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HomeMy WebLinkAbout2009-04-14-9:00AM-REGULAR E~ % u+ ~yf )i?t# p} t t ~ .VTY OF-..$~P ,-.rF, - 9 P 3= 0 4 SIZAZOS COUNTY` CCiiblYc?E ~ BRYAN, TEXAS Cr' i~"p~~Y ~ T ~ "NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 14 APRIL 2009 AT 9:00 A_M- IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_ 1 _ Invocation and Pledge of Allegiance Commissioner Cawley. 2_ Call for citizen's input and/or concerns- 3. Presentation by the Brazos County Historical Commission on the OSR/El Camino Real de los Tejas National Historic Trail_ Consider and take action On agenda items 4 - 22: 4_ Request from the Budget Oft£car to rescind Budget Amendment 08/09 - 26.2 approved --4/07/09- 5. Budget Amendment 08/09 - 27.1 t1- 27.4. 6. Personnel Change of Status. 7_ Payment of Claims. 8. Contract renewal with Government Payment Services, inc_ as Brazos County's credit and debit card payment service provider, effective on the date executed for one year with the option to automatically renew for one year periods for up to five years or until terminated (previously tablec~_ Office of the County Judge - 200 South Texas - • Suite 332 Bryan, Texas 77803 - Fax: (979) 361-4503 VOL f-20 PAGE Commissioners Court Agenda 14 April 2009 Page 2 9. Order 09-006 prohibiting outdoor burning in Brazos County for ninety (90) days, effective immediately. 10. Proclamation 09-019 with the City of Bryan and the City of College Station establishing May 2009 as National Stroke Awareness Month. 11. Resolution 09-001 providing for Brazos County to participate as a co-applicant with the City of Bryan in support of an Economic Development Administration Public Works grant for Phase I Project infrastructure investment at the Next Generation Industrial Park located in the City of Bryan extraterritorial jurisdiction, Brazos County, Texas. 12. Business Associate Agreement with the City of Bryan to ensure that records transferred from the City of Bryan's Fire Department are protected from unauthorized release pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The City of Bryan will be providing information to Brazos County for EMS services to residents in the City of Bryan's Automatic Aid Response District. 13. Agreement with Bickerstaff, Heath, Delgado, Acosta, LLP for legal services in connection with, but not limited to, the 2010 Redistricting. 14. Request from Constable Butler (Pct. 4) for permission to submit a Community Oriented Policing Services (COPS) Hiring Recovery Program grant application for one (1) full- time Deputy Constable. 15. Request from the Brazos County Sheriff for permission to submit a Community Oriented Policing Services (COPS) Hiring Recovery Program grant application for three (3) full-time sworn Deputies. 16. Interlocal Agreement with the City of Bryan and the City of College Station for the purpose of applying for a joint grant under the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program, with the grant award to be disbursed between the three entities. 17. Reconsider an application for waiver of property penalty and interest of property tax for William W. or Marimarlene Clay. 18. Tax Refund Applications for the following: a. Vericrest Financial, Inc. f. Isabel Liu b. Ken Richardson g. Patricia Carothers c. John Deere Landscapes h. Mallory S. Kollaja d. Rick Valez & Alma Guerrero i. Vera F. Wyatt (2) e. Sofia & Louis Davila, III j. William E. Heitkamp 19. Requisition #00023720 in the amount of $1,400.00 to S. M. Hodge Co. for upgrade of the microphone systems in Assembly Rooms 3 and 4 of the Brazos Center. 5 Commissioners Court Agenda 14 April 2009 Page 3 20. Permission to award Bid 2009-027, Shop Supplies and Auto Parts, to NAPA College Station. 21. Acceptance of Fisher Ranch Subdivision Phase 1 into the Brazos County road maintenance system; the roads (Fisher Ranch Road, Tyler Ranch Road and Sunup Drive) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 2. 22. Payment Authorization in the amount of $420.00 to National Elevator Inspection Services for elevator inspection. 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. Agency / Board / Committee reports by Court members. 26. Adjourn lit) Commissioners Court Agenda 14 April 2009 Page 4 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. 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 APRIL 14, 2009 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, April 14, 2009 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and then led the pledge of allegiance. There was no input/and or concerns. The Court heard a presentation by Barbara Althouse from the Brazos County Historical Commission on the OSR/E1 Camino Real de los Texas National Historic Trail. She asked the Court to participate in the Historic Trail Project. The next matter before the Court was the rescinding of Vol A0 Page o Commissioners Court meeting April 14, 2009 2 Budget Amendment 08/09-26.2 that was approved April 7, 2009. The amounts indicated in the amendment were incorrect. On motion by the County Judge, seconded by Commissioner Peters the Court voted unanimously to rescind Budget Amendment 08/09- 26.2. The Court next considered Budget Amendment #08/09-27.1 through 27.4 that would reallocate funds for the Hotel Occupancy Tax Fund (HOT), Brazos Center, Information Technology Department, Brazos County Drug Court. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7060799 through 7061008 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. Vol P0 Page 01 Commissioners Court meeting April 14, 2009 3 The next matter before the Court was consideration of a contract renewal with Government Payment Services, Inc. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to remove this from the agenda as it was placed there by mistake. The next matter before the Court was consideration of Order 09-006, prohibiting outdoor burning in Brazos County for ninety (90) days. On motion by Commissioner Mallard, seconded by Commissioner Peters the Court voted unanimously to lift the ban at this time but to keep it on the agenda. This will be effective immediately. The County Judge read aloud Proclamation #09-019 designating the month of April, 2009 as "National Stroke Awareness Month". The Court joins with the cities of Bryan and College Station to educate the public about strokes and call upon the citizens to familiarize themselves with the warning signs, symptoms and risk factors associated with stroke. On motion by the County Judge, seconded by Commissioner Peters the Court moved to proclaim the month of April 2009 as "National Stroke Awareness Month" throughout Brazos County. Vol 190 Page (0,~ Commissioners Court meeting April 14, 2009 4 The next matter before the Court was consideration of Resolution 09-001, providing for Brazos County to participate as a co-applicant with the City of Bryan in support of an Economic Development Administration Public Works grant for Phase I project infrastructure investment at the Next Generation Industrial Park located in the City of Bryan's extra territorial jurisdiction, Brazos County, Texas. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to adopt the Resolution for Economic Development Administration Public Works Grant for Phase I. A copy is attached. The next matter before the Court was consideration of a Business Associate Agreement with the City of Bryan to ensure that records transferred from the City of Bryan's Fire Department are protected from unauthorized release pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPPA). The City of Bryan will be providing information to Brazos County for EMS services to residents in the City of Bryan's Automatic Aid Response District. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Agreement and authorized the County Judge to execute the document. A copy is attached. Vol R0- Page (a3 Commissioners Court meeting April 14, 2009 5 The Court next considered an Agreement with Bickerstaff, Heath, Delgado, Acosta, LLP for legal services in connection with the 2010 Redistricting. Fees for legal services are based on an hourly rate. Standard billing rates for partners are between $490 and $200 per hour, associates and staff attorneys are between $250 and $165 per hour, for paralegals and specialists are between $150 and $110 per hour, law clerks is $60 per hour and case clerks is $50 per hour. On motion by Commissioner Peters, seconded by the County Judge, 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 request from Constable, Precinct 4, Isaac Butler for permission to submit a Community Oriented Policing Services (COPS) Hiring Recovery Program grant application for three (3) full-time sworn Deputies. Commissioner Peters stated that this is something that is needed regardless if the grant pays the salaries. The County Judge said that Constable Butler is taking on more bailiff duties as well as others. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the request for permission to submit the grant application, authorized the County Judge to Vol 00 Page 0 Commissioners Court meeting April 14, 2009 6 execute the document, and to accept such funds as might be awarded. A copy of the application is attached. The Court considered another request for permission to submit a Community Oriented Policing Services (COPS) Hiring Recovery Program grant application for three (3) full-time sworn Deputies. This request was submitted by the Sheriff. Commissioner Peters stated that he did not see a need at this time as the Sheriff has added lots of staff over the last few years. Even though the grant pays the first three (3) years, Brazos County will have to pick up the cost from that point forward and considering the economic times, he feels that we should be cautious in our spending. The Sheriff stated that the problem in the community right now is home burglaries. Three were committed the day before and this is the reason for the request. There has also been an increase in the number of warrants served. He would like one (1) deputy for day patrol, one (1) for night patrol, and one to help serve warrants. The County Judge asked about vehicles at which the Sheriff replied that the grant does not fund vehicles but that there are other opportunities. He said he would not come to the County for them but would look elsewhere for help. Commissioner Wassermann asked how many deputies we can request from the grant. Commissioner Mallard discussed the number of warrants Vol P Page 65 Commissioners Court meeting April 14, 2009 7 served. Both the County Judge and Commissioner Wassermann expressed concern that this request might reduce the number of deputies allocated to Constable Butler. The County Judge moved to approve the request for permission to submit the grant application, authorized the County Judge to execute the document, and to accept such funds as might be awarded. Commissioner Mallard seconded the motion. Commissioners Mallard, Wassermann and the County Judge voted "Aye". Commissioner Peters voted "No". The motion carried. The Court next considered an Interlocal Agreement with the Cities of Bryan and College Station for the purpose of applying for a joint grant under the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) to be used for equipment, technology, and programs to prevent, suppress and control crime. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the Interlocal Agreement and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of rescinding approval of an application for waiver of property penalty and interest of property tax for William W. or Marimarlene Clay. The County Auditor indicated that this was approved in error last week. On motion by the County Judge, Page Vol At) bb Commissioners Court meeting April 14, 2009 8 seconded by Commissioner Peters, the Court voted unanimously to rescind the approval of the application for waiver of property penalty and interest of property tax for William W. or Marimarlene Clay. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Vericrest Financial, Inc., over payment $1,160.98 b. Ken Richardson, over payment $236.32 c. John Deere Landscapes, over payment $2,496.85 d. Rick Valez & Alma Guerrero, over payment $1,470.56 e. Sofia & Louis Davila, III, over payment $48.71 f. Isabel Liu, over payment $65.39 g. Patricia Carothers, over payment $37.23 h. Mallory S. Kollaja, over payment $ 6.11 i. Vera F. Wyatt, over payment (2) $182.37 & $41.36 j. William E. Heitkamp, over payment $83.51 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered requisition 400023720 in the amount of $1,400000 to S. M. Hodge Co. for upgrade of the microphone systems in Assembly Rooms 3 and 4 of the Brazos Center. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the requisition. The Court next considered awarding Bid No. 2009-28, Shop Supplies and Auto Parts. Charles Wendt, Assistant Purchasing Vol ( c 0 Page ~(2'7 Commissioners Court meeting April 14, 2009 9 Agent, recommended acceptance of the bid submitted by Napa College Station. 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 to Napa College Station. A copy of the bid tabulation is attached. The next matter before the Court was consideration of acceptance of Fisher Ranch Subdivision Phase 1 into the Brazos County Road Maintenance System. The roads, Fisher Ranch Road, Tyler Ranch Road and Sunup Drive and the drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. The site is in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to accept Fisher Ranch Subdivision Phase 1 into the Brazos County Road Maintenance System. The Court next considered a payment authorization in the amount of $420.00 to National Elevator Inspection Services for elevator inspection. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: Vol ,Page (P 6 Commissioners Court meeting April 14, 2009 10 Commissioner Mallard a) Stated that he knows someone that bought property in foreclosure. There was a mistake because owner paid delinquent taxes but the funds were applied to wrong set of taxes owed. The owners did what they should have to stop foreclosure even though still behind in payments. He asked to talk to Kristy Roe about this. Under citizen input and/or concerns, the following spoke: Sheriff Chris Kirk a) There were 527 inmates in jail, 48 are in Anderson County, 79 have monitors and 29 are pending for monitors. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) There will be a meeting tomorrow at 2:00 p.m. with Patterson Architects to discuss Courthouse Renovations. He will not be able to attend due to the quarterly meeting of the Research Valley Partnership. He asked Candy to record the meeting for him so that he could keep up. There being no further business to come before the Court, the meeting was adjourned. Vol Ido Page i The foregoing minutes of the Commissioners Court meeting held April 14, 2009 have been examined and are approved in open Court this the day of maw 2009, in Bryan, Brazos County, Texas. Randy S' s Lloyd assermann County""Judge Commissioner, Precinct 1 Duane Peters Kenny Mara d Commissioner, Precinct 2 Commission Preci ct 3 As M Carey Cauley, Jr. Commissioner, Precinct 4 Attest: C aren McQueen County Clerk Vol /J 0 Page -70 Pg / of 3 BRAZOS COUNTY COMMISSIONER'S COURT )Z-f DAY OF z~~ , 20P_ -e" M, Name Organization (PLEASE PRINT) (PLEASE PRINT) I1 1. e S a / A PA 1 5704 c'~~ ~ Co A2 &f A Pg o2 of 3 BRAZOS COUNTY COMMISSIONER'S COURT 0 Ll - DAY OF 920 q CA~JkM9 Name Organization (PLEASE PRINT) (PLEASE PRINT) Pg 3 of BRAZOS COUNTY COMMISSIONER'S COURT 1 _ AY OF alPa , 20,05' AM/, Name Organization (PLEASE PRINT) (PLEASE PRINT) 'R, r Y~~ c ~r- - s _ .,~-z c (A (?-J- 'r\yr~ , 'SS !cwt- l 4P6;,4P /his _Tn, Ply&r, COAN177~~ ff r 7~3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 27.1 thru 27.4 On this the 14'' day of April 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 14 April 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 14'h day of April 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: 4R::~ms, Coun 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 - 27.1 4/14/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1100 11002500 60008000 CR Clothin & Uniforms 2,500.00 1100 11002500 67670000 DR Printers 1,000.00 1100 11002500 60170000 DR Co ier/Printer Supplies 1,500.00 Hotel Occupancy Tax Fund HOT To reallocate funds to allow for the purchase of a printer for printing color brochures and to allow for the purchase of color cartria es needed for the printer. This amendment replaces amendment number 08/09 - 26.2 which was approved b Commissioners Court on 4/7/09 and was incorrect. Department Approv' Date Prepared By: ifj; Date: 4/7/2009 County Judg p;pr . I ` Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 27.2 4/14/2009 FUND Div ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 65050000 CR Building Maintenance 400.00 0100 91110000 DR Transfer to Capital Improvement Fund 400.00 4500 63000500 67581000 DR Vehicles 400.00 4500 49028000 CR Transfer from General Fund 400.00 Brazos Center and General Capital Im rovement Fund To reallocate additional funds needed for the renovations speakers system in Assembly Rooms 3 and 4 at the Brazos Center. The current budgeted amount is $1,000.00 bids came in at $1,400. This budget amendment allows for the additional funds needed to complete the project. epa gn Approv Date' Prepared By: - ifj~ Date: 4/812009 County Judg pproval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 27.3 4/14/2009 FUND Div ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 14000100 80205000 CR Network Costs 8,015.06 0100 14000100 65440000 DR Network Maintenance 8,015.06 Information Technology To reallocate funds to the proper account code, from a ca itilization account to a maintenance account. Department Approv' Date Prepared By: ifj :Date: ¢/8/2009_ Coty ....9 pP.. Date - un Jud e _ royal, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 27.4 4/14/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22700100 67203000 CR Minor Computer Hardware 230.00 0100 22700100 60500000 DR Office Equipment 230.00 Brazos County Drug Court To reallocate funds to the proper account code. The digital camera was under $250.00 re uried to be purchased out of account # 67203000. t Departure pproy Date. , - Prepared By: if1 Pate: 4/812009„ 1 County Judge proval Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 14, 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 Jasso, Maria Ester New Hire Exposition Complex Cole, Tracy L. Termination Cook, Alan J. New Hire Justice of the Peace Pct.4 Garcia, Mary Alice New Hire Soares, Ida O. Resignation Vela, Elizabeth R. Promotion Juvenile Services Figueroa, Jose Transfer within Department Sheriff's Office - Jail Moore, Vickie Termination Approved in Commissioners' Court: April 14,2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) C% ti~ r I r r BRAZOS COUNTY BRYAN. THXA6 RESOLUTION A RESOLUTION AUTHORIZING THE SUBMITTAL OF A UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT TO ASSIST WITH PHASE I PUBLIC WORKS PROJECT FUNDING OF A NEXT GENERATION INDUSTRIAL PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Brazos County is actively pursuing a Next Generation Business Park with the City of Bryan and the Research Valley Partnership; and WHEREAS, a Next Generation Business Park is needed to further economic development in the community, including the enticement of new and expanding industry; and WHEREAS, costs for such a project is extensive and requires the purchasing of land, additional and/or new infrastructure (inclusive of rail, water, wastewater, streets/roads), and other related costs associated with such a development; and WHEREAS, funding assistance may be available through an Economic Development Administration (EDA) Public Works Grant; and WHEREAS, an EDA Grant could be used for infrastructure costs in an amount of approximately $2,000,000.00; and WHEREAS, the City of Bryan might be expected to cover thirty (30) percent of a grant; that is a 70/30 matching grant with the City being responsible for the lesser amount; and WHEREAS, Brazos County is a co-owner along with the City of Bryan in the property and project contemplated for a grant; and WHEREAS, Brazos County finds that it is in the best interest of the County to join as a co- applicant with the City of Bryan in Bryan's application for an EDA Grant; and NOW THEREFORE, BE IT, RESOLVED the Brazos County Commissioners Court approves the submission of an Economic Development Administration Public Works Grant as a co- applicant with the City of Bryan, with the intent of pursuing a next generation business park. Section 1 This resolution shall be attached to the Economic Development Administration Public Works Grant application. Section 2 This resolution shall become effective immediately upon its passage and approval. APPROVED AND ADOPTED at a re0ar meeting of the Brazos ounty Comml ioners 9 Court on this 14-~_ day of 'Apr 1200 y Sims, County Judge jare T: n M een, unty lerk ` Resolution #09-001 l BUSINESS ASSOCIATE AGREEMENT THIS Agreement is entered into on this 14th day of April 2009 between THE CITY OF BRYAN ("ENTITY") and BRAZOS COUNTY, TEXAS ("BUSINESS ASSOCIATE"). WHEREAS, ENTITY is an "ENTITY' as that term is defined in Health Insurance Portability and Accountability Act Privacy Regulation, ("Privacy Regulation") will make available to BUSINESS ASSOCIATE certain Information that is confidential and must be afforded special treatment and protection. WHEREAS, BUSINESS ASSOCIATE will have access to and/or receive from ENTITY certain protected health information that can be used or disclosed only as permitted by the Health Insurance Portability and Accountability Act of 1996, and the Rules and Regulations enacted with respect thereto, as the same may be amended regarding privacy of individual identifiable health information. Definitions: Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule. Specific definitions: Business Associate. "Business Associate" shall mean BRAZOS COUNTY, TEXAS. ENTITY. "ENTITY" shall mean the CITY OF BRYAN, TEXAS. Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR § 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. Protected Health Information. "Protected Health Information" shall have the same meaning as the term "protected health information" in 45 CFR § 164.501, limited to the information created or received by BUSINESS ASSOCIATE from or on behalf of ENTITY. Required By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 CFR § 164.501. Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee. Obligations and Activities of BUSINESS ASSOCIATE BUSINESS ASSOCIATE agrees to not use or disclose Protected Health Information other than as permitted or required by the Agreement or as Required By Law. BUSINESS ASSOCIATE agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. BUSINESS ASSOCIATE agrees to mitigate, to the extent practicable, any harmful effect that is known to BUSINESS ASSOCIATE of a use or disclosure of Protected Health Information by BUSINESS ASSOCIATE in violation of the requirements of this Agreement. BUSINESS ASSOCIATE agrees to report to ENTITY any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware. City of Bryan Fire Department I Business Associate Agreement Form V09 BUSINESS ASSOCIATE agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by BUSINESS ASSOCIATE on behalf of ENTITY agrees to the same restrictions and conditions that apply through this Agreement to BUSINESS ASSOCIATE with respect to such information. BUSINESS ASSOCIATE agrees to provide access, at the request of ENTITY, and in the time and manner to Protected Health Information in a Designated Record Set, to ENTITY or, as directed by ENTITY, to an Individual in order to meet the requirements under 45 CFR § 164.524. BUSINESS ASSOCIATE agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the ENTITY directs or agrees to pursuant to 45 CFR § 164.526 at the request of ENTITY or an Individual, and in the time and manner designated by ENTITY. BUSINESS ASSOCIATE agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by BUSINESS ASSOCIATE on behalf of, ENTITY available to the ENTITY, or to the Secretary, in a time and manner designated by the ENTITY or designated by the Secretary, for purposes of the Secretary determining ENTITY'S compliance with the Privacy Rule. BUSINESS ASSOCIATE agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for ENTITY to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528. BUSINESS ASSOCIATE agrees to provide to ENTITY or an Individual, in time and manner designated by ENTITY information collected in accordance with Section III (i) of this Agreement, to permit ENTITY to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528. Permitted Uses and Disclosures by BUSINESS ASSOCIATE Refer to underlying services agreement: Except as otherwise limited in this Agreement, BUSINESS ASSOCIATE may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, ENTITY as specified in the Clinical Affiliation Agreement, provided that such use or disclosure would not violate the Privacy Rule if done by ENTITY or the minimum necessary policies and procedures of the ENTITY. Specific Use and Disclosure Provisions a. Except as otherwise limited in this Agreement, BUSINESS ASSOCIATE may use Protected Health Information for the proper management and administration of the BUSINESS ASSOCIATE or to carry out the legal responsibilities of the BUSINESS ASSOCIATE. b. Except as otherwise limited in this Agreement, BUSINESS ASSOCIATE may disclose Protected Health Information for the proper management and administration of the BUSINESS ASSOCIATE, provided that disclosures are Required By Law, or BUSINESS ASSOCIATE obtains reasonable assurances from City of Bryan Fire Department I Business Associate Agreement Form V09 the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the BUSINESS ASSOCIATE of any instances of which it is aware in which the confidentiality of the information has been breached. c. Except as otherwise limited in this Agreement, BUSINESS ASSOCIATE may use Protected Health Information to provide Data Aggregation services to ENTITY as permitted by 42 CFR § 164.504(e)(2)(i)(B). d. BUSINESS ASSOCIATE may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with § 164.5020)(1). Obligations of ENTITY Provisions for ENTITY to Inform BUSINESS ASSOCIATE of Privacy Practices and Restrictions a. ENTITY shall notify BUSINESS ASSOCIATE of any limitation(s) in its notice of privacy practices of ENTITY in accordance with 45 CFR § 164.520, to the extent that such limitation may affect BUSINESS ASSOCIATE'S use or disclosure of Protected Health Information. b. ENTITY shall notify BUSINESS ASSOCIATE of any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect BUSINESS ASSOCIATE'S use or disclosure of Protected Health Information. c. ENTITY shall notify BUSINESS ASSOCIATE of any restriction to the use or disclosure of Protected Health Information that ENTITY has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction may affect BUSINESS ASSOCIATE'S use or disclosure of Protected Health Information. Permissible Requests by ENTITY ENTITY shall not request BUSINESS ASSOCIATE to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by ENTITY. Term and Termination a. Term. The Term of this Agreement shall be effective as of the date of execution of this Agreement, and shall terminate when all of the Protected Health Information provided by ENTITY to BUSINESS ASSOCIATE, or created or received by BUSINESS ASSOCIATE on behalf of ENTITY, is destroyed or returned to ENTITY, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section. City of Bryan Fire Department I Business Associate Agreement Form V09 b. Termination for Cause. Upon ENTITY's knowledge of a material breach by BUSINESS ASSOCIATE, ENTITY shall either: 1. Provide an opportunity for BUSINESS ASSOCIATE to cure the breach or end the violation and terminate this Agreement if BUSINESS ASSOCIATE does not cure the breach or end the violation within the time specified by ENTITY; 2. Immediately terminate this Agreement if BUSINESS ASSOCIATE has breached a material term of this Agreement and cure is not possible; or 3. If neither termination nor cure is feasible, ENTITY shall report the violation to the Secretary. c. Effect of Termination. 1. Except as provided in paragraph (2) of this section, upon termination of this Agreement, for any reason, BUSINESS ASSOCIATE shall return or destroy all Protected Health Information received from ENTITY, or created or received by BUSINESS ASSOCIATE on behalf of ENTITY. 2. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of BUSINESS ASSOCIATE. BUSINESS ASSOCIATE shall retain no copies of the Protected Health Information. 3. In the event that BUSINESS ASSOCIATE determines that returning or destroying the Protected Health Information is not feasible, BUSINESS ASSOCIATE shall provide to ENTITY notification of the conditions that make return or destruction infeasible. Upon BUSINESS ASSOCIATE'S reasonable determination that return or destruction of Protected Health Information is not feasible, BUSINESS ASSOCIATE shall extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as BUSINESS ASSOCIATE maintains such Protected Health Information. Miscellaneous a. Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended. b. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for ENTITY to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. c. Survival. The respective rights and obligations of BUSINESS ASSOCIATE under Section [Insert Section Number Related to "Effect of Termination"] of this Agreement shall survive the termination of this Agreement. d. Interpretation. Any ambiguity in this Agreement shall be resolved to permit ENTITY to comply with the Privacy Rule. City of Bryan Fire Department I Business Associate Agreement Form V09 IN WITNESS WHEREOF, ASSOCIATE and ENTITY have caused this Contract to be signed and delivered by their duly authorized representatives, as of the date set forth above. BRAZ OU S By: Print Name: rn.s Title: ~ t I I) CITY O AN FIRE DEPARTMENT By:_ I Print Name: ' c. b, r3 e k ll Title: C- N City of Bryan Fire Department I Business Associate Agreement Form V09 f Bickerstaff Heath Delgado Acosta LLP 816 Congress Avenue Suite 1700 Austin, Texas 78701 (512) 472-8021 Fax (512) 320-5638 www.bickerstaff.com February 19, 2009 Honorable Randy Sims County Judge Brazos County 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Re: Legal Services Dear Judge Sims: Thank you for selecting our law firm to represent Brazos County. We appreciate your confidence in us and will do our best to continue to merit it. The purpose of this letter, together with the enclosed "Standard Terms of Engagement," is to set out our understanding with respect to the specific terms of our relationship. Please review the Standard Terms of Engagement carefully and contact us promptly if you have any questions regarding our relationship. This letter, together with the Standard Terms of Engagement, constitutes our agreement with you (this "Agreement") under which our services will be provided. Identity of Client We will be representing the interests of Brazos County, Texas. Nature and Scope of Representation We understand that while in the future we may from time to time be employed on other matters our present relationship is limited to representing Brazos County in connection with 2010 redistricting. Supervision and Delegation I will be the partner who will coordinate and supervise the services we perform on your behalf with the assistance of Sherry McCall, our GIS Specialist. I anticipate that I will perform most of the legal work on this matter. We routinely delegate selected responsibilities to other persons in our Firm when, because of special expertise, time availability or other reasons, they r ~_YS Letter to Judge Sims February 19, 2009 Page 2 are in a better position to carry them out. In addition, we will try, where feasible and appropriate, to delegate tasks to persons who can properly perform them at the least cost to you. Financial Arrangements The enclosed Standard Terms of Engagement, together with this letter, outlines the financial terms of our engagement. My hourly rate is $350.00 per hour, and the rate of our GIS Specialist is $150.00 per hour. The hourly rate for other attorneys will range from $250 to $350 per hour, depending on experience, and other technical staff and paralegal time is billed at $130.00 per hour. The cost of the Initial Assessment is a flat fee of $3,000.00, plus an hourly charge for GIS services. If anything in this letter or the Standard Terms of Engagement is unclear or presents a problem to you, please advise me promptly so we may discuss it and reach a full understanding. Acceptance of Terms If this arrangement is acceptable to you, please sign the enclosed duplicate original of this letter and return it to us at your earliest convenience. We truly appreciate the opportunity to be of service to you and look forward to working with you in a mutually beneficial relationship. Sincerely, David Mendez AGREED TO AND ACCEPTED BRAZO UN By: [Printed e] Title: S Date: ~fl f ~k C cc: Billing Department STANDARD TERMS OF ENGAGEMENT This statement sets forth the standard terms of our engagement as your attorneys. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions. We suggest that you retain this statement in your file. 1. The Scope of Our Work You should have a clear understanding of the legal services we will provide. Any questions that you have should be dealt with promptly. We will provide services related only to matters as to which we have been specifically engaged. We will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of your legal matters are expressions of our best professional judgment, but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. We cannot guarantee the success of any given matter, but we will strive to represent your interests professionally and efficiently. 2. Fees For Legal Services Our charges for professional services are customarily based on the time devoted to the matter, the novelty and difficulty of the questions presented, the requisite experience, reputation and skill requested to deal with those questions, time limitations imposed by the circumstances, and the amount involved and the results obtained. Unless otherwise indicated in writing, our fees for legal services are determined on the basis of the hourly rates of the respective lawyers and paralegals who perform the services. These rates vary depending on the expertise and experience of the individual. We adjust these rates annually, increasing them to reflect experience, expertise, and current economic conditions. We will notify you in writing if this fee structure is modified. At the present time the standard billing rates for partners in this firm are between $490 and $200 per hour; the billing rates for associates and staff attorneys are between $250 and $165 per hour; the billing rates for paralegals and specialists are between $150 and $110 per hour, the billing rate for law clerks is $60 per hour, and the billing rate for case clerks is $50 per hour (all fees quoted are in U.S. Dollars). 3. Other Charges All out-of-pocket expenses (such as long distance telephone charges, copying charges, travel expenses, messenger expenses and the like) incurred by us in connection with our representation of you will be billed to you as a separate item on your monthly statement. We have enclosed a description of the most common expenses. 4. Billing Procedures and Terms of Payment Our billing period begins on the 16th of the month and ends on the 15th of the following vy~ month. We will render periodic statements to you for legal services and expenses. We usually mail these periodic statements toward the end of the month following the latest date covered in the statement. You agree to pay each statement in full in U.S. Dollars within the time for payment established by Texas Government Code Section 2251.021 (or any successor statute). Should you fail to pay any sum within such payment period, you promise to pay interest on all sums overdue in accordance with the rate and provisions specified in Texas Government Code Section 2251.025 (or any successor statute). For your convenience, we have attached to this letter copies of Sections 2251.021 and 2251.025 of the Texas Government Code. If you have any question or disagreement about any statement that we submit to you for payment, please contact me at your earliest convenience so that we can resolve any problems without delay. Typically, such questions or disagreements can be resolved to the satisfaction of both sides with little inconvenience or formality. 5. Termination of Services You have the right at any time to terminate our employment upon written notice to us, and if you do we will immediately cease to render additional services. We reserve the right to discontinue work on pending matters or terminate our attorney-client relationship with you at any time that payment of your account becomes delinquent. Additionally, in the event that you fail to follow our advice and counsel, or otherwise fail to cooperate reasonably with us, we reserve the right to withdraw from representing you upon short notice, regardless of the then status of your matter. No termination shall relieve you of the obligation to pay fees and expenses incurred prior to such termination. 6. Retainers A retainer is not required to commence work on this matter 7. Retention of Documents Although historically we have attempted to retain for a reasonable time copies of most documents generated by this Firm, we are not obligated to do so, and we hereby expressly disclaim any responsibility or liability for failure to do so. You must ultimately retain all originals and copies you desire among your own files for future reference. 8. Fee Estimates We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. Our attorneys do their best to estimate fees and expenses for particular matters when asked to do so. However, an estimate is just that, and the fees and expenses required are ultimately a function of many conditions over which we have little or no control, especially in litigation or negotiation situations where the extent of necessary legal services may depend to a significant degree upon the tactics of the opposition. Unless otherwise agreed in writing with respect to a specific matter, all estimates made by us shall be subject to your agreement and understanding that such estimates do not constitute maximum or fixed fee 1 1 r quotations and that the ultimate cost is frequently more or less than the amount estimated. 9. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. Venue of any case or controversy arising under or pursuant to this Agreement shall be in Travis County, Texas, United States of America. 10. Questions If you have any questions from time to time about any aspect of our arrangements, please feel entirely free to raise those questions. We want to proceed in our work for you with a clear and satisfactory understanding about every aspect of our billing and payment policies; and we encourage an open and frank discussion of any or all of the matters mentioned in this memorandum. CTO a Client Costs Advanced Bickerstaff Heath Delgado Acosta LLP The firm incurs expenses on behalf of clients only when required by the legal needs of the clients. Some cases or matters require extensive use of copy facilities, and other cases may not be so paper intensive. Standard services such as secretarial and word processing time, file setup, and file storage are not charged; however, other expenses such as long distance fees, copies, delivery fees, and fax charges are billed to the client needing those services. An explanation of the billing structure is as follows: Delivery Services Outside delivery services are used for pick-up and delivery of documents to the client as well as to courts, agencies, and opposing parties. Outside delivery fees are charged to the client at the rate charged to the firm. Overnight delivery services are also charged at the rate charged to the firm. Firm Office Services Department personnel may provide delivery service in urgent situations and charges for such in-house service will not exceed the charge that would be made by an outside service in a similar situation. Tel phone Our long distance charges are based on the exact number of minutes per call as provided by our carriers. The rate applied to the call is equal to the per minute charge by our long distance carrier, plus applicable taxes and surcharges imposed by governmental entities. Cell phone charges will be charged at invoice rate if the call is long distance; otherwise, local cell phone charges will not be charged to the client. Postage Our postal equipment calculates exact U.S. postage for all sizes and weights of posted material. The rate charged for postage is the same as the amount affixed to the material that is mailed. We will not charge clients for postage on routine correspondence; however, the cost of large-volume mail, certified mail, or other additional mail services will be charged to the client. - Copies Our standard rate for black and white copies made by firm personnel is $0.15 per copy. Color copies are charged at a standard rate of $0.55 per copy. These charges cover paper, equipment costs, and other supplies. If savings can be realized within the required time frame by sending copy jobs to subcontractors, the firm uses only qualified legal services copiers and the cost charged to the client is the same as the amount billed to the firm. '0' C Computerized Research if a case requires the use of computerized legal research, trained and skilled legal researchers are used to minimize on-line data charges. The per minute fees for on-line connect time are charged to the client at the rate charged to the firm, plus applicable taxes and surcharges imposed by governmental entities. Fax Fax copies will be charged at the rate of $.25 per page. Travel Attorney and paralegal time spent traveling on behalf of a client is billed to the client. Hotel, meal, local transportation, and similar expenses are charged based on receipts and travel expense forms submitted by the attorney. Documentation is available to the client if requested. Other Expenses Expenses. incurred to outside providers in connection with the client's legal services should be paid by the client directly to the outside provider unless specifically arranged in advance. If the firm agrees to pay outside providers, the cost charged to the client is the same as the amount billed to the firm. Examples of such charges include: court reporter fees, filing fees, newspaper charges for publication notices, expert witness fees, consultants and other similar expenses. Such expenses will be incurred only in conjunction with client-approved activities. PROPOSED SCOPE OF SERVICES 1. Initial schedule planning. The Firm will consult with the Commissioners Court and establish a tentative schedule for performance of the various tasks for which the Firm has been engaged. This would include scheduling Commissioners Court meetings, work sessions and public meetings; establishing target dates for presentation of proposed plans for Commissioners Court consideration and/or for public discussion; establishing the target deadline for Commissioners Court adoption of a redistricting plan and the target deadline for submission of a preclearance request to the Department of Justice. The Firm will counsel the Commissioners Court and clearly define its responsibility in the redistricting process. 2. Conduct training sessions. If desired, the Firm will also schedule training sessions or workshops for the Commissioners Court or any County Staff who will be involved with the County's redistricting process. Possible topics include overview of applicable legal standards; development of redistricting criteria; organization and coordination of redistricting process and schedule; role of public input and conduct of public meetings; required documentation for preclearance submission; and GIS and demographic capabilities. 3. Identify and begin other Census-release tasks. Tasks in this category may include: (i) collecting data concerning existing Commissioners Court member voting district boundaries, to be input into the Firm's GIS/redistricting software databases, and verified, and any other demographic or boundary related data or information the County may have; (ii) assisting the County with preparation of draft resolutions, public notices, and other documents likely to be needed during the process (and preparation of their translation into Spanish); and (iii) identifying and beginning to collect data and documents likely needed as part of any ultimate preclearance submission. .The Firm is experienced in the use of census data and Tiger/Line files and is capable of drawing districts at various levels of geography. Where possible, the geographical units the Firm recommends be used are election -(voting) precincts, which in -census terminology - are - known as voting- - - tabulation districts or VTDs. This is especially appropriate in the context of seeking to avoid Shaw v. Reno liability. In the event of unforeseen appropriate circumstances, the Firm would use VTD geography with census population data. The Firm will work and coordinate with the County and will provide assistance on BAS and LUCA survey responses by County to the extent required. 1 /O V 5 1 4. Performing an initial assessment. Upon the release of the Census Data in 2011, the Firm will examine the new population data and compare it to the existing County boundaries, to determine whether current election districts have become sufficiently unbalanced in population as to require the County to engage in redistricting. This initial assessment will be presented to and discussed with the Commissioners Court. 5. Development and adoption of criteria for redistricting. The Firm will assist the Commissioners Court in identifying and adopting practical and legal criteria to be followed during the redistricting process. In light of Shaw v. Reno-type of cases and the standards that have emerged from them, this is a critical element of a successful redistricting process, and important to establishing defensibility of an adopted plan against later litigation. 6. Develop redistricting plans. The Firm will develop redistricting plans for Commissioners Court members' election districts, using the Firm's GIS and demographic capabilities. The Firm will work with the Commissioners Court to develop plans suitable for preclearance submission, and which take into account, consistent with the applicable legal requirements, the various practical and political considerations the Commissioners Court determines are relevant. We anticipate that a number of plans may be developed, each responding to a different set of considerations proposed by the Commissioners Court and that some modifications or refinements may be required before a plan is acceptable to the Commissioners Court. As desired, the Firm will provide written materials in support or explanation of any plans developed at the Commissioners Court's request by the Firm. 7. Advise the Court regarding the merits of plan(s). The Firm will advise the Commissioners Court of the relative legal and practical merits of particular plans under consideration. Members of the Firm will attend meetings of the Commissioners Court at which plans are presented and discussed. As desired, the Firm will provide written materials in'support or explanation of any plans evaluated by the Firm at the Commissioners Court's request. In addition, the Firm will provide an independent assessment of any-plans under. serious considerati-on. This assessment will__ verify whether and how the plan under consideration satisfies the applicable legal standards and whether adopted redistricting criteria appear to have been followed. 8. Conduct public presentation and discussion of proposed plans. Typically, one or more plans proposed by the County will be presented for public comment. The Firm will conduct public presentations of proposed plans and summarize public comments for the Commissioners Court. PO ` Testimony at each hearing will be transcribed by a certified court reporter. The gist of such meetings, public comments on the specific plans presented, and the County's responses, should be characterized in the preclearance submission. Our experience is that the time and cost for attorney review of such meetings associated with preparation of the submission package is greatly reduced - by more than the cost of the reporter - if there is an accurate printed transcript on which to rely, in lieu of poring over tapes of the meetings, from which identification of the various speakers is difficult at best, if not impossible, and which may suffer unpredictably from poor sound quality or even wholly missed portions of meetings. 9. Preparation of preclearance submission. Upon adoption of a plan, the Firm will prepare the required Voting Rights Act section 5 preclearance submission for the Department of Justice, including assembling all documentation required. As the County is aware, under section 5 of the Voting Rights Act, any redistricting plan adopted by the Commissioners Court will need to be approved by the Department of Justice or by a three judge district court in the District of Columbia before it can be implemented. The Firm has prepared hundreds of submissions to the Department of Justice and routinely does this for its redistricting clients. It is important that the submission not be thought of as merely something that happens at the end of the process. Rather, the redistricting process should be specifically designed to address the issues that will be important to the Department of Justice and to develop the material that will need to be included in the submission. It is also important to remember that the submission process involves not only the written submission materials, but often also includes a substantial effort to respond to clarifying questions posed by the Department and to its requests for additional information. The Firm will work with County to submit plan to any other required agency. 10. Responding to DOJ requests for additional information. During the Department of Justice's review of the preclearance submission, it may request additional information. The Firm will prepare responses to those requests and deal directly with D-OJ .to. answer .any questions- In unusual_ circumstances, it may be desirable for Commissioners Court members and members of the.Firm to visit with DOJ officials in Washington D.C. We do not anticipate such circumstances to arise, but in the event such circumstances arose, the Firm would be available to meet with DOJ personnel. 11. Ongoing legal counsel and consulting. The Firm will be available through the conclusion of the submission stage to provide ongoing legal counsel 11 ~5 and consulting to the County concerning the redistricting process, related requirements, the plan(s) considered and the plan adopted, the County's preclearance submission, and initial implementation of any precleared plan. This does not include counseling regarding any specific litigation brought against the County, which would fall under the category of litigation representation. 12. Litigation. In the event there is actual litigation, the Firm will be available to counsel the County about the likely merits of any suit or claim brought or anticipated to be brought imminently, or to defend the challenge. The Firm would also be available to advise the County regarding potential litigation arising after the submission process is concluded. A major goal of the redistricting process is to design a plan that will avoid litigation and liability. The Firm tries during the process to minimize the likelihood of a legal challenge by advising the client of the most legally defensible plan and by being sure that the process produces a record that can be used to demonstrate that the adopted plan complies with the applicable legal standards. Sometimes, however, when the opponents of a plan are unsuccessful in the political arena, they will move their battle to the courthouse. In those instances, the Firm is prepared to defend the plan as it has extensive experience in litigating Voting Rights Act and Shaw v. Reno issues. As described earlier, the Firm has unique experience in Shaw v. Reno-type cases, because of its success in the Chen v. City of Houston case. The members of the Firm are licensed in the U.S. Supreme Court and various lower federal courts, including in particular the U.S. Court of Appeals for the Fifth Circuit, and the U.S. District Court for the Eastern District of Texas. ri Bickerstaff Heath Delgado Acosta LLP Primary Redistricting Team Our redistricting team consists of a number of Firm lawyers. The Firm's team is headed by Bob Heath, Syd Falk and David Mendez. In addition, the firm has six other attorneys and two technical staff that have substantial elections, redistricting and voting rights experience. C. Robert Heath Mr. Heath has been lead counsel on many redistricting cases and is a frequent speaker on redistricting at state and national conferences. He has supervised the preparation of many complex submissions to the Department of Justice. Mr. Heath represented governmental entities in several voting rights lawsuits. A notable recent suit is Chen v. City of Houston, 206 F.3d 502 (5th Cir. 2000) in which the City obtained a summary judgment dismissing a Shaw v. Reno challenge to its council districts. He has more than 17 years experience as a redistricting attorney. Mr. Heath graduated from The University of Texas School of Law in 1972. He is licensed by the Supreme Court of the State of Texas, and also to practice in the U.S. District Court` for all Texas districts, the U.S. Court of Appeals for the Fifth Circuit, and the Supreme Court of the United States. Mr. Heath has spoken and delivered papers on redistricting throughout the United States and is recognized as an expert in this area of law. His article, Managing the Political Thicket: Developing Objective Standards in Voting Rights Litigation, 21 Stetson L. Rev. 819 (1992), was quoted and cited by the United States Supreme Court in Holder v. Hall, 512 U.S. 874, 889 (1994) (O'Connor, J., concurring). A list of publications by Mr. Heath is included in his resume in Exhibit "B". David Mendez Mr. Mendez has experience in voting rights and redistricting issues and regularly advises counties, cities, colleges and school districts in these areas. He has also prepared numerous Department of Justice submissions. He joined the Firm in 1986 and during the 1991 and 2001 redistricting cycles, he represented some of the largest counties in Texas in their redistricting and justice and constable precinct realignment projects. Mr. Mendez graduated from The University of Texas School of Law in 1980. He is licensed to practice lawn by the Supreme Court of the -State of-Texas; and also to practice in-the I .S-. - District Court for all of the Districts in Texas and the U.S. Court of Appeals for the Fifth Circuit. Mr. Mendez was lead attorney or had substantial authority for several redistricting projects including for the following clients: Dallas County, Dallas County Community College District, Dallas Independent School District, Hidalgo County, Midland County, Brazos County and many others. ~e q] { t. Mr. Mendez assisted extensively in the Firm's representation of the City of Houston in the 1991 Campos litigation, and conducted substantial portions of the discovery, defended council members' depositions and prepared expert witnesses, as well as analysis and briefing of legal issues. He has helped numerous cities and other entities implement single member districts and he is currently working on the implementation of single member districts for the City of Harlingen. Mr. Mendez also works frequently on election contests, recounts and other election law related matters before the courts and the Texas Legislature. He has spoken at seminars on election law sponsored by county associations and the Secretary of State. Mr. Mendez has over seventeen years of redistricting and Voting Rights Act experience. Sydney W. Falk, Jr. Mr. Falk has experience in voting rights litigation, both through his work on cases handled by the Firm (including Chen. v. City of Houston), and as a former Fifth Circuit briefing attorney. Prior to obtaining his law degree, Mr. Falk received a Ph.D. in theoretical astrophysics and did post-doctoral work at Cal. Tech and the University of Chicago. His background in mathematics and statistics is valuable in analyzing relevant redistricting statistics and the expert testimony in voting rights cases. He has more than 17 years redistricting experience, including preparati on of preclearance submissions. Mr. Falk graduated from The University of Texas School of Law in 1984. He is licensed to practice law by the Supreme_ Court of the State of 7exa.s, and also to practice in the U.S. District Court for all Texas districts, the U.S. Court of Appeals for the Fifth and Ninth Circuits, and the Supreme Court of the United States. GIS/RedistrictinjZ Staff Sherry McCall Ms. McCall is the Firm's senior redistricting specialist. As the Firm's GIS specialist, she will handle the technical drawing of the County's maps, and she works closely with legal counsel and our Elections Specialist to compile the various technical reports and maps required for the Department of Justice submission. In the County's proposed scope of work, Ms. McCall will also work with Federal Census staff in Washington D.C. to coordinate the County's data that must be submitted to insure accurate census tabulation in 2010. Because of the Firm's depth and history with redistricting clients and redistricting issues, Ms. McCall knows census bureau staff and policies that are criticalto the preparatory work prior to the 2010 census. Prior to joining the fuze over 10 years ago, she was a GIS specialist at the Texas Education Agency. During the period leading up to the 2010 census the Firm's team along with Ms. McCall will coordinate the County's submissions under the Boundary and Annexation Surveys (BAS) and review of submitted data under the LUCA (Local Update of Census Addresses) program. We will coordinate submission of election precinct boundary data to the Legislative Council. Once the Census data is released in 2010, Ms. McCall and other GIS staff under her supervision will develop specific client districting IL) plans and she will also be responsible for the initial review of other specialists' plans. She also assists attorneys in analyzing population data and relevant historical elections, and develops exhibits needed for preclearance submissions and for litigation. Ms. McCall graduated from the University of North Texas with a B. A. in Biology in 1991. She is not an attorney and is not licensed to practice law. Betty Brown Ms. Brown serves as the Elections Specialist for the Firm. Ms. Brown is responsible for compiling the data that supports a county's DOJ submission. She works closely with the legal team and the GIS specialist to make sure we have all of the materials we need for the County's submission to DOJ. She will be in contact with County staff to obtain the information we need from your office to complete the necessary submission. Ms. Brown also is responsible at the Firm for functions that prepare cities and other governmental entities for elections as well as for consultation regarding records management, policy development, office administration, and training of personnel. Under attorney supervision, she reviews processes and procedures to ensure compliance with local, state and federal law. Ms. Brown worked in the City of Austin's City Clerk's Office for 22 years prior to joining the Firm. She is Texas Registered Municipal Clerk #92 and has received her Master Municipal Clerk's designation from The International Institute of Municipal Clerks. She is a member of the Capital Chapter of City Clerks, Texas Municipal Clerks Association, and International Municipal Clerks Institute. She is not an attorney and is not licensed to practice law. IX 11 ~►L. ISAAC BUTLER, JR. BRAZOS COUNTY CONSTABLE, PRECINCT 4 * . 206 NORTH WASHINGTON BRYAN TX 77803 l~ (979) 361-4266 (FAX) (979) 361-4200 April 6, 2009 TO: Commissioner's Court FROM: Isaac Butler RE: Community Oriented Policing Services (COPS) grant I am requesting approval to apply for the Community Oriented Policing Services (COPS) grant for 1 full-time deputy constable. APPROVE R 4y Sims, County Judge date po I? s - AEM COPS VIVO) CONMUNtrr ORfEMTED POttCJMO SERVICES U.S. DEPARTMENT OF JUSrtCE Welcome to the COPS Hiring Recovery Program (CHRP) Application Please note that all applications must be submitted online through the COPS website. This copy is for agencies to use is a reference only. Please read the CHRP Application Guide carefully before completing the eligibility worksheet and starting your application. Shaded areas in the SF-424 are either NA or pre-filled by the COPS Office for the online application CHRP Eligibility Worksheet Please note that the answers lo these questions will determine your eligibility for funding under this program. If you have any questions regarding your eligibility, a copy of this worksheet is available at http://wwFv.cops.usdoj.gov/chrp/eligibilityanony.aspx. The COPS Office recommends that you review this information before moving forward with this worksheet. If you have questions regarding your eligibility after reviewing this information, please contact the COPS Office Response Center at 1.800.421.6770. Note that if you are deemed ineligible at any point during your completion of the eligibility worksheet, the system will prevent you from accessing the remainder of the grant application. 1. Is your law enforcement agency a start-up agency? Start-up agencies are not eligible for funding under this program. If you select YES, the system will prevent you from completing the rest of the grant application. (Yes-ineligible) (~Dnlove to 2) 2. Is your agency applying for this grant as part of a consortium of agencies? Agencies applying for funds as a consortium are not eligible for funding under this program. However, agencies within that consortium are encouraged to apply individually. If you select YES, the system will prevent you from completing the rest of the grant application. -ineligible) (o--move to 3) 3. Is your agency a tribal law enforcement agency? move to 3a) (No move to 4) 3a. Is your agency a Federally Recognized Tribe? Only Federally Recognized Tribes are eligible to apply for funding under this grant program. If you select NO, the system will prevent you from completing the rest of the grant application. (Yes - move to 4) (No - ineligible) 4. Is your agency applying for funds under this grant to contract for law enforcement services? &Move (Yes move to 4a) to 5) 4a. Is your agency a Federally Recognized Tribe applying for funds under this grant to contract with the Bureau of Indian Affairs (BIA) for law enforcement services? Only Federally Recognized Tribes that either have their own established law enforcement agency or plan to use the grant funds to pay for contract services with the BIA are eligible to apply for funding under this grant program. If you select NO, the system will prevent you from completing the rest of the grant application. (Yes-Move to 5) (No-ineligible) 5. Does the law enforcement agency have primary law enforcement authority for the population served? Only agencies that have primary law enforcement authority are eligible to apply for funding under this grant program. An agency with primary law enforcement authority is defined as the first responder to calls for service, and has ultimate and final responsibility for the prevention, detection, and/or investigation of crime within its jurisdiction. If you select NO, the system will prevent you from completing the rest of the grant application. (Yes-move to 6) (No-ineligible) 6. Is your law enforcement agency a-type other than a local, state, or tribal agency (e.g., Transit, School, University/College, Public Housing, Natural Resources, Parks, etc.)? (Yes-move on to 6a) (No-move on to 7) 6a. Does your agency have legislation that authorizes sworn law enforcement officers with full arrest authority and full police powers? Agencies that do not have legislation that authorizes sworn law enforcement officers with full arrest authority and full police powers are not eligible for funding under this grant program. If you select NO, the system will prevent you from completing the rest of the grant application. (Yes-move on 7) (No-ineligible) 7. Has your agency planned to retain all position(s) awarded under this grant program for at least 12 months following the conclusion of 36 months of grant funding? Agencies that do not plan to retain all position(s) awarded under CHRP for at least 12 months are not eligible for funding under this grant program. If you select NO, the system will prevent you from completing the the grant application. (Yes questionnaire complete) '-':o-ineligible) Application for Federal Assistance SF-424 Version 02= *1. Type of Submission: `2. Type of Application or, If Revision, select appropriate-letter(s) Preapplication- . ❑ New ❑ Application ❑ Continuations *Other (Specify) Changed/Col rec"ed Application ❑ Revisio 3. Date Received:. ~•,~~4. Appli nt identifier. 5a. Federal Entity Identifier. - *5b. Federal Award Identifier: O 107 ~c~ State Use Only 6. Date Received by Sta 7. State Application Identifier. 8. APPLICANT INF MATION: •a. Legal Name: *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: -74-Oco0233 052-6`1 (a b34 1 d. Address: *Street 1: 2.C) O ~j : I KGZ ; A k Street 2: *City: l3 CLh trl County: CG *State: L° Y CLS Province: *Country: *Zip / Postal Code e. Organizational Unit: -(-e-v L'r + Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: )$~Gi_L• Prefix: *First Name: Middle Name: *Last Name: Suffix: Title: f'1 .LLVj 1~ ~L~G(" Organizational Affiliation: Lk r'1,+L *Telephone Number: 3 (e ZC.,~ (G, Fax Number: 7~ r Z CC-' F *Email: 10L J 1 r G tt r~ Zv fi,C . ~t S F - Application for Federal Assistance SF-424 Version 02 `9. Type of Applicant 1 Select Applicant Type: Type of Applicant 2: elect Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify). *10 Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number ~r CFDA Title: r'`^ *12 Funding Opportunity Number: r 4 *Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): *16. Descriptive Title of Applicant's Project: r P, A-ne, (x~, • - 16. Congressional Districts Of: TIC " GV t e *a. Applicant: E)ra~S (kj { s c ~j( e• PC~ *b. Program/Project: V~ 17. Proposed Project: I *a. Start Date: IC> l o *b. End Date: 18. Estimated Funding *a. Federal a *b. Applicant *c. State *d. Local *e. Other ; *f. Program Income *g. TOTAL *19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ❑ c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ❑ Yes [),NO 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) By clicking this box and typing my name below, I also certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. -1I AGREE The certifications and assurances as well as grant terms and conditions can be found at the end of the application. Authorized Representative: Prefix: *First Name: `JS(,L Middle Name: *Last Name: ►J Suffix: , l Title: U n 5 to 01 f CA "f' *Telephone Number: -3(~ Zte C(J Fax Number: TM - (p t - 42-o 00':.. I ~ *Email: .Signature (Typed Name) of Authorized Representative: Date Signed: bq OMB Number: 4040-0004 Expiration Date: 01/31/2009 *Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. OMB Number: 1103-0098 Expiration Date: 09/30/2009 COPS Hiring Recovery Program (CHRP) Application COPS Application Attachment to SF-424 The COPS Hiring Recovery Program (CHRP) is a competitive grant program that provides funding directly to law enforcement agencies having primary law enforcement authority to create and preserve jobs and to increase their community policing capacity and crime-prevention efforts. CHRP funding is available to hire full-time career law enforcement officers. There is no local matching requirement, but grant funding will be based on your agency's current entry-level salaries and benefits for sworn officer positions. Any additional costs for higher salaries and benefits for positions hired under the CHRP grant must be paid for by the grantee agency. In preparing your agency's grant application, please be advised that grantees are prohibited from reducing state, local, or tribal funding for sworn officer positions as a direct result of applying for and/or receiving this CHRP grant. Instead, this program is intended to supplement the amount of state, local, or tribal funding that your agency would otherwise be able to budget for sworn officer positions. In addition, at the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHRP grant. The retained CHRP-funded positions should be added to your agency's law enforcement budget with state and/or local funds, over and above the number of locally-funded sworn officer positions that would have existed in the absence of the grant. To the extent possible, all data should come from a publicly verifiable source, and documentation may be requested by the COPS Office. This information will be used to evaluate your jurisdiction's need for federal assistance to address its public safety needs and to preserve and create jobs. SECTION 1: EXECUTIVE INFORMATION Note: Listing individuals without ultimate programmatic and financial authorityfor the grant could delay the review of your application, or remove your application from consideration. A. Applicant ORI Number:b Q B. Applicant DUNS Number: O 3 A 1 A Data Universal Numbering System (DUNS) number is required. A DUNS number is a unique nine- digit sequence recognized as the universal standard for identifying and keeping track of entities receiving federal funds. For more information about how to obtain a DUNS number, please refer to the How to Apply section of the COPS Application Guide. C. Central Contractor Registration (CCR) All applicants are required to maintain current registrations in the Central Contractor Registration (CCR) database. The CCR database is the repository for standard information about federal financial assistance applicants, recipients, and sub-recipients. For more information about how to register with the CCR, please refer to the How to Apply section of the COPS Application Guide. Please note that applicants must update or renew their CCR at least once per year to maintain an active status. I C 1 00, oes our agency have an active registration with the Central Contractor Registry? Yes No If no, will your agency agree to have an active registration with the Central Contractor Registry before any COPS grant funding is awarded? Yes No D. GNIS ID: 3 J 0 Please enter your Geographic Names Information System (GNIS) Identification Number. This is a unique ID assigned to all geographic entities by the U.S. Geological Survey. To look up your GNIS Feature ID, please go to the website: http://`geonames.usgs.gov/domesticlihdex.html. For more information about how to obtain a GNIS number, please refer to the How to Apply section of the CHRP Application Guide. E. Law Enforcement Executive/Program Official Information: For Law Enforcement Agencies: Enter the law enforcement executive's name and contact information. This is the highest ranking law enforcement official within your jurisdiction (e.g., Chief of Police, Sheriff, or equivalent). f) a. Title: 6rCL2,v.5 CbL i-(~~'u~ First Name: t~5CL-v MI: Last Name: bSuffix: Agency Name: 9, Street Address l : 2-D4' [J, LO Street Address 2: City: DryCAk) State: 7'-ex- CtS Zip Code: -1-7303 Telephone: ci'jG -3 l 2 io Fax: 9- q - 3 ~,t -4`2-0n E-mail: i b,l r J-tl-e, Co. 0 ra:zvr,- fig. ,-s Type of Agency: - F. Government Executive/Financial Official Information: For Government Agencies: Enter the government executive's name and contact information. This is the highest ranking official within your jurisdiction (e.g., Mayor, City Administrator, Tribal Chairman, or equivalent). Title: &~L?z5 co L"'E~ W-V-l ' First Name: a4AA j MI: Last Name: n~ s Suffix: Agency Name: bt'1-z-0S Street Address 1: -2-06,' 50c'r i eX--C S Y ' Street Address 2: 6,L_ 3 32- O City: v CLA-) State: 'el-t4-5 Zip Code: --(_7 ' Telephone: -Zr~-36r - 4/vL Fax: ii3w E-mail: r5jn-j 5 LO. brutes. ~-~S Type of Government Entity: SECTION 2: GENERAL AGENCY INFORMATION A. General Applicant Information 1. Cognizant Federal Agency: } -r Enter your jurisdiction's Cognizant Federal gency. A Cognizant Federal Agency, generally, is the federal agency from which your jurisdiction receives the most federal funding. Your Cognizant Federal Agency also may have been previously designated by the Office of Management and Budget. i I Glut 1 2. Fiscal Year: i. D VV I /_,0~1 to L U10 /O C (mo/day/yr) Enter your jurisdiction's fiscal year. 3. Jurisdictional population as of the 2000 U.S. Census: 001 ❑ Check here if the jurisdictional population is not represented by U.S. Census figures (e.g., colleges, special agencies, school police departments, etc.). (If checked, skip Question 4 and go to Question 5) 4. Enter the total jurisdictional population as of the 2007 Census Estimate. The Census Estimate can be looked up in the American FactFinder at http://FactFinder.censtis.gov. 5. If the jurisdictional population is not represgnted by U.S. Census figures, please indicate the size of the population in 2007: k -k l ~.~XA Please indicate the source of this estimate: LA 5 S4S &i(<_Lu (Question 5 is N/A unless the checkbox in #3 above is checked) 6. Do officers have primary law enforcement authority for this entire jurisdictional population? [An agency with primary law enforcement authority is defined as the first responder to calls for service, and has ultimate and final responsibility for the prevention, detection, and/or investigation of crime within its jurisdiction.] YES NO ✓ (If yes, skip to section B below) a) If NO, what is the actual population for which your department has primary law enforcement authority? For example, your service population may be the 2007 Census Estimate minus the population of the incorporated tons and cities that have their own police departments within your geographic boundaries. B. Law Enforcement Agency Information 1. Enter the Current Fiscal Year Budgeted Sworn Force Strength: Full-time: Part-time: The budgeted num er of sworn officer positions is the number of sworn positions your agency has funded within its budget, including state, Bureau of Indian Affairs, and locally funded vacancies. Do not include unfunded vacancies or unpaid/reserve officers. 2. Enter the Act al Sworn Force Strength as of the Date of This Application: Full-time: ` Part-time: N The actual number of sworn officer positions is the actual number of sworn positions employed by your agency as of the date of this application. Do not include funded but currently vacantpositions or unpaid positions. ~0V • i SECTION 3: CHRP PROGRAM REQUEST Your agency may apply for COPS funds to use on or after the official grant award start date to hire new, additional officer positions (including filling existing unfunded vacancies) or rehire officers who have already been laid off, or are currently scheduled to be laid off on a future date, as a result of state, local or tribal budget reductions. Please base your application request on your agency's current anticipated needs for funding in these primary categories. Please also be mindful of the initial three-year grant period and your agency's ability to fill and retain the officer positions awarded, while following your agency's established hiring policies and procedures. As described in detail in the CHRP Application Guide, it is imperative that applicants understand that the COPS statute nonsupplanting requirement mandates that CHRP funds may be used only to supplement (increase) a grantee's law enforcement budget for sworn officer positions and may not supplant (replace) state, local, or tribal funds that a grantee otherwise would have spent on officer positions if it had not received a CHRP award. This means that if your agency plans to: (a) Hire new officer positions (including filling existing officer vacancies that are no longer funded in your agency's budget): It must hire these additional positions on or after the official grant award start date, above its current budgeted (funded) level of sworn officer positions, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual; (b) Rehire officers who have already been laid off (at the time of application) as a result of state, local, or tribal budget cuts: It must rehire the officers on or after the official grant award start date, maintain documentation showing the date(s) that the positions were laid off and rehired, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual; (c) Rehire officers who are (at the time of application) currently scheduled to be laid off on a future date as a result of state local, or tribal budget cuts: It must continue to fund the officers with its own funds from the grant award start date until the date of the scheduled lay-off (for example, if the CHRP award start date is September 1 and the lay-off is scheduled for November 1, then the CHRP funds may not be used to fund the officers until November 1, the date of the scheduled lay- off), identify the number and date(s) of the scheduled lay-off(s) in this application [see below], maintain documentation showing the date(s) and reason(s) for the lay-off, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual. [Please note that as long as your agency can document the date that the lay-off(s) would occur if the CHRP funds were not available, it may transfer the officers to the CHRP funding on or immediately after the date of the lay-off without formally completing the administrative steps associated with a lay-off for each individual officer.] Documentation that may be used to prove that scheduled lay-offs are occurring for local economic reasons that are unrelated to the availability of CHRP grant funds may include (but are not limited to) council or departmental meeting minutes, memoranda, notices, or orders discussing the lay-offs; notices provided to the individual officers regarding the date(s) of the lay- offs; and/or budget documents ordering departmental and/or jurisdiction-wide budget cuts. These records must be maintained with your agency's CHRP grant records during the grant period and for three years following the official closeout of the CHRP grant in the event of an audit, monitoring, or other evaluation of your grant compliance. The following tips are designed to help 1 I comply with the program and financial requirements associated with the administration of your grant. http://www.cops,usdoi.gov/Default.asp?Item=2116 When completing the questions below, please base your responses on your agency's current (at the time of application) needs for funding in the three hiring categories (new hires, rehires of previously laid off officers, and rehiring officers who are scheduled to be laid off on a specific future date). CHRP grant awards will be made for officer positions requested in each of these three categories and recipients of CHRP awards are required to use awarded funds for the specific categories awarded. During the review of your agency's application, if the COPS Office reduces the number of positions you requested in the application, the COPS Office may contact you to obtain a new number of officer positions requested in each category. How many CHRP sworn officer positions is your agency requesting (total)? How many of the positions will be: (a) To hire new, additional officer positions (incl ing to ill existing vacancies that are no longer funded in your agency's budget)? 1 ( 1) V1 e j (b) To rehire officers who have already been laid off (at the time of application) as a result of ' state, local, or tribal budget reductions? (c) To rehire officers who are (at the time of application) currently scheduled to be laid off on a specific future date as a result of state, local, or tribal budget reductions? _ Positions) Date of the scheduled lay-off for these officers If your agency has planned multiple future lay-off dates, please use the additional space below. Positions) Date of the scheduled lay-off for these officers Positions) Date of the scheduled lay-off for these officers Special Reminder for Rehired Officers: The CHRP program awards funding based on your agency's entry-level salary and benefits package. Any additional (higher than entry-level) salary and benefits expenses for rehired officers must be paid by your agency. Certification Regarding Scheduled Lay-Offs: If your agency plans to use CHRP funds to rehire officers who are currently scheduled to be laid off on a future date (under category c above), please certify (by checking the appropriate boxes) to the following: Certification: ❑ My agency has and will maintain documentation showing the date(s) of the scheduled lay-off(s) and demonstrating that the scheduled lay-off(s) is/are occurring for fiscal 10D III reasons that are unrelated to the availability or receipt of CHRP grant funds (as described above). ❑ My agency will use its own funds to continue funding these officers until the scheduled date(s) of the lay-off(s) and will use CHRP funds to rehire these officers only on or after the scheduled date of the lay-off(s). 3/My agency recognizes that the CHRP program provides funding based on our entry- level salary and benefits package and that any additional costs for rehired officers beyond entry-level are our responsibility to pay with other sources of funding. If an applicant receives an award, and after receiving the awards needs to change the hiring categories, it must request a post-award grant modification to change the categories of hiring and receive prior approval before spending CHRP funding by calling the COPS Office Response Center at 1-800-421- 6770. The American Recovery and Reinvestment Act (Recovery Act) requires grantees to report their financial and programmatic progress within 10 days after the end of each calendar quarter. The Recovery Act reporting requirements are in addition to quarterly financial status report and quarterly programmatic progress report requirements. The COPS Office plans to request information from grantees consistent with Section 1512 of the Recovery Act, including collecting information on the number of new jobs created and the number of jobs preserved using CHRP funding. Awarded agencies will be required to submit information in a timely manner as a condition of the award. The COPS Office is then required to post data from grantee reports to Recovery.gov. Please be advised that the submission of programmatic and financial reports on a timely basis is a significant condition of the CHRP grant and a violation of the grant requirement may result in termination of grant funding or other remedies. In order to aid in compliance with the reporting requirements, awarded agencies should be prepared to track and report CHRP funding separately from other funding sources (including other COPS and federal grants) to ensure accurate financial and programmatic reporting on a timely basis. Your agency should ensure that you have financial internal controls in place to monitor the use of CHRP funding and ensure that its use is consistent with grant terms and conditions. Good practices in this area would include written accounting practices, an accounting system that tracks all drawdowns and grant expenditures, and the ability to track when each CHRP position funded is filled or vacant (including if the position was for a new hire or a re-hire). ).do (Ja SECTION 4: NEED FOR FEDERAL ASSISTANCE 1) Enter your law enforcement agency's total operating budget for the current AND previous two fiscal years. a CURRENT FISCAL YEAR (2009) $ PREVIOUS FISCAL YEAR (2008) $ PREVIOUS FISCAL YEAR (2007) $ ~C1 2) Enter the total jurisdictional (city, county, state, tribal) operating budget for the current AND previous two fiscal years. CURRENT FISCAL YEAR (2009) $ ~41 PREVIOUS FISCAL YEAR (2008) $ ttiT, y CI , l PREVIOUS FISCAL YEAR (2007) $ 3) Enter the total jurisdictional (city, county, state, tribal) locally generated revenues for the current AND previous two fiscal years. Locally generated revenues may include locally generated property taxes, sales taxes and other taxes and revenue sources (for example, transportation taxes, transient lodging taxes, licensing fees, other non property taxes and franchise taxes). CURRENT FISCAL YEAR (2009) $ L '"t 2ko-r7 , 35c~- PREVIOUS FISCAL YEAR (2008) $ PREVIOUS FISCAL YEAR (2007) $ 5 4) Enter the total Jurisdictional (city, county, state, tribal) general fund balance for the current and previous two fiscal years. CURRENT FISCAL YEAR (2009) $ PREVIOUS FISCAL YEAR (2008) $ J`i"i PREVIOUS FISCAL YEAR (2007) $ 31, S S ! 2-i C~ 5) Since January 1, 2008, what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced through lay-offs: Civilian Law Enforcement Agency Personnel n % Sworn Law Enforcement Agency Personnel /0 % Other Government Agency Personnel b % 6) Since January 1, 2008, what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced through furloughs that have lasted or are scheduled to last a minimum of forty hours over the course of a fiscal year: Civilian Law Enforcement Agency Personnel D % Sworn Law Enforcement Agency Personnel 0 % Other Government Agency Personnel 0 % 7) Since January 1, 2008 what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced due to official policies that limit your jurisdiction's ability to fill vacancies (i.e., hiring freezes): Civilian Law Enforcement Agency Personnel 17 % Sworn Law Enforcement Agency Personnel C7 % Other Government Agency Personnel b % 8) The U.S. Census Bureau American Community Survey (ACS) provides multi-year poverty rate estimates for communities. For jurisdictions with a Census population greater than 20,000, please go to the U.S. Census Bureau's American FactFinder (hqp•//FactFinder.census.gov) to determine the percent of families in poverty in your jurisdiction based on the 2005-2007 ACS. For jurisdictions below 20,000 in population or not represented in the U.S. Census, please select the nearest best match for your jurisdiction (for example, the county in which your jurisdiction is located). Please see the CHRP Application Guide for additional information and help in using the American FactFinder. Percent of families in poverty % 9) The Bureau of Labor Statistic's' Local Area Unemployment Statistics (LADS) program provides monthly estimates of unemployment for communities. Please go to the Bureau of Labor Statistics' LAUS website: (ww-rv.bis.gov/lau/data.htm) to find detailed instructions for looking up your local area's unemployment rate. As with the previous question, it may be necessary to select the nearest best match to your jurisdiction (for example, a city of fewer than 25,000 people may report their county level rate). Please see the CHRP Application Guide for additional information and help in using the LAUS data. Percentage unemployed for January 2009 % Percentage unemployed for January 2008 J . q % 10) Indicate your jurisdiction's estimated residential property foreclosure rate for calendar year 2008. This rate should be calculated as the total number of new default and auction foreclosure filings and new bank-owned foreclosures (REOs) in 2008 divided by the total number of residential households. 9 >J Check here if the information necessary to calculate this rate is unavailable. 11) Indicate if your jurisdiction has experienced any of the following events since January 1, 2008: ilitary base closure or realignment. A declaration of natural or other major disaster or emergency has been made pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (42 U.S.C. 5121 et seq.) A declaration as an economically or financially distressed area by the state in which the applicant is located. All Jr~ Downgrading of the applicant's bond rating by a major rating agency. Has filed for or been declared bankrupt by a court of law. Has been placed in receivership or its functional equivalent by the state or federal government. System Note: They can select multiple items above. 12) Indicate if, since January 1, 2008, your jurisdiction has experienced an unplanned, non-recurring, capital outlay or unanticipated loss of revenue that has had a significant negative impact on your jurisdiction's fiscal health. Yes No 12a) If YES, please express the cost of this event as a percentage of your total current operating budget % and please describe the event (please limit to 350 characters): 13) Using UCR crime definitions enter the actual number of incidents reported to your jurisdiction in calendar year 2008 for the following crime types: Criminal Homicide: Forcible Rape: Robbery: Aggravated Assault: 4-:3- Burglary: Larceny (except motor vehicle theft): Motor Vehicle Theft: ZP *Note: If your agency currently reports to NIBRS, or does not report crime incident totals at all, please ensure that your data is converted to UCR Summary Data style. Please see the CHRP Application Guide or the FBI's UCR Handbook (www.fbi.gov/ucr/handbooklucrhandbogkO4.pdf) for more information. SECTION 5: LAW ENFORCEMENT & COMMUNITY POLICING STRATEGY Proposed Community Policing Plan COPS grants must be used to initiate or enhance community policing activities. Please complete the following questions to describe the types of community policing activities that will result from CHRP funding. You may find more detailed information about community policing at the COPS Office web site http://Nvww.cops.Lisdoi.gov/DefauIt.asp?ltem=36. Community Partnerships Community partnerships are on-going collaborative relationships between the law enforcement agency and the individuals and organizations they serve to both develop solutions to problems and increase trust in the police. My agency: P1) Regularly distributes relevant crime and disorder information to community members. a) does not currently do, and has no plans to implement under this grant does not currently do, and plans to initiate under this grant Rcurrently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant P2) Routinely seeks input from the community to identify and prioritize neighborhood problems (e.g., through regularly scheduled community meetings, annual community surveys, etc.). a) does not currently do, and has no plans to implement under this grant does not currently do, and plans to initiate under this grant c) urrently does, and plans to continue doing under this grant currently does, and plans to expand/enhance under this grant P3) Regularly collaborates with other local government agencies that deliver public services. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c currently does, and plans to continue doing under this grant currently does, and plans to expand/enhance under this grant P4) Regularly collaborates with non-profit organizations and/or community groups. a) does not currently do, and has no plans to implement under this grant does not currently do, and plans to initiate under this grant c currently does, and plans to continue doing under this grant currently does, and plans to expand/enhance under this grant P5) Regularly collaborates with local businesses. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant (currently does, and plans to continue doing under this grant currently does, and plans to expand/enhance under this grant P6) Regularly collaborates with informal neighborhood groups and resident associations. a) does not currently do, and has no plans to implement under this grant does not currently do, and plans to initiate under this grant c) urrently does, and plans to continue doing under this grant currently does, and plans to expand/enhance under this grant Problem Solving Problem solving is an analytical process for systematically 1) identifying and prioritizing problems, 2) analyzing problems, 3) responding to problems, and 4) evaluating problem solving initiatives. Problem solving involves an agency-wide commitment to go beyond traditional police responses to crime to proactively address a multitude of problems that adversely affect quality of life. My agency: PSI) Routinely incorporates problem-solving principles into patrol work. a) does not currently do, and has no plans to implement under this grant does not currently do, and plans to initiate under this grant cc currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant PS2) Identifies and prioritizes crime and disorder problems through the routine examination of patterns and trends involving repeat victims, offenders, and locations. a) does not currently do, and has no plans to implement under this grant does not currently do, and plans to initiate under this grant c currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant PS3) Routinely explores the underlying factors and conditions that contribute to crime and disorder problems. does not currently do, and has no plans to implement under this grant U does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant PS4) Systematically tailors responses to crime and disorder problems to address their underlying conditions. does not currently do, and has no plans to implement under this grant b does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant PS5) Regularly conducts assessments to determine the effectiveness of responses to crime and disorder problems. does not currently do, and has no plans to implement under this grant b) oes not currently do, and plans to initiate under this grant c currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant Organizational Transformation Organizational transformation is the alignment of organizational management, structure, personnel and information systems to support community partnerships and proactive problem-solving efforts. 1-20 ►3 My agency: OCI) Incorporates community policing principles into the agency's mission statement and strategic plan. does not currently do, and has no plans to implement under this grant b) oes not currently do, and plans to initiate under this grant c) currently does, and plans to continue. doing under this grant d) currently does, and plans to expand/enhance under this grant OC2) Practices community policing as an agency-wide effort involving all staff (i.e. not solely housed, in a specialized unit). a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c)Yurrently does, and plans to continue doing under this grant 'zq currently does, and plans to expand/enhance under this grant OC3) Incorporates problem-solving and partnership activities into personnel performance evaluations. a) does not currently do, and has no plans to implement under this grant b does not currently do, and plans to initiate under this grant cdcurrently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant Community Policing Plan Narrative (please limit to 2,000 characters) Please describe your agency's implementation plan for this program (if awarded), with specific reference to each of the following elements of community policing: (a) community partnerships and support, including consultation with community groups, private agencies, and/or other public agencies; (b) related governmental and community initiatives that complement your agency's proposed use of CHRP funding; and (c) organizational transformation - how your agency will use these funds, if awarded, to reorient its mission to community policing or enhance its involvement in and commitment to community policing. This narrative will not be scored for selection purposes but serves, along with the previous questions, as your agency's community policing plan. Your organization may be audited or monitored to ensure that it is initiating or enhancing community policing in accordance with this plan. The COPS Office may also use this information to understand the needs of the field, and potentially provide for training, technical assistance, problem solving and community policing implementation tools. If your organization receives this CHRP grant funding, these responses will be considered as your organization's community policing plan. We understand that your community policing needs may change during the life of your CHRP grant (if awarded), and minor changes to this plan may be made without prior approval of the COPS Office. We also recognize that this plan may incorporate a broad range of possible community policing strategies and activities, and that your agency may implement particular community policing strategies from the plan on an as-needed basis throughout the life of the grant. If your agency's community policing plan changes significantly, however, you must submit those changes in writing to the COPS Office for approval. Changes are "significant" if they deviate from the range of possible community policing activities identified and approved in this original community policing plan submitted with your application. 00 119 Brazos County Constable, Pct. 4 does and will continue to implement Community Policing by promoting public awareness, addressing public safety issues and by using problem-solving strategies. Our agency will continue to partnership with individuals as well as public and private organizations in this community. We partnership with public and private schools to speak to juveniles and their parents, we collaborate with local businesses to increase awareness on criminal issues, partnership with neighborhoods by attending neighborhood watch meetings, with community groups to speak in community forums about civil and criminal issues and work with non-profit organizations to assist with criminal issues as well as civil disputes. Brazos County Constable, Pct. 4's use of this CHRP funding will help us to continue our working relationship with the many organizations, governmental and community. Agencies such as: Brazos County Emergency Management, Texas A&M University, Bryan and College Station High Schools, as well as many others. Governmental initiatives help us to gain additional training to better relate to this community. We have on going training in Emergency First Respondent, Emergency Management Institute, Fire/Arson Investigation and School Violence and also have a Disaster Plan. We will continue to have a working relationship with our community based organizations. We are involved with community-based events where we secure many events and initiate community information forums. We also are involved in Scared Straight Talks, Mock Arrests and plan to implement Mock DWI crashes in conjunction with the schools. These funds will help us to continue this work and implement new relationships. Brazos County Constable, Pct. 4 will gain more man power which will enable us to enhance our Community Policing Plan. With an additional officer we will be able to more closely administer the needs of this community by: establishing new partnerships with public and private organizations by dispersing more information to neighborhoods and community groups about laws that are directly affecting them, being able to attend more scheduled and impromptu community meetings. This agency will also be able to more readily assist with problem-solving issues with respect to criminal and civil issues. We will be able to spend more time on landlord/tenant issues, crimes involving offenders and victims, incident problems relating to patrol work and also disputes that arise during court proceedings. Our agency will be able to collaborate and initiate programs with other law enforcement agencies and also other government agencies. We will also be more readily available to assist in whatever capacity is needed with other law enforcement and government agencies. 06 /19 CP 1) To what extent is there community support in your jurisdiction for implementing the proposed grant activities? a Minimal support l~ Moderate support c) High level of support CP2) If awarded, to what extent will the grant activities impact the other components of the criminal justice system in your jurisdiction? a) Potentially increased burden b) No change in burden Potentially decreased burden SECTION 6: CONTINUATION OF PROJECT AFTER FEDERAL FUNDING ENDS Applicants must plan to retain all sworn officer positions awarded under the CHRP grant for a minimum of 12 months at the conclusion of 36 months of federal funding for each position. The retained CHRP- funded positions should be added to your agency's law enforcement budget with state and/or local funds at the end of grant funding, over and above the number of locally-funded sworn officer positions that would have existed in the absence of the grant. At the time of grant application, applicants must affirm that they plan to retain the positions and identify the planned source(s) of retention funding. We understand that your agency's source(s) of retention funding may change during the life of the grant. Your agency should maintain proper documentation of any changes in the event of an audit, monitoring or other evaluation of your grant compliance. Please refer to the frequently asked questions on retention which can be found here http://www.cops.usdoi.gov/DefauIt.asp?Item=211 5. Has your agency planned to retain all additional sworn officer positions under this grant for a minimum of 12 months at the conclusion of 36 months of federal funding for each position? YES k NO (If YES, move on to next question) (If NO, : "Agencies that do not plan to retain all the positions awarded under this grant are ineligible to receive CHRP funding') Please identify the source(s) of funding that your agency plans to utilize to cover the costs of retention from the drop-down box listed below: -General -Raise bond/tax issue -Asset forfeiture funds -Private sources/donations -Fundraising efforts -Other (Please provide a brief description of the source(s) of funding not to exceed 75 words.) OMB Number: 1103-0097 Expiration Date: 09/30/2009 Section 7: Budget Detail Worksheets Instructions: This worksheet will assist your agency in reporting your agency's current entry-level salary and benefits costs and identifying your agency's total three-year salary and benefits request per officer position. Please list the current entry-level base salary and fringe benefits rounded to the nearest whole dollar for one full-time sworn officer position within your agency. Do not include employee contributions. Please complete the budget worksheet(s) based on your agency's current annual first year entry- level salary and benefit package for your locally-funded officer positions. Please be advised that CHRP funding must only pay for entry-level salaries and benefits. Any additional costs incurred for higher than entry-level salaries and benefits for officers hired under the CHRP grant will be your agency's responsibility. Note: Part-time positions will not be funded. Please refer to the CHIRP Application Guide for additional information. A. SWORN OFFICER POSITIONS No Sworn Officer Positions Requested ❑ Instructions: Please complete the questions below based on your agency's current first year entry-level salary and benefits package for your locally-funded officers. [You will be asked to project Year 2 and Year 3 increases below. Part 1: Full-Time Sworn Officer Information A. Current First Year Entry-Level Base Salary for One Sworn Officer Position $4o.3 .00 Please calculate the fringe benefit costs below based on the first year entry-level benefits for one sworn officer position. B. FRINGE BENEFITS: COST: % OF BASE: ADDITIONAL INFORMATION: Social Security $ .2 S5QQU.00 4 - Z % Exempt: ❑ Fixed Rate: ❑ Cannot exceed 6.2% of Total Base Salary. If less than 6.2%, exempt, or fixed rate, provide an explanation in "Sworn Officer Position Budget Summary. " r/•qQ ii ,fL~ Medicare $ 1(~'tl .00 k ' "T✓ % Exempt: ❑ Fixed Rate: ❑ Cannot exceed 1.45% of Total Base Salary. If less than 1.45%, exempt, or fixed rate, provide an explanation in the "Sworn Officer Position rB~udget Summary. " Health Insurance $ OS 00 t `1 9 % Family Plan: ❑ Fixed Rate: ❑ Life Insurance $ 4-3 .00 % Vacation t, .00 % Number of Hours Annually: Sick Leave $ 2 ( .00 % ' Number of Hours Annually: Retirement $ .00 % Fixed Rate: ❑ Worker's Compensation $ ~bO .00 Z7-' % Exempt: ❑ Fixed Rate: ❑ Unemployment Insurance ~ .00 % Exempt: ❑ Fixed Rate: ❑ Other $ .00 % Describe: Other $ .00 % Describe: Other $ .00 % Describe: i 1 1 t t Po Ida F Total Current First Year Entry-Level Benefits for One Sworn Officer Position = $ C. Total Year 1 Salary $ + Total Year 1 Benefits = Part A Part B Based on the current first year entry-level salary and benefits package, please project Year 2 and Year 3 increases and use these figures to calculate the full three-year salary and benefits amounts per sworn officer position that you are requesting through the CHRP grant (for a detailed example of these calculations, please see the CHRP Application Guide). Your agency must maintain records documenting how it calculated its Year 2 and Year 3 projections (and, accordingly, its total three-year salary and benefits amounts per officer position) in its CHRP grant records throughout the grant period and for three years following the official closeout of the COPS grant in the event of an audit, monitoring, or other evaluation of your grant compliance. Year 2 Total Year 2 entry-level salary for one sworn officer position: Total Year 2 entry-level benefits for one sworn officer position: 1 'J Year 3 Total Year 3 entry-level salary for one sworn officer position: t Total Year 3 entry-level benefits for one sworn officer position: IM Total Three -Year Salary for one officer position: I q-Z 6 X Number of Sworn Positions Requested I = 1 L~ zI 570 Total Three -Year Salary Project Cost (calculated by the system) ~,•f~a Total Three- Year Benefits for one officer position: fo3~ (D3 I X Number of Sworn Positions r l0 3 Total Three -Year Benefits Project Cost Requested 3 calculated b the system) _7 t Total Three -Year Salary and Benefits for one Officer Position: X Number of Sworn Positions Requested 1 = Z-0& 13-7 Total Project Cost (calculated by the system) 03 Part 2: Full-Time Swom Officer Information After completing Part 1 of this budget worksheet, answer the following questions. Be sure to answer EVERY question. Missing or erroneous information could delay the review of your agency's request. 1. If your agency's second and/or third-year costs for salaries and/or fringe benefits increase after the first year, check the reason(s) why in the space b low: lost of living adjustment (COLA) ❑ Step raises7hange in benefit costs ❑ Other - please explain briefly: 2. If an explanation is required for any of the following categories, please provide in the space below: 1) Social Security: 2) Medicare: BUDGET SUMMARY Line # Budget Category Category Total A. Sworn Officer Positions $ .00 Total Project Amount: $ I .OU Total Federal Share Amount: 364,13-1. 00 Contact Information for Budget Questions Please provide contact information of the financial official that the COPS Office may contact with questions related to your budget submission. Authorized Official's Typed Name: First Name rev Last Name J e i r Title t~' t Phone 3 Lr - -~s q D Email . ~y'LL Zc~ 5 • L~ S . ORI r. Standard Application Forms SECTION 8: ASSURANCES Several provisions of federal law and policy apply to all grant programs. The Office of Community Oriented Policing Services needs to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at (800) 421-6770. By the applicant's authorized representative's signature, the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, the applicant assures us that: 1. It has been legally and officially authorized by the appropriate Department of Justice Non-Discrimination Regulations contained in governing body (for example, mayor or city council) to apply for this Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal grant and that the persons signing the application and these assurances Regulations. on its behalf are authorized to do so and to act on its behalf with respect A. In the event that any court or administrative agency makes a finding of to any issues that may arise during processing of this application. discrimination on grounds of race, color, religion, national origin, gender, 2. It will comply with the provisions of federal law, which limit certain disability or age against the applicant after a due process hearing, it political activities of grantee employees whose principal employment is agrees to forward a copy of the finding to the Office of Civil Rights, Office in connection with an activity financed in whole or in part with this grant. of Justice Programs, 810 7th Street, NW, Washington, D.C. 20531. These restrictions are set forth in 5 U.S.C. § 1501 et seq. B. If your organization has received an award for $500,000 or more and 3. It will comply with the minimum wage and maximum hours provisions has 50 or more employees, then it has to prepare an EEOP and of the Federal Fair Labor Standards Act, if applicable. submit it to the Office for Civil Rights ("OCR"), Office of Justice Programs, 810 7th Street, N.W., Washington, DC 20531, for review 4. It will establish safeguards, if it has not done so already, to prohibit within 60 days of the notification of the award. If your organization employees from using their positions for a purpose that is, or gives received an award between $25,000 and $500,000 and has 50 or more the appearance of being, motivated by a desire for private gain for employees, your organization still has to prepare an EEOP, but it does not themselves or others, particularly those with whom they have family, have to submit the EEOP to OCR for review. Instead, your organization business or other ties. has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the 5. It will give the Department of Justice or the Comptroller Generalaccess Certification Form and return it to OCR. If your organization received an to and the right to examine records and documents related to the grant. award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is 6. It will comply with all requirements imposed by the Department a medical institution, educational institution, nonprofit organization or of Justice as a condition or administrative requirement of the grant, Indian tribe, then your organization is exempt from the EEOP including but not limited to: the requirements of 28 CFR Part 66 and requirement. However, your organization must complete Section A of 28 CFR Part 70 (governing administrative requirements for grants and the Certification Form and return it to OCR. cooperative agreements); 2 CFR Part 225 (OMB Circular A-87), 2 CFR 220 (OMB Circular A-21), 2 CFR Part 230 (OMB Circular A-1 22) and 48 CFR Part 9. Pursuant to Department of Justice guidelines (June 18, 2002 Federal 31.000, et seq. (FAR 31.2) (governing cost priniciples); OMB Circular A-1 33 Register (Volume 67, Number 117, pages 41455-41472)), under Title VI (governing audits) and other applicable OMB circulars; the applicable of the Civil Rights Act of 1964, it will ensure meaningful access to its provisions of the Omnibus Crime Control and Safe Streets Act of 1968, programs and activities by persons with limited English proficiency. as amended; 28 CFR Part 38.1; the current edition of the COPS Grant Monitoring Standards and Guidelines; the applicable COPS Grant Owners 10. It will ensure that any facilities under its ownership, lease or Manuals; and with all other applicable program requirements, laws, supervision which shall be utilized In the accomplishment of the project orders, regulations, or circulars. are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a 7. If applicable, it will, to the extent practicable and consistent with facility to be used in this grant is under consideration for such fisting by applicable law, seek, recruit and hire qualified members of racial and the EPA. ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in 11. If the applicant's state has established a review and comment the agency. procedure under Executive Order 12372 and has selected this program 8. It will not, on the ground of race, color, religion, national origin, gender, for review, it has made this application available for review by the state disability or age, unlawfully exclude any person from participation in, Single Point of Contact. deny the benefits of or employment to any person, or subject any person 12. It will submit all surveys, interview protocols, and other information to discrimination in connection with any programs or activities funded collections to the COPS Office for submission to the Office of Management in whole or in part with federal funds. These civil rights requirements and Budget for clearance under the Paperwork Reduction Act of 1995 if are found in the non-discrimination provisions of the Omnibus Crime required. Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789d); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); 13. It will comply with the Human Subjects Research Risk Protections the Indian Civil Rights Act (25 U.S.C. 1301-1303); Section 504 of the requirements of 28 CFR Part 46 if any part of the funded project contains Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); Title II, Subtitle non-exempt research or statistical activities which involve human subjects A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, et and also with 28 CFR Part 22, requiring the safeguarding of individually seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and identifiable information collected from research participants. I i 1 i A OR[ Standard Apprication Forms 14. Pursuant to Executive Order 13043, it will enforce on-the-job seat belt 17. It will not use any federal funding directly or indirectly to influence policies and programs for employees when operating agency-owned, in any manner a Member of Congress, a jurisdiction, or an official of rented or personally-owned vehicles. any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law ratification, policy or appropriation whether before or SS.It will not use COPS funds to supplant (replace) state, local, or Bureau after the introduction of any bill, measure, or resolution proposing such of Indian Affairs funds that otherwise would be made available for the legislation, law, ratification, policy or appropriation as set forth in the Anti- purposes of this grant, as applicable. Lobby Act, 18 U.S.C. 1913. 16. If the awarded grant contains a retention requirement, it will retain the 18. In the event that a portion of grant reimbursements are seized to increased officer staffing level and/or the increased officer redeployment pay off delinquent federal debts through the Treasury Offset Program or level, as applicable, with state or local funds for a minimum of 12 months other debt collection process, it agrees to increase the non-federal share following expiration of the grant period. (or, if the awarded grant does not contain a cost sharing requirement, contribute a non-federal share) equal to the amount seized in order to fully implement the grant project. False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. 5 5v ultA- Typed Name of Law Enforcement Executive Date (or Official with Programmatic Authority, as applicable) By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government Typed Name of Government Executive Date (or Official with Financial Authority, as applicable) I ~ r P1 ORI : Standard Application Forms SECTION 9: CERTIFICATIONS Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your agency's certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "Government-Wide Debarment and Suspension (Nonprocurement)," 28 CFR Part 83 Government-Wide Requirements for Drug-Free Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying integrity or business honesty that seriously and directly affects your As required by Section 1352, Title 31 of the U.S. Code, and implemented present responsibility, at 28 CFR Part 69, for persons entering into a grant or cooperative (iii) Are not presently indicted for or otherwise criminally or civilly charged agreement over $100,000, as defined at 28 CFR Part 69, the applicant by a governmental entity (federal, state or local) with commission of any certifies that: of the offenses enumerated in paragraph (A)(ii) of this certification; and A. No federal appropriated funds have been paid or will be (iv) Have not within a three-year period preceding this application had paid, by or on behalf of the undersigned, to any person for one or more public transactions (federal, state or local) terminated for influencing or attempting to influence an officer or employee of any cause or default; and agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of B. Where the applicant is unable to certify to any of the statements in this any federal grant; the entering Into of any cooperative agreement; and certification, he or she shall attach an explanation to this application. the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; 3. Drug-Free Workplace (Grantees Other Than Individuals) B.If any funds other than federal appropriated funds have been paid As required by the Drug-Free Workplace Act of 1988, and implemented or will be paid to any person for influencing or attempting to influence at 28 CFR Part 83, for grantees, as defined at 28 CFR Part 83, Sections 83 an officer or employee of any agency, a member of Congress, an officer and 83.510 - or employee of Congress, or an employee of a member of Congress A. The applicant certifies that it will, or will continue to, provide a drug- in connection with this federal grant or cooperative agreement, the free workplace by: undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled C. The undersigned shall require that the language of this substance be included in the award documents for all subawards at all tiers is prohibited in the grantee's workplace and specifying the actions that will l be taken against employees for violation of such (including subgrants, contracts under grants and cooperative prohibition; agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. (ii) Establishing an on-going drug-free awareness program to inform - 2. Debarment, Suspension and Other Responsibility Matters (Direct employees about Recipient) (a)The dangers of drug abuse in the workplace; As required by Executive Order 12549, Debarment and Suspension, and (b)The grantee's policy of maintaining a drug-free workplace; implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Part 2867, Section 2867.437 - (c) Any available drug counseling, rehabilitation and employee assistance programs; and A. The applicant certifies that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, (d)The penalties that may be imposed upon employees for drug-abuse declared ineligible, sentenced to a denial of federal benefits by a state or violations occurring in the workplace; federal court, or voluntarily excluded from covered transactions by any (iii) Making it a requirement that each employee to be engaged in the federal department or agency; performance of the grant be given a copy of the statement required by (ii) Have not within a three-year period preceding this application paragraph (1); been convicted of or had a civil judgment rendered against them (iv) Notifying the employee in the statement required by paragraph (i) for commission of fraud or a criminal offense in connection with that, as a condition of employment under the grant, the employee will - obtaining, attempting to obtain, or performing a public (federal, state or local) or private agreement or transaction; violation of federal or state (a)Abide by the terms of the statement; and antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax (b)Notify the employer in writing of his or her conviction for a violation evasion or receiving stolen property, making false claims, or obstruction of a criminal drug statute occurring in the workplace no later than five of justice, or commission of any offense indicating a lack of business calendar days after such conviction; ),~D i cwo ORlft: Standard Application Forms (v) Notifying the agency, in writing, within 10 calendar days after B. The grantee may insert in the space provided below the site(s) receiving notice under subparagraph (iv)(b) from an employee or for the performance of work done in connection with the specific otherwise receiving actual notice of such conviction. Employers of grant: convicted employees must provide notice, including position title, Place of performance (street address, city, county, state, zip code) to: COPS Office, 1100 Vermont Ave., NW, Washington, D.C. 20530. Notice shall include the identification number(s) of each affected ~QS1rt11 grant. I -N- ~0"3. (vi) Taking one of the following actions, within 30 calendar days of Check if receiving notice under subparagraph (iv)(b), with respect to any there are workplaces on file that are not identified here. 4. employee who is so convicted - Coordination (a)Taking appropriate personnel action against such an employee, The Public Safety Partnership and Community Policing Act of up to and including termination, consistent with the requirements 1994 requires applicants to certify that there has been appropriate of the Rehabilitation Act of 1973, as amended; or coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among (b) Requiring such employee to participate satisfactorily in a drug others, the Office of the United States Attorney, state or local abuse assistance or rehabilitation program approved for such prosecutors, or correctional agencies. The applicant certifies that purposes by a federal, state or local health, law enforcement or other there has been appropriate coordination with all affected agencies. appropriate agency; (vii) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (i), (Ii), (iii), (iv), (v) and (vi). Grantee Agency Name and Address: I ~UsrLLL05 u' - ~y 5 ,C t F-C~f ~ 6 Lc Grantee IRS/ Vendor Number: False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. L4 Typed Name of Law Enforcement Executive Date (or Official with Programmatic Authority, as applicable) By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owners Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government ~Q rt ktY- (~rn S Typed Name of Government Executive Date (or Official with Financial Authority, as applicable) I~ I SECTION 10: Disclosure of Lobbying Activities Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which 8. Enter the most appropriate Federal identifying lobbying activity is and/or has been secured to influence number available for the Federal action identified the outcome of a covered Federal action. in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement 2. Identify the status of the covered Federal action. number; the contract, grant, or loan award number; the 3. Identify the appropriate classification of this report. If application/proposal control number assigned by the this is a follow-up report caused by a material change to Federal agency). Include prefixes, e.g., "RFPD E-90-001." the information previously reported, enter the year and 9. For a covered Federal action where there has been an quarter in which the change occurred. Enter the date of award or loan commitment by the Federal agency, enter the last previously submitted report by this reporting the Federal amount of the award/loan commitment for entity for this covered Federal action. the prime entity identified in item 4 or 5. 4. Enter the full name, address, city, state and zip code 10. (a) Enter the full name, address, city, state and zip of the reporting entity. Include Congressional District code of the lobbying entity engaged by the reporting number, if known. Check the appropriate classification registrant identified in item 4 to influence the covered of the reporting entity that designates if it is, or expects Federal action. to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime (b) Enter the full name(s) of the individual(s) performing is the 1st tier. Subawards include but are not limited services, and include full address if different from 10 (a). to subcontracts, subgrants and contract awards under Enter Last Name, First Name, and Middle Initial (MI). grants. 11. The certifying official shall sign and date the form, 5. If the organization filing the report in item 4 checks print his/her name, title and telephone number. Subawardee, then enter the full name, address, city, state and zip code of the prime Federal recipient. Public reporting burden for this collection of information Include Congressional District, if known. is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data 6. Enter the name of the Federal agency making sources, gathering and maintaining the data needed, and the award or loan commitment. Include at least one completing and reviewing the collection of information, organizational level below agency name, if known. For Send comments regarding the burden estimate or any example, Department of Transportation, United States other aspect of this collection of information, including Coast Guard. suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project 7. Enter the Federal program name or description for 0348-0046), Washington, D. C. 20503. the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 37 00 130 Disclosure of Lobbying Activities 4 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352. Not Applicable 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan Year: e. loan guarantee Quarter: f. loan insurance Date of last report 4. Name and Address of Reporting 5. If Reporting Entity in No. 4 is Subawardee, Enter Entity: Prime Subawardee Name and Address of Prime: Tier if known: Congressional District (number), if known: Congressional District number if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9.Award Amount, if known: 10. a. Name and Address of Lobbying 10. b. Individuals Performing Services Registrant (if individual, last name, first name, MI): (Including address if different from No.1 Oa) (last name, first name, MI): 4 11. Information requested through this form is Typed Name: authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was Print Name: placed by the tier above when this transaction was made or entered into. This disclosure is required Title: pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails Telephone No.: Date: to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction, Standard Form - LLL I 13 SECTION 11: CERTIFICATION OF REVIEW AND REPRESENTATION OF COMPLIANCE WITH REQUIREMENTS The signatures of the Law Enforcement Executive/Program Official and Government Executive/Financial Official, and any applicable program partners on the Certification of Review and Representation of Compliance with Requirements: 1) Assures the COPS Office that the applicant will comply with all legal, administrative, and programmatic requirements that govern the applicant for acceptance and use of federal funds as outlined in the applicable COPS Application Guide; AND 2) Attests to the accuracy of the information submitted with this application (including the Budget Detail Worksheets). The signatures on this application must be made by the actual executives named on this application unless there is an officially documented authorization for a delegated signature. If your jurisdiction has such an official document, it must be attached to this application. Applications with missing, incomplete, or inaccurate signatories or responses may not be considered for funding. Signatures shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws, and/or is not cooperating with an ongoing federal civil rights investigation, and/or is not cooperating with a COPS Office compliance investigation concerning a current grant award. Per n Submitting this Application By clicking this box and typing my name below; I certify that I 'have been legally and officially authorized by the appropriate . governing body to submit this 'application and act on behalf of the grant applicant entity,, I certify that I have read, understand, and agree, if awarded ~to'abide by all of.the applicable grant compliance'ter_ms and conditions'-as outlined in the COPS Application . :Guide, the COPS Grant Owner's Manual; assurances cerfificahons and all gther al plicable1program regulations, laws, orders, or i; ,circulars., In addition, I certify that the information provided'on this form and any-attached forms'is`true.an`d accurate to the best of my_kriowledge. I understand that false statements or claims made in connection with COPS programs mayresult infines, mprisonrnerit, debarment from participating in federal grants, cooperative agreements, or contract, andlcr any other rernedy available bylaw to the federate overnment. Please type your name.her in place of,your signature: Law Enforcement Executive BY clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. 1 certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS, Application Guide, the COPS Grant Owner's Manual, assurances, certifications.and all other, applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attache I d forms is.true and 'accurate 'to-the best of my knowledge. I understand that false statements or claims made'in'connectionwith COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Please type your name here place of your signature: i Government Executive f ~ t ".~t• l P By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate goveming~body to submit this application and act on behalf of the grant applicant entity. Gcertify that I have read,understand and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations; laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I_understand that false statements or claims made in connection with COPS programs may result in fines, impdsonment, debarment from participating in federal grants, cooperative, agreemenfs, or contracts,;and/or'any other remedy, available by law to the federal nt. Please type _your name here n place of your signature: . "COPS ONLINE NOTE: The only electronic signature submitted online with this application will be the individual registered with the user name and password that was entered during the COPS Online login process. However, the signatures of both the Law Enforcement Executive/Program Official and the Government Executive/Financial Official, as well as any applicable program partners' signatures, are REQUIRED for Sections 8, 9 and 11. of this application. Original, signed hard copies of the Certification of Review and Representation of Compliance with Requirements, Assurances and Certifications must be kept in the agency's files and furnished upon request." r- By clicking this box, I have read and understand this requirement. Warning: Once you submit your application you will be unable to change any of your application information. Please ensure that you have reviewed all of your information before submitting your application to the COPS Office. Paperwork Reduction Act Notice The public reporting burden for this collection of information is estimated to be up to two hour per response, depending upon the COPS program being applied for, which includes time for reviewing instructions. Send comments regarding this burden estimate or any other aspects of the collection of this information, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, U.S. Department of Justice, 1100 Vermont Avenue, N.W., Washington, DC 20530; and to the Public Use Reports Project, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. You are not required to respond to this collection of information unless it displays a valid OMB control number. The OMB control number for this application is 1103-0098 and the expiration date is 05/31/2011. v INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY THE CITY OF COLLEGE STATION AND THE CITY OF BRYAN For 2009 Byrne Justice Assistance Grant (JAG) Program Award This Agreement is made and entered into by and between Brazos County, Texas (hereinafter referred to as the "County"), acting through its Commissioners' Court, the City of College Station (hereinafter referred to as "College Station"), a Texas Home Rule Municipal Corporation, acting through its City Council; and the City of Bryan, Texas (hereinafter referred to as "Bryan"), a Texas Home Rule Municipal Corporation, acting through its City Council. WHEREAS, the County, College Station, and Bryan wish to submit a joint application for grant funds under the U.S. Department of Justice's 2009 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, as a condition precedent to receiving a JAG award, the County, College Station, and Bryan are required to enter into an interlocal agreement designating one joint applicant to serve as the applicant/fiscal agent for the joint funds; and WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the 1NTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, Bryan also agrees to provide the County $84,001.00 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan agrees to provide College Station $92,235.00 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan shall use their $249,185.00 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, College Station, Bryan and the County believe it to be in their best interest to reallocate the JAG funds as described above, t Ira ri~~ Contract No. NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: 1. Bryan agrees to pay the County a total of $84,001.00 of JAG funds. 2. The County agrees to use the $84,001.00 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 3. Bryan agrees to pay College Station a total of $92,235.00 of JAG funds. 4. College Station agrees to use $92,235.00 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 5. Bryan agrees to retain a total of $249,185.00 of the JAG funds. 6. Bryan agrees to use $249,185.00 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 8. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 9. No party shall have the right to direct or control the conduct of the other parties with respect to the duties and obligations of each party under the terms of this Agreement. 10. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 11. Effective Date and Term. This Agreement shall be effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2010. 12. INDEMNIFICATION. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to this Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement. 13. CONSENT TO SUIT. Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. 14. Invalidity: I f any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. I 1A IOU 13 Contract No. 15. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. City of College Station: City Manager City of College Station P. O. Box 9960 College Station, Texas 77842 City of Bryan: City Manager City of Bryan 300 South Texas Avenue Bryan, Texas 77803 Brazos County: County Judge Brazos County 300 East 29`s Street, Suite 114 Bryan, Texas 77803 14. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 15. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 16. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 17. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 18. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 19. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse any other different or subsequent breach. ! 133 Contract No. 20. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 21. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 22. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. lie t v Contract No. EXECUTED this the day of , 2009 by CITY OF BRYAN. CITY OF BRYAN By: D. MARK CONLEE Mayor ATTEST: APPROVED AS TO FORM: Mary Lynn Stratta City Attorney City Secretary ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, D. MARK CONLEE, Mayor of Bryan, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 2009. Notary Public, State of Texas My Commission Expires: _ I~ Contract No. EXECUTED this the day of 2009 by CITY OF COLLEGE STATION. CITY OF COLLEGE STATION By: BEN WHITE Mayor ATTEST: APPROVED AS TO FORM: Connie Hooks City Attorney City Secretary ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared BEN WHITE, Mayor of College Station, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 2009. Notary Public, State of Texas My Commission Expires: I q0 Contract No. EXECUTED this the day of 2009 by BRAZOS COUNTY. COUN OF B S By: RANDY S1 ,99 County 'J 99e ATTEST: APPROVED TO FORM: K ren ,t McQueen Counsel for azos Co nty County Clerk-, t ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared RANDY SIMS, County Judge of Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day ofd, A.D. 2009. Notary Public, State of Tex ^ ~ My Commission Expires: LAC Wp~~Y PUB c•CF`/y ',////~//11111111 PO 41 40 aD 0 h q O eYpl N YNf r 001 A V 10 00 us 0 F Z b 10 f N A A N O A N _ O r a 0- a p F F N 40 Q b A T O O1 ao 01 o1 an Q b? N N M N 01 M Z p Cl mC-i N N C.) t0+1 N V ma z N N N N N N N b Y 2 Goll Go Go 41% 4-W F C N C b mm O S CD N W W a0 t00 00i O N . 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