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HomeMy WebLinkAbout2009-07-28-9:00AM-REGULAR ~ Pry E. op C3 W tt i7 of; nO 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 28 JULY 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 Wassermann. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 20: 3. Budget Amendment 08/09 - 43.1 thru 43.12. 4. Personnel Change of Status. 5. Payment of Claims. 6. Order Relocating Polling Place for Election Precincts 52/16. Orden para Trasladar el Sitio de Votaci6n por Precintos de Elecciones 52116. 7. Resolution 09-009 extending support for a Brazos Valley Regional Fiber Optics Network and funding through the American Recovery and Reinvestment Act. 8. Resolution 09-010 approving submission of the grant application for the Brazos County Sheriffs Office Technology Enhancement Project to the Office of the Governor, Criminal Justice Division. Office of the County Judge • 200 South Texas Ave. . Suite 332 . Bryan, Texas 77803 • Fax: (979) 361-4503 V0 Q013-PAGE 158 Commissioners Court Agenda 28 July 2009 Page 2 9. Order 09-010 terminating the state of disaster as established by Proclamation 09-021 and extended by Order 09-009. 10. Cancellation of the current burn ban, as established by Brazos County Order 09-008. 11. Service Provider Agreement with Leslie Blizzard, Licensed Professional Counselor, for court ordered psychological sexual evaluations of juveniles that have been referred to the Juvenile Court; term of agreement is 9/01/2009 through 8/31/2010. 12. Contract for Juvenile Residential Services with the Victoria County Juvenile Board; term of agreement is 9/01/2009 through 8/31/2010. 13. Master Contract with Patrick Gendron and Lane Thibodeaux for legal representation of eligible indigent juveniles; term of contract is 10/01/2009 through 9/30/2010. 14. Request from Building Maintenance to change radio service from Nextel to Verizon for better coverage and rates, effective 29 July 2009. 15. FY09 notice of sub-recipient grant award for the Emergency Management Performance Grant (EMPG) of the Governor's Division of Emergency Management (Grant #09TX- EMPG-1440). 16. Tax Refund Applications for the following: a. FALSO Solutions 1. Elido R. Bottino b. Lowell A. & Janet G. Johnson m. Mary Hazel Watson c. Explorer Travel Trailer Rentals n. Phi-Ton Investments d. Ali Mansoor & Rehana o. Steven A. Bailey e. Earl Henry Littleton p. Bill & Joyce Baker f Rev. Ural & Johnnie Green q. The Lamar Companies g. Citifinancial r. Hugh W. Lindsay, Attorney h. Alma Harris Littleton s. Schieffer Corp. i. Ameristar Title Co. t. Pepsi-Cola Bottling Group j. Garrett Engineering u. Emma Salvaggio (2) k. Washington Mutual 17. Permission to award Bid 2009-36, Restore, Scan and Reproduce Record Books, to ACS in two phases, with the second phase to be contingent upon available funds. 18. Permission to award Bid 2009-46, Eight Station Shower Trailers, to Comforts of Home. 19. Capital Requisition #00025060 in the amount of $9,638.08 to Wilton's Office Works for furniture to be used in the training room at Juvenile Services. 20. Acceptance of a Special Warranty Deed from Nora Jean Payne for improvements to Dilly Shaw Tap Road located in Precinct 2. y (a3 PAGE 167 Commissioners Court Agenda 28 July 2009 Page 3 21. Announcement of interest items and possible future agenda topics. 22. Call for citizen input and/or concerns. 23. Agency / Board / Committee reports by Court members. 24. Adjourn PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property 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. V0L JR3'AGE `16o COMMISSIONERS' COURT REGULAR MEETING JULY 28, 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, July 28, 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; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Commissioner Wassermann gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment 408/09-43.1 through 43.12 that would reallocate funds for the Brazos Center (2), Juvenile Services (3),Sheriff's Office-Jail, Justice of the Peace Technology Fund JP 2-1, JP 3, JP 4; and transfer funds from Contingency to General Capital Vol l a3 Page - lPl Commissioners Court meeting July 28, 2009 2 Improvements, Sheriff's Office-Jail Division. 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 Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7064338 through 7064636 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of an Order Relocating Polling Place for Election Precincts 52/16. The polling place for Election Precincts 52/16 is located in the Brazos County Courthouse, 300 East 26th Street, Bryan, Texas 77803. Because of construction and renovation of the Courthouse building the Commissioners Court wished that it be moved for the convenience of the voters. It is recommended that Election Precincts 52/16 be moved to the Brazos County Vol la3 Page I6a Commissioners Court meeting July 28, 2009 3 Administration Building, 200 South Texas Avenue, Bryan, Texas. On motion by The County Judge, seconded by Commissioner Peters, the Court voted unanimously to move the polling place for precincts 52/16 and that it be located in the Brazos County Administration Building, 200 South Texas Avenue, Bryan, Texas and that submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting pre-clearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. A copy is attached. The next matter before the Court was consideration of Resolution 09-009 extending support for a Brazos Valley Regional Fiber Optics Network and funding through the American Recovery and Reinvestment Act. The Brazos Valley Council of Governments (BVCOG) seeks funding through the Department of Agriculture's Rural Utilities Service (RUS) and Department of Commerce's National Telecommunications and Information Administration (NTIA) to facilitate broadband deployment in rural, un-served, and/or underserved areas in the Brazos Valley. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt Resolution #09-009 supporting the BVCOG in its August 14, 2009 application. Vol 1 a3 Page /63 Commissioners Court meeting July 28, 2009 4 The Court next considered Resolution 09-010 approving submission of the grant application for the Brazos County Sheriff's Office Technology Enhancement Project to the Office of the Governor, Criminal Justice Division. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt Resolution #09-009 authorizing the submission of a grant application to the Office of the Governor, Criminal Justice Division, for the Brazos County Sheriff's Office Technology Enhancement Project and to authorize the Sheriff to accept such grant funds should they be tendered. The next matter before the Court was consideration of Order 09-010 terminating the state of disaster as established by Proclamation 09-021 and extended by Order 09-009. Michele Meade, Assistant Emergency Management Coordinator asked the Court to not terminate Order 09-009 until the drought ends. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to reject Order 09-010 terminating the state of disaster as established by Order 09- 021 and extended by Order 09-009. The Court next considered cancellation of the current burn ban as established by Brazos County Order 09-008. On motion by Commissioner Cauley, seconded by Commissioner Vol la3 Page 1&4 Commissioners Court meeting July 28, 2009 5 Peters, the Court voted unanimously to reject the cancellation of the current burn ban. The next matter before the Court was consideration of a Service Provider agreement with Leslie Blizzard, Licensed Professional Counselor for court ordered psychological sexual evaluations of juveniles that have been referred to the Juvenile Court. Cost to Brazos County will be $350.00 for each completed evaluation. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the agreement and authorized the County Judge to execute the document. A copy is attached. The Court next considered a contract with the Victoria County Juvenile Board to provide program components, room, board, supervision and 24 hour care per day to those juveniles accepted by the facility. Cost to the County will be as follows: $95.00 per day/per juvenile in the detention program $127.00 per day/per pregnant juvenile $95.00 per day/per juvenile in residential program On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the agreement and authorized the County Judge to execute the document. A copy is attached. Vol [ A3 Page 1t _ Commissioners Court meeting July 28, 2009 6 The next matter for consideration was the Master Contract for Legal Representation of Eligible Indigent Juveniles between Brazos County and Patrick Gendron and Lane Thibodeaux. On motion by The County Judge, seconded by Commissioner Mallard, the Court voted unanimously to table consideration to allow the Purchasing Department time to review the contract. The Court next considered a request from the Building Maintenance Department to change radio service from Nextel to Verizon Wireless in order to receive better coverage and rates. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request to change radio service. The next matter before the Court was consideration of the Notice of Sub-Recipient Grant award for the F09 Emergency Management Performance Grant (EMPG) of the Governor's Division of Emergency Management. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to acknowledged receipt of the notice and authorized the County Judge to accept the funding. A copy is attached. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. FALSOS Solutions, over payment $968.92 b. Lowell A. & Janet G. Johnson, over payment $456.36 Vol I oI3 Page 1( ( Commissioners Court meeting July 28, 2009 7 C. Explorer Travel Trailer Rentals, over payment $48.01 d. Ali Mansoor & Rehana, over payment $281.45 e. Earl Henry Littleton (2), over payment $10.30, $11.69 f. Rev. Ural & Johnnie Green, over payment $57.75 g. Citifinancial, over payment $38.60 h. Ameristar Title Co., over payment $266.05 i. Garrett Engineering, over payment $413.19 j. Washington Mutual, over payment $4,044.29 k. Elida R. Bottino, over payment $10.00 1. Mary Hazel Watson, over payment $430.33 m. Phi-Ton Investments, over payment $547.86 n. Steven A. Bailey, over payment $150.00 o. Bill & Joyce Baker, over payment $134.24 p. The Lamar Companies, over payment $150.69 q. Hugh W. Lindsay, Attorney, over payment $6.38 r. Schieffer Corp., over payment $2,299.14 s. Pepsi Cola Bottling Group, over payment $50.00 t. Charles Salvaggio (2), over payment $86.97,$34.56 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered awarding Bid 2009-36, Restore, Scan, & Reproduce Record Books. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bid submitted by ACS. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract toe ACS. A copy of the bid tabulation is attached. The next matter for consideration was Bid No. 2009-46, Eight Station Shower Trailer. Pat Howard, Purchasing Agent, recommended approval of the bid submitted by Comforts of Home. Mike Paulus from the Health Department updated the Court on Vol 1 U, Page j O Commissioners Court meeting July 28, 2009 8 the status of the grant and said that the purchase will be completely covered by a grant that was previously approved. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded the bid to Comforts of Home. A copy of the bid tabulation is attached is attached. The next matter before the Court was consideration of requisition no. 00025060 in the amount of $9,638.08 to Wilton's Office Works for furniture for the Brazos County Juvenile Services Department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Dilly Shaw Tap Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Norma Jean Payne for the expansion and improvements to Dilly Shaw Tap Road. There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concern. Vol 1 a3 Page 10 Commissioners Court meeting July 28, 2009 9 Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He attended a meeting in Austin on Texas 21 and High Speed Rail. He met with legislators. There being no further business to come before the Court, the meeting was adjourned. Vol P-3 Page = l~9 The foregoing minutes of the Commissioners Court meeting held July 28, 2009 have been examined and are approved in open Court this the day of 2009, in Bryan, Brazos County, Texas. ;~ilL ~cl~ Randy Si Lloyd assermann County udge Commissioner, Precinct 1 Duane Peters Kenny Mall Commissioner, Precinct 2 Commissione Precinct 3 4 P" , i Irma Cauley Commissioner, Prec n t 4 Attest: C aren McQueen County Clerk Vol ~'I A3 ` Page 7a BRAZOS COUNTY COMMISSIONERS COURT Meeting on , 2009 @ 9: ray) ^ Ix Name Organization / Department ~O Q~~ Ad,( PAGE I of a 1.21 BRAZOS COUNTY COMMISSIONERS COURT Meeting on ~J d , 2008 @ Name Organization / Department 42 OM? C,., L ~ ' LO INS 2vS tvols C~~.-lP 6eo.re., Il S PAGE of von. ~d~► Pi:~i: 17 ~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 43.1 thru 43.12 On this the 28 s day of July 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 28 July 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 28's day of July 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Rand Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes tOL /613 FkGE `l ~3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 43.1 7/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 59100000 CR DDEA 4,976.95 0100 36500100 65050000 CR Building Maintenance 1,804.00 0100 36500100 60360000 DR Furniture 6,780.95 Brazos Center To reallocate funds to allow for the purchase of new added banquet chairs for the auditorium room at the Brazos Center. :xr N~„s ~x •x-.m.. "s~`k."w.k~'r,~~ ttti s ~Ny.'s bra x SDepartrnent , _p'roval DaM i k;i 1j: Date'7/22/2009 MM. `County` i dge" pprovaN~ 6 -:gg, €Date ~W' 4 ,.,{,~ux airkiin d y >"a s 4yy. *`5* ia+ Xt{y.YS.,r Y c. Vol BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 43.2 7/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000100 61240000 CR Drug Testing 400.00 0100 31000100 67281000 CR Equipment - Electronic 880.00 0100 31000100 60500000 DR Office Equipment 1,280.00 Juvenile Services To reallocate funds to allow for the purchase of 6 handheld raidos to be used at the Juvenile Dentention Center. ,r ,lxp Department.A ioval to wror_Datei :.Y.n* .:.z.-.c.. Date,~~~.".~~7/2212009 T' r CF. si x' r 1T ~ v! nim r~»:F.. ,~.,,3m.,s3au','~.~..r_....._r:~..J•"~..'2:'G~ .~..:.`~.rw'7di~d iress✓~.h-+ vot`1a3~.OE 17-5 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 43.3 7/28/2009 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 31000100 61470000 CR Prescriptions 3,000.00 0100 31000100 67610000 DR Parkin Lot 3,000.00 Juvenile Services To reallocate funds to allow for the or chase of avel in order to create additional parking spaces for the portable buildin s. s r=^-zele "-nT~y'T `y '~r•4ri,, E~ ^'ti 477 TVT. i r'i'1zC. r S' '2 u z De artment A, L cs:« ,s DatC,.., 1. _s.:vax Prepared By Fy f ifj f ~ Qate, " ' ,a",' ;7/2?12009:, g Tye. c,,~=5s r~,T.y.~C y M „mil s 1'~4 } =f, ,County;+lud a ppr r 4 art lip 0 ~~CI/ /d.~P AGE `~7~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 43.4 7128/2009 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease 0100 28002000 59100000 CR DDEA 660.00 0100 28002000 67203000 DR Minor Computer Hardware 660.00 Sheriff Office: Jail To reallocate funds to allow for the put hase of a com uter in the Jail Division. n'F y. -+f ""3r t ~ a x+: De artment,A royal `"'dt ~'"c~4..?.<l9:l~z~~'a~ D2fe ..^yr- ~ t~~~;k P epared By ~ -V fi~W s!x Mfg Date , 7/22/2009; _ County J_ ge- pprova T Date 117-7 VOL o13. AGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 43.5 7/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000100 59100000 CR DDEA 12,000.00 0100 31000100 65400000 DR Ground Maintenance 12,000.00 Juvenile Services To reallocate funds to allow for the sealin and striping of the parking lots at the Juvenile Detention facility at the recommendation of the Road and Bridge epartment. a': 5i YF ? a "T-'"` Z a ~e aCrtmentA Cf.- k € a. ru fik -v:+ ~4 k<,y P P 1%57 aW~ P aa~ PeparedPBy s~ r t/' Date. x:! 7122/2009< Coun.),Ju aApproval ~R 9-XDate to BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 43.6 7/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 15,000.00 0100 36500100 61880000 DR Utilities 15,000.00 Brazos Center To reallocate funds to allow for additional funds needed for utilities at the Brazos Center to finish out the fiscal year. ON-A K z.,•+..-r d-: cad Deparf~" ntAppro P v. t xC`,,, .,,~-n • D to `ir, r,.~< P~rrepared;,By naf s 22/2 009,_t,1 _ ,rate 'F" sd: } .7j~ *C _y°',e u^c.v cpa a7 wy"~" 'ago tCo-w ty lu a ApprovalR P-""'T- ` xDateK rk `t ear F}h tk rk,« V©L~a3'-AGE ~79 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 43.7 7/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 13,725.00 0100 91110000 DR Transfer to Capital Improvement Fund 13,725.00 4500 49028000 CR Transfer fin General Fund 13,725.00 4500 63000500 80710000 DR R ht Of Wa - Ac uisiton 13,725.00 General Fund Contingency and General Capital Improvements To reallocate funds to allow for the supplemental payment right of way acquisition and utility adjustments in connection with a contractual agreement dated 8/25/1998 for the widening of FM 1179 to State Hi hwa 6. This a ment was approved b Commissioners Court on Jul 21, 2009 item # 14. Sf lw ✓ `c 1 ni 5 srf;c; ,4 c hn .4 ~F s 2 -~+z..,r yDepartm nVAPPS a~, z..~.,.- ' Mby. " illy' P;FePare ~ t ~Date `~x.G'r 'i~ k, a z . ...n CountYJu eApproval4 Date1" r.. k ~`rFt yes -EPx °Pit,hr -A~__f5r ~PNOW- S, . y 'w ^OLO VOL1 a 5 7PASE_/So BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 43.8 7/28/2009 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 2400 24005210 61110000 CR Conference & Seminars 738.00 2400 24005210 61801000 CR Travel 1,500.00 2400 24005210 67281000 DR Equipment - Electronic 2,238.00 Justice of the Peace Technology Fund: JP Pct. # 2.1 Hoo e To reallocate funds to the proper accounts to allow for the purchase of a conference hone and two scanners. ``s3~" 7'7-yf L~ -53 r -Ea'--3 a i~-~T[a --.s4rt1}.e-. ""'W' De arfinentQ al} oy n<74Datexa~ ~1 Prepared~By a ifjDate" w°7/23120091, z tq..y'~"7. C y r s "2 G,~~'' J. a ".''7 "&au' t 'fie rte !SF CountyJu e1A0 provals~°fi~Da4ed aY. ,n.~ ?rte lmla 1€~8 aL3s 197 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 43.9 7/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2400 24005220 61110000 CR Conference & Seminars 1,495.00 2400 24005220 61130000 CR Contingency 1,868.00 2400 24005220 61801000 CR Travel 33.00 2400 24005220 67281000 DR Equipment - Electronic 1,838.00 2400 24005220 67670000 DR Printers 820.00 2400 24005220 60500000 DR Office Equipment 738.00 Justice of the Peace Technology Fund: JP Pet. # 2.2 Munoz To reallocate funds to the proper accounts to allow for the purchase of headsets, color laser jet rinters (2 and two scanners. ..fin. I 4., r. t1 ~tA s~ nesa S- Ss'TfQ ;1t-i`'t ~F M 3 De wartment'A, als€.gate,w Ca t P._. _x..PP„„, "la PreparediBy ~y xfj IDate wi' 7,12312009; CountygJud App ovalFF~wt~Date£~, `gam aF.M.-Nr ,.+x yAStrFtT~o.5ry`~}- r-~ y Mr VOL/ d9A BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 43.10 7/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2400 24005300 61110000 CR Conference & Seminars 2,000.00 2400 24005300 61801000 CR Travel 1,786.00 2400 24005300 67281000 DR Equipment - Electronic 3,048.00 2400 24005300 60500000 DR Office Equipment 738.00 Justice of the Peace Technology Fund: JP Pct. # 3 Bo ett To reallocate funds to the proper accounts to allow for the urchase of headsets (3), three scanners and a di ital fax machine. $ z N EWE' Py 'g al_mr~s` r.Date. bPreparedxB IF 7123/20Q9^ FOP County J ge Approval y ~ Date r " vt'0~ J VOL, 18? BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 43.11 7/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2400 24005000 80720000 CR Security 682.00 2400 24005400 80720000 CR Security 4,000.00 2400 24005400 67670000 DR Printers 1,142.00 2400 24005400 67281000 DR Equipment - Electronic 3,048.00 2400 24005400 60500000 DR Office Equipment 492.00 Justice of the Peace Technolo Fund and JP Pct. # 4 Batchelor To reallocate funds to the proper accounts to allow for the purchase of headsets 3), three scanners and a digital fax machine. Transferin $682 from the general Justice of the Peace Technology Fund to JP Pct #4's Division to allow for the urchase of equipment needs as discussed during budget hearin s on Jul 23, 2009. y-.` ~E.. J4. 7 ~7 s rJ. FIRMS OP Az ~s • -1 Department Apps _ al_ s `+t Dates m' PYpaxBy jig ~n F`7123%2009a ,CountyFJ ge Approval~* ',n $Date so, S5 a'tA':.~u. T nr- . "i parr 7 ~~~,~a3 anct_ j~~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 43.12 7/28/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 40,000.00 0100 28002000 71050000 DR Contract Inmate Housing 40,000.00 General Fund Contingency & Sheriff Office: Jail Division To reallocate funds to allow for the housing of inmates out of county. This allows fora roximatel 30 days of inmate housing. .I.,ysDepart ,Fn Appr`"valt ate G ~k crvy w Dat P~eparee ss' 7/23/2009 Y....... ~'meYla :sNDw"... 106untwi ge Ap' val yt p Date ~ LJs•P3 in..~. / V✓ PERSONNEL 1 CHANGE OF STATUS REQUESTS Commissioner Court Date: July 28, 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 Attorney Munoz, Margaret Resignation Exposition Complex Patranella, Kevin New Hire Juvenile Services- Detention Benavidez, Martha Promotion Road and Bridge Cuevas, Edward New Hire Herrera, Reynaldo Resignation Approved in Commissioners' Court: July 28,2009: ` County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) sgo / 0 VO ~aZ Pa GE `S~ ORDER RELOCATING POLLING PLACE FOR ELECTION PRECINCTS 52/16 WHEREAS, there exists at the present time a certain polling place which can not be used for the purpose of conducting elections; and WHEREAS, the polling place for Election Precincts 52/16 is currently located in the Brazos County Courthouse, 300 E 26`h St, Bryan, Texas; and WHEREAS, it is recommended that the polling place for Election Precincts 52/16 currently located at the Brazos County Courthouse, 300 East 26`h Street, Bryan, Texas, be moved because of construction and renovations of the Brazos County Courthouse building; and WHEREAS, for the convenience of the voters it is recommended that Election Precincts 52/16 be moved to the Brazos County Administration Building located at 200 South Texas Avenue, Bryan, Texas: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to chapter 43 of the Texas Election Code that the location of the polling place be relocated in Brazos County to wit: THAT the polling place for Election Precincts 52/16 be located in the Brazos County Administration Building, 200 South Texas Avenue, Bryan, Texas; THAT submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. !T7 ADOPTED thisr day of 2009 by a vote of AYES and D NAYS. ATTEST: Randy Si s, County Judge Karen McQueen, County Clerk VOLJa~J PAGE I ~ p(t OF ~ ~l I * n p~ n N P~ 7y OF 0R BRAZOS COUNTY BRYAN, TEXAS RESOLUTION 09-009 A RESOLUTION EXTENDING SUPPORT FOR A BRAZOS VALLEY REGIONAL FIBER OPTICS NETWORK & FUNDING THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT Whereas, the American Recovery and Reinvestment Act of 2009 (Recovery Act) identifies five overarching purposes: (1) Preserving and creating jobs and promoting economic recovery (2) Assisting those most impacted by the recession (3) Providing investments needed to increase economic efficiency by spurring technological advances in science and health (4) Investing in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits (5) Stabilizing state and local government budgets; and Whereas, the Recovery Act further instructs the President, federal departments, and federal agencies to manage and expend Recovery Act funds to achieve the above purposes; and Whereas, the Department of Agriculture's Rural Utilities Service (RUS) has established the Broadband Initiatives Program (BIP) which extends loans, grants, and loan/grant combinations to facilitate broadband deployment in rural areas in the United States; and Whereas, the Department of Commerce's National Telecommunications and Information Administration (NTIA) has established the Broadband Technology Opportunities Program (BTOP) to provide grants for deploying broadband infrastructure in unserved and underserved areas of the United States; and Whereas, the Brazos Valley Council of Governments (BVCOG) seeks funding through RUS and NTIA to facilitate broadband deployment in rural, unserved, and/or underserved areas in the Brazos Valley; and Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361-4503 VUL 123 PAGE Whereas, BVCOG seeks to provide the "middle mile" for high speed digital connectivity to rural, unserved, and/or underserved areas of the seven county region making broadband infrastructure capacity, connectivity and services available to, among others, rural health clinics, mobile data connections in ambulances, public computer centers, emergency facilities, libraries, rural workforce development offices, community centers, and senior centers; and Whereas, construction jobs shall be created in the short term and, when the regional fiber and wireless network is operational, new long term economic development opportunities are anticipated. NOW, THEREFORE, BE IT RESOLVED BY BRAZOS COUNTY that: 1. Brazos County fully supports the fiber network concept as put forward by the BVCOG to expand fiber optic and wireless networks in the Brazos Valley as detailed in this resolution; 2. With this resolution, Brazos County supports the BVCOG in its 14 August 2009 application; and 3. This resolution is effective upon is adoption. PASSED AND APPROVED this 28 b day of July, 2009. andy Sims, County Judge Attest: Karen McQueen, County Clerk ViSfAiPAGE 19`0 Resolution 09-009 . N ,v E op, J~ F ~jA~ N `IT'1 o~ ~ do NpY OF ggP BRAZOSCOUNTY BRYAN, TEXAS GOVERNING BODY RESOLUTION Whereas, Brazos County finds it in the best interest of the Citizens of Brazos County, Texas, that the Brazos County Sheriff's Office Technology Enhancement Project be operated for fiscal year 2010, and Whereas, Brazos County agrees that in the event of loss or misuse of Criminal Justice Division funds, Brazos County assures that the funds will be returned to the Criminal Justice Division in full. Whereas, Brazos County designates Sheriff Christopher C. Kirk, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject or terminate the grant on behalf of the applicant agency. Now Therefore, Be it Resolved that Brazos County approves submission of the grant application for the Brazos County Sheriff's Office Technology Enhancement Project to the Office of Governor, Criminal Justice Division. Passed and Approved the (Day) of (Month) (Year). Grant Number 2251401 Ran Sims, County Judge Attest: / . ~C U Karen McQueen, County Clerk Resolution 09-010 office of the County Judge • 300 East 26'" St. Suite 114 Bryan, Texas 77803 • Fax: (979) 361-4503 Vu~r/o131~~tut ~q/- SERVICE PROVIDER AGREEMENT BETWEEN THE BRAZOS COUNTY JUVENILE SERVICES AND LESLIE BLIZZARD This Agreement is entered into between the Brazos County Juvenile Services, (hereafter referred to as BCJS or Juvenile Services) and Leslie Blizzard (hereafter referred to as Service Provider). Purpose The purpose of this Agreement is to set terms, conditions and fees for Service Provider to conduct Court Ordered Psychological Sexual Evaluations on juveniles that have been referred to the Juvenile Court Such evaluations may only be done by a licensed counselor with a current certification as a Licensed Sex Offender Treatment Provider. TERM The term of this Agreement is for twelve (12) months, commencing September 1, 2009 through August 31, 2010. BCJS may terminate this Agreement immediately in the event the Service Provider substantially or materially breaches the Agreement. The Service Provider shall be paid for work satisfactorily completed prior to the date of termination. RESPONsigmrrIES OF THE BRAZOS COUNTY JUVENILE SERVICES 1. BCJS shall notify Service Provider that a juvenile has been ordered an evaluation. 2. BCJS shall send Service Provider all pertinent information needed in order to conduct an evaluation. 3. BCJS shall provide Service Provider space at BCJS in order to conduct the evaluation. RESPONSIBILITIES OF SERVICE PROVIDER 1. Service Provider shall complete and submit written evaluation report, to BCJS, report no later than thirty (30) days after original notice. 2. In the event Service Provider is unable to fulfill the thirty day evaluation completion time line a written explanation shall be provided to BCJS from the Service Provider detailing the reason(s). 1 3. Service Provider shall remain current and in good standing with all applicable licensing agencies and immediately report to BCJS any applicable licenses suspensions, cancellations or terminations. 4. Service Provider shall submit current copies of applicable license to BCJS. FUNDING 1. BCJS agrees to pay Service Provider the amount of $350.00 for each completed evaluation received. 2. Service Provider shall not charge parents/ guardians of the juvenile for any services rendered. 3. Invoices shall be submitted to; Brazos County Juvenile Services Attn: Collin Coker 1904 West Highway 21 Bryan, Texas 77803 4. Invoice submitted by Service Provider shall contain the name of the juvenile that received service. MAINTENANCE AND ACCESSIBILTTy OF RECORDS The Service Provider shall maintain for a minimum of seven (7) years past the last date on which service was given or until the juvenile's 21st birthday, whichever occurs later, pursuant to Texas State Records Retention Schedule Rule 4125-05 and/or Title 22 Texas Administrative Code Part 9, Chapter 165. Service Provider agrees to make books, records and supporting documentation relevant to this Agreement available to authorized BCJS representatives, auditors, and any other person as may be authorized by the BCJS or by the State of Texas or Federal statute. The Service Provider will cooperate fully in any such audit. Failure to maintain books, records and supporting documentation shall establish a presumption in favor of the BCJS and the County for the recovery of any funds paid by BCJS, Brazos County or the State under this Agreement for which adequate books, records and supporting documentation are not available to support disbursement. RIGHT OF AUDIT AND MONITORING BCJS shall monitor the Service Provider's conduct under this Agreement which may include, but shall not be limited to, reviewing records of program performance in 2 voL M3 AGE 19,3 accordance with Administrative rules, license status review, fiscal and audit review, Agreement compliance and compliance with affirmative action requirements of this Agreement. BCJS may request, and Service Provider will supply, upon request, necessary information and documentation regarding transactions constituting contractual (whether a written contract is in existence or not) or other relationships, paid for with funds received hereunder. Documentation may include, but is not limited to, information regarding Service Provider's contractual agreements, identity of employees, shareholders and directors of Service Provider and any party providing services which .will or may be paid for with funds received hereunder, including, but not limited to, management and consulting services rendered to Service Provider. INDEPENDENT CONTRACTOR The Service Provider is an independent contractor under this Agreement and neither the Provider nor any employee or agent of the Provider is an employee of BCJS and does not acquire any employment rights with the BCJA or the County of Brazos by virtue of this Agreement. The Service Provider will provide the agreed services and achieve the specified results free from the direction or control of the BCJS as to the means and methods of performance. The Service Provider will be required to provide his or her own equipment and supplies necessary to conduct business; provided that in the event for its convenience or otherwise the BCJS makes any such equipment and/or supplies available to the Service Provider, the Provider's use of such equipment or supplies provided by the BCJS pursuant to this Agreement shall be strictly limited to official BCJS or Brazos County business and not for any other purpose, including any personal benefit or gain. Juvenile Services assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Juvenile Services and Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of contract of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of Juvenile Services. The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Juvenile Services. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. 3 V0L. 1013 eAGE /,`I CONFIDENTIALITY The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as Department administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. LICENSING The Service Provider is required to maintain all applicable licenses, permits or certifications. Copies of any applicable licenses are to be filed with Brazos County. MISCELLANEOUS 1. Either parties may terminate the Memorandum of Understanding by giving a (30) thirty day written notice to the other party. 2. BCJS will exercise no right of control over Service Provider or its employees. Service Provider agrees to protect, defend, indemnify and save harmless BCJS against loss, damage, or expense by reason of any suits, claims, demands, or judgments and causes of action caused or contributed to any part by Service Provider, its agents, servants or employees arising out of or in consequence of the performance of this agreement. 3. The provider understands that signing this agreement does not guarantee any referrals from the Brazos County Juvenile Services Department. 4. This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. 5. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 4 VOli, a,A-AuE 9~j. 6. No failure of BCJS to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Juvenile Services. 7. The Service Provider agrees to notify BCJS prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with BCJS in joint or coordinated releases of information. 8. The Service Provider shall give 30 days prior written notice to the BCJS, if there is a change in the Provider's legal status, federal employer identification number (FEIN) or address. BCJS reserves the right to take any and all appropriate action. The Provider agrees to hold harmless BCJS for any acts or omissions by the BCJS resulting from the Service Provider's failure to notify of these changes. 9. The Service Provider understands and agrees that this Agreement may not be sold, assigned, or transferred in any manner, to include an assignment of Service Provider's rights to receive payment hereunder, and that any actual or attempted sale, assignment, or transfer without the prior written approval of Juvenile Services shall render this Agreement null, void, and of no further effect. 10.The Service Provider And Juvenile Services understand and agree that this agreement constitutes the entire agreement between them and that no promises, terms, or conditions not recited herein or incorporated herein or referenced herein, including prior agreements or oral discussions, shall be binding upon either the provider or the department. C the day of _~y 200'. Randy S' s, County Judge Chairman, Brazos County Juvenile Board V Dr. Doug V e, Executive Director Brazos County Juvenile Services Leslie Blizzard, Licensed Professional Counselor Licensed Sex Offender Treatment Provider 5 VOLO3P.GE ~TfP THE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE JUSTICE CENTER CONTRACT AND AGREEMENT This contract is made and entered into by and between the VICTORIA COUNTY JUVENILE BOARD, acting herein by and through its duly authorized representative and the County Judge of Victoria County, Texas, Victoria County, Texas, acting herein by and through its duly authorized representative and the County Judge of said county and Brazos County, Texas (the "CONTRACTING COUNTY"). WITNESSETH WHEREAS, the VICTORIA COUNTY JUVENILE BOARD, acting through the VICTORIA COUNTY JUVENILE JUSTICE CENTER (VCJJC), operates Detention and Residential Programs at the Victoria County Juvenile Justice Center, a pre-adjudication and post adjudication Facility (the "Facility") owned by VICTORIA COUNTY, TEXAS; WHEREAS, the Facility is inspected and certified as suitable for the detention of children and is in compliance with applicable Texas Juvenile Probation Commission Standards and the Juvenile Justice and Delinquency Prevention Act; WHEREAS, the CONTRACTING COUNTY desires use of the Facility and its Programs in order to carry out and conduct its juvenile program in accordance with Title III of the Juvenile Justice Code. NOW, THEREFORE, the VICTORIA COUNTY JUVENILE BOARD and the CONTRACTING COUNTY agree as follows: 1. VCJJC shall provide program components, room, board, supervision, and care (24) twenty-four hours per day to those juveniles accepted by the Facility. At a minimum, program components will include educational programs, counseling programs, and process groups. Additional programs provided for the long-term residential program include, but are not limited to, anger management, life skills, individual counseling, group counseling, substance abuse prevention education, and AIDS awareness. VOL/M~ FFOE l q7 II. The VCJJC will identify specific goals and outputs for each long term resident, and documents measurable outcomes related to program objectives as outlined in Title 1 Texas Administrative Code Section 351.13, and any goals, outputs, and measurable goals based on the Texas Health and Human Services Commission substitute Care Provider Outcome standards, These goals and outputs will be incorporated into an Individualized Treatment Plan (ITP) for each child in the Residential Program. The ITP will address the nine domain areas of medical, safety and security, recreational, educational, mental/behavioral health, relationship, socialization, permanence, and parent/child relationship, as specified in the substitute care provider standards. The ITP will be developed and signed by all required parties within thirty calendar days after the placement of the child in the program. The ITP will be reviewed and updated every ninety (90) calendar days, or more frequently as circumstances or need requires. Periodic progress reports will be provided to the CONTRACTING COUNTY every six weeks, or more frequently as the need arises. These reports will be based on treatment, academic, and behavior progress. III. The CONTRACTING COUNTY shall pay the Facility $95.00 per day for each day ajuvenile is in Detention Program; $127.00 per day for each day a pregnant juvenile is in the Residential Program, and $95.00 per day for each day a juvenile (other than a pregnant juvenile) is in the Residential Program; In the event that a juvenile in the detention program is designated as a "High Risk" for suicide and who require being placed on "Constant Supervision" as per Section 343.10(g)(2)(B) of the Texas Juvenile Probation Commission Standards, the CONTRACTING COUNTY shall pay an additional $125.00 per day along with the regular stated daily rate. CONTRACTING COUNTY shall be notified within 24 hours of a juvenile being put on high risk. VCJJC will be responsible for accounting, billing, and payments for the operation of the Facility and the CONTRACTING COUNTY shall pay in accordance with directives of VCJJC. The CONTRACTING COUNTY shall receive a detailed statement each month when it has placed a child in the Facility. Payment for bed space is due by the first working day of the following month. Payments should be directed to: Victoria County Juvenile Justice Center 97 Foster Field Dr. Victoria, Texas 77904 VolI M3 ..ec lye IV. The CONTRACTING COUNTY shall, in all events, be responsible forpayment of medical expenses necessary for the health, safety, and welfare of the CONTRACTING COUNTY'S juveniles. If emergency examination, treatment, or hospitalization outside the Facility is required for a juvenile placed in the Facility, the Administrator of the Facility may secure such examination, treatment or hospitalization at the expense of the CONTRACTING COUNTY, and bill the CONTRACTING COUNTY for the same.. In such event, the Facility Administrator or his representative will notify the CONTRACTING COUNTY within (24) twenty-four working hours of its occurrence. The Facility Administrator is further authorized to approve transfers to other tertiary care centers when the situation warrants. In the absence of the Facility Administrator, the supervising officer is authorized to secure medical services and approve the transfer. The CONTRACTING COUNTY shall make arrangements directly with vendors for the provision of, and payment. for, routine medical expenses, including without limitation, hospitalization, prenatal services, and dental, for Post-Adjudication Program juveniles and other juveniles for whom the Administrator has not elected to secure such services as provided hereinabove. Notwithstanding the foregoing, VCJJC will endeavor to seek and obtain all benefits available from other sources for eligible juveniles. VCJJC will initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for juveniles who may be eligible for Medicaid. Any income received by VCJJC from sources other than this contract, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each juvenile for whom a billing is submitted and deducted from the invoice submitted to CONTRACTING COUNTY. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and time services were provided and such other information deemed necessary for adequate fiscal control. V. Each juvenile placed in the Facility by the CONTRACTING COUNTY shall be placed therein under proper order of the Juvenile Court. At a minimum, the order shall require each juvenile to follow the rules and regulations of conduct as fixed and determined by the Facility Administrator and the staff of the Facility. The CONTRACTING COUNTY must remove the juvenile before the expiration of the order. The CONTRACTING COUNTY agrees and understands that all Texas Juvenile Probation Commission required documents for admission to a Detention Center, or Residential Program will be submitted to VCJJC at the time of placement. VCJJC retains the right and responsibility to refuse the admission of any juvenile from the CONTRACTING COUNTY if said documents are not supplied at the time of admission, and retains the option to require CONTRACTING COUNTIES to supply pre- placement packets on children being considered for placement in the Residential Program, thirty days before placement. Acceptance of the juvenile into the detention Facility will be determined by space availability. In the event overcrowding exists in the detention Facility, VCJJC maintains the right to ask the CONTRACTING COUNTY to remove the juvenile within four (4) hours from the time notified. CONTRACTING COUNTY may reserve Post-Residential beds. VCJJC reserves the right to refuse custody to anyjuvenile who is deemed inappropriate. The VICTORIA COUNTY JUVENILE BOARD has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, VCJJC will not accept into custody juveniles whose detention would prevent the Facility from complying with the Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non-offenders as dependent or neglected children." Section 223(a) (12) (A). If a juvenile from the CONTRACTING COUNTY is accepted by the Facility and such juvenile thereafter is found, in the sole judgment of the Facility Administrator, to be either mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or characteristics, or whose mental or physical health condition would or might endanger the juvenile or the other occupants of the Facility, then upon such determination and notification by the Facility Administrator to the CONTRACTING COUNTY, the CONTRACTING COUNTY shall remove or cause to be removed the youth from the Facility when notified that the juvenile has become unmanageable. Pre-adjudicated youth shall be removed within four (4) hours of notification; post- adjudicated youth shall be removed as soon as practicable, but in no event longer then seven (7) working days after notification. Juveniles who are intoxicated or in need of immediate medical attention will not be accepted under any circumstances without having been seen, treated and released by a medical professional. VI. The term of this Contract shall run from September 1, 2009 or the date of execution, whichever is later, until August 31, 2010. This Contract shall automatically renew and extend for an additional one year period on the first day of September of each succeeding year unless either party notifies the other in writing at least 30 days prior to the expiration of said term of its intention not to renew this contract. This renewal and extension is subject to the availability of funds for the contract year, to the allocation of funds to meet the terms of this contract, and subject to the approval of the CONTRACTING COUNTY. Upon renewal and extension of this contract the then prevailing rates charged by the Facility shall be applicable. The Contract may be Terminated Without Cause by either party by tendering thirty (30) days advance written notice to the other party. During the notice period, the parties will attempt to resolve the issues giving rise to termination. The Contract may be Terminated For Cause and without notice in the event of a material breach of any term of this Contract. 4v6~~3 RD0 Upon the termination or expiration of this Contract, the VICTORIA COUNTY JUVENILE BOARD, the VICTORIA COUNTY JUVENILE JUSTICE CENTER, and VICTORIA COUNTY shall be discharged from any further obligations hereunder. VII. Pursuant to Section 231.006 of the Family Code, V CJJC certifies that the entity named in this contract is not ineligible to receive the specific grant, loan, or payment, and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. VCJJC and VICTORIA COUNTY maintains a relationship of good standing with the Texas Comptroller of Public Accounts. VCJJC and COUNTY use and employ Generally Accepted Accounting Principles (GAAP). VCJJC and COUNTY are audited by an outside, independent authority at least annually, and must comply with periodic financial reporting procedures. VCJJC adheres to all applicable state and federal laws and regulations pertinent to its provision of services. The Facility complies with all applicable regulatory agency policies, procedures, and administrative rules. VCJJC possesses and maintains all applicable or required, current state licenses, certifications, registrations, and regulatory permits for a child care Facility. Copies of licenses, certifications, and permits will be supplied to the CONTRACTING COUNTY upon receipt of written request for these documents. The Administration of VCJJC will disclose to CONTRACTING COUNTY any pending or initiated criminal or governmental investigations, and results/findings related to the Facility. VCJJC accounts separately for the receipt and expenditures of any and all funds received under this contract, or any funds received from the State of Texas, or funds received from any Federal program. V CJJC maintains all applicable records for a minimum of three years, or until any pending audits and all questions arising thereof have been resolved. VCJJC understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. VCJJC further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. The CONTRACTING COUNTY and V CJJC will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through VRJJC and the requirement to cooperate is included in any subcontract it awards. VIII. VCJJC will accept any juvenile qualified hereunder, without regard to such juvenile's religion, creed, race, color, sex, or national origin. VOL03 PAGE a61 LY. Funds for payment have been provided through the CONTRACTING COUNTY budget approved by the Commissioners' Court of the CONTRACTING COUNTY for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise beyond the end of the current CONTRACTING COUNTY'S fiscal year shall be subject to budget approval. X. The invalidity or unenforceability of any term or provision of this contract shall in no way affect the validity or enforcement of any other term or provision herein. XI. Neither parry under this Contract shall have the right to assign nor transfer its rights to any third party without prior written consent by the other party. The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the law of the State of Texas, and. all venues shall be in Victoria, Victoria County, Texas. This Contract is expressly made subject to Victoria County's Sovereign Immunity, Title 5 of the Texas Civil Practice and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Contract is in any way intended to constitute a waiver of any immunities from suit or liability that Victoria County has by operation of law. Nothing in this Contract is intended to benefit any third party beneficiary. X11. The parties to this Contract will work together in good faith to resolve any controversy, dispute or claim between them which arises out of or relates to this Contract, whether stated in tort, contract, statute, claim for benefits, bad faith, professional liability or otherwise ("Claim"). If the parties are unable to resolve the Claim within thirty (30) days following the date in which one party sent written notice of the Claim to the other party, and if a party wishes to pursue the Claim, such Claim shall be addressed through non-binding mediation under the Commercial Mediation Rules of the American Arbitration Association ("AAA"). A single mediator engaged in the practice of law, who is knowledgeable about subject matter of this Contract, will conduct the mediation under the then current rules of the AAA. All costs involved in the mediation shall be home equally between the parties, except that each party shall bear its own attorneys fees. Nothing herein is intended to prevent either party from seeking any other remedy available at law including seeking redress in a court of competent jurisdiction. This provision shall survive the termination of this Contract. VoL,1d3 PAuE ~lQ MR. V CJJC agrees that CONTRACTING COUNTY or its duly authorized representatives shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any and all books, documents, papers and records of VCJJC which are directly pertinent to the services to be performed under this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. VCJJC agrees that CONTRACTING COUNTY shall have access during normal working hours to all necessary V CJJC facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CONTRACTING COUNTY shall give VCJJC reasonable advance notice of intended audits. XIV. If the party obligated to perform is prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of said party, the other party shall grant such parry relief from the performance of this Contract. The burden of proof for the need of such relief shall rest upon the party obligated to perform. To obtain release based on force maj eure, the parry obligated to perform shall file a written request with the other party. XV. To the extent, if any, that any provision in this Contract is in conflict with Tex. Gov't Code 552.001 et seq., as amended (the "Public Information Act"), the same shall be of no force or effect. Furthermore, it is expressly understood and agreed that both parties, their officers and employees may request advice, decisions and opinions of the Attorney General of the State of Texas in regard to the application of the Public Information Act to any items or data furnished to either party as to whether or not the same are available to the public. It is further understood that both parties' officers and employees shall have the right to rely on the advice, decisions and opinions of the Attorney General, and that both parties' officers and employees shall have no liability or obligation to any party hereto for the disclosure to the public, or to any person or persons, of any items or data furnished to either party by another party hereto, in reliance of any advice, decision or opinion of the Attorney General of the State of Texas. XVI. Each party to this Contract, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. V0LJ/d3 "3AGE "W3 XVII. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either oral or written. This Contract may be amended only by written instrument signed by each party to this Contract. NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF EITHER PARTY HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO AMEND THIS CONTRACT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE PARTY'S GOVERNING BODY. - le~ Chairman Chairman County Juvenile Board Victoria County Juvenile Board Date: Date: Chief Juvenile Officer Donald R. Pozzi n Victoria County Judge Date: t Z 2'~ Date: ~l~ela3~.or: ~ NOTICE OF SUBRECIPIENT GRANT AWARD GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT Program Title: FY 2009 Emergency Management Performance Grant (EMPG) DHS Instrument Number: 2009-EP-E9-0005 GDEM Grant Number: 09TX-EMPG-1440 Administered By: Governor's Division of Emergency Management Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773-0220 Recipient: Brazos County 200 S. Texas Ave, Ste 332 Bryan, Texas 77803 Amount of Grant: $ 47,965.00 Period of Grant: October 1, 2008, to September 30, 2009 AGE CY APPROVAL G ACC CE O gins ignatu,e Required Jack Colley Printed N e/Title:Yy Chief Q Date: July 15, 2009 Date: / Return Signed Copy of This Page within 45 days to: Governor's Division of Emergency Management Attention: Rex Ogle, Preparedness Section PO Box 4087 Austin, TX 78773-0220 voL,*W rAGE ~R05 - P~ E Op x F DIVISION OF EMERGENCY MANAGEMENT Office of the Governor RICK PERRY STEVEN McCRAW Governor Director Mailing Address: Contact Numbers: Physical Address: Office of Homeland Security PO Box 4087 512424-2138 Duty Hours 5805 N. Lamar Blvd. Austin, Texas 78773-0220 512424-2277 Non-Duty Hours Austin, Texas 78752 512424-2444 F. JACK COLLEY Chief July 15, 2009 The Honorable Randy Sims Brazos County Judge 200 S. Texas Ave, Ste 332 Bryan, TX 77803- Dear Judge Sim This letter is to advise you that your application to participate in the Emergency Management Performance Grant (EMPG) program during Fiscal Year 2009 (FY 09) has been accepted. 1. Grant Award The Notice of Sub-recipient Grant Award (Attachment 1) specifies the federal EMPG program funding that will be provided during FY 09. An individual authorized by your County Commission to accept grants on behalf of the jurisdiction, typically the County Judge, must sign the award and return it to the Division within 45 days to activate your grant. Retain a copy for your records and provide a copy of the entire grant award package to your local financial manager. 2. Required EMPG Tasks A. Your FY 09 EMPG Program Application has been approved. As changes to this document may have been made in order to meet FY 09 program requirements since originally submitted, you should carefully review the attached copy. B. The process for documenting exercise participation has not changed. All EMPG participants must prepare and submit an After Action Report (AAR) and Improvement Plan (IP), in the format prescribed by the DHS Homeland Security Exercise Evaluation Program (HSEEP). The HSEEP document can be accessed at hiip://www.oip.usdoi/odp/exercises.htm. A sample AAR and IP is located on our website at http://www.txdps.state.tx.us/dem. C. The Department of Homeland Security has identified steps that States, territories, tribal, and local entities should take during FY 09 to remain compliant with the NIMS. All jurisdictions awarded FY 09 EMPG funds must achieve and maintain 100% compliance with NIMSCAST objectives and metrics. D. Participate in the Texas Regional Response Network (TARN) by registering as a user and identifying resources that jurisdiction(s) participating in the local emergency management program are prepared to make available to other jurisdictions through mutual aid. t►t~1{ 7t 3 PwisE E. As indicated in the FY 2009 EMPG Guidance, grant recipients must apply no less than 25 percent of their grant award toward planning activities. The Staffing Commitment Certification should be submitted semi-annually with each Progress Report. 3. Task Progress & Reporting Continued participation in the EMPG program is in part conditioned on making proportional progress on your Work Plan tasks and the timely submission of progress and financial reports. A. Proportional Progress in Program Tasks. You are expected to complete and document a portion of those tasks each quarter rather than deferring most planning tasks, training, exercises, and other activities until the last several months of the fiscal year. Those who try to complete a year's work in several months frequently fail when emergencies occur late in the year. B. Financial Reports. EMPG Financial reports are due 30 days after the close of each quarter of the federal Fiscal Year. Quarterly Financial Reports are due January 15, April 15, July 15, and October 15. These reports should be sent directly to the GDEM EMPG Auditor at the P.O. Box address at the top of the first page of this letter. C. Progress Reports. Your first semi-annual progress report was due to the GDEM Preparedness Section on April 15, 2009. The final progress report is due October 15, 2009. As noted previously, these reports should reflect and document progress in completing the tasks contained in your Statement of Work. D. Failure to complete the tasks outlined in your approved Statement of Work or to submit quarterly financial reports and semi-annual progress reports by the required due dates is cause for elimination from the EMPG program. GDEM/SAA is currently working on adding the EMPG Grant to the State's Grant Management and Accounting System. The GDEM/SAA grant management system provides the individual jurisdiction grantees near-real-time information on project purchases and grant financial status. The GDEM is currently working to set up procedures for the use of the Grant Management System for EMPG expenditures. Until further notice, jurisdictions receiving EMPG Grant funds shall continue submitting manual Expenditure Request and Reimbursement Request to the GDEM. If you determine that you do not wish to participate in the FY 09 EMPG program, please advise me as soon as possible. If you have questions regarding the financial reporting requirements, please contact our EMPG Auditor, Doris Grisham, at 512-424-2448. If you have questions regarding EMPG tasks or your Jurisdiction Profile, please contact the EMPG Program Administrator, Rex Ogle, at 512-424-7051. Respectfully, Jack Co ief JC: pr Attac ments: 1- Notice of Sub-Recipient Grant Award 2- Terms and Conditions 3- Approved Statement of Work VOLPLAPAGE 'a o7 FY 2009 EMPG Terms and Conditions 1. Purpose: Grant funds will be used to support local comprehensive emergency management programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Funding may be used to support activities that contribute to the capability to manage consequences of acts of terrorism. Funds provided may also be used to accomplish initiatives described in the Federal Program Guidelines, including local implementation of the National Incident Management System (NIMS), incorporation of appropriate references to the National Response Framework (NRF) into local plans, homeland security assessment and strategy integration, and assessment of the local emergency management program using Emergency Management Assessment Program (EMAP) standards. 2. Grant Conditions: If federal or state grant funds are involved in funding of this contract, then the conditions of those respective grants are incorporated herein by reference and made a part hereof for all intents and purposes. The federal grant terms and conditions are located at: http://www.fema.gov/,qovernment/grantlempq. 3. Grant Acceptance: The Notice of Subrecipient Grant Award is only an offer until the Subrecipient returns the signed copy of the Acceptance of Subrecipient Grant Award in accordance with the instructions provided in the transmittal letter. 4. Work to Be Performed: The approved FY 09 Statement of Work & Progress Report outlines eight tasks that the grantee must perform during the grant period. The following additional tasks are also required of subrecipients: A. Implement the National Incident Management System (NIMS) at the local level. B. Incorporate pertinent information concerning the National Response Framework (NRF) into the local or inter-jurisdictional emergency management plan and its annexes. C. Participate in the Texas Regional Response Network (TRRN) by registering as a user and identifying resources that the jurisdiction(s) participating in the local emergency management program are prepared to make available to other jurisdictions through mutual aid. D. During the performance period of this grant, subrecipient must maintain an emergency management plan at the Advanced Level of planning preparedness or higher, as prescribed by the Governor's Division of Emergency Management (GDEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter-jurisdictional emergency management program that meets the required standards. If the GDEM identifies deficiencies in the subrecipient's plan, subrecipient will correct deficiencies within 60 days of receiving notice of such deficiencies from GDEM. E. During the performance period of this grant, subrecipient agrees that it will participate in a legally-adopted county and/or regional mutual aid agreement. F. Subrecipients must maintain an updated inventory of equipment purchased through this grant program in accordance with Uniform Grant Management Standards - lll, State 1 VOL 1;LPAGE ;a6$ Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C-Post-Award Requirements, Reports, Records, Retention, and Enforcement, Equipment and the Department of Homeland Security (DHS), Office of Grant Operations Financial Management Guide. G. The subrecipient agrees that any equipment purchased with grant funding shall be . prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 5. Grant Funding: The amount of this grant may be less than the amount requested in your Application for Federal Assistance due to limits on federal funding for the EMPG program. However, EMPG grant recipients should continue to report all eligible expenses in quarterly financial reports. In the event additional program funding becomes available from the federal government or unspent EMPG funds remain at the end of the fiscal year, the GDEM may be able to allocate additional funds to EMPG program participants. 6. Financial and Administrative Requirements: In Accordance with 44 Code of Federal Regulations (CFR) Part 13, subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide located at http://www.oip.usdoi.gov/fiinancialquide/. A. All emergency management program costs for which the Subrecipient seeks reimbursement must be eligible in accordance with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments. A copy of that document is available at: http://www.whitehouse.gov/omb/circulars/. B. Subrecipient will comply with the organizational audit requirements of OMB Circular A- 133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the DHS Office of Grant Operations (OGO)'s Financial Management Guide (January 2006) at: http://www.oip.usdo6.gov/odp/docs/Financial Management Guide.pdf C. When implementing FEMA National Preparedness Directorate funded activities, the subrecipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The subrecipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting FEMA funded activities. D. Subrecipient will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). (Federal Assurance). E. Subrecipient agrees to make no request for reimbursement for goods or services procured by the Subrecipient prior to the start of the period of performance stated in this award document or after the end of the period of performance. 2 UQ! AGE I~~1 F. Notwithstanding any other provisions of this document, the parties hereto understand and agree that the obligations of GDEM under this Agreement are contingent upon the availability of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be liable to the Subrecipient for costs under this Agreement that exceed the amount specified in the Notice of Subrecipient Grant Award. 7. Single Audit Act Requirements: If Subrecipient has expenditures in excess of $500,000 in federal funds of all types within a single fiscal year, it must have an audit performed in accordance with the Single Audit Act as amended. Subrecipient agrees to comply with the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non- profit Organizations. 8. Reporting Requirements: Subrecipient agrees to comply with all reporting requirements and shall provide such information as required by GDEM. Reporting requirements are found in the Fiscal Year 2009 Local Emergency Management Program Guide. Subrecipients may be required to submit additional information and data requested by GDEM and/or the State Administrative Agency after the end of the period of performance in order to close out the grant. 9. Subrecipient must prepare and submit Semi-Annual Progress Reports GDEM/SAA for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. The first performance reporting period is October 1 to March 31 and the second reporting period is April 1 to September 30 of each fiscal year. Subrecipient may also be required to submit additional information and data requested by GDEM/SAA. . 10. Review of Work and Expenditures: GDEM may review the work of the Subrecipient with respect to approved program tasks and also review expenditures for which reimbursement is requested as necessary to ensure the federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that performance goals are achieved. These reviews may include, without limitation: comparing actual subrecipient activities to those approved in the sub-award application and subsequent modifications if any; ensuring that grant funds have been expended in accordance with applicable guidelines; confirming compliance with grant assurances, and verifying information provided on performance reports and payment requests. 11. Lobbying: A. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the subrecipient certifies that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal. grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 3 VOL 1a3: ArE aro agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3) The subrecipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 12. Debarment, Suspension, and other Responsibility Matters: A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510. (Federal Certification). B. The subrecipient certifies that it and its principals and vendors: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; subrecipients can access debarment information by going to www.epls.gov. 2) Have not, within a three-year period preceding this application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4) Have not, within a three-year period preceding this application, had one or more public transactions (Federal, State, or local) terminated for cause or default. C. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application (Federal Certification). 13. Monitoring: A. Subrecipient will provide GDEM, State Auditor, or DHS personnel or their authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. B. Subrecipient agrees to monitor their program to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. 4 I VOLP3_ AGE a11 C. GDEM/SAA may perform periodic reviews of subrecipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of on-site audit and compliance monitoring, including inspection of all grant- related records and items, comparing actual subrecipient activities to those approved in the sub-award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, verifying information provided in performance reports and reviewing payment requests, needs and threat assessments and strategies. D. Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government,' without the express prior written approval of FEMA National Preparedness Directorate. E. The subrecipient agrees that all allocations and use of funds under this grant will be in accordance with the Homeland Security Grant Program Guidelines and Application Kit for that fiscal year and must support the goals and objectives included in the State Homeland Security Strategic Plan and the Urban Area Homeland Security (UASI) Strategies. F. The subrecipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non- federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 14. Reimbursement for Expenses: A. Reimbursement for expenses incurred during the second and fourth quarter of Fiscal Year 2009 will not be disbursed until GDEM receives the first and second semi-annual EMPG Progress Reports, which are due on April 15, 2009 and October 15, 2009, respectively. B. As GDEM plans to promptly close out the Fiscal Year 2009 EMPG program with the State Administrative Agency, requests for reimbursement of expenses that are postmarked more than 45 days after the end of the stated period of performance will not be paid. 15. Choice of Law: This agreement shall be construed and governed by Texas law. 16. Changes to the Law: DPS is a state agency whose authority and appropriations are subject to the actions of the Texas Legislature and the United States Congress. If DPS and/or the subject matter of this contract become subject to a legislative or regulatory change, revocation of statutory or regulatory authority, or lack of funds that would render the services and/or goods and/or payment to be provided under this agreement impossible, unnecessary, void, or substantially amended, DPS may terminate this agreement without penalty to, or any liability whatsoever on the part of, DPS, the State of Texas, and the United States. This contract does not grant vendor a franchise or any other vested property right. 5 ~ a) vt y0L i a3 PAGE 17. Written Modification: No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 18. To the extent it applies, Subrecipient shall comply with Texas Government Code, Chapter 783, 1 Texas Administrative Code JAC) §§5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart B, §_.14. See Attachment 1. 19. To the extent it applies, Subrecipient shall comply with the General Appropriations Act, 80th Legislature, Article. IX, Part 17. See Attachment 2. 20. GDEM may suspend or terminate sub-award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub-award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, or filing a false certification or other report or document. Satisfactory Progress is defined as accomplishing the following during the performance period of the grant: requesting federal funds for purchases, training, etc. and deciding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned tasks must be accomplished in a timely manner. Special Conditions may be imposed on subrecipient's use of grant funds until problems identified during grant monitoring visits conducted by GDEM audit and compliance personnel are resolved. l.ia3~,~( 3 V( Attachment 1 Subpart B-Pre-Award Requirements _.14 State assurances (a) Scope. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass-through or other state-appropriated funds.. An attempt has been made below to list major state and federal assurances. Generally, not all of these assurances will be required for any one grant. However, it is the applicant's responsibility to ensure that all assurances required by the awarding agency are submitted. The legal instrument for awarding state funds must be consistent with the standards prescribed herein; however, these standard conditions or assurances may be incorporated into contracts or grant agreements by reference rather than by being reproduced in their entirety. (1) A subgrantee 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) A subgrantee 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) A subgrantee 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) A subgrantee 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) A subgrantee 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. VOL .-IJAGEc~; (7) When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions. and specifications are met. (See Section 36 for additional guidance on contract provisions.) (8) A subgrantee 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. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. (9) Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (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 (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. (10) Subgrantees will comply, as applicable, 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 subagreements. (11) Subgrantees 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) Subgrantees 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) Subgrantees 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. Va~~a3Wp~ai5 (14) Subgrantees 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) Subgrantees 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 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) Subgrantees 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 ED 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) Subgrantees 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) Subgrantees 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) Subgrantees 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) Subgrantees 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) Subgrantees 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) Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. v00,13 -w E A1*(*1 (24) The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. (25) Subgrantees 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. Subpart C-Post-Award Requirements - Reports, Records, Retention, and Enforcement _.42 Retention and access requirements for records. (a) Applicability. Certain additional standards for retention of public records in Texas are codified at 13 TAG Chap. 6 for state agencies and at 13 TAG Chap. 7 for local governments. The Texas State Library and Archives Commission, through the Records Preservation Advisory Committee has established recommended retention periods longer than three years for many types of public documents, whether in original hard copy or in microfilm form. State awarding agencies may obtain a copy of the Recommended Retention Schedule by contacting the State Library and Archives Commission. (1) This section applies to all financial and programmatic records, supporting documents, statistical records, and other records of grantees or subgrantees which are: (i) Required to be maintained by the terms of this Part, program regulations or the grant agreement, or (ii) Otherwise reasonably considered as pertinent to program regulations or the grant agreement. (2) This section applies to records maintained by contractors or subcontractors for purchases of goods or services funded in whole or in part from state funds. For a requirement to place a provision concerning records in certain kinds of contracts, see Section _.36 (i) (10). (b) Length of retention period. (1) Except as otherwise provided, records must be retained for three years from the starting date specified in paragraph (c) of this section. (2) If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3-year period, whichever is later. (3) To avoid duplicate recordkeeping, awarding agencies may make special arrangements with grantees and subgrantees to retain any records which are continuously needed for joint use. The awarding agency will request transfer of records to its custody when it determines that the records possess long-term NOL)"o- PAGE a 17 retention value. When the records are transferred to or maintained by the federal or state agency, the 3-year retention requirement is not applicable to the grantee orsubgrantee. (c) Starting date of retention period. (1) General. When grant support is continued or renewed at annual or other intervals, the retention period for the records of each funding period starts on the day the grantee or subgrantee submits to the awarding agency it's single or last audit report for that period. However, if grant support is continued or renewed quarterly, the retention period for each year's records starts on the day the grantee submits its expenditure report for the last quarter of the federal, state, or other designated fiscal year. In all other cases, the retention period starts on the day the grantee submits its final audit report. If an expenditure or audit report has been waived, the retention period starts on the day the report would have been due. (2) Real property and equipment records. The retention period for real property and equipment records starts from the date of the disposition or replacement or transfer at the direction of the awarding agency. (3) Records for income transactions after grant or subgrant support. In some cases grantees must report income after the period of grant support. Where there is such a requirement, the retention period for the records pertaining to the earning of the income starts from the end of the grantee's fiscal year in which the income is earned. (4) Indirect cost rate proposals, cost allocations plans, etc. This paragraph applies to the following types of documents, and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (i) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the federal government (or to the grantee) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission. (ii) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the federal government (or to the grantee) for negotiation purposes, then the 3-year retention period for the proposal plan, or computation and its supporting records starts from end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. (d) Substitution of microfilm. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. (e) Access to records- (1) Records of grantees and subgrantees. The awarding agency and the Comptroller General of the United States, the Texas State Auditor, or any of their authorized representatives,,shall have the right of access to any pertinent VOL12t3, PAGEa-)B books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. (2) Expiration of right of access. The right of access in this section must not be limited to the required retention period but shall last as long as the records are retained. (f) Restrictions on public access. The federal Freedom of Information Act (5 U.S.C. 552) does not apply to records. Unless required by federal, state, or local law, grantees and subgrantees are not required to permit public access to their records. Vol ~a3~.'AGE7.t ~ Attachment 2 PART 17. GRANT-MAKING PROVISIONS Sec. 17.01. Emergency and Deficiency Grants Out of Special Funds. For the purposes of 401.061 and 403.075, Government Code, appropriations to the Office of the Governor from "special funds" include excess revenues from General Revenue Fund-Dedicated accounts that were previously special funds above those estimated by the Comptroller in certifying this Act. Sec. 17.02. Limitation on Grants to Units of Local Government (a) The funds appropriated by this Act may not be expended in the form of a grant to, or a contract with, a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to limitations and reporting requirements similar to those provided by: (1) Parts 2 and 3 of this Article (except there is no requirement for increased salaries for local government employees); (2) § § 556.004, 556.005, and 556.006, Government Code; (3) § § 2113.012 and 2113.101, Government Code; (4) § 6.15 of this Article (Performance Rewards and Penalties); (5) § 7.01 of this Article (Budgeting and Reporting); (6) § 7.02 of this Article (Annual Reports and Inventories); and (7) § 2102.0091, Government Code. (b) In this section, "unit of local government" means: Art IX-Conf IX-72 May 25, 2007 (1) a council of governments, a regional planning commission, or a similar regional planning agency created under Chapter 391, Local Government Code; (2) a local workforce development board; or (3) a MHMR community center. Sec. 17.03. Grant Restriction. Funds appropriated by this Act may not be expended for a grant to a law enforcement agency regulated by Chapter 1701, Occupations Code, unless: (1) the law enforcement agency requesting the grant is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education; or (2) the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. Sec. 17.04. Grants. (a) Funds appropriated by this Act for grants of money to be made by state agencies, including the agencies in the legislative branch, are appropriated for the statutory purposes as the grantor agency may specify. A state agency shall distribute grants on a reimbursement or as needed basis unless otherwise provided by statute or otherwise determined by the grantor agency to be necessary for the purposes of the grant. (b) Funds appropriated by this Act for grants to be made by a state agency for a particular fiscal year may be distributed in subsequent fiscal years so long as the grant has been awarded and treated as a binding encumbrance by the grantor agency prior to the end of the appropriation year of the funds appropriated for grant purposes. Distribution of the grant funds is subject to § 403.071, Government Code. Sec. 17.05. Grants for Political Polling Prohibited. None of the funds appropriated by the Act may be granted to or expended by any entity which performs political polling. This prohibition regarding political polling does not apply to a poll conducted by an academic institution as a part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. VQ613IMAGE °1~ FISCAL YEAR 2009 EMPG STATEMENT OF WORK & CUMULATIVE PROGRESS REPORT APPLICANT NAME (Jurisdiction :Brazos Coun Document Submitted By I Date G EM Review B Date Statement of Work Chuck Frazier 12/1/09 Progress Report #1 Progress Report #2 TASK 1-WORK PLAN & SEMIANNUAL PROGRESS REPORT Our jurisdiction will submit an EMPG Application, two Progress Reports, two Staffing X Work Plan Commitment Certifications, and four quarterly Financial Reports. Our jurisdiction has appointed a NIMSCAST point of contact, established a NIMSCAST account, and is 100% compliant with FY 2008 NIMSCAST objectives and metrics. ❑ This Progress Report # 1 is being submitted to the GDEM Preparedness Section ❑ Progress Report #1 ❑ First & Second Quarter Financial Reports have been submitted to GDEM Support Services. ❑ This Progress Report # 2 is being submitted to the GDEM Preparedness Section. ❑ Progress Report #2 ❑ Third & Fourth Quarter Financial Reports have been submitted to GDEM Support Services. TASK 2-LEGAL AUTHORITIES FOR EMERGENCY MANAGEMENT PROGRAM Our jurisdiction will maintain current legal documents establishing our emergency management program. X Our legal documents are current & on file with GDEM; no additional action is required. X Our NIMSCAST account is 100% compliant with all objectives and metrics. X Work Plan ❑ Our jurisdiction will prepare or update & submit to GDEM: ❑ Commissioners Court Order# ❑ City Ordinance(s) for. ❑ Updated Joint Resolution dated: NIMS Adoption dated: TRRN re istration completed and resources entered ❑ Our legal documents are current & on file with GDEM, no additional action is required. ❑ Our NIMSCAST account is 100% compliant with all objectives and metrics. ❑ Progress Report #1 ❑ Our jurisdiction completed & submitted to GDEM: ❑ Commissioners Court Order # (Oct. 1-Mar. 31) ❑ City Ordinance(s) for. ❑ Updated Joint Resolution dated: ❑ NIMS Adoption dated: ❑ TRRN registration completed and resources entered ❑ Our legal documents are current & on file with GDEM, no additional action is required. ❑ Our NIMSCAST account is 100% compliant with all objectives and metrics. ❑ Progress Report #2 ❑ Ourjurisdiction completed & submitted to GDEM: ❑ Commissioners Court Order # (Apr. 1-Sept. 30) ❑ City Ordinance(s) for: ❑ Updated Joint Resolution dated: ❑ NIMS Adoption dated: ❑ TRRN registration completed and resources entered DEM-17A Page 1 of 6 11108 Mail completed form to: EMPG Program Administrator Preparedness Section Governors Division of Emergency Management Texas Department of Public Safety P O Box 4067 Austin, TX 78773-0223 VOLP30P3E TASK 3-PUBLIC EDUCATION/INFORMATION X Option 1: Our jurisdiction will conduct 30 hours of hazard awareness activities for local citizens. OR ❑ Option 2: Ourjurisdiction will prepare & distribute public educationlnformation X Work Plan materials to a substantial portion of the community. In the space below, describe the materials to be distributed: ❑ Our jurisdiction completed the following hazard awareness or public educationfinformation activities: ❑ Progress Report #1 (Oct.1-Mar. 31) ❑ Our jurisdiction completed the following hazard awareness or public educationfinformation activities: ❑Progress Report #2 (Apr. 1-Sept. 30) TASK 4-EMERGENCY MANAGEMENT PLANNING DOCUMENTS X Our jurisdiction reviewed our emergency management plan & annexes for currency and NIMS compliance. X Our emergency management plan and all annexes are current and NIMS compliant. X We will develop, update, or change these planning documents: X Basic Plan X Work Plan Annexes: ❑A ❑B ❑C ❑D ❑E ❑F ❑G ❑H ❑I ❑J ❑K ❑L ❑M ❑N ❑O ❑P XQ ❑R ❑S ❑T XU ❑V ❑ Other documents: NOTE: Plans & annexes dated prior to September 30, 2004, must be revised or updated this year. All Plans and Annexes must be NIMS compliant. ❑ Our jurisdiction reviewed our emergency management plan & annexes for currency and NIMS compliance. ❑ Our emergency management plan and all annexes are current and NIMS compliant ❑ Progress Report #1 ❑ We updated by revision or change these planning documents: ❑ Basic Plan (Oct. 1-Mar. 31) _ Anne❑O ❑P ❑Q ❑CR ❑S ❑T ❑FU ❑V❑H Ell ❑J ❑K ❑L ❑M ❑Other documents: ❑ Our jurisdiction reviewed our emergency management plan & annexes for currency and NIMS compliance. ❑ Our emergency management plan and all annexes are current and NIMS compliant ❑ Progress Report #2 ❑ We updated by revision or change these planning documents: ❑ Basic Plan EIG (Apr. 1-Sept. 30) ONe>OO ❑EIA P ❑Q ❑R EIS [IT [-]U ❑V❑H ❑I ❑J ❑K ❑L ❑M ❑ Other documents: DEM-17A Page 2 of 6 11/08 VOL i a3 t AGE~.~OZ TASK S--EXERCISE PARTICIPATION & SCHEDULE Our required three-year exercise schedule is listed below. We will conduct & report participation in a tabletop exercise and a functional or full-scale X Work Plan exercise this fiscal year or obtain exercise credit for actual events for these exercises. ❑ Our required exercise schedule includes make up exercises from FY NOTE: A Full-Scale exercise must be conducted eve three 3 ears. REQUIRED EXERCISE SCHEDULE Period Exercise Type Exercise Scenario' Quarter of Year X Tabletop ❑ NH ❑TH ❑ NS X TR ❑ HM X1 ❑ 2 ❑ 3 ❑ 4 Fiscal Year 2009 ❑ Functional ❑ NH ❑TH ❑ NS ❑ TR ❑ HM ❑ 1 ❑ 2 ❑ 3 4 (Oct. 2008-Sept. 2009) X Full-Scale NH TH NS X TR HM -00 1 X 2 ❑ 3 4 X Tabletop X NH ❑TH NS TR HM 1 2❑ 3 X 4 Fiscal Year 2010 X Functional NH TH NS TR X HM 1 2 ❑ 3 X 4 (Oct. 2009-Sept. 2010) ❑ Full-Scale ❑ NH ❑TH ❑ NS ❑ TR ❑ HM ❑ 1 ❑ 2 ❑ 3 4 X Tabletop NH TH NS X TR HM 1❑ 2 3 x 4 Fiscal Year 2011 X Functional X NH TH NS ❑ TR HM 1 ❑ 2 ❑ 3 X 4 (Oct. 2010-Sept. 2011) ❑ Full-Scale ❑ NH ❑TH ❑ NS ❑ TR ❑ HM ❑ 1 ❑ 2 ❑ 3 4 Our last Full-Scale exercise was conducted on date : 8/31/08 Scenario': NH 'Scenarios: NH=Natural Hazard, TH=Technol ical Hazard, NS=National Security, TR=Terrorism, HM=Public Health or Medical We conducted the following exercises and provided documentation to GDEM: Exercise Date # of Participants # of Jurisdictions ❑ Tabletop ❑ Functional ❑ Full-Scale ❑ Tabletop ❑ Progress Report #1 ❑ Functional ❑ Full-Scale (Oct. 1 -Mar. 31) El Tabletop ❑ Functional ❑ Full-Scale ❑ Our jurisdiction completed NO exercise and requested credit for an actual event. ❑ Our jurisdiction requested functional or full-scale exercise credit for an actual event on and our request ❑ is pending ❑ was approved and documentation of approval is attached. We conducted the followin exercises and provided documentation to GDEM: Exercise Date # of Participants # of Jurisdictions ❑ Tabletop ❑ Functional ❑ Full-Scale ❑ Tabletop ❑ Progress Report #2 ❑ Functional ❑ Full-Scale (Apr. 1-Sept. 30) ❑ Tabletop ❑ Functional ❑ Full-Scale ❑ Our jurisdiction completed NO exercise and requested credit for an actual event. ❑ Our jurisdiction requested functional or full-scale exercise credit for an actual event on and our request ❑ is pending ❑ was approved and documentation of approval is attached. DEM-17A Page 3 of 6 11 /08 VOLT ut t a013 TASK 6-TRAINING FOR EMERGENCY MANAGEMENT PERSONNEL EMPG-funded emergency management personnel will participate in the following training during FY 2009: Position/Name Course Name or Number EMC, Chuck Frazier L550-COOP Planning, Train the Trainer X Work Plan Deputy EMC, Michele Meade G265-Basic Instructional Skills Course Deputy EMC, Michele Meade G276-Resource Management Emergency management personnel completed the following training and documentation s attached: Position/Name Course Name or Number Date ❑ Progress Report #1 (Oct. 1-Mar. 31) Emergency management personnel completed the following training and documentation is attached: Position/Name Course Name or Number Date ❑ Progress Report #2 (Apr. 1-Sept. 30) DEM-17A Page 4 of 6 11/08 V®L Id3 PA^^UE oO TASK 7-EMERGENCY MANAGEMENT TRAINING FOR OTHER PERSONNEL X Work Plan Our jurisdiction will conduct or arrange emergency management related trainin for elected officials, other local officials, & support agencies. were tau ht or contracted: The followin formal training cou7C Date Course Title lass Description # Trained ❑ Progress Report #1 (Oct. 1-Mar. 31) The followin formal training courses were taught or contracted: Date Course Title Class Description # Trained ❑Progress Report #2 (Apr. 1-Sept. 30) TASK 8-EMERGENCY MANAGEMENT ORGANIZATIONAL DEVELOPMENT Our jurisdiction will participate in the following emergency management organizational development activities: Texas Homeland Security and Hurricane Conference; National Hurricane Conference; Brazos County X Work Plan LEPC; Brazos Valley Homeland Security Advisory Committee Our jurisdiction completed the following staff development activities: ❑ Progress Report #1 (Oct. 1-Mar. 31) Our jurisdiction completed the following staff development activities: ❑Progress Report #2 (Apr. 1-Sept. 30) DEM-17A Page 5 of 6 11108 VOLIA3PAGE a5 1 APPLICANT NAME: Brazos County REMARKS (Use an Additional Sheet if Necessary) . r DEM-17A Page 6 of 6 11/08 VOL.io13,i'AGE ~af~ N Y N N N O O 0 0 O O O N O 0 Y O (00 M N T O 001 } co N '0 0 06 m~ mm It mm 3 N V C6 D V >C_ 3 O O O 0 0 O O O N Y N N O 00 0 0 0 0 0 m m o w n d o o O O O N r N a m O O O m N n ~ N N mco n ~ N N O e» rn w tn» x~ O O O O O O O O O d y T~ O M` V T m 0 m r O L Y MM'- N~ TOO ~a U7 C 0000 m~ 10m It T W fl: 0 0 T M m N . 0 C m co O U co 10 O r U » f» to to en f» to ~vN 00 ~~o d O L L LL O O O 0 0 O O O N Y N N M m M V m } O C C O N N m O d N O O N aD o m (O f0 O U O_ Q N 0 us » w va w w U c°om v000 }0mz N M N N O N m o a (n N Om m O O O O m r N m m m 0 W m r m 0 E N N ¢ m N (p » f» » ea to w O N N N a T O O O Z ' mm 0 0 O N~ 1°0 °n N 00 N O OCi m O~ N TT N M ~ N M m U (A IA (A fA f9 b9 f0 N Y N 0 0 N r L w O O a m ~O N a L CO N 0 L O E O d O C N N C Y 0 C L O O IL z m N n m 0 OIL Z m m d N w a O O n O. of ~ v a 0 O mmmww N N N m m 00 '00. CO- w N N EEEaa mn O ~~EE E E V N N w Z r aao.O.a 000 0 c - i~0 yin ;g Em>> a0aaaaa ww oL) cn~o0 voila3 PA 9017 GE TABULATION SHEET EIGHT STATION SHOWER TRAILER BID 2009-46 A. COMFORTS OF HOME Amount of eight station shower trailer $36,900.00 Delivery Miles Charge per Mile $1.80 total $ 1,980.00 Optional Items $ 2.350.00 TOTAL FOR TRAILER $41,230.00 ESTIMATED DELIVERY DATE 5 WEEKS AFTER RECEIPT OF ORDER B. NELSON Amount of eight station shower trailer $39,087.90 Delivery Miles Charge per Mile $2.00 total $ 2,200.00 Optional Items $ 1 545.00 TOTAL FOR TRAILER $42 832.90 ESTIMATED DELIVERY DATE 6 to 8 WEEKS AFTER RECEIPT OF ORDER C. WELLS CARGO COG Amount of eight station shower trailer $49,900.00 Delivery Miles Charge per Mile $1_5'5 total $ 1,895.00 Optional Items $ 4,200.00 TOTAL FOR TRAILER $55,995.00 ESTIMATED DELIVERY DATE 45 DAYS AFTER RECEIPT OF ORDER Y®L193 'AP.Ea 9 D. AMS GLOBAL INC. Amount of eight station shower trailer $41,900.00 Delivery Miles Charge per Mile $1.55 total_ $ 1,892.00 Optional Items $ 3,730.00 TOTAL FOR TRAILER $47,522.00 ESTIMATED DELIVERY DATE 6 WEEKS AFTER RECEIPT OF ORDER E. TRIVAN TRUCK BODY TEXAS LLC Amount of eight station shower trailer %576 0.00 Delivery Miles Charge per Mile 0 total $ -0- Optional Items $ 2.885.00 TOTAL FOR TRAILER $60,575.00 ESTIMATED DELIVERY DATE 60 - 90 DAYS AFTER RECEIPT OF ORDER VENDOR: COMF TS OF OM APPROVED: Judge Rand Sims DATE: ~ U VOL I2,3'AGE aa~