HomeMy WebLinkAbout2009-02-17-6:00PM-REGULAR
~ t,.'c s o s s ~a
t% i r EB 1 3 FD 4= 3 1 ~G'1 r= o~ g4`r^a
;FEN, EI"j3gRA2' OS COUNTY i~r ~1Y, c 1 Via. A 11'
BRYAN, TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 17 FEBRUARY 2009 AT 6:00 IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH
TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_
1 . Invocation and Pledge of Allegiance Commissioner Peters_
2_ Call £or citizen's input and/or concerns-
Consider and take action on agenda items 3 - 25-
3- Budget Amendment 08/09 - 20.1 thrtl 20.2_
4_ Person-iiel Change or Status.
5_ Payment of Claims_
6. Proclamation 09-015 establishing the week o£ 22-28 February 2009 as Severe Weather
Awareness Week in Brazos County. 7. Proclamation 09-016 establishing 21 February through 18 April 2009 as Walk Across
Te_ras, an eight-week physical activity program to encourage a more active lifestyle.
8_ Creation o£ a start date for the use o£ Vacation and Floating Holiday cif granted) of the first day of the first pay period following the rollover_
9_ Revision to Section 2.01-2 and Section 2.03.8 of the Employee Manual reflecting the
creation of a start date for use of Vacation and Floating Holiday_
Office of tha County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77803 - Fax: (979) 36-1-4503
Commissioners Court Agenda
17 February 2009
Page 2
10. Appointment of the following individuals to the Homeland Security Advisory
Committee for 2009:
a. R. B. Alley, Fire Chief, City of College Station
b. Michael lkner, Police Chief, City of College Station
c. Brian Hilton, Emergency Management Coordinator, City of College Station
d. Bart Humphreys, Public Information Officer, City of College Station
e. Gary Balmain, Public Works, City of College Station
f. Michael Donoho, Fire Chief, City of Bryan
g. Peter Sheets, Assistant Police Chief, City of Bryan
h. Jerry Henry, Emergency Management Coordinator, City of Bryan
i. Betsy Godwin, Executive Director, Brazos County 911
j. Jim Barker, Deputy Fire Chief, South Brazos County Fire Department
k. Leslie Lutz, Emergency Planner, Texas A&M University
1. Kenny Mallard, Precinct 3 Commissioner, Brazos County
in. Jerome Losack, Deputy, Brazos County
n. Chuck Frazier, Emergency Management Coordinator, Brazos County.
11. Memorandum of Understanding with the Texas Department of Public Safety (TXDPS)
for funding to assist with costs associated with modifications required to interface with
programs or applications administered by TXDPS including but not limited to the
Automated Fingerprint Identification System (AFIS), Livescan System (LS), or Texas
Data Exchange (TDEx).
12. Comprehensive Underage Drinking Enforcement Program grant amendment agreement
with the Texas Department of Transportation for grant year FY2009.
13. Contract with Dr. Rany Cherian for the provision of medical services to inmates in the
Brazos County Jail; term of agreement is 2/01/09 through 9/30/09.
14. Interlocal Agreement with Milam County, Texas to house inmates from the Brazos
County Jail in the Milam County Jail in order to maintain a jail population in
compliance with Texas Minimum Jail Standards.
15. Contract with Documation for the addition of a fax board to the copier in the Justice of
the Peace Office, Precinct 2, Place 1.
16. Requisitions for the following capital purchases:
a. $8,600.00 to Bryan 800 for the installation of Arbitrators in all Constable
vehicles (requisition 00023041);
b. $57,280.00 to Data Radio Corp. for arbitrator equipment needed in all
Constable vehicles (requisition 00023042);
c. $53,652.44 to Insight Public Sector, Inc. for arbitrator equipment needed in all
Constable vehicles (requisition 00023047 and 00023048);
d. $13,228.45 to Hunton Trane Services for a water heater to be installed in the
Juvenile Services building (requisition 00023055).
l._"'" ..lo l
Commissioners Court Agenda
17 February 2009
Page 3
17. Permission to award Bid 2009-21, Herbicides and Surfactants, to the following
companies as stipulated on the bid tabulation sheet based on best price:
a. CWC Chemical, Inc. d. Red River Spec
b. CPS e. Alligare
c. Helena Chemical
18. Permission to award Bid 2009-25, Fence Building, to Hovorak Fence Construction
based on best price.
19. Permission to award Bid 2009-27, Hydrated Lime as follows based on best price:
Primary: Austin White Lime
Secondary: Chemical Lime.
20. Permission to award Bid 2009-29, Motor Grader Blades, to Valk Manufacturing based
on best price.
21. Tax Refund Applications for the following:
a. Five Nine Seven e. Mary Ann Reed Trust
b. William H. & Agnes Rupley f. ZTD, Inc. (2)
c. Billie Swonke g. Countrywide Tax Service
d. Norma Ruth McCoy
22. Bryan Texas Utilities' cost estimate of $24,454.89 to relocate an overhead electrical
line (at the County's request) on White's Creek Road to accommodate future roadway
improvements. Site is located in Precinct 1.
23. Payment Authorization in the amount of $358.00 to Tharp's Printing for the printing of
5-part forms for the Magistrate's Office; a purchase order was not obtained in advance.
24. Payment Authorization in the amount of $1,133.40 for payment to Jaime Becker, a
firearm examiner for expert testimony in the trial State vs. David Samarrippas; a
purchase order was not obtained in advance.
25. Payment Authorization in the amount of $238.05 to LaSalle Hotel for lodging of a
witness who testified in the State vs. P. David Romei trial; a purchase order was not
obtained in advance.
26. Acknowledgement of the 2008 Racial Profiling Report for the Pct. 4 Constable's Office
27. Announcement of interest items and possible future agenda topics.
28. Call for citizen input and/or concerns.
29. Agency / Board / Committee reports by Court members.
30. Adjourn.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102.
COMMISSIONERS' COURT
REGULAR MEETING
FEBRUARY 17, 2009
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners Courtroom in the
Brazos County Administration Building, 200 South Texas Avenue,
in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on
Tuesday, February 17, 2009 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 Peters gave the invocation and led the
pledge of allegiance.
There was no citizen input/and or concerns.
The first matter before the Court was Budget Amendment
#08/09-20.1 through 20.2, which would reallocate funds for
Risk Management, and the Purchasing Department. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Vol I 1 Page l o,3
Commissioners Court meeting February 17, 2009
2
Court voted unanimously to approve the budget amendment as
submitted, a copy of which is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the change of status as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7058954 through 7059181
On motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Claims as
submitted.
The County Judge read aloud Proclamation 409-015
designating the week of February 22 through the 28, 2009 as
"Severe Weather Week". The Court joins with the Governor of
the State of Texas to urge everyone in our community to learn
more about and to participate in severe weather preparedness
activities available in Brazos County. On motion by
Commissioner Peters, seconded by Commissioner Cauley the
Court moved to proclaim the week of February 22 through the
28, 2009 as "Severe Weather Week" throughout Brazos County.
Vol U$ Pge 10
Commissioners Court meeting February 17, 2009
3
The County Judge read aloud Proclamation 409-016
designating February 21 through April 18, 2009 as "Walk
Across Texas". The Court urges everyone in our community to
participate in eight weeks of fun and fitness and increase
their physical activity level. On motion by Commissioner
Cauley, seconded by Commissioner Peters the Court moved to
designate February 21 through April 18, 2009 as "Walk Across
Texas" throughout Brazos County.
The next matter before the Court was consideration of
the creation of a start date for the use of vacation and
floating holiday (if granted) and that being the first day of
the first pay period following the rollover. This is
equivalent to the first full pay period of the new calendar
year. This is necessitated in order to eliminate manual
processing and potential for errors. On motion by
Commissioner Peters, seconded by Commissioner Mallard, the
Court voted unanimously to approve the creation of a start
date for the use of vacation and floating holiday (if
granted). A copy is attached.
The next matter before the Court was a revision to Section
2.01.0 and addition of Section 2.03.8 to the Employee Manual
reflecting the creation of a deadline in which vacation and
floating holiday (if granted) for the current calendar year be
Vol 11~ Page 105
Commissioners Court meeting February 17, 2009
4
used by the last day of the pay period that includes days in
the previous calendar year and new calendar year. On motion by
The County Judge, seconded by Commissioner Peters, the Court
voted unanimously to approve the revision and addition to the
Employee Manual. A copy is attached. Let it be noted that
this is incorrectly stated on the agenda.
The Court next considered the appointment of individuals
to serve on the Homeland Security Advisory Committee for 2009.
On motion by the County Judge, seconded by Commissioner Cauley
the Court voted unanimously to appoint the following
individuals to serve on the Homeland Security Advisory
Committee for 2009:
a. R. B. Alley, Fire Chief, City of College
Station
b. Michael Ikner, Police Chief, City of College
Station
c. Brian Hilton, Emergency Management Coordinator,
City of College Station
d. Bart Humphreys, Public Information Officer,
City of College Station
e. Gary Balmain, Public Works, City of College
Station
f. Michael Donoho, Fire Chief, City of Bryan
g. Peter Sheets, Assistant Police Chief, City of
Bryan
h. Jerry Henry, Emergency Management Coordinator,
City of Bryan
i. Betsy Godwin, Executive Director, Brazos County
911
j. Jim Barker, Deputy Fire Chief, South Brazos
County Fire Department
k. Leslie Lutz, Emergency Planner, Texas A&M
University
Vol (1? Page I 0 (o
Commissioners Court meeting February 17, 2009
5
1. Kenny Mallard, Precinct 3 Commissioner, Brazos
County
m. Jerome Losack, Deputy, Brazos County
n. Chuck Frazier, Emergency Management Coordinator,
Brazos County
The next matter before the Court was consideration of a
Memorandum of Understanding with the Texas Department of Public
Safety (TXDPS) for funding to assist with costs associated with
modifications required to interface with programs or
applications administered by TXDPS including but not limited to
the Automated Fingerprint Identification System (AFIS)
'
Livescan System (LS), or Texas Data Exchange (TDEx). Judge
Amanda Matzky will be the primary liason for implementation of
this agreement. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to approve
the Memorandum of Understanding and authorized the County Judge
to execute the document. A copy is attached.
The Court next considered approval of the Comprehensive
Underage Drinking Enforcement Program Grant amendment agreement
with the Texas Department of Transportation for grant year
FY2009. This is necessitated due to an Internal Revenue
Service decision that the peace officers that were paid as
"contract" employees do not meet the requirements for
"contract" employees and needed to be paid as "temporary"
employees. The funds allocated for these employees need to be
Vol Page
Commissioners Court meeting February 17, 2009
6
transferred within the grant budget. The Texas Department of
Transportation policy requires an amendment be submitted to
make this adjustment within the budget, reapprove, and obtain
signatures again. On motion by Commissioner Cauley, seconded
by Commissioner Peters, the Court voted unanimously to approve
the amendment agreement and authorized the County Judge to
execute the document. A copy is attached.
The next matter before the Court was consideration of a
contract with Dr. Rany Cherian for the provision of medical
services to inmates in the Brazos County Jail. This ends the
month to month agreement. The contract includes an increase of
$13,167.00 for the 2008-2009 budget year and services for
Juvenile Detention are no longer included in this agreement.
The term of the contract is from February 1, 2009 through
September 30, 2009. On motion by Commissioner Peters, seconded
by Commissioner Cauley, the Court voted unanimously to approve
the contract with Dr. Rany Cherian and authorized the County
Judge to execute the document. A copy is attached.
The Court next considered an Agreement to House Brazos
County Inmates in Milam County. The purpose of the agreement is
to maintain the Brazos County Jail population in compliance
with Texas Minimum Jail Standards. Due to the demolition of
the temporary jail facility the capacity has been reduced from
Vol 11 ~ Page 109
Commissioners Court meeting February 17, 2009
7
610 to 562. The Jail anticipates moving as many as 50 inmates
to other facilities during construction of the new jail. The
cost to Brazos County will be $45 per diem. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the Court
voted unanimously to approve the Agreement and authorized the
County Judge to execute the document. A copy is attached.
The next matter before the Court was consideration of a
Copier Contract with Documation for the addition of a fax board
to the office copier in the office of Justice of the Peace,
Precinct 2, Place 1. The cost for the addition will be $24.00
per month. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the contract and authorized the County Judge to execute the
document. A copy is attached.
The Court proceeded to consider the following requisitions
for capital purchases:
a. $8,600.00 to Bryan 800 for the installation of
Arbitrators in all Constable vehicles (requisition
00023041)
b. $57,280.00 to Data Radio Corp. for arbitrator equipment
needed in all Constable vehicles (requisition 00023042)
c. $53,652.44 to Insight Public Sector, Inc. for
arbitrator equipment needed in all Constable vehicles
(requisition 00023047 and 00023048)
d. $13,228.45 to Hunton Trane Services for a water heater
to be installed in the Juvenile Services building
Vol (19 Page 109
Commissioners Court meeting February 17, 2009
8
(requisition 00023055).
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve items a-d.
The Court next considered awarding Bid No. 2009-21,
Herbicides and Surfactants. Charles Wendt, Assistant
Purchasing Agent, made the following recommendations:
CWC- Kernit, Outrider, Milestone VM Roundup Pro Conc. 30
Gal 2.5 Gal.
CPS - 2,4-D (Platoon), Veg. Based Seed Oil Conc.
Helena -Arsenal, Spike, Tordon 22K
Red River - Roundup Pro
Alligare - Garlon 3A, Garlon 4, Nonionic Surfactant,
Methylated Seed Oil, Remedy
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to accept the
recommendation of the Assistant Purchasing Agent and award the
contract as noted above. A copy of the bid tabulation is
attached.
The Court next considered awarding Bid No. 2009-25, Fence
Building. Charles Wendt, Assistant Purchasing Agent,
recommended acceptance of the bid submitted by Hovorak Fence
Construction. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to accept
the recommendation of the Assistant Purchasing Agent and award
Vol 11 ~ Page 110
Commissioners Court meeting February 17, 2009
9
the contract to Hovorak Fence Construction. A copy of the
bid tabulation is attached.
The next matter before the Court was consideration of Bid
No. 2009-029, Motor Grader Blades. Charles Wendt, Assistant
Purchasing Agent, recommended acceptance of the bid submitted
by Valk Manufacturing. On motion by Commissioner Peters,
seconded by Commissioner Mallard, the Court voted unanimously
to accept the recommendation of the Assistant Purchasing Agent
and award the contract to Valk Manufacturing. A copy is
attached.
The Court next considered awarding Bid No. 2009-27,
Hydrated Lime. Charles Wendt, Assistant Purchasing Agent,
made the following recommendation:
Primary - Austin White Lime
Secondary - Chemical Lime
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to accept the
recommendation of the Assistant Purchasing Agent and award the
contract as noted above. A copy of the bid tabulation is
attached.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
Vol
--tL- L page
Commissioners Court meeting February 17, 2009
10
a. Five Nine Seven, over payment $18.98
b. William H. & Agnes Rupley, over payment $25.02
c. Billie Swonke, over payment $27.29
d. Norma Ruth McCoy, over payment $8.52
e. Mary Ann Reed Trust, over payment $16.29
f. ZTD, Inc. (2), over payment $588.29, 392.73
g. Countrywide Tax Service, payment in error $46.75
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the tax
refund applications.
The Court next considered acceptance of Bryan Texas
Utilities cost estimate of $24,454.89 for relocation of an
overhead electrical line on White's Creek Road to accommodate
future roadway improvements in Precinct 1. On motion by
Commissioner Wassermann, seconded by Commissioner Peters, the
Court voted unanimously to accept the Bryan Texas Utilities
cost estimate of $24,454.89 for relocation of an overhead
electrical line on White's Creek Road.
The next matter before the Court was consideration of a
payment authorization in the amount of $358.00 to Tharp's
Printing for the printing of 5 part forms for the Magistrate's
Office. A purchase order was not obtained in advance. On
motion by Commissioner Peters, seconded by Commissioner Cauley,
the Court voted unanimously to approve the payment
authorization.
The Court next considered a payment authorization in the
Vol 119 Page 11A
Commissioners Court meeting February 17, 2009
11
amount of $1,133.40 to Jaime Becker, a firearm examiner for
expert testimony in the trial. A purchase order was not
obtained in advance. On motion by Commissioner Peters,
seconded by Commissioner Mallard, the Court voted unanimously
to approve the purchase order.
The next matter before the Court was consideration of a
payment authorization in the amount of $238.05 to the La Salle
Hotel for lodging for a witness in a trial. A purchase order
was not obtained in advance. On motion by Commissioner Peters,
seconded by Commissioner Cauley, the Court voted unanimously to
approve the payment authorization.
The Court acknowledged receipt of the 2008 Racial
profiling Report from the office of Constable, Precinct 4.
There were no announcements of interest items and
possible future agenda topics.
Under Citizens input, the following spoke:
Sheriff Chris Kirk
a) There were 525 inmate in the local jail, 36
in the Anderson jail, 77 are on electronic
monitoring and 27 are pending electronic
monitoring.
Under Agency/Board/Committee Reports by Court members
the following spoke:
Commissioner Mallard
Vol (0 & Page l ! ~3
Commissioners Court meeting February 17, 2009
12
a) He reported on the Texas High Speed Rail.
They have joined with the California and
Florida rail.
There being no further business to come before the
Court, the meeting was adjourned.
Vol Page f 14
The foregoing minutes of the Commissioners Court meeting held
February 17, 2009 have been examined and are approved in open
Court this the 17fi- day of M[;K~ 2009, in Bryan,
Brazos County, Texas.
Randy S' s Lloyd V kssermann
Count Judge Commissioner, Precinct 1
Duane Peters J
Commissioner, Precinct 2 Kenny Malla
Commissioner, Precinct 3
C j2y Cau ey, Jr
Commissi ner, Precinc 4
Attest:
ar McQueen
County Clerk
Vol I 1 g Page l~
BRAZOS COUNTY COMMISSIONERS COURT
Meeting on
, 2009 @
9 ll~~O-
Name Organization / Department
z
Mis C ~
AP Na
C
c~L
S d
PAGE of
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09 - 20.1 thru 20.2
On this the 17th day of February 2009 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 17 February 2009 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 17th day of February 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Rand ims, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 20.1
2/17/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 12500100 59100000 CR DDEA
0100 12500100 67281000 800.00
DR E ui ment- Electronic 800.00
Risk Management
To reallocate funds to allow for the urchase of a di ital camera.
Department Approval Date
Prepared By:,
Dafe: 2/11/2009
Countj%'dge Approval Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 20.2
2/17/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME
0100 16500100 59100000 CR DDEA Increase Decrease
0100 16500100 60360000 228.51
DR Furniture 228.51
Purchasing Department
To reallocate funds from DDEA to allow for the urchase of a table and one bookshelf for the office.
Department Appro~ Date
Date' 2/11/2009 /
1141/?/0~
County J-d Approval Date
t1l
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: February 17, 2009
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Building Maintenance Sweed, Shirley Resignation
Constable Precinct 1 Sayers, Shawn Resignation
Sherriffis Office- Jail Storms, Gerald Resignation
Approved in Commissioners' Court: February 17, 2009:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
(P
BRAZOS COUNTY
* HUMAN RESOURCES DEPARTMENT
200 S. TEXAS AVE SUITE 206, BRYAN,TX 77803
y3~ti PHONE (979) 361-4114 FAX (979) 823-6993
Y OF
MEMORANDUM
Date: February 11, 2009
To: Commissioner's Court
From: Jennifer Salaza
HR Director qT11S
Subject: Start Date for Using Vacation and Floating Holiday
Please consider and take action on the following:
Creating a start date for the use of Vacation and Floating Holiday (if granted) of the first day of
the first pay period following the rollover. (This is equivalent to the first full pay riod of the
new calendar year. For example for 2009-2010: The last day to use 2009 Va ati n and Floating
Holiday will be 118110 and the first day to use 2010 Vacation and Floating Holiday (if granted)
will be 119110.)
As you are aware the Commissioners Court approved the creation of a deadline for using
Vacation and Floating Holiday each year. This January the Human Resource Department
conducted the roll over and it was discovered that although the deadline helped in resolving
some of the issues that were occurring in the past, it did not fully resolve them. Even with the
deadline in place the manual process between the Payroll Manager and HR was not eliminated
or even reduced and the amount of time spent manually adjusting leave banks which in turn
leaves the door open for errors was not reduced either. For these reasons I respectfully request
the Court consider implementing a start date of the first day of the first pay period following the
roll over for the use of Vacation and Floating Holiday (if granted).
With your approval, this change will add the following statements to the listed sections of the
Employee Manual:
Section 2.01.2: Employees may use the vacation earned in the new calendar year on the first
day of the first full pay period of the new calendar year.
Section 2.03.8: Employees may use their Floating Holiday for the new calendar year on the first
day of the first full pay period of the new calendar year.
APP D:
Thank you.
e~6710-~-
R y Sims, County Judge date
Attached: Memo regarding "Creation of the Deadline for use of Vacation and F ating Holiday previously approved by Court.
BRAZOS COUNTY
N HUMAN RESOURCES DEPARTMENT
* * 300 E. 26TH ST. SUITE 107 BRYAN, TEXAS 77803-5327
n r„ PHONE (979) 361-4114 FAX (979) 823-6993
/^0
J~ ~ 1 A-V
yTr or 8R~
MEMORANDUM
Date: June 27, 2008
To: Commissioner's Court
From: Jennifer Salazar
HR Director
Subject: Revision & Addition to Employee Manual Revised
Please consider and take action on the following:
Creating a deadline in which Vacation and Floating Holiday (if granted) for the current calendar
year be used by the last day of the pay period that includes days in the previous calendar year
and the new calendar year.
With your approval the following sections will be added and revised as follows:
Addition of Section 2.03.8 Floating Holiday:
Commissioner's Court may approve a Floating Holiday when approving the County Holidays.
Commissioner's Court determines whether or not to allow for a floating holiday each year. A
floating holiday is a personal day available to full-time and part-time employees, excluding
temporary's, of Brazos County upon completion of six (6) months of employment, with approval
from their Department Head. The number of hours or duration of the Floating Holiday is to be
equal to the hours that would have been worked by the employee on a regular work day.
Floating Holiday must be taken by the last day of the pay period that includes days in the
previous calendar year and the new calendar year.
Revision of Section 2.01.2 Scheduling:
Old: After the first year on December 31 st, any annual leave balance in excess of the
maximum allowable shall be reduced to the maximum without compensation.
New: Vacation must be taken by the last day of the pay period that includes days in the
previous calendar year and the new calendar year. After this deadline, any annual leave
balance in excess of the maximum allowable shall be reduced to the maximum without
compensation.
Explanation for request:
Currently, the vacation rollover is conducted after the last full pay period for December is
completed, which is usually the 1 st payroll in January. After payroll is run and the last accrual is
incurred, Human Resources will have the system perform the leave bank rollover. Since the
following pay period consists of some days from December, it is the department's responsibility
to note on the timesheet if any vacation and/or floating holiday in this pay period were used in
December. The Payroll manager will track the employees and the number of hours that were
taken in December for this payroll. The Payroll Manager will then notify HR, after payroll has
been processed, of employees who have taken vacation and/or floating holiday and the number
of hours taken in December which was included in the pay after the rollover has occurred. HR
compares the rollover to Payroll's report to see if employees lost any time. If so, HR must then
manually adjust their leave banks in the system to account for time taken off up to the end of
December.
Therefore, departments and employees will have three payrolls in which the leave banks may or
may not be correct. This manual process is very time consuming, creates a lot of confusion
among supervisors and employees, and it leaves the door open for a massive amount of errors.
For these reasons I respectfully request the Court consider a deadline for the usage of Vacation
and Floating Holiday (if granted).
Thank you.
u
APPRO
R y Sims, County Judge date
VOLt1f;WE -W
TXDPS CRIME RECORDS SERVICE MOU
Page 1 of 6 * -:~t
Memorandum of Understanding between
Texas Department of Public Safety
and
Brazos County
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL LAW ENFORCEMENT AGENCY AGREEMENT FOR FUNDING
SECTION 1. PARTIES TO THE AGREEMENT
This Agreement is entered into by and between Brazos County hereinafter referred to
as "Recipient" and the Texas Department of Public Safety, hereinafter referred to as
"TXDPS."
SECTION 2. GENERAL PURPOSES AND OBJECTIVES
2.1 General Purpose
TXDPS Crime Records Service has identified funding to assist local agencies in costs
associated with modifications to the Recipient's record management system (RMS), in
order to interface with programs or applications administered by TXDPS as criminal
justice information systems (CJIS) including but not limited to Automated Fingerprint
Identification System (AFIS), Livescan System (LS), or Texas Data Exchange (TDEx).
Funds provided will allow the state of Texas to continue to improve the accuracy,
completeness, record quality and timeliness of data through increased submissions of
CJIS related data from local agencies RMS to TXDPS.
2.2 Objectives
This agreement will provide local law enforcement agencies such as Recipient with
funding assistance in order to develop and implement RMS modifications necessary to
interface with electronically with TXDPS CJIS Programs. In order to receive the
funding, Recipient must agree to comply with the requirements of applicable state laws
and requirements mandated for funding by TXDPS.
SECTION 3. ELIGIBILITY
3.1 Recipient Authority
Recipient represents and warrants that:
a) it has the power and authority to enter into this agreement and to perform in a timely
manner the obligations created hereunder;
b) the execution, delivery, and performance of this agreement by Recipient has been
duly authorized by all necessary action on the part of Recipient, and;
c) this agreement constitutes the valid and binding obligation of Recipient and its
successors and assigns, enforceable against it in accordance with its terms.
December 16, 2008
Version 1.0
TXDPS CRIME RECORDS SERVICE MOU
Page 2 of 6
3.2 General Obligations
Recipient acknowledges the following general obligations: that it shall not have the
power or right to enter into a contract with a third party:
a) for any work or assign any of the rights and obligations under this agreement
without the prior written approval of the TXDPS except as provided in this
agreement,
b) it shall prepare and deliver such reports as may be required by TXDPS, and
c) All third party RMS vendors performing services on behalf of Recipient MUST
have a fully executed FBI CJIS Security Addendum (not attached, made
available upon submission of an originally signed). Third party RMS vendor for
the Recipient must submit an originally signed CJIS Security Addendum
Certification for each employee performing duties related to this project prior to
final contract award. Each original Certification must include an original
signature of the employee and the Vendor's (Contractor's) representative. Non-
compliance by third party RMS vendor will be cause for termination of this MOU.
3.3 Entire Agreement
This agreement does not create any rights in any person or entity other than the
Recipient and TXDPS. This agreement may be amended or modified only by
subsequent written agreement by both parties. This agreement contains the entire
understanding between the parties. The failure of either party to insist in any one or
more instance upon performance of any term or condition of this agreement shall not
be construed as a waiver of future performance. The obligations of either party with
respect to such term shall continue in full force and effect,
3.4 Timely Performance
Recipient is aware of the importance of timely and effective performance under this
agreement.
SECTION 4. RECIEPENT PARTICIPATION REQUIREMENTS
4.1 Recipient Performance Metrics
Recipient agrees to complete, install and implement the work indentifed in Schedule A
within 12 months from the date of the execution of this agreement. Recipient agrees to
continue to perform related data submissions or extractions as required by GC§411,
CCP§60, 61, or 62, or current TXDPS Policies or Guidelines for applicable program.
4.2 TXDPS Policies and Guidelines
By signing this agreement, Recipient certifies that its personnel responsible for the RMS
modification implementation have read, understood, and will fully comply with all
relevant TXDPS Policies and Guidelines listed in Schedule A. Recipient agrees to keep
all personnel responsible for the TXDPS Project identified in Schedule A, fully informed
as to all relevant policies and guidelines.
4.3 Inspection
December 16, 2008
tl.,,.__ Pp Version 1.0
TXDPS CRIME RECORDS SERVICE MOU
Page 3 of 6
TXDPS shall have the authority to inspect and audit the records and operations of
Recipient to determine compliance with this agreement and all applicable laws and
regulations.
SECTION 5. STATEMENT OF WORK TO BE PERFORMED
The statement of work (SOW) to be performed is provided in Schedule A. TXDPS has
dedicated funding on behalf of the Recipient to assist in modifying the Recipient's RMS
to participate. Recipient understands that the use or application of funds received
under this agreement for the supplantation of existing resources or funds is prohibited.
SECTION 6. LIAISON OFFICIALS AND NOTICES
6.1 Liaison Officials
The parties designate the following primary liaisons for implementation of this
agreement. Recipient agrees to provide notice of any changes in this information within
10 business days after the change.
Recipient:
HONORABLE AMANDA MATZKE (Name)
JUDGE, BRAZOS COUNTY COURT AT LAW #1 (Title)
BRAZOS COUNTY (Recipient Name)
300 E. 26th STREET, SUITE 210 (Mailing Address)
BRYAN, TEXAS 77803 (City, State Zip)
(E-mail Address)
(____979_x-_361-4250 (Tel.)
(_979_)-_361-4519 (Fax)
TXDPS Livescan Program; TXDPS Contract Manager:
Angie Klein, Manager Desiree Taylor, Manager
CHRI Processing Bureau CRS Support Bureau
Texas Department of Public Safety Texas Department of Public Safety
P.O. Box 4143 MSG 0231 P. O. Box 4143 MSG 0230
Austin, Texas 78765-4143 Austin, Texas 78765-4143
angie.klein aC _txdps state tx us desiree.taylor(-txdps state tx us
(512) 424-2471 (Telephone) (512) 424-2968 (Telephone)
(512) 424-2238 (Facsimile) (512) 424-5911 (Facsimile)
6.2 Notices
December 16, 2008
Version 1.0
TXDPS CRIME RECORDS SERVICE MOU
Page 4 of 6
All notices pursuant to this agreement shall be in writing and shall be delivered to the
liaisons by U,S. certified mail, postage paid, and properly addressed.
6.3 Invoices
Recipient agrees to submit invoice(s) to TXDPS for reimbursement to the TXDPS
Contract Manager listed above in Section 6.1 following Section 8.2 Procedure for
Reimbursement.
SECTION 7. TERMINATION
Either party may, without cause, terminate this MOU at any time by giving thirty (30)
days' written notice to the other party. Recipient shall be entitled to all sums due and
owing up to the day written notice is received by the non-terminating party, provided
that such services performed are in accordance with the provisions of this agreement.
Recipient shall be required to complete its services within the thirty (30) day period.
Section 7.1 Legislative Action
TXDPS is a state agency whose authority is subject to the actions of the Texas
Legislature and the United States Congress. If TXDPS and/or the subject matter of this
MOU become subject to a legislative or regulatory change or the revocation of statutory
or regulatory authority that would render the deliverables to be provided under this MOU
impossible, unnecessary, void or substantially amended or that would terminate the
appropriations for this MOU, TXDPS may immediately terminate this MOU without
penalty to, or any liability whatsoever on the part of, TXDPS, the State of Texas and the
United States.
Termination under this section is immediate, so TXDPS is not required to provide thirty
(30) days notice under this section.
Section 7.2 Termination by Default
In the event that Recipient or the Recipient's RMS Contractor fails to carry out or
comply with any of the requirements of this MOU with TXDPS, TXDPS may notify
Recipient of such failure or- default in writing and demand that the failure or default be
remedied within ten (10) days. In the event that Recipient fails to remedy such failure or
default within the ten (10) day period, TXDPS will have the right to cancel this contract
upon ten (10) days written notice.
The cancellation of this MOU, under any circumstances whatsoever, will not affect or
relieve Recipient from any liability that may have been incurred pursuant to this MOU,
and such cancellation by TXDPS will not limit any other right or remedy available to
TXDPS at law or in equity.
Section 7.3 Termination for Cause or Convenience
This Contract may be terminated as follows:
a) For Convenience: This MOU may be terminated, without penalty, by TXDPS, without
cause by giving thirty (30) days written notice of such termination to Contractor.
b) For Cause: This MOU may be terminated by TXDPS if Recipient or the Recipient's
December 16, 2008
Z R7 Version 1.0
TXDPS CRIME RECORDS SERVICE MOU
Page 5 of 6
RMS Contractor fails to perform as agreed or is otherwise in default, without the
necessity of complying with the requirements in the section herein entitled
"Termination by Default."
c) Termination for listing on Federal Excluded Party List, on the Terrorism List
(Executive Order 13224) or on the State of Texas Debarred Vendor List: TXDPS
shall have the absolute right to terminate this MOU without recourse as follows:
a. If the Recipient's RMS Contractor becomes listed on the prohibited vendors
list authorized by Executive Order #13224 "Blocking Property and Prohibiting
Transactions with Persons Who Commit, Threaten to Commit, or Support
Terrorism," published by the United States Department of Treasury, Office of
Foreign Assets Control;
b. If Recipient's RMS Contractor becomes suspended or debarred from doing
business with federal government as listed in the Excluded Parties List
(EPLS) maintained by the General Services Administration; or
c. If the Recipient's RMS Contractor becomes listed on the State of Texas
Debarred Vendor List. TXDPS will provide Recipient's RMS Contractor with
written notice to terminate the contract, which termination will become
effective immediately upon Recipient's RMS Contractor's receipt of the
notice.
Section 7.4 Termination Liability (for Termination for Convenience)
In no event will termination for convenience by TXDPS give rise to any liability
whatsoever on the part of TXDPS whether such claims of the Recipient or the
Recipient's RMS Contractor are for compensation for anticipated profits, unabsorbed
overhead, interest on borrowing, or for any other reason. TXDPS' sole obligation
hereunder is to pay the Recipient for deliverables ordered and received prior to the date
of termination, if TXDPS accepts such deliverables.
SECTION 8. COST REIMBURSEMENT
8.1 Contract Amount
The total MOU award amount is specified in Schedule A. A budget for the use of funds
is specified in Schedule A. Any budget deviations shall be approved by TXDPS before
initiation of the desired change. The parties agree that the amount provided is fair
compensation for the services or functions provided.
8.2 Procedure for Reimbursement
Payments will be made from current revenues available directly to the Recipient.
Recipient invoices shall include the following as applicable.:
a) delivery date;
b) description of services received;
c) quantity and unit price(s);
d) RMS Contractor's invoice;
e) appropriate payee identification information.
December 16, 2008 Version 1.0
..I OV
TXDPS CRIME RECORDS SERVICE MOU
Page 6 of 6
SECTION 9. LIABILITY FOR HARM
To the extent authorized by law, Recipient agrees to indemnify and hold harmless
TXDPS, its Director, and its employees from and against any and all claims, demands,
actions and suits, including but not limited to any liability for damages by reason of or
arising out of any false arrest or imprisonment or any cause of action whatsoever,
arising out of or involving any negligence on the part of Recipient or its employees in
the implementation of this agreement.
SECTION 10. CERTIFICATIONS
The undersigned contracting parties do hereby certify that:
1) The services specified above are necessary and essential for activities that are
properly within the applicable statutory functions and programs of the affected
parties;
2) The proposed arrangements serve. the interest of the efficient and economical
administration of the State of Texas; and
3) The services, supplies or materials contracted for are not required by Section 21 of
Article 16 of the Constitution of the State of Texas to be supplied under contract to
the lowest bidder. DPS certifies that it has authority to make this agreement under
Chapter 411.006 of the Texas Government Code, and Chapter 411, Subchapter F
of the Texas Government Code.
SECTION 11. EXECUTION
For the faithful performance of the terms of this MOU, the parties, by their authorized
representatives, affix their signatures and agree that they have authority to bind their
respective agencies to the provisions of this MOU and that they are so bound. This
MOU may be executed by the parties in duplicate.
MOU Approved by:
_BRAZOS COUNTY Texas Department Of Public Safety
(Name of Recipient)
(Signature of Authorized Representative-Recipient) (Signature of Authorized Representative-TXDPS)
_RANDY SIMS
(Printed Name of Authorized Representative-Recipient) (Printed Name of Authorized Representative-TXDPS)
BRAZOS COUNTY JUDGE
(Title of Authorized Representative- Recipient) (Title of Authorized Representative- TXDPS)
DATE: DATE:
December 16, 2008+x- Version 1.0
IMPS CRIME RECORDS SERVICE
Coutt ID Prged SOW
Page 2 of 2
Contractual
Other
TOTAL CONTRACT AMOUNT $
MOU AND SOW PERFORMANCE METRICS
Recipient agrees to complete the RMS to Court ID Livescan interface by August 31,
2000. Recipient agrees to submit electronically all applicable fingerprint court events on
a timely basis.
POLICIES AND GUIDELINES
By signing this agreement, Recipient certifies that its personnel responsible for the
RMS modification implementation have read, understood, and will fully comply with all
TXDPS Livescan policies and guidelines related to EAR found online at
ftp://crspub.txdps.statp-.bc.us] . Recipient will keep all personnel responsible for TXDPS
Livescan fully informed as to all current or future policies and guidelines.
MOU AND SOW TERM
The MOU and SOW shall become effective on the date signed by the last of the two
parties. The term of this MOU and SOME expires can August 31, 2009.
EXECUTION'
For the faithful performance of the terms of this SOW, the parties, by their authorized
representatives, affix their signatures and agree that they have authority to bind their
respective agencies to the provisions of this SOW and that they are so bound. This
SOW may be executed by the parties in duplicate.
Statement of Work Approved by:
6 s Nr~- Texas Department Of Public Safety
(Name of ve
(SSnattan of Authorized reser>htive-Recipient) (SignM- of Authorized Representative-UDPS)
Rv S rM S
(Pinted Name of AutmIked Representative-Recipient) (Printed Name of Authorized Representative-?mPS)
-3mz IDs Cou rK~c~
(Title of Authorized Representative Recipient) (Toe of Authorized Rep--rtahve- TXDPS)
DATE: .2117101 DATE:
December 16, 2009 Version 1.0
130
MPS CRIME RECORDS SERVICE
Court ID Project SUN
Page 1 or 2
SCHEDULE A
STATEMENT OF WORK (SOW)
Court Identification Pilot Project
Recipient will implement RMS modifications through the purchase of software and/or
professional services necessary to create an xmI file and FTP the fife to the Court
Identification Livescan device to facilitate communication between the Court RMS and
the livescan device in order to automatically populate demographic data necessary for
the creation of the KIST record and to eliminate the need for duplicate data entry.
Timeline (please provide the number of hours as estimated to provide each of the
different service types);
Design
Development
Testing
Implementation/Production
RECIPIENT RMS MODIFICATIONS
Future RMS modifications, enhancements, upgrades, replacement, conversion or
alterations must accommodate all functionality. implemented through this MOU and
SOW without impact to performance or submissions. Recipients are advised to include
relevant requirements or technical specifications which would affect functional
performance for TXDPS EAR.
WARRANTY AND MAINTENANCE
Third party vendors MUST agree to warrant the Recipient's RMS modifications or
resulting product delivered as the result of this MOU for a minimum period of six (6)
months after documented user acceptance of each deliverable at no additional cost to
the Recipient or TXDPS to be free of defects and meet or exceed all performance
requirements stated in relevant TXDPS policies or guidelines. All maintenance and
support on the Recipients RMS will be the responsibility of the Recipient upon warranty
expiration.
MOU AMOUNT
Recipient will receive funding from the TXDPS the amount of $ 10, 000.00
BUDGET DETAIL
The following represents the budget outlined for this SOW for the period stated in MOU
and SOW Term:
Personnel Not an allowable cost under this MOU
Fringe Benefits Not an allowable cost under this MOU
Travel Not an allowable cost under this MOU
Equipment Not an allowable cost under this MOU
Supplies Not an allowable cost under this MOU
December 16 2008 Version 1.0
Texas Traffic Safety eGrants
Fiscal Year 2009
Organization Name: Brazos County Attorney's Office
Legal Name: Brazos County Attorney's Office
Payee Identification Number: 17460004330038
Project Title: Brazos County Comprehensive Underage Drinking Program
ID: 2009-BrazosCA-G-MYG-Yr1-0226 (1)
Period: 10/01/2008 to 09/30/2009
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Amendment : 1
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the Department and the,
Brazos County Attorney's Office hereinafter called the Subgrantee, and becomes
effective then fully executed by both parties. For the purpose of this agreement, the
Subgrantee is designated as a(n) Local Government.
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2009.
Project Title: Brazos County Comprehensive Underage Drinking Program
Project Description: Regional Underage Drinking Task Force
Grant Period: This Grant becomes effective on 10/0112008 or on the date of final signature
of both parties, whichever is later, and ends on 09/30/2011 unless terminated or otherwise
modified.
Total Awarded: $343,863.51
Amount Eligible for Reimbursement: $184,342.61
Match Amount: $159,520.90
Program Income: $0.00
~t 133
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Amendment : 1
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer
of the organization for which she/he has executed this agreement and that she/he has full
and complete authority to enter into this agreement on behalf of the organization.
THE SUBGRANTEE THE STATE OF TEXAS
Executed for the Executive Director and
Approved for the Texas Transportation
Commission for the purpose and effect of
Brazos County activating and/or carrying out orders, established
policies or work programs approved and
authorized by the Texas Transportation
Commission
By: By:
[Authorized ignature] [District Engineer Texas Department of
Transportation]
(Can~cr ~inAs
[Name] [Name]
[Title] [Title]
Date: A/f -7 f U9 Date:
Under the authority of Ordinance or By:
Resolution Number (for local
government): Director, Traffic Operations Division Texas
(If Applicable) Department of Transportation (Not required for
local project grants under $100,000.00)
[Resolution Number] Date:
a
134
General Information
Project Title Brazos County Comprehensive Underage Drinking Program
Project Description Regional Underage Drinking Task Force
How many years has your organization received funding for this project?
This will be our second year.
Project Director Gerald Kinard
Name
Organization Address 300 East 26th Street
Suite 325
Bryan, TX 77803
Mailing Address
Multi Year Proposal Selection
Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this
Agreement, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subgrantee shall
furnish the Department with satisfactory proof of its compliance therewith.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations,
policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations),
Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB
Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB
Circular A-133; and the Department's Traffic Safety Program Manual, as they relate to the
application, acceptance, and use of federal or state funds for this project. Also, the
Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or
similar action has been duly adopted or passed as an official act of the applicant's
governing body, authorizing the filing of the application, including all understandings
and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964
(Public Law 88-352), as amended, and in accordance with that Act, no person shall
discriminate, on the grounds of race, color, sex, national origin, age, religion, or
disability.
C. It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC
(United States Code) §§4601 et seq.; and United States Department of
Transportation (USDOT) regulations, "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which
provide for fair and equitable treatment of persons displaced as a result of federal
and federally assisted programs.
D. It will comply with the provisions of the Hatch Political Activity Act, which limits the
political activity of employees. (See also Article 25, Lobbying Certification.)
E. It will comply with the federal Fair Labor Standards Act's minimum wage and
overtime requirements for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a
purpose that is or gives the appearance of being motivated by a desire for private
gain for themselves or others, particularly those with whom they have family,
business, or other ties.
G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
1. It recognizes that many federal and state laws imposing environmental and
resource conservation requirements may apply to this Grant Agreement. Some, but
not all, of the major federal laws that may affect the project include: the National
Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean
Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal
Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource
Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the
Comprehensive Environmental Response, Compensation, and Liability Act, as
amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S.
Environmental Protection Agency, USDOT, and other federal agencies have issued,
and in the future are expected to issue, regulation, guidelines, standards, orders,
directives, or other requirements that may affect this Project. Thus, it agrees to
comply, and assures the compliance of each contractor and each subcontractor,
with any such federal requirements as the federal government may now or in the
future promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any
federal financial assistance for construction or acquisition purposes for use in any
area that has been identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazards. The phrase "federal
financial assistance" includes any form of loan, grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect
federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive
Order 11593, and the Antiquities Code of Texas (National Resources Code,
Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no
officer, employee, or member of the Subgrantee's governing board or the
Subgrantee's subcontractors shall vote or confirm the employment of any person
related within the second degree of affinity or third degree by consanguinity to any
member of the governing body or to any other officer or employee authorized to
employ or supervise such person. This prohibition shall not prohibit the employment
of a person described in Section 573.062 of the Texas Government Code.
M. It will ensure that all information collected, assembled, or maintained by the
applicant relative to this project shall be available to the public during normal
business hours in compliance with Chapter 552 of the Texas Government Code,
l[f~T.07
unless otherwise expressly provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which
requires all regular, special, or called meetings of governmental bodies to be open
to the public, except as otherwise provided by law or specifically permitted in the
Texas Constitution.
ARTICLE 3. COMPENSATION
A. The method of payment for this Agreement will be based on actual costs incurred
up to and not to exceed the limits specified in the Project Budget. The amount
included in the Project Budget will be deemed to be an estimate only and a higher
amount can be reimbursed, subject to the conditions specified in paragraph B
hereunder. If the Project Budget specifies that costs are based on a specific rate,
per-unit cost, or other method of payment, reimbursement will be based on the
specified method.
B. All payments will be made in accordance with the Project Budget.
The Subgrantee's expenditures may overrun a budget category (I, ll, or III) in the
approved Project Budget without a grant (budget) amendment, as long as the
overrun does not exceed a total of five (5) percent per year of the maximum amount
eligible for reimbursement (TxDOT) in the attached Project Budget for the current
fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the
Project Budget.
If the overrun is five (5) percent or less, the Subgrantee must provide written
notification to the Department, through the TxDOT Electronic Grants Management
System (eGrants) messaging system, prior to the Request for Reimbursement being
approved. The notification must indicate the amount, the percent over, and the
specific reason(s) for the overrun.
Any overrun of more than five (5) percent of the amount eligible for reimbursement
(TxDOT) in the attached Project Budget requires an amendment of this Grant
Agreement.
The maximum amount eligible for reimbursement shall not be increased above the
Grand Total TxDOT Amount in the approved Project Budget, unless this Grant
Agreement is amended, as described in Article 5 of this Agreement.
For Selective Traffic Enforcement Program (STEP) grants only: In the Project
Budget, Subgrantees are not allowed to use underrun funds from the TxDOT
amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to
exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are
not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed
in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E
Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with
I [3
underrun funds from Budget Categories II or III.
C. To be eligible for reimbursement under this Agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant
Period of this Grant Agreement, attributable to work covered by this Agreement, and
which has been completed in a manner satisfactory and acceptable to the
Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources.
The term "supplanting," refers to the use of federal or TxDOT funds to support
personnel or an activity already supported by local or state funds.
E. Payment of costs incurred under this Agreement is further governed by one of the
following cost principles, as appropriate, outlined in the Federal Office of
Management and Budget (OMB) Circulars:
• A-21, Cost Principles for Educational Institutions;
• A-87, Cost Principles for State, Local, and Indian Tribal Governments; or,
• A-122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly Requests for
Reimbursement, as designated in this Grant Agreement, within thirty (30) days after
the end of the billing period. The Request for Reimbursement and appropriate
supporting documentation must be submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this
Agreement within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
1. Project agreements supported with federal or TxDOT funds are limited to the length
of this Grant Period specified in this Grant Agreement. If the Department determines
that the project has demonstrated merit or has potential long-range benefits, the
Subgrantee may apply for funding assistance beyond the initial Agreement period.
Preference for funding will be given to those projects for which the Subgrantee has
assumed some cost sharing, those which propose to assume the largest
percentage of subsequent project costs, and those which have demonstrated
performance that is acceptable to the Department.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder is contingent upon the availability of funds. If at any
time during this Grant Period, the Department determines that there is insufficient funding
to continue the project, the Department shall so notify the Subgrantee, giving notice of
intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the
end of a federal fiscal year, the Department determines that there is sufficient funding and
performance to continue the project, the Department may so notify the Subgrantee to
continue this agreement.
ARTICLE 5. AMENDMENTS
This Agreement may be amended prior to its expiration by mutual written consent of both
parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be
executed by the parties within the Grant Period, as specified in this Grant Agreement.
(I ~C1
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
Agreement and constitutes additional work, the Subgrantee shall promptly notify the
Department in writing through eGrants system messaging. If the Department finds that
such work does constitute additional work, the Department shall so advise the Subgrantee
and a written amendment to this Agreement will be executed according to Article 5,
Amendments, to provide compensation for doing this work on the same basis as the
original work. If performance of the additional work will cause the maximum amount
payable to be exceeded, the work will not be performed before a written grant amendment
is executed.
If the Subgrantee has submitted work in accordance with the terms of this Agreement but
the Department requests changes to the completed work or parts thereof which involve
changes to the original scope of services or character of work under this Agreement, the
Subgrantee shall make such revisions as requested and directed by the Department. This
will be considered as additional work and will be paid for as specified in this Article.
If the Subgrantee submits work that does not comply with the terms of this Agreement, the
Department shall instruct the Subgrantee to make such revisions as are necessary to bring
the work into compliance with this Agreement. No additional compensation shall be paid
for this work.
The Subgrantee shall make revisions to the work authorized in this Agreement, which are
necessary to correct errors or omissions appearing therein, when required to do so by the
Department. No additional compensation shall be paid for this work.
The Department shall not be responsible for actions by the Subgrantee or any costs
incurred by the Subgrantee relating to additional work not directly associated with or prior
to the execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. For short-term projects, only one report
submitted by the Subgrantee at the end of the project may be required. For longer projects,
the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency
of the performance reports is established through negotiation between the Subgrantee and
the program or project manager.
For Selective Traffic Enforcement Programs (STEPs), performance reports must be
submitted monthly.
The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why established
objectives and performance measures were not met, if appropriate, and (3) other pertinent
information, including, when appropriate, an analysis and explanation of cost underruns,
816-
overruns, or high unit costs.
The Subgrantee shall submit the Final Performance Report through eGrants within thirty
(30) days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing, through eGrants
messaging, of events that will have a significant impact upon this Agreement, including:
A. Problems, delays, or adverse conditions, including a change of project director or
other changes in Subgrantee personnel, that will materially affect the ability to attain
objectives and performance measures, prevent the meeting of time schedules and
objectives, or preclude the attainment of project objectives or performance
measures by the established time periods. This disclosure shall be accompanied by
a statement of the action taken or contemplated and any Department or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure
output than originally projected.
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records,
books, and other evidence pertaining to costs incurred and work performed hereunder,
(hereinafter called the records), and shall make such records available at its office for the
time period authorized within the Grant Period, as specified in this Grant Agreement. The
Subgrantee further agrees to retain said records for four (4) years from the date of final
payment under this Agreement, until completion of all audits, or until pending litigation has
been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall have access to the
records. This right of access is not limited to the four (4) year period but shall last as long
as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from all
claims and liability due to the acts or omissions of the Subgrantee, its agents, or
employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify,
hold, and save harmless the Department from any and all expenses, including but not
limited to attorney fees, all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any
activities of the Subgrantee, its agents, or employees.
Further, to the extent permitted by law, the Subgrantee, if other than a government entity,
agrees to protect, indemnify, and save harmless the Department from and against all
claims, demands, and causes of action of every kind and character brought by any
employee of the Subgrantee against the Department due to personal injuries or death to
such employee resulting from any alleged negligent act, by either commission or omission
on the part of the Subgrantee.
If the Subgrantee is a government entity, both parties to this Agreement agree that no
party is an agent, servant, or employee of the other party and each party agrees it is
responsible for its individual acts and deeds, as well as the acts and deeds of its
contractors, employees, representatives, and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This Agreement supercedes any prior oral or written agreements. If a conflict arises
between this Agreement and the Traffic Safety Program Manual, this Agreement shall
govern.
The Subgrantee shall be responsible for the settlement of all contractual and administrative
issues arising out of procurement made by the Subgrantee in support of Agreement work.
Disputes concerning performance or payment shall be submitted to the Department for
settlement, with the Executive Director or his or her designee acting as final referee.
ARTICLE 11. TERMINATION
This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all
services and obligations described herein and these have been accepted by the
Department, unless:
• This Agreement is terminated in writing with the mutual consent of both parties; or
• There is a written thirty (30) day notice by either party; or
• The Department determines that the performance of the project is not in the best
interest of the Department and informs the Subgrantee that the project is terminated
immediately.
The Department shall compensate the Subgrantee for only those eligible expenses
incurred during the Grant Period specified in this Grant Agreement which are directly
attributable to the completed portion of the work covered by this Agreement, provided that
the work has been completed in a manner satisfactory and acceptable to the Department.
The Subgrantee shall not incur nor be reimbursed for any new obligations after the
effective date of termination.
ARTICLE 12. INSPECTION OF WORK
The Department and, when federal funds are involved, the US DOT, or any authorized
representative thereof, have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed hereunder and the premises in which it is
being performed.
18 In
If any inspection or evaluation is made on the premises of the Subgrantee or its
subcontractor, the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.
ARTICLE 13. AUDIT
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public
Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in
OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit
Organizations."
The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under this Agreement or indirectly through a subcontract under this
Agreement. Acceptance of funds directly under this Agreement or indirectly through a
subcontract under this Agreement acts as acceptance of the authority of the State Auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior
written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all
applicable terms and conditions of this Agreement. No subcontract will relieve the
Subgrantee of its responsibility under this Agreement.
ARTICLE 15. GRATUITIES
Texas Transportation Commission policy mandates that employees of the Department
shall not accept any benefit, gift, or favor from any person doing business with or who,
reasonably speaking, may do business with the Department under this Agreement. The
only exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the
Department under this Agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Subgrantee, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this Agreement. If
the Subgrantee breaches or violates this warranty, the Department shall have the right to
annul this Agreement without liability or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover the full amount of such fee, commission,
brokerage fee, contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in
any way interfere with its or its employees' performance or which in any way conflicts with
the interests of the Department. The Subgrantee shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the
Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
The Subgrantee certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this Agreement, or will be able to obtain
such personnel from sources other than the Department.
All employees of the Subgrantee shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the
work, shall immediately be removed from association with the project.
Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,
and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect,
preserve, use, maintain, and dispose of any property furnished to it by the Department or
purchased pursuant to this Agreement in accordance with its own property management
procedures, provided that the procedures are not in conflict with the Department's property
management procedures or property management standards and federal standards, as
appropriate, in:
• 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," or
• 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Ili 1~
Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties hereto, all finished or unfinished documents, data, studies,
surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee,
and equipment and supplies purchased with grant funds shall, at the option of the
Department, become the property of the Department. All sketches, photographs,
calculations, and other data prepared under this Agreement shall be made available, upon
request, to the Department without restriction or limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of
intellectual property rights covering any data bases, software, inventions, training
manuals, systems design, or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including
copyrights, copyright applications, copyright renewals, and copyright extensions),
title and interests in and to all data, and other information developed under this
contract and versions thereof unless otherwise agreed to in writing that there will be
joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the
Subgrantee without any type of funding or resource assistance from the Department
remain the Subgrantee's intellectual property. For these classes and materials, the
Department payment is limited to payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns,
and administrators to the other party to this Agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in
this Agreement without written consent of the Department through eGrants messaging.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations
relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR,
Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be
amended periodically (hereinafter referred to as the Regulations). The Subgrantee
agrees to comply with Executive Order 11246, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 and as supplemented by the
U.S. Department of Labor regulations (41 CFR, Part 60).
B. Nondiscrimination: The Subgrantee, with regard to the work performed during the
period of this Agreement, shall not discriminate on the grounds of race, color, sex,
national origin, age, religion, or disability in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
C. Solicitations for subcontracts, including procurement of materials and equipment: In
all solicitations either by competitive bidding or negotiation made by the Subgrantee
for work to be performed under a subcontract, including procurements of materials
and leases of equipment, each potential subcontractor or supplier shall be notified
I / K-'!Nmvw 146
by the Subgrantee of the Subgrantee's obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, color, sex, national
origin, age, religion, or disability.
D. Information and reports: The Subgrantee shall provide all information and reports
required by the regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Department or the USDOT to be pertinent to ascertain
compliance with such regulations or directives. Where any information required of
the Subgrantee is in the exclusive possession of another who fails or refuses to
furnish this information, the Subgrantee shall so certify to the Department or the US
DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has
made to obtain the requested information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with
the nondiscrimination provision of this Agreement, the Department shall impose
such sanctions as it or the US DOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of
paragraphs A. through E. in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the regulations or directives. The
Subgrantee shall take such action with respect to any subcontract or procurement
as the Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance. However, in the event a Subgrantee becomes
involved in, or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Subgrantee may request the Department to enter into
litigation to protect the interests of the state; and in addition, the Subgrantee may
request the United States to enter into such litigation to protect the interests of the
United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of the Department and the USDOT that Disadvantaged Business
Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the
performance of agreements financed in whole or in part with federal funds. Consequently,
the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this
Agreement as follows:
• The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as
defined in 49 CFR Part 26, have the opportunity to participate in the performance of
agreements and subcontracts financed in whole or in part with federal funds. In this
regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR
Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to
compete for and perform agreements and subcontracts.
• The Subgrantee and any subcontractor shall not discriminate on the basis of race,
color, sex, national origin, or disability in the award and performance of agreements
funded in whole or in part with federal funds.
These requirements shall be included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of this
Agreement and, after the notification of the Department, may result in termination of this
Agreement by the Department, or other such remedy as the Department deems
appropriate.
ARTICLE 24. DEBARMENT/SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
2. Have not within a three (3) year period preceding this Agreement been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a federal, state, or local public transaction or contract under a
public transaction; violation of federal or state antitrust statutes; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
federal, state, or local governmental entity with commission of any of the
offenses enumerated in paragraph A. 2. of this Article; and
4. Have not, within a three (3) year period preceding this Agreement, had one
or more federal, state, or local public transactions terminated for cause or
default.
B. Where the Subgrantee is unable to certify to any of the statements in this Article,
such Subgrantee shall attach an explanation to this Agreement.
C. The Subgrantee is prohibited from making any award or permitting any award at any
tier to any party which is debarred or suspended or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order
12549, Debarment and Suspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded
under this Grant Agreement to certify its eligibility to receive federal grant funds,
and, when requested by the Department, to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the
11gF 14 7
Subgrantee to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the party to this Agreement shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. The Subgrantee shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that
it either will go to the Department's website noted below and complete the Child Support
Statement or already has a Child Support Statement on file with the Department. The
Subgrantee is responsible for keeping the Child Support Statement current and on file with
that office for the duration of this Agreement period. The Subgrantee further certifies that
the Child Support Statement on file contains the child support information for the
individuals or business entities named in this grant. Under Section 231.006, Family Code,
the Subgrantee certifies that the individual or business entity named in this Agreement is
not ineligible to receive the specified grant or payment and acknowledges that this
Agreement may be terminated and payment may be withheld if this certification is
inaccurate.
The form for the Child Support Statement is available on the Internet at:
http://www.,dot.state.tx.us/cso/defauIt.htm.
RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out the objectives and performance measures of this Grant Agreement by
implementing all activities in the Action Plan.
B. Submit all required reports to the Department (TxDOT) fully completed with the most
current information, and within the required times, as defined in Article 3 and Article 7 of
the General Terms and Conditions of this Grant Agreement. This includes reporting to the
Department on progress, achievements, and problems in monthly Performance Reports
and attaching necessary source documentation to support all costs claimed in Requests
for Reimbursement (RFR).
C. Attend Department-approved grant management training.
D. Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to present
status of activities and to discuss problems and schedule for the following
quarter's work.
2. The project director or other qualified person will be available to represent
the Subgrantee at meetings requested by the Department.
E. When applicable, all newly developed PI&E materials must be submitted to the
Department for written approval, through the TxDOT Electronic Grants Management
System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety
Program Manual regarding PI&E procedures.
F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained
the written approval of the Department, through eGrants system messaging, prior to the
beginning of the trip. Grant approval does not satisfy this requirement. For Department
district-managed grants, the Subgrantee must have written Department district approval for
travel and related expenses if outside of the Department district's boundaries.
G. Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
H. Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or an activity already
supported by local or state funds.
1. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a
safety belt use policy in place, a policy should be implemented during the grant year.
RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with the performance obligations and fiscal
requirements of this Grant Agreement using appropriate and necessary monitoring and
inspections, including but not limited to:
• review of periodic reports
• physical inspection of project records and supporting documentation
• telephone conversations
• e-mails and letters
• quarterly review meetings
• eGrants system messaging
B. Provide program management and technical assistance.
C. Attend appropriate meetings.
D. Reimburse the Subgrantee for all eligible costs as defined in the project budget.
Requests for Reimbursement will be processed up to the maximum amount payable as
indicated in the project budget.
E. Perform an administrative review of the project at the close of the grant period to:
• Ascertain whether or not the project objectives were met
• Review project accomplishments (performance measures completed, targets
achieved)
• Document any progress towards self-sufficiency
• Account for any approved Program Income earned and expended
• Identify exemplary performance or best practices
~g 150
Alcohol and Other Drug Counter Measures
Select a goal:
Se~x To reduce the number of DWI-related crashes where
the driver is under age 21
Select a strategy:
Develop innovative ways and programs to combat
underage drinking and driving
Increase enforcement of driving under the influence by
minors laws
Increase the number of law enforcement task forces and
coordinated enforcement campaigns
Select a Goal:
Se~°°To reduce the number of DWI-related crashes,
injuries, and fatalities
Select a strategy:
Problem Identification and Solution
1. Problem Identification
Over the past 20 years, alcohol-related fatal crash rates have decreased by 60
percent for driver's ages 16 to 17 years and 55 percent for driver's ages 18 to 20
years, according to a study from the Centers for Disease Control and Prevention.
Research from CDC and National Highway Traffic Safety Administration (NHTSA)
indicates that, from an enforcement standpoint, this progress can be attributed to
aggressively enforcing existing 0.08% BAC laws, minimum legal drinking age laws,
and zero tolerance laws for drivers younger than 21 years old in all states (Shults et
al. 2002, Quinlan et al. 2005).
The Texas Statewide Alcohol Program Assessment Tool completed in November,
2007 confirms that the Texas impaired driver initiative (Texas Program)has many
successful programs in place in the areas of prevention, deterrence, treatment &
rehabilitation, and program management. The Assessment Tool also found that
Texas has been successful in aggressively enforcing existing 0.08% BAC laws,
minimum legal drinking age laws, and zero tolerance laws for drivers younger than 21
years old, and that it also suspends driver's licenses for underage persons who drive
impaired - and/or in some cases simply possess alcohol.
In spite of this progress, in 2006 Texas still led the nation in the number of young
drivers killed in traffic accidents with 298 (NHTSA). Also in 2006, 25 percent of the
young drivers (15 to 20 years old) who were killed in crashes had a BAC of .08 g/dL
or higher (DOT HS 810 817). As admirable as all of the aforementioned enforcement
efforts are, their focus is still on the circumstances that occur after an underage
person consumes alcohol. Common sense dictates that underage persons cannot
drink and drive if they do not have access to alcohol.
The Assessment Tool found the Texas Program in need of improvement in the area
of Responsible Alcohol Service - more specifically, the "implementation and
enforcement of programs to eliminate the sale or service of alcoholic beverage to
those under 21 years of age". The Assessment Tool also points out that "TABC does
not have enough staff to enforce all of the alcohol regulations". Unlike DWI
enforcement, many municipal and county law enforcement agencies are reluctant to
enforce these alcohol regulations. Investigating and successfully prosecuting these
types of cases can be complex and time consuming for agencies that have no
training or experience in this area. Combine this with the fact that many medium-
sized communities like the Brazos Valley, that have universities or colleges in their
jurisdiction, are so busy dealing with the fall-out from alcohol related crime and traffic
problems that they don't have the resources to become proactive or preventive.
In 2001, alcohol-related traffic crashes totaled 391 in Brazos, Grimes, Robertson,
Madison, Washington, Leon and Burleson counties. Eight-nine (89) of the alcohol-
I 1 - 15
l fg -0"
related traffic crashes involved persons under the age of 21.
From September 1, 2004 to August 31, 2005, there were 2137 Minor in Possession of
Alcohol citations, 203 Making Alcohol Available to a Minor citations, and 56
Administrative charges filed against licensed establishments for Sale of Alcoholic
Beverages to a Minor in the above mentioned counties. A minor's ability to purchase,
possess and consume alcoholic beverages continues to be a problem in these
communities as witnessed by the above statistics. This area has a population that is
significantly influenced by the college community where drinking and driving is
common. From January 1, 2002 to December 31, 2006, there have been 226 criminal
cases filed in Brazos County alone where a fictitious driver's license has been used
or attempted to have been used by a minor to purchase alcohol.
The two most common ways for an underage person to obtain alcohol are: someone
sells it to them or someone buys it for them. Sale to Minor cases usually fall into one
of two categories: a licensed establishment failing to do their job, or an underage
person with a fake, fictitious, or counterfeit driver's license. Making Alcohol Available
cases are usually well-intentioned people who don't understand the legal or public
safety consequences of providing the alcohol. If we can decrease the number of
fatalities by 55-60 percent with enforcement activities directed at interdicting the
underage impaired driver after they have become impaired, more proactive
enforcement can impact that number by enforcing the existing alcohol laws at the
point of sale or acquisition- before they become impaired.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, a regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
II. Project Plan
Problem Solution
Since its inception, this TXDOT funded program has been successful in deterring
underage drinking and driving by identifying underage persons who possesses and/or
consume alcoholic beverages and by identifying persons who provide alcohol to
minors. The Brazos County Attorney's Office proposes to continue these efforts and
expand the operational scope of the Regional Alcohol Task Force for FY2009. The
task force serves, and has current memorandums of understanding with, Brazos,
Burleson, Grimes, Leon, Madison, Robertson, and Washington counties. The task
force places undercover personnel and peace officers on the street and in licensed
premises to target establishments and individuals who provide alcohol to minors. It
deploys a combination of officers, undercover minors, and undercover video
operators working variable shifts during the times and days when minors are known
to obtain alcoholic beverages.
Using civilian minors in any investigative operation can be complex and not without
risk. Task force personnel use a process of recruiting and training minor operatives
through partnerships with local schools, high school resource officers, and community
based underage drinking organizations such as the high school Zero Tolerance
programs. This is a proven process that insures a solid criminal case while keeping
the minor safe at all times.
This task force will integrate local law enforcement officers with agents of the Texas
Alcoholic Beverage Commission and enforce Texas' current underage drinking laws
at the point of alcohol sale or acquisition. Agents will conduct sale to minor stings and
making alcohol available sting operations. Agents will also conduct operations
focused on detecting fictitious driver's licenses and persons who use, sell or
manufacture them.
As the Texas Statewide Alcohol Program Assessment Tool pointed out, "local political
views determine how stringently youth impaired driving laws are enforced". Task
force personnel will develop and produce a regional task force sponsored public
service announcement to create community awareness of the dangers of underage
drinking and driving. Agents with the current Brazos County Regional Task report that
most subjects are shocked when they learn that the penalty for providing even one
sip of an alcoholic beverage to an underage person is the same as being arrested for
DWI or Deadly Conduct. Task force personnel will use these communication tools to
create a cognitive dissonance for adults who underestimate the consequences of
selling or providing alcohol to an underage person. Task force agents will also
provide technical and statistical assistance to programs like TABC's Project SAVE
and Manager awareness programs, as well successful community groups in the
region that focus on underage drinking and driving - such as Carpool, High School
Zero Tolerance Programs, and DARE.
Texas has made progress in reducing impaired driving, but the ability for underage
persons to obtain alcohol is still under-addressed. States like Virginia have
implemented enforcement oriented underage drinking programs with great success.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, this regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
By targeting underage drinking and driving at the point of sale/acquisition, this
program will continue to decrease the number of alcohol related crashes by persons
under 21 by:
1. Deterring licensed establishments, their employees, and other persons from
selling, serving, or making alcohol available to minors.
2. Identifying and filing criminal charges on minors who possess alcohol or
. II&- 154
fictitious/counterfeit identification.
3. Identifying and prosecuting persons-who manufacture or possess with the intent to
sell fictitious/counterfeit identification to underage persons.
1l~M` 155
O
W
F4
C 7 a -
c
0) O
(u
IL
a) a
Q a
0
a
W
U.
a ~a
V
~ 0-
U)
a a a
d p V O
a
v E o N a)
_ E 0C D -a) a)
E E 0 2 C: a
m
cm cm cm
O N
0), Cj Cl) U)
L o -
06 o
a ~ 0 2, E
0 CD
C
f
V O - L
~4) > a`) C) a C
a) 4- (V a
O ° o c E
1~0 C M : a) E V
0) CD
Q E U U O'
0 U C N 33
c U) O Co N ~
i O
L- 4- E2
cu 0) c: CO
m 0- CD (D
.Q
U N E : °D cu
C p ~ 0 O a) O'
a Z C E N Y O ~O E U 1
y.. U
~CU a) oL
Ul `C (/1 v) fn a) U O
Q i- m a V r
l z ~
v
O
U) a a a
i
Qua a
CL CL CL
L a a a
O p
~a a a
~aa as
„
LL a a a
>
Q o (L a (L
3 z a a s
O a a a
v 0) .0 a) (D CD
C C C
m 0 Co cu cu
E0)
CL vi v,? rn
E
a~ ~U) U)rr_
U
co
06 4.1
FL W ~
O C Cl) C p cn
O p ~
U U
L
CD D O m
E °
co _ L
O U o cn cn
~ C L 'C
0 0 C) ce)
F- CO O O C A
V E
p C
3 co
L W 0
_0 cu
0 -Fu -0
to 2
(D C
75
+
O + 'L L '
d 7 G1 Co "p U N
r Z E Q) 4) N C U C_
C - E o
O(D U p L
as O a too U a Q
Car i N `t E w
v at co ca O ~
Q F- m 0. V r N M et „LO C6 It.: of C7
JO
U) a- a. a_
o a s a s
a ,aka
CL CL CL
O ~t
a a a
O
N
d U d`
a) Qla a a
a)
a) CL CL a- D-
O
Q O LL ' a a s
C a ~a- Q_ Q
N Ioa as g
CO)
o
N c ~z a a
ct)
O a a a ..a~ Fg. a~
A\ r /cam C /C: 1
V/ V t cu
♦V
E CL C;) 0)
:3 -0V'
U) U) 0
d U -
CL =
ui p
06 c C/)
O R
d c (D ! cu
m (D
_0) E °D U '
> co 0
> `O U
v U
:3 c
U
0 C14
U E ~p w N
C L
Oco L co
U rn O co cp
I- co
ca 0
N -
U) :E cL A
4) M 7 O
N R m O: cn •L
.Q R V E U a)
1
L E g = o a) o: °
m n -E Q
z a) E L O:-0 -C
3
C- L Q U U' O
O ~ C (A m U (A 3
U) E Q F- m a V r N M LO to I~ cd to
l~g~."• Leg
O
i
z ~ s
O
d 3
Q a a' a
CL a m
z W ~
cu -7 a a a #
~ o Q a a s _
o
a) a'~ a a a
. ,
Q w~ ,
cant U. a a a i
O a £
_ ~a as
W
Cl)
o a a a
LM cu F-
za iaa
v
O a m a i
C C CD
c c c c
cu a O ca co
a a~ rn
o
cn (n co (n
o. o E _
ui cu
j
ca P o
(n > o 1
E
c
u E C '
> > 2
C.) cu
m c 4- v U
_0 o o c Co c D) 5 o a) o
O U o ~ v
OIt -0 CO c ` cQ
Q a) V- x
N c
Cl) o Q F-
( D
- C L 7
L U1 R c O ' (D C:
d (B E cn 0
C p (D 3 •-co E
_ ? C E 2: c'-0 a,) E
o
O a~ d O Q 0, cu U o~ co
Q F- m a c~ r N M d ui
1tDl~aorn~~
V ,
W
U a 0-10-
0 i n
~ ( Li L nL L.L
o ~~a as n -m-
N O
a a a
N cu
a~ U a- [
CD IL as
> L
a.., - a ~ a a a ~ ~
Q a s a s j
= o a a. a
.Y
(6 p W ~
E o a
d a s
o
za as
3 v
{
as N
v a a a
c r r- C: C
O G Cc c m
i U) C. 0) rn !
cu U) U)
U L
_w E O
U O
CL _0
COT :P c
d
> O N U N r
CO 2 (B ~
^ E O N
U cn N > E N
0 0 C M > c is C
I- M 0 i O ca
ca O
CD y4)
O O
N ' O 1
0 E
E =3 V U U U +r
Gs 0 4: =3 U 7 , R
Z C E m _0 E 16
s c-0 co
0 :3
0 (D U) cc 0 U) 2
L- U)
cu v e_~ r
Q I- m a 0 r" N ch et. 'n 6
ti oo ' vs
O'
w
c' U) a- as
Q a a a
1
a a a -
j, a a ?
L
a a a 1
Q- a a a
c a alai
ai w
°n a s a 10-
0
N 3 z ICL a s
U
~ o O a a CL .
V Q a N a0i
~ _ C C C C ~
O 0 c6 cu
L L L
E co 0) 0) 0)
O ~ -0 0
cu co CO C/)
U
CD 06
L
EL
ca
U
0 CO
C :a:+ O 0 ca O
CU C:
E O 0 0 t
O v y ~ a) L ,
Q
i m d f 0 L =
y, _0
_ € I
d ca E;
O_
.Q d a_0 ? f
C p 5 O U~ (0
0 j O U f
> z C
E C: CD
O G1 0 d C) ca U IL
V G>
Q I- m o. V N iM
r ~...~0
.
f
O $
W
-3 a a a - 3
v v d.
° Q aa~ai
LLI
LL a- a-
cu
Q
N
0-10- CL
N
CL
p z a~aa,
c v
a- a_
G (D 1 a' air
E _ C:
CL o a
N -0
cn (n, U)
:_..U)
ca
t/1 ~ > .
a~ cu
.0 co
Q O + N . U
E O)
a) a) I
0
1 Z3
O
p > M U U
F- C > 1O
'o
i ' a
C
(D 2
Cl)
G1 O U' ►Or
z = O .U
Q U O _
0 0) U) C)
U) E
V cC G1 O
Q F- m a. V N M er an ca r~ ao a~ 3
l 1 1 C~a
S
f
5
-..---.....~-.-.MME.-4`--» i
iz m
N
F
i d
c Q
z a a a
E
C vs c
p C cu cu
CL
' v) a, v, rn
0 1-0
t ~ U) ~ ~
a
L
06 CD
~ cu cn
C
:3 o D a) '
o Q E
0 U)
,
~ Q 0, 7
o U A.- a L
U) U)
m > o m m o '
o C) o o N'
a) cu N IZ- CL 0) cu
-Fu
FC- M o ~ O cu
O E ' 0) (v " -
Q U fII s U~ U
c:
y e p
cn 0 CO
N
cm E 0 -C
C C O V O
E 0 G (Ii (6 "O L
L
4) Cl) C G N a 41 C
Co 3
> z
~ N ' ~E C: M CU 9
r- E
C 0 D L. D. p a
0 ca N N ~ co a
rn~`t - a~O w E
Q Im a ao o0 L6 C6
; N M et ca... ti _
L a _
CO) a a ma 0- a_
N Q a a aaa._......
d
a a it a
j a~a. aka a- _
V i
Q O F
~~aaaa fj(
N ,
n- aIa aIa a
U) cu
u. a aaa a m
o n a aka s
V U w
0 a a- Ia'a.a
_ m
o
E cr z a a a a a-
0 c 0 a a a.a: a t
Um -
i
a) a) CD CD (D
F
Q) W Q) CD G)
W N C c O/u c
0 M fu co 0. N N ~
d O O O! 7 =
U~ U U) U)
> cu c:
t+ O
V U) O Q €
O E ?
a
_N N
O
a Q O O ~;3 1
Uj U)
}p , O
C s N C
L
N ca Q N VJ VJ 9
~ ca as o Q 3 a~a~
m O a cu v"Q
z = 7c~
>
m - a aIa. R
C E m ~ C:
O' O L
o 0) o v a a Q
•
U c
w
Q a ~a a 5
cO
Z> M CL a- a.
N ~
am U C- m
~Qaaa
Q
LL a s a
n W
CD z
m 4)
v CD ai (L)
4- 4-
c p CU m c
D CL
N .Q - .Q
0 0
W U) U)
a 0
W o C a)
Cl) 06 O
Q. a~ c
N
t/1 U O O~n
Q vI
O cB
+ c ! U
00 cu
O O X N N
U p O T
O ^ CIO > c c
F- CD rn E C' E
"D
N -O O
U) c a='
L O c O O -c
j
.O d V a) c 9
a) 7 O 5 V L
C
Z , E L
C _ C O CL
G1 - a 0 p = 2
Ui cc 1` oo Cs O
Budget Summary
Program
Budget Category::::] TxDOT Match Income Total
-11
Category I - Labor Costs 7-1
(100) Salaries: $29,505199' $41,434.00 $70,939.99
(200) Fringe Benefits: $7,37650 $10,358.50 if- $17,735.00
1
Sub-Total: $36,882.49 $51,792.50 [ $0 $88,674.99
Category Il - Other Direct Costs
(300) Travel: $588.04 ._.........y $588.04
400 E ui ment:
(500) Supplies: $900 00 $900.00
(600) Contractual Services: $350.00~~ $350.00
(700) Other Miscellaneous: $22,420.00 .r $22,420.00
'Sub-Total: $24,258.04 $0~ $0 $24,258.04
Total Direct Costs: $61,140.53 $51,792.5011_ $0 $112,933.03
Category III - Indirect Costs
800 Indirect Cost Rate:
SummaryTotal Labor Costs: $36,882.49 $51,792.50 $0 $88,674.99
Total Direct Costs: $24,258.04 $0 $24,258.04
Total Indirect Costs:. $0
Grand Total: $64,140.53 $51,792.50 $0' $112,933.03
Fund Sources: (Percent 54.14% 45.86% 0.00%'
Share)
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in
eGrants.
-77
I1
1
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
2009-BrazosCA-G-MYG-Yr1- Printed On: 2/9/2009
0226(l)
2009-BrazosCA-G-MYG-Yr1-0226 (1) Printed On:
2/9/2009
1&7
CONTRACT FOR MEDICAL SERVICES
Brazos County, a political subdivision of the State of Texas, (herein the "County") and Dr. Rany
Cherian, M.D., a Licensed Medical practitioner in the State of Texas, practicing in Brazos County,
Texas, (hereinafter the "Service Provider"), by this agreement and in consideration of mutual
promises set forth below have agreed as follows:
ARTICLE I
JAIL SERVICES
1.01 Scope of Services The Service Provider will, upon referral from the Sheriff's
Department (hereinafter referred to as "Jail") treat inmates located in the Brazos County Jail
facilities operated by the Sheriffs Department. Treatment may occur both within and without the
physical confines of the Jail facilities. Treatment shall include, but not be limited to, on-site
emergency treatment. The Service Provider agrees to adopt and implement workplace guidance
concerning persons with AIDS and HIV infection and to develop and implement guidelines
regarding confidentiality of AIDS and HIV related medical information with regards to inmates
being treated for any complaint.
1.02 Reporting Responsibilities The Service Provider, once treatment has been provided,
will also be responsible for indicating any necessary therapy, additional follow-up medical treatment
or additional medical referral needed to a medical specialist to cover any inmate problem the Service
Provider believes would require such therapy or referral. The Service Provider will be responsible
for communicating therapy or referral needs to the Brazos County Jail Administrator, or the
designated agent. The Service Provider will document all treatment, need for follow-up treatment,
any diagnostic tests needed, therapy suggestions and referral needs in note form and file the same in
the inmate's medical file.
1.03 Additional Services Services to be provided pursuant to this Contract, but at an
additional fee as set forth in Article II herein, include diagnostic testing, whether routine or
otherwise, extended long-term medical treatment programs requiring more than a few treatments
for a given malady, and / or treatment outside the Jail for medical services provided at clinics
operated by the Service Provider.
ARTICLE II
FEES
3.01 Professional Fees For the services outlined in Paragraph 1.01, the County will pay the
Service Provider Five Thousand Dollars ($5,000.00), each month services are provided, consisting of
an arbitrary apportionment of $4,000 representing ordinary care and $1,000 representing additional
detailed care and record maintenance. An additional annual fee of Two Thousand Five Hundred
and No/100 Dollars ($2,500.00), prorated for each month of service, shall be paid to the Service
Provider for administration services. Additionally, an annual payment of Three Thousand and
No/100 Dollars ($3,000.00), prorated for each month of service, shall be paid to provider for
additional Liability insurance which names Brazos County as additional insured. The
administrative fee and the additional insurance fee shall be paid on December 15th of the contract
Page of 4
Ll ~ Ito s
year, or on March 1 for a contract period less than one year. Charges for any outside-the-Jail or
outside-of-Detention treatment of inmates or Detainees, as appropriate, at any clinic operated by the
Service Provider, or a physician's certificate related to a mental health commitment, or treatment of
an inmate or Detainee at a hospital emergency room or for any unusual diagnostic charge,
laboratory charge or physical exams of Detainees, or extended treatment program made under this
contract will be either billed by the Service Provider as provided below, or by the independent
laboratory or facility that provides such service.
3.02 Billing The Service Provider will submit an invoice monthly, within 15 days of the end
of each contract month. The Service Provider will bill the County using a standard Invoice for
Services for the monthly flat rate fee. For services not covered by the Service Provider's flat fee, the
Service Provider will invoice the County using a standard Invoice for Services, showing Date of
Service, Inmate Number, Test or Service Performed with itemized costs for each, and Extended
Total, at prevailing prices, which shall also be stated on the bill. The County shall pay for services
monthly. The Service Provider will not be responsible for invoicing nor handling any but the related
paperwork needed for the orders for such independent laboratory or diagnostic tests as part of this
agreement.
ARTICLE III
ADMINISTRATION OF CONTRACT
4.01 Transportation If the Service Provider has assessed that an inmate or Detainee needs
to be relocated from the Jail for medical service of any kind or for any reason, this assessment will
be relayed at the earliest possible time to the Sheriff, Jail Administrator or his agent, as appropriate,
so that immediate action can be taken. The Sheriffs Department shall be responsible for initiating
any paperwork which may be needed to re-locate or transport the inmate for such treatment and for
the transportation to an appropriate facility.
4.02 Access to Files Once an inmate has been referred to the Service Provider, the Service
Provider will be allowed to have access to that inmate's personnel and medical file. Additionally, the
Service Provider will have access to the medical screening documents used by medical staff to access
a Detainee's medical history and potential medical concerns, if such records are not part of a
Detainee's personal or medical file. A written request for such access is not required to be filed with
the Sheriffs Department. Under ordinary circumstances, presenting an inmate for medical
treatment will be evidence of the authority for access of such records by the Service Provider.
4.03 Support While on-site, the Sheriffs Department shall be responsible for providing the
Service Provider with any reasonable support, assistance or security that may be requested.
4.04 Patient Acceptance The Service Provider is under no obligation to accept for medical
treatment an inmate that the Service Provider deems inappropriate for treatment, however, it is not
anticipated that this would ever be likely in the course of this contract.
ARTICLE IV
INSURANCE
Pa ii 2 of 4
~ ~ bc/
5.01 Each party to this agreement is responsible for maintaining their own liability
insurance and worker's compensation insurance, and each party will provide proof of same to the
other party on request. The Service Provider shall maintain during the term of this contract a
$1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming
Brazos County, as an additional insured. Service Provider shall provide a Certificate of Insurance
for both policies which shall provide for a fifteen (15) days advance notice to County of the
cancellation of such policy.
ARTICLE V
INDEMNITY
6.01 The Service Provider agrees to and shall indemnify and hold harmless and defend the
County, its officers, agents, and employees from and against any and all claims, losses, damages,
causes of action, suits, and liability of any kind, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person or any breach of contract arising out of or in
connection with any work done by the Service Provider pursuant to this Agreement.
ARTICLE VI
INDEPENDENT CONTRACTOR
7.01 In all activities or services performed hereunder, the Service Provider is an
independent contractor, and not an agent or employee of the County. The Service Provider, as an
independent contractor, shall be responsible for all medical services provided and medical decisions
made pursuant to the terms of this Contract. The Service Provider shall supply all materials,
equipment and labor required for providing of medical services as required herein. The Service
Provider shall have ultimate control over the execution of the work under this Agreement. County
shall have no control over any decision, recommendation, or action taken by the Service Provider
pursuant to this Contract.
7.02 The Service Provider shall retain personal control and shall give her personal
attention to the faithful prosecution and completion of the services contracted for herein and
fulfillment of this Agreement.
ARTICLE VII
LICENSING
8.01 The Service Provider is required to maintain all applicable licensing permits to
practice medicine. Further, all permits to or certification necessary to operate the Provider's clinics
shall be maintained. Copies of any applicable licenses are to be filed with Brazos County.
ARTICLE VIII
DEFAULT
9.01 Events of Default The following occurrences shall be considered events of default:
PagV f 4 - 17D
a. Failure to maintain license to practice medicine or any restrictions being placed
upon such license by the State Board of Medicine making the providing of services
hereunder impossible or difficult.
b. Failure to maintain all permits and licenses necessary to keep Service Provider's
clinics in operation.
c. Cancellation of Service Provider's medical malpractice insurance.
Upon an event of default, the County may terminate this Contract on three (3) days written
notice mailed by certified mail return receipt requested to the address listed below.
ARTICLE IX
GENERAL PROVISIONS
10.01 Venue The venue of this contract is Brazos County, Texas, and this contract shall be
governed by and in accordance with the laws of the State of Texas.
10.02 Termination This contract may be terminated by either party upon thirty (30) days
written notice. Such notice shall be mailed return receipt requested to the non-terminating party at
the addresses listed below.
10.03 Term The term of this contract will be for nine (9) months beginning February 1,
2009 and shall terminate on September 30, 2009. The parties are hereby given one (1) option to
renew this contract for a period of one (1) year, to follow consecutively upon expiration of the term
hereof and of any renewal period, upon the same terms and conditions contained herein. Any
changes in the terms or conditions will necessitate the initiation of a new contract.
SERVICE PROVIDER
0. C
c2l Rany e ' , .D. Dat 1703 East 29th Street
Bryan, Texas 77802
BRAZOS C T
B ,
y:
Randy Sims, ounty Judge Date 200 S. Texas Ave., Suite 332
Bryan, Texas 77803
Page 4gf 4 r. e.~ I
INTERLOCAL COOPERATION AGREEMENT
This Agreement is made by and entered into between Milam County, Texas (hereinafter 'Contractor') and Brazos County,
Texas (hereinafter 'County' ) on the date indicated below.
WHEREAS, County is seeking to provide for the housing and care of certain inmates incarcerated or to be
incarcerated in its jail, and
WHEREAS, Contractor currently has the jail capacity and the ability to provide housing and care for such inmates,
and
WHEREAS, both parties are political subdivisions of the State of Texas authorized to enter into an Intedocal
Cooperation Agreement for such detention services pursuant to Chapter 791 of the Government Code (Vernon's 1992)
(formerly Article 4413 (32c), Tex. Rev. CN. Stat), and
WHEREAS, the County and the Contractor desire to enter into an agreement pursuant to which the Contractor will
provide housing and care for certain Inmates incarcerated or to be incarcerated in the County's jail,
NOW, THEREFORE, in consideration of the promises, covenants and agreements contained herein, the parties
hereto mutually agree as follows:
ARTICLE I
DETENTION SERVICES
1.01 HOUSING AND CARE OF INMATES: Contractor agrees to accept, and provide for the secure custody, care and
safekeeping of inmates of the County in accordance with state and local law, including the minimum standards
promulgated by the Texas Commission on Jail Standards. The Contractor shall provide housing, care, meals, and
routine medical services for such inmates on the same basis as it provides for its own inmates confined in its own
jail subject to the terms and conditions of this agreement
1.02 MEDICAL SERVICES: The per day rate under this agreement covers only routine medical services such as on-site
sick call (when provided by on-site staff) and nonprescription, over-the-counter/non4egend and routine drugs and
medical supplies. The per day rate does not cover medical/health care services provided outside of the
Contractor's facility or by other than facility staff, prescription drugs and treatments, or surgical, optical and dental
care, and does not include the costs associated with any hospitatization of an inmate. The County shall pay the
Contractor an amount equal to the amount the Contractor is required to expend for medical services other than
those routine medical services provided for by the per day rate. When it becomes necessary for an inmate to be
hospitalized, the Contractor shall contact the County, through its Sheriff or designated representative, as soon as
possible to inform the County of the fact that the inmate has been, or is to be, hospitalized and of the nature of the
illness or injury that has required the hospitalization.
The Contractor shall submit invoices for such medical services along with its regular monthly billings for detention
services, and such invoices shall be paid on the same terms as the regular monthly billing.
The Contractor has the right to arrange for the hospital or health care provider to bill the County directly for the
costs of the hospitalization and/or medical care, rather than the Contractor paying the costs and billing the same to
the County. If the hospital or health care provider refuses to bill the County directly, the County shall reimburse the
Contractor for such costs within forty-five (45) business days of receipt of an invoice from the Contractor therefore,
which invoice may be delivered personally, by facsimile, by mail, or by other reliable courier.
1.03 MEDICAL INFORMATION: The County shall provide the Contractor with medical information for all inmates
sought to be transferred to the Contractor's facility under this agreement, including Information regarding any
special medication, diet or exercise regimen applicable to each inmate.
1.04 TRANSPORTATION AND OFESITE SECURITY: The County is solely responsible for the transportation of its
inmates to and from the Contractor's facility. Ambulance transportation (including emergency flight, etc.) is not
covered by the per day rate and will be billed along with the regular monthly billing submitted to the County by the
Contractor.
Contractor will provide stationary guard services as requested or required by the circumstances or by law for
inmates admitted or committed to an off site medical facility. The County shall compensate the Contractor for the
actual cost of said guard services to the Contractor, which shall be billed by the Contractor along with the regular
monthly billing for detention services.
The County is responsible for the transport of its inmates from the Contractor's facility to the Texas Department of
Criminal Justice-Institutional Division.
1.05 SPECIAL 131OpR4MS• The per day rate set out in this agreement only covers basic custodial care supervision
and does not include any special educational, vocational or other programs. The parties may agree by a written
amendment to this agreement, or by separate agreement, for the provision of special programs for the
consideration and under the terms mutually agreed to by the parties.
1.06 LOCATION AND OPERATIO OF THE FACILITY The Contractor shall provide the detention services described
herein at the Milam County Jail, 512 N. Jefferson, Ste. B, Cameron, Milam County, Texas which is operated by the
Milam County Sheriff.
ARTICLE 11
FINANCIAL PROVISIONS
2.01 PER DIEM RATE: The per diem rate for detention services under this agreement is forty-five dollars ($45.00) per
man-day. This rate covers one inmate per day. Any portion of any day shall count as a man-day under this
agreement, ved he following om ng. In thmay not be at situation, billed
Contractor will bin for the ay Is
arrival, ut not the day and
departure.
2.02 i31LLING P OC DUR,E• Contractor shall submit an itemized invoice for the services provided each month to the
County, in arrears, invoices will be submitted to the officer of the County designated to receive the same on behalf
of the County. The County shall make payment to the Contractor within thirty (30) days after receipt of the invoice.
Payment shall be in the name of Milam County, Texas and shall be remitted to.
Milam County Auditor
103 W. Main, Suite A
Cameron, Texas 76520
Amounts which are not timely paid in accordance with the above procedure shall bear interest at the lesser of the
annual percentage rate of 10% or the maximum legal rate applicable thereto, which shall be a contractual obligation
of the County under this agreement. County further agrees that the Contractor shall be entitled to recover its
reasonable and necessary attorney's fees and costs incurred in collection of amounts due under this agreement.
ARTICLE III
TERM OF AGREEMENT
3.01 PRIMARY TERM: The primary term of this agreement is for a period of one (1) year from the date of execution of
this agreement by both parties.
3.02 RENEWALS: This agreement may be renewed annually by mutual agreement of the parties. In the event that the
parties seek to renew this agreement at the end of the primary term or any renewal period, the per diem rate for
detention services shall be at a rate negotiated by the parties for such renewal period The terms, conditions and
rates with regard to any renewal period shall be as mutually agreed between the parties, and as approved by the
commissioners courts of the respective counties.
3.03 TERMINATION: This agreement shall terminate at the end of the primary term or of any renewal term unless
renewed pursuant to Section 3.02. In addition, this agreement may be terminated upon sixty (60) days written
notice by either party delivered to the officer specified herein by the other party to receive notices. This agreement
will likewise terminate upon the happening of an event that renders the performance hereunder by the Contractor
impracticable or impossible, such as severe damage to or destruction of the facility or actions by governmental or
judicial entities which create a legal barrier to the acceptance of any of the County's Inmates,
N ~ -173
ARTICLE IV
ACCEPTANCE OF INMATES
4.01 C_OMpLIANCE WITH LAW Nothing herein shall create any obligation upon the Contractor to house the County's
inmates where the housing of said inmates will, In the opinion of the Contractor's Sheriff, raise the population of the
facility above permissible numbers of inmates allowed by law, or will, in the Sheriffs opinion, create a condition of
overcrowding or create conditions which endanger the life and/or welfare of personnel and inmates at the facility, or
result in possible violation of the constitutional rights of the inmates housed at the facility. At any time that the
Contractor's Sheriff determines that a condition exists at the Contractor's facility necessitating the removal of the
County's prisoners, or any specified number thereof, the County shall, upon notice by the Contractors Sheriff to the
Sheriff of the County, immediately (within eight (8) hours) remove said prisoners from the facility.
4.02 ELIGIBILITY FOR INCARCERATION AT FACILITY
those The. only inmates of the County eligible for incarceration are
Inmates eligible for incarceration in the facility in accordance with the state standards under both the Jail
Commission approved custody assessment system in place at the County's jail and pursuant to the custody
assessment system in place at the Contractor's facility.
All inmates proposed by the County to be transferred to the Contractor's facility under this agreement must meet
the eligibility requirements set forth above. The Contractor reserves the right to review the inmates'
classificationfeligibility, and the right to refuse to accept any Inmate that it does not believe to be properly classified
as a non-high risk inmate. Furthermore, if an inmate's classification changes while incarcerated at the Contractors
facility, the Contractor reserves the right to demand that the County remove that inmate and replace said inmate
with a non-high risk inmate of the County.
4.03 E E ATION WISE REGARD TO ACCEPTANCE OR CO ITINUED INCARCERATION OF INDMIDUAL
ovM& rrs Contractor reserves the right for its Sheriff or his designated representative to review the background of
all Inmates sought to be transferred to the Contractors facility, and the County shall cooperate with and provide
information requested regarding any inmate by the Contractor's Sheriff. The Contractor reserves the right to refuse
acceptance of any prisoner of the County. Likewise, if any inmate's behavior, medical or psychological condition, or
other circumstances of reasonable concern to the Contractor's Sheriff makes the inmate unacceptable for continued
incarceration in the Contractor's facility in the opinion of the Contractors Sheriff, the County will be requested to
remove said inmate from the facility, and shall do so immediately (within eight (8) hours) upon request of the
Contractors Sheriff. Inmates may also be required to be removed from the facility when their classification changes
for any purpose, including long-term medical segregation.
4.04 AMATE SEJ "NCE• Contractor shall not be in charge or responsible for the computation or processing of
inmates time of confinement, including, but not limited to, computation of good time awards/credits and discharge
dates. All such computations and record-keeping shall continue to be the responsibility of the County. It shall be
the responsibility of the County to notify the Contractor of any discharge date for an inmate at least ten (10) days
before such date. The Contractor will release inmates of the County only when such a release is specifically
requested in writing by the Sheriff of the County. However, it is agreed that the preferred and usual course of
dealing between the parties shall be for the County to pick up and return inmates to the County facility shortly
before their discharge date, and for the County to discharge the inmate from its own facility. The County accepts all
responsibility for the calculations and determinations set forth above and for giving Contractor notice of same, and
to the extent allowed by taw, shall indemnify and hold the Contractor harmless for all liability or expenses of any
kind arising therefrom. The County is responsible for all paperwork, arrangements and transportation for inmates to
be transferred to the Texas Department of Criminal Justice-Institutional Division.
ARTICLE V
MISCELLANEOUS
5.01 BINDING NATURE OF AGRE MENT: This agreement is contractual and is binding upon the parties hereto and
their successors, assigns, and representatives.
5.02 NOTICE: All notices, demands, or other writings may be delivered by either party hereto to the other by United
States Mail or other reliable courier at the following address:
74
To Contractor, Milem County Auditor
103 W. Main, Suite A
Cameron, Texas 76520
To County: Brazos County
200 South Texas Avenue Suite 332
Bryan, Texas 77803
Sheriff Chris Kirk
1700 State Highway 21 West
Bryan, Texas 77803
The addresses to which any notice, demand, or other writing may be delivered to any party as above provided may
be changed by written notice given by such party as above provided.
5.03 AMENDMENTS: This agreement shall not be modified or amended except by a written instrument executed by the
duly authorized representatives of both parties and approved by commissioners courts of the respective parties
hereto.
5.04 PRIOR AGREEMENTS: This agreement contains all of the agreements and undertakings, either oral or written, of
the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any
such matter shall be effective.
5.05 CHOICE OF LAW ANp VENUE: The law which shall govern this agreement is the law of the State of Texas. All
consideration to be paid and matters to be performed under this agreement are payable and performable in
Cameron, Milam County, Texas, and venue of any dispute or matter arising under this agreement shall lie in a
district court of Milam County, Texas.
5.06 APPROVALS, This agreement must be approved by the Commissioners Court of the County and the
Commissioners Court of the Contractor in accordance with the Interlocal Cooperation Act
5.07 FUNDING SOURgE. The County must pay all amounts due under this agreement from current revenues available
to it in accordance with the Interlocal Cooperation Act The signature of the County's Auditor below certifies that
there is sufficient funds from current revenues available to the County to meet its obligations under this agreement
Signatures and Execution:
BRAZOS COUN XAS MILAM COUNTY, TEXAS
By: By:
County Judge Authorized and County Judge (As Authorized and
Approved b e Brazos County Approved by the Milam County
Commissi ers Court by Commissioners Court by
Order dated __ZV 7 ~(y 1 Order dated
Dat gn : Date Signed:
Brazos Cou Auditor Milam County Auditor
arazosounty eW / Milam County Sheriff
Date Approved: ./41 Date Approved:
ATTES _ ATTEST:
C-
Brazos County Clerk Milam County Clerk
I18~ ~ 175
Application No.
Contract No. 0 Supplement
Business Technology lntegrafion. Supplement No.
Full Legal Name: County of Brazos, Texas (Justice of the Peace Precinct 2 Place 1)
Address: City: State: Zip: 0
Phone: (979) 361-4370 Fax: DBA:
Billing Address: City: State: Zip:
EQUIPMENT ADDED:
Qty. Make Item Description (or Accessories)
1 Fax Option
EQUIPMENT DELETED:
Qty. Make Item Description (or Accessories)
RENTAL PAYMENT FOR NEWEQUIPMENT ONLY.
Rental Payment for New Equipment ONLY* B&W Images Allowance 0 Excess B&W Images Over Allowance* $0.0000
$24.00 Color Images Allowance 0 Excess Color Images Over Allowance* $$0.0000
Scans Allowance 0 Excess Scans Over Allowance* $0.0000
Linear Footage Allowance 0 Excess Linear Footage Over Allowance* $0.0000
This Agreement is to be billed together with Agreement(s) Please check one of the following:
All payments and images are consolidated: Q Yes ❑ No
METER READINGS VERIFIED QUARTERLY `plus applicable taxes
jugivi
32 mos. Balance of applicable term. Termination date of this supplement coincides with the termination date set forth in the DOCUMANAGE RENTAL Agreement or
previous supplement.
mos. New term for equipment referenced above only. Such term begins upon supplement endorsement and acceptance by Owner. The term of the original
Agreement shall remain in full force and effect for the remaining original equipment.
TERMS AND CONDITIONS:
You have requested this supplement to the DOCUMANAGE RENTAL Agreement (or supplement) as set forth above. Except for the specific provisions set forth above, the original
terms and conditions set forth in the DOCUMANAGE RENTAL Agreement and any personal guamaty(s) shall remain in full force and effect and are incorporated herein by reference.
OF DELIVERY.
YOU HEREBY ACKNOWLEDGE THA EQUIPM SET FOR BEEN RECEIVED, HAS BEEN PUT IN USE, IS IN GOOD WORKING ORDER AND IS
SATISFACTORY AND ACCEPTA I IAL ME R EADIN T 1: NIT 2: UNIT 3:
Signature: X te: af-7~
Print Name: For:
CUSTOMER ACCEPTANCE.
Print Name: 2andty ~ Signature: X Title: ~U
Date: e26:z A For:
•
Print Name: Signature:
Date: For:
19968a - 08/21/2006
w o
C)
Cimmmmmmm m m~
a z z Co
z z z z z z z z z'
* 6031.
° m m m m m m m m m m m m m m Co
m m
n Z' Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z a
O a)
j * U
W
U13 LO O U-5 O O D O O LO O
W
M CV CZ) m p O US r-- O
a. C14 W y Lo co ~ O O r Z N- _M ti C:) N N m Z O CL
V} EH b3 EA 09, EH EA 69 H3 U
O
J n.
-0
Z V - O O ° O° C~ O co c) O O to
N W W AN °O- vmWr, ui cm co m o
CD 4.09. 609, Go).
zN
N v a
Q1 V 0 0 m
C%i
Q co O O ° O O O N (O N eD
LO
Q LL O
_
~ a 4 uic5 m° O
Ma0
ui co o ti U7 m Q 0
N F L N c"I l m r co C! -
C., ~ co Z Z o co o O Iii
Cl)
41 E9 419- 69 69! E9 v? bq w Ci of 0
Z
F- ❑ c Q m
c J
~ZC1 io o o v m >
cv ° ca e
m(nC4 m C5 rn°ONUi o ~o a t oa,,
W t c C6C=p 0 mm m ~
° m`" m °
Q❑~ C.) ~ _ Z Z Z Cl) v ci E
Z° v v
F V Vi (i3 v3 N (fl a) c
6F). CD
m X > U_
W C S O
3
W'a m O N C C C O
C> to C~ co _ O ° C
m M in m in m m m; m m m m m -ra -0 Q m
C
r zcmC~,3Z~ZZZZZ„ ZZ LO ZZ Z Z ai c g N
41) 0 'D O (A fH e
ac U yam.. m W C O
-a aci C9 m v n`_
o 5 m O c
J O d F- .a `
o c/) $ a► c
E E E c a a 2 J9 y m p s a
m iv m 2 is L' a) a Y O N M
C3 C9 C9C9C9~ a cc o 4m W C9 W C~9C~ W m H sa o w iv v C
m is cn c C9 m m CD N u~ cn b a aNi = i° d c m
Lo U'i U".) LO
y N
C'ioi C'jC9 0 ~mN N NN yo e y o o~ u Q asN
O ~ E a `
O O ~ Q. Q N U a) = a!
M M CL
LO 3:: 2 0 C14 .6
.Q O O C O c
a3 V
N +°C N w~ d m m
~-acai'~ ~ V U=~
Z J
c ga! ca
2 c c O _V y Q o fn cc 15
>
W
o Qvaa`UU=na.Y > Z Soo 2 c c~.~ o a
U c = c a°i ° ° N 0 m -o ~ 'c Z co a~i V - ~ > c ~ v Z O.
° o o ~ a a m o= oc E V o> (D 8 X D Q
E omv~ 1-
m a~i c E'~-`v Q'c~ Cl)
W QC~O oav m~ `00 ~Z'~ W m y-a c°, m 0
_ o o ~ h a m co o As M
-2 ilf -0 cm
Q cu w V
Z CO Ix
c E o a m Q
f 177
r,
1z.
V LO Q 0 CD
O O 1f~
00
Z O LO 1- f-
r ~t
= W M 40 60)603~
LL
n° r
x
W Z
Z` 0
W F- 4K
LL Lo O CD CD C)
O O
N Y N N r " ~
t
1- N r Cl)
N O N 6H 6F) 60} 1 x; x rr
Qoo Z
C) T- 00 ryz
N Z N = C.)
Z F3 O
m M s YI:
Q ~ O r O 1
J W Lai
U c Q
o~
awCD
F- LL N W
Z
a) Q W N
m 0 0 0 0 a 00
O W T O _N ti ti U v
LL. 6% 69 00 m
E~4 Ef3 O
O
_O
N
O y ~ Q
m e O> o Z
i. m o d _ W c
V V : V d
= N N ~ N d~~ ~ Q
C d C Ra` 0 > ry
o o s .a o
U re
` .
-E CL
o o v W a
o` o` a) v I a a
~mm.0 CL a) Y v,~ <
3 t4 R N C N L, O =
t C P
D
J U N
s:
's_
J
r' N M t6 r sr~
W
Z o o
w x =
U a .tea rn p o
O cv r oo N o
w U Ix ` CN
= a c
O V Q
N U
m
N J E
N •
N Z 7 1W- 0 0
Z L co C co
Qi d N Q O
O W =
_
r ~ ° o v
W Ll. Z J Ua M w
C6 'L 1,-
.n - L y vml Q 0) P: 4A). C
%4 O 6~ Q
J O a t
m o N a T.
Q W oo •L ca
N a
c Z C
cc
m o w o Q
' L
_ 9 W Q o o z LLI 0 O W m y w y W
LL LU ui cc
_ J
a. z W Z a L F- •B 0 Q
Y O of Z> N W c U 9 LLJ C)
w o w w LL w
o C~ a a ° ° o a o
W N O W O p
a
O
(n w
p n.
v, U a
Q
Ili I~ •
Z; a
a
c1c z
V o o W oq
LL 00 o a o m O
o Q! 4'f co ~p CV 1~ m 'O F-z co ~~is a`Ois r' a' o Y WV ,A o fA
N M y K y a e- M ~
1Q Z
]C ~ ~ Y
j, W
z
N W
p
m
Z W two m cn • m A fw co two
O Q - 4* co AA N N w; ca
N Z r r V ,{9 N Q C1
q s y K N K M Y a~
m V
N
c \
p O
Z fO m Oo tO m co
ao
c) e x x x x x x x x
N d to co co _r, ao j J Z
K in a ,e x ~e, u`s D Q O Z J
v x x x x x x x O W Q Q
LU in b, a I--
v R o
o m N a `'a LU w J z ~a
S j
W F
o a
W W m o
`y_ o 0 o v
VJ r. o W O O
W er U
n.
a
a
~Ig -1g~