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HomeMy WebLinkAbout2007-12-04-9:00AM-REGULARU J`1 -� o P BRAZOS COUNTY , , BRYAN, TEXAS y ,n (If."Y' NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 4 DECEMBER 2007 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -15: 3. Budget Amendment 06/07 - 55.1. 4. Budget Amendment 07/08 - 9.1 thru 9.2. 5. Personnel Change of Status. 6. Payment of Claims. 7. Appointment of the following individuals to the Brazos County Emergency Services District 2 Board; term of appointment is 1 January 2008 through 31 December 2010: a. James Rosier (re- appointment) b. Dwayne Creel 8. Appointment of Daniel Johnson as a non -paid deputy in the Precinct 1 Constable's Office. Office of the County Judge . 300 East 26" St. . Suite 114 . Bryan, Texas 77803 . Fax: (979) 361 -4503 VIOL t o 4 PAGE .I Commissioners Court Agenda 4 December 2007 Page 2 9. Addition of coverage for medically necessary breast reduction surgery to Brazos County's Blue Cross /Blue Shield plan. 10. Employee Assistance Program (EAP) Services Agreement with Deer Oaks EAP Services, a division of Deer Oaks Mental Health Associates, P.C., as an EAP provider to County employees and their dependents. Term of this agreement is 1 January through 31 December 2008. 11. Emergency Management Performance Grant Application for Fiscal Year 2008. 12. Out of state travel request from Jail Administration for Lt. David Drosche, `Sgt. Christie Pechacek and Jail Administrator Wayne Dicky to tour detention facilities in Tampa, Florida, and Perry, Georgia as part of the design process for the expansion of the Brazos County Detention Center. Dates of travel are 20 -21 November 2007. 13. Tax Refund Applications for the following: a. Mitchell & Cheryl Smith b. James D. Harrison c. Matthew T. Scillia d. Nancy L. & Roy Lopez e. Phebe Piccolo - Simmons f. Marvelet Ebbs g. Ivan & Griselda Magallon h. Assemblage of Praise Church i. Todd Carnes j. Patrick M. & Rebecca Binder 14. Contract with Bell Tex Construction for the removal of black algae from the atrium area of the new County Administration Building. 15. Payment Authorization in the amount of $167.06 to Pro Star Industries for high performance finish wax for the Expo Complex's exhibit hall floors. 16. Acknowledgement of the Monthly Reports submitted in November 2007. These reports are available for review in the County Judge's Office. 17. Announcement of interest items and possible future agenda topics. 18. Call for citizen input and/or concerns. 19. Agency / Board / Committee reports by Court members. 20. 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 before the meeting. To make arrangements, call (979) 361 -4102. VOL I A PAGE COMMISSIONERS' COURT REGULAR MEETING DECEMBER 4, 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, December 4, 2007 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Absent; 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 then led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #06/07 -55.1 that would recognize realized revenues in excess of the budget for the Health and Life Fund. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. Vol 10 Page 3 Commissioners Court meeting December 4, 2007 2 The Court next considered Budget Amendment #07/08 -9.1 through 9.2 that would transfer funds from Contingency to Capital Projects- Commissioners' Court and transfer funds from Contingency to Commissioner's Support Central Appraisal District. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as 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 Wassermann, seconded by Commissioner Peters, 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: 7044019 through 7044375 On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the appointment of individuals to serve on the Brazos County Emergency Services District 2 Board. The term of the appointment is from January 1, 2008 through December 31, 2010. Vol 104 Page + Commissioners Court meeting December 4, 2007 3 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to reappoint James Rosier and appoint Dwayne Creel to serve on the Brazos County Emergency Services District 2 Board. The Court next considered a request from Constable Precinct 1, Archie Clark, to appoint Daniel Johnson, as a non - paid Deputy Constable. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Constable Clark to appoint Daniel Johnson as a non -paid Deputy Constable subject to appointment being within the allotted number of deputies. The next matter before the Court was consideration of a request from the Human Resources Department to include coverage of medically necessary breast reduction surgery in the County's Blue Cross Blue Shield Insurance plan. The insurance consultant stated that the claims impact would be miniscule and that covering this surgery will not impact our Stop Loss rates. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request for coverage of medically necessary breast reduction surgery in the County's Blue Cross Blue Shield plan. The Court next considered entering into agreement with Deer Oaks Employee Assistance Program (EAP Services), a Vol /04, Page 6 Commissioners Court meeting December 4, 2007 4 division of Deer Oaks Mental Health Associates, P.C. for county employees and their dependents. The County Judge asked the cost of this service. The HR Director Jennifer Salazar commented that it is fairly expensive if not used. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to enter into agreement with Deer Oaks Employee Assistance Program (EAP Services), a division of Deer Oaks Mental Health Associates, P.C. 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 consideration ofan Emergency Management Performance Grant Application for fiscal year 2008. This is a reimbursement grant for expenses incurred in running the Department. There are performance standards that must be met in order to receive reimbursement. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to make application on behalf of Brazos County to the Governor's Division of Emergency Management, Texas Department of Public Safety and to accept on behalf of Brazos County such grant funds as may be tendered. A copy is attached. The next matter for consideration by the Court was a request submitted by the Jail Administrator seeking approval Vol D Page & Commissioners Court meeting December 4, 2007 5 for out of state travel for Lieutenant David Drosche, Sergeant Christie Pechacek and Jail Administrator Wayne Dicky to tour the Hillsborough County Detention Center in Tampa, Florida and the Houston County Detention Center in Perry, Georgia on November 20 -21, 2007 as part of the design process for the expansion of the Brazos County Detention Center. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Jail Administrator and approved payment of out of state travel expense for Lieutenant David Drosche, Sergeant Christie Pechacek and Jail Administrator Wayne Dicky. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Mitchell & Cheryl Smith, over payment $175.02 b. James D. Harrison, over payment $1435.59 c. Matthew T. Scillia, over payment $226.91 d. Nancy L. & Roy Lopez, over payment $100.83 e. Phebe Piccolo - Simmons, over payment $2634.44 f. Marvelet Ebbs, over payment $258.99 g. Ivan & Griselda Magallon, over payment $99.98 h. Assemblage of Praise Church, over payment $31.05 i. Todd Carnes, over payment $3407.98 j. Patrick M. & Rebecca Binder, over payment $500.05 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. Vol I o q Page °7 Commissioners Court meeting December 4, 2007 6 The Court next considered a contract with Bell Tex Construction for the removal of black algae from the atrium area of the new County Administration Building. Commissioner Peters moved to approve. Commissioner Mallard seconded the motion. After some discussion, Commissioners Peters and Mallard withdrew their motion and second. Then on motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to table consideration. The Court next considered a payment authorization in the amount of $167.06 to Pro Star Industries for high performance finish wax for the Exposition Center's exhibit hall floors. The purchase order was closed before the correction was received. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of the Extension Service reports for November 2007 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Justice of the Justice of the Justice of the Justice of the Constable, Pre Peace Peace Peace Peace Peace cinct Precinct 1 Precinct 2, Place 1 Precinct 2, Place 2 Precinct 3 Precinct 4 1 Vol 10 4 Page 9 Commissioners Court meeting December 4, 2007 Constable, Precinct 2 Constable, Precinct 3 Constable, Precinct 4 Brazos County Events Facilities Road & Bridge District Clerk Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. 7 Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) The quarterly Texas High Speed Rail meeting will be held tomorrow at the Bush Library. There was no citizen input and /or concerns. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) There was an update on the BVWAC grant application. It has been approved and is being forwarded to the federal government of funding. There being no further business to come before the Court, the meeting was adjourned. Vol (o 4Page 7 The foregoing minutes of the Commissioners Court meeting held December 4, 2007 have been examined and are approved in open Court this the day of �, 2008, in Bryan, Brazos County, Texas. Randy Si County. udge Duane Peters Commissioner, Precinct 2 0( b5en k- Carey Cauley, Jr. Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Vol Jo 4 Page to X14 Lloyd Passermann Commissioner, Precinct 1 Kenny Mall Commissioner, Preci ct 3 B azos County Commissioners Court Meeting on , Wiz, , 20081 at r` CC; Q111 Name Organization /Department r. Y, t�l 717 zw� eel( CA L� 7SU -�6 A 1 i' 1, 41 10�1 VOL / 04 PAGE l l BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-55.1 On this the 4`h day of December 2007 at a special called session 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 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 4 December 2007 the Court heard and approved a budget amendment for the 2006 -2007 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 4`h day of December 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 IO PAGE IX- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 55.1 12/4/2007 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 5000 45010000 CR Interest - Accounts 3,248.00 5000 46028500 CR Reitree Medical Premium 8,000.00 5000 46028700 CR Excess Risk Benefit 11,000.00 5000 46028800 CR I All COBRA Premiums 15,000.00 5000 46029300 CR Medical - 911 District 16,000.00 5000 64005000 71112000 DR 1HLI - Medical Claims 53,248.00 Health and Life Fund - To reco nize realized revenues in excess of budget for the following reasons: 1 The entire fund - both revenues and expenses - have increased over the 06 -07 y ear; 2 During the CAFR preparation, the County is required to record the anticipated medical claims that had not been filed at ear -end and the estimated amount is more than what was available. Prepared By: fd Date: 11/27/2007 0 Department Approva� Date VOL 1 v4 PAGIE 13 �y BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007 -2008 BUDGET YEAR NO. 07/08-9.1 thru 07/08 -9.2 On this the 4'h day of December 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 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 4 December 2007 the Court heard and approved a budget amendment for the 2007 -2008 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 11 September 2007, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 4'h day of December 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Utz Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes VOL-104PAGE 14 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 9.1 1 ?iai7nn7 Fk450063000500 Div 11001500 ACCT 61130000 911 10000 49028000 1 80110000 PROD DR /CR CR DR CR DR ACCOUNT NAME Increase Contin enc Transfer to Capital Project Funds 7,457.51 Transfers from General Fund 7,457.51 1811 ildin - JP Offices 7,457.51 Decrease 7,457.51 Capital Projects -Commissioners' Court: To provide funding of the final payment for the installation of the phone s stem at JP Pct. #3 building. The use of contingency funds was -approved b Commissioners Court on Tuesday, November 20, 2007 a enda item number 20. Prepared By: ifj Date: 11/21/2007 Department Approval Date V01104 PA E 15 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 9.2 12/6/2007 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 17,570.00 0100 11002000 73320000 DR Central Appraisal District 17,570.00 Commissioner's Court: Community Support To provide funding for the increase in allocation for the Brazos County Appraisal District for FY 2008. The estimated allotment was $424,551 during the budgeting rocess for FY 2008. The alloment was recalculated using the actual 2007 levy increasing the alloment to $442,121. This amendment is to pr ovide the funding for the $17,570 increase. Prepared By: ifj Date: 11/28/2007 WL104P "'EICP Y PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 4, 2007 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Exposition Complex Juvenile Services Day, James C. Resignation Box, Gary State Stipend Manning, Jeffrey State Stipend Approved in Commissioners' Court: Decembe County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 4�/7,0 DEER OAKS/EMPLOYER EAP AGREEMENT 1 EMPLOYEE ASSISTANCE PROGRAM EAP SERVICES AGREEMENT This Employee Assistance Program Services Agreement (the "Agreement ") is made and entered into as of January 1, 2008 by and between Brazos County (the "Employer ") and Deer Oaks EAP Services, a division of Deer Oaks Mental Health Associates, P.C., (the "Company "), a Texas professional corporation. WHEREAS, Employer desires to employ Company to provide an Employee Assistance Program ( "EAP ") for Employer's employees (the "Employees ") and their dependents (defined below) on the terms and conditions set out herein; WHEREAS. Company desires to be employed by Employer to provide the Employee Assistance Program on the terms and conditions set out herein; NOW, THEREFORE. In consideration of the mutual covenants set out herein, the parties hereto agree as follows: 1. Scone of Work and Services. In consideration for the "per employee per month" fee described in Section 2. below, Company agrees to provide to Employer's employees and their dependents (collectively, "participants ") all of the services described in this Agreement, and in Company's proposal to Employer, including, but not limited to, the services described below. Company shall provide telephonic support services to any dependents residing out of state as needed. a. Intake (Telephonic Triage Assessment): This service will be available to all employees and their dependents and is immediately available during regular business hours and in emergency situations via the 24 -hour, 7 day a week emergency on -call system. b. Initial Diagnostic Assessment: Following a telephone intake, an appointment is set up with the client in question for the Initial Face -to -Face Assessment appointment. Assessments include VOL M PASSE 19 DEER OAKS/EMPLOYER EAP AGREEMENT 2 a complete history of the presenting problem and stressors for development of a diagnosis and treatment plan. This session counts as one of the EAP visits included in the plan. c. Short -Term Therapeutic Counseling: The Company offers short-term counseling for employees and their families with a limit of 6 sessions for $1.27 per employee /dependent, per issue, per calendar year (including the initial appointment). The Company will be fully responsible for all of the clinical care provided to Employer's employees and their dependents. The specific number and design of the treatment sessions will be determined by the Company's clinician and the individual employee or dependent, based on clinical presentation, need, and suitability for a short -term counseling model of treatment. If an employee /dependent presents with clinical symptomatology that requires longer -term and/or a different psychotherapeutic approach to treatment, the Company will work with the Employer's medical benefit plan to either make a referral to another provider and/or provide these services under the umbrella of the employee's medical benefit. d. Range of Counseling Types: The full range of common short-term counseling, including individual, family, marital, and group psychotherapies (if a minimum of 4 participants are committed to the group), will be available to EAP participants receiving services through Company including, but not limited to, such problem areas as drug/alcohol abuse and dependency, family problems, marital problems, depression, anxiety, stress /tension, grief, child and adolescent problems, job performance problems, job attendance problems, interpersonal problems with co- workers and supervisors, workplace violence, single parenting problems, and crisis management stress debriefings. Company's staff will also provide referrals to appropriate sources for medical, legal and financial problems. All legal and financial services will include some portion of free service. e. Education & Prevention: The Company offers an extensive variety of education and prevention exercises to counseling participants dealing with wellness, substance abuse, stress, relaxation, anxiety, depression and other mental health concerns. Topics are individually DEER OAKS/EMPLOYER EAP AGREEMENT 3 tailored to meet the needs of the Employer and employees. Payroll stuffers and flyers designed by the Company for distribution to Employer employees also provide education and prevention tips and activities. In- services will be provided as follows: on an as needed basis as requested by the Employer. Unlimited CISD services, 4 Legal Seminars, 4 Financial Seminars and 20 hours of Supervisor/Employee Wellness Training, Health Fair participation or orientation. f. Referrals: Referrals will be made by the Company to one of the Employer's Medical Plans when indicated, or to another qualified professional that is within the financial means of the employee if the employee is not covered by the Employer's major medical plans. Referrals for legal /financial counseling shall be made to third -party providers, with some portion of the service being at no cost to the employee /dependent, and low cost and free community referrals are also available to EAP participants. g. Legal/Financial Services and Consultation: Deer Oaks offers a comprehensive Legal Benefit which includes: Nationwide Network of Attorneys, Free 30 minute initial visit with an in plan attorney. Twenty -five percent reduction in hourly fees, if after the first free 30 minute visit, a participant retains a plan attorney. Free simple will. Three free legal document reviews, up to six pages. Our comprehensive Financial Benefit includes: Unlimited free credit counseling, free 30 minute initial visit for financial planning services (i.e., retirement, college and /or estate planning), and online budget templates. h. Confidentiality: Issues of confidentiality will be handled with the utmost sensitivity and protection for the employee's rights to privacy. The Company is fully HIPAA compliant. Where appropriate, consent forms will be obtained to provide written authorization to exchange information with any Employer benefits director or supervisor. i. Utilization Reports: The Company will provide confidential reports to Employer on the utilization patterns of the employees and dependents covered through the EAP. These reports will be provided quarterly and can be individually tailored to meet the needs of the Employer. �4L i o4 1 ,a�� L­ o DEER OAKS/EMPLOYER EAP AGREEMENT 4 The reports will at a very minimum include: the number of EAP participants seeking assistance, the total number of counseling visits utilized, the reasons for the visits, the type of EAP participant, the job classification, and the numbers of calls, inservices, and referrals provided. j. Start -Up Services: The Company will provide the following start -up services to include administrative briefing, attendance at requested employee orientation meetings, an introductory letter for a direct mailing, employee communication and promotional materials announcing the availability and nature of services. The Employer will be responsible for future reproduction and distribution of direct mailing materials. Electronic materials will be available to employer at no additional costs. k. Program Promotion: Company will provide ongoing promotional materials (e.g. flyers, payroll stuffers, e-mail articles, newsletters) as needed throughout the duration of the contract term. The Employer will assume responsibility for the reproduction and distribution of these promotional articles /notices to employees (with the exception of the initial promotional materials, which shall be reproduced by the Company, at the Company's expense and distributed by the employer). 2. Fees. For all of the services provided hereunder by Company to Employer. The Employer shall pay to Company an amount per month equal to the Per Employee Per Month rate of reimbursement multiplied by the number of Employer's eligible Employees for such month. For the one -year term of this Agreement, that is, from January 1, 2008 through December 31, 2008, the Per Employee Per Month (PEPM) rate of reimbursement shall be $1.27 for a 6 visit model. The current rate is guaranteed for optional renewal years 2 and year 3 thereafter. For optional renewal years 4 and 5 the rate will increase 3% for each year. Payment of such fees shall be due quarterly in advance on or before the first day of each month preceding the quarter in which services will be rendered, commencing January 1, 2008. DEER OAKS /EMPLOYER EAP AGREEMENT 5 Employee Assistance Proaram. Work/Life, & Health & Wellness Prevention Services Full Service (6) visits per incident $ 1.27 pepm year 1 $ 1.27 pepm year 2 $ 1.27 pepm year 3 $ 1.31 pepm year 4 $ 1.35 pepm year 5 The above quoted rates are inclusive of unlimited CISD services; 4 legal seminars; 4 financial seminars; and 20 supervisor /employee wellness training, health fair or orientation hours. Additional DOT SAP Evaluations are available at $350 per Evaluation Additional Onsite Workplace Trainings are available at $150 per hour. Additional Onsite Employee Orientation Hours are available at $75.00 per hour. 3. Definitions. a. The term "dependent' for purposes of this Agreement shall mean (i) the spouse or any child (natural or adopted) of an Employee, regardless of where such spouse or child resides; and (ii) any child for whom an Employee (or his or her spouse) is a court- appointed guardian. As well as anyone who is residing at the employees address. b. The contract term "year" for purposes of this Agreement shall mean January 1, 2008 through December 31, 2008. c. The term "clinician" shall mean a Company employee or contractor with a master's degree or Ph.D. in an appropriate mental health care related field. d. The number of sessions (6 per employee /dependent per issue) shall include appointments made and kept as well as appointments made and late canceled (less than 24 hours notice by participant) or no shows. 4. Term. The term of this Agreement shall be for the one -year period commencing on January 1, 2008 and ending December 31, 2008. After the initial one -year period, this contract term can be extended for an additional four years, with 1 year optional renewals with the above referenced fees guaranteed in section 2. This Agreement may be terminated earlier (i) by Company, if Employer fails VU"L TPA'L o2°Z' DEER OAKS/EMPLOYER EAP AGREEMENT 6 to pay the monthly fee owing hereunder to Company and such failure shall continue for thirty days after Employer receives written notice of such failure from Company; (ii) by Company, if Employer shall have received three delinquency notices under Section 4 (i), immediately above, in any year; (iii) by Employer, if Company fails to perform any of its obligations hereunder or if Company is in breach of any of its covenants hereunder, and such failure or breach continues for thirty days after Company receives written notice of such failure or breach from Employer; and (iv) by Employer, with or without cause, by providing Company with ninety days written notice of termination. This Agreement shall also be cancelable by Employer (i) at the end of any fiscal year of Employer in the event that sufficient funds have not been budgeted for the following fiscal year for the purposes of this Agreement; or (ii) in the event that Employer is required by law to competitively bid or submit requests for proposals in connection with the subject matter of this Agreement during its term. 5. Hours of Operation. As provided below, clinicians shall be available by telephone to Employer's employees and their dependents 24 hours a day, seven days a week, throughout the term of this Agreement. In addition, clinicians are available in person during Company's regular office hours, which are 8:30A.M. to 5:30P.M. Monday through Friday. In addition, Company shall make every effort to accommodate late- evening appointments when appointments at other times are not feasible for a participant. 6. Emergency On -Call Services. A Company clinician shall be available by telephone through the telephone number for each office listed in Section 9, below, to provide emergency intervention services, crisis stabilization, and arrangement of emergency hospital admissions on a 24 hour a day, seven days per week basis for any participant that may be at risk of harming themselves or others. 7. Treatment Facilities. Company shall provide counseling services at the Company's and Affiliates office locations. All EAP services shall also be available at the Company's and Affiliates offices throughout the state of Texas. 8. Eligibility Determination. Company will provide services to all employees and dependents without requiring a specific verification process of each employee's current employment status. COBRA iai RU DEER OAKS/EMPLOYER EAP AGREEMENT 7 participants as well as employees whom need support during their transition following their termination of employment with Employer will also be eligible for short -term EAP counseling services. Employer will verify the numbers of employees eligible for the EAP benefit each month, and adjust the reimbursement to Company accordingly. Company will contact Employer if there appears to be significant access of the EAP benefit by anyone who is not eligible. 9. Company Representative. Alicia Barrera, the Company's EAP Account Manager, shall be the primary representative of Company for the purposes of this Agreement (the "Company Representative "). Ms. Barrera's address, telephone and fax numbers are as follows: 7272 Wurzbach Ste. 601 San Antonio, TX. 78240; Telephone No. (210) 615 -3415; Fax No. (210) 615 -2279. Employer may contact the Company Representative (or designated assistant) directly regarding any questions, problems, or concerns Employer may have which are related to this Agreement. Company may change the person designated as the Company Representative by prior notice to the Employer; provided, however, that Company shall appoint a replacement Company Representative at any time within thirty days after the receipt of a request from the Employer. 10. Entire Agreement: This agreement supercedes any and all other agreements, either oral or in writing, between the parties hereto with statement to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this binding unless in writing signed and duly expected by both parties. 11. Communications with Employees. No promotional or informational materials shall be disseminated to Employer's employees without the prior written approval of Employer's Representative. The Company Representative in connection with Employer's Representative shall prepare an initial, explanatory packet for distribution by Employer to all Employees no later than one month prior to the commencement date of this contract. 12. Extended Services. Referrals to the health plan for extended service will be made based on symptom severity and the client's best interests. Company will be able to continue counseling services under Employer's current health plans, if Company is a participating provider and if such services are covered L 1 U4PAE �T DEER OAKS/EMPLOYER EAP AGREEMENT 8 under such plans. If the participant requires additional counseling, but such counseling is not covered under an applicable health plan, then Company shall refer such participant to appropriate community health services, or if the participant prefers, the participant may continue to use the services of the Company on a private pay basis. 13. Standard of Care. Company shall perform its duties and obligations under this Agreement as a fiduciary of Employer Employees and their respective dependents; and Company shall use the care, skill, prudence, and diligence in the performance of its duties and obligations under this Agreement as required by the Standards of Professional Ethics of the Texas State Board of Examiners of Psychologists. 14. Equal Employment Opportunity. Company shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or handicap and shall otherwise comply with all applicable requirements set out in Executive Order 11246, entitled "Equal Employment Opportunity ", as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations 41 CFR Part 60. 15. Notices. Notices provided hereunder must be in writing to be effective, and shall be deemed received upon the earlier to occur of (i) actual receipt; or (ii) three days after the same are mailed by U.S. certified or registered mail, postage prepaid and return receipt requested, to the following address, or to such other address as shall have been provided by notice: If to Employer: Brazos County 300 E. 26"' St., Suite 106 Bryan, TX 77803 If to Company: Alicia Barrera Director of EAP Account Management Deer Oaks Mental Health Associates, P.C. WL ONCE DEER OAKS /EMPLOYER EAP AGREEMENT 9 7272 Wurzbach Road, Suite 601 San Antonio, Texas 78240 16. Assienment. This Agreement may not be assigned by either party without the prior written consent of the other party. 17. Indemnification. Company hereby assumes all risk of loss and responsibility for and hereby agrees to indemnify and hold Employer, its trustees and Employees (collectively, the "Indemnities ") harmless from and against any and all claims, causes of actions, demands, suits, liabilities, recoveries, judgements, costs and expenses (including reasonable attorneys' fees) which are asserted by a party other than Company against or incurred by any of the Indemnities, to the extent caused or related to the performance or failure to perform of Company under this Agreement, except to the extent caused by the negligence of any of the Indemnities. For purposes of this Agreement, the term "Indemnities" shall not include any plaintiff asserting claims against the Employer and/or the Company, unless asserting claims against Company for indemnification under this Section 17. 18. Compliance with All Laws. In the performance of its duties and obligations hereunder, Company shall ensure that it is in compliance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, all applicable rights and regulations of the Texas State Board of Psychology Examiners, and all laws, rights, and regulations applicable to patient confidentiality. It shall be the duty of Company, and not Employer, to ensure that no information shall be provided by Company to Employer that would constitute a violation of the privacy rights of a participant, even if such information is requested by Employer, both parties acknowledging that Company, and not Employer shall have the obligation under this Agreement to be aware of the most current version of such confidentiality laws, rules, and regulations. In this regard, the Employer shall accept the decision of the Company as final on issues of confidentiality, privacy and ethical responsibilities to participants, unless appeal is made (after compliance with Section 20 below) to a court of competent jurisdiction or the Texas State Board of Examiners of Psychologists. DEt R OAKSfEMPLOYER FAP AGRHEMENI'T lu 19. Governing Law. This Agreement shall he governed by the laws of the State of Texas and applicable federal law and shall be fully performable and enforceable "Texas. 20. Mediation Any controversy or claim between the parties arising under this Agreement ( "Dispute ") must, at the request of either party, be submitted to mediation. If either party desires that a dispute be submitted to mediation, then such party shall so notify the other party, by written notice. Within ten days after the receipt of such notice, the parties shall jointly appoint a mutually acceptable, neutral attorney - mediator to mediate the dispute (the Mediator). If the parties are unable to agree upon such appointment within such ten -day period, either party may request a court jurisdiction of the Dispute to appoint a Mediator. The parties or the court will hold a mediation conference within thirty days after the appointment of the Mediator. 'The mediation conference will be conducted in accordance with the Texas Alternative Dispute Resolution Procedures Act. Civil Practice and Remedies Code, Sections 154.001- 154.073. The fees of the Mediator will be shared equally between the parties. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. [:3 DEER OAKS E.)P SER1 IUC_S` -- A Division of er Mfental t ~'i r Melinda Down, Ph.D. j �- Chief Operating Officer n 4�- itI FISCAL YEAR 2008 EMERGENCY MANAGEMENT PERFORMANCE GRANT APPLICATION 1. APPLICANT NAME (Jurisdiction): Brazos County Emergency Management 2. COUNTY: Brazos 1 3. DISASTER DISTRICT: 6C 4. EMPG STATUS: VA Current EMPG Program participant New EMPG Program applicant 5. PROGRAM PARTICIPANTS: (List all jurisdictions that are participants in your emergency management program. Identify any jurisdictions that have joined or withdrawn from your program in the last year.) Brazos County; City of Bryan; City of College Station; City of Kurten; City of Wixon Valley; Texas A &M University 6. CHECKLIST OF APPLICATION ATTACHMENTS: (See the FY 2008 Local Emergency Management Program Guide for information on completing these forms.) ® Designation of Grant Officials (DEM -17B) ® Statement of Work & Cumulative Progress Report (DEM -17A). This form must be signed by the EMC. ® Application for Federal Assistance (DEM -67). The Authorized Official must sign this form. ® EMPG Staffing Pattern (DEM -66). ® EMPG Staff Job Description (DEM -68). A current job description must be provided for each staff member listed in the FY 2008 EMPG Staffing Pattern (DEM -66). ® FEMA Form 20-16, Summary Sheet for Assurances & Certifications must be signed by an Authorized Official. Attached ® FEMA Form 20 -16A, Assurances — Non - Construction Programs ® FEMA Form 20 -16C, Certifications Regarding Lobbying, Debarment, Suspension, & Other Responsibility Matters; and Drug -Free Workplace Requirements. ® FEMA Form SF LLL, Disclosure of Lobbying Activities signed by the Authorized Official required only if the applicant performs lobbying to influence federal actions ❑ Direct Deposit Authorization (form 74-146). The Grant Financial Officer must sign this form. ® Travel Policy Certification (DEM-69). The Grant Financial Officer must sign this form. 7. CERTIFICATION: This Application, together with the approved EMPG Statement of Work & Cumulative Progress Report (DEM -17A), constitutes the annual work plan for the eTiergency management program whose participants ar isted a ove. The undersigned agree to exe b96 fforts to accomplish all activities listed in the ,Stgeme W ve Progress Report app ved t ivision of Emergency Management. A ? /� o Authorized ffiaa (Original Date Emergency Management Coordinator Date Si natur (OriClin2lqinnnhirdal GDEM USE ONLY 8. APPROVAL: The attached Fiscal Year 2008 Statement of Work & Cumulative Progress Report is approved. Chief Date ❑ State Coordinator of Preparedness and Operations DEM -17 11/07 Mail completed forms and application materials to: EMPG Program Administrator Preparedness Section Govemor's Division of Emergency Management Texas Department of Public Safety PO Box 4087 Austin, TX 78773 -0223 Dpi '; :; 02g Page 1 of 1 FISCAL YEAR 2008 DESIGNATION OF EMPG GRANT OFFICIALS APPLICANT NAME (Jurisdiction): Brazos Countv EMERGENCY MANAGEMENT COORDINATOR* NAME 0 Mr. 0 Ms. Chuck Frazier Official Mailing Address 101 Regent Avenue, Suite 320 Bryan, TX 77803 Daytime Phone Number 979 361 -4140 Fax Number (979) 821 -3407 E -mail Address cfrazier@co.brazos.tx.us GRANT FINANCIAL OFFICER NAME El Mr. - Ms. Katie Conner Title County Auditor Official Mailing Address 300 E. 26 Street Bryan, TX 77803 Daytime Phone Number 979 361 -4354 Fax Number (979) 361 -4347 E -mail Address kconner@co.brazos.tx.us AUTHORIZED OFFICIAL MAYOR, COUNTY JUDGE, CITY MANAGER NAME M Mr. Lj Ms. Randy Sims Title County Judge Official Mailing Address 300 E. 26n Street Bryan, TX 77803 Daytime Phone Number 979 361 -4102 Fax Number (979) 823 -6993 E -mail Address rsims co.brazos.tx.us 11/07 VOL PAGE 02� FISCAL YEAR 2008 EMPG STAFFING PATTERN 1. APPLICANT NAME (as it appears on EMPG Application): Brazos County Emergency Management 2. COUNTY: Brazos 3. FULL -TIME EMPLOYEES (including those who work all or only a portion of their time in emergency management duties 4. Gross Annual Salary 5. Gross Annual Benefits 6. Gross Salary & Benefits 4 +5 7.% Work in EM Duties 8. Salary & Benefits for EM 6x7 9. Est. EM Travel Costs Name: Michele Meade 42,211.36 14,238.20 56,449.56 100% 56,449.56 4,500 Position: Deputy EMC Name: Chuck Frazier 56,610.88 17,072.02 73,682.90 100% 73,682.90 4,500 Position: EMC Name: Position: Name: Position: Name: Position: Name: Position: A. SUBTOTAL 130,132.46 9,000 10. PART -TIME EMPLOYEES 11. % of Full Time 12. Gross Annual Salary 13. Gross Annual Benefits 14. Gross Salary & Benefits 12 +13 15.% Work in EM Duties 16. Salary & Benefits For EM (14x15) 17. Est. EM Travel Costs Name: Position- Name: Position: Name: Position: Name: Position: Name: Position: Name: Position: B.SUBTOTAL TOTAL Add Subtotals in A & B above 130,132.46 9,000 DEM-66 11/07 1 � l Q P "'"" '30 .� rage i or i FISCAL YEAR 2008 APPLICATION FOR FEDERAL ASSISTANCE (Instructions on Reverse) 1. NAME OF PROGRAM/ ASSISTANCE: EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) 2. CFDA NUMBER: 97,042 3. APPLICANT STATUS: New Applicant ❑ Renewal 4. FEDERAL FISCAL YEAR: 2008 5. START DATE: 1011/07 6. END DATE: 9130/07 7. APPLICANT INFORMATION a. Legal Name of Applicant Organization (as it appears on the EMPG Application/DEM -17): Brazos County Emergency Management b. Name & Telephone Number of Emergency Management Coordinator: Chuck Frazier 979 - 361 -4140 c. Mailing Address: 101 Regent Ave., Suite 320 Bryan, TX 77803 Employer Identification Number/Tax ID# 74- 6000433 d. Physical Address (if different from Mailing Address): 8. EMPG PERSONNEL SUMMARY include only those staff that will be paid with EMPG funds): a. Number of EMPG Staff & Percentage of Time Worked in Emergency Management Duties: # Staff Percent # Staff Percent # Staff Percent 1) Full Time: 2 100% 2) Part Time b. Total Number of EMPG - Funded Personnel 9. ESTIMATED EXPENSES: a. Salary & Benefits from line 19, form DEM-66 130,132.46 b. Travel Expenses from line 20 form DEM-66 9,000.00 c. Other Expenses from section 11 on reverse 54,721.88 d. Total Expenses A + B + C 193,854.34 e. Federal Share D x .50 96,927.17 10. CERTIFICATION: I certify that to the best of my knowledge and belief this application and its attachments are true and correct. a. Typed Name of Authorized Official: Randy Sims b. Title of Authorized Official: County Jud c. Original Signature of Authorized Official: d_ Date S' ned: 11/30/07 DEM-67 / ' / / Page 1 of 2 11/07 'h v r. i6 ra. INSTRUCTIONS FOR FRONT SIDE OF THIS FORM 1. Except as indicated below, entries are self - explanatory. 2. Item 7A: Enter the legal name of your jurisdiction. Your entry should match the Applicant Name used on the EMPG Program Application (DEM -17). 3. Item 8A: Indicate the number of full -time employees who work specific percentages of time in emergency management duties. Example: 1 staff aQ 100, percent, 2 staff @ 50 percent. Also indicate the number of part- time employees. Include only staff members whose salary and benefits will be supported by EMPG funding. The data in this section should agree with the information included on the EMPG Staffing Pattern (DEMM). 4. Item 10 A, B, & C. This form must be signed by an Authorized Official, who is a person authorized by the governing body of the jurisdiction to apply for grants and accept grants and execute agreement and contracts on behalf of the jurisdiction. Authorized Officials are County Judges, Mayors, and many City Managers — not Emergency Management Coordinators. 11. OTHER ALLOWABLE EXPENSES: Describe the other allowable expenses of your emergency management program that you are requesting be supported by EMPG funding and provide an estimate of the amount of those expenses. Continue on a separate sheet if necessary. Transfer the Total calculated below to line 9C on the front of this form. To determine if an expense is allowable under EMPG, refer to the DHS authorized equipment list available on the Responder Knowledge Base at hftsJ/ www .rkb.mipt.org/mel.cfm ?subNggid =549. You must be a registered user to access this listing. Specific Description of Expense (Descriptions must be specific — do not use broad or general categories, such as operating or administrative expenses) Estimated Amount Office Equipment 500 Office Supplies 800 Advertising/Legal Notices 200 Awards 300 Conference and Seminar Fees 1,200 Professional Fees and Dues 400 Pagers 200 Printing 1,500 Subscriptions and Publications 3,000 Training 1,000 Telephone (Long Distance 125 Telephone Satellite 800 Equipment Maintenance 200 Office Equipment Maintenance 200 Radio Maintenance 2,000 Computer Contracts (Web EOC 3,000 Rental of Office Space Feb -Set 37,136.88 Food and Food Suppliments 1,200 Telo hone Cellular 960 Total 54,721.88 DEM-67 11/07 VCS. 0 4FAGE 32 Page 2 of 2 EMPG STAFF JOB DESCRIPTION Jurisdiction Name Brazos Count Staff Members Names Chuck Frazier Position Title EMC Description Prepared B Brazos County Human Resources Department Date Prepared February 2006 JOB DESCRIPTION (If you have an existing job description which provides the information requested below, fill out the header data above and attach the existing description to this form A. Provide a general description of the duties performed by this staff member. See attached job description B. If this staff member performs both emergency management duties and other duties, identify the specific emergency management duties performed. N/A DEM-68 Retain a copy of this description for future use. 12/06 . �olr 33 SUMMARY Reports to County Judge or his/her designee. Solicits input from County Judge on emergency management developments that potentially impact local government and the community. Provides timely briefings to the. County Judge on emergency management related plans and events. Conduct a program of comprehensive emergency management within the county; to include mitigation of, preparedness for, response to, and the recovery from, any manmade or natural disaster. ESSENTIAL DUTIES AND REPONSIBLTTIES Develops and maintains the emergency operations plan for the county; advises those responsible for specific sections of the plan in developing their annexes; writes such annexes which have universal application; annually ensures the plan is reviewed and revised as necessary; briefs public officials and staff members on application of emergency plans and standard operational procedures; implements and maintains the threat assessment and hazard mitigation plans and makes adjustments to those plans as needed. Develops operational liaisons with private, volunteer, industry, and governmental agencies; develops resource lists; identifies groups to benefit disaster operations; assigns and defines the roles of various groups; works with the county volunteer fire departments on hazardous materials response; interfaces operational plans with government agencies, volunteer groups, industry and health organizations. Develops and conducts county exercises; assists industry/health organizations and volunteer groups in exercise development; participates in and conducts training for Emergency Operations Center (EOC) staff and volunteer groups; analyzes the emergency service skills needed by county forces and obtains and coordinates necessary training. Prepares and maintains departmental budget; authorizes expenditures; maintains control over equipment assigned to the department; submits required documentation to ensure compliance with EMPG funding requirements and the timely receipt of Federal Emergency Management Agency funds; searches for outside sources of revenue; obtains and administers emergency management/homeland security grants, supervises office staff and volunteers. Oversees the operational capability of the EOC at all times; upgrades and equips EOC as necessary; maintains inventories of emergency supplies; develops and maintains an emergency communications system; maintains pieces of emergency equipment. Activates, maintains, and tests all ringdown warning systems; develops new systems; upgrades and expands existing systems. YOL OPA &E-34 Activates the EOC for all hazards; responds upon request to major emergency situations throughout the county to provide emergency management services. Warns the community when a threat is determined. Prepares warning materials and announcements; conducts public awareness campaigns; briefs radio, television, and print media on emergency management matters; presents topical information at civic organizations, schools, churches and community centers. Keeps the county judge and governing bodies apprised of the jurisdiction's preparedness status and emergency management needs. Initiates and monitors the increased readiness actions among the county services when disaster threatens. Serves as the staff adviser to the county judge on emergency management matters. Coordinates with organized volunteer groups and private agencies regarding emergency operations. SUPERVISORY RESPONSIBLITIES Supervises the departmental employees, including assigning and reviewing their work and recommending personnel actions. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Bachelors degree in Emergency Management, Public Administration, or related field, prior service as a Staff Sergeant or above or a commissioned officer in the United States Military, prior service as an administrator in the Fire or Law Enforcement field, or any combination of education and/or 5 years experience which provides the required knowledge, skills and abilities. 2 KNOWLEDGE OF Supervisory techniques; budgetary techniques; media relations and interview techniques; personnel policies and procedures; standard office practices; command and control, logistical planning and emergency management statutes and procedures. SKILL/ ABILITY TO Supervise and motivate employees; establish and maintain effective working relationships with private, volunteer, industry, and governmental agencies; facilitate thorough operational plans; communicate effectively, both orally and in writing; operate standard word processing and spreadsheet software; operate emergency management equipment safely; read, interpret, and develop standard polices and procedures; and analyze and interpret data. CERTIFICATES, LICENSES, REGISTRATIONS Valid Texas motor vehicle license. Acquire NIMS certification (IS 700) within thirty days of employment. Must have completed the Texas GDEM Professional Development Series within 2 years from date of hire. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 50 pounds, such as emergency management equipment, files, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described her are representative of those and employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee must frequently work closely with others as part of a team, perform multiple tasks simultaneously, and change tasks. EMPG STAFF JOB DESCRIPTION Jurisdiction Name Brazos Count Staff Members Name(s) Michele Meade Position Title Deputy EMC Description Pre are! B Brazos County Human Resources Department Date Prepared q January 15, 1998 JOB DESCRIPTION (If you have an existing job description which provides the information requested below, fill out the header data above and attach the existing description to this form A. Provide a general description of the duties performed by this staff member. See attached job description B. If this staff member performs both emergency management duties and other duties, identify the specific emergency management duties performed. N/A DEM-68 Retain a copy of this aescnpaon for tuture use. 12/06 Brazos County Job Description Class No: 1903 Job Title: Asst. Emergency Mgmt. Coord. Department: Emergency Management Reports To: Emergency Mgmt. Coord. FLSA Status: Nonexempt EEOC Category: Professional Pay Group: 18 Prepared /Revised Date: January 15, 1998 Approved Date: SUMMARY Develops, implements, and maintains format standards for emergency management plan, annexes, and appendices; maintains directory of emergency management resources; troubleshoots computer problems; recommends changes to emergency management plan; and may be called in to respond to emergency events. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Develops, implements, and maintains format standards for emergency management plan, annexes, and appendices; Designs, implements, produces, and maintains directory of emergency management resources; Troubleshoots computer problems and takes corrective action; Attends training courses and conference on emergency management; Identifies necessary modifications to emergency management plan, creates initial draft, finalizes plan, and coordinates review of modifications with emergency management coordinators of other jurisdictions; Assists in planning and conducting emergency exercises; Responds to emergency events and documents response actions; Develops budget spreadsheet to monitor department status; Develops and maintains spreadsheet status displays for Emergency Operations Center and trains others to use spreadsheet; Class No. 1903 (continued) Performs general administrative work, including making copies and faxing documents; and May be required to work overtime or irregular hours if necessary. SUPERVISORY RESPONSIBILITIES This is a non - supervisory position. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and /or EXPERIENCE Bachelor's degree in Emergency Management, Public Administration, or a related field, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. KNOWLEDGE OF Emergency response actions; personnel policies and procedures; and standard office practices. SKILL/ABILITY TO Establish and maintain effective working relationships with county employees, representatives of governmental agencies, and the general public; communicate effectively, both orally and in writing; operate standard word processing and spreadsheet software; and read and interpret emergency management policies and procedures. CERTIFICATES, LICENSES, REGISTRATIONS Valid Texas motor vehicle operator's license. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands FA Alo4pjR`E �9 Class No. 1903 (continued) to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and /or move objects weighing up to 20 pounds, such as files, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee must frequently work closely with others as part of a team, perform multiple tasks simultaneously, and change tasks. 01 L I bqN " -- � TRAVEL POLICY CERTIFICATION Jurisdiction Name: I Brazos County Check one of the two blocks below This jurisdiction has no qualifying travel regulations and EMPG participants requesting reimbursement for travel expenditures will do so in accordance with State of Texas travel regulations and rates. The State Travel Allowance Guide and the State of Texas Mileage Guide are available on the Comptroller of Public Accounts web site: www.cpa.state.tx.us. OR ® This jurisdiction has its own qualifying travel policy, a copy of which is attached. EMPG participants requesting reimbursement for travel expenditures will do so in accordance with that policy. Name of Grant Financial Officer Katie Conner Printed or Typed) Original Signature of Grant Financial Officer's_- = -�- ----__ Date Signed 11/30/07 DEM-69 11 -07 nt 16 ' 4'1 POLICY AND PROCEDURES FOR COUNTY TRAVEL AND REIMBURSEMENT BRAZOS COUNTY, TEXAS THE PURPOSE OF THIS POLICY AND RELATED PROCEDURES IS TO ESTABLISH AND STANDARDIZE AUTHORITY FOR USE OF COUNTY RESOURCES TO PAY FOR TRAVEL RELATED EXPENSES FOR BRAZOS COUNTY EMPLOYEES. THE FOLLOWING POLICY ADOPTED BY THE BRAZOS COUNTY COMMISSIONERS COURT ON THIS THE 8TH DAY OF ,NNE, 1995 TAKES THE PLACE OF ANY PREVIOUS COUNTY TRAVEL POLICY ADOPTED BY ANY PREVIOUS COMMISSIONERS COURT. THE EFFECTIVE DATE OF THIS POLICY IS THE 6TH DAY OF JUNE, 1995. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONERS' COURT ON FEBRUARY 17, 1998. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON AUGUST 1st, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 5th. 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON FEBRUARY I l th. 2003. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON SEPTEMBER 20TH. 2005. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON JANUARY 31, 2006. This policy and related procedures replaces all previous policies and procedures. It explains Brazos County's policy relevant to the authorization of travel and the reimbursement of expenses incurred incidental to travel. Section 152.011 of the Texas Local Government Code ,ives the Commissioners' Court the authority to set travel expense and other allowances for all County officials and employees. This policy is to be viewed as an "accountable plan ". and therefore satisfies the reporting and documentation conditions established by the Internal Revenue Code of 1986 as Amended (i.e. §162 and §271 and Treasury Regulations 1.62.1 to 1.62.6). oq L�3 BRVZ_OS COl QTY. TEXAS TRAVEL POUCY AND PROCEDURES A. GENERAL DEFINITIONS Accountable Plan - a plan under which an employee is reimbursed for expenses or receives an allowance to cover expenses_ The tollovxing four conditions must be satisfied: a. There must be a County business purpose for the expenses. b. The employee must clearly state and properly support that there was a business purpose for the expense. C. The employee must substantiate that the expense was incurred by providing documentation or be deemed to have documented the reimbursed expenses. and. d. The employee is required to return ti.e. with advances) to the County any amounts received in excess of documented expenses. 2. Actual Expenses - the actual cost of any allowable travel expenses supported by proper receipts and/or statements. 3. Auditor - the County Auditor and/or his designated staff. 4. authorization - a recognized approval level that requests the County Treasurer to encumber funds for approved travel purposes. An approval level is the signature of the elected official. department head or employee authorized to approve claims for the department. This authority is established by tiling Brazos County Form -349 with the County Auditors office. 5. Official County Business - a business function in which County employee(s) are participating, and which is recognized by the Commissioners' Court as tx ing official business of Brazos County. 6. Duty Point - the primary place of employment. i.e. courthouse. road and bridge. tax office, etc. 7. Traveling County Emplotee - an elected official. a department head_ or a person employed in the direst service of an elected official or department head who is traveling on official County business. K In- County Travel - travel that takes place within the confines of the legal boundaries of Brazos County, and where the primary end destination of the travel is within these same boundaries. 9. Out -of -county Travel - any travel that has a primary end destination outside the established legal boundaries of Brazos County. 10. Out -of -state Travel - an) travel that is undertaken xvhich has a primary end destination outride the established teal boundaries of the State of Texas. H. Educational Travel - out -of- County travel that is undertaken b} County employees tor approved education seminars, conferences and meetin«s. C���� .r1 ha:n l& ReimNjr,,:nxnt Rctio,,!d I -06joc 3 f'r'1"tMX BR-AZOS COUN rY, TExAS TWANEL POLICY AND PRO EDL Rt^ S I2. Law Enforcement Travel - travel expenses incurred by County law enforcement personnel for the explicit purpose of transporting prisoners and/or probationers. collection of evidence, and other travel directly attributable to official County business. 13. Travel Expenses - transportation (airline fare~, personal auto, public transportation. parking. and taxi). meals. lodging, and incidental expenses associated with traveling on official County business. 14. Travel Expense Forms - all forms so designated by the Auditors office to be used to report actual and estimated travel expenses for official County business. These forms are to be submitted to the Auditor's office for reimbursement and/or documentation for advances with regards to travel expenses. 15. Direct Billing - a pre - arranged billing. established for a County employee with a lodging facility at which they plan to stay when away from their place of employment overnight on County business. Direct Billing is arranged by the Auditor's office with the intent being the reduction of the employee's financial responsibility for costs associated with travel on County business. 16. Incidental Expense - a necessary and reasonable expense incurred by a County employe; while traveling on official County business. This does not include transportation, meals. lodging. tips. `Tratuities, alcoholic beverages, laundry or in -room video rental- 17. Mileage - the distance from a duty point to a destination. As noted in the following procedure. the County will follow the State Mileage guide in Appendix A when applicable. 18. Mileage Rate - the rate of reimbursement established by the Commissioners' Court in December of each calendar year for use of a personal automobile while on County business. 19. '_steal Expense — limited to S36_M a day for meals. if an employee is away from their duty station overnight. 20. Host Hotel — "preferred room rates` negotiated by a sponsor for participants of a conference. ,erninar or continuing education training. at or near the program site. TranJ S Rcunhur,r: cnt Rcv;,ed I tX }« i i_ "''1,-1MIt, ion .: BRaZO,S COUNTY. TFX S TPUN El. POLICY AND PROCEDI RFS B. GENERAI. POLICY STATEMENT All reasonable and necessary travel by County employees for which a departmental budget has been established. and for which the department has funds remaining in the budget, and for which the travel is required in order for the employee to conduct County business is authorized. County officials and department heads are expected to plan out -of- County travel for themselves and their employees to achieve maximum economy and efficiency. all County reimbursed travel must be for official County business only. It is the responsibility of the County official and/or department head to see that all Out -of -County travel expense forms are properly completed. documented, signed and forwarded to the County Auditor's office within fourteen -(14) calendar days of the travel return date. In- County mileage reimbursements may be submitted on a monthly basis. C. IN -COI tiTY TRAVEL In the process of conducting County business, employees may be required to travel to locations within the County, but away from their normal duty station. If the employee incurs expenses incidental to such travel. the employee is required to obtain authorization from the department head for such expenses. If the anticipated expenditure will be in excess of 525.00, the department head may request a travel advance (Form 203 -13C) and secure the Commissioners' Court approval before any expense is incurred. Employees are expected to report the shortest distance between destinations for all travel. The County will not reimburse for personal mileage or for travel between an employee's residence and their duty point. The County will not reimburse for meals unless employee is away from their duty station overnight. The employee traveling on official County business within the County should first determine from the department head if a County vehicle is available to conduct such business. All such authorized expenses will be reimbursed within ten (10) days of the receipt by the County Auditor's office of completed reimbursement request forms. Procedure: For In -County travel, Form 201 -BC (Local Transportation Reimbursement Form) should be used. This form is to be turned in by the employee to the department head at least once a month for previous travel. Department heads should then prepare a request for reimbursement and forward the completed request and attached documentation to the County auditors office. Mileage �yill be reimbursed based on the actual mileage tra %eled at the prevailing rate established by the Commissioners' Court. The County will not reimburse emploN ees for weals or Icxlging expense incurred In- County. D. OUT-OF-COUNTY TRAVEL Out -of- County travel by County employees is permissible provided that it is authorized in advance by the department head and does not exceed departmental budgetarN allowance for such travel. It is the department head's responsibility to ensure that each request has adequate documentation attached to support the stated time. place. and business purpose of the tray el expense (see "Accountable Plane requirements. Page I I. ('op -,t FT -,ocl A Reunbur mwin Rcvi.cd 1JX,.,hv i I:JI "(N)t, BR %ZOS COU'Vrv. TEXAS TRAVEL POLICN AND PROCEDURES D. OUT -OF- COUNTY TRAVEL (can't The County .%ill reimburse for County employee meals only while the employee is out of the County on County business and away from their duty station overnight. If the travel expense is anticipated to exceed 525.00 a travel advance (Form 243 -130 may be requested and Commissioners' Court approval secured before anv expense is incurred. Procedure: All Out -of- County reimbursement requests are to be made on Form 202 -13C (Out - Of- Cotmty Travel Reimbursement Request). Requests for meal reimbursement are to be as follows: Meals will be reimbursed at the amounts listed. taxes included: Breakfast S 8.00 Lunch S 10.00 Dinner S 18.(() 2, No receipts will be required. 3. The County will not reimburse an employee for more than $36,00 per day for meals. Meal reimbursement to an employee who is not away from their duty station overnight will be considered a benefit and the amount will be reflected on the employee's W-2 form at the end of the year. Meal reimbursement will not be provided to an employee who is less than seventy five (75) miles away from their duty station unless the employee is away overnight. The County will reimburse County employees for mileage, if a personal vehicle is used- while the employee is Out -of- County on County business. Mileage reimbursement ($0.44 /mile) -,i ill be made based on the city to city mileage figures as stated in the State Mileage Guide, (see Appendix A), at the existing reimbursement rate set by Commissioners' Court. Requests for mileage reimbursements can be made in one of two ways: Where mileage request is simply for a round trip the employee need only enter the dollar value on the Form. This is arrived at by multiplying the established mileage by 2 and then multiplying this product by the reimbursement rate that has been established by Commissioners' Court. It is requested that the Comptroller's 1VEB site http: / /ecpa.cpa. state .tx.us /mileage /Mileage.isp be used to calculate mileage between points (Mileage Guide). Form 201 -BC or 202 -13C may be used. 2. Where mileage is requested for the use of a personal automobile while on County business and the request is for mileage other than the round trip from duty point to destination. then the employee should use Form 201 -BC to establish the additional miles and business purpose. These totals should then be transferred to Form 202 -13C. The County will reimburse the traveline County etnploNee for the actual cost of lodging expenses incurred. not to exceed $85.00 per day. including taxes. vNhile trav cling on official County business. The travel needs to be approved by the department head. and the cost must not exceed the remaining departmental budget. Receipts are required for the reimbursement of lodging exlxnses. Please see Section G, this policti. for more information on reimbursement of lodging exlxnses. E. OUT -OF -STATE TRAVEL. C px of In kd S Rermbuncrumit Rc%;.ed I 'h6 oc 0 11.1"(01 BR1ZOS COUNTV TExas TRAVEL POLICY AND PROCEDURES The County will reimburse employees for out -of -state travel on the same bads as Out -of- County travel. If the employee elects to use a personal automobile for such travel, the County reimbursement will not exceed the lesser alternative. either the mileage (round trip at the prevailing rate per mile) or the round trip airfare from Easterwood Airport to the destination (a commercial airline quote is required). It is noted that when the distance is greater than 350 miles. and when the air fare ticket can be purchased 21 days in advance, it is usually cheaper to fly than drive. Any employee traveling on County business who does not wish to fly, and whose destination is out of state may place a request before the Commissioners' Court requesting authorization to drive and to be reimbursed for the actual travel expense. The request would need to be in writing. placed before the Commissioners' Court 10 days prior to departure. and would need to include the reason for the request and a comparison of the costs. Commissioners' Court has the authority to accept and for reject each request based on merit as presented. Procedure: Any out -of -state travel request trust be presented to the department head. The department head must then make a formal request for approval of such travel to the Commissioners' Court. which must consider the request in open session. All requests for reimbursement are to be made on Form 202 -13C. If a Travel Advance is needed, it should be requested at the same time. F. TRAVEL ADVANCES Employees that anticipate being away from their duty station on County business and Out -of- County for more than three (3) days. or when travel expenses are anticipated to be more than $25.00, may request a travel advance. The employee would be required to fill out Form 203 -13C (Travel Advance Request). The form should be submitted to the department head for approval and forwarded to the County Auditors office for processing. All requests for advance must be filed with the Auditors office ten days prior to the departure date so that proper approval from the Commissioners' Court can be secured. The request should not exceed the estimated expenses. All meal advances will be based on $36.00 per day and a maximum of $85.00 (including taxes) will be advanced for each day of lodging that the employee anticipates. All employees are encouraged to arrange for direct billing and to arrange for quotations for air transportation when required. Procedure: Once the employee has returned to their normal duty station. the employee has fourteen (14) days to submit documentation to the County Auditor's office on Form 202 -BC to account for the use of the travel advance funds. The employee should attach a copy of Form 203 - BC to their request to document the advance received. If the employee has received funds in excess of their need the balance should be remitted t:o the County Treasurer's office. and it copy of all receipt(s) attached to Form 203 -13C. All disbursement of funds and collection of funds with regards to travel advances % ill be handled through the County Treasurer's office. The department head has ov ersight responsibility for all disbursements related to trawl advances. G. LODGING Copp off 1-fakel & Rcimhu"nk -m Rc%ltia (- i)6_kjo, - f "I ,I 'KM; IDY 4g BRAZOS COUN'n TEXAS -rRAN EL 1'0I.1CY AND PROCEDi RFti The County will be responsible for a maximum of $85.00 (including taxes) per day. for lcxloing expenses incurred by a County employee while traveling on official County business away from of out -of -state tray el. All must be cleared by the commissioners' court prior to being incurred. The County prefers to arrange for hotel accommodations to be billed directly to the County proper. Department heads are encouraged to plan as far in advance as possible. and to arrange for direct billing. The County Nkill only be responsible for the first $85.00 of the room rate. If the room charge is greater than $85.00. the employee should be prepared to be responsible for the difference. The decision to pay the lodging fee for the night before a conference or meeting is at the discretion of the department head. This decision is based on the location of the meeting site and beginning or ending time of the program. Likewise. the decision to pay the lodging fee for the last day of a conference or meeting is at the discretion of the department head. It is the employee's responsibility to make sure this issue is covered prior to the meeting taking place and prior to the request being placed before the Commissioners' Court. Host Hotel In many instances a county employee will attend a seminar. conference or continuing education program where the sponsor of the prograin has negotiated preferred ro orn rates at (or near) the site where the program is to be held. In many instances the preferred room rate is referred to as the "host hotel." In some instances the program sponsor has secured such preferred rates at several locations. The county would prefer that county employees attending such programs stay at the "host hotel.' And. therefore. if the room rate is greater than the 585.00 allowable by this policy. the county will still reimburse the employee for the full amount of the room and tax. The employee is required to provide adequate documentation that the program negotiated a preferred rate with the 'host hotel." An example of adequate documentation would include a seminar brochure or registration information provided by the program sponsor that lists the preferred hotels. Many times the county employee attending a sponsored program does not plan to attend the program in a timely manner and all 'reserved program rooms" will have been taken. Alternative sites will not be considered is "host hotels" unless specifically designated as such by the program sponsor. Out -Of- -State When a county employee requests out -of -state travel for a sponsored seminar. conference or continuing education program. and there is not a designated "host hotel '. it is the emplo)ee`s responsibility to register in a timely planner to allok% the opportunity to stagy at the hotel or conference center where the program is being held. When the employee makes a request for out -of -state tra%el. the request should clearly ~late the anticipated room cost. and request formal approxal for reimbursement. Commissioners' Court will e %aluate each request separately. G. LODGING (con't) Relatives and Friends Cplp% offr,t�cl & Roinhur chill Rcx �: 7 1 -06, o- 12J1.' +X r, / 64 U 47 BR17_tr COL N F . TEXAS FR %N Et, POLICY ik\D PROCEDURES Frequently county employee~ while traveling on county business and away from their duty station overnight, will stay �k ith friends and /or relatk es. As a result their application for reimbursement Mill appear as if they were not avkay, from home overnight. N� hen such an event happens. the employee should attach a notice to their reimbursement request to allow the county auditor's office to confirm the over night Stay. Restrictions on County reimbursable lodging expenses: The County INN L reimburse for: Daily Room Charges (Maximum of $55.00 for single occupancy. including taxes) Properly DOLL vented Business Telephone Calls Facility Parking Charges Taxi Fares (no documentation required) Alternate means of travel (i.e. bus. train. etc.) ?. The County will NOT reirnburse for: Snacks Charged To The Room Room Service (No gratuity. no room service charge) Personal Expenses (Le.: Valet. Dry Cleaning. Laundry. etc.) Tips and/or Gratuity Alcoholic BeNerage Charges Video Rental (Le.: In-Room Movies. etc.) Personal Phone Calls Hotel Club Charges Recreational Facility Charges Employees who incur lodging charges defined as unacceptable for reimbursement are responsible for these payments. These charges are to be accounted for and payment rendered to the facility by the employee at check out. If any of these charges billed incorrectly directly to the County by a lodging facility. the employee will be responsible for remitting reimbursement to the County Treasurer. Procedure: The employee will be required to obtain an original lodging statement from the establishment where the employee stayed. This statement should be attached to the Out -Of- County Travel Reimbursement Request (Form 202 -13C). No exceptions wilt be allowed. H. AIR FARE and CAR RENTALS All County employees are required to travel by the least expensive mode of travel. The employee should evaluate whether travel by airplane to the destination point is cheaper than traveling by or her means. The County kill only reimburse for the least expensive mode of travel. unless the employee's Supervisor can show «())d cause for using another mode. �Vhen the final destination is over 350 miles then air tr-a�el should be considered. Cop? of Fra�el S Refrrlf jrlt°I cn1 Rcti v i- Y, oc c) I'i1 '1) *, 04 56 BRAZOS COUNTY. TEXAS t'PULN EL POLICY % \D PRO('EDt RF S H. AIR FARE and CAR RENTALS (con't) Car Rentals should only be utilized when required for the employee to fully carry out their official business. Taxi cabs. buses. and hotel shuttle services are usually less expensive than car rentals. The Count= will not reimburse for expenses incurred for personal reasons. The County would prefer that the employee not enter into a rental arrangement unless it is necessary and required for the completion of the business purpose. The County will not reimburse for first class travel. The County will only reimburse for necessary car rental at the sedan rate (no luxury cars). I. CONFERENCES, SEMINARS and CONTINUING EDtiCATION The County prefers to pay in advance for conferences. seminars and registrations for continuing education. By so doing. the financial responsibility placed on the employee is reduced and proper and timely assistance can be given to the employee with regards to reservations. travel advances. and completion of reimbursement forms. The County requires that requests for registration fees be accompanied by a conference program. se►ninar program. or continuing education program that indicates the cost.. location and payee's address. The County requires that the employee's supervisor approve the request. The supervisor must indicate that the employee's attendance will enhance the employee's ability to perform in their assigned job function. Each elected official or department head is required to budget for registration at conferences. seminars and continuing education annually as needed. If there is no budget allocation for this expenditure the Auditor's office will not approve the expenditure until an official budget amendment or budget adjustment has been approved. All elected officials and department heads are required to budget for State required annual continuing education for all members of their staff where required. When properly budgeted the County will pay for all required continuing education mandated by State statutes for elected officials and appointed department heads. When the registration for a conference or seminar includes payment for meals. it is anticipated that the employee will eat the meal provided. The County will not pay for an additional heal. When the conference or seminar is scheduled out of the County and begins in the morning_ The County will reimburse for meals and lodging the night before when the distance to the sight is over I50 miles. When the conference or seminar is out of the County and ends after 4:00 PM the employee will be reimbursed for the eeening meal immediately following the end of the conference or seminar if the sight is over 150 miles from the Courthouse. 'deals will not be reimbursed to an employee who is less than sevens five (7 5) miles away from their duty station unless the employee is away overnight. Cops .A 7hoei & R,�,mtiur-crrknt Rcvi,cd i N) , `.1, N, It, 0 51 BkaZ(.S COUN-r . ,rEt aS TRAVEL POLICY AND PROCEDURES .I. LAW" ENFORCEMENT TRAVEL The department head prior to the occurrence of any expense must approve all law enforcement travel expenses. whether it is prepaid by the County or reimbursed after the fact_ If planning can take place before there is a need for such travel. or if travel is a result of a defined "emeggenc:y" the department should try to secure permission from the Commissioners' Court for the use of credit cards in such cases. If credit cards are used then the County Credit Card Police is to be followed. It is recognized that the need for law- enforcement travel may occur on an emergency basis. The County Attorney. Sheriff or the Director of Juvenile Probation is authorized to approve such travel and related expenses in the event of an emergency. The County Attorney. Sheriff or the Director of Jux enile Probation is required to notify the County Judge and the Auditor within 48 hours of the designation of an emergency. If there are no budget Rands available. the County Judge's approval will be required before the expenditure can be incurred. K. ISCELLMNEOUS The employee needs to be aware that a credit card receipt is not documentation for an expenditure. All requests for reimbursements and/or requests for the County to pay for a travel related expenditure must be supported by documentation. It is the emplovee's responsibility to secure the documentation at the time of expenditure. In the event that no documentation is secured a certification as to the expenditure is not sufficient to support reimbursement. Some form of contemporaneous record must be received from the vendor. When an employee elects to have their spouse and/or family travel with them, this must be accurately documented and separation of costs Nxill be required. Lodging expenses must be documented by the hotel/motel as to what a single occupancy rate would have been. This should be done on the face of the receipt. ALL ELECTED OFFICIALS AND DEPARTMENT HEADS ARE TO INSURE THAT .%I,L EMPLOYEES HAVE READ THIS POLICY AND COMPLY WITH IT. FAILURE TO FOLLOW THE POLICY WILL RESULT IN A DELAY IN THE REINIBL`RSE'4IENT PROCESS, AND COULD POSSIBLY CAUSE LEGITIMATE REIMBURSEMENTS TO BE DENIED. IF I:ti DOUBT PROVIDE AN EXPLANATION OR OTHER DOCUMENTATION. THE COUNTY DOES NOT INTENT) FOR EMPLOYEES TO FINANCE COUNTY OPERATIONS. Cntz..e( "tr:��i�l X Rrirnhur ":[3xnt ReAi-ed l lv>J,k' SUMMARY SHEET FOR ASSURANCES AND CERTIFICATIONS I Expires February 28, 2007 CA FOR (Name of Applicant) 2008 Brazos County Emergency Management summary sheet includes Assurances and Certifications that must be read, signed, and submitted as a part of the ication for Federal Assistance. 1 applicant must check each item that they are certifying to: Part I 0 FEMA Form 20 -16A, Assurances- Nonconstruction Programs Part II FEMA Form 20 -16B, Assurances - Construction Programs Part III ❑� FEMA Form 20 -16C, Certifications Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug -Free Workplace Requirements Part IV❑\" SF LLL, Disclosure of Lobbying Activities (If applicable) the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the identified assurances and certifications. Sims County Judge Typed Name of Apthorized Representative Title ✓lGz < < ° "� ��"+ -`� November 30, 2007 Signature of Au orized Representative Date Signed fE: By signing the certification regarding debarment, suspension, and other responsibility matters for primary covered saction, the applicant agrees that, should the proposed covered transaction be entered into, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded i participation in this covered transaction, unless authorized by FEMA entering into this transaction. The applicant further agrees by submitting this application that it will include the clause titled "Certification ;arding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by FEMA Regional Office entering into this covered transaction, without modification, in all lower tier covered transactions in all solicitations for lower tier covered transactions. (Refer to 44 CFR Part 17.) Paperwork Burden Disclosure Notice blic reporting burden for this form is estimated to average 1.7 hours per response. Burden means the time, effort and ncial resources expended by persons to generate, maintain, retain, disclose, or to provide information to us. You may d comments regarding the burden estimate or any aspect of the form, including suggestions for reducing the burden Information Collections Management, Federal Emergency Management Agency, 600 C Street, SW, Washington, DC 20472, erwork Reduction Project (3067 -0206). You are not required to respond to this collection of information unless a valid 3 control number appears in the upper right corner of this form. Please do not send your completed form to the above Ford ZU -16, FEB 01 U.S. DEPARTMENT OF HOMELAND SECURITY ASSURANCES - NON - CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration) 5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (1) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of Form 20 -16A, JUN 94 alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 -dd -3 and 290- ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(x) of the Flood Disaster Protection Act of 1973 (P.I.. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. VIL i0gP. 'A-F 54 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1%9 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1%6, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). Fonn 20 -ISA (BACK) 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non -profit organizations. 55 U.S. DEPARTMENT OF HOMELAND SECURITY CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 28 CFR Part 17, "Government -wide Debarment and suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the covered transaction, grant, or cooperative agreement. 1. A. As required by section 1352, Title 31 of the U.S. Code, and implemented at 44 CFR Part 18, for persons entering into a grant or cooperative agreement over $100,000, as defined at 44 CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing 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 making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all subrecipients shall certify and disclose accordingly. Standard Form LLL, "Disclosure of Lobbying Activities" attached. (This form must be attached to certification if nonappropriated funds are to be used to influence activities.) 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510 -A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by Federal department or Form 20 -16C, JUN 94 (b) Have not within a three -year period preceding this application been convicted of ar had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public t ransactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or shall shall attached an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 44 CFR Part 17, Subpart F, for grantees, as defined at 44 CFR Part 17, Sections 17.615 and 17.620: A. The applicant certifies that it will continue to privide a drug - free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions tht will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug free awareness program to inform empoyees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; - )o4 5(� (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable FEMA awarding office, i.e., regional office or FEMA office. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or rorm zu -16%.; tnw%.;rtf (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (t). S. the grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, City, County, State, Zip code) Check F-�d there are workplaces on file that are not identified here. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. States and State agencies may elect to use a Statewide certification. 10 �t 57 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -0046 (See reverse for public burden disclosure) 1. Type of Fedepl AC-tlon: 2. Status of Federal Action: 3. Report Type: a. contract rX s. bid/offer /application ❑X a. Initial filing Xb. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee data of last report f. loan insurance Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name MPrime ❑X Subawardee and Address of Prime: Tier > if known: Brazos County Emergency Management 101 Regent Ave., Suite 320 Bryan, TX 77803 ongressional District, if known: Congressional District, if known: . Federal Department/Agency: 7. Federal Program Name/Description: FEMA EMPG CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): N/A N/A 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material Signature:% representation of fad upon which reliance was placed by the tier above when this transaction was made or entered into. This Print Name: Randy Sirg disclosure is required pursuant to 31 U.S.C. 1352. This information wiN be reported to the Congress semi - annually and will be Title: County Jud e available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less Telephone No.: 979 - 361 -4102 Date: 11/30/2007 than $10,000 and not more than $100,000 for each such failure. ederal Use Only: Authorized for Local Reproduction Standard Fonn LLL (Rev. 7 -97)