HomeMy WebLinkAbout2009-05-12-9:00AM-REGULAR
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BRAZOS COUNTY
BRYAN, TEXAS.
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
-THE COMMISSIONERS COURT OF-BRAZOS COUNTY WILL MEET IN REGULAR`-*
SESSION ON 12 MAY 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 Mallard.
2. Call for citizen's input and/or concerns.
3. Presentation by Dale Cuthbertson regarding proposal for e-Citation / Racial Profiling
Capture for Law Enforcement.
Consider and take action on agenda items 4 -14:
4. Budget Amendment 08/09 - 31.1 thin 31.7.
5. Personnel Change of Status.
6. Payment of Claims.
7. Retail Lease Agreement for property in the 29`s Street Medical Plaza located at 3030
East 29 h Street in Bryan, TX for the relocation of some offices during the courthouse
renovation.
8. FY10 Texas SAVNS Maintenance Grant Contract with the Office of the Attorney
General of Texas for continued participation in the Texas statewide Victim Information
and Notification Everyday (VINE) Program. Term of agreement is 9/01/2009 through
8/31/2010.
Office of the County Judge 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361-0503
VOL WI PAGE 49'
Commissioners Court Agenda
12 May 2009
Page 2
9. Designation of a Brazos County facility as a Medical Special Needs (MSN) Shelter
during coastal hurricane evacuations.
10. Tax Refund Applications for the following:
a. Bennie Wadlington e. Aaron M. Julie Stuart
b. Daisy Shead f. Roy C. & Lashawn Druery
c. Nettie Marie Mikeska g. Chase Home Finance, LLC (5)
d. Doreen V. Wentrcek
11. Treasurer's Report for the month of March 2009, and for the quarter ending 3/31/09.
12. Permission to advertise Bid 2009-37, Office Supplies.
13. Permission to award bid 2009-34, Asphalt, Oil and Emulsion, as follows based on best
price:
a. Primary
Cleveland Asphalt - AEPand SS-1
Ergon - CRS-2
b. Secondary
Ergon-AEP and SS-1
Cleveland Asphalt - CRS-2
14. Request from Anthony L. Jones to construct a 4 inch Force Main in the right of way of
Walnut Road and Dowling Road; Force Main will be owned and maintained by the
City of College Station. Site is located in Precinct 1.
15. Announcement of interest items and possible future agenda topics.
16. Call for citizen input and/or concerns.
17. Agency / Board / Committee reports by Court members.
18. Adjourn
VOL P PAGE 5t?
• Commissioners Court Agenda
12 May 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, or County employees,
individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or
any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of
these rules may result in the following sanctions:
L cancellation of a speakers 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.
Ian 5)
COMMISSIONERS' COURT
REGULAR MEETING
MAY 12, 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, May 12, 2009 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3, Absent;
Carey Cauley, Jr., Commissioner of Precinct 4,
Absent;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
The County Judge gave the invocation and then led the
pledge of allegiance.
There was no citizen input/and or concerns.
The Court heard a presentation by Dale Cuthbertson
concerning a proposal for e-Citation/Racial Profiling Capture
for Law Enforcement. This proposal has a three (3) year "No
Fault" Warranty. It is being purchased with money confiscated
by drug busts and not by the County. The cost would be
Vol 1011 Page 5~
Commissioners Court meeting May 12, 2009 2
$20,490 for five (5) units which is deferred by the drug
money. Court Counsel, Tina Snelling stated that the Director
of the Information Technology Department who was not present
at the meeting had wanted some discussion concerning the IT
security policy. She went on to say that an addendum to the
contract may be needed.
The Court next considered Budget Amendment #08/09-31.1
through 31.7 that would reallocate funds for Emergency
Management (2), Brazos Center, Metropolitan Planning
Organization, District Attorney, JP Technology Fund; and
transfer funds from Contingency to Sheriff Office: Jail
Division. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the budget amendment as submitted. A copy each
amendment is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7061769 through 7062004
Vol jai Page !E~3
Commissioners Court meeting May 12, 2009 3
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Claims
as submitted.
The Court next considered renewal of a lease agreement
between Brazos County and GGE, LTD for rental of office space
in the 29th Street Medical Plaza located at 3030 East 29th
Street, in Bryan, Texas, for the relocation of some offices
during the Courthouse renovation. On motion by Commissioner
Peters, seconded by Commissioner Wassermann, the Court voted
unanimously to table consideration.
The next matter before the Court was consideration of the
FY10 Texas SAVNS Maintenance Grant Contract with the office of
the Attorney General of Texas (OAG) for continued
participation in the Texas statewide Victim Information and
Notification Everyday (VINE) Program. The term of the contract
is for the period of one year, beginning September 1, 2009
through August 31, 2010. The OAG will reimburse the County
for such actual, reasonable and necessary amounts expended in
the performance of this contract. On motion by commissioner
Wassermann, seconded by Commissioner Peters, the Court voted
unanimously to approve the grant contract. A copy is
attached.
Vol 101 Page 5)4
Commissioners Court meeting May 12, 2009 4
The next matter before the Court was consideration of a
request from the Brazos County Emergency Management Office to
designate a Brazos County facility as a Medical Special Needs
(MSN) shelter during coastal hurricane evacuations. If
approved, this action will qualify Brazos County to receive
State and Federal medical resources in the event of activation
as a MSN site. Chuck Frazier, Emergency Management
Coordinator and Mike Paulus with the Brazos County Health
Department were present to answer questions. Mr. Paulus
thought that because of the flooring at the Brazos Center, the
Expo Center might be better. Supplies are brought in on
pallets. Also, The Expo might be better because they are
already serving animals and this would leave the Brazos Center
alone. Mr. Frazier said he needed a decision to move forward,
but can always change the location if we want to. The County
Judge moved to designate the Expo Center. Commissioner Peters
indicated that the Director of the Expo Center was concerned
if the staff could handle both animals and peoples needs. Mr.
Frazier said that they need a building but that services will
be provided. People will be brought in to run things. The
A&M Health Science Center is committed to help. It will not
be dropped on Mr. Quarles and his staff. The motion was
seconded by Commissioner Peters and the Court voted
Vol i 2 I Page ,5S
Commissioners Court meeting May 12, 2009 5
unanimously to approve the request and designate the Expo
Center ad the Medical Special Needs (MSN) Shelter.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. Bennie Wadlington, over payment $45.55
b. Daisy Shead, over payment $579.04
c. Nettie Marie Mikeska, over payment $140.15
d. Doreen V. Wentrcek, over payment $7.89
e. Aaron M. & Julie Stuart, over payment 25.97
f. Roy C. & Lashawn Druery, over payment $116.88
g. Chase Home Finance, LLC (5) over payment $15.41,
$52.22, $1,019.06, $2.33, $621.76
On motion by the County Judge, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
applications.
On motion by the County Judge, seconded by Commissioner
Peters, the Court voted unanimously to receive, approve and
order filed as submitted the Treasurers report for March 2009
and the quarterly report ending March 31, 2009. A copy of
each is attached to and made a part of these minutes.
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 2009-37, Office Supplies.
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to authorize the
Purchasing Agent to advertise for bids for office supplies.
Vol I a- I Page 5(0
Commissioners Court meeting May 12, 2009 6
The Court next considered awarding Bid No. 2009-34,
Asphalt, oil and Emulsion. Charles Wendt, Assistant
Purchasing Agent, made the following recommendation:
Primary -
Cleveland Asphalt-AEP and SS-1
Ergon-CRS-2
Secondary -
Ergon-AEP and SS-1
Cleveland Asphalt-CRS-2
on motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to accept the
recommendation of the Assistant Purchasing Agent and award the
contract as noted above. A copy of the bid tabulation is
attached.
The Court next considered the request from Anthony L.
Jones to construct a 4 inch Force Main in the right-of-way of
Walnut Road and Dowling Road. The Force Main will be owned
and maintained by the City of College Station. The site is
located in Precinct 1. The County Engineer stated that all
appeared to be in order and recommended approval. on motion
by Commissioner Wassermann, seconded by Commissioner Peters,
the Court voted unanimously to approve the request from
Anthony Lee Jones and authorized the installation. A copy of
the request is attached hereto.
Vol I a I Page 5)
Commissioners Court meeting May 12, 2009 7
There were no announcements of interest items and
possible future agenda topics.
Under citizen input and/or concerns, the following
spoke:
Clyde Collins, Chief Deputy
a) There were 550 inmates in jail, 64 are off
site, 72 have monitors and 33 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 lal Page SS
The foregoing minutes of the Commissioners Court meeting held
May 12, 2009 have been examined and are approved in open Court
this the day of T (~e-, 2009, in Bryan, Brazos
County, exas
~~s-end
Randy ims Lloyd Wassermann
County Judge Commissioner, Precinct 1
Duane Peters Kenny Mall d
Commissioner, Precinct 2 Commissione , Precinc 3
0<'O -caseca"
Carey Cauley, Jr.
Commissioner, Precinct 4
Attest:
aren McQueen
County Clerk
Vol Page 5 Cl
BRAZOS COUNTY COMMISSIONERS COURT
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VOL 121 PAGE I
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09 - 31.1 thru 31.7
On this the 12'h day of May 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 12 May 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 12'h day of May 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By: d~~i,374 -
Rand ims, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
YOU9I PAGE COo
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 31.1
5/12/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 44,000.00
0100 28002000 71050000 DR Contract Inmate Housing 44,000.00
General Fund Contingency & Sheriff Office: Jail Division
To reallocate funds to allow for the housing of inmates out of coun .
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 31.2
511 212 0 0 9
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 35500100 59100000 CR DDEA 12,000.00
0100 35500100 67286000' DR Equipment - Other 12,000.00
Emer enc Management
To reallocate funds to allow for the urhase of trailers for emergency equipment storage.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 31.3
5/12/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 35500100 71020000 CR Computer Contracts 1,200.00
0100 35500100 65320000 DR Equipment - Mainteance 1,200.00
Emergency Management
To reallocate funds to allow for the cost of the service plan for UPS and battery power for the Communi Enter enc O erations
Center.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 31.4
6/12/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 36500100 65050000 CR Building Maintenance 230.00
0100 36500100 60360000 DR Furniture 230.00
Brazos Center
To reallocate funds to allow for furniture urchase.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 31.5
5/12/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 424100 67211000 CR Computer Mainteance 30.00
0100 424100 65150000 DR Software 30.00
MPO
To reallocate funds for com uter maintenace as er Auditor's Office request.
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VOL12I PAGE ~¢7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 31.6
511212009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 19000100 60360000 CR Furniture 1,000.00
0100 19000100 61500000 CR Printing 375.00
0100 19000100 67211000 DR Software 1,375.00
District Attorney
To reallocate funds to allow for the urchase of com uter software.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 31.7
5/12/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
2400 24005000 80720000 CR Security System 500.00
2400 24005000 -6-1.586696- CR Utilities 500.00
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JP Technology Fund
To reallocate funds to allow for the additional monies needed to a for internet connection from the new location of the JP Clerk work
out of the DPS office. This should cover the additional 5 months of the year.
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VOL lal PAGE
PERSONNEL
CHANGE OF STATUS REQUESTS /
Commissioner Court Date: May 12, 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
District Clerk Pankonien, Rebecca Resignation
Thomason, Jessica New Hire
Road and Bridge Green, Bobby Transfer within Department
Approved in Commissioners' Court: May12, 2009:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
VOL W PAGE 70
SAVNS MAINTENANCE GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND BRAZOS COUNTY
FOR THE STATE FISCAL YEAR 2010
OAG Contract No. 1011741
THIS GRANT CONTRACT is executed between the Office of the Attorney General of Texas (OAG) and
Brazos County (COUNTY). The Office of the Attorney General and COUNTY may be referred to in this
contract individually as a "Party" and collectively as the "Parties."
SECTION 1. PURPOSE OF THE CONTRACT
The purpose of the OAG SAVNS grant program is to maintain Texas counties in a statewide system that will
provide relevant offender release information, notification of relevant court settings or events, promote public
safety and support the rights of victims of crime. To accomplish the public purpose, the OAG will reimburse
COUNTY for certain cost incurred in the implementation and operation of its portion of the statewide crime
victim notification service ("SAVNS'). To ensure a standard statewide service to all interested counties,
including COUNTY, the OAG will reimburse COUNTY for eligible expenses related to services delivered to
COUNTY by the vendor certified by the OAG to provide certain services to the COUNTY.
A Request for Proposals (RFP) for Statewide Automated Victim Services was published November 28, 2005.
After an evaluation of proposals, the OAG identified and certified a single vendor to provide statewide
automated victim services. The certification is stated in that certain document dated January 13, 2006, as
renewed until August 31, 2009, by document dated June 25, 2007, and entitled: Vendor Certification, for the
Statewide Automated Victim Notification Service. This document is hereinafter referred to as the
"Certification" and is expressly incorporated herein by reference. The vendor certified to provide the services
is Appriss, Inc., a Kentucky corporation authorized to do business in Texas ("Certified Vendor").
SECTION 2. SERVICE PERIOD (TERM) OF THE CONTRACT
2.1 Service Period (Term). The Service Period (Term) of this contract shall commence on the later of
September 1, 2009 or the date of the signature by the OAG executing this contract, (being the date shown on
this contract as the date executed by OAG); and unless terminated earlier as provided by another provision of
this contract, this contract will terminate August 31, 2010.
2.2 Option to Extend Service Period (Term). This contract may be extended for an additional Service
Period (Term) by a written amendment executed with the same formalities as this contract. Extending the
Service Period (Term) does not increase the contract amount. Any increase in the contract amount must also
be by written amendment executed with the same formalities as this contract.
Maintenance Grant (12 month) Fy 10 02-23-09
Page 1 of 17
VOL Ia I PAGE '7
SECTION 3 COUNTY'S CONTRACTUAL SERVICES
3.1. County Services Agreement. COUNTY will execute a "County Services Agreement," a contractual
agreement, with the Certified Vendor to provide services consistent with the Certification document. The
County Services Agreement will include terms and conditions that are intended to provide the COUNTY such
rights and remedies as are necessary to ensure the delivery of the services from the Certified Vendor in
accordance with the Scope of Services as stated in this contract and the Certification document.
For the convenience of COUNTY, a template services agreement will be made available to COUNTY. The
OAG is not acting as an attorney for the COUNTY, therefore the COUNTY is advised to have attorneys of its
choice to review and modify the template services agreement to protect the interest of the COUNTY and to
ensure that the appropriate level of services will be delivered.
3.2 County Maintenance Plan. COUNTY agrees to maintain the services in a manner consistent with
the "County Maintenance Plan." The COUNTY will establish and maintain a COUNTY Maintenance Plan
that at a minimum is designed to:
3.2.1. Make available offender information that is timely, accurate and relevant to support the victim
notification services;
3.2.2 Verify the Certified Vendor's performance according to County Services Agreement;
3.2.3 Satisfactorily discharge COUNTY obligations as described in the County Services Agreement;
and
3.2.4 Identify and dedicate COUNTY staff, resources and equipment necessary to maintain the
services in the County Services Agreement.
3.3 County Service Levels. In addition to other service levels that COUNTY may impose, COUNTY
will inspect, monitor and verify the performances required of the Certified Vendor. COUNTY will inspect,
monitor and verify the performances required of the Certified Vendor as provided in the COUNTY Services
Agreement as well as this contract. In particular, COUNTY will:
3.3.1. Execute a COUNTY Services Agreement Renewal Notice with the Certified Vendor,
for the Service Period (Term) that coincides with the Service Period (Term) of this contract.
3.3.2. Verify that the COUNTY input data (the jail and court data elements used by the
SAVNS system) is entered accurately and in a timely basis. The standard to define whether
the data is timely and accurate should be determined by the County Auditor or the person in
the COUNTY who assumes these independent responsibilities if other than the Auditor.
3.3.3. Establish a COUNTY VINE log for the purpose of recording all problems noted with
the system; to whom the problem was referred, and when the problem was resolved.
3.3.4. Provide periodic written reports (forms provided by OAG) describing COUNTY
monitoring, findings, usage, problems and observations as requested by the OAG.
3.3.5. The County Judge may delegate the responsibility for assuring these activities are
Maintenance Grant (12 month) Fy 10 02-23-09
Page 2 of 17
VOL ~a I PAGE
accurately reported to the County Auditor or the person in the COUNTY who assumes these
independent responsibilities if other than the Auditor.
3.3.6. Allow on-site monitoring visits to be conducted by OAG or its authorized
representative.
3.4 Cooperation with Statewide Stakeholders. COUNTY will reasonably cooperate with and
participate in Statewide Stakeholders meetings and efforts to monitor and improve the SAVNS services on a
statewide basis. COUNTY may reasonably agree to designate third-parties to assist the OAG, COUNTY and
the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified
Vendor's performances.
3.5 Support of Statewide Deliverables. COUNTY will reasonable cooperate with the OAG in
implementing the Statewide deliverables. The "Statewide Deliverables" describe the services and structure of
the victim notification system on a statewide basis. The OAG may update or modify the Statewide
Deliverables from time to time, with the appropriate input from the Statewide Stakeholders Committee. The
Statewide Deliverables are incorporated herein by reference. To the extent the Statewide Deliverables are
relevant to this SAVNS Maintenance contract, the Statewide Deliverables, include, but are not limited to, the
following:
S-01 Service Specification
S-02 Questionnaire Template
5-03 Statewide Implementation Plan
S-04 Stakeholder Communication Plan
5-05 Call Center Infrastructure
S-06 County Implementation Plan Template
S-07 Web Sites(s)
5-08 Statewide Promotions Package
5-09 Internal Test Guide
5-10 Statewide Implementation Status Reports
S-11 Service Level Standards
S-12 Service Performance Reports
V-01 Vendor Certification
3.5 County Deliverables. The "County Deliverables" reflect the Statewide Deliverables, as customized
to meet the specific needs of COUNTY. The County Deliverables, both general and as customized, are
incorporated herein by reference. COUNTY implements the County Deliverables through the County Services
Agreement. To the extent the County Deliverables are relevant to this SAVNS Maintenance contract, the
County Deliverables include, but are not limited to, the following:
C-02 County Implementation Plan
C-03 County Infrastructure
C-04 Application Interface
C-05 Customer Verification Plan
C-06 County Support Document
C-07 County Promotions Package
C-08 Production Notice
C-09 County Web Access
Maintenance Grant (12 month) Fy 10 02-23-09
Page 3 of 17
VOL 1-11 PAGE 13
3.6 Data Extract. To the extent permitted by law, COUNTY agrees to provide the OAG with a copy of
data transmitted by COUNTY to the Certified Vendor. COUNTY authorizes the Certified Vendor to directly
provide such data to the OAG. The Parties agree that this data may be used to monitor COUNTY performance
and the Certified Vendor's performance. This data may be used for such other purposes allowed by law. The
data will be provided in such electronic format (including, but not limited to, an XML extract) as requested by
the OAG.
3.7 Scope of Services. For the purpose of this contract, the requirements, duties and obligations contained
in Section 3 of this contract are collectively referred to as the "Scope of Services". As a condition of
reimbursement, COUNTY agrees to faithfully, timely and in a good-and-workman-like manner implement and
maintain the services in compliance with the Scope of Services. COUNTY shall bear full and sole
responsibility for the integrity of the fiscal and programmatic management of its SAVNS program.
SECTION 4 REQUIRED REPORTS
4.1 Required Reports; Form of Reports; Filings with OAG. COUNTY shall forward to the OAG, the
applicable reports on forms as specified by the OAG. COUNTY shall establish procedures to ensure that it
files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are
given herein, all other reports and other documents that COUNTY is required to forward to the OAG shall be
promptly forwarded. From time to time, the OAG may require additional reports or statistical information
from COUNTY.
4.2 Audit Reports and Other Documents. COUNTY shall submit to the OAG two (2) bound copies of
any and all applicable audit reports, management letters, and management responses. Such reports, letters, and
responses must be submitted on or before whichever of the following dates occurs first:
a. Thirty (30) days after the issuance of the audit report; or
b. Within nine (9) months after the end of the audited fiscal year for that COUNTY
whose fiscal year begins on or after October 1.
4.3 Cooperation. COUNTY shall cooperate fully in any social studies, fiscal or programmatic
monitoring, auditing, evaluating, and other reviews pertaining to services rendered by Certified Vendor which
may be conducted by the OAG or its designees.
SECTION 5 FINANCIAL MATTERS AND REIMBURSEMENTS
5.1 Exhibit A - Allowable Expenditure Amount. COUNTY shall immediately review the allowable
expenditures as shown on Exhibit A
5.2 Time Period and Form of Invoice. The OAG's liability to pay and the COUNTY's ability to seek
reimbursement will be in (1) time-period of up to 12-months period of time. Upon submission and approval of
the COUNTY's request for reimbursement, the COUNTY will receive up to the full amount of "Total Grant
Funds Available" as noted in Exhibit A. The payments made to COUNTY shall not exceed its actual and
allowable allocable costs to provide the services under this contract. The OAG is under no obligation to
reimburse COUNTY if supporting documentation is not provided on a timely basis.
Complete invoice submission instructions are described in the Texas VINE Program Request Procedures for
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FY 2010 Maintenance Expenses packet. The form of any invoice for reimbursement of expenses submitted
under this section must comply with such invoicing requirements and such detail and supporting
documentation that the OAG may from time to time require. The OAG may from time to time require
different or additional supporting documentation.
The COUNTY shall submit its claims for reimbursement to the OAG within twenty (20) calendar days
following the end of the month that a reimbursable expenditure was incurred. The COUNTY may submit a
make-up claim as a final close-out invoice not later than the earlier of (1) forty-five (45) calendar days after
termination; or (2) forty-five (45) calendar days after the end of a state fiscal biennium.
5.3 Reimbursable Cost; Generally Upon evidence of satisfactory compliance with the terms and
conditions of this contract, the OAG will reimburse COUNTY, subject to the limitation of liability in Exhibit
A, for such actual, reasonable and necessary amounts expended in the performance of this contract. Only
those costs allowable under applicable cost principles are eligible for reimbursement under this contract. The
COUNTY acknowledges that it is a sub-recipient of state funds and/or federal funds. Therefore, the following
cost principles, audit requirements, and administrative requirements shall apply if state funds are involved; (if
federal funds are involved, there are additional requirements and attached exhibits):
Cost Principles Administrative Requirements Audit Requirements
OMB A-87 as modified by UGMS OMB A-102 as modified by UGMS OMB A-133 as
modified by UGMS
Uniform Grant Management Uniform Grant Management Texas State Single
Standards (UGMS) pursuant to Texas Standards (UGMS) pursuant to Texas Audit Circular
Government Code Chapter 783 Government Code Chapter 783
For purposes of this contract, the COUNTY shall comply with the applicable OMB Circulars with the
following modifications: All references to "Federal Grantor Agency(ies)" shall be expanded to read "Federal
or State Grant Agency(ies)." All references to "Federal Grant Funds" or "Federal Assistance" shall be
expanded to read "Federal and State Assistance;" "Federal Law" shall be expanded to read "Federal or State
Law;" and all references to "Federal Government" shall be expanded to read "Federal or State Government,"
as applicable.
To be eligible for reimbursement under this contract, a cost must have been incurred or obligated by the
COUNTY within the applicable contract period prior to claiming reimbursement from the OAG. Costs
incurred by the last day of the applicable contract term must be liquidated no later than 30 calendar days after
the end of the applicable contract period. Before incurring any out-of-state travel expenses, the COUNTY
must obtain prior written authorization for that travel from the OAG.
If the COUNTY expends $500,000 or more in state or federal financial assistance during its fiscal year, it shall
arrange for a Single Audit of that fiscal year. The audit must be conducted by an independent auditor and must
be in accordance with the applicable government auditing standards, the Texas State Single Audit Circular and
the UGMS published by the Governor's Office of Budget and Planning. For the purposes of this contract, the
audit provisions of OMB Circular A-133 shall apply to county contracting entities. If the COUNTY is
expending less than $500,000 in total state or federal financial assistance during its fiscal year, it shall arrange
for an annual independent financial audit in accordance with generally accepted government auditing standards
of that fiscal year.
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5.4 No Supplanting. COUNTY will not supplant [use funds from this contract to replace or substitute
existing funding from other sources that also supports the activities that are the subject of this contract] but
rather shall use funds from this contract to supplement existing funds. COUNTY shall use the funds from this
contract to increase state or local funds currently available for a particular activity. COUNTY will make a
good faith effort to maintain its current level of support. COUNTY may be required to submit documentation
substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or expected
receipt of funding under this contract.
5.5 Direct Deposit. The COUNTY may make a written request to the OAG to be placed on Direct
Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization
Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas
Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit
and the OAG will discontinue providing the COUNTY with copies of reimbursement vouchers.
5.6 Excess Payments; Refund; Setoff. Payment under this contract will not foreclose the right of the
OAG to recover excessive or unallowable payments from the COUNTY. The COUNTY shall refund to the
OAG within thirty (30) calendar days from date of the OAG's request to repay the OAG any funds the
COUNTY claimed and received from the OAG for the reimbursement of costs which are subsequently
determined by the OAG to be ineligible for reimbursement.
The OAG will have the right to withhold all or part of any future payments to the COUNTY to offset any
reimbursement made to the COUNTY for any excessive or ineligible expenditures not yet refunded to the
OAG by COUNTY. The OAG may withhold reimbursement(s) from either this contract or an expired contract
between the parties with the same funding source, in amounts necessary to fulfill the repayment obligations of
the COUNTY.
5.7 Limited Pre-Reimbursement Funding to COUNTY. In lieu of the reimbursement processes
addressed above, the OAG, may, at its sole discretion, provide limited pre-reimbursement funding for
reimbursable expenses to COUNTY. This limited funding is not preferred and may be allowed upon
submission of the following written documentation supporting the request:
a. A fully executed County Services Agreement Renewal Notice with the Certified
Vendor for the time period covered by the pre-reimbursement funding request;
b. An invoice from the Certified Vendor which includes the dates covered under the
Standard Maintenance Phase;
C. A completed OAG form titled Verification of Continuing Production;
d. An invoice to the OAG that complies with the requirements of the OAG Template
Invoice; and
e. A written justification explaining the need for pre-reimbursement funding.
The COUNTY should submit an invoice to the OAG no sooner than forty-five (45) days and no later than
thirty (30) days before the COUNTY'S obligation to pay matures. The OAG will not provide pre-
reimbursement funds any sooner than thirty (30) calendar days prior to the payment becoming due and payable
under the COUNTY Service Contract.
5.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. COUNTY shall
follow UGMS or any other applicable OMB Circulars, with regard to usage of the contract funds to acquire
equipment. COUNTY shall not give any security interest, lien or otherwise encumber any item of equipment
purchased with contract funds. COUNTY shall permanently identify all equipment purchased under this
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VOLPI PAGE 7ln
contract by appropriate tags or labels affixed to the equipment and to maintain a current inventory of all
equipment or assets, which is available to the OAG at all times upon request.
COUNTY will administer a program of maintenance, repair, and protection of equipment or assets under this
contract so as to ensure the full availability and usefulness of such equipment or assets. In the event COUNTY
is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets
provided under this contract, it shall use the proceeds to repair or replace said equipment or assets.
To the extent that the OAG reimburses COUNTY for its purchase of equipment and supplies with funds from
this contract, COUNTY agrees that upon termination of the contract, title to or ownership of all such purchased
equipment and supplies, at the sole option of the OAG, shall remain with the OAG.
5.9 Grant Contract Not Entitlement or Right. COUNTY understands and agrees that reimbursement
from grant funds is not an entitlement or right and that it may not be reimbursed for such actual, reasonable
and necessary amounts and costs incurred or expenses paid unless the COUNTY strictly complies with all
terms, conditions, and provisions of this contract.
SECTION 6. OBLIGATIONS OF THE OFFICE OF THE ATTORNEY GENERAL
6.1 Reimbursable Amount and Limitation of Liability. Those provisions of this contract are contained
in the attached Exhibit A. The OAG is not obligated to reimburse expenses that are incurred prior to the
commencement of this contract or after the termination of this contract.
The parties stipulate and agree that any act, action or representation by either party, their agents or employee
that purports to increase the liability of the OAG is void, without first executing a written amendment to this
contract specifically amending this provision. The parties acknowledge and agree that nothing in this contract
will be interpreted to create an obligation or liability in excess of the funds currently stated in this contract.
6.2 Funding Limitation. The parties stipulate and agree that funding for this contract is subject to the
actual receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are sufficient to
satisfy all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if
any, as set forth in this contract or arising out of any performance pursuant to this contract. The parties further
stipulate and agree that the grant funds, if any, received from the OAG are limited by the term of each state
biennium and by specific appropriation authority to the OAG for the Purpose of this contract.
SECTION 7. SUBMISSION OF INFORMATION TO THE OAG
The OAG will designate methods for submission of information to the OAG by COUNTY. The OAG may
require submission of information via facsimile or in an electronic format, including via the internet and/or a
web-based data collection method. Unless otherwise indicated by the OAG in writing, the submission of
information to the OAG will be by hard-copy to the addresses listed as follows:
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VOL P) PAGE 77
7.1 Information, Excluding Invoices. All correspondence, reports or notices, except invoices, must be
submitted to:
Grants Management
Office of the Attorney General
Grants Administration Division, Mail Code 004
Post Office Box 12548
Austin, Texas 78711-2548
7.2 Invoices. All invoices must be submitted to:
Grants Financial Management
Office of the Attorney General
Grants Administration Division, Mail Code 004
Post Office Box 12548
Austin, Texas 78711-2548
SECTION 8. TERMINATION
8.1 Termination for Convenience. Either Party may, in its sole discretion, terminate this contract in
whole or in part, without recourse, liability or penalty, upon thirty (30) calendar days notice to other party.
8.2 Termination for Cause In the event that COUNTY fails to perform or comply with an obligation of
the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to
COUNTY, immediately terminate all or any part of this contract. Termination is not an exclusive remedy, but
will be in addition to any other rights and remedies provided in equity, by law, or under this contract.
8.3 Rights Upon Termination or Expiration. Upon termination or expiration of this contract, the OAG
will not reimburse COUNTY, if after the notice of termination or expiration of this contract, the COUNTY
thereafter receives services from the Certified Vendor.
If the COUNTY terminates for convenience under Section 8.1, or if the OAG terminates under Section 8.2
before the purpose of this contract is accomplished, then the OAG may require the COUNTY to refund all or
some of the grant funds paid under this contract.
The following terms and conditions survive the termination or expiration of this contract: Section 3.6 - Data
Extract; Section 4 - Required Reports; Sections 5.2, 5.3, 5.4, 5.6 and 5.8 - Financial Matters and
Reimbursements; Section 6 - Reimbursable Amount and Limitation of Liability; Section 9 - Records Retention
and Access; Audit Requirements; Sections 11.1, 11.2, 11.6 and 11.7 - Special Terms and Conditions, Section
12 - Construction of Contract and Amendments.
Upon the OAG request, the COUNTY shall deliver to the OAG all work product, deliverables, equipment, all
files, records, reports, data, intellectual property license or right and other documents obtained, used, prepared
or otherwise developed by COUNTY in the performance of the scope of work authorized by this contract shall
vest in the OAG, and upon request of the DAG shall be delivered to the OAG within thirty (30) business days
after expiration or termination. The OAG is granted the unrestricted right to use, copy, modify, prepare
derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems
appropriate in its sole discretion, any component of the work product or other deliverable made the subject of
this contract.
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8.4 Notice to Certified Vendor. Any termination of this contract will also be forwarded by the
terminating party to the Certified Vendor.
SECTION 9. RECORDS RETENTION AND ACCESS; AUDIT RIGHTS.
9.1 Duty to Maintain Records. COUNTY shall maintain adequate records to support its charges,
procedures, and performances to OAG for all work related to this Contract. COUNTY also shall maintain such
records as are deemed necessary by the OAG, OAG's auditor, the OAG and auditors of the State of Texas, the
United States, or such other persons or entities designated by the OAG, to ensure proper accounting for all
costs and performances related to this contract.
9.2 Records Retention COUNTY shall maintain and retain for a period of four (4) years after the
submission of the final expenditure report, or until full and final resolution of all audit or litigation matters
which arise after the expiration of the four (4) year period after the submission of the final expenditure report,
whichever time period is longer, such records as are necessary to fully disclose the extent of services provided
under this contract, including but not limited to any daily activity reports and time distribution and attendance
records, and other records that may show the basis of the charges made or performances delivered.
9.3 Audit Trails. COUNTY shall maintain appropriate audit trails to provide accountability for updates
to mission critical information, charges, procedures, and performances. Audit trails maintained by COUNTY
will, at a minimum, identify the supporting documentation prepared by COUNTY to permit an audit of the
system by tracing the activities of individuals through the system. COUNTY's automated systems must
provide the means whereby authorized personnel have the ability to audit and to verify contractually required
performances and to establish individual accountability for any action that can potentially cause access to,
generation of, or modification of confidential information. COUNTY agrees that COUNTY's failure to
maintain adequate audit trails and corresponding documentation shall create a presumption that the services or
performances were not performed.
9.4 Access. COUNTY shall grant access to and make available copies of all data extracts described in
Section 3.6, as well as all paper and electronic records, books, documents, accounting procedures, practices,
and any other items relevant to the performance of this contract and the operation and management of
COUNTY to the OAG, the State of Texas, the United States, or such other persons or entities designated by
OAG for the purposes of inspecting, auditing, or copying such items. All records, books, documents,
accounting procedures, practices, and any other items, in whatever form or media, relevant to the performance
of this contract shall be subject to examination or audit in accordance with all contract performances and
duties, all applicable state and federal laws, regulations or directives, by the OAG, the State of Texas, the
United States, or such other persons or entities designated by OAG. COUNTY will direct any contractor to
discharge COUNTY's obligations to likewise permit access to, inspection of, and reproduction of all books and
records of the subcontractor(s) that pertain to this contract.
COUNTY shall provide physical access, without prior notice, and shall direct any contractor and subcontractor
to likewise grant physical access to all program delivery sites to representatives of the State of Texas and/or
the OAG and its designees.
9.5 Location. Any audit of documents listed in Section 9.4 shall be conducted at the COUNTY's
principal place of business and/or the location(s) of the COUNTY's operations during the COUNTY's normal
business hours and at the OAG's expense. COUNTY shall provide to OAG and such auditors and inspectors
as OAG may designate in writing, on COUNTY's premises (or if the audit is being performed of a
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VOL )~I PAGE-9
subcontractor, the subcontractor's premises if necessary) space, office furnishings (including lockable
cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as
OAG or such auditors and inspectors may reasonably require to perform the audits described in this Section 9.
9.6 Reimbursement. If an audit or examination reveals that COUNTY's invoices for the audited period
are not accurate, COUNTY shall promptly reimburse OAG for the amount of any overcharge, unallowable or
excessive amount.
9.7 Reports. COUNTY shall provide to OAG periodic status reports in accordance with OAG's audit
procedures regarding COUNTY's resolution of any audit-related compliance activity for which COUNTY is
responsible.
SECTION 10. GENERAL TERMS AND CONDITIONS
10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs, UGMA, UGMS,
and Other Relevant Authorities. COUNTY agrees to comply with all applicable federal and state laws, rules
and regulations, directives, guidelines, OMB circulars, or any other authorities relevant to the performance of
COUNTY under this contract, including any authorities relating to programmatic, financial, accounting
auditing and/or funding. COUNTY agrees to comply with applicable laws, executive orders, regulations and
policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter,
783, as amended, and UGMS, as amended by revised federal circulars incorporated in UGMS by the
Governor's Budget and Planning Office. COUNTY also shall comply with all applicable federal and state
assurances and certifications contained in UGMS, Part III, State Uniform Administrative Requirements for
Grants and Cooperative Agreements, Subpart A, §14, State Assurances.
10.2 Licenses, Certifications and other Authorizations. COUNTY agrees that it has obtained all
licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and
currently is in good standing with all regulatory agencies that regulate any or all aspects of COUNTY's
business or operations. COUNTY agrees to comply with all applicable licenses, legal certifications,
inspections, and any other applicable local ordinance, state, or federal laws.
10.3 Certifications and Assurances. Exhibit B, attached hereto and incorporated herein, and is applicable
to this contract. COUNTY agrees to strictly comply with the requirements and obligation described in Exhibit
B.
10.4 Conflicts of Interest; Disclosure of Conflicts. COUNTY has not given, offered to give, nor intends
to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation
of this contract or in connection with this contract, except as allowed under relevant state or federal law.
COUNTY will establish safeguards to prohibit its employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.
COUNTY will operate with complete independence and objectivity without actual, potential or apparent
conflict of interest with respect to their performance under this contract. COUNTY must disclose, in writing,
within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to their
performance under this contract.
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VOL 1 a l PAGE 80
SECTION II SPECIAL TERMS AND CONDITIONS
11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. COUNTY expressly
agrees that it is an independent contractor and under no circumstances shall any owners, incorporators,
officers, directors, employees, or volunteers of COUNTY be considered a state employee, agent, servant, joint
venturer, joint enterpriser or partner of the OAG or the State of Texas. COUNTY agrees to take such steps as
may be necessary to ensure that each contractor of COUNTY will be deemed to be an independent contractor
and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of
OAG.
All persons furnished, used, retained, or hired by or on behalf of COUNTY or any of their contractors shall be
considered to be solely the employees or agents of COUNTY or the contractors. COUNTY shall be
responsible for ensuring that there is payment of any and all appropriate payments, such as unemployment,
workers compensation, social security, any benefit available to a state employee as a state employee, and other
payroll taxes for such persons, including any related assessments or contributions required by law.
To the extent allowed by law, COUNTY or contractors are responsible for all types of claims whatsoever due
to the actions or performance under this contract, including, but not limited to, the use of automobiles or other
transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties
and COUNTY and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from
and against any and all claims arising out of their actions or performance under this contract. To the extent
allowed by law, COUNTY agrees to indemnify and hold harmless the OAG and/or the State of Texas from any
and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise
from or are occasioned by the negligence, misconduct, or wrongful act or omission of the COUNTY, its
employees, representatives, agents, or subcontractors in their performance under this contract.
11.2 Publicity; Intellectual Property. It is expressly agreed that COUNTY may not name the OAG in
general or the Attorney General of the State of Texas specifically, in any publication, promotion, marketing,
media release, public service announcement, or any other type of communication by COUNTY (nor may
COUNTY authorize anyone else to do so), without the express written consent of the OAG.
COUNTY understands and agrees that where funds obtained under this contract may be used to produce
original books, manuals, films, or other original material and intellectual property, COUNTY may copyright
such material subject to the royalty-free, non-exclusive, and irrevocable license which is hereby reserved by
the OAG and COUNTY hereby grants to the OAG or the state (or federal government, if federal funds are
expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare
derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems
appropriate in its sole discretion, any component of such intellectual property made the subject of this contract.
11.3 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation
for or receipt of funds of any type by COUNTY is for the sole benefit of COUNTY and is not a solicitation for
or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas.
11.4 No Subcontracting or Assignment Without Prior Written Approval of OAG. COUNTY may not
subcontract or assign any of its rights or duties under this contract without the prior written approval of the
OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment.
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VOL Ia I PAGE S
11.5 No Grants to Certain Organizations. Consistent with the OAG's Appropriation, Rider 12, in H.B.
No. 1, Article 1, Strategy C.1.2, Victims Assistance, 80th Leg. Reg. Sess. (2007), COUNTY confirms that by
executing this contract that it does not make contributions to campaigns for elective office or endorse
candidates.
11.6 No Waiver of Sovereign Immunity. To the extent allowed by law, the Parties agree that no provision
of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any
immunities from suit or from liability that the OAG or the State of Texas may have by operation of law.
11.7 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract
and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without
regard to any otherwise applicable conflict of law rules or requirements.
Except where state law establishes mandatory venue, and to the extent allowed by law, COUNTY agrees that
any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to
this contract shall be commenced exclusively in the Travis County District Court or the United States District
Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and
unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or
defending such litigation. To the extent allowed by law, COUNTY hereby waives and agrees not to assert by
way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that COUNTY is not
personally subject to the jurisdiction of the above-named courts, the suit, action or proceeding is brought in an
inconvenient forum and/or the venue is improper.
SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to
this contract. To the extent the terms and conditions of this contract do not address a particular circumstance
or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the
general objectives, expectations and purposes of this contract.
12.2 Entire Agreement, including Exhibits A and B and Incorporated Documents. This contract,
including Exhibits A and B, and any other documents incorporated by reference, reflects the entire agreement
between the Parties with respect to the subject matter therein described, and there are no other representations
(verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative
to such subject matter. Exhibit A and B are attached and incorporated herein. By executing this contract,
COUNTY agrees to strictly comply with the requirements and obligations of this contract, including Exhibits
A and B and any other documents incorporated by reference.
12.3 Amendment. This contract shall not be modified or amended in any way except in writing, signed by
an authorized person of the Parties for that express purpose. Any properly executed modifications or
amendments of this contract shall be binding upon the Parties and it presumed to be supported by adequate
consideration. Any attempted modification or amendment of this contract that does not comply with this
Section will be deemed voidable at the sole option of the OAG.
12.4 Partial Invalidity; Non-waiver. If any term or provision of this contract is found to be illegal or
unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The
illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been
incorporated herein, but all other provisions shall continue in full force and effect. The failure of any Party to
Maintenance Grant (12 month) Fy 10 02-23-09
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VOLJ a II PAGE Sa
insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of
such failure, shall not be a waiver of that party's right to demand strict compliance in the future. No consent or
waiver, express or implied, to or of any breach or default in the performance of any obligation under this
contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or
any other obligation of this contract.
12.5 Counterparts. This contract may be executed in one or more counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
12.6. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing
and performing this contract only in their official capacity.
Office of the Attorney General of Texas BrazossCC nty, as
Attorney General or designee Judge Ra y Sims
2arc(v t ~ htis
Printed Name Printed Na eI
Date: Date: 5~I2(Uq
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VOL Idl PAGE 83
EXHIBIT A
SAVNS MAINTENANCE GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND BRAZOS COUNTY
FOR THE STATE FISCAL YEAR 2010
OAG Contract No. 1011741
Population Size: Large
The OAG will reimburse COUNTY for allowable SAVNS expenditures as follows:
Maximum Total Grant Funds
Event Cost for Jail Cost for Courts Number of Available
Months
Standard
Maintenance $25,817 $ 4,291 12 $30,108
Phase
Service Period (Term). The Service Period (Term) of this contract is stated in Section 2.1 of the Contract.
The maximum number of months is provided above. If this contract does not commence before September 1,
2009, then the portion of any partial month thereafter will be a prorated amount of the monthly amount as
determined by the OAG. The OAG is not obligated to pay for services prior to the commencement or after the
termination of this contract.
Limitation of Liability of the OAG. The parties stipulate and agree that the total liability of the OAG to
COUNTY for any type of liability directly or indirectly arising out of this contract and in consideration of
COUNTY'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability,
and for reimbursement by the OAG to the COUNTY for expenses, if any, as set forth in this contract or arising
out of any performance herein shall not exceed:.
THIRTY THOUSAND ONE HUNDRED EIGHT and NO/I00 ($30,108)
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VOL lal PACE 24
EXHIBIT B
SAVNS MAINTENANCE GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND BRAZOS COUNTY
FOR THE STATE FISCAL YEAR 2010
OAG Contract No. 1011741
The Uniform Grant Management Standards ("UGMS"), Part 111, Section .14;
Promulgated by the Office of the Governor, State of Texas,
Establish the following assurances applicable to recipients of state grant funds:
(1) COUNTY must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no
officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or
confirm the employment of any person related within the second degree of affinity or the third degree of
consanguinity to any member of the governing body or to any other officer or employee authorized to employ
or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been
continuously employed for a period of two years, or such other period stipulated by local law, prior to the
election or appointment of the officer, employee, or governing body member related to such person in the
prohibited degree.
(2) COUNTY must insure that all information collected, assembled or maintained by the applicant relative to
a project will be available to the public during normal business hours in compliance with Texas Government
Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law.
(3) COUNTY must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all
regular, special or called meeting of governmental bodies to be open to the public, except as otherwise
provided by law or specifically permitted in the Texas Constitution.
(4) COUNTY must comply with Section 231.006, Texas Family Code, which prohibits payments to a person
who is in arrears on child support payments.
(5) No health and human services agency or public safety or law enforcement agency may contract with or
issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or
certificate has been revoked by another health and human services agency or public safety or law enforcement
agency.
(6) COUNTY that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in
compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and
Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a
certification from the Texas Commission on Law Enforcement Officer Standards and Education that the
agency is in the process of achieving compliance with such rules.
(7) When incorporated into a grant award or contract, the standard assurances become terms or conditions for
receipt of grant funds. COUNTY shall maintain an appropriate contract administration system to insure that
all terms, conditions, and specifications are met.
Maintenance Grant (12 month) Fy 10 02-23-09
Page 15 of 17
VOLP/ PAGE $5
8) COUNTY must comply with the Texas Family Code, Section 261.101 which requires reporting of all
suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child
Protective and Regulatory Services. COUNTY shall also ensure that all program personnel are properly
trained and aware of this requirement.
(9) COUNTY will comply with all federal statutes relating to nondiscrimination. These include, but are not
limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of
1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age
Discrimination Act of 1974, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the
basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being
made; and 6) the requirements of any other nondiscrimination statute(s) which may apply to the application.
(10) COUNTY, as applicable, will comply, with the provisions of the Davis-Bacon Act (40 U.S.C. § § 276a to
276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction sub
agreements.
(11) COUNTY, as applicable, will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted
programs. These requirements apply to all interests in real property acquired for project purposes regardless of
Federal participation in purchases.
(12) COUNTY will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which
limit the political activity of employees whose principal employment activities are funded in whole or in part
with Federal funds.
(13) COUNTY will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act and the Intergovernmental Personnel Act of 1970, as applicable.
(14) COUNTY, as applicable, will insure that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's
(EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in
the project is under consideration for listing by the EPA. (EO 11738).
(15) COUNTY, as applicable, will comply with the flood insurance purchase requirements of 102(a) of the
Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102 (a) requires the purchase of flood
Maintenance Grant (12 month) Fy 10 02-23-09
Page 16 of 17
VOL IaI PAIGE VP
insurance in communities where such insurance is available as a condition for the receipt of any Federal
financial assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
(16) COUNTY, as applicable, will comply with environmental standards which may be prescribed pursuant to
the following: (a) institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities
pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the
Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of
drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).
(17) COUNTY, as applicable, will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271
et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
(18) COUNTY, as applicable, will assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
469a-1 et seq.).
(19) COUNTY, as applicable, will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this award of assistance.
(20) COUNTY, as applicable, will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential
structures.
(21) COUNTY, as applicable, will comply with Public Law 103-277, also known as the Pro-Children Act of
1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of
services for children as defined by the Act.
(22) COUNTY, as applicable, will comply with all federal tax laws and are solely responsible for filing all
required state and federal tax forms.
(23) COUNTY, as applicable, will comply with all applicable requirements of all other federal and state laws,
executive orders, regulations and policies governing this program.
(24) COUNTY, as a signatory party to the grant contract, must certify that they are not debarred or suspended
or otherwise excluded from or ineligible for participation in federal assistance programs.
(25) COUNTY must adopt and implement applicable provisions of the model HIV/AIDS work place
guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec.
85.001, et seq.
Maintenance Grant (12 month) Fy 10 02-23-09
Page 17 of 17
VOL Ial PAGE $7
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Randy Sims, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in the Revised Statutes of the State of Texas. (Texas Local Government Code,
114.026)
Witness my hand this day of MQ U-
//(AAAAA(~~tt A.D. 2009
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this I X.- day of
Ma ~j 2oo9.
Randy
Sims, o/unity Judge
Lloyd W sermann, Commissioner Precinct #1
Duane Peters, Commissioner Precinct #2
ab. ccp f-
Kenny Mallard, Commissioner Precinct #3
GIO~e n f--
Carey Cauley, Commissioner Precinct #4
Treasurer's Report for the MONTH of MARCH 2009
AND THE QTR ENDING 3/31/09
VOLIal PAGE 9?
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: MaY 12, 2009
ITEM: Request from Anthony L. Jones to construct a 4 inch Force Main in the right of way of
Walnut Road and Dowling Road; Force Main will be owned and maintained by the City of College
Station. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
PRESENTATION: Installation will include 5 road bores; entire length will be 7,455 LF of
which only 7,002 LF will be in county right of way.
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope.
2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to
do so and to remove all cleared brush, trees etc, from county right-of-way.
4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be
conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to
the office of the Brazos County Engineer.
5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Highways, published by the Texas Department of Transportation, and all other
State and Federal laws governing utility construction.
SUBMITTED BY: APPROVED BY:
r /
Richard F. Vance, P.E. Commis 'over Lloyd Wassermann
County Engineer Precinct 1
CC2009-025
This Request is Approved 0 //Denied ❑ by Commissioners' Court
Date:
Randy Sig s, County Judge
VOLP/
Pace 9~.
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY ADMINISTRATION
BRYAN, TEXAS 77803
Formal notice is hereby given that (applicant) Anthony L. Jones proposes to place
a (type) 4" ForceMain within x across- the right-of-way of (road) Walnut Rd. & Dowling Rd
in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3 copies of the
drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning of construction in
order that he, or his designated inspector, may inspect the actual installation;
2. All damage to the roadways and rights-of-way will be repaired to their original condition
to the satisfaction of the County Engineer;
3. Brazos County reserves the right to require Applicant to relocate or lower any such line
at no cost to Brazos County, should same become necessary due to widening or
lowering, or other alteration of the roadway or right-of-way;
4. Brazos County will in no way be responsible for any damage which might occur to any
existing utility lines in the right-of-way;
5. The line will be constructed and maintained on the County right-of-way in accordance
with the Utility Accommodation Policy which was adopted by the Texas Department of
Transportation on May 29, 1989;
6. The line or lines will be constructed no less than twenty-four inches (24") lower than the
lowest part of the drainage or bar ditch and the drainage is to be considered at least two
feet (2') below the center of the roadway;
7. All sites will be barricaded during the construction period.
Construction of this line will begin on or after the 1 day of June 2009.
Firm:
By: Anthony L. Jones
Title:
Address: 1401 Sebesta Road
College Station, Texas 77845
Phone: 979-693-6699
APPROVED BY COMMISSIONERS' COURT:
Date
Randy Sims, oun dge
Brazos C ty, Texas ia2rzoca -V` l~ J
Vol. pg 9~ ~
Aggie Acres - 4" Force Main
Subject: Aggie Acres - 4" Force Main
From: "Meredith Middleton" <Meredith@cdlbcs.com>
Date: Tue, 5 May 2009 10:34:10 -0500
To: <gamold@co.brazos.tx.us>
CC: "Kent Laza" <KLaza@CDLBCS.com>
Gary,
The entire length of the 4" Force Main that will run along Walnut Road and Dowling Road will be 7,455 LF. Of
that length, 7,002 LF will be in the county Right-Of-Way. The Force Main will be owned and maintained by the
City of College Station.
Construction of the line will require 5 bores, totaling 160 LF, which will be as follows:
2 - 30' Bores under Dowling Road
1- 30' Bore under Dan Williams Lane
1-40' Bore under Ashley Lane
1- 30' Bore under Walnut Road
The driveways impacted by the construction will be open cut and repaired with the same or better materials
than the existing.
If you need any other information, please let us know.
Thank you,
Meredith Carriker, E.I.T
Civil Development, Ltd.
2033 Harvey Mitchell Parkway South
College Station, Texas 77840
(979) 764-7743
(979) 764-7759 - Fax
Vol. Z Pg. 9 3
1 of 1 5/5/2009 10:34 AM
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VOL_)o2,(_PAGE