HomeMy WebLinkAbout2008-09-23-9:00AM-REGULARPC ti. OF
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BR_AZOS COUNTY
BRYAN, TEXAS lzC~~
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
TIlE COMMISSIONERS COURT OF BRAZOS COiAVTY WILL MEET IN REGTJ L.AR SESSION ON 23 SEPTEMBER 2008 AT 9:00 A_M_ IN THE COMMISSIONERS
COURTROOM OF THE COi7lVTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_
1 _ Invocation and Pledge of Allegiance - Commissioner Mallard_
2_ Call for citizen's input and/or concerns-
3_ Presentation of the Delinquent Property Tax Collection Activity £or the period or 1 January 2008 through 31 August 2008.
Consider and take action oa agenda items 4 - 30:
4_ Request from Emergency Management for permission to move F. cls in Division 63000500 from Account 67342000 (Furniture to Account 67281000 (Equipment
Electronics for the purchase of various electronic components and parts needed for the installation and operation o£ the audiovisual system in the Community Emergency
Operations Center. Approximate cost= $3,642.43_
5_ Budget Amendment 07/08-48.1 for 07/08-48.11_
6_ Personnel Change of status-
7_ Payment o£ Claims_
8 _ Comprehensive Underage Drinking Enforcement Program grant agreement with the Texas Departrrrent of Transportation for a three year grant-
Office of the County Judge • 200 South Texas Ave. Suite 332 Bryan, Texas ' 7803 - Fax: (S79> 361-4 03
Commissioners Court Agenda
23 September 2008
Page 2
9. Authorization to negotiate the possible sale of three (3) parcels of land being 1.05 acre,
0.600 acre, and 0.101 acre in the Crawford Burnett League, A-7, pursuant to Local
Government Code, Section 272.001 (b)(1). Site is located off Jones Butler Road in
Precinct 1.
10. Permission to pay the Internal Revenue Service $7,725.00 in additional taxes for
calendar year 2005, based on a Payroll Tax Examination for 2005 conducted by the
IRS.
11. Non-profit Organization application for Brazos County Inmate Work Crew Labor
submitted by BVCASA.
12. Renewal of the online user agreement with Entersect for online investigative database
services for the Sheriff's Office with no change in rate.
13. Service Agreement with Southwest Solutions Group for the Spacesaver storage system
used in the Sheriff's Office evidence room. Term of this agreement is 10/01/2008
through 9/30/2009.
14. Ratification of Brazos County Order 08-014 establishing a State of Emergency as a
result of extensive financial damages from emergency shelter operations as well as
physical damages from high winds and heavy rainfall associated with "Hurricane Ike."
15. Capital requisition in the amount of $8,211.59 to DTC Communications, Inc. for the
purchase of a repeater for the body microphones used by the Brazos County Special
Investigations Unit.
16. Permission to advertise Bid #2008-048, Janitorial Supplies for Brazos County.
17. Ratification of Change Order No. 1 in the amount of $10,384.00 with Greenway
Constructors for the additional interior work on the portable buildings at the Juvenile
Justice Center (P.O. #08004245).
18. Renewal Acceptance Letter and Contract with McCreary, Veselka, Bragg & Allen, P.C.
for the collection of delinquent property taxes; term of agreement is 10/01/2008
through 9/30/2010 with an option to renew for two additional years.
19. Contract with The Eagle for municipal advertising with no change in rates; term of
agreement is 9/01/2008 through 8/31/2009.
20. Contract Renewal Agreement with A-1 Fire and Safety for the inspection of fire safety
equipment with no change in rates; term of agreement is 10/01/2008 through 9/30/2009.
21. Contract Renewal Agreement with R. P. Lee for pest control services with no change in
rates; term of agreement is 10/01/2008 through 9/30/2009.
L F
Commissioners Court Agenda
23 September 2008
Page 3
22. Contract Renewal Agreement with Fort Bend Services for the water treatment program
with no change in rates; term of agreement is 10/01/2008 through 9/30/2009.
23. Contract Renewal Agreement with Texas Commercial Waste for the rental of portable
toilets with no change in rates; term of agreement is 10/01/2008 through 9/30/2009.
24. Contract Renewal Agreement with G&L Services for grease trap pumping with no
change in rates; term of agreement is 1 October 2008 through 30 September 2009.
25. Renewal of the contract with L3 Communications for the maintenance of the x-ray
machine at the Brazos County Courthouse; term of agreement is 10/01/2008 through
9/30/2009.
26. Contract Renewal Agreement with Able Tire Disposal with no change in rates; term of
agreement is 10/01/2008 through 9/30/2009.
27. Tax Refund Applications for the following:
a. Henry Dwain Cooper
b. Edna Faye Goodman
c. Bradley J. & Jameyson C. Norlander
d. Markesha Ellis & Mattie Carter
e. The Parkland Group, LLC
28. Treasurer's Report for the Month of July 2008.
29. Payment Authorization in the amount of $17,000.00 to Texas A&M University
Telecommunications for communications equipment for the Community Emergency
Operations Center.
30. Payment Authorization in the amount of $3,642.43 to Personal Computer Store Inc. for
the purchase of various electronic components and parts for the installation and
operation of the audiovisual system in the Community Emergency Operations Center.
31. Acknowledgement of the Proclamation issued by the Governor of Texas suspending the
collection of all state and local hotel and motel taxes under Chapters 156, 351 and 352
of the Texas Tax Code from the victims of Hurricane Ike for a period of 14 days
beginning 8 September 2008.
32. Announcement of interest items and possible future agenda topics.
33. Call for citizen input and/or concerns.
34. Agency / Board / Committee reports by Court members.
35. Adjourn.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102.
COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 23, 2008
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, September 23, 2008 with the following members of
the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Mallard gave the invocation and then led the
pledge of allegiance.
Under citizen input and/or concerns, the following
spoke:
County Judge
a) He praised the local EOC for their work
during Hurricane Ike. He particularly
thanked Chuck Frazier, Emergency Management
Coordinator along with all the volunteers.
Vol 1I4 Page 4
Commissioners Court meeting September 23, 2008 2
The first matter before the Court was a presentation of
the delinquent tax report for the period of January 1, 2008
trough August 31, 2008 presented by Shelburne Veselka,
representative of McCreary, Veselka, Bragg & Allen, P.C.
Attorneys at Law.
The next matter before the Court was consideration of a
request from Emergency Management for permission to move funds
within the budget for the purchase of various electronic
components and parts needed for the installation and operation
of the audiovisual system in the Community Emergency
Operations Center. The approximate cost is $3,642.43. On
motion by Commissioner Cauley, seconded by Commissioner
Mallard, the Court voted unanimously to approve the request.
The Court next considered Budget Amendment #07/08-48.1
through 48.11, that would reallocate funds for the 272nd
District Court, Human Resources Department, Jail Expansion,
General Capital Improvement Fund, Emergency Management,
Special Investigations Unit, CUDEP, General Permanent
Improvement, Juvenile Services; and transfer funds from
Contingency to Emergency Relief (2). On motion by Commissioner
Peters, seconded by Commissioner Wassermann, the Court voted
unanimously to approve the budget amendments as submitted. A
copy each amendment is attached.
Vol 114 Page 5
Commissioners Court meeting September 23, 2008 3
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 Cauley, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7054233 through 7054529
On motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was a request from the
County Attorney's Office for the Court to re-approve and sign
the "Comprehensive Underage Drinking Enforcement Program"
Grant Agreement with the Texas Department of Transportation
for a three year grant. Such grant to be in the total amount
of $343,863.52; 45.86 percent to be funded by County funds,
54.14 percent to be funded by federal funds. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to re-approve the grant agreement,
authorize the County Judge to sign the grant agreement on
behalf of Brazos County and accept such grant funds as may be
tendered. A copy is attached.
Vol l (y- Page &
Commissioners Court meeting September 23, 2008 4
The next matter before the Court was the authorization to
negotiate the sale of three (3) parcels of land being 1.05
ac., 0.600 ac. and 0.101 ac. in the Crawford Burnet League.
This is pursuant to Local Government Code, Section
272.001(b)(1). The sites are located off of Jones Butler Road
in Precinct 1. Patricia Meronoff, spoke on the issue saying
these are small strips of land. The Court needs to consider
if the sale of this property meets the Government Code,
Section 272. 001 (b) (1) and if so, offer to sell them to the
adjoining property owners. Steve Lovett, Appraiser, spoke on
the highest and best use of these properties. He considered
location, physical attributes etc. and determined that these
lands could not stand alone for purchase. He determined that
the highest and best use would be with the adjoining property.
The County Judge asked Mrs. Meronoff if in her opinion it was
legal to sell the properties. She replied yes that it falls
within the definition of the Section. The sale should be at a
fair market value and recommended that the Road & Bridge
Department negotiate with the adjacent land owners. On motion
by Commissioner Wassermann, seconded by Commissioner Cauley,
the Court voted unanimously to negotiate the sale of the three
(3) parcels of land.
The Court next considered a request from the County
Vol 0 ~ Page 7
Commissioners Court meeting September 23, 2008 5
Auditor's office for permission to pay the Internal Revenue
Service (IRS) $7,725.00 in additional taxes for calendar year
2005, based on a payroll tax examination for that year that
was conducted by the IRS. On motion by Commissioner Peters,
seconded by Commissioner Cauley, the Court voted unanimously
to pay the $7,725.00 to the Internal Revenue Service.
The next matter before the Court was consideration of a
Non-Profit Organization application for Brazos County Inmate
Work Crew Labor. BVCASA has applied for an inmate work crew
to help move boxes, bookcases, desks, books and general office
supplies to another building on the site. On motion by
Commissioner Wassermann, seconded by Commissioner Cauley, the
Court voted unanimously to approve the request for a County
inmate work crew.
The next matter for consideration was a request from
Sheriff Chris Kirk for permission to renew the subscription to
Entersect which is an online investigative database tool. The
renewal will be at the same rate of $900.00. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the request to renew the
Entersect subscription.
The next matter before the Court was consideration of an
Evidence Storage Spacesaver Service Agreement with Southwest
Vol 114 Page 8
Commissioners Court meeting September 23, 2008 6
Solutions Group. The Agreement is for the period of October
1, 2008 through September 30, 2009 and will cost $1,338.46.
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the Agreement
and authorized the County Judge to execute the document. A
copy is attached.
The Court next considered ratification of Order No. 08-
014 Declaring a State of Emergency in anticipation of
Hurricane Ike. This action is pursuant to Chapter 418 of the
Texas Government Code. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to ratify Order No. 08-014 signed by the County
Judge on September 16, 2008 Declaring a State of Emergency in
Brazos County. A copy is attached.
The next matter before the Court was consideration of a
requisition to DTC Communications, Inc. in the amount of
$8,211.59 for the purchase of a Repeater for the Body
Microphones used by the Brazos County Special Investigations
Unit. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the manual requisition.
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 2008-048, Janitorial
Vol 1 1 4 Page 9
Commissioners Court meeting September 23, 2008 7
Supplies. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to authorize
the Purchasing Agent to advertise for bids for janitorial
supplies.
The Court next considered ratifying Change Order No. 1
submitted by Greenway Constructors for the addition of
interior work on the portable buildings at the Juvenile
Justice Center. The Change Order No. is in the amount of
$10,384. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to ratify
Change Order No. 1. A copy is attached.
The next matter before the Court was consideration of the
renewal of RFP 2006-027, Delinquent Ad Valorem Tax Collection
Service with the law firm of McCreary, Veselka, Bragg & Allen
P.C. The renewal has been approved by the committee members
from Brazos County, City of Bryan, City of College Station and
College Station Independent School District. On motion by
Commissioner Cauley, seconded by Commissioner Mallard, the
Court voted unanimously to approve the renewal of RFP 2006-027
along with the acceptance letter and authorized the County
Judge to execute the contract document. Shelbourne Veselka
presented the Court with a check in the amount of $6,000.00
because the collection goal was not met.
Vol 114 Page (0
Commissioners Court meeting September 23, 2008 8
The Court next considered renewal of the municipal
Advertising Contract with The Eagle. There is no price
increase over last year for services provided. The contract
is in effect from October 1, 2008 and expires on September 30,
2009. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the renewal.
The next matter before the Court was consideration of a
Contract Renewal Agreement with A-1 Fire and Safety for the
inspection of fire safety equipment. There is no change in
the rates. Term of the agreement is October 1, 2008 through
September 30, 2009. On motion by the County Judge, seconded
by Commissioner Peters, the Court voted unanimously to remove
this item from the agenda.
The County Judge then read aloud agenda items 21-26 and
On motion by the County Judge, seconded by Commissioner
Cauley, the Court voted unanimously to table the following
contracts because they had not been reviewed by legal counsel:
a. Agenda Item 21, Renewal of Contract for pest control
services with R.P. Lee
b. Agenda Item 22, Renewal of Contract for Water
Treatment Program with Fort Bend Services.
c. Agenda Item 23, Renewal of Contract with Texas
Commercial Waste for Portable Toilet Rental
d. Agenda Item 24, Renewal of Contract with G&L Services
for Grease Trap Pumping.
e. Agenda Item 25, Renewal of Contract with L3
Communications for X-Ray Equipment Maintenance.
Vol )14 Page 0
Commissioners Court meeting September 23, 2008 9
f. Agenda Item 26, Renewal of Contract with Able Tire
Disposal for Tire Disposal.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a) Henry Dwain Cooper, over payment $492.23
b) Edna Faye Goodman, over payment $28.82
c) Bradley J. & Jameyson C. Norlander, over payment
$262.58
d) Markesha Ellis & Mattie Carter, over payment $844.86
e) The Parkland Group, LLC, over payment $173.39
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the tax
refund applications.
On motion by the County Judge, seconded by Commissioner
Peters, the Court voted unanimously to receive, approve and
order filed as submitted the Treasurer's report for July 2008.
A copy is attached and made a part of these minutes.
The next matter before the Court was consideration of a
payment authorization to Texas A&M University in the amount of
$17,000.00 for communications equipment for the Community
Emergency Operations Center (CEOC). On motion by Commissioner
Mallard, seconded by Commissioner Cauley, the Court voted
unanimously to approve the payment authorization.
The Court next considered another payment authorization
to the Personal Computer Store, Inc. in the amount of
Vol [1q Page l a-
Commissioners Court meeting September 23, 2008 10
$3,642.43 for Media Equipment and associated accessories for
the Community Emergency Operations Center (CEOC). On motion
by Commissioner Mallard, seconded by Commissioner Cauley, the
Court voted unanimously to approve the payment authorization.
The Court acknowledged receipt of the Proclamation issued
by the Governor of Texas suspending the collection of all
state and local hotel and motel taxes under Chapters 156,351
and 352 of the Texas Tax Code from the victims of Hurricane
Ike for a period of 14 days beginning September 8, 2008.
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner Mallard
a) Asked why we have people sign in for the
Commissioners Court meeting. He then
wondered if we still need to do this.
Under citizen input and/or concerns, the following
spoke:
Eric Caldwell, Director of the Information Technology
Department
a) Gave an overview of the CIRA software. He
said that they were going forward with phase
I.
There were no Agency/Board/Committee reports by Court
members.
Vol l Page 0
Commissioners Court meeting September 23, 2008
11
There being no further business to come before the Court,
the meeting was adjourned.
Vol [ l~ Page l~'
The foregoing minutes of the Commissioners Court meeting held
September 23, 2008 have been examined and are approved in open
Court this the day of lit b, r- , 2008, in Bryan,
Brazos Cgunty,,-?Texas
Randy S' Ks Lloy Wassermann
Count Judge Commissioner, Precinct 1
Duane Peters Kenn -Mallar
Commissioner, Precinct 2 Commissioner, recinct 3,
Carey Caddy, Jr.
Commissioner, Prec' ct/4
Attest:
aren McQueen
County Clerk
Vol 11q Page 15
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BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR
NO. 07/08-48.1 thru 07/08-48.11
On this the 23`d day of September 2008 at a regular meeting of the Commissioners' Court, the
following members were present:
Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 23 September 2008 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 23`d day of September 2008.
THE COMMISSIONERS-COURT OF BRAZOS COUNTY, TEXAS.
By:
Randy>fins, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 48.1
ai73i7nnFt
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
22100100
61620000
CR
Subscriptions and Publications
55.50
0100
22100100
65200000
DR
Equipment Maintenance
55.50
To reverse bud et amendment number 07/08-47.8 approved b Commissioner's Court 9/16/08.
0100
22100100
61620000
CR
Subscriptions and Publications
55.50
0100
22100100
65200000
DR
Equipment Maintenance
55.50
272nd District Court
To reallocate funds within the department to cover the copier maintenance agreement
The increase and decrease to the accounts was done incorrectly, this entry above will provide the funds as requested.
vu
P U,
.
77
^sigY `•"<~<'~p.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 48.2
9/23/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 15000100 67050000 CR A liances 123.00
0100 15000100 71500000 DR Rental- Equipment 123.00
Human Resources
To move funds for the co machine overa es.
Prepay d BI t r 1 kdc
p } f 9118120018
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 48.3
9/23/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency 500.00
0100 35500200 60380000 DR Health Program Supplies 500.00
Emergency Retief
To move funds from the Coun 's contin enc to cover the cost of the emergency relief for Hurricane Gustav.
14 °Z`
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 48.4
9/23/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4308 63430800 72590000 CR Professional Fees - Other 41,226.00
4308 63430800 80130000 DR Building-Sheriff - Jail 41,226.00
Jail Expansion
To move funds to rofessional services for the costs associated with Paul Martin and the PFM ggrou for the bond sale.
IPr re rBy r T kdc
Date _ R.. - 9/181 008,,
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 48.5
9/23/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 80101002 CR Buildings - Portables 10 724.88
4500 63000500 67203000 DR Minor Computer Hardware 10 724.88
General Capital Improvement Fund
To move budget from the Juvenile Portable buildin roject to the minor computer hardware acount fo rthe purchase o computers,
ro'ector and touchscreen monitors.
1 `f,`.:'
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 48.6
9123/2nnR
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contingency
71,150.00
0100
35500200
51620000
DR
Hourl - Overtime
50,000.00
0100
35500200
53100000
DR
Social Security
3900.00
0100
35500200
53200000
DR
Retirement
6,000.00
0100
35500200
53800000
DR
Worker's Comp.
1,250.00
0100
35500200
60080000
DR
Clothing and Uniforms
2000.00
0100
35500200
60350000
DR
Food and Food Supplements
2,000.00
0100
35500200
60380000
DR
Health Program Supplies
2,000.00
0100
35500200
60500000
DR
Office Equipment
2,00 .00
0100
35500200
60600000
DR
Office Supplies
2,00000
Emergency Relief
To move funds from the Coun s contingency to a for costs associated with operating shelters dur
ing and afte Hurricane Ike.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 48.7
9/23/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 35500100 71506000 CR Rental - Office S ace 17,000.00
0100 35500100 80294000 DR Equipment - telephone 17,000.00
Emergency Management
To move funds to allow for the a ent of the Coun 's share of the Communications Equipment in the new EOC.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 48.8
9/2313008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
3202 282300 61120000 CR Confidential Funds 8,500.00
3202 282300 80281000 DR Equipment Electronic 8,500.00
Special Investi ations Unit
To reallocate bud et to urchase surveillance ui ment.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 48.9
9/23/3008
FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease
3000 183100 71400000 DR Peace Officers 4,000.00
3000 183100 61801000 CR Travel 4,000.00
CUDEP
To transfer funds from the Travel account to the Peace officers account.
13RAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 48.10
8/23/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 67342000 CR Furniture less than $5000 3,642.43
4500 63000500 67281000 DR Equipment Electronic 3,642.43
General Permanent Improvement
To tranfer funds allocated for furniture for the EOC to the proper account for the equipment urchased.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 48.11
amw?nnR
FUND
DIV
ACCT
PROJ
DRICR
ACCOUNT NAME
Increase
Decrease
0100
31000200
60240000
CR
Detention Supplies
1,000.00
0100
31000200
60350000
CR
Food and Food Su lments
3,600.00
0100
31000100
72540000
DR
Ph sicial Services
1,000.00
0100
31000100
72660000
DR
Ps chiatric Services
600.00
0100
31000100
61470000
DR
Prescri tions
3,000.00
Juvenile Services
To transfer
funds from the Detention d
t. to the A
dministration Dept for medical services for juven
iles
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: September 23, 2008
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
Juvenile Services Mathis, Jacklyn Add State Stipend
O'Connor, Kevin Resignation
Justin of the Peace 2.1
Wieters, Rebecca Termination
Sheriff's Office- Jail
Perez, Christian Resignation
Phariss, William New Hire
Approved in Commissioners' Court: September 23, 2008:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Texas Traffic Safety eGrants
Fiscal Year 2009
Organization Name: Brazos County Attorney's Office
Legal Name: Brazos County Attorney's Office
Payee Identification Number: 17460004330038
Project Title: Brazos County Comprehensive Underage Drinking
Program
ID: 2009-BrazosCA-G-MYG-Yr1-0226
Period: 10/01/2008 to 09/30/2009
Page 1 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the Department and the,
Brazos County Attorney's Office hereinafter called the Subgrantee, and becomes
effective then fully executed by both parties. For the purpose of this agreement, the
Subgrantee is designated as a(n) Local Government.
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2009.
Project Title: Brazos County Comprehensive Underage Drinking Program
Project Description: Regional Underage Drinking Task Force
Grant Period: This Grant becomes effective on 10/01/2008 or on the date of final signature
of both parties, whichever is later, and ends on 09/30/2011 unless terminated or otherwise
modified.
Total Awarded: $343,863.52
Amount Eligible for Reimbursement: $184,342.62
Match Amount: $159,520.90
Program Income: $0.00
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer
of the organization for which she/he has executed this agreement and that she/he has full
and complete authority to enter into this agreement on behalf of the organization.
THE SUBGRANTEE
Brazos County Attorney's Office
[Authorized Si
THE STATE OF TEXAS
Executed for the Executive Director and
Approved for the Texas Transportation
Commission for the purpose and effect of
activating and/or carrying out orders, established
policies or work programs approved and
authorized by the Texas Transportation
Commission
By:
[District Engineer Texas Department of
Transportation]
Randy Sims
[Name]
[Name]
County Judge
[Title] [Title]
Date: qi( 31/ Date:
Under the authority of Ordinance or
Resolution Number (for local
government):
(If Applicable)
By:
Director, Traffic OperationsDivision Texas
Department of Transportation (Not required for
local project grants under $100,000.00)
[Resolution Number]
Date:
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[Legal Name of Agency]
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
General Information
Project Title Brazos County Comprehensive Underage Drinking
Program
Project Description Regional Underage Drinking Task Force
How many years has your organization received funding for this project?
This will be our second year.
Project Director Name
Organization Address
Mailing Address
Gerald Kinard
300 East 26th Street
Suite 325
Bryan, TX 77803
Multi Year Proposal Selection
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Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this
Agreement, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subgrantee shall
furnish the Department with satisfactory proof of its compliance therewith.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations,
policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations),
Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB
Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB
Circular A-133; and the Department's Traffic Safety Program Manual, as they relate to the
application, acceptance, and use of federal or state funds for this project. Also, the
Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or
similar action has been duly adopted or passed as an official act of the applicant's
governing body, authorizing the filing of the application, including all understandings
and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964
(Public Law 88-352), as amended, and in accordance with that Act, no person shall
discriminate, on the grounds of race, color, sex, national origin, age, religion, or
disability.
C. It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC
(United States Code) §§4601 et seq.; and United States Department of
Transportation (USDOT) regulations, "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which
provide for fair and equitable treatment of persons displaced as a result of federal
and federally assisted programs.
D. It will comply with the provisions of the Hatch Political Activity Act, which limits the
political activity of employees. (See also Article 25, Lobbying Certification.)
E. It will comply with the federal Fair Labor Standards Act's minimum wage and
overtime requirements for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a
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purpose that is or gives the appearance of being motivated by a desire for private
gain for themselves or others, particularly those with whom they have family,
business, or other ties.
G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
1. It recognizes that many federal and state laws imposing environmental and
resource conservation requirements may apply to this Grant Agreement. Some, but
not all, of the major federal laws that may affect the project include: the National
Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean
Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal
Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource
Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the
Comprehensive Environmental Response, Compensation, and Liability Act, as
amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S.
Environmental Protection Agency, USDOT, and other federal agencies have issued,
and in the future are expected to issue, regulation, guidelines, standards, orders,
directives, or other requirements that may affect this Project. Thus, it agrees to
comply, and assures the compliance of each contractor and each subcontractor,
with any such federal requirements as the federal government may now or in the
future promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any
federal financial assistance for construction or acquisition purposes for use in any
area that has been identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazards. The phrase "federal
financial assistance" includes any form of loan, grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect
federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive
Order 11593, and the Antiquities Code of Texas (National Resources Code,
Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no
officer, employee, or member of the Subgrantee's governing board or the
Subgrantee's subcontractors shall vote or confirm the employment of any person
related within the second degree of affinity or third degree by consanguinity to any
member of the governing body or to any other officer or employee authorized to
employ or supervise such person. This prohibition shall not prohibit the employment
of a person described in Section 573.062 of the Texas Government Code.
M. It will ensure that all information collected, assembled, or maintained by the
applicant relative to this project shall be available to the public during normal
business hours in compliance with Chapter 552 of the Texas Government Code,
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unless otherwise expressly provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which
requires all regular, special, or called meetings of governmental bodies to be open
to the public, except as otherwise provided by law or specifically permitted in the
Texas Constitution.
ARTICLE 3. COMPENSATION
A. The method of payment for this Agreement will be based on actual costs incurred
up to and not to exceed the limits specified in the Project Budget. The amount
included in the Project Budget will be deemed to be an estimate only and a higher
amount can be reimbursed, subject to the conditions specified in paragraph B
hereunder. If the Project Budget specifies that costs are based on a specific rate,
per-unit cost, or other method of payment, reimbursement will be based on the
specified method.
B. All payments will be made in accordance with the Project Budget.
The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the
approved Project Budget without a grant (budget) amendment, as long as the
overrun does not exceed a total of five (5) percent per year of the maximum amount
eligible for reimbursement (TxDOT) in the attached Project Budget for the current
fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the
Project Budget.
If the overrun is five (5) percent or less, the Subgrantee must provide written
notification to the Department, through the TxDOT Electronic Grants Management
System (eGrants) messaging system, prior to the Request for Reimbursement being
approved. The notification must indicate the amount, the percent over, and the
specific reason(s) for the overrun.
Any overrun of more than five (5) percent of the amount eligible for reimbursement
(TxDOT) in the attached Project Budget requires an amendment of this Grant
Agreement.
The maximum amount eligible for reimbursement shall not be increased above the
Grand Total TxDOT Amount in the approved Project Budget, unless this Grant
Agreement is amended, as described in Article 5 of this Agreement.
For Selective Traffic Enforcement Program (STEP) grants only. In the Project
Budget, Subgrantees are not allowed to use underrun funds from the TxDOT
amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to
exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are
not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed
in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E
Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with
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underrun funds from Budget Categories II or III.
C. To be eligible for reimbursement under this Agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant
Period of this Grant Agreement, attributable to work covered by this Agreement, and
which has been completed in a manner satisfactory and acceptable to the
Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources.
The term "supplanting," refers to the use of federal or TxDOT funds to support
personnel or an activity already supported by local or state funds.
E. Payment of costs incurred under this Agreement is further governed by one of the
following cost principles, as appropriate, outlined in the Federal Office of
Management and Budget (OMB) Circulars:
• A-21, Cost Principles for Educational Institutions;
• A-87, Cost Principles for State, Local, and Indian Tribal Governments; or,
• A-122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly Requests for
Reimbursement, as designated in this Grant Agreement, within thirty (30) days after
the end of the billing period. The Request for Reimbursement and appropriate
supporting documentation must be submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this
Agreement within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
1. Project agreements supported with federal or TxDOT funds are limited to the length
of this Grant Period specified in this Grant Agreement. If the Department determines
that the project has demonstrated merit or has potential long-range benefits, the
Subgrantee may apply for funding assistance beyond the initial Agreement period.
Preference for funding will be given to those projects for which the Subgrantee has
assumed some cost sharing, those which propose to assume the largest
percentage of subsequent project costs, and those which have demonstrated
performance that is acceptable to the Department.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder is contingent upon the availability of funds. If at any
time during this Grant Period, the Department determines that there is insufficient funding
to continue the project, the Department shall so notify the Subgrantee, giving notice of
intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the
end of a federal fiscal year, the Department determines that there is sufficient funding and
performance to continue the project, the Department may so notify the Subgrantee to
continue this agreement.
ARTICLE 5. AMENDMENTS
This Agreement may be amended prior to its expiration by mutual written consent of both
parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be
executed by the parties within the Grant Period, as specified in this Grant Agreement.
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ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
Agreement and constitutes additional work, the Subgrantee shall promptly notify the
Department in writing through eGrants system messaging. If the Department finds that
such work does constitute additional work, the Department shall so advise the Subgrantee
and a written amendment to this Agreement will be executed according to Article 5,
Amendments, to provide compensation for doing this work on the same basis as the
original work. If performance of the additional work will cause the maximum amount
payable to be exceeded, the work will not be performed before a written grant amendment
is executed.
If the Subgrantee has submitted work in accordance with the terms of this Agreement but
the Department requests changes to the completed work or parts thereof which involve
changes to the original scope of services or character of work under this Agreement, the
Subgrantee shall make such revisions as requested and directed by the Department. This
will be considered as additional work and will be paid for as specified in this Article.
If the Subgrantee submits work that does not comply with the terms of this Agreement, the
Department shall instruct the Subgrantee to make such revisions as are necessary to bring
the work into compliance with this Agreement. No additional compensation shall be paid
for this work.
The Subgrantee shall make revisions to the work authorized in this Agreement, which are
necessary to correct errors or omissions appearing therein, when required to do so by the
Department. No additional compensation shall be paid for this work.
The Department shall not be responsible for actions by the Subgrantee or any costs
incurred by the Subgrantee relating to additional work not directly associated with or prior
to the execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. For short-term projects, only one report
submitted by the Subgrantee at the end of the project may be required. For longer projects,
the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency
of the performance reports is established through negotiation between the Subgrantee and
the program or project manager.
For Selective Traffic Enforcement Programs (STEPs), performance reports must be
submitted monthly.
The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why established
objectives and performance measures were not met, if appropriate, and (3) other pertinent
information, including, when appropriate, an analysis and explanation of cost underruns,
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overruns, or high unit costs.
The Subgrantee shall submit the Final Performance Report through eGrants within thirty
(30) days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing, through eGrants
messaging, of events that will have a significant impact upon this Agreement, including:
A. Problems, delays, or adverse conditions, including a change of project director or
other changes in Subgrantee personnel, that will materially affect the ability to attain
objectives and performance measures, prevent the meeting of time schedules and
objectives, or preclude the attainment of project objectives or performance
measures by the established time periods. This disclosure shall be accompanied by
a statement of the action taken or contemplated and any Department or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure
output than originally projected.
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records,
books, and other evidence pertaining to costs incurred and work performed hereunder,
(hereinafter called the records), and shall make such records available at its office for the
time period authorized within the Grant Period, as specified in this Grant Agreement. The
Subgrantee further agrees to retain said records for four (4) years from the date of final
payment under this Agreement, until completion of all audits, or until pending litigation has
been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall have access to the
records. This right of access is not limited to the four (4) year period but shall last as long
as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from all
claims and liability due to the acts or omissions of the Subgrantee, its agents, or
employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify,
hold, and save harmless the Department from any and all expenses, including but not
limited to attorney fees, all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any
activities of the Subgrantee, its agents, or employees.
Further, to the extent permitted by law, the Subgrantee, if other than a government entity,
agrees to protect, indemnify, and save harmless the Department from and against all
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claims, demands, and causes of action of every kind and character brought by any
employee of the Subgrantee against the Department due to personal injuries or death to
such employee resulting from any alleged negligent act, by either commission or omission
on the part of the Subgrantee.
If the Subgrantee is a government entity, both parties to this Agreement agree that no
party is an agent, servant, or employee of the other party and each party agrees it is
responsible for its individual acts and deeds, as well as the acts and deeds of its
contractors, employees, representatives, and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This Agreement supercedes any prior oral or written agreements. If a conflict arises
between this Agreement and the Traffic Safety Program Manual, this Agreement shall
govern.
The Subgrantee shall be responsible for the settlement of all contractual and administrative
issues arising out of procurement made by the Subgrantee in support of Agreement work.
Disputes concerning performance or payment shall be submitted to the Department for
settlement, with the Executive Director or his or her designee acting as final referee.
ARTICLE 11. TERMINATION
This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all
services and obligations described herein and these have been accepted by the
Department, unless:
• This Agreement is terminated in writing with the mutual consent of both parties; or
• There is a written thirty (30) day notice by either party; or
• The Department determines that the performance of the project is not in the best
interest of the Department and informs the Subgrantee that the project is terminated
immediately.
The Department shall compensate the Subgrantee for only those eligible expenses
incurred during the Grant Period specified in this Grant Agreement which are directly
attributable to the completed portion of the work covered by this Agreement, provided that
the work has been completed in a manner satisfactory and acceptable to the Department.
The Subgrantee shall not incur nor be reimbursed for any new obligations after the
effective date of termination.
ARTICLE 12. INSPECTION OF WORK
The Department and, when federal funds are involved, the US DOT, or any authorized
representative thereof, have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed hereunder and the premises in which it is
being performed.
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If any inspection or evaluation is made on the premises of the Subgrantee or its
subcontractor, the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.
ARTICLE 13. AUDIT
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public
Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in
OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit
Organizations."
The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under this Agreement or indirectly through a subcontract under this
Agreement. Acceptance of funds directly under this Agreement or indirectly through a
subcontract under this Agreement acts as acceptance of the authority of the State Auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior
written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all
applicable terms and conditions of this Agreement. No subcontract will relieve the
Subgrantee of its responsibility under this Agreement.
ARTICLE 15. GRATUITIES
Texas Transportation Commission policy mandates that employees of the Department
shall not accept any benefit, gift, or favor from any person doing business with or who,
reasonably speaking, may do business with the Department under this Agreement. The
only exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the
Department under this Agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Subgrantee, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than a
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bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this Agreement. If
the Subgrantee breaches or violates this warranty, the Department shall have the right to
annul this Agreement without liability or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover the full amount of such fee, commission,
brokerage fee, contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in
any way interfere with its or its employees' performance or which in any way conflicts with
the interests of the Department. The Subgrantee shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the
Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
The Subgrantee certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this Agreement, or will be able to obtain
such personnel from sources other than the Department.
All employees of the Subgrantee shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the
work, shall immediately be removed from association with the project.
Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,
and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect,
preserve, use, maintain, and dispose of any property furnished to it by the Department or
purchased pursuant to this Agreement in accordance with its own property management
procedures, provided that the procedures are not in conflict with the Department's property
management procedures or property management standards and federal standards, as
appropriate, in:
• 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," or
• 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
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Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties hereto, all finished or unfinished documents, data, studies,
surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee,
and equipment and supplies purchased with grant funds shall, at the option of the
Department, become the property of the Department. All sketches, photographs,
calculations, and other data prepared under this Agreement shall be made available, upon
request, to the Department without restriction or limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of
intellectual property rights covering any data bases, software, inventions, training
manuals, systems design, or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including
copyrights, copyright applications, copyright renewals, and copyright extensions),
title and interests in and to all data, and other information developed under this
contract and versions thereof unless otherwise agreed to in writing that there will be
joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the
Subgrantee without any type of funding or resource assistance from the Department
remain the Subgrantee's intellectual property. For these classes and materials, the
Department payment is limited to payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns,
and administrators to the other party to this Agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in
this Agreement without written consent of the Department through eGrants messaging.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations
relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR,
Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be
amended periodically (hereinafter referred to as the Regulations). The Subgrantee
agrees to comply with Executive Order 11246, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 and as supplemented by the
U.S. Department of Labor regulations (41 CFR, Part 60).
B. Nondiscrimination: The Subgrantee, with regard to the work performed during the
period of this Agreement, shall not discriminate on the grounds of race, color, sex,
national origin, age, religion, or disability in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
C. Solicitations for subcontracts, including procurement of materials and equipment: In
all solicitations either by competitive bidding or negotiation made by the Subgrantee
for work to be performed under a subcontract, including procurements of materials
and leases of equipment, each potential subcontractor or supplier shall be notified
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D. Information and reports: The Subgrantee shall provide all information and reports
required by the regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Department or the USDOT to be pertinent to ascertain
compliance with such regulations or directives. Where any information required of
the Subgrantee is in the exclusive possession of another who fails or refuses to
furnish this information, the Subgrantee shall so certify to the Department or the US
DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has
made to obtain the requested information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with
the nondiscrimination provision of this Agreement, the Department shall impose
such sanctions as it or the US DOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of
paragraphs A. through E. in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the regulations or directives. The
Subgrantee shall take such action with respect to any subcontract or procurement
as the Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance. However, in the event a Subgrantee becomes
involved in, or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Subgrantee may request the Department to enter into
litigation to protect the interests of the state; and in addition, the Subgrantee may
request the United States to enter into such litigation to protect the interests of the
United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of the Department and the USDOT that Disadvantaged Business
Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the
performance of agreements financed in whole or in part with federal funds. Consequently,
the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this
Agreement as follows:
The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as
defined in 49 CFR Part 26, have the opportunity to participate in the performance of
agreements and subcontracts financed in whole or in part with federal funds. In this
regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR
Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to
compete for and perform agreements and subcontracts.
The Subgrantee and any subcontractor shall not discriminate on the basis of race,
color, sex, national origin, or disability in the award and performance of agreements
funded in whole or in part with federal funds.
These requirements shall be included in any subcontract.
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 9/3/2008 Page 15 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Failure to carry out the requirements set forth above shall constitute a breach of this
Agreement and, after the notification of the Department, may result in termination of this
Agreement by the Department, or other such remedy as the Department deems
appropriate.
ARTICLE 24. DEBARMENT/SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
2. Have not within a three (3) year period preceding this Agreement been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a federal, state, or local public 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;
3. Are not presently indicted or otherwise criminally or civilly charged by a
federal, state, or local governmental entity with commission of any of the
offenses enumerated in paragraph A. 2. of this Article; and
4. Have not, within a three (3) year period preceding this Agreement, had one
or more federal, state, or local public transactions terminated for cause or
default.
B. Where the Subgrantee is unable to certify to any of the statements in this Article,
such Subgrantee shall attach an explanation to this Agreement.
C. The Subgrantee is prohibited from making any award or permitting any award at any
tier to any party which is debarred or suspended or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order
12549, Debarment and Suspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded
under this Grant Agreement to certify its eligibility to receive federal grant funds,
and, when requested by the Department, to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 9/3/2008 Page 16 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Subgrantee to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
B. If any funds other 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
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the party to this Agreement shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. The Subgrantee shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that
it either will go to the Department's website noted below and complete the Child Support
Statement or already has a Child Support Statement on file with the Department . The
Subgrantee is responsible for keeping the Child Support Statement current and on file with
that office for the duration of this Agreement period. The Subgrantee further certifies that
the Child Support Statement on file contains the child support information for the
individuals or business entities named in this grant. Under Section 231.006, Family Code,
the Subgrantee certifies that the individual or business entity named in this Agreement is
not ineligible to receive the specified grant or payment and acknowledges that this
Agreement may be terminated and payment may be withheld if this certification is
inaccurate.
The form for the Child Support Statement is available on the Internet at:
http://www.dot.state.tx.us/cso/defauIt.htm.
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 9/3/2008 Page 17 of 71
~1 49
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out the objectives and performance measures of this Grant Agreement by
implementing all activities in the Action Plan.
B. Submit all required reports to the Department (TxDOT) fully completed with the most
current information, and within the required times, as defined in Article 3 and Article 7 of
the General Terms and Conditions of this Grant Agreement. This includes reporting to the
Department on progress, achievements, and problems in monthly Performance Reports
and attaching necessary source documentation to support all costs claimed in Requests
for Reimbursement (RFR).
C. Attend Department-approved grant management training
D. Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to present
status of activities and to discuss problems and schedule for the following
quarter's work.
2. The project director or other qualified person will be available to represent
the Subgrantee at meetings requested by the Department.
E. When applicable, all newly developed PI&E materials must be submitted to the
Department for written approval, through the TxDOT Electronic Grants Management
System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety
Program Manual regarding PI&E procedures.
F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained
the written approval of the Department, through eGrants system messaging, prior to the
beginning of the trip. Grant approval does not satisfy this requirement. For Department
district-managed grants, the Subgrantee must have written Department district approval for
travel and related expenses if outside of the Department district's boundaries.
G. Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
H. Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or an activity already
supported by local or state funds.
1. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a
safety belt use policy in place, a policy should be implemented during the grant year.
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 9/3/2008 Page 18 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with the performance obligations and fiscal
requirements of this Grant Agreement using appropriate and necessary monitoring and
inspections, including but not limited to:
• review of periodic reports
• physical inspection of project records and supporting documentation
• telephone conversations
• e-mails and letters
• quarterly review meetings
• eGrants system messaging
B. Provide program management and technical assistance.
C. Attend appropriate meetings.
D. Reimburse the Subgrantee for all eligible costs as defined in the project budget.
Requests for Reimbursement will be processed up to the maximum amount payable as
indicated in the project budget.
E. Perform an administrative review of the project at the close of the grant period to:
• Ascertain whether or not the project objectives were met
• Review project accomplishments (performance measures completed, targets
achieved)
• Document any progress towards self-sufficiency
• Account for any approved Program Income earned and expended
• Identify exemplary performance or best practices
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 9/3/2008 Page 19 of 71
i
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Alcohol and Other Drug Counter Measures
Select a goal:
I....."'To reduce the number of DWI-related crashes where the driver is under age 21
Select a strategy:
Develop innovative ways and programs to combat underage drinking and driving
Increase enforcement of driving under the influence by minors laws
Increase the number of law enforcement task forces and coordinated enforcement
campaigns
Select a Goal:
To reduce the number of DWI-related crashes, injuries, and fatalities
Select a strategy:
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 9/3/2008 Page 20 of 71
li4
5I
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Problem Identification and Solution
1. Problem Identification
Over the past 20 years, alcohol-related fatal crash rates have decreased by 60
percent for driver's ages 16 to 17 years and 55 percent for driver's ages 18 to 20
years, according to a study from the Centers for Disease Control and Prevention.
Research from CDC and National Highway Traffic Safety Administration (NHTSA)
indicates that, from an enforcement standpoint, this progress can be attributed to
aggressively enforcing existing 0.08% BAC laws, minimum legal drinking age laws,
and zero tolerance laws for drivers younger than 21 years old in all states (Shults et
al. 2002, Quinlan et al. 2005).
The Texas Statewide Alcohol Program Assessment Tool completed in November,
2007 confirms that the Texas impaired driver initiative (Texas Program)has many
successful programs in place in the areas of prevention, deterrence, treatment &
rehabilitation, and program management. The Assessment Tool also found that
Texas has been successful in aggressively enforcing existing 0.08% BAC laws,
minimum legal drinking age laws, and zero tolerance laws for drivers younger than 21
years old, and that it also suspends driver's licenses for underage persons who drive
impaired - and/or in some cases simply possess alcohol.
In spite of this progress, in 2006 Texas still led the nation in the number of young
drivers killed in traffic accidents with 298 (NHTSA). Also in 2006, 25 percent of the
young drivers (15 to 20 years old) who were killed in crashes had a BAC of .08 g/dL
or higher (DOT HS 810 817). As admirable as all of the aforementioned enforcement
efforts are, their focus is still on the circumstances that occur after an underage
person consumes alcohol. Common sense dictates that underage persons cannot
drink and drive if they do not have access to alcohol.
The Assessment Tool found the Texas Program in need of improvement in the area
of Responsible Alcohol Service - more specifically, the "implementation and
enforcement of programs to eliminate the sale or service of alcoholic beverage to
those under 21 years of age". The Assessment Tool also points out that "TABC does
not have enough staff to enforce all of the alcohol regulations". Unlike DWI
enforcement, many municipal and county law enforcement agencies are reluctant to
enforce these alcohol regulations. Investigating and successfully prosecuting these
types of cases can be complex and time consuming for agencies that have no
training or experience in this area. Combine this with the fact that many medium-
sized communities like the Brazos Valley, that have universities or colleges in their
jurisdiction, are so busy dealing with the fall-out from alcohol related crime and traffic
problems that they don't have the resources to become proactive or preventive.
In 2001, alcohol-related traffic crashes totaled 391 in Brazos, Grimes, Robertson,
Madison, Washington, Leon and Burleson counties. Eight-nine (89) of the alcohol-
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related traffic crashes involved persons under the age of 21.
From September 1, 2004 to August 31, 2005, there were 2137 Minor in Possession of
Alcohol citations, 203 Making Alcohol Available to a Minor citations, and 56
Administrative charges filed against licensed establishments for Sale of Alcoholic
Beverages to a Minor in the above mentioned counties. A minor's ability to purchase,
possess and consume alcoholic beverages continues to be a problem in these
communities as witnessed by the above statistics. This area has a population that is
significantly influenced by the college community where drinking and driving is
common. From January 1, 2002 to December 31, 2006, there have been 226 criminal
cases filed in Brazos County alone where a fictitious driver's license has been used
or attempted to have been used by a minor to purchase alcohol.
The two most common ways for an underage person to obtain alcohol are: someone
sells it to them or someone buys it for them. Sale to Minor cases usually fall into one
of two categories: a licensed establishment failing to do their job, or an underage
person with a fake, fictitious, or counterfeit driver's license. Making Alcohol Available
cases are usually well-intentioned people who don't understand the legal or public
safety consequences of providing the alcohol. If we can decrease the number of
fatalities by 55-60 percent with enforcement activities directed at interdicting the
underage impaired driver after they have become impaired, more proactive
enforcement can impact that number by enforcing the existing alcohol laws at the
point of sale or acquisition- before they become impaired.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, a regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
II. Project Plan
Problem Solution
Since its inception, this TXDOT funded program has been successful in deterring
underage drinking and driving by identifying underage persons who possesses and/or
consume alcoholic beverages and by identifying persons who provide alcohol to
minors. The Brazos County Attorney's Office proposes to continue these efforts and
expand the operational scope of the Regional Alcohol Task Force for FY2009. The
task force serves, and has current memorandums of understanding with, Brazos,
Burleson, Grimes, Leon, Madison, Robertson, and Washington counties. The task
force places undercover personnel and peace officers on the street and in licensed
premises to target establishments and individuals who provide alcohol to minors. It
deploys a combination of officers, undercover minors, and undercover video
operators working variable shifts during the times and days when minors are known
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 9/3/2008 Page 22 of 71
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Brazos County Comprehensive Underage Drinking Program
to obtain alcoholic beverages.
Using civilian minors in any investigative operation can be complex and not without
risk. Task force personnel use a process of recruiting and training minor operatives
through partnerships with local schools, high school resource officers, and community
based underage drinking organizations such as the high school Zero Tolerance
programs. This is a proven process that insures a solid criminal case while keeping
the minor safe at all times.
This task force will integrate local law enforcement officers with agents of the Texas
Alcoholic Beverage Commission and enforce Texas' current underage drinking laws
at the point of alcohol sale or acquisition. Agents will conduct sale to minor stings and
making alcohol available sting operations. Agents will also conduct operations
focused on detecting fictitious driver's licenses and persons who use, sell or
manufacture them.
As the Texas Statewide Alcohol Program Assessment Tool pointed out, "local political
views determine how stringently youth impaired driving laws are enforced". Task
force personnel will develop and produce a regional task force sponsored public
service announcement to create community awareness of the dangers of underage
drinking and driving. Agents with the current Brazos County Regional Task report that
most subjects are shocked when they learn that the penalty for providing even one
sip of an alcoholic beverage to an underage person is the same as being arrested for
DWI or Deadly Conduct. Task force personnel will use these communication tools to
create a cognitive dissonance for adults who underestimate the consequences of
selling or providing alcohol to an underage person. Task force agents will also
provide technical and statistical assistance to programs like TABC's Project SAVE
and Manager awareness programs, as well successful community groups in the
region that focus on underage drinking and driving - such as Carpool, High School
Zero Tolerance Programs, and DARE.
Texas has made progress in reducing impaired driving, but the ability for underage
persons to obtain alcohol is still under-addressed. States like Virginia have
implemented enforcement oriented underage drinking programs with great success.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, this regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
By targeting underage drinking and driving at the point of sale/acquisition, this
program will continue to decrease the number of alcohol related crashes by persons
under 21 by:
1. Deterring licensed establishments, their employees, and other persons from
selling, serving, or making alcohol available to minors.
2. Identifying and filing criminal charges on minors who possess alcohol or
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fictitious/counterfeit identification.
3. Identifying and prosecuting persons who manufacture or possess with the intent to
sell fictitious/counterfeit identification to underage persons.
2009-BrazosCA-G-MYG-Yrl-0226 Printed On: 9/3/2008 Page 24 of 71
_I I 55
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Budget Summary
Budge'Category, TxD01 Match Program lncorrie Total.:
Ca ogory 1 - Labor Costs
(100) Salaries: $9,210.00 $41,434.00 $50,644:00
(200)
Fringe
$2,302.5011 $10,358.50
Benefits:
$12,661.00
~s
Sub Total.`
$11,512.50 $51,792.50
$0
$63,305.00
Ca egoryl ~.'Otlier"birect Costs
(300) Travel: $588.04)~~ $588 Q~
400
(500) Supplies: $900 00 9- p0
Contractual
(600) Services: $25,720.00 - $25,20 QO
Other 0 00
(700) sJ1 $22,420.00 $22,42
tI`~~tal
._:$4;628.04
~ ;$0
$0
~ $49;628.04
Toaf pir+c#'Cgsfsr
;$61,.140. $51,792.50
$0
' ~$1{12;933,04
11
Category !ll Irid'irect Costs
(800) Indirect Cost
"
I Rate: 11
)sum"mary
Total Labor $11,512.50 $51,792.50 $0 $63,305.00
Costs:
Total Direct $49,628.04 $0 $0 $49,628.04
Cosfs.
F
lotel liidirect
t $0
CF-IICosfs: iE7 7 F
F
Grand Total: $61,140.54 $51,792:50 $0 $112,933.04
Fund Sources:
(Percent 54.14% 45.86%, 0.00%
Share)
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant
application in eGrants.
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 9/3/2008 Page 35 of 71
114 ~6
Texas Traffic Safety eGrants
Fiscal Year 2009
Organization Name: Brazos County Attorney's Office
Legal Name: Brazos County Attorney's Office
Payee Identification Number: 17460004330038
Project Title: Brazos County Comprehensive Underage Drinking
Program
D: 2010-BrazosCA-G-MYG-Yr2-0227
Period: 10/01/2009 to 09/30/2010
Page 36 of 71
114 0
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
General Information
Project Title Brazos County Comprehensive Underage Drinking
Program
Project Description Regional underage drinking task force
How many years has your organization received funding for this project?
This will be our third year.
Project Director Name Gerald Kinard
Organization Address 300 East 26th Street
Suite 325
Bryan, TX 77803
Mailing Address
Multi Year Proposal Selection r
2009-BrazosCA-G-MYG-Yr1-0226
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 9/3/2008 Page 37 of 71
i4
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Alcohol and Other Drug Counter Measures
Select a goal:
F.x To reduce the number of DWI-related crashes where the driver is under age 21
Select a strategy:
Develop innovative ways and programs to combat underage drinking and driving
Increase enforcement of driving under the influence by minors laws
Increase the number of law enforcement task forces and coordinated enforcement
campaigns
Select a Goal:
To reduce the number of DWI-related crashes, injuries, and fatalities
Select a strategy:
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 9/3/2008 Page 38 of 71 14
r
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Problem Identification and Solution
1. Problem Identification
Over the past 20 years, alcohol-related fatal crash rates have decreased by 60
percent for driver's ages 16 to 17 years and 55 percent for driver's ages 18 to 20
years, according to a study from the Centers for Disease Control and Prevention.
Research from CDC and National Highway Traffic Safety Administration (NHTSA)
indicates that, from an enforcement standpoint, this progress can be attributed to
aggressively enforcing existing 0.08% BAC laws, minimum legal drinking age laws,
and zero tolerance laws for drivers younger than 21 years old in all states (Shults et
al. 2002, Quinlan et al. 2005).
The Texas Statewide Alcohol Program Assessment Tool completed in November,
2007 confirms that the Texas impaired driver initiative(Texas Program)has many
successful programs in place in the areas of prevention, deterrence, treatment &
rehabilitation, and program management. The Assessment Tool also found that
Texas has been successful in aggressively enforcing existing 0.08% BAC laws,
minimum legal drinking age laws, and zero tolerance laws for drivers younger than 21
years old, and that it also suspends driver's licenses for underage persons who drive
impaired - and/or in some cases simply possess alcohol.
In spite of this progress, in 2006 Texas still led the nation in the number of young
drivers killed in traffic accidents with 298 (NHTSA). Also in 2006, 25 percent of the
young drivers (15 to 20 years old) who were killed in crashes had a BAC of .08 g/dL
or higher (DOT HS 810 817). As admirable as all of the aforementioned enforcement
efforts are, their focus is still on the circumstances that occur after an underage
person consumes alcohol. Common sense dictates that underage persons cannot
drink and drive if they do not have access to alcohol.
The Assessment Tool found the Texas Program in need of improvement in the area
of Responsible Alcohol Service - more specifically, the "implementation and
enforcement of programs to eliminate the sale or service of alcoholic beverage to
those under 21 years of age". The Assessment Tool also points out that "TABC does
not have enough staff to enforce all of the alcohol regulations". Unlike DWI
enforcement, many municipal and county law enforcement agencies are reluctant to
enforce these alcohol regulations. Investigating and successfully prosecuting these
types of cases can be complex and time consuming for agencies that have no
training or experience in this area. Combine this with the fact that many medium-
sized communities like the Brazos Valley, that have universities or colleges in their
jurisdiction, are so busy dealing with the fall-out from alcohol related crime and traffic
problems that they don't have the resources to become proactive or preventive.
In 2001, alcohol-related traffic crashes totaled 391 in Brazos, Grimes, Robertson,
Madison, Washington, Leon and Burleson counties. Eight-nine (89) of the alcohol-
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 9/3/2008 Page 39 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
related traffic crashes involved persons under the age of 21.
From September 1, 2004 to August 31, 2005, there were 2137 Minor in Possession of
Alcohol citations, 203 Making Alcohol Available to a Minor citations, and 56
Administrative charges filed against licensed establishments for Sale of Alcoholic
Beverages to a Minor in the above mentioned counties. A minor's ability to purchase,
possess and consume alcoholic beverages continues to be a problem in these
communities as witnessed by the above statistics. This area has a population that is
significantly influenced by the college community where drinking and driving is
common. From January 1, 2002 to December 31, 2006, there have been 226 criminal
cases filed in Brazos County alone where a fictitious driver's license has been used
or attempted to have been used by a minor to purchase alcohol.
The two most common ways for an underage person to obtain alcohol are: someone
sells it to them or someone buys it for them. Sale to Minor cases usually fall into one
of two categories: a licensed establishment failing to do their job, or an underage
person with a fake, fictitious, or counterfeit driver's license. Making Alcohol Available
cases are usually well-intentioned people who don't understand the legal or public
safety consequences of providing the alcohol. If we can decrease the number of
fatalities by 55-60 percent with enforcement activities directed at interdicting the
underage impaired driver after they have become impaired, more proactive
enforcement can impact that number by enforcing the existing alcohol laws at the
point of sale or acquisition- before they become impaired.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, a regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
II. Project Plan
Problem Solution
Since its inception, this TXDOT funded program has been successful in deterring
underage drinking and driving by identifying underage persons who possesses and/or
consume alcoholic beverages and by identifying persons who provide alcohol to
minors. The Brazos County Attorney's Office proposes to continue these efforts and
expand the operational scope of the Regional Alcohol Task Force for FY2010. The
task force serves, and has current memorandums of understanding with, Brazos,
Burleson, Grimes, Leon, Madison, Robertson, and Washington counties. The task
force places undercover personnel and peace officers on the street and in licensed
premises to target establishments and individuals who provide alcohol to minors. It
deploys a combination of officers, undercover minors, and undercover video
operators working variable shifts during the times and days when minors are known
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 9/312008 Page 40 of 71
_tip Ji
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
to obtain alcoholic beverages.
Using civilian minors in any investigative operation can be complex and not without
risk. Task force personnel use a process of recruiting and training minor operatives
through partnerships with local schools, high school resource officers, and community
based underage drinking organizations such as the high school Zero Tolerance
programs. This is a proven process that insures a solid criminal case while keeping
the minor safe at all times.
This task force will integrate local law enforcement officers with agents of the Texas
Alcoholic Beverage Commission and enforce Texas' current underage drinking laws
at the point of alcohol sale or acquisition. Agents will conduct sale to minor stings and
making alcohol available sting operations. Agents will also conduct operations
focused on detecting fictitious driver's licenses and persons who use, sell or
manufacture them.
As the Texas Statewide Alcohol Program Assessment Tool pointed out, "local political
views determine how stringently youth impaired driving laws are enforced". Task
force personnel will develop and produce a regional task force sponsored public
service announcement to create community awareness of the dangers of underage
drinking and driving. Agents with the current Brazos County Regional Task report that
most subjects are shocked when they learn that the penalty for providing even one
sip of an alcoholic beverage to an underage person is the same as being arrested for
DWI or Deadly Conduct. Task force personnel will use these communication tools to
create a cognitive dissonance for adults who underestimate the consequences of
selling or providing alcohol to an underage person. Task force agents will also
provide technical and statistical assistance to programs like TABC's Project SAVE
and Manager awareness programs, as well successful community groups in the
region that focus on underage drinking and driving - such as Carpool, High School
Zero Tolerance Programs, and DARE.
Texas has made progress in reducing impaired driving, but the ability for underage
persons to obtain alcohol is still under-addressed. States like Virginia have
implemented enforcement oriented underage drinking programs with great success.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, this regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
By targeting underage drinking and driving at the point of sale/acquisition, this
program will continue to decrease the number of alcohol related crashes by persons
under 21 by:
1. Deterring licensed establishments, their employees, and other persons from
selling, serving, or making alcohol available to minors.
2. Identifying and filing criminal charges on minors who possess alcohol or
zulu-tirazosc;A-V-MYG-Yr2-0227 Printed On: 9/3/2008 Page 41 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
fictitious/counterfeit identification.
3. Identifying and prosecuting persons who manufacture or possess with the intent to
sell fictitious/counterfeit identification to underage persons.
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 9/3/2008 Page 42 of 71
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Budget Summary
Bu'cgef Cafegary~ ~M TxD®T Match Prograrii'lncome Total "
(100) Salaries: $9,210.00. $41,434.00
- $50644:00-
.
Fringe
(200) $2,763.00 $12,430.20 l $15,193 20
Benefits: i
Sub-Total $11,973.0011 $53,864.20~~ $0~ $65,837.20
Category 11 Other Direct Cosfs
(300) Travel: $588.04 $588.04
(400 Equipment:
(500) Supplies: $900.00 90 00
Contractual
(600) $25,720.00 $25,720 00
Services: _
O(700) Other Miscellaneous:$22,42Q 00 $22,420.00
Sub-Total; $49,628.04 $0 $0 $49,628'0,
TofalDirect Costs 3 :i
$01,60,1:04
f ' $53,864.20
$0
,$115,465.24
Category III - Indirect Casts
(800) Indirect Cost
Rate: $0
Summary
Total Labor $11,973.00 F $53,864.20 $0 $65,83710
Costs: ,
Total Direct $49,628.04 7$0 $0 $49,628.04
Costs.
E , E-
T'tal Indirect'' $0
Costs:
F] I r I
Grand Total'$61,601.04 $53,864.29 $0 ' $115,465.24
Fund Sources:
.(Percent 53.35% 46.65% 0.00%
Share)
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant
application in eGrants.
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 9/3/2008
Page 53 of 71
Texas Traffic Safety eGrants
Fiscal Year 2009
Organization Name: Brazos County Attorney's Office
Legal Name: Brazos County Attorney's Office
Payee Identification Number: 17460004330038
Project Title: Brazos County Comprehensive Underage
Drinking Program
D : 2011-B razos CA-G-MYG-Yr3-0228
Period: 10/01/2010 to 09/30/2011
Page 54 of 71
114 ss
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
General Information
Project Title Brazos County Comprehensive Underage Drinking
Program
Project Description Regional Underage Drinking Task Force
How many years has your organization received funding for this project?
This will be our fourth year.
Project Director Name
Organization Address
Gerald Kinard
300 East 26th Street
Suite 325
Bryan, TX 77803
Mailing Address
Multi Year Proposal Selection
2009-BrazosCA-G-MYG-Yr1-0226
2011 -B razosCA-G-MYG-Yr3-0228 Printed On: 9/3/2008 Page 55 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Alcohol and Other Drug Counter Measures
Select a goal:
F To reduce the number of DWI-related crashes where the driver is under age 21
Select a strategy:
Develop innovative ways and programs to combat underage drinking and driving
Increase enforcement of driving under the influence by minors laws
Increase the number of law enforcement task forces and coordinated enforcement campaigns
Select a Goal:
To reduce the number of DWI-related crashes, injuries, and fatalities
Select a strategy:
2011-BrazosCA-G-MY&M-0228 Printed On: 9/3/2008 Page 56 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Problem Identification and Solution
1. Problem Identification
Over the past 20 years, alcohol-related fatal crash rates have decreased by 60
percent for driver's ages 16 to 17 years and 55 percent for driver's ages 18 to 20
years, according to a study from the Centers for Disease Control and Prevention.
Research from CDC and National Highway Traffic Safety Administration (NHTSA)
indicates that, from an enforcement standpoint, this progress can be attributed to
aggressively enforcing existing 0.08% BAC laws, minimum legal drinking age laws,
and zero tolerance laws for drivers younger than 21 years old in all states (Shults et
al. 2002, Quinlan et al. 2005).
The Texas Statewide Alcohol Program Assessment Tool completed in November,
2007 confirms that the Texas impaired driver initiative(Texas Program)has many
successful programs in place in the areas of prevention, deterrence, treatment &
rehabilitation, and program management. The Assessment Tool also found that
Texas has been successful in aggressively enforcing existing 0.08% BAC laws,
minimum legal drinking age laws, and zero tolerance laws for drivers younger than 21
years old, and that it also suspends driver's licenses for underage persons who drive
impaired - and/or in some cases simply possess alcohol.
In spite of this progress, in 2006 Texas still led the nation in the number of young
drivers killed in traffic accidents with 298 (NHTSA). Also in 2006, 25 percent of the
young drivers (15 to 20 years old) who were killed in crashes had a BAC of .08 g/dL
or higher (DOT HS 810 817). As admirable as all of the aforementioned enforcement
efforts are, their focus is still on the circumstances that occur after an underage
person consumes alcohol. Common sense dictates that underage persons cannot
drink and drive if they do not have access to alcohol.
The Assessment Tool found the Texas Program in need of improvement in the area
of Responsible Alcohol Service - more specifically, the "implementation and
enforcement of programs to eliminate the sale or service of alcoholic beverage to
those under 21 years of age". The Assessment Tool also points out that "TABC does
not have enough staff to enforce all of the alcohol regulations". Unlike DWI
enforcement, many municipal and county law enforcement agencies are reluctant to
enforce these alcohol regulations. Investigating and successfully prosecuting these
types of cases can be complex and time consuming for agencies that have no
training or experience in this area. Combine this with the fact that many medium-
sized communities like the Brazos Valley, that have universities or colleges in their
jurisdiction, are so busy dealing with the fall-out from alcohol related crime and traffic
problems that they don't have the resources to become proactive or preventive.
In 2001, alcohol-related traffic crashes totaled 391 in Brazos, Grimes, Robertson,
Madison, Washington, Leon and Burleson counties. Eight-nine (89) of the alcohol-
2011-BrazosCA-G-MYG-M-0228 Printed On: 9/3/2008 Page 57 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
related traffic crashes involved persons under the age of 21
From September 1, 2004 to August 31, 2005, there were 2137 Minor in Possession of
Alcohol citations, 203 Making Alcohol Available to a Minor citations, and 56
Administrative charges filed against licensed establishments for Sale of Alcoholic
Beverages to a Minor in the above mentioned counties. A minor's ability to purchase,
possess and consume alcoholic beverages continues to be a problem in these
communities as witnessed by the above statistics. This area has a population that is
significantly influenced by the college community where drinking and driving is
common. From January 1, 2002 to December 31, 2006, there have been 226 criminal
cases filed in Brazos County alone where a fictitious driver's license has been used
or attempted to have been used by a minor to purchase alcohol.
The two most common ways for an underage person to obtain alcohol are: someone
sells it to them or someone buys it for them. Sale to Minor cases usually fall into one
of two categories: a licensed establishment failing to do their job, or an underage
person with a fake, fictitious, or counterfeit driver's license. Making Alcohol Available
cases are usually well-intentioned people who don't understand the legal or public
safety consequences of providing the alcohol. If we can decrease the number of
fatalities by 55-60 percent with enforcement activities directed at interdicting the
underage impaired driver after they have become impaired, more proactive
enforcement can impact that number by enforcing the existing alcohol laws at the
point of sale or acquisition- before they become impaired.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, a regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
II. Project Plan
Problem Solution
Since its inception, this TXDOT funded program has been successful in deterring
underage drinking and driving by identifying underage persons who possesses and/or
consume alcoholic beverages and by identifying persons who provide alcohol to
minors. The Brazos County Attorney's Office proposes to continue these efforts and
expand the operational scope of the Regional Alcohol Task Force for FY2011. The
task force serves, and has current memorandums of understanding with, Brazos,
Burleson, Grimes, Leon, Madison, Robertson, and Washington counties. The task
force places undercover personnel and peace officers on the street and in licensed
premises to target establishments and individuals who provide alcohol to minors. It
deploys a combination of officers, undercover minors, and undercover video
operators working variable shifts during the times and days when minors are known
Y
2011 -B razosCA-G-MYG-W-0228 Printed On: 9/3/2008 Page 58 of 71
U9 A9
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
to obtain alcoholic beverages.
Using civilian minors in any investigative operation can be complex and not without
risk. Task force personnel use a process of recruiting and training minor operatives
through partnerships with local schools, high school resource officers, and community
based underage drinking organizations such as the high school Zero Tolerance
programs. This is a proven process that insures a solid criminal case while keeping
the minor safe at all times.
This task force will integrate local law enforcement officers with agents of the Texas
Alcoholic Beverage Commission and enforce Texas' current underage drinking laws
at the point of alcohol sale or acquisition. Agents will conduct sale to minor stings and
making alcohol available sting operations. Agents will also conduct operations
focused on detecting fictitious driver's licenses and persons who use, sell or
manufacture them.
As the Texas Statewide Alcohol Program Assessment Tool pointed out, "local political
views determine how stringently youth impaired driving laws are enforced". Task
force personnel will develop and produce a regional task force sponsored public
service announcement to create community awareness of the dangers of underage
drinking and driving. Agents with the current Brazos County Regional Task report that
most subjects are shocked when they learn that the penalty for providing even one
sip of an alcoholic beverage to an underage person is the same as being arrested for
DWI or Deadly Conduct. Task force personnel will use these communication tools to
create a cognitive dissonance for adults who underestimate the consequences of
selling or providing alcohol to an underage person. Task force agents will also
provide technical and statistical assistance to programs like TABC's Project SAVE
and Manager awareness programs, as well successful community groups in the
region that focus on underage drinking and driving - such as Carpool, High School
Zero Tolerance Programs, and DARE.
Texas has made progress in reducing impaired driving, but the ability for underage
persons to obtain alcohol is still under-addressed. States like Virginia have
implemented enforcement oriented underage drinking programs with great success.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, this regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
By targeting underage drinking and driving at the point of sale/acquisition, this
program will continue to decrease the number of alcohol related crashes by persons
under 21 by:
1. Deterring licensed establishments, their employees, and other persons from
selling, serving, or making alcohol available to minors.
2. Identifying and filing criminal charges on minors who possess alcohol or
2011-BrazosCA-G-MYG-Yr3-0228 Printed On: 9/3/2008 Page 59 of 71
114 - q0
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
fictitious/counterfeit identification.
3. Identifying and prosecuting persons who manufacture or possess with the intent to
sell fictitious/counterfeit identification to underage persons.
2011-BrazosCA-G-MYG-M-0228 Printed On: 9/3/2008 Page 60 of 71
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Budget Summary
"B d et q egory ; TzDQ Match Program Incoiile Total
Catagory I Labor Costs
(100) Salaries: $9,210.00 $41,434.00 $50 644.00
Ell Fringe 15;193:20
$2763.00 $12,430.20 20 $ .
Benefits:
$11;973.00 $53,864:20 7 $65,837:20
Category II -,Other bisect Cost's
(300) Travel: $588.04 $588.0
0
(400) Equi ment: $
~QO Q
$900.00
,.„.]Contractual 1 $25.720
$5,720,00
services:
Other
L $22 420.00
us:
s:
El00)l Miscellaneo
)
$22,420 00`
49 ~~~_n4
1: 7
L~iSub T6F ` ~j_ ~4a,o~o vim? w a
c'.. y 4 {ti 1'~~z$61,601'04
)bMRf,8642Q
p. • $53
Categorylll Indirect Casts
Indirect Cost $0
(800) ate:
R
Summary
Total Labor =11,97~ $53,864.20 $0 $65,837.20
Costs
Total Direct - $49 628.04 ]s6 $0 $49 628,04
Costs:
F
Total iridir66i'
77
Costs:
Gra6d Total:- $61,601.04 $53,861.20 $0$115;465.24
Fund Sources:
(Percent 53.35%, 46.65% 0.00%,
Share)
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant
application in eGrants.
2011-13 razosCA-G-MYG-Yr3-0228 Printed On: 9/3/2008
Page 71 of 71
11q l D.
ENTERSECT Online User Agreement
Agency Marne: Brazos County Sheriffs Office TX
First Name: Randy
Last Name: Sims
E N T E R S E C T Agency Address: 200 South Texas Avenue, Suite 332
2700 N. Main St
Suite 535 City. Bryan State: TX
Santa Ana, California Zip Code: 77803
92705 Telephone Number: 979-3614102
Fax Number. 979-3614503
www.entersect.net
Email Address: kelliott@co.brazos.br-us_(Kenny Elliott s Email)
Phone Agency Type. law enforcement
866 / 744-6438 Number of user codes needed: ONE
Fax (Please use the `Multiple User Form' to designate each login and password)
714/ 564-9057 Payment Method:
ci Credit Card - Please complete credit card payment form
X Invoicing
Billing Contact: Helen Cook
Billing Contact telephone number. 979-361-4992
Billing Contac
Signature:
Date:
Please complete the above requested information along with the signed
Agreement Terms and fax to:
Fax: 714-564-9057
-Or-
Mail: Entersect
2700 N. Main St.
Suite 535
Santa Ana, CA 92705
IN 103
Service Agreement Terms
This agreement is entered into between Certifion Corporation and the entity first set forth on the reverse hereof CNew
User) in Santa Ana, CA Agreed to terms and conditions as follows:
1. SERVICE
Entersect online provides nationwide public record information and related ('Services') using its proprietary databases and information obtained
from third parties ('Third Parties'). This information is delivered through EntersectTM via the intereet. User hereby subscribes to Services for use as a
factor in making business decisions and agrees to pay Entersect Online the applicable rates and charges set forth in Paragraph 3 below.
2. PERFORMANCE
Entersect Online will use its best efforts to deliver Services requested by User in an epeditious and efficient manner and to regularly access,
update, augment, and maintain its compilation of information gathered from selected public records and other sources used in the provision of
Services hereunder. User accepts all information AS IS.
3. CHARGES TO USER (Initial Selected Term)
Monthly Agreement - User agrees to pay $79 per user, per month for unlimited access to the EPO (Ertersect Police Online)
product. Unless otherwise specified, either party may cancel this agreement by providing 30 day written notice.
Annual Agreement - (Paid Monthly) User agrees to pay $75 per user, per month for unlimited access to the EPO (Entersect Police
Online) product for 12 months.
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the EPO (Entersect Ponce Online) product for 12 months.
Annual Agreement with EPO Pro- (Paid Annually) User agrees to pay $1,259.40 per user, annually, for unlimited access to the
EPO (Entersect Police Online) & EPO Pro products for 12 months.
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5. NEGATION OF LIABILITYMARRANTY
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upon invoice. If payments are past due more than thirty (30) days from the date of invoice, Enlersect Online may interrupt service. User is
responsible for all collection costs and attorney fees incurred by Entersect Online through its efforts to collect on balance(s) owed by User.
8. COMPLIANCE WITH LAWS
User shall not use Service in violation of any federal, state, or local laws, inducing the Fair Credit Reporting Act (15 U.S.CA.1681 et. seq.) 'FCRA'.
User certifies that it will not use any information obtained through Service as a factor in establishing a consumers eligibility for credit granting,
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claims, demands, losses, and liabilities (inducing actual attorneys' fees) arising from or in any way related to use of information by User (or any third
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Provisions hereof related to release of claims, indemnification, use of information, and data, payment for Services and disclaimer of warranties shall
survive any termination of this Agreement.
10. USER RESTRICTIONS
User is being provided access codes assigned to a given user and their respective agency. Neither the assigned access codes nor'of8ine content
may be provided to any other agency nor its' representative without first securing permission from Entersect Online. OAfine content is defined as
providing another agency or its' representative (who has no written agreement with Entersect Online) with content from the Service provided by
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agency to Entersect Online for prompt assistance.
❑ 1 would like to add Identi-Shield to my account and understand that I will be charged $&95 per connected
call. Calls that do not result in a connection to either an individual or voicernail will not be billed to the
customer.
❑ 1 would like to upgrade to EPO Pro and understand that I will be charged only $29.95 more per month.
SERVICE
SIGNATURE:
PRINT
~f_)j f.~_
Multiple User Identification
(each name will require individual access code)
Name Phone Email
Kenn Elliott 979-361-4942 kelliott co.brazos.tx.us
0 (Doe
SO UTHWESTSOLUTION SGROUP
business organization systems
Ms. Helen Cook
BRAZOS COUNTY SHERIFFS OFFICE
1700 Highway 21 West
Bryan, TX 77803
Re: Spacesaver System
Dear Helen
SOUTHWEST SOLUTIONS GROUP
SCHEDULED MAINTENANCE & SERVICE PROGRAM for your SPACESAVER
SYSTEM
Services to be performed by SSG authorized factory-trained personnel.
Inspection & Testing of,
Electric Systems
Mechanical Assist Systems / Manual Systems
* Safety Features
* Electrical Wiring & Switches
* Mechanical & Logical Controls
* Anti-Tip Devices
* Carriage Limit Switches
* Floor & Overall Operation
* Ease of Movement
* Anti-Roll Locking Pin
* Turn-Handle Assembly
* Tension of chain on turn handle drive
* Mechanical Safety Features & Controls
* Shelving Anchors
* Ease of Movement
* Loose Hardware & Fasteners
Lubrication & Adjustment of: (All Systems)
* All Moving Parts, Chains & Rails
* Limit Switches
General Maintenance & Cleaning of:
* Floor & Tracks
* Face Panels & Controls
Inspection Report:
* Communication of inspection findings to the customer
Scheduled Maintenance services will be performed on a scheduled on a basis of 1 per
year. Covers all service calls thru out the effective dates of agreement.
~ i~f ; X07
PROPOSAL PAGE (Page 2 of 4)
Submitted to:
Name BRAZOS COUNTY SHERIFFS OFFICE
Contact
Helen Cook
Address
1700 Highway 21 West
City, State, Zip
Bryan, TX 77803
Department:
Evidence
Email:
hcook@co.brazos.tx.us
Phone
[1] 979-361-4992
Fax:
[1]979-822-7887
We propose to furnish the materials and perform the labor necessary for the completion of the
Scheduled Maintenance & Service Program on System(s):
Model: Powered 5 carr. 432-7-6668 ack 370182 Location: Evidence
Platinum (Scheduled Maintenance and Labor Prosram)
* Two Scheduled service inspection per year at no charge.
* Covers 100% of all Labor Service charges for repairs.
* Additional investment required for repairs performed outside of normal business hours.
Annual Investment to insure the safety of your equipment: $1,338.46
To schedule service please call Paul Stanko at 800-803-1083 ext 2278 or via email
PStanko@southwestsolutions.com. You can also request service from our website,
www.southwestsolutions.com by clicking on the "request service" link at the top of the page.
. ~Ilq ) bg
Other Notes (Page 3 of 4)
1) Scheduled Maintenance, service and repair calls are only provided during normal
work hours, Monday duu Friday, 8 a.m. to 5 p.m. This excludes Saturday,
Sunday, and company holidays. Southwest Solutions Group may agree upon
optional abnormal hours and days with additional costs per note #1 above.
2) NOTE: Program does not cover repair caused by act of God, vandalism or
misuse.
3) Replacement Parts: Southwest Solutions Group does not assume the
responsibility for delays or failure to furnish parts or service when the inability to
furnish same is caused by acts of God or government, labor difficulties, failure of
transportation, misuse of equipment, or operational errors and causes beyond the
control of Southwest Solutions Group. Components of the equipment or system
purchased from or installed by others than Southwest Solutions Group will be
excluded from this agreement.
4) Note: Invoice will follow with the terms Due upon Receipt, or BRAZOS
COUNTY SHERIFFS OFFICE can provide a VISA, Master Card or American
Express expiration date, and full name on card for payment.
• It is suggested that to maintain your system, you perform certain routine
periodic housekeeping duties outlined at the time of installation of the
System.
• The customer is responsible for foreign matter and debris that falls into
areas that may hinder or damage and result in equipment failure.
• The customer agrees to give reasonable notice to Southwest Solutions
Group for normal hours servicing.
• if equipment, under the Agreement, is
without Southwest Solutions Group's
become null and void without refund.
moved, transported or tampered
supervision, this Agreement will
a9
ACCEPTANCE PAGE FOR SPACESAVER SERVICE AGREEMENT
(page 4 of 4)
BRAZOS COUNTY SHERIFFS OFFICE 432-7-6668 Evidence
Program effective dates: 10/1/2008 thru 9/30/2009
Annual Scheduled Maintenance & Labor Prorram $1338.46
Two scheduled PM at no charge * Covers 100% Labor & Parts charges for service calls
When accepted please authorize below and return a copy to Southwest Solutions Group
via fax (888) 980-8177 to the agention of IOM WINDBAM, retain original for your
records.
Accepted by:
Date:
Title: [ -D L LV 1` 2jZ y t~LAq Qi
BillTo Address: I~r 0.Z O S &o n
~-j Shea -~4's i r e.
Attention: Accounts Payable Purchase Order # if appropriate:
4 7? ?0 3
city, state, Zip: floc H W c(, al Wp s ~ 61!-
If paying by VISA, Master Card or American Express:
C/C
Expiration Date:
Full Name On Card:
Southwest Solutions Group would like to thank you for the opportunity to serve you and
our team looks forward to serving you in other areas, please visit our website at
www.southwestsolutions.com for more products & services.
Sincerely,
Kim Windham
972-331-8880 or 888-241-7494 direct
972-250-2229 or 888-980-8177 fax
kwindham @ southwestsolu lions. com
Dallas OkMa na City Houston
Austin
4355 B(W Pkwy 7718 N. Rubinson Ave 6105 Brittrnom: Rd
600 Round Rods W. Dr.
Ste 300 Suite A21 Houston, TX 77041
Ste 604
Addison, TX 75001 Oldahoma City, OK 73116 (713) 467-0454
Austin, TX 78681
(972) 250-1970 (405) 879-3448 (713) 467.4484 fax
(512)336-1328
(972) 250-2229 tax (405) 879-3770 fax
(512) 336-1358 tax
San Antonio
5123 N. Loop 1604 W.,
Suite 100
San Antonio, TX 78249
(210) 5511-6988
(210) 691-2238 fax
~ I~{ 1Ib
m
pacesaver
S0
September 10, 2008
To Whom It May Concern:
Re: Spacesaver Corporation Representation
Southwest Solutions Group, Inc. is the exclusive Spacesaver Corporation Area
Contractor in the eastern, central and southern Texas area, as well as in all of
Oklahoma and southern Kansas.
Southwest Solutions Group, Inc. has been our area contractor in Texas for over ten
years and we are pleased to have this firm assume the representation of Spacesaver in
Oklahoma and southern Kansas as well. Their staff is available locally to address your
product and service needs. Southwest Solutions Group is the only certified and
authorized distributor for sales applications, installation, service and warranty of
Spacesaver products and services in the area.
If you have any questions regarding this letter, please contact either Ray Streight or
myself.
Best regards,
Paul S. Olsen
President
Spacesaver Corporation
920-563-0700
polsen spacesaver.com
cc: Ray Streight, Southwest Solutions Group, Inc., 972-250-1970,
rstreightPsouthwestsolutions.com
A~ PSO:roc
V
1450 Janesville Avenue, Fort Atkinson, Wisconsin 53538-2798 Tel 920-563-6362 Fax 920-563-2702 www.spacesaver.com
._.41q I I I
RATIFIED:
Randy SirrX, County Judge date
BRAZOSCOUNTY
BRYAN, TEXAS
ORDER NO. 08-014
STATE OF EMERGENCY
WHEREAS, Brazos County on this 16th day of September, 2008 faces extensive
financial damages from emergency shelter operations as well as physical damages from high
winds and heavy rainfall associated with "Hurricane Ike;" and
WHEREAS, the County Judge for Brazos County has determined that extraordinary
measures must be taken to alleviate the suffering of people and to protect or rehabilitate
property;
NOW, THEREFORE, BE IT ORDERED BY RANDY SIMS, COUNTY JUDGE
FOR BRAZOS COUNTY:
1. That a local State of Emergency is hereby declared for Brazos County pursuant to
Chapter 418 of the Texas Government Code.
2. Pursuant to Chapter 418 of the Government Code, the state of emergency shall
continue for a period of not more than seven (7) days from the date of this declaration
unless continued or renewed by the County Judge for Brazos County.
3. Pursuant to Chapter 418 of the Government Code, this declaration of a local state of
emergency shall be given prompt and general publicity and shall be filed promptly
with the County Clerk.
4. Pursuant to Chapter 418 of the Government Code, this declaration of a local state of
emergency activates the emergency management plan.
5. That this order shall take effect immediately from and after its issuance.
ADOPTED this the 16th day of September, 2008.
Sims, County Judge
ATTEST:
Karen McQueen, County Clerk
Office of the County Judge 9 200 South Texas Ave. Suite 332 Bryan, Texas 77803 • Fax: (979) 361-4503
=i-, - 1A Document G101 - 2001
T A
Change Order
PROJECT (Name and address):
CHANGE ORDER NUMBER: 001
OWNER:
Brazos County Juvenille Justice Center
DATE: August 19, 2008
ARCHITECT: ❑
1904 Hwy 21 W
Bryan, Texas 77803
CONTRACTOR: ❑
TO CONTRACTOR (Name and address):
ARCHITECT'S PROJECT NUMBER:
FIELD: ❑
Greenway Constructors, Inc.
CONTRACT DATE: July 14, 2008
OTHER: ❑
P.O. Box 11184
CONTRACT FOR: General Construction
College Station, Texas 77842-1184
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives)
The original Contract Sum was $ 133,900.00
The net change by previously authorized Change Orders $ 0.00
The Contract Sum prior to this Change Order was $ 133,900.00
The Contract Sum will be increased by this Change Order in the amount of $ 10,384.00
The new Contract Sum including this Change Order will be $ 144,284.00
The Contract Time will be increased by Ten ( 10 ) days.
The date of Substantial Completion as of the date of this Change Order therefore is 70 days from date of permanent power.
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which
have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
ARCHITECT (Firm name)
ADDRESS
BY (Signature)
(Typed name)
Greenway Constructors, Inc. Brazos County
CONTRACTOR (Firm name) OWNER (First name)
P.O. Box 1184, CS, Tx 77842-1184
ADD
BY (Sig re)
Stephen P. Byrne, President
(Typed)
P T1 /D,5
300 Eas St, B , Tx /7803
ADD
BY (Signature
County Ju a Randy Sims
(Typed name)
DATE
DATE
DATE
AIA Document G701 TM - 2001. Copyright 01979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA°
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was produced by AIA software at 05:59:35 on 08119/2008 under Order No.1000358556_1 which expires on 6212009, and is not for resale.
User Notes: q FA~E 113 (1987888748)
MCCREARY, VE SELKA, B RAGG & ALLEN, P.C.
CONTRACT FOR THE COLLECTION OF
DELINQUENT PROPERTY TAXES
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
THIS CONTRACT is made and entered into by and between The County of Brazos,
Texas (The County), acting herein by and through its governing body, and McCreary,
Veselka, Bragg and Allen, P.C. (The Firm), 700 Jeffrey Way, Suite 100, P.O. Box 1269,
Round Rock, Texas 78680.
1.
The County agrees to employ and does hereby employ MVBA to enforce by lawsuit or
otherwise the collection of all delinquent taxes, penalty and interest owing to all of the taxing
units for which The County collects property taxes except the Bryan ISD. Current year taxes
which become delinquent within the period of this Contract shall become subject to the terms of
this Contract upon the following conditions:
A. Taxes on real property that become delinquent during the term of this Contract, that
are not delinquent for any prior years, become subject to the terms of this Contract on
July 1" of the year in which they become delinquent.
B. Taxes on tangible personal property that becomes delinquent during the term of this
Contract become subject to the terms of this Contract if not paid within sixty days of
the date on which the taxes become delinquent.
C. Not withstanding A and B above, taxes on tangible personal property and real
property that become delinquent during the term of this Contract that are also
delinquent for prior tax years and is the subject of a lawsuit to collect the prior years
delinquent taxes, shall become subject to its terms on the first day of delinquency as
defined by the Texas Property Tax Code.
II.
The County agrees to furnish all necessary delinquent tax information to The Firm on all
property within the boundaries of The County. The County shall provide The Firm a computer
file of all delinquent taxes each quarter of the year. The County hereby authorizes The Firm to
determine the name, identity and location of necessary parties and to procure necessary legal
descriptions of property and hereby assigns to The Firm the right to recover the costs of
obtaining such information.
www.mvbalaw.com L) I q 1 I T Page 1 of 4
III.
The Firm agrees to mail the tax notices required by Sections 33.07, 33.08, and 33.11 of
the Texas Property Tax Code at no charge provided that The County timely furnishes
electronically the delinquent tax information to The Firm.
IV.
The County shall provide Office Space in the County Tax Office to accommodate two (2)
employees of The Firm and system access for The Firm's two (2) computer terminals and a
printer.
V.
The Firm is to advise The County of errors, double assessments or other discrepancies
coming under observation during the progress of the work.
VI.
The Firm is to intervene on behalf of The County in all suits for ad valorem taxes
hereafter filed by any other taxing unit on property located within its boundaries.
VII.
The Firm agrees to make written delinquent tax collection progress reports to
The County quarterly or upon request.
VIII.
The annual goal for total delinquent collection of the outstanding balance as of
September 1 for each of the four taxing jurisdictions is established: for Brazos County a
collection goal of thirty-nine percent (39%), City of Bryan a collection goal of thirty-seven
percent (37%), City of College Station a collection goal of forty-seven percent (47%) and
College Station Independent School District a collection goal of forty-eight (48%). The
percentage collection goal shall be calculated using September 1 Delinquent Balance as
compared to the following August 31 Delinquent Balance. The data used will be that shown on
the monthly reports of the Brazos County Tax Office. If a goal is not met or exceeded, The
Firm shall pay a penalty to The County in the amount of six thousand ($6,000), the City of
Bryan in the amount of four thousand ($4,000), the City of College Station in the amount of two
thousand five hundred ($2,500) or to the College Station Independent School District in the
amount of nine thousand ($9,000).
www.mvbalaw.com I) r - )is Page 2 of 4
IX.
The County agrees to pay The Firm, for services rendered, fifteen percent (15%) of all
delinquent taxes, penalty and interest collected by The County for itself and all the taxing units
for which it collects except for the Bryan Independent School District, for years covered by this
contract. The penalty imposed pursuant to Sections 33.07, 33.08, and 33.11 of the Property Tax
Code is not subject to this contractual fee. The County shall pay fees due The Firm monthly by
check.
X.
The Firm agrees to include with its tax lien foreclosures, upon request, for the Cities of
Bryan and College Station, any other city liens which are assessed against the same properties.
An additional title research fee of twenty-five dollars ($25.00) shall be charged against these
properties to be collected as court costs and paid to The Firm.
XI.
The Firm agrees to pay in the month of July all the taxes, penalties and interest on those
accounts on which the total due is one dollar ($1.00) or less.
MI.
The Firm shall represent the College Station ISD in any necessary appeal of the annual
Property Value Study conducted by the Texas Controller of Public Accounts at no cost to the
school district.
XIII.
The Firm shall and does hereby agree to indemnify and hold harmless The County, its
officers and employees, from any and all damages, loss, or liability of any kind whatsoever, by
reason of injury to property or third persons occasioned by any error, omission or negligent act
of The Firm, its officers, agents, employees, invitees, and other persons for whom it is legally
liable, with regard to the performance of this Contract, and The Firm will, at its cost and
expense, defend and protect The County against any and all such claims and demands.
www.mvbalaw.com Page 3 of 4
Tip} 11~
XIV.
This contract is drawn to cover a period beginning October 1, 2008, and ending September
30, 2010, with an option for The County to renew for two additional years. During and
following the contract period each party shall have the right to terminate this contract by giving
at least thirty (30) days written notice of such intention. If no contract is in effect at the end of a
two year term this contract will continue until terminated by either party giving at least thirty
(30) days written notice; provided however, that The Firm shall have an additional six (6)
months to reduce to judgment and sale all tax collection lawsuits filed and collect all bankruptcy
claims filed prior to the date of termination and shall have the exclusive right to compensation of
fees earned due to these suits during this six (6) month period. In consideration of the terms and
compensation herein stated, The Firm hereby accepts said employment and undertakes the
performance of this contract as above written.
Xv.
The Firm fully incorporates into this contract all terms and conditions presented to
The County in its "Proposal for the Collection of Delinquent Property Taxes" on May 25, 2006.
XVI.
This contract is executed on behalf of The County by the presiding officer of its
governing body who is authorized to execute this instrument by order heretofore passed and duly
recorded in its minutes.
TNESS the signatures of all parties hereto in duplicate originals this the o2.3/'Li"tlay
of , A.D. 2008, Brazos County, Texas.
THE COUT`
BY
McCREARY, VESELKA, BRAGG & ALLEN, P.C.
Attorneys at Law
700 Jeffrey Way, Suite 100
P.O. Box 1269
Round Rock, Texas 78680
800-369-9000
BY Shelburne J. Veselka
www.mvbalaw.com Page 4 of 4 I I q I 1 -7
Sep.22. 2008 4:24PM EAGLE ADVERTISING No.6391 P. 2
The Ea'gle
CONTRACT FOR MUNICIPAL ADVERTISING
Date: September 1 2008
To earn a reduced rate on municipal display advertising published in The Eagle, the undersigned Advertising hereby agrees to
purchase space in The Eagle and to abide by all terms and conditions of this Contract.
Starting Date: September 1. 2008
Length of Contract: Twelve Months
Expiration Date: August 31, 2009
Rate: Daily: $ $12.95 inch. Sunday/ Holiday: $13.65 inch
In the proposed system, the City will be guaranteed a set price per inch for the contract period without regard to the number of
inches run each month, nor will there be a minimum number of inches required,
This contract is based on nine column format. Ads running in retail on six column format would be converted to nine column
equivalents and the rate applied (as noted above).
A carrying charge of 1% per month will be charged on all accounts not paid in full by the 15'h day of the month following
advertising insertion. The Advertiser also covenants to pay all costs incurred by The Eagle enforcing this Contract, including
collection and attorney's fees (up to 50% of the amount in default) should the Advertiser default in payment.
For value received, Advertiser assigns to The Eagle all right, title and interest to all layouts of advertisements placed with The
Eagle which represent the creative effort of the newspaper and/or utilization of its own illustrations, labor, composition or material.
Advertiser understands that because of said assignment, he cannot authorize photographic or other reproduction of any such
advertising layout appearing in The Eagle in any other publication without the express written consent of The Eagle.
It is further understood that this assignment does not preclude Advertiser from supplying to other publications similar or identical
material or information for production of advertisements by such publications or from suggesting the content or form of such
advertisements.
If disaster, work stoppage, newsprint rationing, or other emergency shall cause publishing difficulties, the Publisher shall have the
right to revise this Contract so as to prorate the available space on an equitable basis.
(Please print or type this section)
ADVERTISER: Br z s County ACCT: 01100513
Address: 200 S. TzOas Av . ite 2 an 77803
Signed by: Title: County Judge For The Eagle
Lori Burns / Laura Woo
(a*ovr Von Lee, Director of Sales & Marketing
1729 $tnarctest P.Q. Box 3000 Bryan. Texas 77805 (97 2) 776-4444
(date of approval)
• wuw.theeagle.com
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