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BRAZOS COUNTY C>
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 24 MARCH 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 Peters.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 -14:
3. Budget Amendment 08/09 - 24.1 thru 24.7.
4. Reclassification of the Precinct 1 Constable's Clerk III from Class 1619, Group 12,
Step 2 to Class 1619, Group 12, Step 6.
5. Personnel Change of Status.
6. Payment of Claims.
7. Order 09-005 prohibiting outdoor burning in Brazos County for ninety (90) days,
effective immediately.
8. Renewal of the InterStor Design Associates preventative maintenance and extended
service agreement; term of this agreement is 5/25/09 to 5/25/10.
9. National School Lunch Program contract with the Texas Department of Agriculture for
the 2009-2010 academic year for the Brazos County Juvenile Services Department.
Office of the County Judge 200 South Texas Ave. • Suite 332 Bryan, Texas 77803 • Fax: (979) 361-4503
Commissioners Court Agenda
24 March 2009
Page 2
10. Permission to award the annual contract for carpet cleaning to Asure Carpet Cleaning;
contract term is 3/24/2009 through 3/23/2010.
11. Tax Refund Applications for the following:
a. George J. & Tillie J. Rausch, Jr. g. Cere, Inc.
b. Diamond B. Enterprises h. Cynthia Williams
c. Emerson A. & Obie Sheets i. Parks Alexander Parks Tax Service
d. Universal Hospital Services j. Jose Espinoza
e. Doris Jean Lindley k. Howard L. Miller
f. Melanie Juneau 1. University Title Co.
12. Renewal of Bid 2008-030, 12 Inch Rip Rap, with Superior Crushed Stone and no
increase in rates; new bid number will be 2009-31 R.
13. Permission to re-advertise Bid #2009-001, Hot Asphalt Mix. No bids were received on
the original bid.
14. Permission to advertise the following bids:
a. Bid #2009-34, Asphalt and Emulsion;
b. Bid #2009-36, Restore, Scan and Reproduce Record Books for the County
Clerk.
15. Acknowledgement of action taken by the Brazos Valley Wide Area Communications
System (BVWACS) Governing Board on 23 March 2009 regarding the system
purchase agreement with Motorola, Inc. for the acquisition and installation of
equipment that will provide public safety and public service radio communications
internally and among the BVWACS partner entities.
16. Announcement of interest items and possible future agenda topics.
17. Call for citizen input and/or concerns.
18. Agency / Board / Committee reports by Court members.
19. Adjourn
Commissioners Court Agenda
24 March 2009
Page 3
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, 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
MARCH 24, 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, March 24, 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;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Peters gave the invocation and then led the
pledge of allegiance.
Under citizen input/and or concerns, the following spoke:
Kristy Roe, Tax Assessor/Collector
a) Stated that the Appraisal District Board is still
very interested in joining the Tax Office and
possible Independent School District land.
The Court next considered Budget Amendment #08/09-24.1
through 24.7 that would reallocate funds for the Agricultural
Vol ( Page 15A
Commissioners Court meeting March 24, 2009 2
Extension Service, Constable, Precinct 4, Justice of the
Peace, Precinct 2, Place 1, Justice of the Peace, Precinct 2,
Place 2, Justice of the Peace, Precinct 4, General Capital
Improvement Fund; and transfer funds from Contingency to
Veterans' Office. On motion by Commissioner Peters, seconded
by Commissioner Cauley, the Court voted unanimously to approve
the budget amendment as submitted. A copy each amendment is
attached.
The next matter before the Court was the reclassification
of the Precinct 1, Constable's Clerk III from Class 1619,
Group 12, Step 2 to Class 1619, Group 12, Step 6 position.
On motion by the County Judge, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the
reclassification of the Precinct 1 Constable's Clerk III
position.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7060098 through 7060347
Vol + Page 15]3
Commissioners Court meeting March 24, 2009 3
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Claims
as submitted.
The next matter before the Court was consideration of
Order 09-005, prohibiting outdoor burning in Brazos County for
ninety (90) days. On motion by Commissioner Peters, seconded
by Commissioner Wassermann the Court voted unanimously to
table consideration at this time but to keep it on the agenda.
The Court next considered the renewal of the InterStor
Design Associates Preventative Maintenance and Extended
Service Agreement for a mobile filing/storage system. Cost of
the renewal is $225.00 and the term is from May 25, 2009
through May 25, 2010. On motion by Commissioner Peters,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the renewal of the InterStor Design Associates
Preventative Maintenance and Extended Service Agreement for a
mobile filing/storage system and authorized the County Judge
to execute the document. A copy is attached.
The next matter before the Court was consideration of the
National School Lunch Program Contract between the Texas
Department of Agriculture and the Brazos County Juvenile
Services Department for the 2009-2010 academic year. On motion
by the County Judge, seconded by Commissioner Peters, the
Vol C ('l Page I -c- /41 -
Commissioners Court meeting March 24, 2009 4
Court voted unanimously to approve the contract between the
Texas Department of Agriculture and the Brazos County Juvenile
Services Department for the 2009-2010 academic year and
authorized the County Judge to execute the document. A copy is
attached.
The Court next considered awarding the annual Contract
for carpet cleaning. Amanda Rutledge, Buyer, recommended
awarding the contract to Asure Carpet Cleaning. On motion by
Commissioner Wassermann, seconded by Commissioner Peters, the
Court voted unanimously to accept the recommendation of the
Buyer and award the contract to Asure Carpet Cleaning. A copy
of the bid tabulation and contract are attached.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. George J. & Tillie J. Rausch, Jr., over payment
$100.00
b. Diamond B. Enterprises, over payment $93.75
c. Emerson A. & Obie Sheets, over payment $50.65
d. Universal Hospital Services, over payment $268.13
e. Doris Jean Lindley, over payment $70.55
f. Melanie Juneau, over payment $54.03
g. Cere, Inc., over payment $43.34
h. Cynthia Williams, over payment $ 200.00
i. Parks Alexander Parks Tax Service, over payment $47.41
j. Jose E. Cuellar-Rodriguez, over payment $70.26
k. Howard L. Miller, over payment $14.59
1. University Title Company, over payment $360.19
Vol III Page 155
Commissioners Court meeting March 24, 2009 5
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the tax refund
applications.
The Court next considered the renewal of Bid 2008-030 12
Inch Rip Rap. On motion by Commissioner Wassermann, seconded
by Commissioner Peters, the Court voted unanimously at the
request of the Purchasing Agent to remove the item from the
agenda. It will be rebid.
The Court next considered a request from the Purchasing
Department for permission to re-advertise Bid 2009-001, Hot
Asphalt Mix. No bids were received on the original bid. On
motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the re-
advertising of Bid 2009-001.
The next matter for consideration was approval for the
Purchasing Agent to advertise the following bids:
a. Bid 2009-034, Asphalt and Emulsion
b. Bid 2009-036, Restore, Scan, and Reproduce Record
Books
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to authorize the
Purchasing Agent to advertise for both of the above referenced
bids.
Vol 10 Page 151P
Commissioners Court meeting March 24, 2009 6
The Court acknowledged the action by the Brazos Valley
Wide Area Communication System (BVWACS) Governing Board on
March 23, 2009 regarding the system purchase agreement with
Motorola, Inc. for the acquisition and installation of
equipment that will provide public safety and public service
radio communications internally and among the BVWACS partner
entities.
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner Mallard
a) Announced that the government will give $50
million dollars to A&M University for
economic development for medical services on
the research campus. It may mean many more
manufacturers coming to this area for the
testing.
Under citizen input and/or concerns, the following
spoke:
Sheriff Chris Kirk
a) There were 533 inmates in jail, 36 are in
Anderson County, 75 have monitors and 25 are
pending for monitors.
There were no Agency/Board/Committee reports by Court
members.
There being no further business to come before the Court,
the meeting was adjourned.
Vol 119 Page ( 15 1
The foregoing minutes of the Commissioners Court meeting held
March 24, 2009 have been examined and are approved in open
Court this the day of AkEd 2009, in Bryan,
Brazos County, Texas.
6C.-
Randy ms Lloyd W ssermann
Coun e5_ Commissioner, Precinct 1
u
Duane Peters Kenny Mall r
Commissioner, Precinct 2 Commissioner, Precinc 3
rey Cau e y, Jr
Commissi ner, Precinct 4
Attest:
- A L~'a~
Karen McQueen
County Clerk /
Vol Page (J
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BRAZOS COUNTY
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09 - 24.1 thru 24.7
On this the 24th day of March 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 24 March 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 24th day of March 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
l
By: ac,~ D
Randy S' s, County Judge
Original: ounty 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. 08109 - 24.1
3/24/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 37000100 71502000 CR Rental-Facility 500.00
0100 37000100 61500000 DR Printing 500.00
Agricultural Extension Service
To reallocate funds to allow for additional funds for rintin .
artment' proval„ Date
P.repared;By:
Date: 3118/2009
County Jud' Approval Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 24.2
3/24/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 30401100 60360000 CR Furniture 540.00
0100 30401100 67281000 DR Office Equipment 540.00
Constable Pct. # 4: Butler
To reallocate funds to allow for the urchase of a television with a DVD player.
Department Approv 1 Date
Prepared By: ifj~-
Date: ` 3118120109
CpuntyJud Approval; Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 24.3
3/24/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
2400 24005210 67670000 CR Printers 72.00
2400 24005210 60500000 DR Office Equipment 72.00
2400 24005210 61130000 CR Contni enc -JP Technology Fund 132.00
2400 24005210 67203000 DR Minor Computer Hardware 132.00
JP Technology Fund: JP pct # 2.1: Hoo e
To reallocate funds to the proper printer account. Also to fund the additional cost associated with the purchase of a
a projector budget at $1,900.00, to put in lace with accessories the cost is an additional $132.00 total cost of $2,032.69.
Department Approval Date
Prepared By: , if
bate: 3/1812009;
.2~/N
County,Jua App f Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 24.4
3/24/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
2400 24005220 67670000 CR Printers 72.00
2400 24005220 60500000 DR Office Equipment 72.00
2400 24005220 61130000 CR Contingency 132.00
2400 24005220 67203600 DR Minor Computer Hardware 132.00
JP Technology Fund: JP Pct # 2.2: Munoz
To reallocate funds to the proper printer account. Also to fund the additional cost associated with the purchase of a
a projector bud et at $1,900.00, to ut in lace with accessories the cost is an additional $132.00 total cost of $2,032.69.
Department Approv Date
Prepared By: ifj
Date: 3118/2009
Couj14 Judi ApprovaF.' Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 24.5
3/24/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
2400 24005400 67670000 CR Printers 72.00
2400 24005400 60500000 DR Office Equipment 72.00
JP Technology Fund: JP Pct # 4: Quintero
To reallocate funds fora rinter/scanner/copier combination to the proper accounting code.
'A ppr I Date
Departme q0 t.
PreparedBy: ifj
Date: 3/18/2009
_ , -Date
County Ju' a Approval-..
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 24.6
3/24/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency -General Fund 1,661.00
2400 10002000 53200000 DR Retirement 1,661.00
General Fund Contingency & Veteran's Office
To reallocate funds due to an error when calculating benefits during the budget ccle. When a oll was pulled over, the position
was a temporary position in the County Judge's Department. The personnel information was "pulled" over to the budget module
before the current position was filled with a permanent employee. The system has to be updated to reflect the actual positions and
an associated benefits manaull after it is "pulled" into the bud et personnel module. This budget amendment will correct the oversi 1
G L/LC~?~l~itc- e`l
DepartmenApprov Date
Prepared By: if j
Dater 3118/2009; /
i
County Judg pprova Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 24.7
3/24/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
4500 63000500 60360000 CR Furniture 190.00
4500 63000500 67342000 DR Furniture 190.00
General Capital Improvement Fund
To reallocate funds to the proper furniture account r accounting purposes.
Account # 60360000 67342000
2009 Approved Budget 35,731.20 10,268.80
Proposed purchase 27,518.33 10,458.79
8,212.87 189.99
Depart, ntApproval; _ Date
Prepared By: ifj.,
Date: 311912009', `
County Judge Ap' oyal. Date
PERSONNEL -47
CHANGE OF STATUS REQUESTS
Commissioner Court Date: March 24, 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
Constable Pct. 4 Pineda, John Add Cell Phone Allowance
Juvenile Services Brooks, Willis New Hire
Preston, Treva New Hire
Sherriff Office- Jail Contreras, Miguel Transfer within Department
Dill, Johnathan Transfer within Department
Dylla, Mathew Transfer within Department
James, Robert New Hire
Nunez, Abundio Transfer within Department
Perez, Elizabeth New Hire
Prestwood, Paul New Hire
Ramos, Roberto New Hire
Watson, Brandon Transfer within Department
Williams, Kimberly New Hire
Tax Office Westbrook, Beatrice New Hire
Approved in Commissioners' Court: March 24,2009:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
i
interst®r DESIGN ASSOCIATES, INC.
INFORMATION & MATERIEL MANAGEMENT SOLUTIONS
Preventative Maintenance and Extended Service Agreement
DATE TYPE OF AGREEMENT CUSTOMER ORDER NO. CONTACT: PHONE
3-4-09 NEW RENEW X 15-7371SMA WAYNE DICKIE 979-361-4168
CUSTOMER Service Will be Performed at:
BRAZOS COUNTY SHERIFF'S DEPARTMENT 1835 SANDY POINT RD.
300 E 26th STREET, #314 FROM TOTAL ANNUAL AMOUNT
BRYAN, TX 77803 E 05-25-09
R TO
M 05-25-10 $225.00
EQUIPMENT UNDER SERVICE
TYPE OF EQUIPMENT MODEL AMOUNT
MOBILE FILING/STORAGE SYSTEM AUDITOR'S OFFICE
MECHANICAL ASSIST W/..3-.QARRIAGES 225 00
~ t
r. ; `t q
Xk_
CC;r
SPECIAL CONDITIONS
SALES TAX - EXEMPT
TOTAL COST 225 00
Purchaser agrees that this Order includes all of the terms and conditions on both the face and reverse side hereof, that
this Order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive
statement of the terms of the agreement relating to the subject matters covered hereby, and that THIS ORDER SHALL NOT
BECOME BINDING UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE. Purchaser by his
execution of this Order acknowledges that he has read its terms and conditions and has received a true copy of this Order.
Approved By: INTERSTOR DESIGN ASSOCIATES, INC. Customer's Acceptance - Sign name below. Send I
contract to INTERSTOR DESIGN ASSOCIATES, INC.
Address 5074 STEADMONT DR. Compa ame S TY SHER FF' S DEPT
City/State OUSTON, TX 77040 By:
By: Title
Date MARCH 4, 2009 Date L>9 U
Signed Service Agreement must be received by INTERSTOR Phone: (~t ~9) 3co l ' `fl ~2 Ext.
DESIGN ASSOCIATES, INC. prior to expiration of current
service period.
HIGH DENSITY MOBILE STORAGE SYSTEMS FILE SHELVING LIBRARY SHELVING ROTARY FILES
FOLDERS AND SUPPLIES • COLOR CODE LABELING SYSTEMS • AUTOMATED STORAGE AND RETRIEVAL SYSTEMS
TERMS AND CONDITIONS OF AGREEMENT
1. Mechanical service will be furnished to the customer by InterStor Design Associates, Inc. for the equipment listed
during the established business hours of InterStor Design Associates, Inc. Monday thru Friday, excluding holidays. All prices
quoted herein for systems to be placed under agreement are based on the understanding that all equipment will be used during
a maximum 50 hour work week.
2. The maintenance provided shall include regular preventative maintenance & extended service.
3. Preventative maintenance shall be performed during established business hours Monday through Friday. Preventa-
tive maintenance service will include inspection, cleaning, adjustment and lubrication, if required, of all electronic, electrical,
and mechanical components. Unless otherwise excepted, replacement of necessary parts will be accomplished during the
performance of the maintenance inspections and the Subscriber will pay current prices then in effect for such replacements.
4. Extended service shall consist of requested service calls during the 12 calendar months following preventative
maintenance service. If replacement parts are necessary, they will be charged at the prevailing rate.
5. Service requested by the customer during other than established business hours will be charged at the rates then in
effect, including travel time and expense with a two hour minimum. Special arrangements may be made.
6. MAINTENANCE SERVICE AND PARTS REPLACEMENT DOES NOT COVER REPAIRS OR PARTS REQUIRED BECAUSE
OF AN ACCIDENT, FIRE, WATER, ABUSE, MISUSE, WAR, OR AN ACT OF GOD, NOR DOES IT COVER CHANGES IN SETUP,
MAINTENANCE OR REPAIRS DONE BY OTHER PERSONS NOT AUTHORIZED BY INTERSTOR DESIGN ASSOCIATES, INC.
7. If the equipment under agreement is moved, transported or tampered with in any manner without InterStor Design
Associates, Inc. supervision, this agreement will become null and void without refund.
8. Mechanical service is authorized by the customer to be rendered by InterStor Design Associates, Inc. to the
equipment listed for the period above noted unless the agreement is terminated by either party as herein provided. Either party
may terminate this agreement upon written notice to the other party, given not less than thirty (30) days immediately prior to any
anniversary date hereof. InterStor Design Associates, Inc. reserves the right to examine equipment prior to any renewal of
this agreement, and in the event the machine(s) require overhauling or rebuilding, an estimate will be submitted for customer's
approval before the work is started.
9. Maximum liability for InterStor Design Associates, Inc. hereunder shall be an amount not to exceed the total amount
actually paid by the customer for services during the applicable term of the agreement.
10. In no event shall InterStor Design Associates, Inc. be liable for any special, indirect, consequential or exemplary
damages including, without limitations, loss of anticipated profits or business opportunities, or for specific performance.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF (1) ANY AND ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE; AND (II) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACT
OR TORT, WHETHER OR NOT ARISING FROM NEGLIGENCE, ACTUAL OR IMPUTED.
11. At all times whether by amendment or change, and including this document the only persons authorized to sign on
behalf of InterStor Design Associates, Inc. are the President or Service Manager.
InterStor Design Associates, Inc. shall not be responsible for failure to render service for any causes beyond its control
including, without limitation, strikes, labor disputes, and inclement weather.
This agreement shall constitute the entire contract between the parties and cannot be modified except in writing, signed by
both parties.
J-71 .
TEXAS DEPARTMENT OF AGRICULTURE
FOOD AND NUTRITION DIVISION
PERMANENT AGREEMENT
Brazos County Juvenile Services
County/District or Uniform Contract Number (UCN)
National School Lunch Program, School Breakfast Program,
Summer Food Service Program, Child and Adult Care Food Program and
Special Milk Program
The Texas Department of Agriculture, hereinafter referred to as TDA, and Brazos County Juvenile Servi
hereinafter referred to as Contractor, do hereby make and enter into this Agreement (Agreement), as
required by the National School Lunch Act, the Child Nutrition Act, as amended, and the following
program regulations: the National School Lunch Program (NSLP), 7 Code of Federal Regulations
(CFR) Part 210; the School Breakfast Program (SBP), 7 CFR 220; the Summer Food Service
Program (SFSP), 7 CFR Part 225; the Child and Adult Care Food Program (CACFP) 7 CFR Part
226 and the Special Milk Program (SMP), 7 CFR 215.
1.
DEFINITIONS
For purposes of this Agreement:
"Contractor" shall mean (1) a school food authority, which means the governing body which is
responsible for the administration of one or more schools and has the legal authority to operate the
Programs therein or be otherwise approved by the United States Department of Agriculture's
(USDA) Food and Nutrition Service (FNS); (2) an institution, which means a sponsoring
organization, child care center, at-risk after school care center, outside-school-hours care center,
emergency shelter or adult day care center which enters into an agreement with TDA to assume
final administrative and financial responsibility for CACFP operations; or (3) a sponsor of the
Summer Food Service Program, which means a public or private nonprofit school food authority, a
public or private nonprofit residential summer camp, a unit of local, municipal, county or State
government, or a private nonprofit organization which develops a special summer or other vacation
program providing food service similar to that made available to children during the school year
under the National School Lunch Program and School Breakfast Program and which is approved to
participate in the Program.
"School nutrition programs" shall mean all services provided under the authority of the National
School Lunch Program, and the School Breakfast Program.
All other terms in this Agreement have the same meaning as they are defined in the program
statutes and program regulations.
1
II.
PROGRAM DESIGNATION
The above named Contractor applies for, and agrees to operate the Program(s) listed below, which
are indicated by an (X) in the applicable box(es). If Contractor decides to discontinue or begin
operating any of these programs after signing this Agreement, Contractor must provide TDA
advance written notice, including the proposed effective date of the change. Upon approval of the
request, TDA will, at TDA's option, enter into a new agreement with Contractor or amend this
Agreement. If TDA terminates Contractor from one or more of the programs Contractor is
operating, but allows Contractor to continue operating other programs, at TDA's option, Contractor
must enter into a new agreement with TDA to operate the remaining programs or amend this
Agreement to state which programs Contractor will continue to operate.
® National School Lunch Program
including:
❑ Afterschool Care Program
❑ Seamless Summer Option
❑ Fresh Fruit and Vegetable Program
® School Breakfast Program
❑ Summer Food Service Program
❑ Child and Adult Care Food Program
❑ Adult Day Care Centers
❑ Child Care Centers
❑ Day Care Homes
❑ Special Milk Program
III.
CONTRACT PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT
A. Contractor will comply with all laws and regulations applicable to its designated program, as
well as 7 CFR Parts 245 and 250, as amended, the Uniform Federal Assistance Regulation (7
CFR, Part 3015, as amended), Uniform Administrative Requirements For Grants and
Cooperative Agreements To State And Local Governments (7 CFR, Part 3016, as amended), as
applicable, Uniform Administrative Requirements For Grants and Agreements With Institutions
Of Higher Education, Hospitals, and Other Non-Profit Organizations (7 CFR, Part 3019, as
amended), as applicable, Audits of State, Local Governments, and Non-Profit Organizations (7
CFR Part 3052, as amended) and FNS instructions, policy memoranda, guidance and other
written directives interpreting the statutes and regulations applicable to the programs, and state
rules, regulations, policies and procedures as issued and amended by TDA and the other laws
described in the "Schedule of Applicable Laws," which is attached to this Contract as "Exhibit
H" and fully incorporated herein by reference.
2
17.3
Contractor further agrees to perform as described in application documents, policy statements
and supporting documents, and approved amendments to the application or this Agreement for
participation in designated programs.
B. Contractor accepts final administrative and financial responsibility for management of a proper,
efficient and effective food service operation in each school, summer feeding site and child
and/or adult care facility operated or sponsored by Contractor. This responsibility includes any
audit exceptions or payment deficiency in the program covered by this Agreement, and all
subcontracts hereunder, which are found after monitoring or auditing by TDA or USDA and
Contractor will be responsible for the collections and payback of any amount paid in excess of
the proper claim amount.
C. If Contractor participates in the school nutrition programs, Contractor agrees that for each
participating school under its jurisdiction, it will conduct the Programs in accordance with State
and Federal regulations, and specifically, will conform to the following requirements in the
conduct of each Program (unless the requirement is restricted to a particular program):
1. Maintain a nonprofit school food service and observe the limitations on the use of
nonprofit school food service revenues and the limitations on any competitive school food
service;
2. Use Program income only for Program purposes. Such income shall not be used to
purchase land, to acquire or construct buildings, or to make alterations of existing buildings.
Certain renovations may be allowable if prior written approval has been granted by the state
agency;
3. Maintain a financial management system as prescribed by state and federal laws and
regulations and comply with the requirements of USDA's regulations regarding financial
management;
4. Claim reimbursement at the assigned rates only for reimbursable free, reduced-price and
paid meals served to eligible children. The school food authority (superintendent or
authorized representative) signing the claim shall be responsible for reviewing and analyzing
meal counts to ensure accuracy of said claims. Failure to submit accurate claims will result
in recovery of an over claim and may result in the withholding of payments, suspension or
termination of the program. If failure to submit accurate claims reflects embezzlement,
willful misapplication of funds, theft, or fraudulent activity, the penalties specified below
shall apply:
Whoever embezzles, willfully misapplies, steals or obtains by fraud any funds,
assets or property provided under this part whether received directly or indirectly
from USDA shall:
3
a. If such funds, assets, or property are of a value of $100 or more,
be fined no more than $25,000 or imprisoned not more than 5 years
or both; or,
b. If such funds, assets, or property are of a value of less than $100,
be fined not more than $1,000 or imprisoned not more than 1 year or both.
Whoever receives, conceals, or retains for personal use or gain, funds, assets, or
property provided under this part, whether received directly or indirectly from
USDA, knowing such funds, assets, or property have been embezzled, willfully
misapplied, stolen, or obtained by fraud, shall be subject to the same penalties;
5. Submit claims for reimbursement in accordance with procedures established by TDA
and program regulations. Final claims for reimbursement must be received by TDA not
later than 60 days following the last day of the month covered by the claim. Original o
revised claims not received within 60 days require special processing for reimbursement and
must comply with USDA regulations governing late and/or amended claims. Original or
amended claims received late that meet USDA regulations are not guaranteed to be
reimbursed and will only be paid if funds are available;
6. Upon request, make all accounts and records pertaining to its school food service
program available to TDA and to USDA for audit or review, at a reasonable time and place.
Such records shall be retained for a period of five years (three years if operating in a private
school or residential child care institution) after the date of the final Claim for
Reimbursement for the fiscal year to which they pertain, except that if audit findings have
not been resolved, the records shall be retained beyond the five-year period (three-year
period if Contractor is a private school or residential child care institution) as long as
required for resolution of the audit findings raised by the audit;
7. Limit its net cash resources to an amount that does not exceed three months average
expenditures for its non-profit school food services or such other amount as may be
approved in accordance with TDA;
8. Serve meals that meet the minimum requirements prescribed in Schedules B, C, D, E, F,
G, H,1, J and K, as applicable, and which are attached to this Agreement as Exhibit A and
fully incorporated herein;
9. Price the meals as a unit;
10. Serve lunches/breakfasts free or at a reduced price to all children who are determined by
the school food authority to be eligible for such meals;
11. Meet the requirements specified in the school food authority's Policy Statement for Free
and Reduced-Price Meals and all attachments therein,
4
12. Comply with the requirements of USDA's regulations regarding nondiscrimination and
make no discrimination against any child because of his or her eligibility for free or reduced-
price meals in accordance with said Policy Statement;
13. Maintain, in the storage, preparation and service of food, proper sanitation and health
standards in confonnance with all applicable state and local laws and regulations. Maintain
necessary facilities for storing, preparing and serving food;
14. For NSLP only, enter into an agreement to receive donated foods as required by 7CFR
Part 250;
15. Accept and use, in as large quantities as may be efficiently utilized in its nonprofit
school food service, such foods .as may be offered as a donation by USDA;
16. Establish procedures that are necessary to control the sale of food in competition with
the nonprofit food service programs in accordance with Program regulations and
instructions;
17. Count the number of free, reduced-price and paid reimbursable meals served to eligible
children at the point of service or through another counting system if approved by TDA;
18. Maintain files of currently approved and denied free and reduced-price school meal
applications respectively, and the names of children approved for free meals based on
documentation for certifying that the child is included in a household approved to receive
benefits under the Supplemental Nutrition Assistance Program (SNAP) (formerly Food
Stamp Program), Food Distribution Program for Households on Indian Reservations
(FDPIR) or the Temporary Assistance to Needy Families (TANF) program. If applications
are maintained at the school food authority level, they shall be readily retrievable by school;
19. Retain the individual applications for free and reduced-price lunches/breakfasts and
meal supplements and direct certification documentation for a period of five years (three
years if Contractor is a private school or residential child care institution) after the end of the
fiscal year to which they pertain, except that if audit findings have not been resolved, the
applications shall be retained beyond the 5-year period (three years if Contractor is a private
school or residential child care institution) as long as required for resolution of the issues
raised by the audit;
20. Agree to serve breakfast during a period designated as the breakfast period by the
school and to serve lunch during the period designated as the lunch period by the school;
21. No later than December 31 of each year, provide TDA with a the total number of
children approved for free lunches and meal supplements, the total number of children
approved for reduced price lunches and meal supplements, and the total number of children
enrolled in the school food authority as of the last day of operation in October.
Additionally, no later than December 31 of each year, provide TDA with a list of all
5
V~L. l PAU 17~
elementary schools under its jurisdiction of enrolled children that have been determined
eligible for free or reduced price meals as of the last operating day the preceding October;
22. When available for the schools under its jurisdiction, and upon request of a sponsoring
organization of day care homes of the Child and Adult Care Food Program, provide
information on the boundaries of the attendance areas for the elementary schools identified
as having 50 percent or more of enrolled children certified eligible for free or reduced price
meals;
23. For school food authorities serving meal supplements during afterschool care programs
shall agree to meet the following:
a. Serve meal supplements which meet the minimum requirements prescribed in
7 CFR § 210.10;
b. Price the meal supplement as a unit;
c. Serve meal supplements free or at a reduced price to all children who are
determined by the school food authority to be eligible for free or reduced
price school meals under 7 CFR part 245;
c. If charging for meals, the charge for a reduced price meal supplement shall
not exceed 15 cents;
d. Claim reimbursement at the assigned rates only for meal supplements served
in accordance with the agreement;
e. Claim reimbursement for no more than one meal
supplement per child per day;
f. Review each Afterschool Care Program two times a year, with the first
review occurring during the first four weeks that the school is in operation
each school year, except that an Afterschool Care Program operating year
round shall be reviewed during the first four weeks of its initial year of
operation, once more during its first year of operation, and twice each school
year thereafter; and
g. Comply with all requirements of this part, except that, claims for
reimbursement need not be based on "point of service" meal supplement
counts (as required by § 210.9(b)(9)).
24. Certify that each of the schools listed in Schedule A of Exhibit A, which is attached to
this Agreement and fully incorporated herein and identifies the names of all schools in the
school district conducting school nutrition programs, is nonprofit and exempt from federal
income tax under the Internal Revenue Code, as amended; and
6
ULA-M- V
25. Comply with the applicable Civil Rights Policy, which is attached to this Agreement as
Exhibit B and fully incorporated herein.
D. If Contractor is a Sponsor for the Summer Food Service Program, Contractor agrees that it will
conduct the Program in accordance with State and Federal regulations, and specifically, will
conform to the following requirements:
1. Operate a nonprofit food service during the period specified, as follows:
a. From May through September for children on school vacation;
b. At any time of the year, in the case of Contractor administering the Program
under a continuous school calendar system; or
c. During the period from October through April, if Contractor serves an area
affected by an unanticipated school closure due to a natural disaster, major
building repairs, court orders relating to school safety or other issues, labor-
management disputes, or, when approved by the State agency, a similar
cause;
2. If Contractor is a school food authority, offer meals which meet the requirements and
provisions set forth in §225.16 during times designated as meal service periods by the
sponsor, and offer the same meals to all children;
3. If sponsor is not a school food authority, serve meals which meet the requirements and
provisions set forth in §225.16 during times designated as meal service periods by the
sponsor, and serve the same meals to all children;
4. Serve meals without cost to all children, except that camps may charge for meals served
to children who are not served meals under the Program;
5. Issue a free meal policy statement in accordance with §225.6(c);
6. Meet the training requirement for Contractor's administrative and site personnel, as
required under §225.15(d)(1);
7. Claim reimbursement only for the type or types of meals specified in the application and
served without charge to children at approved sites during the approved meal service period,
except that camps shall claim reimbursement only for the type or types of meals specified in
the application and served without charge to children who meet the Program's income
standards;
8. Serve a maximum number of meals under the Program, as approved by TDA, if
Contractor is serving meals prepared by a food service management company, as required
under §225.6(d)(2), and document in its files the maximum number of meals that may be
served;
9. Obtain written approval from TDA to make permanent changes in the serving time of any
meal;
7
r
U -UJ z-;
10. Submit claims for reimbursement in accordance with procedures established by the
State agency, and those stated in §225.9;
11. In the storage, preparation and service of food, maintain proper sanitation and health
standards in conformance with all applicable State and local laws and regulations;
12. Accept and use, in quantities that may be efficiently utilized in the Program, such foods
as may be offered as a donation by the USDA;
13. Have access to facilities necessary for storing, preparing, and serving food;
14. Maintain a financial management system as prescribed by the State agency;
15. Maintain on file documentation of site visits and reviews in accordance with §225.15(d)
(2) and (3);
16. Upon request, make all accounts and records pertaining to the Program available to
State, Federal, or other authorized officials for audit or administrative review, at a
reasonable time and place;
17. Retain records for a period of 3 years after the end of the fiscal year to which they
pertain, unless audit or investigative findings have not been resolved, in which case the
records shall be retained until all issues raised by the audit or investigation have been
resolved;
18. Ensure children consume meals on site unless TDA allows certain foods to be taken off
site for consumption; and
19. Retain final financial and administrative responsibility for its program.
20. Comply with the applicable Civil Rights Policy, which is attached to this Agreement as
Exhibit C and fully incorporated herein.
E. If Contractor participates in the CACFP, Contractor agrees that it will conduct the Programs in
accordance with State and Federal regulations, and, specifically, will conform to the following
requirements:
1. Provide or accept responsibility for the provision of organized, non-residential day care
and immediately report to the appropriate state agency, any suspected violations of licensing
standards or suspected abuse of children or adults in centers (sponsored or independent) or
day care homes;
2. Accept financial and administrative responsibility for management of a proper, efficient,
and effective food service, and will comply with all requirements under 7 CFR Part 226;
3. Keep financial and supporting documents, statistical records, and any other records
pertinent to the services for which a claim was submitted in the manner and detail prescribed
by TDA. Unless otherwise provided by state or federal law, the records and documents will
be kept for a minimum of 3 years after the end of the program year. If any litigation, claim,
8
L jd( FA
negotiation, audit, or other action involving these records begins before such period expires,
Contractor will keep the records and documents for until all audit findings, claims or
litigation are resolved or until the end of the 3 year period, which ever is later. The case is
considered resolved when there is a final order issued in litigation, or a written agreement is
entered into between TDA and the Contractor. Contractor will keep records of non-
expendable property acquired under the contract for 3 years after final disposition of the
property;
4. Allow TDA and USDA officials and other appropriate officials determined by TDA to
inspect facilities and records and to audit, examine, and copy records at any reasonable time,
whether announced or unannounced. This includes access to all records of costs paid, even
in part, by TDA. TDA agrees that any TDA employee making such review shall show
photo identification that demonstrates that he/she is an employee of TDA;
5. Establish a method to secure the confidentiality of records and other information relating
to clients in accordance with the applicable federal law, rules, and regulations, as well as the
applicable state law and regulations. The provision shall not be construed as limiting TDA's
right of access to recipient case records or other information relating to clients served under
this contract;
6. Submit for TDA approval applications and agreements for any center/day care home for
which Contractor intends to sponsor;
7. Submit to TDA's Food and Nutrition Division an amendment to its application or
management plan, on TDA's form, when any change from information that was originally
submitted in Contractor's application occurs; and
8. Comply with the applicable Civil Rights Policy, which is attached to this Agreement as
Exhibit C and fully incorporated herein.
F. A school food authority or child care institution, as defined in 7 CFR, Part 215, participating in
the SMP agrees that it will conduct the SMP in accordance with State and Federal regulations,
and, specifically, will conform to the following requirements:
1. Operate a nonprofit milk service;
2. Serve milk free to all eligible children, at times that milk is made available to nonneedy
children under the SMP and make no discrimination against any needy child because of
inability to pay for the milk;
3. Comply with USDA's regulations respecting nondiscrimination (7 CFR, Part 15) and
with the applicable Civil Rights Policy, which is attached to this Agreement as Exhibit B
and fully incorporated herein;
4. Claim reimbursement for milk, as defined in 7 CFR, Part 215, and in accordance with the
provisions of 7 CFR 215.8 and 215.10;
9
5. Submit Claims for Reimbursement in accordance with § 215.10 of this part and
procedures established by TDA or FSNRO where applicable;;
6. Maintain a financial management system as prescribed by TDA or FNSRO where
applicable;
7. Upon request, make all records pertaining to the SMP available to TDA, USDA or OA
for audit and administrative review, at any reasonable time and place. Such records shall be
retained for a period of three years after the end of the fiscal year to which they pertain,
except that if audit findings have not been resolved, the records shall be retained beyond the
three-year period as long as required for resolution of the issues raised by the audit;
8. Retain the individual applications for free milk submitted by families for a period of -
three years after the end of the fiscal year to which they pertain, except that if audit findings
have not been resolved, the records shall be retained beyond the -three-year period as long
as required for resolution of the issues raised by the audit; and
IV.
TDA CLAIMS PAYMENT
A. TDA will, subject to federal appropriation and availability to TDA of sufficient funds for the
applicable program, make program payment to Contractor in accordance with the terms of this
Agreement. During any fiscal year, the reimbursement paid shall be established in conformance
with applicable federal regulations. No reimbursement shall be made for performance under this
Agreement occurring prior to (a) the beginning effective date of this Agreement or (b) a later date
established by TDA based on the date of receipt of a fully executed copy of this Agreement.
B. Pursuant to §2252.903 of the Texas Government Code, any payments owing to Contractor under
this Agreement will be applied toward elimination of Contractor's indebtedness to the state,
delinquency in payment of taxes to the state, or delinquency in payment of taxes that the
comptroller administers or collects until the indebtedness or delinquency is paid in full.
V.
STATE AUDITOR'S OFFICE
Contractor understands that acceptance of funds under this Agreement acts as acceptance of the
authority of the State Auditor's Office (SAO), or any successor agency, to conduct an investigation
in connection with those funds. Contractor further agrees to cooperate fully with the SAO or its
successor in the conduct of the audit or investigation, including providing all records requested.
Contractor will ensure that this clause concerning the authority to audit funds received indirectly by
subcontractors through Contractor and the requirement to cooperate is included in any subcontract it
awards.
10
VI.
IMMIGRATION
Contractor agrees to comply with the requirements of the Immigration Reform and Control Act of
1986 regarding employment verification and retention of verification forms for any individuals hired
after November 6, 1986, who will perfonn any labor or services under this Agreement.
VII.
CERTIFICATIONS
Contractor shall execute and comply with the following Certifications: (1) Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions,
which is attached to this Agreement as Exhibit D and fully incorporated herein; (2) Certification
Regarding Lobbying, which is attached to this Agreement as Exhibit E and fully incorporated
herein; and (3) Standard Form-LLL, Disclosure Form to Report Lobbying, when applicable, which
is attached to this Agreement as Exhibit F and fully incorporated herein; (4) Clean Air and Water
Certification, which is attached to this Agreement as Exhibit G and fully incorporated herein.
VIII.
TERM AND TERMINATION
A. This Agreement shall take effect on Tu Oj_, 20 (T , or upon signature by
appropriately authorized representative~th Parties, whichever is later.
B. This Agreement may be terminated in accordance with the program laws and regulations,
including 7 CFR, Parts 3015, 3016, 3019 and 3052. In addition to termination in accordance
with the preceding, this Agreement may be terminated for any of the following reasons:
1. Termination by mutual agreement of the Parties. This Agreement may be terminated by
mutual agreement of the Parties. Such agreement must be in writing.
2. Termination in the best interest of the State. TDA may terminate this Agreement at any
time when, in its sole discretion, TDA determines that termination is in the best interest of
the State of Texas. The termination will be effective on the date specified in a notice of
termination from TDA.
3. Termination for non-appropriation of funds. Notwithstanding any other provision of
this Agreement, if funds for the continued fulfillment of this Agreement by TDA are at any
time not forthcoming or are insufficient, through failure of any entity to appropriate funds or
otherwise, then TDA will have the right to terminate this Agreement at no additional cost
and with no penalty whatsoever by giving prior written notice documenting the lack of
funding.
11
VOL jjjPAG E18_2t~_
4. Termination for Change in Ownership or Legal Identity of Institution. Contractor
understands and agrees that this contract is not transferable and that in the event of change in
legal identity or ownership of Institution, this Contract will terminate.
5. Termination for impossibility or unreasonability. If federal or state laws or other
requirements are amended or judicially interpreted so that the continued fulfillment of this
Agreement, on the part of either party, is substantially unreasonable or impossible, or if the
parties are unable to agree upon any amendment which would therefore be needed to enable
the substantial continuation of the services contemplated by this Agreement then, the parties
shall be discharged from any further obligations created under the terms of this Agreement,
except for the equitable settlement of the respective accrued interest of obligations,
including audit findings, incurred up to the date of termination.
IX.
AMENDED OR NEW STATUTES, REGULATIONS, INSTRUCTIONS, POLICY
MEMORANDA, AND GUIDANCE
By continuing to operate covered programs after the enactment or issuance of any changed or new
statutes or regulations applicable to the programs covered by this Agreement, and any changed or
new instructions, policy memoranda, guidance, and other written directives interpreting these
statutes or regulations, Contractor agrees to comply with them.
If Contractor does not wish to comply with any changes or new items, Contractor must seek to
terminate this Agreement in accordance with section VIII of this Agreement.
X.
SEVERABILITY
If one or more provisions of this Agreement, or the application of any provision to either party or
circumstance is held invalid, unenforceable or illegal in any respect, the remainder of this
Agreement and the application of the provision to other parties or circumstances shall remain valid
and in full force and effect.
XI.
SIGNATURES
This Agreement establishes or continues the rights and responsibilities of TDA and Contractor
pursuant to Contractor's participation in one or more of the above named programs as stipulated
herein. By signing this Agreement, both parties are bound by its terms and conditions from its
beginning effective date until terminated in accordance with this Agreement.
Contractor certifies that all information submitted pursuant to this agreement is true and correct.
Contractor understands that the deliberate misrepresentation or withholding of information is a
violation of this Agreement and may result in prosecution under applicable state and federal
statutes.
12
VOL PAGE
The Parties hereto in their capacities stated, agree to all statements and conditions contained herein
and are authorized to sign this Agreement on behalf of the entity stated herein below. The Parties
affix their signatures and bind themselves for the faithful performance of the terms of this
Agreement.
CONTRACTOR
Brazos County Juvenile Services B .
Naive of Contracting Organization Signature of t
(Please print or type) official wh as been authorized to sign
contracts on behalf of the contracting organization.
Randy Sims County Judge
Name of Official Signing Title of Official
(Please print or type) (Please print or type)
Date: fa loi
TEXAS DEPARTMENT OF AGRICULTURE
By: Date:
TDA Representative
Revised January 2009
13
EXHIBIT A
SCHEDULES A-K
(Applicable to NSLP/SBP/SMP only)
Schedule A: Names of all schools/sites in the school food authority that participate in the
NSLP/SBP/SMP
Schedule B: School Breakfast Pattern for Traditional Food Based Menu Planning
Schedule C: School Breakfast Pattern for Enhanced Food Based Menu Planning
Schedule D: School Lunch Pattern for Enhanced Food Based Menu Planning
Schedule E: School Lunch Pattern for Traditional Food Based Menu Planning
Schedule F: Required Minimum Calorie and Nutrient Levels for Enhanced Food Based, Traditional
Food Based and Nutrient Standard Menu Planning Systems for School Breakfasts by Grade Levels
Schedule G: Required Minimum Calorie and Nutrient Levels for Enhanced Food Based and
Nutrient Standard Menu Planning Systems for School Lunches by Grade Levels
Schedule H: Required Minimum Calorie and Nutrient Levels for Traditional Food Based Menu
Planning System for School Lunches by Grade Levels
Schedule I: Optional Minimum Nutrient and Calorie Levels for School Lunches Nutrient Standard
Menu Planning Approaches (by Age Groups)
Schedule J: Optional Minimum Nutrient and Calorie Levels for School Breakfasts Nutrient
Standard Menu Planning Approaches (by Age Groups)
Schedule K: Afterschool Care Program Meal Pattern
14
RETURN TO STATE OFFICE
TX 021-2001
School Food Authority (SFA) Name County/District# or Program#
Schedule A
• List all requested information for all schools/sites within the SFA in, Section I.
• Be sure to use enrollment and total eligible data from the previous October 31. If additional space is necessary, please
make a photocopy of this blank form.
• A copy of the completed Schedule A form will be returned to the SFA with the approved application/agreement so that it
may be filed as a permanent record.
• Please see "Instructions for Completing the Schedule A Form".
• For public and charter schools, the Schedule A will need to be renewed every year online via the Child Nutrition
Programs Information Management System (CNPIMS) internet application by an authorized representative.
PLEASE COMPLETE ALL COLUMNS
Column 1 Column 2 Column 3 Column 4 Column 5
Program
Campus Total Eligible Partici am tion
Number Names of Schools/Sites Enrollment Free +Reduced NSLP SBP Snack SMP
021-200 Brazos Count Juvenile 48 48 48 48 0 0
07-1-200 Brazos Count Academ 30 30 30 30 0 0
GR AND
5tfes - - -
n5: Noi - ao1Si
Texas Department of Agriculture
Child Nutrition Programs
Instructions for Completing the Schedule A Form
Please enter the school food authority (SFA) name and county/district number or program number in the spaces provided at the top of
the form. Use data from last October 31 for total enrollment and total eligible. If no data is available from October 31, then use the
most current figures available. All public and charter schools affiliated with the Texas Education Agency have been assigned
county/district numbers. All private schools and residential child care institutions (RCCIs) have been assigned a program number by
Texas Department of Agriculture. If you are unsure of this number, please contact the Food and Nutrition Division at (877) 839-6325.
Section I:
Column I- Campus Number: For public and charter schools, please list the 3-digit campus number as assigned by the Texas
Education Agency for each school. If you are unsure of the campus number, please contact the Food and Nutrition Division at (877)
839-6325. Private schools and RCCIs will leave this column blank.
Column 2- Names of Schools/Sites: Please list the name of each school/site located in your SFA.
Column 3 - Enrollment: Please provide the total current enrollment (membership, population) for each school/site listed under
Column 1. You may estimate enrollment for a school/site beginning operation during the upcoming year. (Public and charter schools
may update enrollment online through the Child Nutrition Programs Information Management System (CNPIMS) at any time.) For
assistance, please contact the Food and Nutrition Division at (877) 839-6325.
Column 4 - Total Eligible: For each school/site listed, please enter the total # of students approved to receive free and reduced-price
meals. If a new school/site is listed, and eligible figures are not available, please provide your best estimate. (Public and charter
schools may update eligible counts at any time online through the CNPIMS.) For assistance, please contact the Food and Nutrition
Division at (877) 839-6325.
Column 5 - Program Participation: For each school/site listed, please indicate with an "X" which programs will be provided:
National School Lunch Program (NSLP), School Breakfast Program (SBP), After School Snack Program (Snack) or Special Milk
Program (SMP). Note: If a school/site is participating in NSLP, they are not eligible to participate in SMP.
Grand Totals - (Last Row): Please enter the sum total of each column in Section I (total # of schools/sites, total enrollment, total #
of students eligible for free and reduced-price meals, and total participation by program).
6.7
Schedule B
School Breakfast Pattern for Traditional Food Based Menu Planning
Meal Components Minimum Quantities USDA
Ages 1-2 Ages 3,4,5 Grades K-12 Recommendation
Milk (Fluid): As a beverage, /2 cup 3/4 cup 1 cup Whole milk for children
on cereal or both. (4 fl oz) (6 fl oz) (8 fl oz) 1-2 years of age
Lowfat, skim, or
buttermilk for children
over the age of 2
Juice/Fruit/Vegetable: Fruit and/or 1/4 cup cup '/2 cup A juice or fruit or
vegetable; or full-strength fruit vegetable that is a good
juice or vegetable juice. source of Vitamin C
Select one serving from each of the following components or two servings from one component:
Grains/Breads:
One of the following or
an equivalent combination:
Whole-grain or 1/2 slice 1/2 slice 1 slice See Food Buying Guide
enriched bread for Child Nutrition
• Whole-grain or 1/2 serving I/, serving 1 serving Programs for
enriched biscuit, serving sizes.
roll, muffin, etc.
@ Whole-grain, enriched ' / 4 cup or I/, cup or 3/' cup or (whichever is less)
or fortified cereal. I / 3 ounce I/, ounce 1 ounce
Meat/Meat Alternates:
One of the following
or an equivalent
combination:
-Lean meat, poultry I ounce ounce 1 ounce No more than 1 ounce
or fish of nuts or seeds may be
Alternate protein products (APP) I/2 ounce 1/2 ounce 1 ounce served in any one meal.
• Cheese ounce ounce 1 ounce
Large egg egg 1/2 egg 1/2 egg
-Peanut butter or other 1 Thsp. 1 Tbsp. 2 Tbsp. Caution: Children
nut or seed butters under 5 are at a higher
-Cooked dry beans/ peas 2 Thsp. 2 Tbsp. 4 Tbsp. risk of choking than
-Nuts and/or seeds ' / 2 ounce V, 2 ounce 1 ounce older children. It is
-Yogurt, plain or flavored, 2 ounces 2 ounces 4 ounces recommended that
unsweetened or sweetened or 1 / 4 cup or 1 / 4 cup orI/, cup nuts and/or seeds be
(frozen yogurt not allowed) served ground or
finely chopped a
prepared food.
**Alternate Protein Products (APP) are also known as Vegetable Protein Products (VPP).
i -
Schedule C
chool Breakfast Pattern for Enhanced Food Based Menu Planning
Minimum Quantities Required For
Meal Component
Ages 1-2 Preschool Grades K-12*
Milk (Fluid): As a beverage, on cereal 1/2 cup 3/4 cup 1 cup
or both. USDA recommends whole (4 fl oz) (6 fl oz) (8 fl oz)
milk for children 1-2 years of age.
Juice/Fruit/Vegetable: 1/4 cup ' /2 cup 1/2 cup
Fruit and/or vegetable; or full-strength
fruit juice or vegetable juice.
Select one serving from each of the following components or two from one component:
Grains/Breads*:
One of the following or an equivalent
combination:
Whole-grain or enriched bread 1/2 slice '/2 slice 1 slice
Whole-grain or enriched biscuit, '/2 serving 1/2 serving 1 serving
roll, muffin, etc.
Whole-grain, enriched or fortified cereal. 1/4 cup or '/3 cup or 3/4 cup or 1 ounce
1/ 3 ounce ounce (whichever is less)
Meat/Meat Alternates:
Meat/poultry or fish ' /2 ounce ' /2 ounce 1 ounce
*Alternate Protein Products (APP) 1/2 ounce 2 ounce 1 ounce
Cheese 1/ 2 ounce V, 2 ounce 1 ounce
Egg (large) 1/ 2 egg 1 / 2 egg ' / 2 egg
Peanut butter or other nut or seed 1 Tbsp. 1 Tbsp. 2 Tbsp.
butters
Cooked dry beans and peas 2 Tbsp. 2 Tbsp. 4 Tbsp.
Nuts and/ or seeds (as listed in 2 ounce 1 / 2 ounce 1 ounce
program guidance).'
Yogurt, plain or flavored, unsweetened 2 ounces or 2 ounces or 4 ounces or'/2 cup
or sweetened (frozen yogurt not al- 1/, cup 1/4 cup
lowed.
Caution: Children under 5 are at a higher
risk of choking than older children. It is rec-
ommended that nuts and/or seeds be served
ground or finely chopped in a prepared food.
'No more than 1 ounce of nuts and/or seeds may be offered in any one meal.
*Option for Grades 7-12; one additional serving of Grains/ Breads should be served daily in addition to the
components listed above.
**Alternate Protein Products (APP) also known as Vegetable Protein Products (VPP).
Schedule D
School Lunch Pattern for Enhanced Food Based Menu Planning
Schools may use the minimum nutrient and quantity requirements applicable to the majority of children as long as only
one age or grade is outside the levels for the majority of children.
Minimum Quantities Required For
Meal Component Ages 1-2 Preschool Grades K-6 Grades 7-12 Option For
Grades K-3
Meat or Meat Alternate (quantity of the
edible portion as served):
Lean meat, poultry or fish 1 oz. 1 '/2 oz. 2 oz. 2 oz. 1'/, oz.
"Alternative Protein Products (APP) 1 oz. 1 1/, oz. 2 oz. 2 oz. 1 1/, oz.
Cheese 1 oz. 1'/2 oz. 2 oz. 2 oz. 1'/2 oz.
Large egg '/2 1 1 3/4
Cooked dry beans or peas cup '/e cup '/2 cup '/2 cup '/e cup
Peanut butter or other nut or seed 2 Tbsps. 3 Tbsp. 4 Tbsp. 4 Tbsp. 3 Tbsp.
butters
Yogurt, plain or flavored, 4 oz. or 6 oz. or 8 oz. or 8 oz. or 6 oz. or
unsweetened or sweetened (frozen '/2 cup 3/, cup 1 cup 1 cup cup
yogurt not allowed)
The following may be used to meet no
more than 507o of the requirement and
must be used in combination with any o
the above: /2 oz.= 5070 oz= 50170 1 oz.= 50% 1 oz.= 50% 3/, oz.= 50%
Peanuts, soynuts, tree nuts or seeds, as
listed in program guidance, or an
equivalent quantity of any combina-
tion of the above meat/meat alternate
(1 oz. of nuts/ seeds =1 oz. of cooked
lean meat, poultry or fish).
Vegetables/ Fruits (2 or more servings '/2 cup !2 cup 3/, cup plus 1 cup cup
from different sources of vegetables or additional
fruits or both). '/2 cup over
a week'
Grains / Breads. Must be enriched or 5 servings 8 servings 12 servings 15 servings 10 servings
whole grain. per week- per week- per week- per week- per week-
A serving is a slice of bread or an minimum minimum minimum of minimum minimum of
equivalent serving of biscuits, rolls, of '/2 per of 1 per 1 per day' 2 of 1 per day 1 per day' 2
etc., or 1/2 cup of cooked rice, macaroni, day' day'
noodles, other pasta products or cereal
grains.
Milk (As a beverage). 6 fl. oz. 6 fl. oz. 8 fl. oz. 8 fl. oz. 8 fl. oz.
' For the purposes of this chart, a week equals five days.
2Up to one grains /breads serving per day may be a dessert.
3 USDA recommends whole milk for children 1-2 years of age.
*Alternate Protein Product (APP) also known as Vegetable Protein Product (VPP).
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Schedule F
Required Minimum Calorie and Nutrient Levels for Enhanced Food Based, Traditional Food Based and
Nutrient Standard Menu Planning Systems for School Breakfasts by Grade Levels
(School Week Averages: Minimum of three consecutive days and a maximum of seven consecutive days)
Nutrients and energy allowances Preschool Grades K-12 Option for Grades 7-12
Energy Allowances/ Calories 388 554 618
Fat (as a percentage of actual (1) (1'2) (2)
total food energy)
Total Saturated Fat (as a percent- (1) (1,3) (3)
age of actual total food energy)
RDA for Protein (g) 5 10 12
RDA for Calcium (mg) 200 257 300
RDA for Iron (mg) 2.5 3.0 3.4
RDA for Vitamin A (RE) 113 197 225
RDA for Vitamin C (mg) 11 13 14
The Dietary Guidelines recommend that after 2 years of age "...children should gradually adopt a diet that, by out 5 years of
age, contains no more than 30 percent of calories from fat."
2Not to exceed 30 percent over a school week.
3Less than 10 percent over a school week.
Schedule G
Required Minimum Calorie and Nutrient Levels for Enhanced Food Based and Nutrient Standard Menu
Planning Systems for School Lunches by Grade Levels
(School Week Averages: Minimum of three consecutive days and a maximum of seven consecutive days)
Minimum Requirements Optional
Nutrients and energy allowances Preschool Grades K-6 Grades 7-12 Grades K-3
Energy Allowances/ Calories 517 664 825 633
Total Fat (as a percent of actual total (1) (1,2) (2) (1,2)
food energy)
Saturated Fat (as a percent of actual (1) (1,3) (3) (1,3)
total food energy)
RDA for Protein (g) 7 10 16 9
RDA for Calcium (mg) 267 286 400 267
RDA for Iron (mg) 3.3 3.5 4.5 3.3
RDA for Vitamin A (RE) 150 224 300 200
RDA for Vitamin C (mg) 14 15 18 15
'The Dietary Guidelines recommend that after 2 years of age "...children should gradually adopt a diet that, by about 5 years of
age, contains no more than 30 percent of calories from fat."
2Not to exceed 30 percent over a school week.
3Less than 10 percent over a school week.
Y~c~`w IV
Schedule H
Required Minimum Calorie and Nutrient Levels for Traditional Food Based Menu Planning
System for School Lunches by Grade Levels (School Week Averages)
Minimum Requirements Optional
Nutrients and Energy Allowances Preschool Grades K-3 Grades 4-12 rades 7-12
Energy Allowances/ Calories 517 633 785 825
Total Fat (as a percentage of actual (1) (1,2) (2) (2)
total food energy)
Total Saturated Fat (as a percentage (1) (1,3) (3) (3)
of actual total food energy)
RDA for Protein (g) 7 9 15 16
RDA for Calcium (mg) 267 267 370 400
RDA for Iron (mg) 3.3 3.3 4.2 4.5
RDA for Vitamin A (RE) 150 200 285 300
RDA for Vitamin C (mg) 14 15 17 18
The Dietary Guidelines recommend that after 2 years o age "...children should gradually adopt a diet that, by about 5 years o j e,
contains no more than 30 percent of calories from fat."
2Not to exceed 30 percent over a school week.
3Less than 10 percent over a school week.
Schedule I
Optional Minimum Nutrient and Calorie Levels for School Lunches
Nutrient Standard Menu Planning Approaches (School Week Averages)
Nutrients and Energy Allowances Ages 3-6 Ages 7-10 Ages 11-13 Ages 14 and Abov
Energy Allowances/ Calories 558 667 783 846
Total Fat (as a percentage of actual (1,2) (2) (2) (2)
total food energy)
Total Saturated Fat (as a percentage (1,3) (3) (3) (3)
of actual total food energy)
Protein (g) 7.3 9.3 15.0 16.7
Calcium (mg) 267 267 400 400
Iron (mg) 3.3 3.3 4.5 4.5
Vitamin A (RE) 158 233 300 300
Vitamin C (mg) 14.6 15 16.7 19.2
,The Dietary Guidelines recommend that after 2 years of age "...children should gradually adopt a diet that, by about 5 years of
age, contains no more than 30 percent of calories from fat."
2Not to exceed 30 percent over a school week.
3Less than 10 percent over a school week
~C 19-3
Schedule J
Optional Minimum Nutrient and Calorie Levels for School Breakfasts
Nutrient Standard Menu Planning Approaches (School Week Averages)
Nutrients and energy Ages 3-6 Ages 7-10 Ages 11-13 Ages 14 and above
allowances
Energy Allowances /Calories 419 500 588 625
Total Fat (as a percent of (1.2) (z) (2) (2)
actual total food energy)
Saturated Fat (as a percent (1,3) (3) (3) (3)
of actual total food energy)
RDA for Protein (g) 5.50 7.00 11.25 12.50
RDA for Calcium (mg) 200 200 300 300
RDA for Iron (mg) 2.5 2.5 3.4 3.4
RDA for Vitamin A (RE) 119 175 225 225
RDA for Vitamin C (mg) 11.00 11.25 12.50 14.40
'The Dietary Guidelines recommend that after 2 years of age "...children should gradually adopt a diet that, by about 5 years
of age, contains no more than 30 percent of calories from fat."
2Not to exceed 30 percent over a school week.
'Less than 10 percent over a school week.
Schedule K
Afterschool Care Program Meal Pattern
Select two different components from the four listed.
Snack Ages 1-2 Ages 3-5 Ages 6-12 Ages 13-18 Recommended
Portions for children ages 13
through 18 shall be no less than
the portions stipulated for children
ages 6 through 12. We recommend
that schools offer larger portions for
Milk, fluid ' /2 cup ' /2 cup 1 Cup older children (ages 13-18) based on
their greaterfood energy require-
ments.
Meat or meat alternate '/2 oz. '/2 oz. 1 oz.
Yogurt 2 oz./'/, cup 2 oz. /1/4 cup 2 oz./'/ 4 cup 4 OZ'/ 1/ 2 cup
Egg 1/2 1/2 1/2 1/2
Juice or fruit or vegetable 1/2 cup '/2 cup 3/4 cup
Bread and/or cereal: Enriched
or ' / 2 slice '/2 slice 1 slice
whole grain bread or
'/I CUP/ 1/2
Cereal: Cold dry or '/I CUP/' /3 oz. oz. l/4 cup/ 1 oz.
cooked cereal grains / 4 cup / 4 cup / 2 cup
Juice may not be served when mills is served as the only other component.
Caution: Children under five years of age are at the highest risk of choking. USDA recommends that nuts and/or seeds be
served to them ground or finely chopped in a prepared food.
I11 115
EXHIBIT B
CIVIL RIGHTS POLICY COMPLIANCE FOR
SCHOOL NUTRITION PROGRAMS
(NSLP, SBP and SMP)
Contractor agrees to comply with Title V1 of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq.), Title IX of the Education Amendments of 1972 (Title 20 U.S.C. § 1681 et seq.),
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Age Discrimination Act of
1975 (42 U.S.C. § 6101 et seq.); all provisions required by the implementing regulations of the
Department of Agriculture; Department of Justice Enforcement Guidelines,, 28 C.F.R. Parts 50.3
and 42; and FNS directives and guidelines, to the effect that, no person shall, on the grounds of
race, color, national origin, sex, age, or disability, be excluded from participation in, be denied
benefits of, or otherwise be subject to discrimination under any program or activity for which the
program applicant receives Federal financial assistance from FNS; and hereby gives assurance that
it will immediately take measures necessary to effectuate this agreement.
Contractor agrees to compile data, maintain records, and submit reports as required, to
permit effective enforcement of the above Acts and permit authorized TDA and USDA personnel
during normal working hours to review such records, books, and accounts as needed to ascertain
compliance with the above Acts. If there are any violations of this assurance, TDA and the
Department of Agriculture FNS have the right to seek judicial enforcement of this assurance. This
assurance is binding on the Contractor, its successors, transferees, and assignees as long as it
receives assistance or retains possession of any assistance from USDA. The person or persons
whose signatures appear on this Agreement are authorized to sign this assurance on the behalf of the
Contractor.
15
EXHIBIT C
CIVIL RIGHTS POLICY COMPLIANCE FOR
CACFP AND SFSP
Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-
352) and all requirements imposed by the regulations of the Department of Agriculture (7 CFR Part
15), Department of Justice (28 CFR Parts 42 and 50) and FNS directives or regulations issued
pursuant to that Act and the regulations, to the effect that, no person in the United States shall, on
the ground of race, color, national origin, age, sex, or disability be excluded from participation in,
be denied the benefits of, or be otherwise subject to discrimination under any program or activity
for which the Program applicant received Federal financial assistance from USDA; and hereby
gives assurance that it will immediately take any measures necessary to fulfill this agreement.
This assurance is given in consideration of and for the purpose of obtaining any and all
Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or
donation of Federal property and interest in property, the detail of Federal personnel, the sale and
lease of, and the permission to use Federal property or interest in such property or the furnishing of
services without consideration or at a nominal consideration, or at a consideration that is reduced
for the purpose of assisting the recipient, or in recognition of the public interest to be served by such
sale, lease, or furnishing of service to the recipient, or any improvements made with Federal
financial assistance extended to the Program applicant by USDA. This includes provision of cash
assistance for the purchase of food, and cash assistance for purchase or rental of food service
equipment or any other financial assistance extended in reliance on the representations and
agreements made in this assurance.
By accepting this assurance, Contractor agrees to compile data, maintain records, and submit
reports as required, to permit effective enforcement of nondiscrimination laws and permit
authorized TDA and USDA personnel during hours of program operation to review such records,
books, and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are
any violations of this assurance, TDA and the Department of Agriculture, FNS, shall have the right
to seek judicial enforcement of this assurance. This assurance is binding on the Contractor as long
as it receives assistance or retains possession of any assistance from USDA. The person or persons
whose signatures appear below are authorized to sign this assurance on the behalf of the Contractor.
16
C 1
EXHIBIT D
U. S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion-Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment
and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations
were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of
the regulations may be obtained by contacting the Department of Agriculture agency with which
this transaction originated.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Brazos County Juvenile Services Contract It 75-61001
Organization Name PR/Award Number or Project Name
Patrick Munoz Superintendent / Facility Administrator
Name of Authorized Representative Title
Signa re Date
17
5 N a a 10
Exhibit D (Continued)
Instructions for Certification
1. By signing and submitting this form, the prospective lower tier participant is providing
the certification set out on the form in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when the transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tiered
covered transaction", "participant", "person", "primary covered transaction", "principal",
"proposal", and "voluntarily excluded" as used in this clause, have the meanings set out
in the definitions and coverage sections of rules implementing Executive Order 12549.
You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower
tiered covered transaction with a person who is debarred, suspended, declared ineligible
or voluntarily excluded from participation in this covered transaction, unless authorized
by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion--Lower Tier Covered Transactions", without modification, in
all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended, ineligible
or voluntarily excluded from that covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which
it determines the eligibility of its principals. Each participant may, but is not required to,
check the Excluded Parties Lists System (EPLS).
18
M9
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Brazos County
Purchasing Department
t
200 S. TX. AVE., SUM 352 BRYAN, TX 77803
PHONE (979) 3614269 FAX (979) 361-4293
ANNUAL SERVICE CONTRACT - CARPET CLEANING
3/24/2009 - 3/23/2010
GENERAL REQUIREMENT FOR CONTRACT
I 1 i ~ 47-z)-nlL.2 ( as a duly authorized representative of to ~C
c -6V 5d 5 .willingly attest to perform Carpet Cleaning for Brazos County for the
period d March 24, 2009 through March 23, 2010. 1 further agree to all of the provisions and
specifications contained in this contract.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written
permission of Brazos County Commissioners Court. Should there be a change in ownership or
management; the contract shall be canceled unless a mutual agreement is reached with the new
owner or manager to continue the contract with its present provisions and prices.
AWARD
Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST
OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity,
to make awards to more than one offeror, to reject any or all bids.
CONTRACT OBLIGATION
Brazos County Commissioners Court must award the contract and the County Judge or other
person authorized by the Brazos County Commissioners Court must sign the contract before it
becomes binding on Brazos County or the offerors. Department heads are NOT authorized to
sign agreements for Brazos County. Binding agreements shall remain in effect until all products
and/or services covered by this purchase have been satisfactorily delivered and accepted.
QUANTITIES
The quantities specified in this agreement are estimates only. Brazos County does not guarantee
to purchase any minimum quantities or services other than those listed on a purchase order.
CONTRACT RENEWALS
Renewals may be made ONLY by written agreement between Brazos County and the offeror.
Any and all price escalations shall not be accepted and shall be considered a non-response. After
the initial award period, this contract can be renewed for 3 (three) additional 1 (one) year F eriods
if approved by Commissioner's Court.
i{ a lix `N - 1 -
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all
claims for personal injury, death and/or property damage resulting directly or indirectly from
contractor's performance. Contractor shall procure and maintain, with respect to the subject
matter of this bid, appropriate insurance coverage including, as a minimum, public liability and
property damage with adequate limits to cover contractor's liability as may arise directly or
indirectly from work performed under terms of this bid. Certification of such coverage must be
provided to the County upon request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by the County at
the sole discretion of the Commissioners Court when all terms and conditions of the contract and
specifications have been met to its satisfaction, including the submission to the County of any
and all documentation as may be required.
INVOICES & PAYMENTS
Payments to vendors will not be made if the vendor cannot produce a Brazos County Purchase
Order. Offerors shall submit an original invoice on each purchase order or purchase release after
each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice,
which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by
the vendor. When multiple deliveries and/or services are required, the offeror may invoice
following each delivery or performance of service and the County will pay on invoice. Contracts
providing for a monthly charge will be billed and paid on a monthly basis only. The vendor will
provide an invoice for each month in which the County is responsible for payment, during the
duration of the contract. Prior to any and all payments made for goods and/or services provided
under this contract, the offeror should provide his Taxpayer Identification Number or social
security number as applicable. This information must be on file with the Brazos County
Auditor's office. Failure to provide this information may result in a delay in payment and/or
back-up withholding as required by the Internal Revenue Service.
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be
stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price
changes, additions, or subsequent qualifications will be honored during the course of the
contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight,
drayage and other charges are to be prepaid by the contractor and included in the bid prices. If
there are any additional charges of any kind, other than those mentioned above, specified or
unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to
payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in
this document. Brazos County claims exemption from all sales and/or use taxes under Texas Tax
Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished
upon written request to the Brazos County Purchasing Agent.
ift ) OA -2-
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of
any part of this overall document, Brazos County's interpretation shall govern.
GOVERNING LAW
This bid solicitation is governed by the competitive bidding requirements of the County
Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall
comply with all applicable federal, state and local laws and regulations. Offeror is further
advised that these requirements shall be fully governed by the laws of the State of Texas and that
Brazos County may request and rely on advice, decisions and opinions of the Attorney General
of Texas and the County Attorney concerning and portion of these requirements.
DISQUALIFICATION OF OFFEROR
Upon signing this bid document, an offeror offering to sell supplies, materials, services, or
equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this
state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal
antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or
any other person engaged in such line of business. Any or all bids may be rejected if the County
believes that collusion exists among the offerors. Bids in which the prices are obviously
unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are
opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that
offeror will be withdrawn; however, nothing herein prohibits a vendor from submitting multiple
bids for different products or services.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or
the specifications shall be held invalid, such holding shall not affect the remaining portions of
these requirements and the specifications and it is hereby declared that such remaining portions
would have been included in these requirements and the specifications as though the invalid
portion had been omitted.
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a
detailed description concerning any point, shall be regarded as meaning that only the best
commercial practice is to prevail and that only material and workmanship of the finest quality
are to be used. All interpretations of specifications shall be made on the basis of this statement.
The items furnished under this contract shall be new, unused of the latest product in production
to commercial trade and shall be of the highest quality as to materials used and workmanship.
Manufacturer furnishing these items shall be experienced in design and construction of such
items and shall be an established supplier of the item bid.
TERMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of
the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits
acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other
remedies which Brazos County may have in law or equity. Default may be construed as, but not
limited to, failure to deliver the proper goods and/or services within the proper amount of time,
and/or to properly perform any and all services required to Brazos County's satisfaction and/or to
meet all other obligations and requirements. Brazos County may terminate the contract without
cause upon thirty (30) days written notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'S INSURANCE
The ContractorNendor, before starting work for Brazos County, must furnish the County a
Certificate of Insurance or other acceptable evidence from a reputable insurance company or
companies with an A.M. Best Rating of AA@ (such companies to be acceptable to the County)
licensed to write insurance in the state of Texas, showing that the Contract is covered by the
insurance as follows:
(1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the
amount of $1,000,000. In the event any work is sublet, the Contractor shall require the
subcontractor similarly to provide the same coverage and shall himself acquire evidence
of such coverage on behalf of the subcontractor. (TLC Sec. 401.011)
(2) Commercial General Liability Insurance with a $ 500,000 Combined Single Limit. The
policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and
shall include coverage for acts of independent contractors, and shall name Brazos
County as an additional insured. Waiver of subrogation is required. No claims
made policies are acceptable without prior approval by the Commissioners Court/Risk
ment.
Management.
The Certificate of Insurance furnished to the County shall contain a provision that coverage
under such policies shall not be canceled or materially changed until at least 30 dqys prior
written notice has been given to Brazos County
INDEMNIFICATION
The Contractor shall defend, indemnify and save harmless the County and all its officers, agents,
and employees from all suits, actions, or claims of any character, name and description including
attorney's fees expenses brought for or on account of any injuries or damages received or
sustained by any person or persons or property, by or from the said Contractor or his employees
or by or in consequence of any negligence in safeguarding the work, or through the use of
unacceptable materials in construction of the work, or by or on account of any act of omission,
the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the
money due the said Contractor under and by virtue of his contract as shall be considered
necessary by the County may be retained for the use of the County, or in case no money is due,
his sureties shall be held until suit or suits, action or actions, claim or claims for injury or
damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished the
County. Contractor shall defend, indemnify and save harmless the County, its officers, agents
and employees in accordance with this indemnification clause regardless of whether the injury or
damage is caused in part by the County, its officers, agents or employees.
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I
_ .
arpet Cleaning Account #'711206000i
Asure Carpet Cleaning
1 No Bid for Adult Probation 13 COURTHOUSE
$5,250.00
54,420 SgFt
. _
DISTRICT CLERK
1,157 SgFt
SHERIFF'S OFFICE & INVESTIGATOR
2,950 SgFt $ 400.00
2 AGRICULTURAL EXTENSION OFFICE TREASURE'S OFFICE
1,625 5gFt $ 243.00 1,110 SgFt $ 160.00
PURCHASE MEETING ROOM
_...3_._...__ ANNEX; 880SgFt $ 125.00
Community Super. l 9,435 5gFt $1,100.00 COURT MASTER HALL
. . _ _ _
InformationTechnol 2,560:SgFt $ 350.00 160 SgFt $ 45.00
_ Legal Ard 644 SgFt $ 95.00 COURT MASTER
_
260 '5gFt $ 45.00
4 BRAZOS CENTER COMMISSIONERS COURT
- Main Building 2,500 SgFt $ 350.00 380 SgFt $ 55.00
Arena Hall 215 SgFt Mrnimum $ 45.00 RISK MANAGER
_
520:SgFt $ 75.00
FNo bid for COMMUNITY SUPERVISION COUNTY ATTORNEY
5
380 ,SgFt $ 55.00
TOTAL $ 6,210.00
6 GENERAL BUILDING
_
. _
794 SgFt $ 100.00
ADMINISTRATION BUILDING
7 HEALTH DEPARTMENT 15t Floor 13,400 SgFt $1,250.00
4,100 SgFt $ 615.00 14
4X Per Year $2,460.00 2nd Floor: 14,000 SgFt $1,325.00
8 :JUVENILE JUSTICE CENTER 3rd Floor' 10,200 SgFt $ 925.00
Administration area 2,730 SgFt $ 400.00
2X Per Year $ 800.00 TOTAL $ 3,500.00
Detention and Pod 12,762 SgFt $1,500.00
2X Per Year $ 3,000.00 SHER='S BUILDING
-
1stFloor 9,200 SgFt $1,000.00
15
9 ROAD & BRIDGE
1,943 SgFt $ 275.00 2nd Floor SgFt $
10 TAX OFFICE TOTAL $1,000.00
. _
6,080 SgFt $ 900.00
EXPOSITION BUILDING
- I I I j r I
11 MA WELL 1st Floor 2,000 SgFt $ 300.00
8,500 SgFt $1,100.00 16
2nd Floor SgFt $
12 JUSTICE of the PEACE Pct. 3
2,450 SgFt $ 350.00 TOTAL $ 300.00
_ _ .
Annual Cleaning -
2009 5 22,178.OD
The undersigned affirms that they are duly authorized to execute this contract, that this proposal
has not been prepared in collusion with any other Proposer, and that the contents of this proposal
have not been communicated to any other Proposer prior to the official opening of this proposal.
The signatory also a ees to all provisions and specifications of this contract.
Signed y: Title:
Typed Name: aw-t- -van L-e
Company Name: re ~~kp_sg /It Ph ne No.
Mailing Address: • C), /C 1 G ~6 (1,qj2 g Go 7X 7 3 5
P. O. Box or Street ty tate Zip
Employer Identification Number: ! 9 -53 ?s
Social Security Number: 46-1-47-
Approved by Commissioner's Court on this day of 2009 by
1;~Gnaly SItV\S holding the position of