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BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 20 OCTOBER 2009 AT 6:00 P.M. IN THE COMMISSIONERS
COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH
TEXAS AVENUE, SUITE 106, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance - Judge Sims.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 - 36:
3. Budget Amendment 08/09 - 54.1 thru 54.2.
4. Budget Amendment 09/10 - 2.1 thru 2.4.
5. Personnel Change of Status.
6. Payment in the amount of $1,173.66 to Texas Veterans Land Board for severance of
right of way parcel (0.275) on Dick Elliott Road to accommodate new right of way and
bridge replacement project.
7. Payment of Claims.
8. First year annual payment of $166,000.00 to the Texas A&M Institute of Preclinical
Studies in accordance with the County's Economic Development Agreement with
Texas A&M University and the Research Valley Partnership, Inc. (previously tablet!).
Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361-4503
Vol. --U- Pg.
s Commissioners Court Agenda
20 October 2009
Page 2
9. Order 09-016 dividing One Election Precinct and Combining into Another
Election Precinct.
Orden 09-016 para- Dividir un Precinto de Elecci6n y Combinarlo con otro
Precinto de Elecci6n.
10. Appointment of Theresa Mangapora to the Local Workforce Development Board as the
Community Based Organization representative; term of appointment is 10/30/2009 to
6/30/2012.
11. Contract with the Brazos County Emergency Communications District as the
emergency communications dispatching authority for the Brazos County Sheriff's
Office, the Brazos County Constables and the Volunteer Fire Departments; contract
term is 10/01/2009 through 9/30/2010.
12. Contract with Bell County for residential juvenile offender services; contract term is
9/01/2009 through 8/31/2010.
13. Memorandum of Agreement with Sentinel Offender Services for the electronic
monitoring program utilized by the Sheriff's Office; tern of this agreement is
10/01/2009 through 9/30/2010.
14. Contract with Ben Sanford & Associates, Inc for consulting services related to
telephone needs for the Exposition Complex Phase II and evaluation of the Expo's
existing telephone services.
15. Renewal of the Service Agreement with Commercial Electronics Corporation for the
audio and video interview equipment, software and hardware used by the Sheriffs
Office; term of the agreement is 10/1/2009 through 9/30/2010.
16. Renewal of the Online User Agreement with Entersect for online investigative database
services for the Sheriffs Office with no change in rate for FY2010.
17. Agreement with the Research Valley Partnership, Inc. as the agent to administer the
County's program for local economic development.
18. Request from the Environmental Health Services of the Brazos County Health
Department for permission to increase OSSF application fees from $300 to $400 for
residential and from $400 to $500 for commercial, effective I January 2010.
19. Request from W. W. Webber, LLC for permission to use approximately one acre at the
intersection between East Martin Luther King Jr. and Waco Street (to be fenced by W.
W. Webber) for placement of a temporary job trailer during the MLK/Old Reliance
bridge reconstruction project, effective immediately. Projected duration of this project
is 8-10 months beginning the first week of November. Site is located in Precinct 4.
20. Request from Information Technology for permission to reclassify the Senior Systems
Analyst position, Class 1216 from Group 32, Step 2 to Group 31, Step 4.
Vol. I al Pg.
Commissioners Court Agenda
20 October 2009
Page 3
21. Sub-recipient Agreement for the 2009 Homeland Security Grant Program.
22. Comprehensive Underage Drinking Enforcement Program grant agreement with the
Texas Department of Transportation for grant year two (2) of the three (3) year grant.
23. Renewal of the County's Stop Loss Insurance through Med jEx, effective 11/01/2009
with no increase in rates.
24. Chapter 59 Forfeiture Report for the County Attorney's Office for period 10/01/08
through 9/30/09.
25. Requisitions for the renewal of software support and maintenance, as submitted by the
Information Technology Dept.:
a. #00026237 in the amount of $16,150.00 to DynaSource for the LaserFiche
software;
b. #00026279 in the amount of $37,139.62 to SunGard for the Pentamation and
Informix software;
c. #00021199 in the amount of $14,040.00 to Service-Now.com, Inc. for the
Service-Now software;
d. #00026377 in the amount of $36,000.00 to SHI for the Novell Open Workgroup
suite software;
e. #00026251 in the amount of $7,849.44 to Hewlett-Packard for the data center
critical systems.
26. Requisition #00026269 in the amount of $9,750.00 to Managed Network Solutions for
annual internet service.
27. Tax Refund Applications for the following:
a. Ken E. Richardson
b. Susan M. Head Lyons
c. BAC Tax Services Corp.
d. Richard L. Shanor
28. Request from Jail Administration for permission to retain the vehicle identified as Unit
75 as a pool vehicle for the Crisis Intervention Team (CIT) at no cost to the County,
and with the understanding that if approved, no vehicle will be requested for CIT next
year.
29. Permission to advertise the following bids:
a. Bid #2010-09, Oversized Limestone Agregate;
b. Bid #2010-10, Asphalt and Emulsions.
30. Permission to add Net Near U to Brazos County's list of vendors who are exempt from
competitive bidding as per Statute 262.024(a)(11) for FY2010.
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Commissioners Court Agenda
20 October 2009
Page 4
31. Capital requisitions for the following:
a. #00026667 in the amount of $19,692.00 to Dallas Dodge for the purchase of a
vehicle for the Juvenile Services Dept.;
b. #00026664 in the amount of $18,145.00 to Interstate Trailers for the purchase of
a tag-along trailer for the Road & Bridge Dept.;
c. #00026661 in the amount of $21,562.00 to Planet Ford for the purchase of a
vehicle for the Pct. 3 Constable's Office;
d. #00026629 in the amount of $29,604.93 to Hart Intercivic, Inc. for the purchase
of a scanner, laptop, and desktop PC for election ballot purposes;
e. #00026662 in the amount of $104,016.00 for the purchase of dump truck for the
Road & Bridge Dept.;
f #00026633 in the amount of $840,300.00 to Mustang Machinery for the
purchase of a track loader, a tractor, and two (2) motorgraders for the Road &
Bridge Dept.;
g. manual capital requisition in the amount of $31,525.00 to B&C Body Company
for the purchase of a half-round end dump trailer for the Road & Bridge Dept.
32. Special Warranty Deed from Charles E. Todd and wife, Wanda Todd for bridge
replacement project on Dick Elliott Road located in Precinct 2.
33. Special Warranty Deed from Mervin Dansby Peters for improvements to Wilcox Lane
located in Precinct 2.
34. Request for permission to enter Charles Todd's property located off Dick Elliott Road
for the purpose of re-working a drainage channel for the health, safety and welfare of
the general public. Site is located in Precinct 2.
35. Convene into Executive Session pursuant to §551.071 of the Texas Government Code
for consultation with an attorney to discuss pending litigation.
36. Consider and possible action on the Executive Session
37. Announcement of interest items and possible future agenda topics.
38. Call for citizen input and/or concerns.
39. Agency / Board / Committee reports by Court members.
40. Adjourn
Vol. I pg. 4
Commissioners Court Agenda
20 October 2009
Page 5
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 I 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:
I. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly
posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published
agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court.
However, responses from the County Judge or Commissioners to unlisted public comment topics could become
deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners
Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to
correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future
agenda. See Texas Open Meetings Act §551.042.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102.
5 -
Vol,_ Pg.
COMMISSIONERS' COURT
REGULAR MEETING
OCTOBER 20, 2009
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners Courtroom in the
Brazos County Administration Building, 200 South Texas Avenue,
in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on
Tuesday, October 20, 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, Absent.
The attached sheet contains the names of the citizens and
officials that were in attendance.
The County Judge gave the invocation and led the pledge
of allegiance.
There was no citizen input/and or concerns.
The first matter before the Court was Budget Amendment
#08/09-54.1 through 54.2, which would reallocate funds for the
County Clerk Management Fund; transfer funds from Contingency
to Court Costs. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
Vol 9-7 Page co
Commissioners Court meeting October 20, 20009 2
the budget amendment as submitted, a copy of which is
attached.
The next matter before the Court was Budget Amendment
#09/10-2.1 through 2.4, which would reallocate funds for the
Justice Assistance -Bryne Grant, Non-Departmental; transfer
funds from Contingency to Brazos County Family Court Annex,
Court Support Costs. On motion by Commissioner Peters,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the budget amendment as submitted, a copy of which
is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the change of status as submitted.
The next matter for consideration was the payment of
$1,173.66 to Texas Veterans Land Board for severance of
right-of-way parcel (0.275) on Dick Elliott Road to
accommodate new right-of-way and bridge replacement project.
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the payment of
$1,173.66.
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Commissioners Court meeting October 20, 20009 3
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7067265 through 7067498
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
The next matter for consideration was the first year
annual payment of $166,000.00 to the Texas A&M Institute of
Preclinical Studies in accordance with the County's Economic
Development Agreement with Texas A&M University and the
Research Valley Partnership, Inc. Commissioner Peters asked
Bob Malaise, representative of the Research Valley
Partnership if we would be getting an accounting of how the
money contributed by Brazos County is spent. Mr. Malaise
responded that the County would. Commissioner Cauley had a
question asking if he was comfortable with regards to this
issue of us paying this money out. He replied that yes he
was. The County Judge pointed out that no property taxes
would be derived from this project, only jobs would be
generated, that the County would see no revenue. He stressed
again that the County is not getting anything out of it.
Commissioner Cauley moved to approve the payment.
Commissioner Mallard seconded the motion. Commissioners
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Commissioners Court meeting October 20, 20009 4
Wassermann, Peters, Mallard, and Cauley voted "Aye". The
County Judge voted "No". The motion to pay the $166,000.00
carried.
The next matter before the Court was consideration of an
Order Dividing One Election Precinct and Combining another
Election Precinct. The City of Bryan annexed 179.59 acres of
land in voting Precinct 7a on July 14, 2009. Section 42.007
for the Election Code states "a Commissioners Court can not
establish an election precinct containing territory inside a
city with a population of 10,000 or more and unincorporated
territory outside the city." In an effort to comply with the
City of Bryan city limit lines and the Texas Election Code it
is necessary to divide election precinct 7a and combine it
with Election Precinct 26. Election Precinct 26 will be
extended and follow the new City of Bryan city limit lines
and vote at the current polling location. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to adopt the Order to divide one
election precinct and combine it into another election
precinct and that submission be made to the Assistant
Attorney General, Civil Rights Division, Voting Section,
Department of Justice, Washington D. C. requesting the
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Commissioners Court meeting October 20, 20009 5
preclearance of this Order pursuant to Section 5 of the
Federal Voting Rights Act. A copy is attached.
The next matter before the Court was the appointment of
individuals to serve on the Local Workforce Development Board.
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to appoint Theresa
Mangapora, representing the Community Based Organizations. The
term is from October 30, 2009 through June 30, 2012.
The Court next considered an Agreement with the Brazos
County Emergency Communications District for emergency
communications dispatching services. Cost to Brazos County is
$693,003.00. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve the
contract with Brazos County Emergency Communications District
for emergency communications dispatching services for the
Brazos County Sheriff's Office,. the Brazos County Constables
and the Volunteer Fire Departments for the period of October 1,
2009 through September 30, 2010 and authorized the County Judge
to execute the document. A copy is attached.
The next matter before the Court was consideration of a
contract for residential juvenile offenders with Bell County
Juvenile Board. Costs to Brazos County are as follows:
General Offender $95/per day/per child
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0
Commissioners Court meeting October 20, 20009 6
Sex Offender $105/per day/per child
The term of the contract is for twelve months effective from
the date of signing. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously to
approve the contract with Bell County Juvenile Board and
authorized the County Judge to execute the document. A copy is
attached.
The next matter before the Court was consideration of a
Memorandum of Agreement between Brazos County, the Brazos
County Office of the Sheriff and Sentinel Offender Services for
electronic monitoring and GPS equipment that is to be used by
participants. The costs are assumed by the participants and
are based on a sliding scale fee assessment of gross household
income. The term of the Agreement is from October 1, 2009
through September 30, 2010. On motion by Commissioner Cauley,
seconded by Commissioner Peters, the Court voted unanimously to
approve the Memorandum of Agreement and authorized the County
Judge to execute the document. A copy is attached.
The Court next considered approval of a telephone
consultant for the Exposition Complex. Pat Howard, Purchasing
Agent recommended the contracted submitted by Ben Sanford &
Associates, Inc. Cost to Brazos County will be hourly fees of
$125 and automobile travel reimbursement will be at $.55 per
Vol I , O Page . I I
Commissioners Court meeting October 20, 20009 7
mile. It is estimated that services shall not exceed $5,700.
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to accept the
recommendation of the Purchasing Agent and approve the contract
with Ben Sanford & Associates, Inc. and authorized the County
Judge to execute the document. A copy is attached.
The next matter for consideration was the renewal of the
Service Agreement with iRecord for Audio and Video Interview
Software and Hardware Products. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to table consideration at the request of Tina
Snelling, Civil Counsel to allow her time to review information
from the Sheriff's Office.
The Court next considered the renewal of the Online User
Agreement with Entersect for online investigative database
services for the Sheriff's office with no change in the rate
for FY2010. The renewal cost is $900. On motion by
Commissioner Peters, seconded by Commissioner Cauley, the Court
voted unanimously to approve the renewal. A copy is attached.
The next matter for consideration was an Agreement with
the Research Valley Partnership, Inc. to administer the
County's program for local economic development. Cost to Brazos
County is $471,654.00. The term of the agreement is for one
Vol I a7 page f a.
Commissioners Court meeting October 20, 20009 8
year effective October 1, 2009 and ending on September 30,
2010. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the Research Valley Partnership agreement and authorized the
County Judge to execute the document. A copy is attached.
The Court next considered a request from the Environmental
Health Services of the Brazos County Health department for
permission to increase OSSF application fees from $300 to $400
for residential and from $400 to $500 for commercial. This is
necessitated due to increases in cost of services. On motion
by Commissioner Peters, seconded by Commissioner Mallard, the
Court voted unanimously to approve the request to increase OSSF
fees effective January 1, 2010.
The next matter for consideration was a request from W. W.
Webber, LC for permission to use approximately one acre at the
intersection between East Martin Luther King, Jr. and Waco
Street for the placement of a temporary job trailer during the
MLK/Old Reliance bridge reconstruction project. The projected
duration of the job is 8-10 months and will begin the first
week of November. Commissioner Mallard asked about liability
coverage. On motion by Commissioner Wassermann, seconded by
Commissioner Cauley, the Court voted unanimously to approve
subject to an indemnity clause and proof of liability
Vol I X7 Page 13
Commissioners Court meeting October 20, 20009 9
insurance.
The Court next considered a request from the Information
Technology Department to reclassify the Senior Systems Analyst
position Class 1216 from Group 32, Step 2 to Group 31, Step 4.
There is no change in funding. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the reclassification.
The next matter for consideration was approval of a sub-
recipient agreement for the 2009 Homeland Security Grant
Program. This is an award amount of $188,047.06. On motion by
Commissioner Mallard, seconded by Commissioner Peters, the
Court voted unanimously to approve the Agreement, accept the
grant funds and authorized the County Judge to execute the
documents. A copy is attached.
The Court next considered a request from the County
Attorney for the Court to re-approve and sign the
"Comprehensive underage drinking Enforcement Program" grant
agreement with the Texas Department of Transportation. This is
grant year 2 of the three year grant. The budget for grant
year 2 had to be amended due to the change in paying the peace
officers and video recorders that work the minor sting
sessions. This year the grant is funded 53.3500 with Federal
Funds and 46.65°0 Brazos County matching funds. On motion by
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Commissioners Court meeting October 20, 20009 10
Commissioner Wassermann, seconded by Commissioner Cauley, the
Court voted unanimously to re-approve the grant agreement and
authorized the County Judge to execute the document. A copy is
attached.
The Court next considered the renewal of the County's Stop
Loss Insurance through Med Ex. There will be no increase in
the rates from the previous year. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the renewal of the Stop Loss Insurance
effective November 1, 2009.
The next matter for consideration was a request from the
County Attorney's office for approval of the Chapter 59
Forfeiture Report for the period of October 1, 2008 through
September 30, 2009. The County Attorney's office is required
to file this report annually with the Attorney General's
Office. on motion by Commissioner Peters, seconded by
commissioner Wassermann, the Court voted unanimously to approve
the request. Total amount of funds forfeited is $720.00.
The Court next considered the following requisitions
submitted by the Information Technology Department for the
renewal of software support and maintenance:
a. requisition number 000262377 for $16,150 to
DynaSource for renewal of support and
maintenance for e the LaserFiche software.
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Commissioners Court meeting October 20, 20009 11
b. Requisition number 00026279 for $37,139.62 to
SunGuard for renewal of support and maintenance
for our Pentamation and Informix Software.
C. Requisition number 00021199 for $14,040.00 to
Service Now.com, Inc, for renewal of support and
maintenance for our Service-Now software.
d. Requisition number 0026377 for $36,000.00 to SHI
for renewal of support and maintenance for the
Novell Open Workgroup suite of software.
e. Requisition 00026251 for $7,849.44 to Hewlett-
Packard for renewal of support and maintenance
of the critical systems in our data center.
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve requisitions A
through E.
The Court proceeded to consider requisition number
00026269 in the amount of $9,750.00 to Managed Network
Solutions for annual internet service. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the Court
voted unanimously to approve the requisition.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a) Ken E. Richardson, over Payment $21.27
b) Susan M. Head Lyons, over Payment $257.59
c) BAC Tax Services Corp., over payment $1,312.45
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Commissioners Court meeting October 20, 20009 12
d) Richard L. Shanor, over payment $22.05
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
applications.
The Court next considered a request from the Jail
Administrator for approval to retain an additional vehicle as a
pool vehicle for the Crisis Intervention Team (CIT). On motion
by the County Judge, seconded by Commissioner Cauley, the Court
voted unanimously to approve the request from the Jail
Administrator with the understanding that, no vehicle will be
requested for CIT next year.
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 2010-09, Oversized Limestone
Aggregate and Bid 2010-1-, Asphalt and Emulsion. On motion by
Commissioner Wassermann, seconded by Commissioner Cauley, the
Court voted unanimously to authorize the Purchasing Agent to
advertise for bids for oversized limestone aggregate and
asphalt and emulsion.
The Court next considered an Exemption from Competitive
Bidding Requirements of Local Government Code, Section
262.024(a)(11). Net Near U wrote the TRACKOS software that is
deployed with the wireless online legal library and public
wireless internet access. The Commissioners, Court determined
Vol I X-7 Page ( 7
Commissioners Court meeting October 20, 20009 13
that this was a single source supplier. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the Court
voted unanimously to approve the Exemption of Competitive
Bidding Requirements and authorized the payment of $200 per
month for fiscal year 2010.
The Court proceeded to consider the following
requisitions:
a. #00026667 in the amount of $19,692.00 to Dallas
Dodge to purchase a Dodge Charger for Juvenile
Services.
b. #00026664 in the amount of $18,145.00 to
Interstate Trailers Inc. for the purchase of a
Tag-Along Trailer with beaver tail ramps for the
Road and Bridge Department.
C. 400026661 in the amount of $21,652.00 to Planet
Ford for the purchase of a 2010 Ford Crown Vic
for the Brazos County Constable, Precinct 3.
d. #00026629 in the amount of $29,604.93 to Hart
Intercivic, Inc. for the purchase of a scanner,
laptop and desktop pc for the County Clerk's
Office.
e. #00026662 in the amount of $104,016.00 to East
Texas MACK Sales, L.L.C. for the purchase of a
2009 MACK GU713 Truck for the Road and Bridge
Department.
f. #00026633 in the amount of $840,300.00 to
Mustang Machinery Co. LTD for the purchase of
one (1) CAT 953 Track Loader, CAT DGN LGP Series
II Track Loader and two (2) CAT 12M Motor
Graders for the Brazos County Road and Bridge
Department.
g. Manual requisition in the amount of $31,525.00
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Commissioners Court meeting October 20, 20009 14
to B&C Body Company for the purchase of a Half
Round End Dump for the Brazos County Road and
Bridge Department.
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve requisitions
A through G.
The Court next considered acceptance of a. Special
Warranty Deed for right-of-way on Dick Elliott 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 Charles E. Todd and wife
Wanda Todd for the expansion and improvements to Dick Elliott
Road.
The Court next considered acceptance of a Special Warranty
Deed for right-of-way on Wilcox Lane in Precinct 2. The County
Judge made the motion to accept the special warranty deed.
Commissioner Wassermann seconded the motion. Commissioners
Wassermann, Mallard, Cauley and the County Judge voted "Aye".
Commissioner Peters abstained. The motion carried to authorize
the County Judge to accept on behalf of Brazos County a Special
Warranty Deed from Mervin Dansby Peters for the expansion and
improvements to Wilcox Lane.
The Court next considered authorizing work outside of
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Commissioners Court meeting October 20, 20009 15
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Charles Todd on
Dick Elliott Road in Precinct 2 to re-work a drainage channel.
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to authorize the work.
At 6:25 p.m. the County Judge announced the meeting closed
to the public so that the Court could meet in Closed Executive
Session to discuss pending litigation as allowed under Section
551.071 of the Texas Government Code. Bill Ballard, Civil
Attorney, Debbie Lockledge, Administrative Assistant, Candy
Gallego, Executive Assistant, Tina Snelling, Civil Counsel, and
Irene Jett, Budget Officer were asked to stay.
At 7:41 a.m. the County Judge announced the meeting open
to the public and announced that no action would be taken on
the Closed Executive Session.
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner mallard
a) Said that he had an issue with Road &
Bridge shredding trees with the boom
mower. We need to look at a better
way at doing this. Perhaps a workshop
would be needed.
There was no citizen input and/or concerns.
Vol I a7 Page al
Commissioners Court meeting October 20, 20009 16
There were no Agency/Board/Committee reports by Court
members.
There being no further business to come before the
Court, the meeting was adjourned.
Vol 1 d-I Page
The foregoing minutes of the Commissioners Court meeting held
October 20, 2009 have been examined and are approved in open
Court this the day of ~1~nr1¢r 2009, in Bryan,
Brazos County, Texas.
Randy Si Lloassermann
County udge Commissioner, Precinct 1
w _
Duane Peters Kenny Mallar
Commissioner, Precinct 2 Commissioner, Precinct 3
Irm Caule
Commissioner, Pre n t 4
Attest:
/~4~~
Karen McQueen
County Clerk
Vol l a-7 Page a°2'
PSLof-
BRAZOS COUTY
COMMISSIONER'S COURT
DAY OF , 2069
Name Organization
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BRAZOS COU a IY
COMMISSIONER'S COURT
DAY OF 20
Name Organization
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Vol. 1 a"7 Pg °Z
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09 - 54.1 thru 54.2
On this the 20th day of October 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 20 October 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 20ih day of October 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By.
Randy Si ,County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
5
Vol. I a`1 Pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 54.1
10/1312009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
2000 21005000 61680000 CR Training 7.73
2000 21005000 72590000 DR Professional Fees - Other 7.73
County Clerk Management Fund
To reallocate funds to allow for the ayment of an invoice that was over the amount in the bud et line item.
DepartmentrApprova,~"~µ"~~-'Date~~.~~`,
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 54.2
10/13/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency -General Fund 25,200.00
0100 11010000 61020000 DR Autos 5,500.00
0100 11010000 72205000 DR Crt Appointed Att s - 85th DC 19,700.00
General Fund Contingency
To reallocate funds to allow for the a ment of auto pies and court appointed attome s for fiscal year 2009.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2009-2010 BUDGET YEAR
NO. 09/10 - 2.1 thru 2.4
On this the 20`x' day of October 2009 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct I
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 20 October 2009 the Court heard and approved a budget amendment for the
2009-2010 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 21 September 2009, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 20`h day of October 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By: L
Randy ms, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. °1~ pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 2.1
1012012009
FUND DIV ACCT PROJ DRlCR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 2,965.00
0100 22900100 60360000 DR Fumiture 2,965.00
General Fund Contingency and Brazos County Family Court Annex
To reallocate funds to allow for the purchase of furniture for the Brazo County Family Court Annex.
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Vol. a Pg. a`1
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 2.2
10120/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
3000 288000 67286000 CR Equipment- Other 1,200.00
3000 288000 80286000 DR Equipment - Other 1,200.00
Justice Assistance-Byrne Grant
To reallocate funds to allow for additional software need after review of the evidence management system.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 2.3
1012012009
FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 2,194.00
0100 11010000 51642000 DR Visiting Bailiffs 2,000.00
0100 11010000 53100000 DR Social Security 153.00
0100 11010000 53800000 DR Worker's Compensation 41.00
General Fund Contingency and Court Support Costs:
To reallocate funds for a visiting bailiff in the Court Support Cost department that was not included during the budget process.
The position was overlooked during the proposed budget and was approved without being correctly added back.
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Vol. JL71 pg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 2.4
10/2012009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11000500 65320000 CR Equipment Maintenance 48.00
0100 11000500 71500000 DR Rental Equipment 48.00
Non Departmental:
To reallocate funds to allow for the a ment of the rental on the postage machine.
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Vol. 1 a7
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: October 20, 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
JP 4 Garcia, Mary Budget Change
Juvenile Services - Administration Shea, Anke Resignation
Juvenile Services - Detention Tyler, Kandice Resignation
Juvenile Services - TJPC - State Aid Adepoju, Ibukun State Stipend
SO - Jail Figueroa, Matthew New Hire
Tax Office Regan, Connie Resignation
Approved in Commissioners' Court: October 20 2009:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
vol. I2-7 33
ORDER DIVIDING ONE ELECTION PRECINCT AND
COMBINING INTO ANOTHER ELECTION PRECINCT
WHEREAS, the City of Bryan approved Ordinance # 1817 annexing 179.59 acres
of land located in Voting Precinct 7a on July 14, 2009; and
WHEREAS, the new boundary lines of the City of Bryan do not follow the
existing election precinct lines created by Brazos County; and
WHEREAS, Section 42.007 states "A commissioners court may not establish a
county election precinct containing territory inside a city with a population or 10,000 or
more and unincorporated territory outside the city"; and
WHEREAS, the Commissioner's Court is desirous of complying with the City of
Bryan city limit lines, and the Texas Election Code; and
WHEREAS, compliance with the Texas Election Code requires the division of
one (1) voting precinct and combining the annexed portion into another voting precinct;
and
WHEREAS, Section 42.008 (1) of the Texas Election Code provides for
combining election precincts;
NOW THEREFOR BE IT RESOLVED BY THE COIvMSSIONERS COURT
OF BRAZOS COUNTY, TEXAS, that
Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 7a
be divided to follow the City of Bryan city limit lines in Brazos County, Texas, to wit:
1. Election Precinct 7a be divided and be combined with Election Precinct 26;
2. Election Precinct 26 be extended to follow the new City of Bryan city limit
lines and vote at the current polling location;
3. 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
Order 09-016
Vol. l a~ Pg
ADOPTED this day of.j2009 by a vote of ,S AYES
and NAYS.
R Sims, County Judge
ATTEST:
Karen McQueen, County Clerk
Vol. t a 7 pg. Order 09-016
AGREEMENT
THIS AGREEMENT is entered into this day of Z)C(L)~r-~ 2009, by and
between BRAZOS COUNTY, Texas (County) and the Brazos County Emergency
Communications District (District) pursuant to the authority of the Texas Interlocal
Government Cooperation Act, Chapter 791 of the Texas Government Code.
WHEREAS, pursuant to Texas Emergency Telephone Number Act, Section
722.301, et. seq., of the Texas Health and Safety Code, the District has been formed and is,
a political subdivision of the State of Texas; and,
WHEREAS, Brazos County is a political subdivision of the State of Texas
authorized to enter into interlocal cooperative governmental agreements; and,
WHEREAS, the Brazos County Commissioners in public meeting found that it is
mutually beneficial for the County and the District to enter into an agreement for the
District to perform for the County, Emergency Communications Services Dispatching;
NOW THEREFORE; IN CONSIDERATION of the mutual promises to each other
made hereinafter, the undersigned parties agree as follows:
Effective October 1, 2009 the District is hereby appointed the emergency
communications dispatching authority for the Brazos County Sheriffs Office, the Brazos
County Constables and the Volunteer Fire Departments for the period October 1, 2009,
through and including September 30, 2010. The District shall, in dispatching emergency
service units of the County, do so in accordance with the policies and procedures
developed by the Sheriffs office, the Brazos County Constables and the Volunteer Fire
Departments to respond to such directives. Any changes, alterations or revisions of such
policies and procedures by any of these County offices during the term of the Agreement
shall be made in consultation with the District. No such changes, additions or alterations
shall be made without the consent of the District, which shall not be unreasonably
withheld or conditioned.
Agreement
Page 1 0 4 10
Vol. 1 1r g.
The County will provide the District access to the County's Law Enforcement
Computer System to facilitate Law Enforcement Officers requests. for warrant
information.
The County agrees to pay and the District agrees to accept as compensation for the
services provided a flat fee of $693,003.00 (SIX HUNDRED NINETY THREE
THOUSAND, AND THREE DOLLARS), payable in twelve monthly installments.
Should additional or expanded services be requested by the County during the term of this
Agreement, the parties agree to adjust the fee to accommodate such change. The County
shall pay the full amount due within thirty days of invoice from the District. All payments
shall be subject to the Texas Prompt Payment Act. Should there arise any dispute,
disputed amounts shall be deposited in a mutually agreed upon escrow account until a
resolution.
The District shall encumber and hold in reserve a fund equal to three (3) months
operating expenses. This reserve balance shall be reported to the Board of Managers on
the District's monthly financial statements.
The District shall furnish to the County Auditor, at a minimum, documentation
indicating the use of funds received from the County. The County's Auditor may require
the District to provide information necessary for the Auditor to properly account for all
funds expended or received by the District.
The parties acknowledge that each has an interest in the Computer Aided Dispatch
("CAD") records created and maintained by the District in the course of acting as the
dispatching authority for the County Sheriffs Office, Brazos County Constables and the
Volunteer Fire Departments. Such CAD records shall be maintained, retained and
disclosed in accordance with applicable State law and policies and procedures developed
by the District and the County. The currently existing policies and procedures agreed to by
the parties provide for a seven (7) year retention period for CAD records.
District employees shall not be considered as County employees.
The County and the District understand and agree to be subject to all the laws,
ordinances and regulations which govern and affect Emergency Communications
Agreement
Vol. I Page 2 ~4 3 7
g.
Dispatching and National Crime Information Computer network telecommunications as
promulgated by the State of Texas or the United States Government or any of its
appropriate Agencies, such as the Texas Department of Public Safety or the Federal
Bureau of Investigation.
This agreement is made in accordance with the Texas Emergency Telephone
Number Act, Section 772.301 et. seq., of the Texas Health and Safety Code.
Each of the parties to this agreement agrees to hold the other harmless to the extent
of its respective duties undertaken herein and/or for any and all claims of whatsoever
nature or kind, which may arise as a result of that party's fulfillment of this agreement.
Each party hereby empowers and authorizes its Chief Administrative Officer to be
signatory agent for any required documentation to implement the intent of this Agreement.
This agreement contains all of the commitments and covenants of the parties and
any oral or written promises not contained herein shall have no force or effect to alter any
term or condition of this agreement.
This agreement may be terminated by either party upon 90 days advance written
notice to the non-terminating party as set forth below. In the event of termination, the fee
payable by the County to the District shall be pro-rated to the date of termination.
All notices sent pursuant to this Agreement shall be in writing and may be hand
delivered or sent registered or certified mail, postage prepaid, return receipt requested, to
each party as set below:
Brazos County Emergency Communications District
Executive Director
PO Box 911
Bryan, Texas 77806
Brazos County
County Judge
200 South Texas Ave, Suite 332
Bryan, Texas 77803
Agreement
Page 3 of 4
Vol. Pg
This agreement may only be modified or amended in writing by the mutual consent
of the parties with said modification being attached to and incorporated into this
agreement by this reference for all purposes.
SIGNED this )JL day of O,pt)p_r 2009.
BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT
Ronald G. Mayw m, hairman Board of Managers
ATTE
Greta Norton, Recording Secretary
BRAZOS C NTY, TE
Randy Sims, Br os County Judge
ATTEST:
Karen McQueen, Brazos County Clerk
Agreement
~-7 Page 4 of 4
Vol. Pg.
STATE OF TEXAS }
} Contract For Residential Juvenile Offender Services
COUNTY OF BELL }
This contract and agreement is entered into by and between the Bell County. Juvenile Board
("Bell County") and the county of Brazos ("Contracting County"), acting by and trough their respective
duly authorized representatives, to be effective from September 1, 2009, through August 31, 2010,
pursuant to its provisions.
Purpose
1. This contract and agreement is entered into for the purpose of placement by
Contracting County of children alleged to have committed acts of delinquency or acts indicating
a need for supervision, as ordered by a Juvenile Court, into Bell County's juvenile detention
facility, whether said children are in pre-adjudicated, pre-dispositional, or post-dispositional
status as prescribed by an appropriate court.
2. In accordance with this agreement, Bell County shall provide both a short-term
detention facility and/or a long-term residential treatment program in compliance with applicable Texas
Juvenile Probation Commission standards and regulations.
3. Bell County will accept any child, as qualified hereunder, in its facility without
regard to said child's religion, creed, race, color, sex, or national origin, nor discriminate against
any child on such basis.
Services Provided
1. Bell County will provide room, board, 24-hour per day supervision and care in
accordance with applicable laws, state or federal. In addition, Bell County will provide
program components, at a minimum, will include Texas Education Agency-approved
educational programs, appropriate counseling programs, and process groups. Additional
programs under the long-term residential program will include anger management, life
skills, and substance abuse components, as required. Specific goals and outputs will be
identified for each long term resident, and measurable outcomes relating to established
program objectives will be documented.
2. In addition, Bell County will be responsible for medical examinations within the
facility for said children, as necessary, and/or treatment and/or hospitalization outside the
facility, with prior written approval of Contracting County, if feasible, also as necessary. if
emergency examination, treatment and/or hospitalization of a child under this agreement is
required, Bell County, or its agent is authorized to secure said medical services, or transfer
to other tertiary care centers, at the expense of Contracting County, and Contracting County
agrees to indemnify and hold harmless Bell County, its representatives, agents, and
employees from any and all liability for charges for reasonable and necessary medical
Vol. Pg.
treatment, examination, and/or hospitalization. Bell County, or its designee, shall notify the
appropriate county and parent/guardian of such emergency within twenty-four (24) hours
of its occurrence.
3. Contracting County will be permitted to periodically examine and evaluate both
the facilities, programs, and appropriate records maintained by Bell County and provided
under the terms of this agreement, including on-site visitation, observation of programs in
operation, and interviews with the children placed by said county.
4. Bell County will provide to Contracting County such information on children
placed with the facility by said county as requested on forms to be provided by Contracting
County. Bell County shall maintain strict confidentiality of all information and records
relating to said children except as may be otherwise required by law or to the extent
necessary to further performance of services under this agreement.
Terms
1. The term of this contract shall be twelve (12) months from the effective date of
this agreement.
2. Either party may terminate this contract and agreement for any reason by
notifying the other party in writing, ten (10) days. in advance, by certified delivery or
personal delivery to the other party's principal address, or the intention to terminate the
contract. Contracting County shall remove all children placed in the facility on or before the
termination date.
3. At a minimum any juvenile court order which children are placed in the
detention facility shall require the child to follow all rules and regulations relating to
conduct, as fixed and determined by Bell County and/or the staff of the facility. The child
shall be removed on or before the date any such order expires.
4. If a child, after his or her placement, and in the sole judgment of Bell County, or
its agent, is found or reasonably believing to be mentally and/or physically unfit, dangerous,
unmanageable, unsuitable for a given program, or a combination of such conditions or
characteristics, or whose mental or physical health condition would or might endanger the
child or other occupants of the facility, then upon notice to the Contracting County, the
Contracting County shall remove or cause to be removed said from the facility.
5. It is specifically understood that acceptance of any child in the facility will be
determined on a space available basis, and that children placed in the facility by Bell County
shall receive priority. Contracting County shall call Bell County prior to transporting a child
to Bell County's facility to ensure that space is available. Children referred for long-term
placement shall complete the necessary referral process prior to placement. In the event
that maximum capacity of occupation of the facility is reached, Bell County has the right,
Vol. pg. I
and Contracting County agrees, to ask that Contracting County remove whatever number of
children that it has placed in the facility necessary to maintain a proper occupancy rate,. and
Contracting County shall immediately remove whatever number of children is requested to
be removed. Contracting County may reserve Post-Residential space in the facility.
6. Bell County shall adhere to all applicable state and federal laws and regulations
pertinent to the services offered herein, including the standards promulgated by the Texas
Juvenile Probation Commission.
7. A copy of the appropriate juvenile court order for any child placed with the
facility shall be provided Bell County at the time the child is transported to the facility, as
well as all appropriate pre- and post-adjudication paperwork as required by the Texas
Juvenile Probation Commission, or it successor agency.
8. Bell County will give Contracting County at least ten (10) days notice prior to
discharging a child, except in circumstances in which the child is determined to be a danger
to self or others in which the child shall be immediately and timely removed from the
facility by Contracting County.
9. Any furlough of a child placed in the facility with a parent, guardian, custodian,
or other responsible adult shall be allowed only with the prior written permission of
Contracting County or other appropriate juvenile court.
10. It is understood and agreed that a child placed in the facility shall not be
discharged therefrom without receipt by Bell County of a properly certified order signed by
the judge having juvenile jurisdiction and Contracting County, or proper written
authorization of the Juvenile Probation Department initially detaining the child.
11. Bell County shall report any allegation or incident of abuse, exploitation, or
neglect of any child in the facility, whether or not placed by Contracting County, within
twenty-four (24) hours from the time the allegation is made to a local law enforcement
agency, the Texas Juvenile Probation Commission, and Contracting County.
12. Bell County certifies that its employees comply with all standards allowing direct
contact with children within the facility, including criminal history background, and have not
been the subject of any investigation by a regulatory or law enforcement agency causing a
reason to believe possible abuse, neglect, or exploitation of a child. It further certifies that
no registered sex offender, whether a subcontractor or employee, or agent thereof, shall be
in contact with any child held in the facility.
13. To the extent permitted by law, Contracting County agrees to indemnify and
hold harmless Bell County, its officers, agents, and employees from all suits, actions, losses,
damages, claims, or liability of any character, type, or description, including, without
limiting the generality person, or injury to property, received or sustained by any person or
vol. l ~7 Pg F'01-
persons or property, arising out of, or occasioned by, directly or indirectly, the negligent
acts or omissions, if any, of Bell County, its.agents, servants, employees, consultants, or
invitees, in the execution or performance of this agreement.
Compensation and Payment
1. Contracting County agrees to pay Bell County the sum of $95.00 per day for each
child placed in Bell County Detention Facility as a general offender. Contracting County
agrees to pay $105.00 per day for each child placed in the facility as a sex offender.
2. Contracting County further agrees to pay or reimburse Bell County for any
expenditure incurred as a result of medical or dental examination, treatment, or
hospitalization of any child placed with the facility.
3. Bell County shall monthly invoice Contracting County for payment and
reimbursement under this agreement, and Contracting County agrees to make timely
payment. Bell County shall maintain all applicable records for a minimum of three (3) years
or until any pending audits or other questions arising therefrom have been resolved. Bell
County shall account separately for the receipt and expenditure of any and all funds
received under this agreement.
4. Acceptance of funds under this agreement 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 funds expended or received by Bell County. Both parties agree to
cooperate fully with the State Auditor's Office or successor and the conduct of such audit or
investigation, including.the provision of all records requested. Bell County will require the
same agreement to cooperate on the part of any subcontractors that may provide related
services to Bell County.
Miscellaneous
1. No provision of this contract and agreement may be assigned without the prior
written consent of the parties thereto.
2. The parties agree that this agreement and contract constitutes the sole and only
agreement of the parties hereto, that it supersedes any prior agreement or understanding
regarding the subject matter within, and no provision of this agreement may be revised or
amended without the written agreement of both parties.
3. In the event of any legal action arising under this agreement, the laws of Texas
shall apply and venue shall be in Bell County, Texas.
4. All notices to the Bell County Juvenile Department shall be sent to: 4800 E.
Rancier, Killeen, Texas, 76543. All notices to Contracting County shall be to 1904 W. SH 21,
vol. P~
Bryan,.Texas 77803 to the Executive Director, Douglas Vance. Further each notice will be sent by
certified or registered mail, addressed to 200 South Texas Avenue, Suite 332, Bryan, Texas 77803 to
the Office of the County Judge, Randy Sims. All notices shall be sent via telefacsimile, certified
and/or registered mail.
5. The parties expressly agree that no provision of this Agreement is in any way intended
to constitute a waiver or any immunities from suit or from liability that either party has by operation
of law. Nothing in this Agreement is intended to benefit any third party beneficiary.
Effective Date : September 1, 2009.
Chairman, Juvenile Board County Jud
Bell County Brazos C my
Juvenile Court Judge Doug Vance, P D, xecutive Director
Bell County Brazos County Juvenile Probation
Vol. a 7 1Fg. `t'~
l "
L.
vol. a~ P~
MEMORANDUM OF AGREEMENT between
BRAZOS COUNTY and
BRAZOS COUNTY OFFICE OF THE SHERIFF and
SENTINEL OFFENDER SERVICES
RECITALS
This MEMORANDUM OF AGREEMENT ("Agreement") dated as of October 1, 2009 is
entered into by and between Sentinel Offender Services, LLC, a Delaware limited liability
company ("Sentinel"), having its principal place of business at 220 Technology Drive, Suite
200, Irvine, California 92618, and Brazos County ("County") having its principal place of
business at 200 South Texas Ave., Suite 332, Bryan, Texas 77803 and the Brazos County
Office of the Sheriff ("Sheriff') having its principal place of business at 200 San Jacinto,
Suite 332, Bryan, Texas 77803.
A. Sentinel is engaged in the business of providing the Services (as defined at
Exhibit "A") to community correctional entities.
B. Brazos County desires to supervise a certain portion of their offenders in an
Electronic Monitoring (EM) program consisting of one or more of the following technologies;
Global Positioning Satellite (GPS), Radio Frequency (RF), Remote Alcohol Testing. When
using the technology, Brazos County desires that Sentinel shall be responsible for all
supervision and tracking, including without limitation, in the case of GPS services, monitoring
the offender through one of the (3) three different levels of monitoring provided by the
company.
C. Brazos County Commissioners Court is authorized under Section 351.904,
Local Government Code to enter into this Agreement with Sentinel, a private vendor,
provided the defendant/participant has not been placed on community supervision.
D. Brazos County Commissioners Court is authorized under Section 351.904,
Local Government Code to provide that the Brazos County Sheriff oversee the operation of
the electronic monitoring program established by this Agreement
D. Sentinel and County desire to enter into a relationship whereby Sentinel shall
provide the Services to Offenders sentenced by its Courts within the County on the terms and
subject to the conditions set forth herein including certain payments and considerations.
E. Brazos County and Sheriff desire to. enter into a relationship whereby the
Sheriff shall oversee the operation of the electronic monitoring program established by this
agreement.
NOW THEREFORE, in consideration of the above recitals and in consideration of the
mutual agreements and undertakings set forth below, and other good and valuable
1 L(
Vol. ~ ;)-7 Pg=
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree
as follows:
Brazos County, the Brazos County Office of the Sheriff and Sentinel Offender
Services enter into this agreement whereby Sentinel Offender Services shall administer an
Offender Funded Electronic Monitoring Program to Participants in accordance with the terms
and conditions of this MOA. The Brazos County Office of the Sheriff shall oversee the
operation of this Agreement.
DEFINITIONS
OFFENDER FUNDED ELECTRONIC MONITORING PROGRAM ("PROGRAM"): The
non-institutional supervision of certain Brazos County inmates ('Participants") by Global
Positioning System (GPS), Radio Frequency (RF) or other technologies. The Program is
entirely funded by the Participant.
PARTICIPANT: A person sentenced by a Court to a term in the Brazos County Jail for a
period up to one year who qualifies and is allowed to' participate in the Brazos County
Program.
COURT(S): The Judges or Magistrates serving Brazos County District Courts (85th, 272nd,
361st) or County Courts at Law Xs 1 and 2.
SERVICES PERFORMED BY SENTINEL
During the Term, Sentinel shall provide to Participants the services described at
Exhibit "A" attached hereto (the "Services"). Sentinel shall provide.the Services by qualified
personnel in a professional manner.
FEES
Sentinel agrees to charge Participants a fee in accordance with "Exhibit B" attached
below. The County shall approve the fee assessment scale used by Sentinel.
TERM
This Agreement is effective as of October 1, 2009, and shall continue in full force and
effect until September 30, 2010.
MANAGEMENT OF THE PROGRAM
Officer of the Sheriff Jail Administrator Wayne Dicky or his designee shall oversee the
operation of this Program and shall manage this program by the general guidelines found
herein.
vol. l27 2 Pg y_7
Electronic Monitoring services shall be provided to all Participants referred by the
Courts unless otherwise agreed upon in writing.
Participants in this program shall pay the Company at a rate derived from a sliding
scale fee assessment of gross household income.
A reporting schedule for the notification of violations shall be developed and
implemented by the Sheriff and Sentinel, subject to the approval by the Courts.
All employees of Sentinel shall be of good character and professionally competent.
The supervision of all Participants shall remain exclusively within the purview of the
Sheriff.
Sentinel agrees to hold harmless the County, Sheriff and their employees and agents
for all acts and omissions related to this agreement.
The County agrees to hold harmless Sentinel and its employees and agents for all acts
and omissions related to this agreement.
This agreement may without cause be terminated upon 30 days written notice by any
party.
Sentinel shall be solely responsible for securing and maintaining adequate levels of
health and liability insurance for its employees and agents.
The selection of Participants in this program shall be determined by the Courts and
compatible with the welfare of society and shall not be governed by the ability of the
Participant to pay for services provided by Sentinel.
Sentinel shall monitor conditions of compliance with Court Orders via scheduled
meetings with each Participant, and report all issues of non-compliance to the supervising
officer for resolution. The Sheriff shall designate the supervising officer.
Sentinel shall maintain individual case files on all Participants for review by the
supervising officer and the Courts in order to provide documentation for the use in
enforcement or revocation matters.
A steering committee, consisting of at least one representative from each of the parties
to this agreement, may be formed to oversee the progress of this program and make
recommendations for subsequent contract terms.
3
Vol. 12~ Pg
i
ID 10F
Randy Sims, County J ge Date
Brazos County, Tex
Attested:
/U/B OKe.P~sv /p z0 p
ren McQueen Date
County Clerk
(~~c ~-pa J Il"' 4
Christopher K ,Sheriff Date
Brazos County Office of the Sheriff
- 4;~ , a iti
Mark Contestabile, Vice President, Eastern Operations Date
Sentinel Offender Services, LLC
Vol. ^ PS• 49
EXHIBIT "A"
THE SERVICES
• Basic Services'
Sentinel will provide electronic monitoring and GPS equipment that is to be used by
Participants. The selection of Participants in this program shall be compatible with
the welfare of society as determined by Brazos County Courts. Sentinel will-install
and issue this equipment to Participants that have been deemed appropriate by the
Court to serve their custodial sentence on such an electronic monitoring or "home
arrest"-type system.
• Training Services
If required, Sentinel will train the.required individuals from Brazos County in order to
allow the program to be administered properly.
• Hours of Operation
Sentinel National Service Center will be providing the daily electronic monitoring of
the program participants. The National Service Center operates seven (7) days a week,
twenty-four (24) hours a day, throughout the year.
• Reports
To facilitate the notification of alarms to the County's or Sheriffs representatives,
Sentinel National Service Center staff will contact a predetermined telephone number
and inform the designated County or Sheriff personnel of the alarm between normal
business hours as determined by the Sheriffs Office. For after-hours and weekends, a
second contact number can be provided by the Sheriff to ensure prompt response. In
addition, computer generated reports can be provided via facsimile to the County
office per exception only. Therefore, the County would only receive printed activity
reports for those offenders that had committed a program violation since the end of the
previous business day. When utilizing GPS equipment it will be the responsibility of
the Sheriff s Office to review offender locations on a regular basis.
• Record Retention
All monitoring center activity reports remain accessible for a period of five (5) years.
Retrieval of current client activity records is accessible immediately, while retrieval of
records for prior clients may require up to 72 hours to retrieve and deliver to the
County.
• Legal Appearances
If subpoenaed, Sentinel personnel will appear for legal appearances.
5 ~O
VO1. Pg.
EXHIBIT "B"
OFFENDER FUNDED
Participants shall pay a fee to Sentinel based on a sliding scale fee assessment of gross
household income.
DAILY FEE
MONTHLY DAILY FEE DAILY FEE ASSESSMENT DAILY FEE
INCOME MONTHLY ASSESSMENT ASSESSMENT (RF/GPS2) ASSESSMENT
FROM INCOME TO (R~ (RF/GPSI) "Active" OR RF (RF/GPS3)
"Passive" w/Alcohol "Active w/Zones"
Monitoring
$0.00 $258.27 $1.00 $2.00 $4.00 $6.00
$260.00 $431.60 $2.00 $3.00 $5.00 $7.00
$433.33 $604.93 $3.00 $4.00 $6.00 $8.00
$606.67 $778.27 $4.00 $5.00 $7.00 $9.00
$780.00 $951.60 $5.00 $6.00 $8.00 $10.00
$953.33 $1,124.93 $6.00 $7.00 $9.00 $11.00
$1,126.67 $1,298.27 $7.00 $8.00 $10.00 $12.00
$1,300.00 $1,471.60 $8.00 $9.00 $11.00 $13.00
$1,473.33 $1,644.93 $9.00 $10.00 $12.00 $14.00
$1,646.67 $1,818.27 $10.00 $11.00 $13.00 $15.00
$1,820.00 $1,991.60 $11.00 $12.00 $14.00 $16.00
$1,993.33 $2,164.93 $12.00 $13.00 $15.00 $17.00
$2,166.67 $2,338.27 $13.00 $14.00 $16.00 $18.00
$2,340.00 $2,511.60 $14.00 $15.00 $17.00 $19.00
$2,513.33 $2,684.93 $15.00 $16.00 $18.00 $20.00
$2,686.67 $2,858.27 $16.00 $17.00 $19.00 $21.00
$2,860.00 $3,031.60 $17.00 $18.00 $20.00 $22.00
$3,033.33 $3,204.93 $18.00 $19.00 $21.00 $23.00
vol. a1 6Pg t
$3,206.67 $3,378.27 $19.00 $20.00 $22.00 .$24.00
$3,380.00 $3,551.60 $20.00 $21.00 $23.00 $25.00
$3,55133 $3,724.93 $21.00 $22.00 $24.00 $26.00
$3,726.67 $3,898.27 $22.00 $23.00 $25.00 $27.00
$3,900.00 - $4,071.60 $23.00 $24.00 $26.00 $28.00
$4,073.33 $4,244.93 $24.00 $25.00 $27.00 $29.00
$4,246.67 $4,418.27 $25.00 $26.00 $28.00 $30.00
$4,420.00 $4,591.60 $26.00 $27.00 $29.00 $31.00
$4,593.33 $4,764.93 $27.00 $28.00 $30.00 $32.00
$4,766.67 $4,938.27 $28.00 $29.00 $31.00 $33.00
$4,940.00 $5,111.60 $29.00 $30.00 $32.00 $34.00
$5,113.33 $5,284.93 $30.00 $31.00 $33.00 $35.00
$5,286.67 $5,458.27 $31.00 $32.00 $34.00 $36.00
$5,460.00 $5,631.60 $32.00 $33.00 $35.00 $37.00
$5,633.33 $5,804.93 $33.00 $34.00 $36.00 $38.00
$5,806.67 $5,978.27 $34.00 $35.00 $37.00 $39.00
$5,980.00 $6,151.60 $35.00 $36.00 $38.00 $40.00
$6,153.33 $6,324.93 $36.00 $37.00 $39.00 $41.00
$6,326.67 $6,498.27 $37.00 $38.00 $40.00 $42.00
$6,500.00 $6,671.60 $38.00 $39.00 $41.00 $43.00
$6,673.33 $6,844.93 $39.00 $40.00 $42.00 $44.00
$6,846.67 $7,018.27 $40.00 $41.00 $43.00 $45.00
Vol. Ipg. Z
DAILY FEE DAILY FEE
MONTHLY MONTHLY DAILY FEE DAILY FEE ASSESSMENT ASSESSMENT
INCOME INCOME ASSESSMENT ASSESSMENT (RF/GPS2)
(RF/GPS1) "Active" OR RF (R
FROM TO (RF) "Active
ctive
"Passive" w/Alcohol
Monitoring w/Zones"
$7,020.00 $7,191.60 $41.00 $42.00 $44.00 $46.00
$7,193.33 $7,364.93 $42.00 $43.00 $45.00 $47.00
$7,366.67 $7,538.27 $43.00 $44.00 $46.00 $48.00,
$7,540.00 $7,711.60 $44.00 $45.00 $47.00 $49.00
$7,713.33 $7,884.93 $45.00 $46.00 $48.00 $50.00
$7,886.67 $8,058.27 $46.00 $47.00 $49.00 $51.00
$8,060.00 $8,231.60 $47.00 $48.00 $50.00 $52.00
$8,233.33 $8,404.93 $48.00 $49.00 $51.00 $53.00
$8,406.67 $8,578.27 $49.00 $50.00 $52.00 $54.00
$8,580.00 $8,751.60 $50.00 $51.00 $53.00 $55.00
$8,753.33 $8,924.93 $51.00 $52.00 $54.00 $56.00
$8,926.67 $9,098.27 $52.00 $53.00 $55.00 $57.00
$9,100.00 $9,271.60 $53.00 $54.00 $56.00 $58.00
$9,273.33 $9,444.93 $54.00 $55.00 $57.00 $59:00
$9,446.67 $9,618.27 $55.00 $56.00 $58.00 $60.00
$9,620.00 $9,791.60 $56.00 $57.00 $59.00 $61.00
$9,793.33 $9,964.93 $57.00 $58.00 $60.00 $62.00
$9,966.67 $10,138.27 $58.00 $59.00 $61.00 $63.00
$10,140.00 $10,311.60 $59.00 $60.00 $62.00 $64.00
$10,313.33 $10,484.93 $60.00 $61.00 $63.00 $65.00
V ol. I 8 pg. 5 3
CONSULTING AGREEMENT
THIS AGREEMENT, effective on the countersigned date below, is by and between Ben Sanford &
Associates, Inc., hereinafter referred to as CONSULTANT, and Brazos County, hereinafter referred to as
CLIENT.
WUNESSETH
WHEREAS, CLIENT is desirous of obtaining advice, counsel and assistance in the definition and solution
of certain telecommunication problems it has now, or anticipates encountering in the future; and
WHEREAS, CONSULTANT possesses the experience, expertise, familiarity with the industry and
capacity to fulfill said need of CLIENT, and is willing to assist CLIENT as herein described for the fee set
forth;
NOW THEREFORE, for and in consideration of these premises, the mutual promises and covenants
contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
I
CLIENT HEREBY engages CONSULTANT for the period of three (3) months to render the CLIENT
such consulting services as are more particularly described in the attached "Exhibit A", which services
CONSULTANT agrees to render to CLIENT on the terms and conditions set forth.
II
CLIENT AGREES to pay CONSULTANT, for said consulting services, a fee as enumerated in "Exhibit
B". CLIENT shall authorize CONSULTANT to deal with applicable vendors by written Letter of Agency.
1II
CLIENT invoice remittance shall be in accordance with Texas Government Code, Chapter 2251 (Texas
Prompt Payment Act).
TV
THIS AGREEMENT SHALL constitute the entire agreement of the parties, shall inure to the benefit of the
parties hereto, their heirs and assigns forever, and any amendment, modification, or altbration shall be of
no force and effect unless embodied in writing and executed by the parties concerned. Signatures below
must be dated within sixty days of one another.
Offered By; Accepte
AV' 5, kE~s -
Ben Sanford c Name
Ben Sanford & Associates. Inc. Brazos C Ty
Company Company
President 9I8I~Y OJDU 1 lo(-001o~
Title Date Title Date
X
VolX-7 p
EXHMIT A
SERVICES TO BE PERFORMED
7. Meet with county personnel, architects and contractors to discuss project needs.
2. Assist county telecom and IT personnel as needed.
3. Assist county personnel with cellular signal issues.
4. Evaluate existing phone and PBX common equipment resources to accommodate expansion.
5. Obtain equipment & service quotes from existing county vendors.
6. Obtain Customer Service Records from Verizon.
7. Confirm that monthly service for telco services is charged correctly.
8. Request traffic studies on your trunk groups from Verizon.
9. Analyze the raw data from the reports.
10. Discuss the results with vendors as needed.
11. Perform final optimization computations.
12. Present report to Client with options and recommendations.
EXHIBIT B
FEE SCHEDULE
Hourly fees are $125, plus expenses (including travel, meals, lodging, long distance, postage,
printing, and other misc. items). Automobile travel shall be expensed at .55 per mile.
Total Fee for Services Shall Not Exceed $4,500 (36 hours), plus estimated expenses of $1,200,
for a total of $5,700.
Invoices shall be rendered monthly, or at completion of major tasks.
Any additional hours requested by Client shall be billed at the same hourly rate, plus expenses.
FEE INCLUDES A ONE YEAR FOLLOW-UP FOR
ANY RECONEAENDED PRODUCTS OR SERVICES
Initials:
BSA
Client
vol. 1 a7 pg 5 5
ENTERSECT Online User Agreement
Agency Name: Brazos County Sheriff's Office
A First Name: Kenny
Last Name: Elliott
E N T L R SECT Agency Address: 1700 Hwy. 21 West
2700 N. Main St.
Suite 535 City: Bryan State: TX
Zip Code: 77803
Santa Ana, California
92705 Telephone Number: (979) 361-4942
Fax Number: (979) 361-4950
www.entersect.net
Email Address: kelliott@co.brazos.tx.us
Phone Agency Type: Law Enforcement - County Sheriff
8661744-6438 Number of user codes needed: One
Fax (Please use the "Multiple User Form" to designate each login and password)
714 / 564-9057 Payment Method:
❑ Credit Card - Please complete credit card payment form
A Invoicing
Billing Contact: Helen Cook
Billing Contact telephone number: (979) 361-4992
Billing Contact Email dd lss: o k@ os . tx . us
Signature: ount Judge
Date: f 2t7 /~WC1
Please complete the above requested information along with the signed
Agreement Terms and fax to:
Fax: 714-564-9057
-Or-
Mail: Entersect
2700 N. Main St.
Suite 535
Santa Ana, CA 92705
0-7
7
Service Agreement Terms
This agreement is entered into between Certiliion Corporation and the entity first set forth on the reverse hereof ("New
User") in Santa Ana, CA. Agreed to terms and conditions as follows:
1. SERVICE
Entmect Online provides nationwide public record information and related ('Services") using its proprietary databases and information obtained
from third parties ('Third Parties'). This information is delivered through Entersect- via the internal. User hereby subscribes to Services for use as a
factor in making business decisions and agrees to pay Entersect Online the applicable rates and charges set forth in Paragraph 3 below.
2. PERFORMANCE
Entersect Online will use its best efforts to deliver Services requested by User in an expeditious and efficient manner and to regularly access,
update, augment, and maintain its compilation of information gathered from selected public records and other sources used in the provision of
Services hereunder. User accepts all information AS IS.
3. CHARGES TO USER (Initial Selected Tenn)
Monthly Agreement - User agrees to pay $79 per user, per month for unlimited access to the EPO (Entersect Police Online)
product Unless otherwise specified, either party may cancel this agreement by providing 30 day written notice.
X Annual Agreement- (Paid Monthly) User agrees to pay $75 per user, per month fa unlimited access to the EPO (Entersect Police
Online) product for 12 months.
Annual Agreement - (Paid Annually) User agrees to pay $900 per user, annually, for unlimited access to
the EPO (Entersect Police Online) product for 12 months.
Annual Agreement with EPO Pro- (Paid Annually) User agrees to pay $1,259.40 per user, annually, for unlimited access to the
EPO (Entersect Police Online) 8 EPO Pro products for 12 months.
4. USER LIMITATIONS OF USE
User acknowledges that Ent%sect Online andra Third Parties retain all right title and interest under applicable copyright and related laws in the
databases and materials contained therein used to provide Services hereunder, and User shall use such materials consistent with such right, title
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a limited license in exchange for payment of fees and charges set forth in Paragraph 3 hereof and us%shall not reproduce, retransmit, publish or
otherwise transfer for commercial exploitation any information that User receives fron Services. Upon approval of intended use(s) by Entersect
Online, User agrees to limit use and redissemination of information from Services solely to use(s) set forth under Industry Type(s) en the reverse
hereof. User shall at no times represent that it is an authorized agent a representative of Entersect Online a any Third Party unless such written
agreement has been established.
5. NEGATION OF LIABILITYAVARRANTY
Neither Entersect Online nor third parties shall be liable to user or to any person claiming through user or to whom user may have provided service
related data for any loss or injury arising out of or caused in whole or in part by Entmect Online or third parties negligent acts or omissions in
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Entersect Online and/or third parties do not guarantee a warrant the correctness, completeness, currency, merchantability, or fibhess for a particular
purpose of the services or the components thereof.
6. AGREEMENT ENTIRETY
This agreement sets forth the entire understanding and Agreement between Entwsect Online and User. By receipt of Services, User agrees to, and
shall comply with, such different and /or additional tens of third parties and such changes in this Agreement as Entersect Online shall make from
time to fime by notice to User. This Agreement shall be interpreted in accordance with the laws of the State of California. violation by user of state or
federal laws, or Entersect Wines or Third Parties' established policies and procedures may result in immediate termination of this Agreement in
Entmect Online's sole discretion.
7. PAYMENT OF FEES
User shall be responsible for payment for all services obtained through User's access identification code. Payment by subscriber is due and payable
upon invoice. If payments are past due more than thirty (30) days from the date of invoice, Entersect Online may interrupt service. User is
responsible for all collection costs and attorney fees incurred by Entmect Online through its efforts to collect on balance(s) owed by User.
Vol. D-7 Pg S
8. COMPLIANCE WITH LAWS
User shall not use Service in violation of any federal, state, or local laws, including the Fair Credit Reporting Act (15 U.S.C.A. 1681 at seq.) 'FCRA".
User certifies that it will not use any information obtained through Service as a factor in establishing a consumers eligibility for credit granting,
monitoring, account review, insurance underwriting, employment, or any other purpose addressed in the FCRA.
9. INDEMNIFICATION
User hereby agrees to protect, indemnify, defend, and hold harmless Entersect Online and all Third Parties from and against any and all costs,
claim, demands, losses, and liabilities (including actual attomeys' fees) arising from or in any way related to use of information by User (or any third
party receiving such information from or through User) furnished by a through Entemect Online to the extent such costs, claims, demands,
damages, losses, or liabilities (including attorneys fees) do not result from the improper acts a omissions of Entersect Online or Third Padies.
Provisions hereof related to release of claims, indemnification, use of information, and data, payment for Services and disclaimer of warranties shall
survNa any terminabon of this Agreement
10. USER RESTRICTIONS
User's being provided access codes assigned to a given user and their respective agency. Neither the assigned access codes nor 'ofAine' content
maybe provided to any other agency nor its' representative without first securing permission from Entersect Online. Offiine content is defined as
providing another agency a its' representative (who has no written agreement with Entersect Online) with content from the Service provided by
EMersect Online by sharing access codes a transmitting results many manna. If an urgent matter should arise the User can contact or direct that
agency to Entersect Online for prompt assistance.
❑ I would like to add Identi•Shield to my account and understand that I Will be charged $8.95 per connected
call. Calls that do not result in a connection to either an individual or voicemail will not be billed to the
customer.
❑ I would like to upgrade to EPO Pro and understand that I will be charged only $29.95 more per month.
SERVICE AG ME E AGREE TO: y
SIGNATURE: DATE: 10 1 ~ I
PRINT NAME: Ra y Sims TITLE: County Judge
Vol. Pg, 5 8
Multiple User Identification
(each name will require individual access code)
Name Phone Email
Kenny Elliott (979) 361-4942 kelliott@co.brazos.tx.us
r~ /
VOL
r- ENTERSECT POLICE ONLINE
Corporate Capabilities Statement
N T E R s i C T Entersect Police Online (EPO) is a business committed to government justice
agencies and law enforcement users only. EPO offers an online investigative
database which offers a variety of searches which include; Persons,
Telephones- listed, unlisted and cellular, Real Property, Vehicle Registration,
2700 N. Main St Civil and Criminal searches. EPO also offers unique services which include our
"Cop on Call" service which is available to law enforcement 24 hours a day.
Suite 535
Our database is frequently updated with over 12 billion real investigative
Santa Ana, California records which include a majority of the U.S. population.
92705 Phone Busting
www.entersect.net We have the only instant database that can be searched by various telephone
numbers including cellular, unlisted and other non-traditional numbers.
Phone Results Include: subscriber name, carrier name, carrier type, address, other
possible names matching this registrants name along with addresses and
8661744-6438 datalinks to matching information
Fax Identi-Shield
7141564-9057 • IDENTISHIELD- Gives you the ability to disguise your call and offers
you the option to record your call and receive a WAV file within 90
seconds of your conversation.
. Only available to EPO customers
Entersect Police Online Search Descriptions
Person Search - Locate Anyone within Seconds
Supporting Law Enforcement • Search by name, first, last, or partial
For over 7 years! Search by address, full or partial
. Search by Social Security Number
. Search by telephone number (`unpublished, cellular, and more)
Coverage: Nationwide
Special Note: Every match or other piece of information can be linked to a
comprehensive report for additional instant information making this an
investigative researchers dream!
Telephone Search - Search by Cellular, Unlisted or other numbers
Vol. 4'~7 Pg to 0
r J Search by any type of number within the United States
Coverage: Standard numbers - Nationwide Unlisted numbers & Cellular
numbers
Real Property Search - Current and prior residents, neighbors, Real Estate
details, deed information and legal actions attached to property.
N T L R S FE C T Vehicle Registrations Search - Vehicle detail, DMV record, Lien holder
information and previous owner.
2700 N. Main St Corporations Search - Corporate ownership, officer detail and address. May
also include fictitious business and UCC filings.
Suite 535
Civil Search - Bankruptcy, Tax Liens, Judgments
Santa Ana, California
Court Actions - Incarcerations and sex offender records.
92705
Other Features:
www.entersect.net a FUZZY SEARCHES - Enter fragmented names or addresses
Phone • COP-ON-CALL - Tired of messing with confusing results or a bad
modem connection? In the field with no Internet access? We'll
866 / 744-6438 personally assist you with any research at any time
Pax • ADVANCED LINKING - Every result on our service can also be clicked
for further information / reports
714 1564-9057
UNLIMITED SEARCH- no per search charges to worry about
• COMMON RESIDENCY FINDER- allows you to search for a common
residency - past or present - between individuals
• FLAT RATE PER MONTH- pricing available upon request
Supporting Law Enrormmeni
For over 7years! Many database companies provide you with access codes, a brief training
session, and leave you to incur high transaction fees as you attempt to recall all
that you learned. In addition, you have to interpret results or guess which
search is the best to run. Since our "Cop on Call" service is available only to
law enforcement; we'll personally run your searches for you at any hour to
assist you in retrieving the best results. We've been doing this for years and
experience does count!
vol. 1 a 7 pg. (21
EPO Plus includes:
WN
Reverse E-mail Search
Reveals: IP address
Name
Address
Phone Number
With a little information like an email address you can enter
johnsmith@internetcompany.com to reveal the information you
need for your investigation.
Entersect Police Online provides these services to Federal, State
& Local Law Enforcement only.
Our records for the email search contains over 84 million records
nationwide, and will increase to near 150 million within the next
12 months.
vol. ► a -7 Pg. a
WWI-
E N Tr7--- R S E C T Sh' t a I/~
G
2700 N. Main St
Suite 535 Introducing Identi-Shield, a new service from
Santa Ana, California Entersect Police Online.
92705
www.entersect.net
IdentiShield is a caller id masking service only offered to law
Phone enforcement agencies that subscribe to Entersect Police Online (EPO).
866 / 744-6438 Identi-Shield allows a law enforcement officer to mask their phone
number/identity while calling any person of interest and have any number
Fax you choose appear on their caller id. Make pretext calls to anyone from
714/564-0031 any phone (cell, land or pay phone). No computer required.
• Call anyone from any phone (cell, land or pay phone). No
computer required.
• Easy to use instant connection (no need for a call back service).
• Conversation can be recorded and emailed to you within minutes.
• Flat per use fee of $8.95. No charges apply if there is no answer.
• No hardware or software to download.
• Monthly billing with detailed account of each Identi-Shield call
made.
Ask your Account Executive about adding Identi-Shield
vol. 12 7
Pg. ~n 3
E
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS
AND THE
RESEARCH VALLEY PARTNERSHIP, INC.
THIS AGREEMENT is made and entered into the 20a' day of October, 2009, by and
between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the State
of Texas, (hereinafter referred to as "County"), and the RESEARCH VALLEY
PARTNERSHIP, INC., a Texas non-profit corporation (hereinafter referred to as "RVP").
RECITALS:
WHEREAS, the Commissioners Court of Brazos County desires to stimulate business
and commercial activity in the County; and
WHEREAS the County wishes to contract with RVP as its agent pursuant to TEX. LOC.
GOV'T CODE ANN. §381.004 to administer the County's program for local economic
development (herein the County's Economic Development Program); and
WHEREAS, the County desires to diversify its economy, increase and broaden its tax
base, provide more and better employment opportunities for its citizens and promote-the general
public welfare; and
WHEREAS, it is important to the County to attract and expand business, commercial and
industrial enterprise in order to accomplish this purpose; and
WHEREAS, RVP is an agency with specific expertise in the field of economic
development and administering governmental economic development guidelines; and
WHEREAS, the County has determined that this Agreement is for the personal or
professional services and therefore exempt from competitive bidding under Chapter 262, Local
Government Code.
THEREFORE, in consideration of the mutual understandings and agreements set forth,
the County and RVP agree as follows:
RVP 2010 Agreement Vol. 197 Pg.6 4 Page l of 8
.
ARTICLE I
Qualifications of the RVP
1.1 The RVP represents that:
(a) The RVP is a non-profit entity that is authorized and experienced in the
administration and furtherance of economic development programs in all or a
portion of the County;
(b) The RVP has expertise and skills to to attract new businesses to the County, to
encourage the expansion of existing businesses in the County, or to retain existing
businesses in the County, pursuant to the County's economic development
guidelines and Chapters 311, 312 and Sections 381.003 and 381.004 of the Texas
Local Government Code;
(c) The RVP shall cooperate with and use the services of the Texas Department of
Economic Development.
ARTICLE II
Definitions
2.1 "Economic Development Guidelines" means the County's financial criteria on
file used to determine qualification for receiving Incentive Funds.
2.2 "Project Performance Standards" means individual performance terms and
requirements established by agreement between the County and any Employer/Business to
receive Incentive Funds.
2.3 "Program Projects" means uses of the Incentive Funds, or a portion thereof, as
approved by the County, to provide incentives or assistance to Businesses/Employers which
results in the public purpose of economic development, diversification, expansion, and
employment being served, pursuant to the County's Economic Development Guidelines.
2.4 "Program Standards" means standards that an Employer/Business must meet in
order to qualify for Incentive Funds.
ARTICLE III
Term
3.1 The term of this Agreement is for one (1) year, being effective as of October 1,
2009, and ending on September 30, 2010, (the "Present Term"), unless earlier terminated as
provided herein.
3.2 Either party may terminate this Agreement on sixty (60) days prior written notice
to the others.
RVP 1010A Vol. I ~ Pg.
greement Page 2 of 8
l
3.3 Upon receipt of any termination, the County agrees to continue funding a
program project that had been previously approved by the County.
ARTICLE IV
Administration Services
4.1 RVP agrees to provide all administrative services necessary to administer the
County's Economic Development Program and program standards set forth herein.
4.2 Pursuant to the authority granted in Chapter 381 of the Texas Local Government
Code, the administrative services to be provided include, but are not limited to:
(a) corresponding with and negotiating with potential or existing
Business/Employers for Program Projects that will develop, diversify
and/or expand the Brazos County economy, develop or expand
transportation or commerce in the State, and/or serve the purpose of
eliminating unemployment in Brazos County.
(b) establishing Project Performance Standards for each Program Project that
are consistent with the Program Standards set out in the County's
Economic Development Program and herein;
(c) obtaining contracts between the County and Businesses/Employers for
Program Projects whereby the Business/Employer agrees to meet the
County's Project Performance Standards, and which provide assurances
that the County's Project Performance Standards will be met; and
(d) compliance with all requirements of this Contract.
4.3 The RVP shall receive the sum of Three Hundred Thousand and No/100
Dollars ($300,000.00) as compensation for the administrative services to
be provided hereunder (herein the "Administration Funds"). County shall
pay such sum on a monthly basis by paying the RVP one-twelfth (1/12) of
the total sum referenced above.
ARTICLE V
Incentive Funding
5.1 County has appropriated Four Hundred Seventy One Thousand Six Hundred
Fifty-Four and No/100 ($471,654.00) for the purpose of funding existing obligations previously
entered into by the County under its Economic Development Program (herein the "Incentive
Funds"). Said, monies have been budgeted for the current fiscal year and are payable out of
current revenues. Prior to any renewal of this agreement, RVP shall report to the Brazos County
Commissioners Court any and all monies remaining unspent or returned.
RVP 2010 Agremenf Vol. I Pg.
Page 3 of8
5.2 ' Payments of Incentive Funds shall be made as approved and directed by the
County to the qualifying Business/Employer under approved Program Projects.
5.3 The County Incentive Funds provided for in this Agreement shall be used only in
accordance with the County's Economic Development Guidelines and program standards.
ARTICLE VI
Use of Incentive Funding
6.1 The County's Program administered by the RVP hereunder consists of the use of
the County's Incentive Funds to develop and diversify the Brazos County economy, to eliminate
unemployment or under-employment, and to expand the local economy, pursuant to Standards
and Guidelines set forth in the County Ecoriomic Development Guidelines..
6.2 Program Standards. The RVP shall not recommend to the County that an
applicant Business/Employer receive Incentive Funds unless the applicant Business/Employer
meets or exceeds the following standards:
(a) is authorized to do business in the State of Texas;
(b) is current and in good standing on all state, local and federal taxes, assessments
and/or fees;
(c) is not in bankruptcy;
(d) is an Equal Employment Opportunity Employer with policies in place and
practiced which prohibit. discrimination in employment based on race, sex, age,
national origin, creed, religion, or disability (unless based on bona fide
occupational reason or a reason exempted or approved by the Americans With
Disabilities Act and the regulations promulgated thereunder);
(e) agrees by written contact directly with the County to meet performance criteria
established by the County in accordance with the County's Program Standards
(hereinafter "Project Performance Standards") as to the establishment, expansion,
or improvement of business operations in Brazos County, Texas and/or the
employment of residents of the County.
(f) complies with the current County Economic Development Guidelines for
financial assistance, including the grant to the County of the right to review and
verify the applicant Business/Employer's financial statements prior to the grant of
any incentive and to review the financial condition of the project during the term
of any incentive, including the right to send representatives from the County
Appraisal District to inspect any facilities of the applicant Business/Employer to
verify the accuracy of information provided for the economic incentive.
Provisions to this effect shall be incorporated in every agreement between the
applicant Business/Employer and the County;
RIP 2010 Agreement Vol. Pg. to Page 4 of 8
(g) if the proposed Program Project does not meet the specific job retention/creation
requirements set forth in (f) above, other positive effects on the local economy of
the proposed Program Project may be taken into consideration and approved by
the County, as recommended by RVP, in determining whether to pursue funding
of a Program Project. These include:
(i) the impact of the Program Project on economically disadvantaged
individuals. An Economically Disadvantaged Individual is an individual.
who:
(1) was unemployed for at least three months before obtaining
employment with the qualified business;
(2) receives public assistance benefits, including welfare payments or
food stamps, based on need and intended to alleviate poverty;
(3) is an Economically Disadvantaged Individual, as defined by
Section 4(8), Job Training Partnership Act (29 U.S.C. Section
1503(8));
(4) is an individual with handicaps, as defined by 29 U.S.C. Section
706(8);
(5) is an inmate, as defined by Section 498.001 of the Government .
Code;
(6) is entering the workplace after being confined in a facility operated
by the institutional division of the Texas Department of Criminal
Justice or under contract with the Texas Department of Criminal
Justice;
(7) has been released by the Texas Youth Commission and is on
parole, if state law provides for such a person to be on parole; or
(8) meets the current low income or moderate income limits developed
under Section 8, United States Housing Act of 1937 (42 U.S.C.
Section 14376, et seq.).
(ii) the need for the product/service provided by the Business/Employer in the
local area;
(iii) the estimated multiplier effect on the local economy of the Program
Project either due to the level of wages paid or the injection of outside
funds into the local economy (i.e., tourism, capital expenditures,
purchasing or materials from local businesses, etc.); and
RVP 1010 Agreement 1 1 8 Vol. Pg. Page 5 of 8
1 u+
(iv) the creation of part-time positions, and/or
(v) capital expenditures which have a material and direct positive impact upon
the local economy by providing the following benefits:
1. increases in the local tax base; .
2. creation of ancillary jobs and/or jobs for Economically
Disadvantaged Individuals;-
3. attraction of other businesses;
4.. creation of new sales tax revenues;
5. commercial development of new and existing areas;
6. defining, enhancing and/or redefining job skill level of locally
available work force.
If such considerations indicate that the benefit to the local economy meets or
exceeds that which would be gained by the Business/Employer employing and/or retaining the
number of employees required for the level of funding under subsection (e) above, the RVP may
consider such business as qualifying and therefore recommend such Business/Employer to the
County upon the approval of the Board of Directors by a 75% or more favorable vote (9 of 12).
(h) all contracts for Program Projects must be in a form approved by the County and
County's legal counsel. The contract must include, but is not limited to, provisions:
(i) containing the Program Project Performance Standards applicable to the
Business/Employer, and the Business/Employer's agreement to comply therewith in a set time-
frame;
(ii) requiring periodic documentation of the Business/Employer's compliance
with the Project Performance Standards, and giving the RVP and the County the right to inspect
its operations and books to confirm the Business/Employer's compliance with the Program
Project Performance Standards;
(iii) requiring the repayment directly to the County within sixty (60) days of
demand of the funds appropriated to the Program Project by the County if the applicant
Business/Employer fails to meet the County's Project Performance Standards or otherwise is in
material breach of its contract with the County, and giving the County the right to sue the
applicant Business/Employer to enforce the contact between the County and the
Business/Employer, and to recover all attorney's fees and costs incurred in doing so;
(iv) requiring the Business/Employer to make draw requests for the funding
from the County, which requests must show in detail how the money and/or property will be
applied/used, or for what the reimbursement is sought, and which contain such documentation as
is required by the County; and
i a~ P 9
RVP 2010 Agreement Vol. - 9_ Page 6 of 8
(v) requiring compliance with all applicable laws regarding the provision of
equal employment opportunities.
ARTICLE VII
Accounting
7.1 The RVP shall provide within 90 days after the close of the RVP's fiscal year, an
audited financial accounting or an internal audit financial report of the RVP.
ARTICLE VIII
Miscellaneous Terms
8.1 Notice. Notices or correspondence under this Agreement to either party from the
other may be personally delivered or sent by First Class Mail, or other reliable courier.
Notice to the County shall be sent to:
Randy Sims, County Judge
Brazos County Courthouse
200 So. Texas Ave., Suite 332
Bryan, Texas 77803
Notice to the RVP shall be sent to:
Todd McDaniel, President and CEO
Research Valley Partnership, Inc.
1500 Research Parkway, Suite 270
College Station, Texas 77845
8.2 Severability. No partial invalidity of this Agreement shall affect the remainder
unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the
object of this Agreement.
8.3 Amendment. During the term of this Agreement, if certain areas need further
clarification or revision, the parties will work in good faith to arrive at written memorandums or
understandings regarding those areas. Any amendment of this Agreement must be in writing, and
executed by a duly authorized representative of each party.
8.4 Assignment. This Agreement cannot be assigned or performed by subcontractors
except with the written consent of both parties.
8.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a
joint venture, partnership or. employee-employer relationship and that neither party shall have the
authority to bind or incur liability to the other without the other's prior written permission.
Furthermore, the RVP shall be considered an independent contractor agent for the sole and
limited purpose only of administering the County's economic development guidelines and
RVP 2010 Agreement I ~-7 Pg. Page 7 of 8
Vol.
program project standards pursuant to the grants of authority given the County under Chapter
311, 312 and 381 of the Texas Local Government Code.
8.6 Applicability of Texas Law. The laws of the State of Texas shall govern this
Agreement, except where clearly superseded by federal'law.
8.7 Venue. The place of performance of this Contract is Brazos County, Texas, and
all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be
payable and performable in Brazos County, Texas. Venue of any dispute arising out of this
Agreement or performance hereunder shall be fixed for all purposes in Brazos County, Texas.
8.8 Entire Agreement and Binding Authority. This Contract supersedes and
constitutes a merger of all prior oral and/or written agreements and understandings of the parties
on the subject matter of this Contract and is binding on the parties and their successors, agents
and assigns.
8.9 Waiver. No waiver by either party of any provision of this Contract shall be
effective unless in writing, and such waiver shall not be construed as or implied to be a
subsequent waiver of that provision or any other provision. The signatories hereto have the
authority and have been given any approvals necessary to bind by this Contract the respective
parties for which they sign.
BRAZOS COUNTY, TEXAS RESEARCH VALLEY PARTNERSHIP,
INC., a Texas non-profit corporation
By: By:
Randy Sims, ounty Judge Larry Hodges, Chair an of the Board
Attest:
By: t e
en cQueen, County erk
Vol, a-7 pg. 7
RVP 2010 Agreement Page 8 of 8
Texas Division of Emergency Management
V~0 °I r°+sr
2009 Sub-Recipient Agreement W
for
Brazos County
Ye; ADate""oAwad"?;
September 29,-2009
SW:MRacr ,ienName~apdAdt(~ress~s- `f` ~'""'~v k4`' 2. Prepared by: Carter, Brandy 3. SAA Award Number: 09-SR 48041-02
rAi~~..`~4~ ~•'.~~Fetlera~rantrXnformatioh'~'"~:""f"``-~
Federal Grant Title: Homeland Security Grant Program
Judge Randy Sims
Federal Grant Award Number: 2009-SS-T9-0064
Brazos County 200 South Texas Ave., Suite 332 Date Federal Grant Awarded to TDEM: August 1, 2009
Bryan, TX 77803 Department of Homeland Security
Federal Granting Agency: FEMA
Grant Programs Directorate
s~`~ .-~'~~gSm~~.,"Wu~~y`f~~~~- award Amnt aijdcwane s~ealcdo~7 ~ "
-AWN ,....,...s-,~ ...«w+a~s..,.. vns~ fr
Total Award Note: Additional Budget Sheets (Attachment A): ❑ Yes El No
Amount SHSP SHSP-LEAP UASI UASI-LEAP CCP MMRS
CFDA: 97.067 97.073 97.073 97.008 97.008 97.053 97.071
.$188,047.06 $174,023.50 $14,023.56 $0.00 $0.00 $0.00 so.00
This award supersedes all previous awards. Performance Period: Aug 1, 2009 to Apr 15, 2012
6. Statutory Authority for Grant: This project is supported under Consolidated Security, Disaster Assistance and Continuing
Appropriations Act. 2009 Public Law No. 110-329.
7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of
invoices.
S. Debarment/Suspension Certification: The Sub-Recipient certifies that the subgrantee and its' contractors/vendors are not
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency
and do not appear in the Excluded Parties List System at http://www.epis.gov.
?
I ,cf.~ r WE WE '~V:~+M1='-+"$'ri6~#' "
M - 111109' i 'ZtaV`~ ' 2 GS11"I Y P.Prgval ~',"s5 r ~N2*N <~i:.. r ~ Pte, e' t
.c: ii r[Ye-ns. as~,a ~ xa>saaw rw7s,~#_-»s++ ztuu, n. w
Approving TDEM Official: Signature of TDEM Official:
Jack Colley, Chief
Texas Division of Emergency Management
Department of Public Safety
Jx.17
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub-Recipient official: Signature of Sub-Recipient Official:
~►2c~c~y 5tr~..s
1(~ntY SucAgc, ~ ~s Ca i<nfa.
11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 12. Date Signed
I 4f - 3
13. DUE DATE: '
Signed award and Direct Deposit Form (If applicable) must be returned to TDEM on or before the above due date.
vol. 1 a-7 Pg I a
F,ncLi~ure I
FY 2009 INVESTMENTS APPROVED BY DHS
State Investments
1. Improve Communication Interoperability
2. Intelligence and Information Sharing and Dissemination
3. Enhance State, Regional and Local Planning
4. Enhance State, Regional and Local EOCs
5. CBRNE Detection, WMD, Hazmat Response and Decon
6. Protection Critical Infrastructure
7. Community Preparedness & Emergency Public Information & Warning
8. Strengthen Medical Surge and Mass Prophylaxis
9. Enhance Border Security Program
10. Reduce Threats to Agriculture & Enhance Emergency Response
11. Search and Rescue Capability
Nate: Highlighted investments are multi-regional projects
Austin Area UASI Investments
1. Tom Miller Dam Target Hardening
2. Planning and Coordination
3. Austin Regional Intelligence Center
4. TEXAS PEER-TO-PEER UASI PLANNING NETWORK
Dallas/Fort Worth/Arlington Area UASI Investments
1. All Hazards Incident Management Team Development & Enhancement
2. TEXAS PEER-TO-PEER UASI PLANNING NETWORK
3. Regional Multi-Agency Intelligence Fusion Center and Data Sharing
4. Critical Infrastructure Security Enhancement
5. Enhance Command and Control At All Levels to Include Emergency Operation
Center Functions
6. Enhance Law Enforcement Capability to Respond to Terrorism Incidents and
Catastrophic Events
7. Enhance CBRNE Response Capability Including HazMat and Specialized Fire
Response
8. Enhance Search and Rescue Capability to Respond to Terrorism Incidents and
Catastrophic Events
9. Enhance Medical Surge, Mass Prophylaxis, and Fatality Management Capability
10. Enhance Interoperable Communications
vol. 197 Pg -73
Enclosure I
(C.:onnnued)
11. Public Outreach Programs, Citizen Corps, and Citizen Preparedness
12. Regional and Urban Area Planning
13. Regional and Urban Area Training and Exercise
El Paso Area UASI Investments
I. El Paso-UASI/Region-09 P25 Interoperability Communications Project
2. Purchase and Logistical Support for Regional Self Contained Breathing Apparatus
Project Phase Il
3. All Hazards Incident Management Team Development & Enhancement
4. Coordinated efforts to protect Critical Infrastructure and Key Resources - El Paso
Water Utilities
5. Planning and Coordination
6. Urban and Regional area Hazmat, Chemical, Biological, Radiological Response
Enhancement Project
7. TEXAS PEER-TO-PEER UASI PLANNING NETWORK
8. Ready El Paso Citizen Corps Campaign
9. Regional Medical Operations Center (BMOC) Enhancement
10. El Paso-UASURegion-08 Urban Search and rescue Enhancement Program
11. Rio Grande Information & Intelligence Center
Houston Area UASI Investments
1. TEXAS PEER-TO-PEER UASI PLANNING NETWORK
2. Regional Emergency Management Improvements
3. Citizen Preparedness, Public Outreach & Communication
4. Regional Planning & Coordination
5. Interoperable Communications
6. Prevention: Fusion Center & Regional AFIS
7. Protection: Public Safety Video & Target Hardening
8. Response: Enhance CBRNE Response Capability
9. Enhance Health & Medical Capabilities
San Antonio Area UASI Investments
I . All Hazards Incident Management Team Development & Enhancement
2. Enhance IED Preparedness and Response Capabilities
3. TEXAS PEER-TO-PEER UASI PLANNING NETWORK
4. San Antonio Urban Area Fusion Center
5. Enhance Citizen Preparedness and Response Participation
6. Enhance EOC Capabilities
7. Sustain & Protect Critical Infrastructure and Key Resources
8. Enhance Medical Surge Capabilities
9. Sustain & Enhance WMD/CBRNE Response Capabilities
vol.7 Pg. 7
2009 TERMS AND CONDITIONS
Homeland Security Grant Program (HSGP)
FY 2009 HSGP is comprised of four separate grant programs:
• State Homeland Security Program (SHSP)
• Urban Areas SecuriN Initiative (UASI)
• Metropolitan Medical Response System (MMRS)
• Citizen Corps Program (CCP)
Parties to Sub-recipient Agreement
This Sub-recipient agreement is made and entered into by and between the Texas Division of Emergency
Management/State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "TDEM," and the
funds recipient, hereinafter referred to as the "Sub-recipient" Furthermore, TDEM and the Sub-recipient are collectively
hereinafter referred to as the "Parties.' By this Sub-recipient agreement's execution, the Parties have severally and
collectively agreed to be bound to the mutual obligations and to the performance and accomplishment of the tasks
described in this Sub-recipient agreement. The Sub-recipient Agreement is only an offer until the Sub-recipient returns
the signed copy of the 2009 Sub-recipient Agreement in accordance with the date provided in the transmittal letter and in
the agreement. The Sub-recipient must also certify to the statements provided in Exhibits B and C by signing and
returning a copy of these documents with the Sub-recipient Agreement.
Overview, Special Conditions and Performance Standards
A. Overview.
State Homeland Security Grant (SHSP)
The State Homeland Security Program (SHSP) is a core assistance program that provides funds to build capabilities
at the State and local levels and to implement the goals and objectives included in State Homeland Security
Strategies and initiatives in the State Preparedness Report. SHSP supports the implementation of State Homeland
Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts
of terrorism and other catastrophic events. In addition, SHSP supports the implementation of the National
Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response
Framework (NRF).
Urban Areas Security Initiative (UASI)
Urban Areas Security Initiative (UASI) program funds address the unique planning, organization, equipment, training,
and exercise needs of high-threat, high-density Urban Areas, and assist them in building an enhanced and
sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism.
Metropolitan Medical Response System (MMRS)
The MMRS program supports the integration of emergency management, health, and medical systems into a
coordinated response to mass casualty incidents caused by any hazard. MMRS Grantees will reduce the
consequences of a mass casualty incident during the initial period of a response by having augmented existing local
operational response systems before the incident occurs.
Citizen Corps Program (CCP)
The Citizen Corps mission is to bring community and government leaders together to coordinate the involvement of
community members and organizations in emergency preparedness, planning, mitigation, response, and recovery.
Vol. a t-_ P8 -1
B. Special Conditions
SHSP
Activities implemented under SHSP must support terrorism preparedness by building or enhancing capabilities that
relate to the prevention of, protection from, or response to, and recovery from terrorism in order to be considered
eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for
other hazards. Grantees must demonstrate this dual-use quality for any activities implemented under this program
that are not explicitly focused on terrorism preparedness.
The recipient may only fund projects that were included in the FY 2009 State Investment Justifications which were
submitted and approved by DHS/FEMA Use of SHSP funds must be consistent with and supportive of
implementation of the State Homeland Security Strategy and State Preparedness Report. Linkages between specific
projects undertaken with SHSP funds and strategic goals and objectives will be highlighted through regular
mechanisms, including the Biannual Strategy Implementation Report (BSIR)
As defined in the FY 2009 grant guidance, the FY 2009 SHSP will focus on two objectives as the highest priorities.
These two objectives are:
1. National Priority: Strengthen Information Sharing and Collaboration Capabilities - Maximizing Information
Sharing via the National Network of Fusion Centers;
2. National Priority: Strengthen Medical Surge and Mass Prophylaxis - Developing and Enhancing Health and
Medical Readiness and Preparedness Capabilities. These two priorities are in addition to the priorities for
all programs under the Homeland Security Grant Program and, if applicable, the Law Enforcement
Terrorism Prevention Activities Priorities.
A personnel cap of up to 50% of total program funds may be used for personnel and personnel-related activities as
directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland
Security Act (Public Law 110-412). In general, the use of Homeland Security Grant Program grant funding to pay for
staff and/or contractor regular time or overtime/backfill is considered a personnel cost.
Since a separate LETPP grant program for Law Enforcement Terrorism Prevention Activities was not created for FY
2009, the State is required to ensure that local and state sub-grantees expend at least 25 percent of their SHSP
award funds towards law enforcement terrorism prevention-oriented planning, organization, training, exercise, and
equipment activities.
UASI
Allocations and use of grant funding must support and be coordinated with the goals and objectives included in the
State and/or Urban Area Homeland Security Strategies. The recipient may only fund projects that were included in
the FY 2009 Urban Area Investment Justifications which were submitted and approved by DHS/FEMA. The
recipient agrees that funds utilized to establish or enhance designated state and Urban Area fusion centers must
support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security
Advisory Council (HSAC) Fusion Center Guidelines and the National Strategy for Information Sharing, and
achievement of a baseline level of capability as defined by Global's Baseline Capabilities for State and Major Urban
Area Fusion Centers, a supplement to the Fusion Center Guidelines, located at
http://www.R.oip.aov/documents/baselinecapabilitiesa.pdf. The recipient agrees to fund any multi-state or multi-urban
area Investments that were included in the FY2009 Investment Justification that was submitted to GPD and received
a bonus in the effectiveness analysis.
A personnel cap of up to 50% of total program funds may be used for personnel and personnel-related activities as
directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland
Security Act (Public Law 110-412). In general, the use of Homeland Security Grant Program grant funding to pay for
staff and/or contractor regular time or overtime/backfill is considered a personnel cost.
MMRS
MMRS is a local grant which will require each MMRS Jurisdiction establish a single Point of Contact (POC) who will
serve as the responsible contact for MMRS implementation, activities, and procurement for the jurisdiction as lead
and in coordination with a Jurisdictional MMRS Steering Committee. The POC and MMRS Steering Committee will
integrate local emergency management, health and medical systems with their Federal and State counterparts
through a locally established multi-agency, collaborative planning framework; promote regional coordination of mutual
aid with neighboring localities; regularly validate the jurisdictions local emergency response capability to a mass
casualty incident by means of an exercise or other validation means; collaborate with local, regional, and State health
and medical partners, such as Medical Reserve Corps Units and Citizen Corps Councils, as well as leverage other
Vol.' d 7z pg. 71P
Federal programs, such as the U.S. Department of Health and Human Services Assistant Secretary for
Preparedness and Response (DHHS-ASPR) Hospital Preparedness Program and Emergency Systems for Advance
Registration of Volunteer Health Professionals (ESAR-VHP), Center for Disease Control and Prevention Cities
Readiness Initiative and Strategic National Stockpile, to coordinate and support plans, processes and strategies
related to, but limited to: Continuity of Government; Continuity of Operations; Equipment and Supplies Procurement;
Fatality Management; Forward Movement of Patients; Hospital Evacuation; Interoperable Communications; Patient
Tracking; Pharmaceutical and Medical Supply Management and Distribution; Public Education; Outreach and
Information; Recruiting Volunteers; and Training; ensure the "MMRS Leadership" is fully represented on the Urban
Area Working Group in cases where a MMRS grant is awarded and a UASI program exists; ensure all neighboring
MMRS subgrantees actively and demonstratively collaborate to develop a regional plan that supports the MMRS
mission in that region in cases where MMRS subgrantees are located adjacent to one another and implement an
Investment Justification that clearly identifies the size of the populations included in the planning and operational
areas supported by the MMRS grant. The Metropolitan Medical Response System (MMRS) provides funds to build
capabilities at the State and local levels to implement the goals and objectives included in State Homeland Security
Strategies and initiatives in the State Preparedness Report. MMRS supports the implementation of State Homeland
Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts
of terrorism and other catastrophic events. In addition, MMRS supports the implementation of the National
Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response
Framework (NRF).
Activities implemented under MMRS must support terrorism preparedness by building or enhancing capabilities that
relate to the prevention of, protection from, or response to, and recovery from terrorism in order to be considered
eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for
other hazards. Grantees must demonstrate this dual-use quality for any activities implemented under this program
that are not explicitly focused on terrorism preparedness.
JUse of MMRS funds must be consistent with and supportive of implementation of the State Homeland Security
Strategy and State Preparedness Report. Linkages between specific projects undertaken with MMRS funds and
strategic goals and objectives will be highlighted through regular mechanisms, including the Biannual Strategy
Implementation Report (BSIR)
As defined in the FY 2009 grant guidance, the FY 2009 MMRS will focus on two objectives as the highest priorities.
These two objectives are:
1. National Priority: Strengthen Information Sharing and Collaboration Capabilities - Maximizing Information
Sharing via the National Network of Fusion Centers;
2. National Priority: Strengthen Medical Surge and Mass Prophylaxis - Developing and Enhancing Health and
Medical Readiness and Preparedness Capabilities. These two priorities are in addition to the priorities for
all programs under the Homeland Security Grant Program and, if applicable, the Law Enforcement
Terrorism Prevention Activities Priorities.
CCP
The sub-recipient must register their Citizen Corps Council on the Citizen Corps website http://www.citizencorps.gov
and manage their program and information on the site. Citizen Corps Councils must include representatives of
emergency management, homeland security, law enforcement, fire service, medical services/public health or their
designee, elected officials, the private sector, private non-profits, non-governmental organizations and advocacy
groups for special needs populations. In addition, representatives from existing Citizen Corps programs, such as
Volunteers in Police Service (YIPS), Medical Reserve Corps (MRC), Community Emergency Response Team
(CERT), Neighborhood Watch, and Fire Corps should be included on the Citizen Corps Council. Where applicable, a
Metropolitan Medical Response System representative should also be included on the Citizen Corps Council.
All allocations and use of funds under this grant must be in accordance with the FY 2009 HSGP Guidelines and
Application Kit found at - http://www.fema.gov/governmentlgrantlhsgplindex.shtm. All award Sub-recipients are
required to have read, understood and accepted the FY 2009 HSGP Guidance and Application Kit as binding.
C. Standard of Performance. The Sub-recipient shall perform all activities and projects entered into the SAA web-
based grants management system approved by its Council of Governments (COG) and by the State Administrative
Agency (SAA). The Sub-recipient shall, perform all activities in accordance with all terms, provisions and requirements set
forth in this Sub-recipient agreement and the
1. Applicable Laws and Regulations, hereinafter referred to as "Exhibit A";
2. Certifications, hereinafter referred to as "Exhibit B"; and
Vol. 14-7 Pg.
3. Certification Regarding Lobbying for Sub-recipient Agreements, Grants, Loans, and Cooperative Agreements,
hereinafter referred to as "Exhibit C".
D. Failure to Perform. In the event the Sub-recipient fails to implement the project(s) entered into The SAA web-based
grants management system, or comply with any of this Sub-recipient agreement's provisions, in addition to the remedies
specified in this Sub-recipient agreement, the Sub-recipient is liable to TDEM for an amount not to exceed the award
amount of this Sub-recipient agreement and may be barred from applying for or receiving additional DHS/FEMA grant
program funds or any other federal program funds administered by TDEM until repayment to TDEM is made and any
other compliance or audit finding is satisfactorily resolved.
TDEM Obligations
A. Measure of Liability. TDEM shall be liable for actual and reasonable costs incurred by the Sub-recipient during the
Sub-recipient agreement period for performances rendered under this Sub-recipient agreement by the Sub-recipient,
subject to the limitations set forth in this Section. TDEM shall not be liable to the Sub-recipient for any costs incurred by
the Sub-recipient that are not allowable costs.
B. Sub-recipient Agreement Funds Defined and Limit of Liabil ty. The term "Sub-recipient agreement funds" as used in
this Sub-recipient agreement means funds provided by TDEM under the DHS/FEMA grant programs. The term "Sub-
recipient's funds" or match funds as used in this Sub-recipient agreement means funds provided by the Sub-recipient.
Notwithstanding any other provision of this Sub-recipient agreement, the total of all payments and other obligations
incurred by TDEM under this Sub-recipient agreement shall not exceed the Total Award Amount listed on the cover page
of the Sub-recipient agreement.
C. Excess Payments. The Sub-recipient shall refund to TDEM any sum of Sub-recipient agreement funds that has
been paid to the Sub-recipient by TDEM or that TDEM determines has resulted in overpayment to the Sub-recipient that
TDEM determines has not been spent by the Sub-recipient in accordance with this Sub-recipient agreement. No refund
payment(s) may be made from local, state or federal grant funds unless repayment with grant funds is specifically
permitted by statute or regulation. The Sub-recipient shall make such refund to TDEM within thirty (30) days after TDEM
requests such refund.
Suspension
Notwithstanding the provisions of Chapter 2251, Texas Government Code, in the event the Sub-recipient fails to comply
with any of this Sub-recipient Agreement's terms, TDEM may, upon written notification to the Sub-recipient, suspend this
Sub-recipient agreement in whole or in part, withhold payments to the Sub-recipient and prohibit the Sub-recipient from
incurring additional obligations of Sub-recipient agreement funds.
Termination
A. TDEM's Right to Terminate. TDEM shall have the right to terminate this Sub-recipient agreement, in whole or in
part, at any time before the end of the Performance Period, whenever TDEM determines that the Sub-recipient has failed
to comply with any of this Sub-recipient agreement's terms. TDEM shall notify the Sub-recipient in writing prior to the
thirtieth (30n day preceding the termination of such determination and.include:
1. the reasons for such termination;
2. the effective date of such termination; and
3. in the case of partial termination, the portion of the Sub4ecipient agreement to be terminated.
B. Parties' Right to Terminate. In addition to TDEM's right to terminate specified in Subsection A of this section, both
Parties shall have the right to terminate this Sub-recipient agreement, in whole or in part, when the Parties agree that the
continuation of the activities funded under this Sub-recipient agreement would not produce beneficial results
commensurate with the further expenditure of Sub-recipient agreement funds. The Parties shall agree, in writing, upon
the termination conditions, including the effective date of termination and in the case of partial termination, the portion of
the Sub-recipient agreement to be terminated.
Conflict of Interest
The Sub-recipient shall operate in a manner to avoid any potential conflict of interest, real or apparent, and comply with
the related requirements of the Uniform Grant Management Standards (UGMS).
A. Financial Interest Prohibited. A conflict of interest may arise when the employee, officer or agent; any member of
his or her immediate family; his or her partner; or, any organization that employs, or is about to employ any of the above,
has a financial or other interest in the firm or person selected to perform a subcontract pursuant to this Sub-recipient
agreement. The Sub-recipient shall ensure that no employee, officer, or agent f e Sub-recipient shall participate in the
Vol.- Pg
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selection, in the award or administration of a subcontract supported by Sub-recipient agreement funds pursuant to this
Sub-recipient agreement and comply with Chapter 171, Texas Local Government Code.
B. Other Prohibited Interests. In all cases not governed by Subsection A of this.Section and except for eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, elected official, appointed
official of the Sub-recipient or of a subcontractor of the Sub-recipient who exercises or have exercised any functions or
responsibilities with respect to the activities assisted under this Sub-recipient agreement or any other DHS/FEMA Sub-
recipient agreement who are in a position to participate in a decision making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from the activity, have an interest in or benefit from the
activity or have any interest in any Sub-recipient agreement, subcontract or agreement with respect to the activities or the
proceeds either for themselves or those with whom they have family or business ties during their tenure or for one year
thereafter.
C. Inclusion in Subcontracts. The Sub-recipient shall include the substance of this Section in all subcontracts.
Monitoring
TDEM reserves the right to perform periodic office-based and/or on-site monitoring of the Sub-recipient's compliance with
this Sub-recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub-recipient's
performance pursuant to this Sub-recipient agreement. After each monitoring visit, TDEM shall provide the Sub-recipient
with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub-recipient's
performance under this Sub-recipient agreement's terms, the monitoring report shall include requirements for the timely
correction of such deficiencies by the Sub-recipient. Failure by the Sub-recipient to take.action specified in the monitoring
report may be cause for this Sub-recipient agreement's suspension or termination pursuant to the Suspension and/or
Termination Sections above.
Audit
A. Audit of Federal and State Funds. The Sub-recipient shall arrange for the performance of an annual financial and
compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub-recipient
agreement as required by the Single Audit Act (OMB Circular A -133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The
Sub-recipient will also comply, as applicable, with Texas Government Code, Chapter 783, 1 TAC 5.141.et.seq. and the
Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative
Agreements.
B. TDEM's Right to Audit. Notwithstanding Subsection A of this Section, TDEM reserves the right to conduct a financial
and compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub-recipient
agreement. The Sub-recipient agrees to permit TDEM or its authorized representative to audit the Sub-recipient's records
and to obtain any documents, materials or informafion necessary to facilitate such audit.
C. Sub-recipient's Liability for Disallowed Costs. The Sub-recipient understands and agrees that it shall be liable to
TDEM for any costs disallowed pursuant to financial and compliance audit(s) of Sub-recipient agreement fundsrThe Sub-
recipient further understands and agrees that reimbursement to TDEM of such disallowed costs shall be paid by the Sub-
recipient from funds that were not provided or otherwise made available to the Sub-recipient pursuant to this Sub-recipient
agreement or any other federal contract.
D. Sub-recipient's Facilitation of Audit. The Sub-recipient shall take such action to facilitate the performance of such
audit(s) conducted pursuant to this Section as TDEM may require of the Sub-recipient. The Sub-recipient shall ensure
that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub-recipient and
the requirement to cooperate is included in any subcontract it awards.
Reimbursement
Sub-recipient agrees to make no request for reimbursement prior to return of this agreement signed by the authorized
Sub-recipient representative. Sub-recipient also agrees to make no request for reimbursement for goods or services
procured by Sub-recipient prior to the performance period start date of this agreement.
A. Reouest for Advance or Reimbursement. The Sub-recipient shall submit to TDEM, a properly completed Local
Purchase Submission Cover Sheet as often as actually needed. TDEM retains the authority to approve or deny amount
requested and shall not make disbursement of any such payment until TDEM has reviewed and approved such a request.
The Local Purchase Submission Cover Sheet shall be supported by documentation as required by the SAA, currently
referenced on the SAA web-based grants management system, and may be revised in subsequent policy updates.
B. Reouest for Advance Funds and Transfer of Funds. The Sub-recipient's requests for an advance of Sub-recipient
agreement funds shall be limited to the minimum amounts needed for effective operation of their project(s) under this
Sub-recipient agreement and shall be timed as closely as possible to be in a'cccoorr/d with actual cash requirements. The
Vol. a ' Pg. / 1
Sub-recipient shall establish procedures to minimize the time elapsing between the transfer of funds from TDEM to the
Sub-recipient and shall ensure that such funds are disbursed within fifteen (15) days unless extenuating circumstances
can be documented.
C. Payment Contingent. Notwithstanding the provisions of Subsection A of this Section, payments under this Sub-
recipient agreement are contingent upon the Sub-recipient's performance of its contractual obligations. .
D. Source Documentation Requirement: Sub-recipients must provide proof of payment documentation with all
reimbursement requests submitted for processing. The following is a list of acceptable proof of payment documents:
o Copy of cancelled check
o Screen print of General Ledger account showing funds have been encumbered
o Credit Card Statement showing purchase of the items
o Payroll journal for individuals showing rate of pay and hours worked
o Copy of invoice stamped "paid" with the date, vendor initials and check number for reference
National Incident Management System (NIMS) and the Incident Command System (ICS)
Sub-recipients must have adopted and be implementing the National Incident Management System (NIMS) and the
Incident Command System (ICS) at the local level. NIMS compliance for 2009 must be achieved by completing required
actions outlined by FEMA and TDEM.
For a more detailed description of these requirements, as well as other NIMS implementation requirements, see
htto://www. fema. oov/emergency/nimsICurrentYearGuidance. shtm
NIMSCAST Requirements
To be eligible to receive FY 2009 DHS funding, local primary jurisdictions and tribes must have achieved 100%
compliance with the FY 2008 NIMS compliance objectives and metrics in the NIMSCAST by January 30, 2009.
All State and territory grantees were required to submit their compliance assessment via the NIMSCAST by September
30, 2008 in order to be eligible for FY 2009 preparedness programs.
Additional information on achieving NIMS compliance is available through the FEMA National Integration Center (NIC)
Incident Management Systems Integration (IMSI) Division at htti)://www.fema.gov/emergencv/nims/.
Other Requirements
A. During the performance period of this grant, Sub-recipients must maintain an emergency management plan at the
Intermediate Level of planning preparedness or higher, as prescribed by TDEM. 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 TDEM identifies deficiencies in the Sub-recipient's plan, Sub- .
recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM.
B. Projects identified in the SAA web-based grant management system must identify and relate to the goals and
objectives indicated by the applicable approved project investments for the period of performance of the grant.
C. During the performance period of this grant, Sub-recipient agrees that it will participate in a legally-adopted county
and/or regional mutual aid agreement.
D. During the performance period, the Sub-recipient must register as a user of the Texas Regional Response Network
(TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized
teams/response units equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and
rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources
available to other jurisdictions through mutual aid.
E. Sub-recipients must submit Fiscal Year 2009 Indirect Cost Allocation Plan signed by Cognizant Agency. Plan should
be forwarded to the SAA along with the Planning and Administration Grant Budget Form.
F. Council of Governments (COG) will follow guidelines listed in the SAA FY 09 COG Statement of Work.
H. The State's 24 planning regions are voluntary associations of local governments organized pursuant to state law as
regional planning commissions, councils of govemrie~~ velopmerq coouncils,, area councils. It is recognized that
1 r
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CC17
one of the major functions of state planning regions as homeland security grant Sub-recipients is to perform a wide variety
of planning and some program administration for both their region and on behalf of the cities and counties within the
region that may also be homeland security grant Sub-recipients.
Closing the Grant
A. The Sub-recipient must have expended all grant funds and submitted expenditure reimbursement requests and any
invoices by the end of the performance period listed on the sub-recipient agreement.
B. TDEM/SAA will close a sub-award after receiving Sub-recipient's final performance report indicating that all approved
work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported
information, and reconciling actual costs to awards modifications and payments. If the dose out review and reconciliation
indicates that the Sub-recipient is owed additional funds, TDEM/SAA will send the final payment automatically to the Sub-
recipient. If the Sub-recipient did not use all the funds received, TDEM/SAA will issue a Grant Adjustment Notice (GAN)
to recover the unused funds.
C. TDEM/SAA will unilaterally dose out this grant if sub-recipient does not reconcile account and sign closeout GAN by
the 60th day after the sub-recipient performance period ends.
Restrictions, Disclaimers and Notices
A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed
justification must be submitted to and approved by TDEM/SAA prior to obligation or expenditure of such funds.
U.S. Department of Justice Financial Guide (Part III Chapter 15) htto.//www.oio.usdoi.oovlfinancialauide/
B. In cases where local funding is established by COGS, release of funds by TDEM is contingent upon regional funding
allocation approval by the Sub-recipient's COG governing board.
C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that TDEM's obligations
under this agreement are contingent upon the receipt of adequate funds to meet TDEM's liabilities hereunder. TDEM
shall not be liable to the Sub-recipient for costs under this Agreement which exceed the amount specified in the Notice of
Sub-recipient Award.
D. Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed
sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such
as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall
give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third
business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following
business day.
Chief
Division of Emergency Management
State Administrative Agency
PO Box 4087
Austin, TX 78773-0220
Uniform Administrative Requirements, Cost Principals and Audit Requirements
Except as specifically modified by law or this Sub-recipient agreement's provisions, the Sub-recipient shall administer the
award through compliance with all applicable Laws and Regulations. A non-exclusive list is provided below
A. Administrative Requirements
1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments;
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organizations (OMB Circular A-110).
B. Cost Principles
1. 2C.F.R. Part 225, Cost Principles for State, Local and Tribal Governments (OMB Circular A-87)
2. 2C.F.R. Part 220, Cost Principals for Education Institutions (OMB Circular A-21)
3. 2C.F.R. Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122)
4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations
vol. 1 a7 7 pg. 8 I
C. Audit Requirements - OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations.
Retention and Accessibility of Records
A. Retention of Records. The Sub-recipient shall maintain fiscal records and supporting documentation for all
expenditures of Sub-recipient agreement funds pursuant to the applicable OMB Circular and this Sub-recipient
agreement. The Sub-recipient shall retain these records and any supporting documentation for the greater of three (3)
years from the completion of this project's public objective, including program requirements and financial obligations, or
the period of time required by other applicable laws and regulations as described in Exhibit A.
B. Access to Records. The Sub-recipient shall give the United States Department of Homeland Security (DHS), the
Comptroller General of the United States, the Texas State Auditor, TDEM, or any of their duly authorized representatives,
access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging
to or in use by the Sub-recipient pertaining to this Sub-recipient agreement including records concerning the past use of
DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by the Sub-recipient. The
Sub-recipient agrees to maintain such records in an accessible location and to provide citizens reasonable access to such
records consistent with the Texas Public Information Act, Chapter 552, Texas Government Code.
C. Inclusion in Subcontracts. The Sub-recipient shall include the substance of this Section in all subcontracts.
Subcontracts
A. TDEM's Approval of Subcontract and Liability. The Sub-recipient may subcontract for performances described in
this Sub-recipient agreement without obtaining TDEM's prior written approval.
B. Sub-recipient Liability. In no event shall any provision of this Section be construed as relieving the Sub-recipient of
the responsibility for ensuring that the performances rendered under all subcontracts comply with all of this Sub-recipient
agreement's terms as if such performances rendered were rendered by the Sub-recipient. TDEM's approval under this
Section does not constitute adoption, ratification or acceptance of the Sub-recipient's or a subcontractor's performance.
C. Applicable Law. The Sub-recipient shall comply with 44 C.F.R. § 13.1-13.52 and all applicable federal and state
laws outlined in Exhibit A and local laws, regulations and ordinances related to making procurements under this Sub-
recipient agreement.
Legal Authority
A. Signatory Authority. The Sub-recipient assures and guarantees that the Sub-recipient possesses the legal authority
to enter into this Sub-recipient agreement, receive Sub-recipient agreement funds and to perform the services the Sub-
recipient has obligated itself to perform pursuant to this Sub-recipient agreement.
B. Authorized Representative. The person or persons signing and executing this Sub-recipient agreement on the Sub-
recipient's behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub-recipient to
execute this Sub-recipient agreement on the Sub-recipient's behalf and to validly and legally bind the Sub-recipient to all
contractual terms, performances and provisions.
Notice of Litigation and Claims
The Sub-recipient shall give TDEM immediate notice in writing of:
1. any action, including any proceeding before an administrative agency, filed against the Sub-recipient arising
out the performance of any subcontract under this Sub-recipient agreement; and
2. any claim against the Sub-recipient, the cost and expense of which the Sub-recipient may be entitled to be
reimbursed by DHS/FEMA grant programs.
Except as otherwise directed by TDEM, the Sub-recipient shall furnish immediately to TDEM copies of all documentation
received by the Sub-recipient with respect to such action or claim.
Indemnification
To the extent permitted by law, the Sub-recipient agrees to hold TDEM harmless and to indemnify TDEM from and
against any and all claims, demands and causes of action of every kind and character that may be asserted.by any party
occurring or in any way incident to, arising out of or in connection with the services to be performed by the Sub-recipient
pursuant to this Sub-recipient agreement.
Vol. i a____8 Pg'=
Changes and Amendments
A. Written Amendment. Except as specifically provided otherwise in this Sub-recipient agreement, any alterations,
additions or deletions to this Sub-recipient agreement's terms shall be made through Grant Adjustment Notices generated
by the SAA web-based grants management system and executed by the Parties.
B. Authority to Amend. During the period of this Sub-recipierit agreement's performance TDEM and/or FEMA may
issue policy directives that serve to establish, interpret or clarify this Sub-recipient agreement's performance
requirements. Such policy directives shall be promulgated by TDEM or FEMA in the form of Information Bulletins and
shall have the effect of qualifying this Sub-recipient agreement's terms and shall be binding upon the Sub-recipient as if
written in the Sub-recipient agreement.
C. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Sub-recipient
agreement's terms that are required by the changes in federal and state laws or regulations are automatically
incorporated into this Sub-recipient agreement without written amendment to this Sub-recipient agreement and shall
become effective on the date designated by such law or regulation. Federal Emergency Management Agency (FEMA)
periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers.
FEMA's National Preparedness Directorate Information Bulletins can be accessed at
htto://wwy.oio.usdoi.gov/odpldocs/bulletins.htm and are incorporated by reference into this sub-grant.
Headings
Headings and captions of this Sub-recipient agreement's sections and paragraphs are only for convenience and
reference. These headings and captions shall not affect or modify this Sub-recipient agreement's terms or be used to
interpret or assist in the construction of this Sub-recipient agreement.
Oral and Written Agreements
A. Prior Agreements. All oral and written agreements between the Parties relating to this Sub-recipient agreement's
subject matter that were made prior to Date of Execution have been reduced to writing and are contained in this Sub-
recipient agreement.
B. Exhibits. The exhibits enumerated and denominated in the agreement are hereby made a part of this Sub-recipient
agreement and constitute promised performances by the Sub-recipient in accordance with the Sub-recipient agreement
and the Exhibits.
C. Commissioner's Signature. This Sub-recipient agreement is not effective unless signed by the Chief of TDEM or by
his authorized designee.
Waiver
Any right or remedy provided for in this Sub-recipient agreement provision shall not preclude the exercise of any other
right or remedy under this Sub-recipient agreement or under any provision of law, nor shall any action taken or failure to
take action in the exercise of any right or remedy be deemed a waiver of any other rights or remedies at any time.
Venue
For purposes of litigation pursuant to this Sub-recipient agreement, venue shall lie in Travis County, Texas, and be
governed by Texas Statute.
9
Vol. '1 a1 Fig. 93
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Vol. pg g
EXHIBIT A
THE APPLICABLE LAWS AND REGULATIONS
The Sub-recipient shall comply with OMB Circular A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372
(intergovernmental review of federal programs); and 44 C.F.R, Part 13, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments. Sub-recipients shall also comply with 2C.F.R. Part 215,
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, 2C.F.R. Parts 225, State and Local
Governments, Part 220, Educational Institutions; and Part 230, Non-Profit Organizations. Compliance with Federal
Acquisition Regulation Sub-part 31.2, Contracts with Commercial organizations is required. Sub-recipient shall also comply
with all other federal, state, and local laws and regulations applicable to this Sub-recipient agreement's activities and
performances rendered by the Sub-recipient including but not limited to the laws and the regulations promulgated hereunder
and specified in State Administrative Agency Information Bulletins, Texas Uniform Grants Management Standards (UGMS)
and Paragraph A through M of this Exhibit.
A. CIVIL RIGHTS - Title VI of the Civil Rights Act of 1964, as amended. (42 U.S.C. § 2000d et seq.); (44 C.F.R. 7.1)
http://uscode.house.oov/uscode-cgUfastweb.exe?aetdoc+uscview+t41 t42+2957+3++%28civil%20ri
httoYAvww.access. opo.oov/nara/cfrhvaisidx 07144cfr7 07.html
B. HANDICAP AND ARCHITECTURAL BARRIERS - Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); (44
C.F.R. 16.101)
http.Y/uscode.house.oov/uscode-cgi/fastweb.exe?aetdoc+uscview+t29t32+363+0++%28Handicap%29 ;
http.//frweboate. access. opo.gov/coi-bir✓get-cfr cwi?TITLE=448PART=168SECTION=101 &TYPE=TEXT ;
The Sub-recipient shall ensure that the plans and specifications for construction of, improvements to, or the renovation of
buildings, related to this project have been received by the Texas Department of Licensing and Regulation (fDLR)
concerning the elimination of architectural barriers encountered by persons with disabilities as specified in Chapter 469,
Texas Government Code. httpYAvww.statutes.leais.state.br.u&?Iink=GV
C. ENVIRONMENTAL LAW AND AUTHORITIES -In accordance with the provisions of law cited in 44 C.F.R. § 10.8, the
responsible entity shall assume the environmental responsibilities for projects under programs cited in §10.1, and in doing
so shall comply with the provisions of the National Environmental Policy Act of 1969, as amended and the Council on
Environmental Quality regulations contained in 40 C.F.R. parts 1500 through 1508.
http://www.access.gpo.gov/nara/cfr/waisidx 07140cfr1501 07.html ; (44 C.F.R. 10.1)
http://edockeLaccess.gpo.gov/cfr 20071octotr144cfr10.1.htm
.D.. LABOR STANDARDS - The Davis-Bacon Act, as amended (40 U.S.C. § 3142)
http://uscode.house. oov/uscode-cqi fastweb. exe?aetdoc+uscview+t37t40+1723+1 ++%28%29%20%20A ;
The Contract Work Hours & Safety Standards Act (40 U.S.C.§ 3702)
http://uscode. house. oov/uscode-cgUfastweb. exe?getdoc+uscview+t37t40+1765+1 ++%28%29 %20%20A;
The Copeland "Anti-Kickback" Act (18 U.S.C. § 874)
http://uscode.house.oov/uscode-coi/fastweb. exe?getdoc+uscview+t17t20+511 +0++%28%29%20%20AN
E. FREEDOM OF INFORMATION ACT- (5 U.S.C. 552); (44 C.F.R. 5.1)
http://edocket.access.goo.oov/cfr 2007/octatr/44cfr5.1.htm ;
http: //uscode. house.QOV/uscode-cpilfasrweb. exe?zetdoc+uscview+t05t08*26+0++%28information
F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 - If the
.Sub-recipient is a governmental entity, it must comply with the requirements of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a
result of federal and federally-assisted programs; and (Federal Assurance) - (42 U.S.C. 4601); (44 C.F.R. 25.1)
htto://fnvebgate, access. goo. oov/cgi-bin/get-cfr.cgi?TITLE=448PART=25&SECTION=I&TYPE=TEXT
http://uscode.house.oov/uscode-c,gXastweb. exe?getdoc+uscview+t41 t42+4568+1++%28%29%20%20A
G. FAITH-BASED ACTIVITIES - Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith-
Based and Community Organizations, (67 Fed. Reg. 77141) http://edocket.access. goo. gov20021pdf102-31831.pdf
H. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND THE INCIDENT COMMAND SYSTEM (ICS) - Sub-
Recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident
Command System (ICS) at the local level. http:/hvww.fema.gov/emen7encv/nims 10 Vol. Pg,
1.
rry
,..E .t .
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Vol. 1 a7 Pg.
I. PROGRAM INCOME - If a Sub-recipient is approved for an advance, the funds must be deposited in a separate
interest bearing account and are subject to the rules outlined in the Uniform Rule 28C.F.R. Part 66, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at
httpYAvww.access.(7po.aov/nara/cfNwaisidx 03128cfr66 03.html and the Uniform Rule 28C.F.R. Part 70, Uniform
Administrative Requirements for Grants and Agreements Including sub-awards) with Institutions of Higher Education,
Hospitals, and other Nonprofit Organizations, at http://www.access.qpo.gov/nara/cfr/waisidx 03/28cfr70 03.html . Sub-
recipients must report any interest earned to TDEM/SAA. Any interest earned in excess of $100 must, on a quarterly
basis, be remitted to:
United States Department of Health and Human Services
Division of Payment Management Services
P.O. Box 6021
Rockville, MD 20852
J. AUDITS - The Sub-recipient shall arrange for the performance of an annual financial and compliance audit of Sub-
recipient agreement funds received and performances rendered under this Sub-recipient agreement under the Single
Audit Act (OMB Circular A - 133; 44 C.F.R. 13.26)
http://fnvebaate. access. gpo. gov/cgi-birVgetcfr. coi?TITLE=44&PART=13&SECTION=26&TYPE=TEXT ;
http J/www.dhs.gov/xopnbizlgrants/gc 1162481125903.shtm
K. GRANT ADMINISTRATION - The Sub-recipient will also comply with Texas Government Code, Chapter 783,
httpl/www.statutes.legis.state.tx.us/?iink=GV ; and the Uniform Grant Management Standards (UGMS), State Uniform
Administrative Requirements for Grants and Cooperative Agreements,
http:/lnfo.sos.state.tx.us/pls/pub/readtac$extTacPape?s1=T&app=9&p dir-N&p doc=111847&p tloc=&o plot=l&pq=2&
o tac=&d=1&pt=1&ch=5&d=141
Sub-recipients must also comply with 44, C.F.R., Part 13,
http.//www.access. gpo. gov/nara/cfr/waisidx 07144cir13 07.hbnl;
with 2C.F.R. Part 215 http://www.access.gpo.gov/nara/cfr/waisidx 082cfM 08.hhn1#215, 2C.F.R. Part 225, Part 220
and Part 230.
L. PROPERTY ADMINISTRATION -TAC Title 1, Part 5, Chapter 116,
http)/nfo.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac view=3&ti=1&pt=5
M. PUBLICATIONS-44 C.F.R., Section 13.34
httpYlTrwebgate. access.opo.oov/cgi-bin/get-cfr.mi?TITLE=44&PART=13&SECTION=34&TYPE=TEXT
1. . Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non-
exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal
government purposes: (1) the copyright in any work developed under an award or sub-award; and (2) any rights of
copyright to which a recipient or Sub-recipient purchases ownership with Federal support. The Recipient agrees to consult
with NPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding.
2. The Sub-recipient agrees that all publications created with funding under this grant shall prominently contain the
following statement: "This Document was prepared under a grant from the National Preparedness Directorate, United
States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors
and do not necessarily represent the official position or policies of U.S. Department of Homeland Security."
Vol. Ian It pg 97
r
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"A ION
Vol. 1 a pg. g~
EXHIBIT B
CERTIFICATIONS
I, IulYbly S01.S (print) as the authorized official of `~S ~?A tE~s hereinafter
referred to as the "Sub-recipient," certify the following with respect to the expenditure of Sub-recipient agreement funds.
A. The Sub-recipient shall minimize displacement of persons as a result of activities assisted with Sub-recipient
agreement funds.
B. The program shall be conducted and administered in conformity with the Civil Rights Act of 1964, as amended, (42
U.S.C. § 2000a at seq.); Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. § 794); Title IX of the
Education Amendments of 1972, as amended, (20 U.S.C. § 1681 et. seq.); The Age Discrimination Act of 1975, as
amended, (20 U.S.C. § 6101 et. seq.).
C. As specified by TDEM and FEMA, in the event that displacement of residential dwellings shall occur in connection with
a project assisted with HSGP funds, the Sub-recipient shall follow a residential anti-displacement and relocation
assistance plan.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for
prospective participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal
Certification) The Sub-recipient 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; Sub-recipients can access debarment information by going to www.eols.oov and the
State Debarred Vendor List htto //www window state.tx.us/orocurementloroo/vendor performance/debarredL
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 (D)(2) 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; and
5. 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)
E. Sub-recipient understands and certifies that it will not 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.
F. The Sub-recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant)
funds that have been appropriated for the same purpose. Sub-recipient 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.
FY 2009 HSGP
Signature Date
Von.. l a-1 12 $ R
' b'
Vol.. 1 Pg. 9
EXHIBIT C
CERTIFICATION REGARDING LOBBYING FOR
SUB-RECIPIENT AGREEMENTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned, ?Inr~dt/ si n&s (print), as the authorized official of _Zrzz-zzS t Lsotr-
certifies the following to the b st of his/her knowledge and belief.
A. No federal appropriated funds have been paid or shall be paid by or on behalf of the undersigned to any person for
influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee
of Congress or an employee of a member of Congress in connection with the awarding of any federal Sub-recipient
agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative
.agreement and the extension, continuation, renewal, amendment or modification of any federal Sub-recipient agreement,
grant, loan or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or shall be paid 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 this federal Sub-recipient agreement grant, loan or
cooperative agreement, the undersigned shall complete and submit standard form Disclosure Form to Report Lobbying
form in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all sub-
awards including sub-contracts, sub-grants and Sub-recipient agreements under grants, loans, and cooperative
agreements and that all Sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fad upon that reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31
U.S.C § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Signature Date
vol. 1_ Pg. 9 I
I
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Vol. pg.
7x1 6
O s (Rev4-0s!4) For C«npbollar's use mty '
VENDOR DIRECT DEPOSIT AUTHORIZATION
Under Ch. 559, Government Code, you are entitled to review, request, and correct information "have on file about you, with limited exceptions in accordance
with Ch. 552, Government Code. .
INSTRUCTIONS
• Use only BLUE or BLACK ink. -,,Check all appropriate box(es).
• Alterations must be initialed. • For further instructions, see the back of this form.
TRANSACTION TYPE
o New setup (Sections 2, 3 8 4) ❑ Change financial institution (Sections Z 3 8 4)
F ❑ Cancellation (Sections 2 8 3) ❑ Change account number (Sections 2, 3 8 4)
U
w ❑ Change account type (Sections 2, 3 8 4)
rn
PAYEE IDENTIFICATION
1.SodalSttvrllY nrsnEer« I-I 2 Mail rule l/rndW usH be
r Fetlaal Employers ltlentirr .(FEI) ❑ I I I I I I I s°A'Pk°tlbt'f4yrpStazeApc,y~ I
Z
Q 3.Nare 4. aie:hlnsa r/viarvnEa
W
N S. McMng adrlss 7Gy 7.SM B.zlpo
AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION
9. Pursuant to Section 403.016, Texas Govemment Code, I authorize the Comptroller of Public Accounts to deposit by electronic transfer payments
owed to me by the State of Texas and, if necessary, debit entries and adjustments for any amounts deposited electronically in error. The Comptroller
shall deposit the payments in the financial institution and account designated below. I recognize that if I fail to provide complete and accurate informa-
ZQ bon on this authorization torte, the processing of the forth may be delayed or that my payments may be erroneously transferred electronically.
0
W 1 consent to and agree to comply with the National Automated Clearing House Association Rules and Regulations and the Comptroller's rules about
in electronic transfers as they exist on the date of my signature on this forth or as subsequently adopted, amended or repealed.
10. Auanr¢ed signetwe I I 11. Pm1eE reme 12 Date
FINANCIAL INSTITUTION (Completion by financial institution is recommended.)
13. Finanoal institution name ta. City 1s. state
O 16. Reuling tranait number 17. Customer account number (Dashes repp)/aC. ❑ YES) 1B. Type of autauM
2 _
O I I I I I I LJ L 1 I I I I I I I I 1 I I I 1 I I❑ Checking ❑ Savings
U U 19. RepaserHetN name (Haase Pratt) 20. Title
w
rn
21. Representative signature (OpbwaB 22 Phone cumber 23. Date
CANCELLATION BY AGENCY
'•s 2e. Reason M. Date
W
y
PAYING STATE AGENCY
M.
sigrieWra 21. Rvsedneme
Z
Z
p 28.Ags2y rams 29. Agercyrvrmber
U I I
w
h 30. Conmenls /31. Pnarianmber M. Data
Note: A vendor can receive email or fax notifications providing one (1) business day advance notice of the payment posting to the
vendor's account. The Advance Payment Notification is available to vendors receiving direct deposit payment(s) from the State of Texas.
To enroll in this free service, complete the Advance Payment Notification Authorization, Form 74-193, available on the Internet at.
httr)~//v,rww.window,state.tx.us/taxinfo/taxformsf74-193.r)d
f
For additional information or assistance, please contact the Claims Division by:
Email: claims.pin@cpa.state.tx.us
Phone: 512/936-8138 in Austin or 800/531-5441 Ext. 6-8138 toll free 2
Vol. I a pg. ~LJ
F 7m 178(13 kXR 4-0514; .
INSTRUCTIONS FOR
VENDOR DIRECT DEPOSIT AUTHORIZATION
SECTION 1: Check the appropriate box(es)
• NEW SETUP - If payee is not currently on direct deposit with the state.
a. Complete Sections 2, 3 & 4.
b. Section 4 is recommended to be completed by financial institution.
• CANCELLATION - If payee wishes to stop direct deposit with the state.
a. Payee completes Sections 2 & 3.
• CHANGE FINANCIAL INSTITUTION
a. Payee completes Sections 2, 3 & 4.
b. Section 4 is recommended to be completed by financial institution.
• CHANGE ACCOUNT NUMBER
a. Payee completes Sections 2, 3 & 4.
b. Section 4 is recommended to be completed by financial institution.
• CHANGE ACCOUNT TYPE
a. Payee completes Sections 2, 3 & 4.
b. Section 4 is recommended to be completed by financial institution.
SECTION 2: PAYEE IDENTIFICATION
Item 1 Leave the boxes blank if you do not have your 11-digit Texas Identification Number. The paying state agency will
provide the information in the boxes. Enter your 9-digit Social Security number or your Federal Employers Identi-
fication (FEI) number.
Item 2 If your 3-digit mail code address identifier is not known, it will be assigned by the paying state agency.
SECTION 3: AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION
Items 10, 11 The individual authorizing must sign, print their name and date the form.
& 12
NOTE: No alterations in this section will be allowed.
SECTION 4: FINANCIAL INSTITUTION
Section 4 is recommended to be completed by a financial institution.
NOTE: Alterations to routing, account number and/or type of account must be initialed by the financial institution
representative or the payee.
SECTIONS: CANCELLATION BYAGENCY (State agencyuse only)
Sections 5 & 6 to be completed by the paying state agency.
SECTION 6: PAYING STATE AGENCY (State agency use only)
Section 6 to be completed by the paying state agency before the form can be processed.
Submit the completed form to a state agency with which you are conducting business. This agency will be designated as your
custodial agency. If the direct deposit instructions need to be updated or cancelled, you must contact this agency.
Note: A vendor can receive email orfax notifications providing one (1) business day advance notice of the
payment posting to the vendors account. The Advance Payment Notification is available to vendors receiving
direct deposit payment(s) from the State of Texas.
To enroll in this free service, complete theAdvance Payment Notification Authorization, Form 74-193, available
on the Internet at:
httr)://www.window.state.tx.us/taxinfo/taxforms/74-193.pd
f
For additional information or assistance, please contact the Claims Division by:
Email: claims.pin@cpa.state.tx.us
Phone: 512/936-8138 in Austin or 800/531-5441 Ext. 6-8138 toll free
Vol. 1:1-7 Pg. q4
_
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Amendment 1
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the Department and the,
Brazos County Attorney's Office hereinafter called the Subgrantee, and becomes
effective then fully executed by both parties. For the purpose of this agreement, the
Subgrantee is designated as a(n) Local Government.
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2009.
Project Title: Brazos County Comprehensive Underage Drinking Program
Project Description: Regional Underage Drinking Task Force
Grant Period: This Grant becomes effective on 10101/2008 or on the date of final signature
of both parties, whichever is later, and ends on 09/30/2011 unless terminated or otherwise
modified.
Total Awarded: $343,862.23
Amount Eligible for Reimbursement: $184,341.33
Match Amount: $159,520.90
Program Income: $0.00
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 10/12/2009
Page 2 of 71
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Amendment 1
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer
of the organization for which she/he has executed this agreement and that she/he has full
and complete authority to enter into this agreement on behalf of the organization.
THE SUBGRANTEE THE STATE OF TEXAS
Executed for the Executive Director and
Approved for the Texas Transportation
Commission for the purpose and effect of
Brazos County Attorney's Office activating and/or carrying out orders, established
policies or work programs approved and
authorized by the Texas Transportation
Commission
lel~ By:
[Authorize a ure [District Engineer Texas Department of
Transportation]
[Name] [Name]
c~unl~r ~r L~
[Title] [Title]
Date: I nbcl Oq Date:
Under the authority of Ordinance or By:
Resolution Number (for local
government): Director, Traffic Operations Division Texas
(If Applicable) Department of Transportation (Not required for
local project grants under $100,000.00)
[Resolution Number] Date:
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Vol. a 7 r
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
General Information
Project Title Brazos County Comprehensive Underage Drinking
Program
Project Description Regional Underage Drinking Task Force
How many years has your organization received funding for this project?
This will be our second year.
Project Director Name Gerald Kinard
Organization Address 300 East 26th Street
Suite 325
Bryan, TX 77803
Mailing Address
Multi Year Proposal Selection
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vol. i a7 Pg. q7
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Texas Traffic-Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this
Agreement, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subgrantee shall
furnish the Department with satisfactory proof of its compliance therewith.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations,
policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations),.
Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB
Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB
Circular A-133; and the Department's Traffic Safety Program Manual, as they relate to the
application, acceptance, and use of federal or state funds for this project. Also, the
Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or
similar action has been duly adopted or passed as an official act of the applicant's
governing body, authorizing the filing of the application, including all understandings
and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964
(Public Law 88-352), as amended, and in accordance with that Act, no person shall
discriminate, on the grounds of race, color, sex, national origin, age, religion, or
disability.
C. It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC
(United States Code) §§4601 et seq.; and United States Department of
Transportation (USDOT) regulations, "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which
provide for fair and equitable treatment of persons displaced as a result of federal
and federally assisted programs.
D. It will comply with the provisions of the Hatch Political Activity Act, which limits the
political activity of employees. (See also Article 25, Lobbying Certification.)
E. It will comply with the federal Fair Labor Standards Act's minimum wage and
overtime requirements for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
purpose that is or gives the appearance of being motivated by a desire for private
gain for themselves or others, particularly those with whom they have family,
business, or other ties.
G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
1. It recognizes that many federal and state laws imposing environmental and
resource conservation requirements may apply to this Grant Agreement. Some, but
not all, of the major federal laws that may affect the project include: the National
Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean
Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal
Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource
Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the
Comprehensive Environmental Response, Compensation, and Liability Act, as
amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S.
Environmental Protection Agency, USDOT, and other federal agencies have issued,
and in the future are expected to issue, regulation, guidelines, standards, orders,
directives, or other requirements that may affect this Project. Thus, it agrees to
comply, and assures the compliance of each contractor and each subcontractor,
with any such federal requirements as the federal government may now or in the
future promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any
federal financial assistance for construction or acquisition purposes for use in any
area that has been identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazards. The phrase "federal
financial assistance" includes any form of loan, grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect
federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive
Order 11593, and the Antiquities Code of Texas (National Resources Code,
Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no
officer, employee, or member of the Subgrantee's governing board or the
Subgrantee's subcontractors shall vote or confirm the employment of any person
related within the second degree of affinity or third degree by consanguinity to any
member of the governing body or to any other officer or employee authorized to
employ or supervise such person. This prohibition shall not prohibit the employment
of a person described in Section 573.062 of the Texas Government Code.
M. It will ensure that all information collected, assembled, or maintained by the
applicant relative to this project shall be available to the public during normal
business hours in compliance with Chapter 552 of the Texas Government Code,
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Vol. ) a-7 rg. IOo
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
unless otherwise expressly provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which
requires all regular, special, or called meetings of governmental bodies to be open
to the public, except as otherwise provided by law or specifically permitted in the
Texas Constitution.
ARTICLE 3. COMPENSATION
A. The method of payment for this Agreement will be based on actual costs incurred
up to and not to exceed the limits specified in the Project Budget. The amount
included in the Project Budget will be deemed to be an estimate only and a higher
amount can be reimbursed, subject to the conditions specified in paragraph B
hereunder. If the Project Budget specifies that costs are based on a specific rate,
per-unit cost, or other method of payment, reimbursement will be based on the
specified method.
B. All payments will be made in accordance with the Project Budget.
The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the
approved Project Budget without a grant (budget) amendment, as long as the
overrun does not exceed a total of five (5) percent per year of the maximum amount
eligible for reimbursement (TxDOT) in the attached Project Budget for the current
fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the
Project Budget.
If the overrun is five (5) percent or less, the Subgrantee must provide written
notification to the Department, through the TxDOT Electronic Grants Management
System (eGrants) messaging system, prior to the Request for Reimbursement being
approved. The notification must indicate the amount, the percent over, and the
specific reason(s) for the overrun.
Any overrun of more than five (5) percent of the amount eligible for reimbursement
(TxDOT) in the attached Project Budget requires an amendment of this Grant
Agreement. '
The maximum amount eligible for reimbursement shall not be increased above the
Grand Total TxDOT Amount in the approved Project Budget, unless this Grant
Agreement is amended, as described in Article 5 of this Agreement.
For Selective Traffic Enforcement Program (STEP) grants only. In the Project
Budget, Subgrantees are not allowed to use underrun funds from the TxDOT
amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to
exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are
not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed
in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E
Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
underrun funds from Budget Categories II or III.
C. To be eligible for reimbursement under this Agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant
Period of this Grant Agreement, attributable to work covered by this Agreement, and
which has been completed in a manner satisfactory and acceptable to the
Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources.
The term "supplanting," refers to the use of federal or TxDOT funds to support
personnel or an activity already supported by local or state funds.
E. Payment of costs incurred under this Agreement is further governed by one of the
following cost principles, as appropriate, outlined in the Federal Office of
.Management and Budget (OMB) Circulars:
• A-21, Cost Principles for Educational Institutions;
• A-87, Cost Principles for State, Local, and Indian Tribal Governments; or,
• A-122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly Requests for
Reimbursement, as designated in this Grant Agreement, within thirty (30) days after
the end of the billing period. The Request for Reimbursement and appropriate
supporting documentation must be submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this
Agreement within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
1. Project agreements supported with federal or TxDOT funds are limited to the length
of this Grant Period specified in this Grant Agreement. If the Department determines
that the project has demonstrated merit or has potential long-range benefits, the
Subgrantee may apply for funding assistance beyond the initial Agreement period.
Preference for funding will be given to those projects for which the Subgrantee has
assumed some cost sharing, those which propose to assume the largest
percentage of subsequent project costs, and those which have demonstrated
performance that is acceptable to the Department.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder is contingent upon the availability of funds. If at any
time during this Grant Period, the Department determines that there is insufficient funding
to continue the project, the Department shall so notify the Subgrantee, giving notice of
intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the
end of a federal fiscal year, the Department determines that there is sufficient funding and
performance to continue the project, the Department may so notify the Subgrantee to
continue this agreement.
ARTICLE 5. AMENDMENTS
This Agreement may be amended prior to its expiration by mutual written consent of both
parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be
executed by the parties within the Grant Period, as specified in this Grant Agreement.
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 10/12/2009
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
Agreement and constitutes additional work, the Subgrantee shall promptly notify the
Department in writing through eGrants system messaging. If the Department finds that
such work does constitute additional work, the Department shall so advise the Subgrantee
and a written amendment to this Agreement will be executed according to Article 5,
Amendments, to provide compensation for doing this work on the same basis as the
original work. If performance of the additional work will cause the maximum amount
payable to be exceeded, the work will not be performed before a written grant amendment
is executed.
If the Subgrantee has submitted work in accordance with the terms of this Agreement but
the Department requests changes to the completed work or parts thereof which involve
changes to the original scope of services or character of work under this Agreement, the
Subgrantee shall make such revisions as requested and directed by the Department. This
will be considered as additional work and will be paid for as specified in this Article.
If the Subgrantee submits work that does not comply with the terms of this Agreement, the
Department shall instruct the Subgrantee to make such revisions as are necessary to bring
the work into compliance with this Agreement. No additional compensation shall be paid
for this work.
The Subgrantee shall make revisions to the work authorized in this Agreement, which are
necessary to correct errors or omissions appearing therein, when required to do so by the
Department. No additional compensation shall be paid for this work.
The Department shall not be responsible for actions by the Subgrantee or any costs
incurred by the Subgrantee relating to additional work not directly associated with or prior
to the execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. For short-term projects, only one report
submitted by the Subgrantee at the end of the project may be required. For longer projects,
the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency
of the performance reports is established through negotiation between the Subgrantee and
the program or project manager.
For Selective Traffic Enforcement Programs (STEPS), performance reports must be
submitted monthly.
The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why established
objectives and performance measures were not met, if appropriate, and (3) other pertinent
information, including, when appropriate, an analysis and explanation of cost underruns,
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overruns, or high unit costs.
The Subgrantee shall submit the Final Performance Report through eGrants within thirty
(30) days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing, through eGrants
messaging, of events that will have a significant impact upon this Agreement, including:
A. Problems, delays, or adverse conditions, including a change of project director or
other changes in Subgrantee personnel, that will materially affect the ability to attain
objectives and performance measures, prevent the meeting of time schedules and
objectives, or preclude the attainment of project objectives or performance
measures by the established time periods. This disclosure shall be accompanied by
a statement of the action taken or contemplated and any Department or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure
output than originally projected.
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records,
books, and other evidence pertaining to costs incurred and work performed hereunder,
(hereinafter called the records), and shall make such records available at its office for the
time period authorized within the Grant Period, as specified in this Grant Agreement. The
Subgrantee further agrees to retain said records for four (4) years from the date of final
payment under this Agreement, until completion of all audits, or until pending litigation has
been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall.have access to the
records. This right of access is not limited to the four (4) year period but shall last as long
as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from all
claims and liability due to the acts or omissions of the Subgrantee, its agents, or
employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify,
hold, and save harmless the Department from any and all expenses, including but not
limited to attorney fees, all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any
activities of the Subgrantee, its agents, or employees.
Further, to the extent permitted by law, the Subgrantee, if other than a government entity,
agrees to protect, indemnify, and save harmless the Department from and against all
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claims, demands, and causes of action of every kind and character brought by any
employee of the Subgrantee against the Department due to personal injuries or death to
such employee resulting from any alleged negligent act, by either commission or omission
on the part of the Subgrantee.
If the Subgrantee is a government entity, both parties to this Agreement agree that no
party is an agent, servant, or employee of the other party and each party agrees it is .
responsible for its individual acts and deeds, as well as the acts and deeds of its
contractors, employees, representatives, and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This Agreement supercedes any prior oral or written agreements. If a conflict arises
between this Agreement and the Traffic Safety Program Manual, this Agreement shall
govern.
The Subgrantee shall be responsible for the settlement of all contractual and administrative
issues arising out of procurement made by the Subgrantee in support of Agreement work.
Disputes concerning performance or payment shall be submitted to the Department for
settlement, with the Executive Director or his or her designee acting as final referee.
ARTICLE 11. TERMINATION
This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all
services and obligations described herein and these have been accepted by the
Department, unless:
This Agreement is terminated in writing with the mutual consent of both parties; or
There is a written thirty (30) day notice by either party; or
The Department determines that the performance of the project is not in the best
interest of the. Department and informs the Subgrantee that the project is terminated
immediately.
The Department shall compensate the Subgrantee for only those eligible expenses
incurred during the Grant Period specified in this Grant Agreement which are directly
attributable to the completed portion of the work covered by this Agreement, provided that
the work has been completed in a manner satisfactory and acceptable to the Department.
The Subgrantee shall not incur nor be reimbursed for any new obligations after the
effective date of termination.
ARTICLE 12. INSPECTION OF WORK
The Department and, when federal funds are involved, the US DOT, or any authorized
representative thereof, have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed hereunder and the premises in which it is
being performed.
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If any inspection or evaluation is made on the premises of the Subgrantee or its
subcontractor, the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.
ARTICLE 13. AUDIT
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public
Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in
OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit
Organizations."
The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under this Agreement or indirectly through a subcontract under this
Agreement. Acceptance of funds directly under this Agreement or indirectly through a
subcontract under this Agreement acts as acceptance of the authority of the State Auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior
written concurrence by the Department.. Subcontracts in excess of $25,000 shall contain all
applicable terms and conditions of this Agreement. No subcontract will relieve the
Subgrantee of its responsibility under this Agreement.
ARTICLE 15. GRATUITIES
Texas Transportation Commission policy mandates that employees of the Department
shall not accept any benefit, gift, or favor from any person doing business with or who,
reasonably speaking, may do business with the Department under this Agreement. The
only exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the
Department under this Agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Subgrantee, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than a
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bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this Agreement. If
the Subgrantee breaches or violates this warranty, the Department shall have the right to
annul this Agreement without liability or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover the full amount of such fee, commission,
brokerage fee, contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in
any way interfere with its or its employees' performance or which in any way conflicts with
the interests of the Department. The Subgrantee shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the
Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
The Subgrantee certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this Agreement, or will be able to obtain
such personnel from sources other than the Department.
All employees of the Subgrantee shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the
work, shall immediately be removed from association with the project.
Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,
and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect,
preserve, use, maintain, and dispose of any property furnished to it by the Department or
purchased pursuant to this Agreement in accordance with its own property management
procedures, provided that the procedures are not in conflict with the Department's property
management procedures or property management standards and federal standards, as
appropriate, in:
49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," or
49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
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Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties hereto, all finished or unfinished documents, data, studies,
surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee,
and equipment and supplies purchased with grant funds shall, at the option of the
Department; become the property of the Department. All sketches, photographs,
calculations, and other data prepared under this Agreement shall be made available, upon
request, to the Department without restriction or limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of
intellectual property rights covering any data bases, software, inventions, training
manuals, systems design, or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including
copyrights, copyright applications, copyright renewals, and copyright extensions),
title and interests in and to all data, and other information developed under this
contract and versions thereof unless otherwise agreed to in writing that there will be
joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the
Subgrantee without any type of funding or resource assistance from the Department
remain the Subgrantee's intellectual property. For these classes and materials, the
Department payment is limited to payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns,
and administrators to the other party to this Agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in
this Agreement without written consent of the Department through eGrants messaging.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations
relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR,
Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be
amended periodically (hereinafter referred to as the Regulations). The Subgrantee
agrees to comply with Executive Order 11246, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 and as supplemented by the
U.S. Department of Labor regulations (41 CFR, Part 60).
B. Nondiscrimination: The Subgrantee, with regard to the work performed during the
period of this Agreement, shall not discriminate on the grounds of race, color, sex,
national origin, age, religion, or disability in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
C. Solicitations for subcontracts, including procurement of materials and equipment: In
all solicitations either by competitive bidding or negotiation made by the Subgrantee
for work to be performed under a subcontract, including procurements of materials
and leases of equipment, each potential subcontractor or supplier shall be notified
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by the Subgrantee of the Subgrantee's obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, color, sex, national
origin, age, religion, or disability.
D. Information and reports: The Subgrantee shall provide all information and reports
required by the regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Department or the USDOT to be pertinent to ascertain
compliance with such regulations or directives. Where any information required of
the Subgrantee is in the exclusive possession of another who fails or refuses to
furnish this information, the Subgrantee shall so certify to the Department or the US
DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has
made to obtain the requested information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with
the nondiscrimination provision of this Agreement, the Department shall impose
such sanctions as it or the US DOT may determine to be appropriate.
F: Incorporation of provisions: The Subgrantee shall include the provisions of
paragraphs A. through E. in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the regulations or directives. The
Subgrantee shall take such action with respect to any subcontract or procurement
as the Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance. However, in the event a Subgrantee becomes
involved in, or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Subgrantee may request the Department to enter into
litigation to protect the interests of the state; and in addition, the Subgrantee may
request the United States to enter into such litigation to protect the interests of the
United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of the Department and the USDOT that Disadvantaged Business
Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the
performance of agreements financed in whole or in part with federal funds. Consequently,
the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this
Agreement as follows:
The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as
defined in 49 CFR Part 26, have the opportunity to participate in the performance of
agreements and subcontracts financed in whole or in part with federal funds. In this
regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR
Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to
compete for and perform agreements and subcontracts.
The Subgrantee and any subcontractor shall not discriminate on the basis of race,
color, sex, national origin, or disability in the award and performance of agreements
funded in whole or in part with federal funds.
These requirements shall be included in any subcontract.
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Failure to carry out the requirements set forth above shall constitute a breach of this
Agreement and, after the notification of the Department, may result in termination of this
Agreement by the Department, or other such remedy as the Department deems
appropriate.
ARTICLE 24. DEBARMENT/SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
2. Have not within a three (3) year period preceding this Agreement been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a federal, state, or local public transaction or contract under a
public transaction; violation of federal or state antitrust statutes; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
federal, state, or local governmental entity with commission of any of the
offenses enumerated in paragraph A. 2. of this Article; and
4. Have not, within a three (3) year period preceding this Agreement, had one
or more federal, state, or local public transactions terminated for cause or
default.
B. Where the Subgrantee is unable to certify to any of the statements in this Article,
such Subgrantee shall attach an explanation to this Agreement.
C. The Subgrantee is prohibited from making any award or permitting any award at any
tier to any party which is debarred or suspended or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order
12549, Debarment and Suspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded
under this Grant Agreement to certify its eligibility to receive federal grant funds,
and, when requested by the Department, to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the
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Subgrantee to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the party to this Agreement shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. The Subgrantee shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that
it either will go to the Department's website noted below and complete the Child Support
Statement or already has a Child Support Statement on file with the Department. The
'Subgrantee is responsible for keeping the Child Support Statement current and on file with
that office for the duration of this Agreement period. The Subgrantee further certifies that
the Child Support Statement on file contains the child support information for the
individuals or business entities named in this grant. Under Section 231.006, Family Code,
the Subgrantee certifies that the individual or business entity named in this Agreement is
not ineligible to receive the specified grant or payment and acknowledges that this
Agreement may be terminated and payment may be withheld if this certification is
inaccurate.
The form for the Child Support Statement is available on the Internet at:
http'//www.dot.state.tx.us/cso/defauIt.htm.
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RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out the objectives and performance measures of this Grant Agreement by
implementing all activities in the Action Plan.
B. Submit all required reports to the Department (TxDOT) fully completed with the most
current information, and within the required times, as defined in Article 3 and Article 7 of
the General Terms and Conditions of this Grant Agreement. This includes reporting to the
Department on progress, achievements, and problems in monthly Performance Reports
and attaching necessary source documentation to support all costs claimed in Requests
for Reimbursement (RFR).
C. Attend Department-approved grant management training.
D. Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to present
status of activities and to discuss problems and schedule for the following
quarter's work.
2. The project director or other qualified person will be available to represent
the Subgrantee at meetings requested by the Department.
E. When applicable, all newly developed PI&E materials must be submitted to the
Department for written approval, through the TxDOT Electronic Grants Management
System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety
Program Manual regarding PI&E procedures.
F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained
the written approval of the Department, through eGrants system messaging, prior to the
beginning of the trip. Grant approval does not satisfy this requirement. For Department
district-managed grants, the Subgrantee must have written Department district approval for
travel and related expenses if outside of the Department district's boundaries.
G. Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
H. Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or an activity already
supported by local or state funds.
1. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a
safety belt use policy in place, a policy should be implemented during the grant year.
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RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with the performance obligations and fiscal
requirements of this Grant Agreement using appropriate and necessary monitoring and
inspections, including but not limited to:
review of periodic reports
physical inspection -of project records and supporting documentation
telephone conversations
e-mails and letters
quarterly review meetings
eGrants system messaging
B. Provide program management and technical assistance.
C. Attend appropriate meetings.
D. Reimburse the Subgrantee for all eligible costs as defined in the project budget.
Requests for Reimbursement will be processed up to the maximum amount payable as
indicated in the project budget.
E. Perform an administrative review of the project at the close of the grant period to:
Ascertain whether or not the project objectives were met
Review project accomplishments (performance measures completed, targets
achieved)
Document any progress towards self-sufficiency
Account for any approved Program Income earned and expended
Identify exemplary performance or best practices
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Alcohol and Other Drug Counter Measures
Select a goal:
I To reduce the number of DWI-related crashes where the driver is under age 21
Select a strategy:
Develop innovative ways and programs to combat underage drinking and driving
Increase enforcement of driving under the influence by minors laws
Increase the number of law enforcement task forces and coordinated enforcement campaigns
Select a Goal:
FTo reduce the number of DWI-related crashes, injuries, and fatalities
Select a strategy:
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Problem Identification and Solution
1. Problem Identification
Over the past 20 years, alcohol-related fatal crash rates have decreased by 60
percent for driver's ages 16 to 17 years and 55 percent for driver's ages 18 to 20
years, according to a study from the Centers for Disease Control and Prevention.
Research from CDC and National Highway Traffic Safety Administration (NHTSA)
indicates that, from an enforcement standpoint, this progress can be attributed to
aggressively enforcing existing 0.08% BAC laws, minimum legal drinking age laws,
and zero tolerance laws for drivers younger than 21 years old in all states (Shults et
al. 2002, Quinlan et al. 2005).
The Texas Statewide Alcohol Program Assessment Tool completed in November,
2007 confirms that the Texas impaired driver initiative(Texas Program)has many
successful programs in place in the areas of prevention, deterrence, treatment &
rehabilitation, and program management. The Assessment Tool also found that
Texas has been successful in aggressively enforcing existing 0.08% BAC laws,
minimum legal drinking age laws, and zero tolerance laws for drivers younger than 21
years old, and that it also suspends driver's licenses for underage persons who drive
impaired - and/or in some cases simply possess alcohol.
In spite of this progress, in 2006 Texas still led the nation in the number of young
drivers killed in traffic accidents with 298 (NHTSA). Also in 2006, 25 percent of the
young drivers (15 to 20 years old) who were killed in crashes had a BAC of .08 g/dL
or higher (DOT HS 810 817). As admirable as all of the aforementioned enforcement
efforts are, their focus is still on the circumstances that occur after an underage
person consumes alcohol. Common sense dictates that underage persons cannot
drink and drive if they do not have access to alcohol.
The Assessment Tool found the Texas Program in need of improvement in the area
of Responsible Alcohol Service - more specifically, the "implementation and
enforcement of programs to eliminate the sale or service of alcoholic beverage to
those under 21 years of age". The Assessment Tool also points out that "TABC does
not have enough staff to enforce all of the alcohol regulations". Unlike DWI
enforcement, many municipal and county law enforcement agencies are reluctant to
enforce these alcohol regulations. Investigating and successfully prosecuting these
types of cases can be complex and time consuming for agencies that have no
training or experience in this area. Combine this with the fact that many medium-
sized communities like the Brazos Valley, that have universities or colleges in their
jurisdiction, are so busy dealing with the fall-out from alcohol related crime and traffic
problems that they don't have the resources to become proactive or preventive.
In 2001, alcohol-related traffic crashes totaled 391 in Brazos, Grimes, Robertson,
Madison, Washington, Leon and. Burleson counties. Eight-nine (89) of the alcohol-
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related traffic crashes involved persons under the age of 21.
From September 1, 2004 to August 31, 2005, there were 2137 Minor in Possession of
Alcohol citations, 203 Making Alcohol Available to a Minor citations, and 56
Administrative charges filed against licensed establishments for Sale of Alcoholic
Beverages to a Minor in the above mentioned counties. A minor's ability to purchase,
possess and consume alcoholic beverages continues to be a problem in these
communities as witnessed by the above statistics. This area has a population that is
significantly influenced by the college community where drinking and driving is
common. From January 1, 2002 to December 31, 2006, there have been 226 criminal
cases filed in Brazos County alone where a fictitious driver's license has been used
or attempted to have been used by a minor to purchase alcohol.
The two most common ways for an underage person to obtain alcohol are: someone
sells it to them or someone buys it for them. Sale to Minor cases usually fall into one
of two categories: a licensed establishment failing to do their job, or an underage
person with a fake, fictitious, or counterfeit driver's license. Making Alcohol Available
cases are usually well-intentioned people who don't understand the legal or public
safety consequences of providing the alcohol. If we can decrease the number of
fatalities by 55-60 percent with enforcement activities directed at interdicting the .
underage impaired driver after they have become impaired, more proactive
enforcement can impact that number by enforcing the existing alcohol laws at the
point of sale or acquisition- before they become impaired.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, a regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
H. Project Plan
Problem Solution
Since its inception, this TXDOT funded program has been successful in deterring
underage drinking and driving by identifying underage persons who possesses and/or
consume alcoholic beverages and by identifying persons who provide alcohol to
minors. The Brazos County Attorney's Office proposes to continue these efforts and
expand the operational scope of the Regional Alcohol Task Force for FY2009. The
task force serves, and has current memorandums of understanding with, Brazos,
Burleson, Grimes, Leon, Madison, Robertson, and Washington counties. The task
force places undercover personnel and peace officers on the street and in licensed
premises to target establishments and individuals who provide alcohol to minors. It
deploys a combination of officers, undercover minors, and undercover video
operators working variable shifts during the times and days when minors are known
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 10/12/2009
(1) Page 22 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
to obtain alcoholic beverages.
Using civilian minors in any investigative operation can be complex and not without
risk. Task force personnel use a process of recruiting and training minor operatives
through partnerships with local schools, high school resource officers, and community
based underage drinking organizations such as the high school Zero Tolerance
programs. This is a proven process that insures a solid criminal case while keeping
the minor safe at all times.
This task force will integrate local law enforcement officers with agents of the Texas
Alcoholic Beverage Commission and enforce Texas' current underage drinking laws
at the point of alcohol sale or, acquisition. Agents will conduct sale to minor stings and
making alcohol available sting operations. Agents will also conduct operations
focused on detecting fictitious driver's licenses and persons who use, sell or
manufacture them.
As the Texas Statewide Alcohol Program Assessment Tool pointed out, "local political
views determine how stringently youth impaired driving laws are enforced". Task
force personnel will develop and produce a regional task force sponsored public
service announcement to create community awareness of the dangers of underage
drinking and driving. Agents with the current Brazos County Regional Task report that
most subjects are shocked when they learn that the penalty for providing even one
sip of an alcoholic beverage to an underage person is the same as being arrested for
DWI or Deadly Conduct. Task force personnel will use these communication tools to
create a cognitive dissonance for adults who underestimate the consequences of
selling or providing alcohol to an underage person. Task force agents will also
provide technical and statistical assistance to programs like TABC's Project SAVE
and Manager awareness programs, as well successful community groups in the
region that focus on underage drinking and driving - such as Carpool, High School
Zero Tolerance Programs, and DARE.
Texas has made progress in reducing impaired driving, but the ability for underage
persons to obtain alcohol is still under-addressed. States like Virginia have
implemented enforcement oriented underage drinking programs with great success.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, this regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
By targeting underage drinking and driving at the point of sale/acquisition, this
program will continue to decrease the number of alcohol related crashes by persons
under 21 by:
1. Deterring licensed establishments, their employees, and other persons from
selling, serving, or making alcohol available to minors.
2. Identifying and filing criminal charges on minors who possess alcohol or
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 10/12/2009
(1) Page 23 of 71
vol. I aJ pg.-J17
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
fictitious/counterfeit identification.
3. Identifying and prosecuting persons who manufacture or possess with the intent to
sell fictitious/counterfeit identification to underage persons.
2009-BrazosCA-G-MYG-Yr1-0226 Printed On: 10/12/2009
l a 1 I g Page 24 of 71
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Budget Summary
Budget Category TxDOT Match Program Income Total
Category I - Labor Costs
(100)i Salaries: $29,505.99. $41,434.00 ! $70,939.99
1 Fringe (200) Benefits: $7,376.50 $10,358.50 $17,735.00
Sub-Total: $36,882.49 $51,792.50 $0 $88,674.99
Category 11 - Other Direct Costs
(300) Travel: $588.04 ~ $588.04
(400)Equipment:
(500) ~Supplie~s: $900.00 $900.00
r--~
Contractual r
(600) Services: $350.001 1 1 l $350.00
Other
(700) Miscellaneous: $22,420.00 $22,420.00
HSub-Total: $24,258.04 $0 $0 $24,258.04.
Total Direct Costs: $61,140.53 $51,792.50 $0 $112,933.03
Category III - Indirect Costs
(800) Indirect Cost Rate: ~A t~+r+0.`',4i~?'sr $0
µ9= 1
Summary
CostsLabor $36,882.49 $51,792.50 $01 $88,674.99
Total $24,258.04 $0 $0 $24,256.04:
Total Indirect F-11 I
Costs: $O,
Grand Total $61,140.53 $51,792.50 $0 $112,933.03
Fund Sources:
54.14% 45.86% 0 00%
(Percent
Share)
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in
eGrants.
2009-Brazos CA-G-MYG-Yr1-0226 Printed On: 10/12/2009
(1) Page 35 of 71
Vol. 9 1 ~ Pg
Texas Traffic Safety eGrants
Fiscal Year 2009
Organization Name: Brazos County Attorney's Office
Legal Name: Brazos County Attorney's Office
Payee Identification Number: 17460004330038
Project Title: Brazos County Comprehensive Underage Drinking
Program
ID: 2010-BrazosCA-G-MYG-Yr2-0227 (1)
Period: 10/01/2009 to 09/30/2010
Vol. I a~ p$•~- Page 36 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
General Information
Project Title Brazos County Comprehensive Underage Drinking
Program
Project Description Regional underage drinking task force
How many years has your organization received funding for this project?
This will be our third year.
Project Director Name Gerald Kinard
Organization Address 300 East 26th Street
Suite 325
Bryan, TX 77803
Mailing Address
Multi Year Proposal Selection
2009-BrazosCA-G-MYG-Yr1-0226
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 10/12/2009
(1) Page 37 of 71
V0 1. 1 a~ Pg.0!
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Alcohol and Other Drug Counter Measures
Select a goal:
F To reduce the number of DWI-related crashes where the driver is under age 21
Select a strategy:
Develop innovative ways and programs to combat underage drinking and driving
Increase enforcement of driving under the influence by minors laws
Increase the number of law enforcement task forces and coordinated enforcement
campaigns
Select a Goal:
r-To reduce the number of DWI-related crashes, injuries, and fatalities
Select a strategy:
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 10/12/2009
(1) Page 38 of 71
vo>. 12-~ Pg. 1.3 9,
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Problem Identification and Solution
1. Problem Identification
Over the past 20 years, alcohol-related fatal crash rates have decreased by 60
percent for driver's ages 16 to 17 years and 55 percent for driver's ages 18 to 20
years, according to a study from the Centers for Disease Control and Prevention.
Research from CDC and National Highway Traffic Safety Administration (NHTSA)
indicates that, from an enforcement standpoint, this progress can be attributed to
aggressively enforcing existing 0.08% BAC laws, minimum legal drinking age laws,
and zero tolerance laws for drivers younger than 21 years old in all states (Shults et
al. 2002, Quinlan et al. 2005).
The Texas Statewide Alcohol Program Assessment Tool completed in November,
2007 confirms that the Texas impaired driver initiative(Texas Program)has many
successful programs in place in the areas of prevention, deterrence, treatment &
rehabilitation, and program management. The Assessment Tool also found that
Texas has been successful in aggressively enforcing existing 0.08% BAC laws,
minimum legal drinking age laws, and zero tolerance laws for drivers younger than 21
years old, and that it also suspends driver's licenses for underage persons who drive
impaired - and/or in some cases simply possess alcohol.
In spite of this progress, in 2006 Texas still led the nation in the number of young
drivers killed in traffic accidents with 298 (NHTSA). Also in 2006, 25 percent of the
young drivers (15 to 20 years old) who were killed in crashes had a BAC of .08 g/dL
or higher (DOT HS 810 817). As admirable as all of the aforementioned enforcement
efforts are, their focus is still on the circumstances that occur after an underage
person consumes alcohol. Common sense dictates that underage persons cannot
drink and drive if they do not have access to alcohol.
The Assessment Tool found the Texas Program in need of improvement in the area
of Responsible Alcohol Service - more specifically, the "implementation and
enforcement of programs to eliminate the sale or service of alcoholic beverage to
those under 21 years of age". The Assessment Tool also points out that "TABC does
not have enough staff to enforce all of the alcohol regulations". Unlike DWI
enforcement, many municipal and county law enforcement agencies are reluctant to
enforce these alcohol regulations. Investigating and successfully prosecuting. these
types of cases can be complex and time consuming for agencies that have no
training or experience in this area. Combine this with the fact that many medium-
sized communities like the Brazos Valley, that have universities or colleges in their
jurisdiction, are so busy dealing with the fall-out from alcohol related crime and traffic
problems that they don't have the resources to become proactive or preventive.
In 2001, alcohol-related traffic crashes totaled 391 in Brazos, Grimes, Robertson,
Madison, Washington, Leon and Burleson counties. Eight-nine (89) of the alcohol-
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 10/12/2009
(1) Page 39 of 71
Vol. 1 aq pg. 133
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
related traffic crashes involved persons under the age of 21.
From September 1, 2004 to August 31, 2005, there were 2137 Minor in Possession of
Alcohol citations, 203 Making Alcohol Available to a Minor citations, and 56
Administrative charges filed against licensed establishments for Sale of Alcoholic
Beverages to a Minor in the above mentioned counties. A minor's ability to purchase,
possess and consume alcoholic beverages continues to be a problem in these
communities as witnessed by the above statistics. This area has a population that is
significantly influenced by the college community where drinking and driving is
common. From January 1, 2002 to December 31, 2006, there have been 226 criminal
cases filed in Brazos County alone where a fictitious driver's license has been used
or attempted to have been used by a minor to purchase alcohol.
The two most common ways for an underage person to obtain alcohol are: someone
sells it to them or someone buys it for them. Sale to Minor cases usually fall into one
of two categories: a licensed establishment failing to do their job, or an underage
person with a fake, fictitious, or counterfeit driver's license. Making Alcohol Available
cases are usually well-intentioned people who don't understand the legal or public
safety consequences of providing the alcohol. If we can decrease the number of
fatalities by 55-60 percent with enforcement activities directed at interdicting the
underage impaired driver after they have become impaired, more proactive
enforcement can impact that number by enforcing the existing alcohol laws at the
point of sale or acquisition- before they become impaired.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, a regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
II. Project Plan
Problem Solution
Since its inception, this TXDOT funded program has been successful in deterring
underage drinking and driving by identifying underage persons who possesses and/or
consume alcoholic beverages and by identifying persons who provide alcohol to
minors. The Brazos County Attorney's Office proposes to continue these efforts and
expand the operational scope of the Regional Alcohol Task Force for FY2010. The
task force serves, and has current memorandums of understanding with, Brazos,
Burleson, Grimes, Leon, Madison, Robertson, and Washington counties. The task
force places undercover personnel and peace officers on the street and in licensed
premises to target establishments and individuals who provide alcohol to minors. It
deploys a combination of officers, undercover minors, and undercover video
operators working variable shifts during the times and days when minors are known
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 10/12/2009
(1) Vol. a Pg. 13`t Page 40 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
to obtain alcoholic beverages.
Using civilian minors in any investigative operation can be complex and not without
risk. Task force personnel use a process of recruiting and training minor operatives
through partnerships with local schools, high school resource officers, and community
based underage drinking organizations such as the high school Zero Tolerance
programs. This is a proven process that insures a solid criminal case while keeping
the minor safe at all times.
This task force will integrate local law enforcement officers with agents of the Texas
Alcoholic Beverage Commission and enforce Texas' current underage drinking laws
at the point of alcohol sale or acquisition. Agents will conduct sale to minor stings and
making alcohol available sting operations. Agents will also conduct operations
focused on detecting fictitious driver's licenses and persons who use, sell or
manufacture them.
As the Texas Statewide Alcohol Program Assessment Tool pointed out, "local political
views determine how stringently youth impaired driving laws are enforced". Task
force personnel will develop and produce a regional task force sponsored public
service announcement to create community awareness of the dangers of underage
drinking and driving. Agents with the current Brazos County Regional Task report that
most subjects are shocked when they learn that the penalty for providing even one
sip of an alcoholic beverage to an underage person is the same as being arrested for
DWI or Deadly Conduct. Task force personnel will use these communication tools to
create a cognitive dissonance for adults who underestimate the consequences of
selling or providing alcohol to an underage person. Task force agents will also
provide technical and statistical assistance to programs like TABC's Project SAVE
and Manager awareness programs, as well successful community groups in the
region that focus on underage drinking and driving - such as Carpool, High School
Zero Tolerance Programs, and DARE.
Texas has made progress in reducing impaired driving, but the ability for underage
persons to obtain alcohol is still under-addressed. States like Virginia have
implemented enforcement oriented underage drinking programs with great success.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, this regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
By targeting underage drinking and driving at the point of sale/acquisition, this
program will continue to decrease the number of alcohol related crashes by persons
under 21 by:
1. Deterring licensed establishments, their employees, and other persons from
selling, serving, or making alcohol available to minors.
2. Identifying and filing criminal charges on minors who possess alcohol or
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(1) V01. 1 aJ Pg. 135 Page 41 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
fictitious/counterfeit identification.
3. Identifying and prosecuting persons who manufacture or possess with the intent to
sell fictitious/counterfeit identification to underage persons.
F
,t
ti
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 10/12/2009
(1) Page 42 of 71
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Vol. rg.
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Budget Summary
Budget Category ' TxDOT Match . Program Income Total
CategoryI - Labor Costs
(100)' Salaries: $28,993.63 $41,434.00~J $70427.63
Fringe
(200) $8,696.09 $12,430.20 }---J
Benefits: $21,128.29
Sub-Total: $37,691.72 $53,864.20_ $D, $91,555.92
Category It - Other Direct Costs
(300) Travel: $588.04 $588.04
(l Equip~m~ent r-7= $300.00
(500)', Supplies $600.00 $600.00
I Contractual
(600) Services:
700) Other $22,420.00 $22,420 00
( Miscellaneous.,
Q Sub-Total: $23,9D8.04 $0 $0 $23,908.04
Total Direct Costs: $61,599.76 $53,864:20 $0 $115,463:96
Category111 Indirect Costs
Indirect Cost
$D
(800)
Rate
Summary
❑ Total Labor $0 $91,555.92
$37 691 72 $53,864.20
Costs:
1Total Direct $23,908.04' $0 $0 $23,908.04
❑ Costs:I
Totai Indirect nt<~ +
Posts $0
F Grand ~~~~~a MrIlU3a $0; $115,463.96
~4 P
Fund Sources:
53.35% 46.65% 0 00% ? E
(Percent
Share)
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in
eGrants.
2010-BrazosCA-G-MYG-Yr2-0227 Printed On: 10/12/2009
(1) Page 53 of 71
Vol. [1a7 Pg. -Q
Texas Traffic Safety eGrants
Fiscal Year 2009
Organization Name: Brazos County,Attorney's Office
Legal Name: Brazos County Attorney's Office
Payee Identification Number: 17460004330038
Project Title: Brazos County Comprehensive Underage
Drinking Program
ID: 2011-BrazosCA-G-MYG-Yr3-0228
Period: 10/01/2010 to 09/30/2011
Vol. X7 Pg. 14 g Page 54 of 71
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
General Information
Project Title Brazos County Comprehensive Underage Drinking
Program
Project Description Regional Underage Drinking Task Force
How many years has your organization received funding for this project?
This will be our fourth year.
Project Director Name Gerald Kinard
Organization Address 300 East 26th Street
Suite 325
Bryan, TX 77803
Mailing Address
Multi Year Proposal Selection
2009-BrazosCA-G-MYG-Yr1-0226
.2011-BrazosCA-G-MYG-Yr3-0228 Printed On: 10/12/2009 Page 55 of 71
vot. I a~ P8.__L4q
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Alcohol and Other Drug Counter Measures
Select a goal:
I x To reduce the number of DWI-related crashes where the driver is under age 21
Select a strateqv:
Develop innovative ways and programs to, combat underage drinking and driving
Increase enforcement of driving under the influence by minors laws
Increase the number of law enforcement task forces and coordinated enforcement campaigns
Select a Goal:
FTo reduce the number of DWI-related crashes, injuries, and fatalities
Select a strategy:
2011-13razosCA-G-MYG-Yr3-0228 Printed On: 10/12/2009 !~;o Page 56 of 71
Voi. f'6.
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Problem Identification and Solution
1. Problem Identification
Over the past 20 years, alcohol-related fatal crash rates have decreased by 60
percent for driver's ages 16 to 17 years and 55 percent for driver's ages 18 to 20
years, according to a study from the Centers for Disease Control and Prevention.
Research from CDC and National Highway Traffic Safety Administration (NHTSA)
indicates that, from an enforcement standpoint, this progress can be attributed to
aggressively enforcing existing 0.08% BAC laws, minimum legal drinking age laws,
and zero tolerance laws for drivers younger than 21 years old in all states (Shults et
al. 2002, Quinlan et al. 2005).
The Texas Statewide Alcohol Program Assessment Tool completed in November,
2007 confirms that the Texas impaired driver initiative(Texas Program)has many
successful programs in place in the areas of prevention, deterrence, treatment &
rehabilitation, and program management. The Assessment Tool also found that
Texas has been successful in aggressively enforcing existing 0.08% BAC laws,
minimum legal drinking age laws, and zero tolerance laws for drivers younger than 21
years old, and that it also suspends driver's licenses for underage persons who drive
impaired - and/or in some cases simply possess alcohol.
In spite of this progress, in 2006 Texas still led the nation in the number of young
drivers killed in traffic accidents with 298 (NHTSA). Also in 2006, 25 percent of the
young drivers (15 to 20 years old) who were killed in crashes had a BAC of .08 g/dL
or higher (DOT HS 810 817). As admirable as all of the aforementioned enforcement
efforts are, their focus is still on the circumstances that occur after an underage
person consumes alcohol. Common sense dictates that underage persons cannot
drink and drive if they do not have access to alcohol.
The Assessment Tool found the Texas Program in need of improvement in the area
of Responsible Alcohol Service - more specifically, the "implementation and
enforcement of programs to eliminate the sale or service of alcoholic beverage to
those under 21 years of age". The Assessment Tool also points out that "TABC does
not have enough staff to enforce all of the alcohol regulations". Unlike DWI
enforcement, many municipal and county law enforcement agencies are reluctant to
enforce these alcohol regulations. Investigating and successfully prosecuting these
types of cases can be complex and time consuming for agencies that have no
training or experience in this area. Combine this with the fact that many medium-
sized communities like the Brazos Valley, that have universities or colleges in their
jurisdiction, are so busy dealing with the fall-out from alcohol related crime and traffic
problems that they don't have the resources to become proactive or preventive.
In 2001, alcohol-related traffic crashes totaled 391 in Brazos, Grimes, Robertson,
Madison, Washington, Leon and Burleson counties. Eight-nine (89) of the alcohol-
2011-BrazosCA-G-MYG-Yr3-0228 Printed On: 10/12/2009 S, Page 57 of 71
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
related traffic crashes involved persons under the age of 21.
From September 1, 2004 to August 31, 2005, there were 2137 Minor in Possession of
Alcohol citations, 203 Making Alcohol Available to a Minor citations, and 56
Administrative charges filed against licensed establishments for Sale of Alcoholic
Beverages to a Minor in the above mentioned counties. A minor's ability to purchase,
possess and consume alcoholic beverages continues to be a problem in these
communities as witnessed by the above statistics. This area has a population that is
significantly influenced by the college community where drinking and driving is
common. From January 1, 2002 to December 31, 2006, there have been 226 criminal
cases filed in Brazos County alone where a fictitious driver's license has been used
or attempted to have been used by a minor to purchase alcohol.
The two most common ways for an underage person to obtain alcohol are: someone
sells it to them or someone buys it for them. Sale to Minor cases usually fall into one
of two categories: a licensed establishment failing to do their job, or an underage
person with a fake, fictitious, or counterfeit driver's license. Making Alcohol Available
cases are usually well-intentioned people who don't understand the legal or public
safety consequences of providing the alcohol. If we can decrease the number of
fatalities by 55-60 percent with enforcement activities directed at interdicting the
underage impaired driver after they have become impaired, more proactive
enforcement can impact that number by enforcing the existing alcohol laws at the
point of sale or acquisition- before they become impaired.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, a regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
II. Project Plan
Problem Solution
Since its inception, this TXDOT funded program has been successful in deterring
underage drinking and driving by identifying underage persons who possesses and/or
consume alcoholic beverages and by identifying persons who provide alcohol to
minors. The Brazos County Attorney's Office proposes to continue these efforts and
expand the operational scope of the Regional Alcohol Task Force for FY2011. The
task force serves, and has current memorandums of understanding with, Brazos,
Burleson, Grimes, Leon, Madison, Robertson, and Washington counties. The task
force places undercover personnel and peace officers on the street and in licensed
premises to target establishments and individuals who provide alcohol to minors. It
deploys a combination of officers, undercover minors, and undercover video
operators working variable shifts during the times and days when minors are known
2011-BfazosCA-G-MYG-Yr3-0228 Printed On: 10/12/2009 Page 58 of 71
5 2
Vol. - pg.
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
to obtain alcoholic beverages.
Using civilian minors in any investigative operation can be complex and not without
risk. Task force personnel use a process of recruiting and training minor operatives
through partnerships with local schools, high school resource officers, and community
based underage drinking organizations such as the high school Zero Tolerance
programs. This is a proven process that insures a solid criminal case while keeping
the minor safe at all times.
This task force will integrate local law enforcement officers with agents of the Texas
Alcoholic Beverage Commission and enforce Texas' current underage drinking laws
at the point of alcohol sale or acquisition. Agents will conduct sale to minor stings and
making alcohol available sting operations. Agents will also conduct operations
focused on detecting fictitious driver's licenses and persons who use, sell or
manufacture them.
As the Texas Statewide Alcohol Program Assessment Tool pointed out, "local political
views determine how stringently youth impaired driving laws are enforced". Task
force personnel will develop and produce a regional task force sponsored public
service announcement to create community awareness of the dangers of underage
drinking and driving. Agents with the current Brazos County Regional Task report that
most subjects are shocked when they learn that the penalty for providing even one
sip of an alcoholic beverage to an underage person is the same as being arrested for
DWI or Deadly Conduct. Task force personnel will use these communication tools to
create a cognitive dissonance for adults who underestimate the consequences.of
selling or providing alcohol to an underage person. Task force agents will also
provide technical and statistical assistance to programs like TABC's Project SAVE
and Manager awareness programs, as well successful community groups in the
region that focus on underage drinking and driving - such as Carpool, High School
Zero Tolerance Programs, and DARE.
Texas has made progress in reducing impaired driving, but the ability for underage
persons to obtain alcohol is still under-addressed. States like Virginia have
implemented enforcement oriented underage drinking programs with great success.
By employing strategic enforcement of underage drinking laws, utilizing public
information and education opportunities, and providing technical and statistical
support to all disciplines, this regional underage drinking task force can be the entity
that bridges Texas' gap between traditional impaired driver enforcement (DWI) and
the prevention and education communities.
By targeting underage drinking and driving at the point of sale/acquisition, this
program will continue to decrease the number of alcohol related crashes by persons
under 21 by:
1. Deterring licensed establishments, their employees, and other persons from
selling, serving, or making alcohol available to minors.
2. Identifying and filing criminal charges on minors who possess alcohol or
2011-Br3zosGA-G-MYG-Yr3-0228 Printed On: 10/12/2009 j ~J3 Page 59 of 71
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Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
fictitious/counterfeit identification.
3. Identifying and prosecuting persons who manufacture or possess with the intent to
sell fictitious/counterfeit identification to underage persons.
y;
2011-BrazosCA-G-MYG-Yr3-0228 Printed O : 10/12/209 5 Page 60 of 71
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Vol. a pg. [r~
Brazos County Attorney's Office
Brazos County Comprehensive Underage Drinking Program
Budget Summary
Budget Category TxDOT Match Program Income Totaf '
Category
I- Labor Costs
(100) Salaries: $9,210.00' $41,434.00 !J $50,644.00
Fringe
Benefits: $2,763.00 $12,430.20 $15,193.20.
H (200)
1 F
Sub-Total: $11,973.00 $53,864.20, $0 $65,837.20
Category II - Other Direct Costs
(300) Travel:
(400) Equipment: !_.-_J!~JL~..,~,.~' - _ $0
500) Supplies: $900.00 $900.00
(600) IServicesual $25,720.00 $25,720.00
(700) Miscellaneous: $22 420.00 _ $22,420.00'
Sub-Total: $49,628.04 $0 $0 $49,628.04
Total Direct Costs: $61 601.04 $53,864.20, $0 $115,465.24'
Category III - Indirect Costs
direct Cost r i e 0
Rate:
Summary
01Total Labor
$11,973.00 $53864.20 $0 $65,837.20'
Costs:r__ _
Total Direct
Costs: I $49,628.04 $0 $0 i $49,628.04
Total Indirect
D Costs: $0
Grand Total: $61,601.04 $53,864.20, $0 $115,465.24
Fund Sources:
53.35% 46.65%i 0 00% ' '
(Percent
IShare)
alary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in
S
eGrants.
2011-BrazosCA-G-MYG-Yr3-0228 Printed On: 10/12/2009 Page 71 of 71
voi. 12-7 pg. I
f
Vol. _ I ati~ Pg. I tg (o
Med®
MEMORANDUM
ATTN: Brazos County
For review of the Commissioners Court, please note the final rates for Stoploss
Coverage:
Single Coverage $58.58
Family Coverage $159.35
Aggregate $2.78
The above rates are a combination of the rates as sold and issued in the policy by
ING (policy rates) and Underwriting Management fees. Underwriting management fees
include the following:
Filing & Tracking stoploss claims Billing/collections
Plan document review Claim coordination with BCBS
Compensation management/review of contracts
These fees are broken out as follows:
Single Family Aggregate
Contract Rate: $52.72 $143.81 $2.50
Underwriting/Management Fee: $ 5.86 $ 15.54 $ .28
*Final Rater $58.58 $159.35 $2.78
*Final Rate should be remitted monthly for payment of the stoploss coverage and the
underwriting management fees.
Signed and accepted on the L day of 20L4
By:
Printed Name: /~yy CV~V ~)(lA_C
Title:
Witness:
6575 West Loop South, Suite 260 ) Phone: 713 668 0016
Bellaire, Texas 77401-3509 Vol. Pg I ( e ] Fax: 713 668 1345