other address as a party may designate by written notice in compliance with this Section. 10. Rates. The rate for local collect calls from the Equipment shall be a flat fee of $4.25 without any per minute charge. The rate for long distance collect calls from the Equipment shall be composed of a set -up fee and a per minute charge based on the type of call (intralata, interlata or interstate), the time of day, and the calling distance as referenced in Evercom Response to RFP #2003 -021 section 2, Schedule B. Evercom shall not modify the rates for v euw tvemom systems, Inc. Page 2 Revise 3/1 1=3 5 Everoom Systems, Inc Inmate Calling Contract collect calls unless the increase is in compliance with the P.U.C. filed rates and the Brazos County Commissioners Court approves the implementation and amount of the increase in writing. 11. Miscellaneous. A. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas. B. No waiver by either party of any event of default under this Agreement shall operate as a waiver of any subsequent default under the terms of this Agreement. C. If any provision of this Agreement is held to be invalid or unenforceable, the validity or enforceability of the other provisions shall remain unaffected. D. This Agreement shall be binding upon and inure to the benefit of Evercom and the Customer and their respective successors and assigns. E. This Agreement may be executed in counterparts, each of which shall be fully effective as an original, and all of which together shall constitute one and the same instrument. F. This Agreement constitutes the entire Agreement of the parties and supersedes any prior or contemporaneous oral or written agreements (except for a contemporaneous written agreement regarding prepaid calling cards, if any). G. This Agreement cannot be modified orally and can only be modified by a written instrument signed by all parties. H. Evercom, at its sole cost and expense shall secure the county, state, or federal licenses required for the provision of services contemplated by this Agreement. I. The Customer acknowledges that the Equipment at all times remains the sole and exclusive property of Evercom. The Customer agrees that it shall not dispose of, reverse engineer, decompile, disassemble, re- engineer or otherwise create or attempt to create or allow others to create the source code or structural framework of the Equipment. J. If Evercom is the first party to execute this Agreement, then the Customer shall have until 5:00 p.m. (Central Time) 90 days from the date set forth under Evercom's signature below, to execute and deliver this Agreement to Evercom. If the Customer has not executed and delivered this Agreement to Evercom within the 90-day period, then the offer made by Evercom to enter into this Agreement shall terminate and be null and void after such time. Evercom may also terminate the offer made by this Agreement prior to the end of the 90-day period by written notice to the Customer unless the. Customer has previously signed and delivered this Agreement to Evercom. K. In the event that Evercom, in its sole discretion, determines that the revenue generated by the Facility is insufficient to justify continued service, Everoom shall have the right to terminate this Agreement upon 30 days' prior written notice to the Customer. ® 2003 Ever= Systems, Inc. Page 3 Revise 3111003 Q Evercom Systems, Inc Inmate Calling Contract L. If Evercom has paid a signing bonus to Customer and if this Agreement is terminated for any reason prior to the end of the Initial Term, then the Customer shall refund to Evercom an amount equal to the signing bonus times a fraction, the numerator of which is the number of months between the date of termination and the end of the Initial Term and the denominator is the number of months in the Initial Term. The Customer shall pay any such refund to Evercom within 10 days of any such termination, or at Evercom's election, Evercom may deduct the refund from any Commissions owed to the Customer. M. Evercom Response to RFP# 2003 -021 dated December 20, 2002 ( "Response ") is incorporated herein by reference and made a part hereof for all purposes. In the event of a conflict in the terms and provisions of this Agreement and the Response, the terms and conditions of this Agreement shall control and be given priority. Each signatory to this Agreement warrants and represents that he or she has the unrestricted right and requisite authority to enter into and execute this Agreement, to bind his or her respective party, and to authorize the installation and operation of the Equipment. EXECUTED as of the date and year signed below: Evercom Systems, Inc. By:� N e: Jo i J. Vi la Tit ice President -Sales and Marketing Date: - -�- / -0 3 Customer Brazos Coun exas By: Name: Randy gins Title: Judge Date: m cwo cwtwm oysiems, me' Page 4 Revise 3/1112003 q3. 87 April _, 2003 Wayne Dickey Brazos County Jail 300 East 2e Street Bryan, Texas 77803 Re: Evercom Prepaid Calling Card Letter of Agreement Dear Chief Dickey, The purpose of this Letter of Agreement (LOA) is to confirm our mutual agreement to supplement the services provided by the Inmate Pay Telephone Agreement dated April _, 2003, through the addition of debit based calling services. Your signature below signifies your agreement to the following terms and conditions: In consideration of the exclusive right to provide debit calling services for the facility (debit calling services defined as any advance paid calling program, facility or non - facility based), Evercom shall provide Customer with Prepaid Calling Cards or accounts at a rate for domestic calls of fifty cents ($.50) per minute at a discount of 30% (i.e., $14.00 charge will apply to a $20.00 card). International rates will vary. A quarterly bonus equal to 15% of the quarterly debit card purchases will be given to the Sheriffs Office. • This LOA has no fixed tens and may be cancelled at any time by either party. This provision concerning the Tenn of this LOA will have no impact or bearing on the Tenn of the Inmate Pay Telephone Agreement itself. • Customer agrees to pay Evercom based on the following terms: o Evercom will invoice the cost of debit calling cards minus the discount on a monthly basis. Payment is required within thirty days of receipt of invoice. Thank you for choosing Evercorn to provide you with all of your Inmate telecommunication services. If you have any questions at all, please do not hesitate to contact Gene Stinnett at 877 - 306 -1080. If for some reason you are unable to reach me and have questions regarding our prepaid products, please contact DeWayna Bamburg, Evercom Prepaid Product Manager, at 800 - 947 -0899 ext 4186. We look forward to continuing to provide innovative solutions to your inmate communication needs. Evercom Syst ms, I c Signat Nam : JO I 0 Title: /✓ cr" Date: 1 agree to the terms and conditions stated above. Brazos Coun T� Signature: Name: Wayne Dicky Title: Jail Administrator Date: 4 -23 -03 VOM) PAGE DO BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: March 27, 2007 ITEM: Request for permission to enter Kelly Burt's property located off Stewart's Meadow for the pumose of reshaping (lowering and enlarging) the existing roadway ditch to drain water from other side of road for the health, safety and welfare of the eg neral public. Site is located in Precinct 4. PRESENTATION: Existing fence will be removed for the duration of the work and replaced upon completion of work. Excess dirt will be placed on owner's property. SUBMITTED Y: Richard F. Vance, P.E. County Engineer CC07 -025 APPROVED BY: Commissio r Carey Cauley Precinct 4 This Request is Approved (or) Denied by Commissioners' Court Date: '%16-J / Randy ,Sifirs, County Judge VO � A'E � BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims Brazos County Road 8 Bndge Dept Brazos County Judge 2617 Hwy 21 West Bryan, Texas 77803 Lloyd Wassermann Offices 979 -822 -2127 Commissioner Pct t Pelt 979-775 -0453 E. Duane Peters Commissioner Pot 2 Kenny Mallard Commissioner Pot 3 Carey Cauley Commissioner Pct 4 DATE: March 20, 2007 LAND OWNER AND ADDRESS: Kelly Burt 6217 E. State Hwy. 21, Bryan Texas 77808 II. LOCATION OF WORK: Stewart's Meadow III. DESCRIPTION OF WORK TO BE DONE: Permission to enter your property for the purpose of re- shaping (lowering and enlarging) the existing roadway drainage ditch to drain water from other side of road: excess dirt will be placed on owner's property. Existing fence will be remove and replaced upon completion of work. IV. MAINTENANCE YES _ NO X IF YES. ESTIMATE FREQUENCY OF MAINTENANCE: prior to Richard F. Vance, P.E. County Engineer Owner's Signature: Engineer AideYPoreman /Right of Way Agent Date: 3 — eAr `0 ? 40L �5 pFEE �_