Loading...
HomeMy WebLinkAbout2008-12-02-9:00AM-REGULARS'S PT E_ O F T TY OF $4 BRAZOS COi7NTY ��a �� —>P� „� BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BR A7.OS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 2 DECEMBER 2008 AT 9 =00 A_M_ IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_ 1 _ Invocation and Pledge of Allegiance — Commissioner Wassermann. 2_ Call for citizen's input and/or concerns_ Consider and take action on agenda items 3 — 13: 3_ Budget Amendment 08/09 -9.1 thru 9.3. 4_ Personnel Change of Status_ 5. Payment of Claims_ 6_ Asset Forfeiture Report for Fiscal Year 2008 as submitt ed by the Brazos County District Attorney; reporting period is 9/01/07 — 8/31/08_ 7. 2008 notice of sub - recipient award and agreement for the Homeland Security Grant Program of the Governor's Division o£ Emergency Management_ 8_ Permission to award RFQ 2008 -036, Architectural Services for Brazos County Courthouse Renovation, to Patterson Architects. 9_ Permission to award RFP 2009 -016, Network Cabling Parts, to Anixter; this RFP is from 1 December 2008 through 30 November 2009_ Office of the County Judge - 200 South Texas Ave. � Suite 332 - Bryan, Texas 77803 - Fax: (979) 361 -4503 VOL� PAGE / Commissioners Court Agenda 2 December 2008 Page 2 10. Commissioners Court minutes for the following 2008 date: a. 12 -15 August Budget Workshop. 11. Renewal of Stop Loss Coverage with MedEx, with approval of the following documents: a. Acceptance Letter b. Application c. Compensation Disclosure d. Certification of Authority e. Third Party Administrator Agreement. 12. Required form (8038 -T) for the Arbitrage rebate and yield reduction payment for the County's Limited Tax General Obligation Bonds and Certificates of Obligation, Series 2005. 13. Payment authorization in the amount of $98,864.11 to the Internal Revenue Service, United States Treasury for the arbitrage rebate and yield reduction payments for the County's Limited Tax General Obligation Bonds and Certificates of Obligation, Series 2005. 14. Acknowledgement of the Investment Report for the quarter ending 9/30/08. 15. Acknowledgement of the Monthly Reports submitted in November 2008. These reports are available for review in the County Judge's Office. 16. Announcement of interest items and possible future agenda topics. 17. Call for citizen input and/or concerns. 18. Agency / Board / Committee reports by Court members. 19. 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) 3614102. vot, I rl PAGE_ COMMISSIONERS' COURT REGULAR MEETING DECEMBER 2, 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, December 2, 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, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Wassermann gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #08/09 -9.1 through 9.3 that would reallocate funds for Emergency Management (2), Tax Office. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendments as submitted. A copy of each Vol Page 3 Commissioners Court meeting December 2, 2008 amendment is attached. K The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7056766 through 7056955 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the Asset Forfeiture Report for Fiscal Year 2008 as submitted by the Brazos County District Attorney for the reporting period of September 1, 2007 through August 31, 2008. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the report. The Court next considered acceptance of a sub -grant for the Fiscal Year 2008 Homeland Security Grant Program to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, and response capabilities. On motion by Commissioner Peters, Vol III Page 4 Commissioners Court meeting December 2, 2008 3 seconded by Commissioner Cauley, the Court voted unanimously to accept the grant funds when they are tendered. A copy is attached. The Court next considered awarding RFQ 2008 -036, Architect Services for the Brazos County Courthouse. Pat Howard, Purchasing Agent, recommended acceptance of the RFQ submitted by Patterson Architect. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Patterson Architect. A copy of the tabulation is attached. The Court next considered awarding Bid No. 2009 -16, Network Cabling Parts. Pat Howard, Purchasing Agent, recommended acceptance of the bid submitted by Anixter. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Anixter. A copy of the bid tabulation is attached. The Court next considered approval of the minutes of the Commissioners' Court meetings held in August 2008 on the following dates: Budget Workshops - 12th, 13th, 14th, 15th Vol III Page 5 Commissioners Court meeting December 2, 2008 4 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the minutes as submitted. The next matter before the Court was consideration of the renewal of Stop Loss Coverage with MedEx, with approval of the following documents: a) Acceptance Letter b) Application c) Compensation Disclosure d) Certification of Authority e) Third Party Administrator Agreement On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the above referenced documents. The next matter before the Court was the filing of Form 8038 -T for the Arbitrage rebate and yield reduction payment for the County's Limited Tax Obligation Bonds and Certificates of Obligation, Series 2005. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the County Judge to execute the document and forward it to the United State Treasury. The Court next considered a payment authorization in the amount of $98,864.11 to the United States Treasury Internal Revenue Service for 2005 GO's and CO Arbitrage Rebate. On motion by Commissioner Peters, seconded by Commissioner Vol 1 11 Page % Commissioners Court meeting December 2, 2008 5 Wassermann, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of the Investment Report for the quarter ending September 30, 2008. The Court acknowledged receipt of the Extension Service reports and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable, Precinct 2 Constable, Precinct 3 Constable, Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: Michele Meade, Assistant Emergency Management Coordinator a) Reported on the drought conditions throughout the County. She said the KBD index in the northern end of the County was Vol I �1 page 7 Commissioners Court meeting December 2, 2008 extremely high and causing skewed numbers. The mean is 463 index and the high is 590 index. There was no citizen input and /or concerns. Under Agency /Board /Committee reports by Court members, the following spoke: Wayne Dicky, Jail Administrator a) There were 554 inmates in jail this morning, 99 are on electronic monitoring and 42 are pending for electronic monitoring. There being no further business to come before the Court, the meeting was adjourned. Vol M page 8 6 The foregoing minutes of the Commissioners Court meeting held December 2, 2008 have been examined and are approved in open Court this the day of q 2 0pg, in Bryan, Brazos County, Texas. Randy Si County udge Lloyd assermann Commissioner, Precinct 1 Duane Peters Kenny Mallar Commissioner, Precinct 2 Commissioner, Precinct 3 re C ey, Jr. Commiss oner, Preci ct 4 Attest: County Clerk Vol _ 11� page I BRAZOS COUNTY COMMISSIONERS COURT MEETING ON D-,/-,-,L 0-" 2008 AT '?"00 Name (PLEASE PRINT) Organization /Department "ba C F Vn- T=.nJr�. r V i 644 a� v©LjILFAGE, BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008 -2009 BUDGET YEAR NO. 08/09-9.1 thru 9.3 On this the 2 day of December 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 2 December 2008 the Court heard and approved a budget amendment for the 2008 -2009 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 19 September 2008, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2nd day of December 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. :A Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes VOL I f 1 PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 9.1 1 11 11 11 11111 1 11 11 11 . : 111 _ -� • . - • 11 11 - ig 0 VOL 1 Iq PAGE i X BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 9.2 a wwinnsi FUND Div ACCT PROJ IDRICRI ACCOUNT NAME Increase Decrease 0100 35500100 65550000 CR Radio Maintenance 600.00 0100 35500100 51730000 DR Cell Phone Allowance 600.00 To reallocate funds to provide for the increased cost of cell phone allowance to switch from cell phones to t- Blackberrys. Approved by Commissioner's Court on September 9, 2008, item # 13. This amendment allocates the funding for the current fiscal Year. "'P ' Wr�. °� J� ,; ' 1'25, X08 a� V -3L 111 SAGE /0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 9.3 a 2»nnnA FUND DIV ACCT PROJ DR/CRT ACCOUNT NAME Increase Decrease 0100 13000100 59100000 CR DDEA 1,470.00 0100 13000100 61060000 DR Bonds 1,470.00 Tax Office To reallocate funds to allow for the pay ment of public official bond renewal. Pr d By 704 if WW a- VOL 117 PAGE I T PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 2, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Reauegtc Department Submitting Employee Request Action Requested Request(s) Applies To Exposition Complex Baker, Michael Resignation Cole, Tracy Resignation SO /Jail Phelps, Jerald New Hire Poorman, Jason New Hire Mitchell, James Promotion Bowser, Melvin Position Change Edwards, Shawn Position Change Approved in Commissioners' Court: December County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VOL I PA 5E S�a`b or ref <, pop Mxnx4'�F Date of Award November 18, 2008 Governor's Division of Emergency Management 2008 Sub - Recipient Agreement for Brazos County 1. Sub - Recipient Name and Address 2. Prepared by: Seals, Freddie 3. SAA Award Number: 08 -SR 48041 -01 4. Federal Grant Information Federal Grant Title: Homeland Security Grant tY Program 9 Judge Randy Sims Brazos County Federal Grant Award Number: 2008 -GE -T8 -0034 300 East 26th Street, Suite #114 Date Federal Grant Awarded to GDEM: September 1, 2008 Bryan, TX 77803 Federal Federal Emergency Management Granting Agency: Agency National Preparedness Directorate S. Award Amount and Grant Breakdowns Total Award Note: Additional Budget Sheets (Attachment A): Yes No Amount SHSP $166,666.67 97.073 SHSP -LEAP 97.073 UASI 97.008 UASI -LEAP 97.008 CCP 97.053 MMRS 97.071 1 $0.00 $127,670.47 $38,996.20 $0.00 $0.00 $0.00 This award supersedes all previous awards. Performance Period: Sep 1, 2008 to Jan 15, 2011 6. Statutory Authority for Grant: This project is supported under Public Law 110 -161, the Department of Homeland Security Appropriations Act of 2008. 7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of invoices. S. Debarment /Suspension Certification: The Sub - Recipient certifies that the subgrantee and its' contractors /vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http: / /www.epls.gov. 9. Agency Approval Approving GDEM Official: Signature of GDEM Official: Jack Colley, Chief Division of Emergency Management Office of the Governor 10. Sub- Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub - Recipient official: Signature of Sub - Recipie fficial: �CrcQ.Y Si l�S 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 12. Date Signed 74— InLIX-�41`3 13. DUE DATE: .- I Signed award and Direct Deposit Form (if applicable) must be returned to GDEM on or before the above due date. I I I per TERMS AND CONDITIONS Parties to Sub - recipient Aqreement This Sub - recipient agreement is made and entered into by and between the Governor's Division of Emergency Management/State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "GDEM," and the funds recipient, hereinafter referred to as the "Sub- recipient." Furthermore, GDEM and the Sub - recipient are collectively hereinafter referred to as the "Parties." By this Sub - recipient agreement's execution, the Parties have severally and collectively agreed to be bound to the mutual obligations and to the performance and accomplishment of the tasks described in this Sub - recipient agreement. The Sub - recipient Agreement is only an offer until the Sub - recipient returns the signed copy of the 2008 Sub - recipient Agreement in accordance with the date provided in the transmittal letter and in the agreement. Sub - recipient Purpose and Overview A. Purpose and Overview. Sub -grant funds provided shall be used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of manmade, natural disasters and acts of terrorism. The Sub - recipient agrees that all allocations and use of funds under this grant will be in accordance with the Homeland Security Grant Program Guidelines and Application Kit for that fiscal year and must support the goals and objectives included in the State Homeland Security Strategic Plan and the Urban Area Homeland Security (UASI) Strategies. The funds must be used to conform with the State Homeland Security Strategic Plan, follow the projects outlined in the approved investment justifications used to make the FY 2008 grant application and as described in the federal program guidelines found at www.fema.gov /pdf /govemmentkQrant/hsgp /fy08 hsgp quids pdf. Further, as outlined in the 2008 grant guidance, 2008 HSGP will focus on three objectives as the highest priorities. These three objectives are: 1. Measuring progress toward achieving the National Preparedness Guidelines; 2. Strengthening improvised explosive device (IED) attack deterrence, prevention, and protection capabilities; and 3. Strengthening preparedness planning. At least 25 percent of the total FY 2008 HSGP funding must be dedicated toward enhancing capabilities related to objectives 2 and 3 as identified above. The 25 percent requirement applies to the total award amount for each State across all four programs, not individual awards for SHSP, UASI, MMRS, and CCP. B. Standard of Performance. The Sub - recipient shall perform all activities and projects entered into the SAA web - based grants management system approved by its Council of Governments (COG) and by the State Administrative Agency (SAA). The Sub - recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Sub - recipient agreement and the: 1. Applicable Laws and Regulations, hereinafter referred to as "Exhibit A "; 2. Certifications, hereinafter referred to as "Exhibit B "; and 3. Certification Regarding Lobbying for Sub - recipient Agreements, Grants, Loans, and Cooperative Agreements, hereinafter referred to as "Exhibit C ". C. Failure to Perform. In the event the Sub - recipient fails to implement the project(s) entered into The SAA web - based grants management system, or comply with any of this Sub - recipient agreement's provisions, in addition to the remedies specified in this Sub - recipient agreement, the Sub - recipient is liable to GDEM for an amount not to exceed the award amount of this Sub - recipient agreement and may be barred from applying for or receiving additional Homeland Security Grant Program funds or any other federal program funds administered by GDEM until repayment to GDEM is made and any other compliance or audit finding is satisfactorily resolved. GDEM Obligations A. Measure of Liability. GDEM shall be liable for actual and reasonable costs incurred by the Sub - recipient during the Sub - recipient agreement period for performances rendered under this Sub - recipient agreement by the Sub - recipient, subject to the limitations set forth in this Section. GDEM shall not be liable to the Sub - recipient for any costs incurred by the Sub - recipient that are not allowable costs. B. Sub - recipient Agreement Funds Defined and Limit of Liability. The term "Sub- recipient agreement funds" as used in this Sub - recipient agreement means funds provided by GDEM under the HSGP program. The term "Sub- recipient's funds" or match funds as used in this Sub - recipient agreement means funds provided by the Sub - recipient. Notwithstanding any other provision of this Sub - recipient agreement, the total of all payments and other obligations incurred by GDEM under this Sub - recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub - recipient agreement. C. Excess Payments. The Sub - recipient shall refund to GDEM any sum of Sub - recipient agreement funds that has been paid to the Sub - recipient by GDEM or that GDEM determines has resulted in overpayment to the Sub - recipient that GDEM determines has not been spent by the Sub - recipient in accordance with this Sub- recipient agreement. No refund payment(s) may be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub - recipient shall make such refund to GDEM within thirty (30) days after GDEM requests such refund. Suspension Notwithstanding the provisions of Chapter 2251, Texas Government Code, in the event the Sub - recipient fails to comply with any of this Sub - recipient Agreement's terms, GDEM may, upon written notification to the Sub - recipient, suspend this Sub - recipient agreement in whole or in part, withhold payments to the Sub - recipient and prohibit the Sub - recipient from incurring additional obligations of Sub - recipient agreement funds. Termination A. GDEM's Right to Terminate. GDEM shall have the right to terminate this Sub - recipient agreement, in whole or in part, at any time before the end of the Performance Period, whenever GDEM determines that the Sub - recipient has failed to comply with any of this Sub - recipient agreement's terms. GDEM shall notify the Sub - recipient in writing prior to the thirtieth (30th) day preceding the termination of such determination and include: 1. the reasons for such termination; 2. the effective date of such termination; and 3. in the case of partial termination, the portion of the Sub - recipient agreement to be terminated. B. Parties' Right to Terminate. In addition to GDEM's right to terminate specified in Subsection A of this section, both Parties shall have the right to terminate this Sub - recipient agreement, in whole or in part, when the Parties agree that the continuation of the activities funded under this Sub - recipient agreement would not produce beneficial results commensurate with the further expenditure of Sub - recipient agreement funds. The Parties shall agree, in writing, upon the termination conditions, including the effective date of termination and in the case of partial termination, the portion of the Sub - recipient agreement to be terminated. Conflict of Interest A. Financial Interest Prohibited. A conflict of interest may arise when the employee, officer or agent; any member of his or her immediate family; his or her partner; or, any organization that employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform a subcontract pursuant to this Sub - recipient agreement. The Sub - recipient shall ensure that no employee, officer, or agent of the Sub - recipient shall participate in the selection, in the award or administration of a subcontract supported by Sub - recipient agreement funds pursuant to this Sub - recipient agreement and comply with Chapter 171, Texas Local Government Code. B. Other Prohibited Interests. In all cases not governed by Subsection A of this Section and except for eligible administrative or personnel costs, no person who is an employee, agent, consultant, officer, elected official, appointed official of the Sub - recipient or of a subcontractor of the Sub - recipient, in Subsection C of this Section who exercises or have exercised any functions or responsibilities with respect to the activities assisted under this Sub - recipient agreement or any other HSGP Sub - recipient agreement who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, have an interest in or benefit from the activity or have any interest in any Sub - recipient agreement, subcontract or agreement with respect to the activities or the proceeds either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. C. Inclusion in Subcontracts. The Sub - recipient shall include the substance of this Section in all subcontracts Monitoring GDEM reserves the right to perform periodic on -site monitoring of the Sub - recipient's compliance with this Sub - recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub - recipient's performance pursuant to this Sub - recipient agreement. After each monitoring visit, GDEM shall provide the Sub - recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub - recipient's performance under this Sub - recipient agreement's terms, the monitoring report shall include requirements for the timely correction of such deficiencies by the Sub- recipient. Failure by the Sub - recipient to take action specified in the monitoring report may be cause for this Sub - recipient agreement's suspension or termination pursuant to Sections on the Suspension and /or Termination above. Audit w•... aR I.I_. Npill".E 19 A. Audit of Federal and State Funds. The Sub - recipient shall arrange for the performance of an annual financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient agreement under the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub - recipient will also comply with Texas Government Code, Chapter 783, 1 TAC 5.141.et.seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements. B. GDEM's Right to Audit. Notwithstanding Subsection A of this Section, GDEM reserves the right to conduct a financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient agreement. The Sub - recipient agrees to permit GDEM or its authorized representative to audit the Sub - recipient's records and to obtain any documents, materials or information necessary to facilitate such audit. C. Sub - recipient's Liability for Disallowed Costs. The Sub - recipient understands and agrees that it shall be liable to GDEM for any costs disallowed pursuant to financial and compliance audit(s) of Sub - recipient agreement funds. The Sub - recipient further understands and agrees that reimbursement to GDEM of such disallowed costs shall be paid by the Sub - recipient from funds that were not provided or otherwise made available to the Sub - recipient pursuant to this Sub - recipient agreement or any other federal contract. D. Sub - recipient's Facilitation of Audit. The Sub - recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as GDEM may require of the Sub - recipient. E. State Auditor's Office. The Sub - recipient understands that acceptance of Sub - recipient agreement funds acts as acceptance of the authority of the State Auditor's Office or any successor agency to conduct an audit or investigation in connection with these funds. The Sub - recipient further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. The Sub - recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub - recipient and the requirement to cooperate is included in any subcontract it awards. For FY 2008, the NIMSCAST will be the required means to report NIMS compliance for FY 2009 preparedness award eligibility. All State and Territory direct preparedness Sub - recipients will be required to submit their compliance assessment via the NIMSCAST by January 31, 2009. The State or Territory departmentlagency awardee reserves the right to determine compliance reporting requirement of their sub - awardees (locals) in order to disperse funds at the local level. Reimbursement Sub - recipient agrees to make no request for reimbursement prior to return of this agreement signed by the authorized Sub - recipient representative. Sub - recipient also agrees to make no request for reimbursement for goods or services procured by Sub- recipient prior to the performance period start date of this agreement. A. Request for Advance or Reimbursement. The Sub - recipient shall submit to GDEM, a properly completed Local Purchase Submission Cover Sheet as often as actually needed. GDEM retains the authority to approve or deny amount requested and shall not make disbursement of any such payment until GDEM has reviewed and approved such a request. The Local Purchase Submission Cover Sheet shall be supported by documentation as referenced by the SAA web -based grants management system and subsequent policy updates. B. Request for Advance Funds and Transfer of Funds. The Sub - recipient's requests for an advance of Sub - recipient agreement funds shall be limited to the minimum amounts needed for effective operation of their project(s) under this Sub - recipient agreement and shall be timed as closely as possible to be in accord with actual cash requirements. The Sub - recipient shall establish procedures to minimize the time elapsing between the transfer of funds from GDEM to the Sub - recipient and shall ensure that such funds are disbursed within fifteen (15) days or as soon as administratively possible. C. Payment Contingent. Notwithstanding the provisions of Subsection A of this Section, payments under this Sub - recipient agreement are contingent upon the Sub - recipient's performance of its contractual obligations. Urban Areas Security Initiative (UASI) Grants A. If the Sub - recipient is a participant in a UASI program, during the performance period of this grant, Sub - recipient agrees to adhere to the UASI strategy, goals, objectives, and implementation steps. V0L =FAUI I B. Sub - recipient agrees that, during the performance period of this grant, all communications equipment purchases must be reviewed and approved by the Regional Interoperable Communications Committee and the UASI points of contact (voting members), if applicable. UASI Non - Profit Security Grant Program (NSGP) A. The Sub - recipient agrees that all allocations, uses of funds, and other associated program and administrative requirements under this grant will be in accordance with the Fiscal Year (FY) 2008 UASI Non - Profit Security Grant Program (NSGP) Program Guidance and Application Kit, Information Bulletin number 252, and the FY 2008 UASI NSGP Frequently Asked Questions (FAQs) Parts 1 and 2. All grant Sub - recipients are assumed to have read, understood, and accepted the FY 2008 UASI NSGP Program Guidance and Application Kit, Information Bulletin Number 252 and the FAQs as binding. B. Sub - recipients must meet a 75 percent Federal -25 percent Sub - recipient soft match requirement. Sub - recipient contributions must be from non - Federal sources. For all costs other than training, the Sub - recipients match may be met through cash, training investments related to use of allowable equipment purchased with the grant, or training investments related to general purpose security and emergency preparedness for staff. In the case of training projects, awardees must meet the matching requirement through cash. In no event can regular personnel costs such as salary, overtime, or other operational costs unrelated to training be used to satisfy the matching requirement. C. Non - governmental organization Sub - recipients are required to meet certain National Incident Management System (NIMS) compliance requirements. All emergency preparedness, response, and /or security personnel in the non - profit organization participating in the development, implementation, and /or operation of resources and /or activities awarded through this grant are compelled to complete training programs consistent with the NIMS National Standard Curriculum Development Guide. Minimum training includes IS -700 NIMS: An Introduction. D. Sub - recipients are responsible for keeping a copy of the 501(c)(3) registration number or IRS Letter of Recognition of Sub - grantees on file. Those Sub - recipients who submitted investment justifications, subsequently selected for award, by non - profit organizations which do not hold or have not formally applied for a 501(c)(3) registration number, are responsible for maintaining an affidavit and /or other indicia certifying or verifying their 501(c)(3) compliance on file for review by DHS, in accordance with the FY 2008 UASI NSGP Q &A Part 2. E. FY 2008 UASI NSGP allowable equipment costs include only the two Authorized Equipment List (AEL) categories identified in the FY 2008 UASI HSGP Program Guidance and Application Kit. These categories are 1) Physical Security Enhancement Equipment, and 2) Inspection and Screening Systems. All allowable equipment costs must fall within these two categories. Interoperable communications equipment, aesthetic enhancement, including business, shrubs, or flowers, general -use vehicles, or related general -use equipment is prohibited under this grant program if it does not fall within one of the two previously identified AEL categories. Additionally, any costs associated with exercises are strictly prohibited. All other training and management and administrative (M &A) costs must be in accordance with the FY 2008 UASI NSGP Program Guidance and Application Kit, Information Bulletin Number 252, and the FY 2008 NSGP FAQs, Parts 1 and 2. F. The Sub - recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U. S. Department of Homeland Security." Interoperable Communication Project Compliance Before a local jurisdiction may submit a project for consideration by the State, a preliminary review must be done at the regional level by the Communications Committee or some similar group of the appropriate Council of Governments, Development Council or Planning Council. (Where possible, reviewers should represent a cross - section of the communications community and include representatives from cities, counties and Tribes where appropriate; conventional and trunked systems, and VHF, UHF, 700 MHz, 800 MHz and 900 MHz systems.) Jurisdictions must have baseline information (towers and POC /name) entered into CASM to show the jurisdictions' commitment to adhere to the SCIP. Projects that are deemed to satisfactorily meet the State's Plan will be submitted to the State for formal review. National Incident Management System (NIMS) and the Incident Command System (ICS) Sub - recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. NIMS compliance for 2008 must be achieved by completing actions outlined in the NIMS Implementation Matrix. A. Adoption. The jurisdiction or organization must have formally adopted NIMS as its incident management system through ordinance, court order, or resolution. A copy of the adoption document should be provided to the Preparedness Section of the Division of Emergency Management. VOL Q r E V y- -- B. Implementation. The jurisdiction or organization must be implementing the principles and policies of NIMS /ICS, including these major requirements: 1. Identifying specific NIMS training requirements for local emergency responder and emergency management positions; then obtaining or providing required training, and documenting it. For further information on NIMS training, see: http: / /www.fema.gov /emergency /nims /nims training shtm 2. - Updating jurisdiction or organization emergency plans and procedures to address the NIMS /ICS organizational structure, major functions, concepts, policies, and procedures. 3. Utilizing NIMS /ICS for day -to -day all- hazard emergency response and during exercises. 4. Participating in local, regional, or intrastate mutual aid programs. 5. Maintaining an inventory of emergency response assets (Texas Regional Resource Network), and identifying key assets by resource typing standards developed by FEMA to facilitate multi- agency response. For resource typing information, see: http: / /Www.fema qov /emergency /nims /rm/rt shtm. This is accomplished by registering with the Texas Regional Resource Network (TRRN) and updating the information regularly. Additionally, a certification form must be on file with GDEM for every county and local jurisdiction. 6. Complete the NIMS baseline assessment and develop a local NIMS implementation plan. 7. Participate in an all- hazard exercise program based on NIMS that involves responders from multiple disciplines and multiple jurisdictions. 8. All Primary jurisdictions must possess an independent NIMSCAST account. For a more detailed description of these requirements, as well as other NIMS implementation requirements, see http://www.fema.qo.v/pdf/emergencv/nims/imi) mtrx states pdf FY 08 NIMS implementation requirements must be completed by January 31, 2009. Other Requirements (These requirements DO NOT apply to NSGP Sub - recipients) A. During the performance period of this grant, Sub - recipients must maintain an emergency management plan at the Intermediate Level of planning preparedness or higher, as prescribed by GDEM. This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter jurisdictional emergency management program that meets the required standards. If GDEM identifies deficiencies in the Sub - recipient's plan, Sub - recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from GDEM. B. Projects identified in the SAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable 12 approved project investments for the period of performance of the grant. C. During the performance period of this grant, Sub - recipient agrees that it will participate in a legally- adopted county and /or regional mutual aid agreement. D. During the performance period, the Sub - recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams /response units equipped and /or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. E. Sub - recipients must submit Fiscal Year 2008 Indirect Cost Allocation Plan signed by Cognizant Agency. Plan should be forwarded to the SAA along with the Planning and Administration Grant Budget Form. F. Council of Governments (COG) will follow guidelines listed in the FY 08 COG Statement of Work. G. Up to 15% of the program funds for SHSP, UASI and LETPP may be used to support the hiring of full or part -time personnel to conduct program activities that are allowable under the FY 2007 HSGP (i.e., planning, training program management, exercise program management, etc) The ceiling on personnel costs does not apply to contractors, and is in addition to eligible management and administrative (M &A) costs and eligible hiring of intelligence analysts. Sub - recipients may hire staff only for program management functions, not operational duties. Hiring planners, training program coordinators, exercise managers, and grant administrators fall within the scope of allowable program management functions. H. The State's 24 planning regions are voluntary associations of local governments organized pursuant to state law as regional planning commissions, councils of government, development councils, and area councils. It is recognized that one of the major functions of state planning regions as homeland security grant Sub - recipients is to perform a wide variety of planning and some program administration for both their region and on behalf of the cities and counties within the region that may also be homeland security grant Sub - recipients. Closing The Grant A. The Sub recipient must have all equipment ordered by January 15, 2011. The last day for submission of invoices is March °15 201`1:. B. GDEM /SAA will close a sub -award after receiving Sub - recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub - recipient is owed additional funds, GDEM /SAA will send the final payment automatically to the Sub - recipient. If the Sub - recipient did not use all the funds received, GDEM /SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. C. GDEM /SAA will unilaterally closeout this grant if sub recipient does not reconcile account and sign closeout GAN by May 31,_ 2011: Restrictions, Disclaimers and Notices A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by GDEM /SAA prior to obligation or expenditure of such funds. B. In cases where local funding is established by COGs, release of funds by GDEM is contingent upon regional funding allocation approval by the Sub - recipient's COG governing board. C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub - recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub - recipient Award. D. Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following business day. Chief Division of Emergency Management Homeland Security Office of the Governor PO Box 4087 Austin, TX 78773 -0220 Uniform Administrative Requirements, Cost Principals, Audit Requirements and Program Income Except as specifically modified by law or this Sub - recipient agreement's provisions, the Sub - recipient shall administer the award through compliance with all Applicable Laws and Regulations, Exhibit A, but specifically with: A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations. B. Cost Principles 1. 2C.F.R. Part 225, Cost Principles for State, Local and Tribal Governments 2. 2C.F.R. Part 220, Cost Principals for Education Institutions 3. 2C.F.R. Part 230, Cost Principles for Non - Profit Organizations 4. Federal Acquisition Regulation Subpart 31.2, Contracts with Commercial Organizations C. Audit Requirements — OMB Circular A -133, Audits of States, Local Governments and Non - Profit Organizations. �T Retention And Accessibility Of Records A. Retention of Records. The Sub - recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub - recipient agreement funds pursuant to OMB Circular A -87, 44 C.F.R. § 13.42 and this Sub - recipient agreement. The Sub - recipient shall retain these records and any supporting documentation for the greater of three (3) years from the completion of this project's public objective (close of the Sub - recipient agreement), including program requirements and financial obligations, or the period of time required by other applicable laws and regulations as described in Exhibit A. B. Access to Records. The Sub - recipient shall give the United States Department of Homeland Security (DHS), the Inspector General, the General Accounting Office, the Auditor of the State of Texas, GDEM, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub - recipient pertaining to this Sub - recipient agreement including records concerning the past use of HSGP funds. Such rights to access shall continue as long as the records are retained by the Sub - recipient. The Sub - recipient agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act, Chapter 552, Texas Government Code. C. Inclusion in Subcontracts. The Sub - recipient shall include the substance of this Section in all subcontracts Subcontracts A. GDEM's Approval of Subcontract and Liability. The Sub - recipient may subcontract for performances described in this Sub - recipient agreement without obtaining GDEM's prior written approval. B. Sub - recipient Liability. In no event shall any provision of this Section be construed as relieving the Sub - recipient of the responsibility for ensuring that the performances rendered under all subcontracts comply with all of this Sub - recipient agreement's terms as if such performances rendered were rendered by the Sub - recipient. GDEM's approval under this Section does not constitute adoption, ratification or acceptance of the Sub - recipient's or a subcontractor's performance. C. Applicable Law. The Sub - recipient shall comply with 44 C.F.R. § 13.1 -13.52 and all applicable federal and state laws outlined in Exhibit A and local laws, regulations and ordinances related to making procurements under this Sub - recipient agreement. D. Escrow Retainage for Construction Contracts. GDEM shall require Sub - recipient to maintain an escrow retainage of the Sub - recipient agreement funds budgeted for construction and rehabilitation in the amount of five percent (5 %) of each construction and /or rehabilitation subcontract entered into by the Sub - recipient. Before the retainage fees for construction contracts are released, GDEM shall receive a complete and executed Certificate of Construction Completion and Final Wage Compliance Report and the Sub - recipient shall certify it has received as -built plans for this Sub - recipient agreement's funded construction activities. Legal Authority A. Signatory Authority. The Sub - recipient assures and guarantees that the Sub - recipient possesses the legal authority to enter into this Sub - recipient agreement, receive Sub - recipient agreement funds and to perform the services the Sub - recipient has obligated itself to perform pursuant to this Sub - recipient agreement. B. Authorized Representative. The person or persons signing and executing this Sub - recipient agreement on the Sub - recipient's behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub - recipient to execute this Sub - recipient agreement on the Sub - recipient's behalf and to validly and legally bind the Sub - recipient to all contractual terms, performances and provisions. Notice Of Litigation and Claims The Sub - recipient shall give GDEM immediate notice in writing of: 1. any action, including any proceeding before an administrative agency, filed against the Sub - recipient arising out the performance of any subcontract under this Sub - recipient agreement; and 2. any claim against the Sub - recipient, the cost and expense of which the Sub - recipient may be entitled to be reimbursed by HSGP. Except as otherwise directed by GDEM, the Sub - recipient shall furnish immediately to GDEM copies of all documentation received by the Sub - recipient with respect to such action or claim. Indemnification To the extent permitted by law, the Sub - recipient agrees to hold GDEM harmless and to indemnify GDEM from and against any and all claims, demands and causes of action of every kind and character that may be asserted by any party occurring or in any way incident to, arising out of or in connection with the services to be performed by the Sub - recipient pursuant to this Sub - recipient agreement. Changes and Amendments A. Written Amendment. Except as specifically provided otherwise in this Sub - recipient agreement, any alterations, additions or deletions to this Sub - recipient agreement's terms shall be made through Grant Adjustment Notices generated by the SAA web -based grants management system and executed by the Parties. B. Authority to Amend. This Sub - recipient agreement's performances shall be rendered in accordance with the Act, Exhibit A, the assurances and certifications made to GDEM by the Sub - recipient and the assurances and certifications made to DHS by the State of Texas with regard to the operation of the HSGP. Amendments may further be amended by GDEM, during the period of this Sub - recipient agreement's performance as GDEM issues policy directives that serve to establish, interpret or clarify this Sub - recipient agreement's performance requirements. Such policy directives shall be promulgated by GDEM in the form of Information Bulletins and shall have the effect of qualifying this Sub - recipient agreement's terms and shall be binding upon the Sub - recipient as if written in the Sub - recipient agreement. C. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Sub - recipient agreement's terms that are required by the changes in federal and state laws or regulations are automatically incorporated into this Sub - recipient agreement without written amendment to this Sub - recipient agreement and shall become effective on the date designated by such law or regulation. Federal Emergency Management Agency (FEMA) periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers. FEMA's National Preparedness Directorate Information Bulletins can be accessed at hftp://www.omr)-usdoi.gov/odp/docs/bulletins.htm and are incorporated by reference into this sub - grant. Headings Headings and captions of this Sub - recipient agreement's sections and paragraphs are only for convenience and reference. These headings and captions shall not affect or modify this Sub - recipient agreement's terms or be used to interpret or assist in the construction of this Sub - recipient agreement. Oral and Written Agreements A. Prior Agreements. All oral and written agreements between the Parties relating to this Sub - recipient agreement's subject matter that were made prior to Date of Execution have been reduced to writing and are contained in this Sub - recipient agreement. B. Exhibits. The exhibits enumerated and denominated in the agreement are hereby made a part of this Sub - recipient agreement and constitute promised performances by the Sub - recipient in accordance with the Sub - recipient agreement and the Exhibits. C. Commissioner's Signature. This Sub - recipient agreement is not effective unless signed by the Chief of GDEM or by his authorized designee. Waiver Any right or remedy provided for in this Sub - recipient agreement provision shall not preclude the exercise of any other right or remedy under this Sub - recipient agreement or under any provision of law, nor shall any action taken or failure to take action in the exercise of any right or remedy be deemed a waiver of any other rights or remedies at any time. Venue For purposes of litigation pursuant to this Sub - recipient agreement, venue shall lie in Travis County, Texas. EXHIBIT A THE APPLICABLE LAWS AND REGULATIONS The Sub - recipient shall comply with the Act and regulations specified in Section 2; OMB Circular A -21, A -87, A -102, A -110, A -122, A -133; Ex. Order 12372 (intergovernmental review of federal programs); and 44 C.F.R, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Sub - recipients shall also comply with 2C.F.R. Part 215, Institutions of Higher Education, Hospitals and Other Non - Profit Organizations, 2C.F.R. Parts 225, State and Local Governments, Part 220, Educational Institutions; and Part 230, Non - Profit Organizations. Compliance with Federal Acquisition Regulation Sub -part 31.2, Contracts with Commercial organizations is required. Sub - recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub - recipient agreement's activities and performances rendered by the Sub - recipient including but not limited to the laws and the regulations promulgated hereunder and specified in State Administrative Agency Information Bulletins, Texas Uniform Grants Management Standards (UGMS) and Paragraph A through M of this Exhibit. A. CIVIL RIGHTS - Title VI of the Civil Rights Act of 1964, as amended. (42 U.S.C. § 2000d et seq.); (44 C.F.R. 7.1) hftr)://www.access.qpo.qovinara/cfr/waisidx 07/44cfr7 07 html B. HANDICAP AND ARCHITECTURAL BARRIERS - Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); (44 C.F.R. 16.101) hfti):Hedocket.access.qr)o.gov/cfr 2007 /octatr /44cfr16 101 htm ; The Sub - recipient shall ensure that the plans and specifications for construction of, improvements to, or the renovation of buildings, related to this project have been received by the Texas Department of Licensing and Regulation (TDLR) concerning the elimination of architectural barriers encountered by persons with disabilities as specified in Chapter 469, Texas Government Code. hftr)://tlo2.tic.state.tx.us/statutes/gv.toc.htm C. ENVIRONMENTAL LAW AND AUTHORITIES - In accordance with the provisions of law cited in 44 C.F.R. § 10.8, the responsible entity shall assume the environmental responsibilities for projects under programs cited in §10.1, and in doing so shall comply with the provisions of the National Environmental Policy Act of 1969, as amended and the Council on Environmental Quality regulations contained in 40 C.F.R. parts 1500 through 1508. hftp://www.access.qpo.gov/nara/cfr/walsidx 07/40cfr1501 07 html ; (44 C.F.R. 10.1) http: / /edocket.access qpo qov /cfr 2007/octqtr/44cfrlO.l.htm D. LABOR STANDARDS - The Davis -Bacon Act, as amended (40 U.S.C. § 3142) http: / /uscode.house qov /uscode- cg i /fastweb .exe ?getdoc +uscview +t37t40 +1733 +1 + + %28 %29 %20 %20AND °/x20 %28 %2840 %29 %20ADJ %20USC %29 %3AC ITE %20AND %20 %28USC %20w %2F10 %20% 283142 %29 %29% 3ACITE %20 %20 %20 %20 %20 %20 %20 %20 %20 ; The Contract Work Hours & Safety Standards Act (40 U.S.C.§ 3702) http: / /uscode.house qov /uscode- cqi /fastweb .exe ?getdoc +uscview +t37t40 +1775 +1 + + %28 %29 %20 %20AND %20 %28 %2840 %29 %20ADJ %20 USC %29 %3AC ITE %20AND %20% 28USC %20w %2F10 %20% 283702 %29 %29% 3ACITE %20 %20 %20 %20 %20 %20 %20 %20 %20; The Copeland "Anti- Kickback" Act (18 U.S.C. § 874) http: / /uscode.house qov /uscode- cg i /fastweb. exe?g etdoc +uscview +t17t20 +505 +0 + + %28 %29 %20 %20AN D %20 %28 %2818 %29 %20ADJ %20 U SC %29 %3AC I TE %20AND %20 %28USC %20w %2F 10 %20°/x28874 %29 %29% 3ACITE %20 %20 %20 %20 %20 %20 %20 %20° /x20 E. FREEDOM OF INFORMATION ACT— (5 U.S.C. 552); (44 C.F.R. 5.1) http: / /edocket.access qpo qov /cfr 2007/octatr/44cfr5.1.htm F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 — If the Sub - recipient is a governmental entity, it must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally- assisted programs; and (Federal Assurance) - (42 U.S.C. 4601) http: / /www.access apo qov /uscode /title42 /chapter6l htmI ; (44 C.F.R. 25.1) hftp://edocket.access.qpo.gov/cfr 2007/octqtr/44cfr25.1.htm G. FAITH -BASED ACTIVITIES.- Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith - Based and Community Organizations, (67 Fed. Reg. 77141) http: / /a257.g.akamaitech. net/ 7 /257/2422/14mar20010800/edocket access qpo qov /2002 /i)df /02 31831 pdf H. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND THE INCIDENT COMMAND SYSTEM (ICS) — Sub - Recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. http: / /www.fema.gov /emergencv /nims /nims training shtm I. PROGRAM INCOME - If a Sub - recipient is approved for an advance, the funds must be deposited in a separate interest bearing account and are subject to the rules outlined in the Uniform Rule 28C.F.R. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at htti)://www.access..qpo.gov/nara/cfr/waisidx 04/28cfrv2 04 html and the Uniform Rule 28C.F.R. Part 70, Uniform Administrative Requirements for Grants and Agreements (including sub - awards) with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations, at http: / /www.accg s aoo aov /nara /cfr /waisidx 03/28cfr70 03 html . Sub - recipients must report any interest earned to GDEM /SAA. Any interest earned in excess of $100 must, on a quarterly basis, be remitted to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville, MD 20852 J. AUDITS - The Sub - recipient shall arrange for the performance of an annual financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient agreement under the Single Audit Act (OMB Circular A -133; 44 C.F.R. 13.26) http: / /edocket access qpo qov /cfr 2007 /octotr /44cfr13 26 htm. K. GRANT ADMINISTRATION - The Sub - recipient will also comply with Texas Government Code, Chapter 783, hftp://tlo2.tic.state.tx.us/statutes/gv.toc.htm; and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements ,http: / /info.sos.state tx us /pls /oub /readtac$ext TacPage ?sl =T &app =9 &p dir -N &p rloc 111847 &p tloc &p pl oc= 1 &pq =2 &p tac &ti 1 &pt -1 &ch 5 &rl 141 Sub recipients must also comply with 44,C.F.R., Part 13, hftp://www.access.gi)o.qov/nara/cfr/waisidx 07/44cfr13 07 html; with 2C.F.R. Part 215 hftp://www.access-goo-gov/nara/cfr/waisidx 08 /2cfrv1 08 html #215, 2C.F.R. Part 225, Part 220 and Part 230. Parts 220 and 230 are not available on -line at this time. A link will be provided as soon as it becomes available. L. PROPERTY ADMINISTRATION - TAC Title 1, Part 5, Chapter 116, hftp://info.sos.state.tx.Us/Pis/pub/readtac$ext.ViewTAC?tac view 3 &ti 1 &pt 5 M. PUBLICATIONS - 44 C.F.R., Section 13.34 http: / /edocket.access gpo qov /cfr 2007 /octotr /44cfr13 34 htm 1. Sub - recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub - award; and (2) any rights of copyright to which a recipient or Sub - recipient purchases ownership with Federal support. The Recipient agrees to consult with NPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 2. The Sub - recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: `This Document was prepared under a grant from the National Preparedness Directorate, United States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not necessarily represent the official position or policies of U.S. Department of Homeland Security." 10 //_' EXHIBIT B CERTIFICATIONS 1.(1 as Mayor ounty Jud of V Texas, hereinafter referred to as the "Sub- recipi nt," certify the following with respect to the expenditure of Sub -re ipient agreement funds. A. The Sub - recipient shall minimize displacement of persons as a result of activities assisted with Sub - recipient agreement funds. B. The program shall be conducted and administered in conformity with the Civil Rights Act of 1964 (42 U.S.C. § 2000a et seq.) C. As specified by GDEM and FEMA, in the event that displacement of residential dwellings shall occur in connection with a project assisted with HSGP funds, the Sub - recipient shall follow a residential anti - displacement and relocation assistance plan. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The Sub - recipient certifies that it and its principals and vendors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub - recipients can access debarment information by going to www.epls.gov and the State Debarred Vendor List hftp://www,window.state.tx.us/procuremenVprog/vendor performance /debarred /. 2. Have not within a three -year period preceding this application 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 public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and 4. Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 5. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. (Federal Certification) E. Sub - recipient understands and certified that it will not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA National Preparedness Directorate. F. The Sub - recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub - recipient may be required to supply documentation certifying that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 17 11 12tL�1t�� Date EXHIBIT C CERTIFICATION REGARDING LOBBYING FOR SUB - RECIPIENT AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned, ICCihd�i �JI as Mayoty Judge f the I following to the best of his knowledge and belief. Texas certifies the A. No federal appropriated funds have been paid or shall be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an 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 Sub - recipient agreement, 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 Sub - recipient agreement, grant, loan or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal Sub - recipient agreement grant, loan or cooperative agreement, the undersigned shall complete and submit standard form Disclosure Form to Report Lobbying form in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards including sub - contracts, sub - grants and Sub - recipient agreements under grants, loans, and cooperative agreements and that all Sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon that 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 31 U.S.0 § 1352. 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. ( a Date 12 '"Now- p Enclosure I FY 2008 INVESTMENTS APPROVED BY DHS State Investments I.: Regional Food and Agriculture, Critical Assessment 2. Improve Communication Interoperability 3. Public safety and Security Response 4. Intelligence and Information Sharing and Dissemination 5. Enhance State, Regional and Local EOCs 6. Enhance State, Regional and Local Planning 7. CBRNE Detection, WMD, Hazmat Response and Decon 8. On -Site Incident Management 9. Critical Infrastructure Protection 10. Community Preparedness & Emergency Public Information & Warning 11. Strengthen Medical Surge and Mass Prophylaxis 12. Reduce Threats to Agriculture & Enhance Emergency Response 13. Enhance Border Security Program 14. Tribal Investments Note: Highlighted investment is a multi -state project Austin Area UASI Investments I. Austin Area Fusion Center 2. Planning and Coordination 3. Enhanced CBRNE /WMD Response Teams 4. Physical Security of Critical Infrastructure 5. Mobile Public Safety Communications 6. Mass Casualty Management Capacity Enhancement 7. Regional Community Preparedness and Resiliency 8. Public Safety Video and Data - Remote Video and Connectivity 9. Video X -Ray Technology for Bomb Squad 10. Mass Prophylaxis and Epidemiologic Surveillance 11. Cyber Security of Critical Infrastructure 12. Regional Air Enforcement Response 13. Traffic Light Battery Backup with PTZ Cameras 14. TEXAS PEER-TO -PEER UASI PLANNING NETWORK 15. IT INTEROPERABILITY INITIATIVE Note: Highlighted investments are multi - regional projects (C;€ nflinted) Dallas /Fort Worth /Arlington Area UASI Investments 1. TEXA&PEER TO -PEER VAST PLANNING NETWORK 2. IT INTEROPERABILITYINITTATIVE (``I- CUBED ") 3. Regional Multi- Agency Intelligence Fusion Center and Data Sharing 4. Critical Infrastructure Security Enhancement 5. Enhance Command and Control At All Levels to Include Emergency Operation Center Functions 6. Enhance Explosive Ordnance Device Mitigation and Response Capability 7. Enhance Law Enforcement Capability to Respond to Terrorism Incidents and Catastrophic Events 8. Enhance CBRNE Response Capability Including HazMat and Specialized Fire Response 9. Enhance Search and Rescue Capability to Respond to Terrorism Incidents and Catastrophic Events 10. Enhance Medical Surge, Mass Prophylaxis, and Fatality Management Capability 11. Enhance Interoperable Communications 12. Enhance Early Warning and Notification Systems 13. Public Outreach Programs, Citizen Corps, and Citizen Preparedness 14. Regional and Urban Area Planning El Paso Area UASI Investments 1. TEXAS PEER TO,- PEER,UASI PLANNING NETWORK 2. IT INTEROPERABILITY INITIATIVE 1. ( "I- CUBED ") 3. El Paso Urban Area Regional Mobile Command Post Project 4. Purchase and Logistical Support for Regional Self Contained Breathing Apparatus Project 5. El Paso- UASI/Region -08 P25 Interoperability Communications Project; Stage I- Phase IIIA. 6. Ready El Paso Volunteer Campaign 7. Coordinated efforts to protect Critical Infrastructure and Key Resources 8. Enhancing the El Paso All Hazards Incident Management Team 9. Explosive Device Detection and Response Operations 10. Planning and Coordination 11. Rio Grande Information & Intelligence Center 12. Regional Medical Operations Center (RMOC) Note: Highlighted investments are multi - regional projects 120 Enclosure t ((.'o;Whuied) Houston Area UASI Investments 6. Prevention: Fusion Center & Regional AFIS 7. Protection: Public Safety Video & Target Hardening 8. Response: Enhance CBRNE Response Capability 9. Enhance Health & Medical Capabilities Regional Emergency Management Improvements San Antonio Area UASI Investments 1 TEXAS PEER TO PEER UASI PLANNING.NETWORK 2 IT INTEROPERABILITY IlvITIATIVE: `(" C TBED'') 3. Enhance Regional GIS Emergency Planning and Response Capabilities 4. Enhance Regional Critical Incident Management (IM) Capabilities 5. Strengthening IED Attack Deterrence, Prevention, and Protection Capabilities 6. Enhance Emergency Operations Center Operations & Connectivity 7. Sustain & Enhance SAUA First Responders and WMD Project 8. Enhance Regional Interoperability Communications (IOC) 9. Enhance CI /KR Security Improvement Program 10. Enhance Citizen Preparedness and Response Capabilities 11. Reduce Vulnerability of Threats to Agriculture & Facilitate Emergency Response 12. Enhance Emergency Facility Capabilities Note: Highlighted investments are multi - regional projects „, I ��•' Yl .`r�•�74 -178 (8-4.0514) For Comptroller's use only VENDOR DIRECT DEPOSIT AUTHORIZATION Under Ch. 559, Government Code, you are entitled to review, request, and correct information we have on file about you, with limited exceptions in accordance with Ch. 552, Government Code. INSTRUCTIONS Use only BLUE or BLACK ink. ' Check all appropriate box(es). Alterations must be initialed. * For further instructions, see the back of this form. TRANSACTION TYPE New setupSECTION 1 Cancellation PAYEE IDENTIFICATION (Sections 2, 3 & 4) Change financial institution (Sections 2 & 3) Change account number Change account type (Sections 2, 3 & 4) (Sections 2, 3 & 4) (Sections 2, 3 & 1. Social Security number or 2. Mail code (If not known, will be Federal Employer's Identification (FEI) completed by Paying State Agency) 3. Name 4. Business phone number City 7. state a. ZIP code SECTION 2 () 5. Mailing address AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION 9. Pursuant to Section 403.016, Texas Government Code, I authorize the Comptroller of Public Accounts to deposit by electronic transfe payments owed to me by the State of Texas and, if necessary, debit entries and adjustments for any amounts deposited electronically in error. The Comptroller shall deposit the payments in the financial institution and account designated below. I recognize that if I fail to pro, complete and accurate information on this authorization form, the processing of the form may be delayed or that my payments may be SECTION erroneously transferred electronically. I consent to and agree to comply with the National Automated Clearing House Association Rules < 3 Regulations and the Comptroller's rules about electronic transfers as they exist on the date of my signature on this form or as subsequer adopted, amended or repealed. 10. Authorized signature 11. Printed name FINANCIAL INSTITUTION (Completion by financial institution is recommended.) 13. Financial institution name 17. Customer account number SECTION 16. Routing transit number (Dashes required YES) 4 1 19 Representative name (Please print) 21. Representative signature CANCELLATION BY AGENCY 22. Phone number 12. Date 18. Type of account Check Savings 25. Date PAYING STATE AGENCY Note: A vendor can receive email or fax notifications providing one (1) business day advance notice of the payment posting to the vendor's account. The Advance Payment Notification is available to vendors receiving direct deposit payment(s) from the State of Texas. To enroll in this free service, complete the Advance Payment Notification Authorization, Form 74 -193, available on the Internet at: hftp://www.window.state.tx.us/taxinfo/taxforms/74-193.pd f For additional information or assistance, please contact the Claims Division by: Email: claims.pin @cpa.state.tx.us Phone: 512/936 -8138 in Austin or 800/531 -5441 Ext. 6 -8138 toll free Form 74 -176 (Back)(Rev.4 -05/4) C � INSTRUCTIONS FOR VENDOR DIRECT DEPOSIT AUTHORIZATION SECTION 1: Check the appropriate box(es) - NEW SETUP - If payee is not currently on direct deposit with the state. a. Complete Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. - CANCELLATION - If payee wishes to stop direct deposit with the state. a. Payee completes Sections 2 & 3. - CHANGE FINANCIAL INSTITUTION a. Payee completes Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. - CHANGE ACCOUNT NUMBER a. Payee completes Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. - CHANGE ACCOUNT TYPE a. Payee completes Sections 2, 3 & 4. b. Section 4 is recommended to be completed by financial institution. SECTION 2: PAYEE IDENTIFICATION Item 1Leave the boxes blank if you do not have your 11 -digit Texas Identification Number. The paying state agency will provide the information in the boxes. Enter your 9 -digit Social Security number or your Federal Employer's Identi- fication (FEI) number. Item 2 If your 3 -digit mail code address identifier is not known, it will be assigned by the paying state agency. SECTION 3: AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION Items 10, 11 The individual authorizing must sign, print their name and date the form. & 12NOTE: No alterations in this section will be allowed. SECTION 4:FINANCIAL INSTITUTION Section 4 is recommended to be completed by a financial institution. NOTE: Alterations to routing, account number and /or type of account must be initialed by the financial institution representative or the payee. SECTION 5:CANCELLATION BY AGENCY (State agency use only) Sections 5 & 6 to be completed by the paying state agency. SECTION 6:PAYING STATE AGENCY (State agency use only) Section 6 to be completed by the paying state agency before the form can be processed. Submit the completed form to a state agency with which you are conducting business. This agency will be designated as your custodial agency. If the direct deposit instructions need to be updated or cancelled, you must contact this agency. iii'""' ��- Note: A vendor can receive email or fax notifications providing one (1) business day advance notice of the payment posting to the vendor's account. The Advance Payment Notification is available to vendors receiving direct deposit payment(s) from the State of Texas. To enroll in this free service, complete the Advance Payment Notification Authorization, Form 74 -193, available on the Internet at: http: / /Www.window-state.tx.us/taxinfo/taxforms/74-193.pdf For additional information or assistance, please contact the Claims Division by: Email: claims.pin @cpa.state.tx.us Phone: 512/936 -8138 in Austin or 800/531 -5441 Ext. 6 -8138 toll free 3 ° 3 <D 3 c CD N cc O as c CD O y CO) V D c O < N `° C� D c O O g Cn -n 3 'a N C. m A n 0 m n. W D _ = N o ►v c -e -p sk) ° .a M ° -o 3 N 03 Cr o C N o C o O m '.m� �D -a O Q V n CD 3 CD 0 C. = CD C C. c a ec -a C' 0 y D 0 m to CD rt •a °' (D x O CD 0 CD V O M W �O N Q� N '� c V1 'i N C N c O O Q co O OD O O a C G O to ° y Z Imp- lJ N 0 0 co 6 w Q1 D n 2 m n y m X n m cn -n O W O n O c z 4 0 O C M --t 2 O c CA m z m z O D 0 z ° o o �D pOj V _o V O M W �O N Q� N '� N V1 'i N C N O O Q co O OD O O C G O y Z C-'' O M ° M O O o o X Z O N A N _o O N j _O 3(n 7r� VJ IJ 00 .o N r O, V 3' Vt O N N 0 p O O O C p N C Z r r n 2 � 2. o O 0 o 0 0 o °- oo C- D � o�o�= m= w= O N O fA - �= am X c o 0 o c o co m C o° 00 45 2. o• o 0 0 0 o o o Q) V CD co •O► O 7 01 w V U1 i G) rl. N 01 V y C rt N 2 0 O O O co p C C Imp- lJ N 0 0 co 6 w Q1 D n 2 m n y m X n m cn -n O W O n O c z 4 0 O C M --t 2 O c CA m z m z O D 0 z 1 "L 1 O 0 ti 0 M 69 v r; C) CC) co 6c# 6). W. r r 60 6% (D O O v .- O M ,f o00 r- (D � M Ln co O O O f M M N W CD `- OM O Co 0 C) CD O �t 0 1- LO CM � N M N (D CM N O O- N CD CO r O CD O r r � L� r O N Lf) O N E 'It 0 r` Lf) LO M 69 1� r r � 69 6i 69 69 6% 6f� N 69 r 69 r r r r 6% 6% 69 69 69 CD r Lf) r r r r 69 69 69 69 69 69 6) 69 69 C) CD Ch to L) 4 C(D r0 N � d' M co �r M V' r (D M r r CO 'ch r OC) OO 1� C) O _N Op N (� O O _ OC) CD V Lf) O to . C. . 1� M N 0 tl) N O r~ (D 6969696M3���6964 � 6% V) r N r r � 69 69 69 6 6% 69 69 69 69 tt ONO C10 " ti M 0 N M m � M r O O M Lf) r M tL) N CA O r Ct t} O~ r O'o , O M M co (D 00 co r C) a)� O CD r r M 000 O r It N O M N 000 N f� r p N D) h V' r Qj Lf) C'7 Ch w. 6). 69 64 69 69 69 69 69 69 cNc - T 64 (� 69 69 69 <Lc M V) 69 r r M M CD M r 000 N CD 000 N M O O O r C'') CAD Ln 00 00 N 0 O ti C) �7 M N ip (V N m O- N d N r co O O N O M O co M C) 69 69�Hi696963EA6969 N� 69 609 _N (f?��6Nq�EPk6%6% EA (A 69 O O O O O Q U) Q CA Q (n m N 3 n m CD 3 3� - E u U v o .M p 0 O C i C Y (0 cu U N E CL C) CL Ui C C p m-- a) co `- O E n m 0 0 1 2 L O am -he O O p O � = o o a� 2 t O — Q Q x cu U N X (0 E rN+ O x CD "2 O 'N Q 12 +-' 2 (n 2 C O C C " E 2 Lo Lf) N m N U 3 c p Cl O Q Q p Q 0 Q 3 C co U U Q O .Q L - `� CQ Q LO tf) U p U U ,N E O` .-+ 64- N y Q m D- N " y C- r C O N O U C C N a) 3 `� O L M O O Cn N cm C/) Ln (D C (U C 0 (Ci = fU [V L 4 Cf) L OO a tf) a- NLn C E'QC 'C IWo- Q Q U (n U (n E U E U rl a cD m O e C (u rn- O C) to U O 3 LO a N m N M ttf E E Q Q CD X ~ L> 7 r Coq N CD 00 X _� >, U 0 0 U it i� fr > f- to (n CV CD O Lf) O in N N N U U) U Cn L co co N N N N �- LO CC) m r M O M r M r w r N r N r N r CC) r r M r It C) 00 r r O r m w (� r O r O r O CD r J LY] J Ln O rl- i ti i t` ti i ti i i i i � i M r M r M r 0 N r r r r �i Ln i N i er 00 T LL') CD CD LO co C� N tM O C� 1` N r M O Lo N � llO N (rp m M 00 M 00 C`7 00 CV F - mi '� _� CC ti ,Zr O O� O CV N CD O r Lf) LO N r r r r r O r r r° W Y (� C) Q» Ct > > O O N 0 0 0 U (n U (n O O O W O m `- N N Lt_ LL c O c 0 C 0 E 0 E 0 E 0 C�� 0 0 0 E 0 'C 0 rn p) rn� O C7) rn m rn v) rn rnr = a 3 3 3 3 3 3 3 3 C C C 3 I F C C C C C C C C .a m M M E Ln c � Ln - E E E E E E E a c s c L L L L L .�C .0 L U U U .m U U U U U U U U U U O O O U C) C) C) C) U C) LO v vi r N co LO co "T to cc) _ _ _ O O N c� S O O N M O O 00 O r M M r LO MO � M ce) 0 M N LO co M co M T to CD f� N N CD CD I- CD 0) N o) 0 0 C� N N 0 LO . Oi N N lC� cr O O M ti r64 rEii N64 M r64 r64 r64 r 00 OD O V' CV N r N N O O N r 0 0 0 N Lf) 61) r 6)- 6% 69 64 64 64 64 69 r 64 64 6C N r 69 r r � (D 6Fi 69 64 6% 64 6% ti M N -- O M ti N LO cM LM f> N C'4 CD CO I� � O M 00 co O O 0 m m M m" r CD r N M N m - I � r r LO LO CV N N N m LNO O O m CND CM7 � N N� 0 CF) C14 CN 64 64 6 64 64 64 69 Efi 69 69 69 64 69 64 64 64 64 6<3 r 69- 691 6% N r 6% r r 6g 64 6S. 69 64 r 64 64 1004 ti 0N O M r- � N N O O� m O O ~O `_ N r O 0 0 ci tf) p O_ m O O N N r (�j nj N a O O 0 O O p 69 64 b4 69 64 64 64 64 �} 69 E9 64 64 64 64 � � 64 �? C{3 � 6% 69 64 O CN OD Lr O O r0 O O O O Ln M 0 O O O N Ln N O O~ 000 M N r 0 Ln r 0 N N O O O 00 CD r 0 N O O O O O O 64 ffi 64 6�9 M LO OO r r r CV r Ln L6 0 Co 000 000 O� CO 69 64 64 64 64 69 64 64 61 64 r 64 69 r 64 r r � 6% 64 64 r di C{} W���0001c °VIM- C, hhhhhhhhhhb1 -�I -� J L. L- -0 19 r' m m a2) � Cl) r_ m O Q' a a -N C V f- .2 -t6 >+ C (0 C avi c U c E O a) o c0 o rn c o _ _2 E ° c U (` .) c a)° 3 v cs'N a)�� m o rn E �v� : 0 CL c E Ln a w g LO •� `-0 0 4? >, t0 Y N s N N a) L 0 � j y Y a) t L ;� U L I N> .� 7 X C .. x N � o a) °- 3 3 ° 3 m 3 O N 3 >, O M r L .P ° m rn Lo t rn N a) 0 � A rn a) m o rn x a° c) N 2 o rn m� a� C 3 a) m E "' m m c m c� c o s Q. to CD in to CV C� 7 �' N N m m t t a) N m c c Y •7 cu .Q L E° 2 'c E E E o co rn Q a L w 0 c c E m La c v 3 rn c m m m m m o Y Ln a) m a) (D - E E c 0 o a) a) M cv v 0 U Y Y to 0 0 0 °o E m a � tf m a) m° 3 3_° Q > V a LL .m V V c C «° w w .� O O � E to N n.Qa m' sz a 3. Y Y U r O E s 0 0 0 g o F- 0 0 0 o n a c c . a) °o o° ° �o ci�aQiiJJ� CNZo 000001 ovvv�� �2» ���NU j _j i D Q' J U�OC LO UUU mt1 I- 00ao�c�DVCqom�2 _ - LLLONU IM CN J JNv co m x0000 W WOaJN m mdaad aNm LL U cc U U U CD � (D COD U U LL UL LL LL d~ 2 N N U Y C-4 -J � � UU�U�a U Cl. a aaaaaaa L c 0 aaaa a aaaaaaaaa c c c c c c c c c c c c c c c c c c c c c mJJUmmn. mW mmmmmmmo. mmm m aaadda �co nn i Ln O O Un IT LO LO N �t Cn O 1�- E9 69 bF} fA LO OD 64 N M ti 69 LO r O p LO M N' cc) O r 0c) CO CO Cp N 00 O M r M CO OD CN �r- O cc) Oo O O M 0 l) 69 69 N � N00 EA 6969� �64690�0 N 61)- m : 6% M co to CO to r( r CA r O O OOO P- 0) pNj � � 00 CO r � � �. M CO CO M 69 6% N V' � N O O (rp ir- cM- r �N C[) CO O 69 E9 d) 69 69 EH 69 69 tf} 69 69 69 EA 69 69 IT M co� N LO V co N O Oo N 0) Nr LO M N69 64 N69 � C�7 O r- 0o O O CA O O f� d3 r� 6% 69 w. 69 CA M c 69 69 E9 ~ r M CO M N� Cn O M� 0) l[) 0) O CD r r 0 0 0) 6N9��� � rM 64 696�}� `- EA O M r �E9E9 � 69 6% E9 69 69 6 L Y U O wa c 3 0 a r U c 7 CL O r r 'q- C) O r m Y O r r CL c M a A o°C)0000 p O O O r O r 000 cy) (D r 69 LD cc) M 0) 0) tLO 00 't r C) r 't O 04 C) O � 64 69 « 69 66. zq 69 D Oto O N 'T N N M C OD O CO Il 04 ' Nt N Lo OD r C) N Cr o —L to M r- 69696969r Lo nj 64 69 tfi r 00 c) M N 0~o O O M C) ti LO O O N Oro T-- _ r 69 69 6% OD c 0000 OM M r- � m Co r v3 r M C) O M r O 04 OD 6 6,., 69 (964fj)-`r ' ti U') O O Uo vUoU-)N � U-) O 1-1 EA 6R 69 64i 0 O N M 1` 69 CD Vo co N CD LO °O LO co m co m O co (O co N co O (( i 00 t(j Lj N 00 O co to O M c0 co ti ui el. �6N9`- ta 66% N ���o `- Ef} O co co 6N96NRaCCOO 6R 6% V% EJ? 69 6R 69 69 LO r O o O LO 000 ti 0) CD� 00 M 0 0 0 � (O r- 0 CO CN M 609 N It N O O � r C r CN 0 (O O E9 ell Ef} fg 6% E9 E9 6fi 69 6% 69 ER 69 6+4 69 00 0 (Mp L N to � M N (O N O co N N tM � cf 00 �- 06 00 "t r r M 0 (V « O ti 00 O rn O O M O r- 6% 6% 69 69 6 69 6% 69 d3 69 69 6% M yq 6f} 6f} 69 dg d M (D 00 00 LO 00 ti 1- O �- 1 O 0� r O O cm N i - Ci Co O ✓n t( . to Cl N (O Lo (D 6N9 � � 0) � 6fi � (� � � 64% 609 E9 6% Q W Y Y U O C O U L U C Cl O r NT O _O m Y O a C N a ......,. 0 00 0 0 00 0 0 0 O o o O 64 �} r 69 69 M 0 d N N O r, CR Lo N � 6R O M m N04 � 0 � 6 CA � E9 E9 � E9 'T 64% 0 O N (0 000 qT m N N M N O O 0), CO r- r- O V- 0 M (O EA (A � 69 � � 6<i ��- C) M N 000 O O M O to O O N CO _ r E9 69 6H 69 � � E9 co co M M CD � O M co CR r N r co O r Ef} E9 � dq qT � E9 N N co N X 1 " O I N (D N U C (A C d � L N O rn E U ,O Y E m p EE �a .V U J m I L U LL LLL. ro N O 00 O O �- O �f N t` Q N N ul, u) FL CO LO IN- - �' L~L LL rn H 0 nI�InlYl�l71 � M e MEMORANDUM ATTN: Kay Magness Brazos County For review of the Commissioners Court, please note the final rates for Stoploss Coverage: Single Coverage $58.58 Family Coverage $159.35 Aggregate $2.78 The above rates are a combination of the rates as sold and issued in the policy by ING (policy rates) and Underwriting Management fees. Underwriting Management fees include the following: Filing & Tracking stoploss claims Billing /collections Plan document review Claim coordination with BOBS Compensation Management /review of contracts These fees are broken out as follows: Single Family Aggregate Contract Rate: $52.72 $143.81 Underwriting /Management Fee: $ 5.86 $2.50 $ 15.54 $ .28 *Final Rate: $58.58 $159.35 $2.78 *Final Rate should be remitted monthly for payment of the stoploss coverage and the underwriting management fees. Signed and accepted on the oU� day of h,6r r 20 6E- By: Printed Name: Title: Witness: 6575 West Loop South, Suite 260 Bellaire, Texas 77401 -3509 Phone: 713 668 0016 71- Fax: 713 668 1345 1/7 ' RELIASTAR LIFE INSURANCE COMPANY Home Office, Minneapolis, Minnesota 55440 EXCESS RISK APPLICATION The Plan Sponsor hereby applies for the Excess Risk Insurance coverage as now in effect or later modified. Name of Plan Sponsor (exact legal name) Brazos County Address (number and street, city, state, zip code) 300 E. 26th Street Bryan, TX 77803 ❑ Corporation ❑ Partnership ❑ Sole Proprietorship P p ® Other (Specify) Public Group Nature of Plan Sponsor's Business: SIC Code: 9110 Are Associated Organizations to be included? ® No ❑ Yes (If "yes," give names.) Number of Eligible Individuals: Employee Only Coverage: 491 Employees with Dependent Coverage: 258 Number of Enrolled Individuals: Employee Only Coverage: Employees with Dependent Coverage: Number of Individuals Covered Elsewhere: Employee Only Coverage: Employees with Dependent Coverage: The Claim Payor for coverages checked below for the Employee Benefit Plan is as outlined below: Name of Claim Payor* (exact legal name of entity) Blue Cross/Blue Shield of Texas Address of Claim Payor (number and street, city, state, zip code) 901 S. Central Expressway Richardson TX 75080 *Claim Payor must be approved by ReliaStar Life prior to acceptance of this Application AGGREGATE EXCESS RISK E YES ❑ NO BENEFITS TO BE COVERED: ® Medical ❑ Vision ❑ Weekly Disability Income ❑ Dental INITIAL CONTRACT BASIS• ❑ Incurred and paid in 12 months ® Incurred in 15 months and paid in 12 months ❑ Paid in 12 months E Prescription Drugs ❑ Other (please specify) ❑ Incurred in 12 months and paid in 15 months ❑ Incurred in months and paid in months ❑ Other: Deductible Adjustment Factor: 125 % Minimum Aggregate Deductible: See Excess Risk Schedule /Current Premium Rate Notification ReliaStar Life's Limit of Liability: $1,000,000 Optional: ❑ Terminal Liability ER03STIO INDIVIDUAL EXCESS RISK ® YES ❑ NO BENEFITS TO BE COVERED• ® Medical ® Other (please specify) Prescription Drugs INITIAL CONTRACT BASIS• ❑ Incurred and paid in 12 months ® Incurred in 15 months and paid in 12 months ❑ Paid in 12 months Individual Deductible: Individual Deductible: $75,000 per Individual True Family Deductible: $ per family Lasered individuals as identified in the disclosure process: none ❑ Incurred in 12 months and paid in 15 months ❑ Incurred in months and paid in months ❑ Other: Aggregating Individual Deductible: $ 60,000 (Individual Excess Risk must be elected) Benefit Percentage: 100% ReliaStar Life's: Maximum Individual Annual Benefit: $N /A Maximum Individual Lifetime Benefit: $1,000,000 minus the individual deductible Optional: ❑ Terminal Liability Attached to and incorporated in this Application is a copy of the Employee Benefit Plan currently in effect for the provision of benefits by the Plan Sponsor to its eligible employees or members. Are retirees covered under the Employee Benefit Plan? ® Yes ❑ No If "Yes," is the Employee Benefit Plan Primary? ® Yes ❑ No Retirees age 65+ are Medicare primary The initial Contract Period is from November 1, 2008 to October 31, 2009. The Agent of Record (provided he /she is duly licensed as required by law) is: MedEx, Inc. This insurance is to be effective on November 1, 2008, at 12:01 a.m. Standard Time at the Plan Sponsor's place of business, provided that the first premium is paid in full and that the Claim Disclosure Statement and this Application are accepted by ReliaStar Life. An advance deposit of $ 64,861.00 is attached. (The deposit is to equal the first premium.) The deposit will be applied toward payment of the premiums on the insurance requested if the application is accepted by ReliaStar Life. If not accepted, the deposit will be refunded to the Plan Sponsor Applicant. Witness Date ER03ST10 PLAN C Name f signer (please print) Title I N G Important Information About Your Emplovee Benefits Insurance Thank you for considering ReliaStar Life Insurance Company (the "Company ") for your employee benefits insurance needs. We offer various Employee Benefits insurance products that have different features, benefits and costs. We are confident that, working with your professional insurance agent, broker, or consultant you will find that one of our products is right for you. Your agent, broker, or consultant may work with many employee benefits insurance companies, and we are pleased that they are presenting one of our products to you. If you decide to purchase, or offer to your employees or members, a policy from us we would like you to understand how we will pay the selling agent, broker, or consultant. There are generally three types of payments that may be made to agents, brokers and consultants: 1. Commissions: Agents, brokers, or consultants may earn a commission for each Company policy sold. The commission is generally a percentage of the policy premiums paid. The percentage may be higher for agents, brokers, or consultants that sell a larger number of Company policies. The actual percentage and amount of commission paid will vary based on the specific circumstances of the product(s) purchased. 2. Bonuses: Agents, brokers, or consultants may receive additional compensation based on a percentage of policy premiums paid for each year a policy remains in force and as rewards for things like achieving certain sales volume levels, sales contest objectives, or other measures. We also may pay for agent, broker, or consultant education, training or attendance at conventions, and may pay bonuses, provide advance commissions and /or loans with an expectation that the advancement and /or loans be repaid as new policies are issued, reimburse expenses or provide other payments or benefits. 3. Administrative /Service Fees: Agents, brokers, or consultants may provide administrative services and marketing support for a flat fee, a percentage of policy premiums paid, or, a fee based on the amount of commissions earned from the initial sale. The agents, brokers or consultants may be associated with other brokers or consultants that may provide administrative services and marketing support for similar fees. This is a general discussion of the compensation we pay for the sale of our policies. We pay commissions and other sales expenses from our general assets and revenues, including amounts we earn from fees and charges under our policies. The price of an insurance policy is set by the Company, and reflects the compensation we pay for the sale of our policies. It also covers other costs to design, manufacture and service our policies, fees associated with the cost of any applicable guarantees, the investment management needed to build cash values and pay benefits, and our profits. We are committed to providing top - quality insurance products to our customers and are pleased that your professional insurance agent, broker, or consultant trusts us to deliver on your long term insurance needs. Product Name(s) Individual and Aggregate Excess Risk Account Name Group Applicant/Sponsoring Organization Signature Group Applicant/Sponsoring Organization Printed Name Title S n U Date 1 ,0 1 -%A 'I IN o Revised: 06/07 00— 4q- ��: Certification of Authority Contracting Entity: Brazos County Contracts: ❑ Group Basic life ❑ Administrative Services • Group Supplemental Life • Portable Life • Universal Life • Group Dental • Group Disability Income ® Individual Excess Risk ® Aggregate Excess Risk ❑ Other (list) The Contracting Entity represents and warrants that upon the advice and opinion of its legal counsel the following is true and correct: • Contracting Entity has the general and specific powers under the Constitution and Laws of the State of Texas to enter into the above noted contract(s) with ReliaStar Life Insurance Company, its affiliates or subsidiaries, and to be bound by the terms thereof. • Contracting Entity has the authority to pay a portion of or all of the cost thereof (if applicable). • Contracting Entity has the authority to make payroll deductions if employees pay a portion or all of such cost. • Contracting Entity has complied with all applicable bid laws. Executed this -2hc( day o (day) i \data\sc \agreemnt \certfauth.doc 0199 N G ReiiaStar Life Insurance Company RE: Group Name: Brazos County Group #: This is to confirm that Brazos County, hereinafter referred to as THE EMPLOYER GROUP, has a Third Party Administrator agreement with MedEx, Inc. , hereinafter referred to as THE TPA, under which the TPA will generate the billing and/or submit payment for insurance coverage on the Employer Group to ReliaStar Life Insurance Company, hereinafter referred to as THE COMPANY. The Employer Group acknowledges that in performing services, the TPA is acting solely on behalf of the Employer Group and not as an agent or Third Party Administrator for the Company. The Employer Group understands and agrees that any payments are not considered received by the Company until they are reconciled by the Company's billing department. As such, the Company strongly encourages the Employer Group to verify there are adequate internal controls regarding premium administration at the TPA. Printed Name 5 r Title Sign, Date Cc: Plumhoff & Associates, Inc. Broker /Agent of Record ��,YQ 4(v ,�PJE KAY HAMILTON V BRAZOS COUNTY TREASURER 200S. Texas Ave. - Suite 240 �oF Bryan, Texas 77803 DATE: November 20, 2008 TO: Hon. Randy Sims, County Judge Hon. Lloyd Wassermann, Commissioner Hon. Duane Peters, Commissioner Hon. Kenny Mallard, Commissioner Hon. Carey Cauley, Commissioner Candy Gallego, Administrative Assistant FROM: Kay Hamilton, County Treasurer RE: Quarter Ending 09/30/08 Investment Report This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 2.3135% on the quarterly average balance of $2,314,979.61 invested with TexPool for the period ending 09/30/2008. Investment interest deposited during the quarter was $13,467.86. Actual ending balance for September 2008 was $2,319,529.06. The average Earnings Credit Rate on checking account interest for the quarter ending 09/30/2008 was 2.0867% netting $506,053.63 on an average depository balance of $96,337,785.45. Total year -to -date interest earned $1,759,899.72 Investment Strategy Because of the continuing volatile market conditions, the Brazos County Investment Strategy will remain biased toward safety of County funds first and foremost. With the U.S. economy in what some are calling "a recession" and "more difficult economic times ahead," it seems prudent to continue to keep the bulk of County funds in the County's depository where by law they are collateralized and not subject to loss. TexPool, as an overnight market, assures its investors "that we will remain absolutely vigilant in protecting your interest during these difficult times by maintaining a safe and liquid investment service for Public Funds. it 1 '*0 4 7 '�`Gi Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of Texas. INTEREST RATES AND EARNINGS BY MONTH TexPool CheckingAcct Earnings YTD TOTALS 73, 906.40 3.5385 1, 685, 993.32 2.9289 n_ Interest Interest Rate Interest Credit Rate October 2007 9,398.82 4.9280 159,740.02 4.24 November 2007 8,737.87 4.7144 142,265.40 4.25 December 2007 8,760.51 4.5565 142,297.89 3.62 Q/E 12/31/2007 26, 897.20 4.7330 444, 303.31 4.0367 January 2008 8,195.07 4.2460 171,573.88_ 3.35 February 2008 6,228.80 3.4374 157,079.33 3.10 March 2008 5,773.09 2.9723 120,640.14 2.47 Q/E 03/31/2008 20,196.96 3.5519 449,293.35 2.9733 April 2008 4,611.32 2.4471 70,814.21 1.61 May 2008 4,450.90 2.2812 70,905.57 1.64 June 2008 4,282.16 2.2635 144,623.25 2.08 Q/E 06/30/2008 13,344.38 2.3306 286,343.03 1.7767 July 2008 4,398.99 2.2460 187,987.35 2.21 August 2008 4,489.40 2.2878 162,838.86 1.98 September 2008 4,579 47 2.4068 155,227 42 2.07 Q/E 09/30/2008 13,467.86 2.3135 506,053.63 2.0867 YTD TOTALS 73, 906.40 3.5385 1, 685, 993.32 2.9289 n_ Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. Kay Hamilton, County Treasurer rri White, Chief Deputy Treasure I l — 2 1- Z o,D g Date Date ACKNOWLEDG !7 -v 4 Sims, County Judge date I c0 0 m N to of r- M v 693- 0 0 a C N LL ~ R L m C d Lf A- d X E O U O x W co O C; N T M co O O N L a� .Q E 0 a d co 4- O w+ c O E d .0 L W d w W O > _C W a c �o y.. O w N O U io O F- O O T V _ yr _ E N V a 2 L R as t 0 O a x m H t 3 m L l4 C4 _ 0 E H O C N 7 V O O E eo a� s N 0 O t0 Y O O m TEXPOOL QUARTER ENDING 09130/2008 ACTIVITY REPORT FUND 1 - POOLED FUND GROUP DATE DESC GENERAL FUND EXPO COMPLEX TOTAL 07/31/08 Jul Interest $ � 4398 99 3 eve€ PR$;3Q6;Q�1 20 Oa3Z4$ z i 08/31/08 Au ust Interest N2�� 46D 19 4,489 40 09/30/08 Se tember Interest 4 $ �'A9 /30IA. Se `tembeFBalance /NVESTMENTS BY FUND GROUP AND STRATEGY TYPE BOOK VALUE OF ALL INVESTED FUNDS FOR SEPTEMBER 2008 $ 2,319,529.06