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Home My WebLink About2010-02-16-6:00PM-REGULARB 12 P 4 55 BRAZOS COUNTY t'- BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 16 FEBRUARY 2010 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 — Commissioner Wassermann. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 —18: 3. Budget Amendment 09/10 - 18.1 thru 18.5. 4. Personnel Change of Status. 5. Payment of Claims. 6. Request from the District Clerk's Office for the following position reclassifications (previously tabled): a. Clerk I, class 1705, position 4, group 10, step 3 Eliminate this position; b. Clerk III, class 1709, position 8 from group 12, step 8 to group 12, step 12; c. Clerk III, class 1709, position 2 from group 12, step 8 to group 12, step 12; Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 - Fax: (979) 361 -4503 Te Vol. Pg• �F Commissioners Court Agenda 16 February 2010 Page 2 d. Clerk III, class,1709, position 9 from group 12, step 6 to group 12, step 11; e. Clerk 1560hr, class 1717, position 1 from group 7, step 2 to group 7, step 6; f. Clerk 1560hr, class 1717, position 2 from group 7, step 2 to group 7, step 6; g. Clerk II, class 1707, position 2 from group 11, step 3 to group 11, step 8; h. Juror Payment Clerk, class 1710, position 1 from group 9, step 2 to group 9, step 6; i. Assistant Director of Collections, class 1727, position 1 from group 15, step 7 to group 15, step 11; j. " Clerk I - Collections, class 1729, position 2 from group 10, step 2 to group 10, step 4. 7. Reappointment of Dr. Tammy Tiner as a Board of Trustee member of the Mental Health Mental Retardation Authority of Brazos Valley; term of appointment is 1 March 2010 through 29 February 2012. 8. Proclamation 10 -016 establishing 21 -27 February 2010 as Severe Weather Awareness Week in Brazos County. 9. Resolution 10 -002 establishing a No Parking Zone on FM 974 from its intersection with Alexander Road and 500 feet in both directions from that intersection. 10. Establishment of a Magistrate's Fee of $50.00 /case, to be collected as court costs in any case which is referred to a magistrate in Brazos County, in accordance with Texas Government Code §54.1116. 11. Blue Cross/Blue Shield HITECH Amendment documents as follows: a. Amendment to Business Associate Agreement; b. Business Associate Agreement with Plumhoff & Associates. 12. Commissioners Court minutes for the following 2010 dates: a. 5 January b. 12 January c. 19 January Regular Meeting Regular Meeting Regular Meeting d. 26 January Regular Meeting e. 26 January Workshop Session f. 30 January Special Session 13. Tax Refund Applications for the following: a. Ronald Harrington b. Reverse Mortgage Solutions, Inc. c. Vanderbilt Mortgage & Finance, Inc. d. Peng Xu & Mingna Sun Vol. 131 Pg. e. Cameron Ranch Foodmart f. Jerry & Rebecca Harrison g. Pearlie Mae Pitts h. Israel Bermudez & Zosima Tlamacico Avila 19q Commissioners Court Agenda 16 February 2010 Page 3 14. Amended grant agreement with the Texas Department of Transportation for grant year two of the Comprehensive Underage Drinking Enforcement Program. 15. Treasurer's Report for the month of December 2009 and the quarter ending 12/31/09. 16. Renewal of Bid 2009 -28, Shop Supplies and Auto Parts, with NAPA College Station; new Bid #2010 -22R. 17. Permission to advertise the following bids: a. Bid 2010 -25, 12 Inch Rip Rap; b. Bid 2010 -26, Mowing of County Rights -of -Way. 18. Request for permission to enter private property of Dudley Ranch Partnership, Ltd. located off Long Trussel Road for the purpose of taking down a dead tree that could fall across the road; for the health, safety and welfare of the general public. Site is located in Precinct 2. 19. Announcement of interest items and possible future agenda topics. 20. Call for citizen input and/or concerns. 21. Agency/ Board/ Committee reports by Court members. 22. Adjourn Vol. ( 31 p 130 Commissioners Court Agenda 16 February 2010 Page 4 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 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: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published_ agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To mak a rr an gements, please call (979) 361 -4102. VOI. ---LLL_ Pg. l! COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 16, 2010 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, February 16, 2010 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. Commissioner Wassermann 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 #09/10 -18.1 through 18.5, which would reallocate funds for Non Departmental; transfer funds from Juvenile Services to Juvenile Detention, from Contingency -JP Technology Fund to Justice of the Peace, Precinct 2, Place 2; split the Bryne Vol 151 Page 1301 Commissioners Court meeting February 16 20 I0 2 Justice Grant and the Jag- BX0600 Grant to provide better accounting information, from Court Support Costs to General Capital Improvement Fund. On motion by Commissioner Cauley, seconded by Commissioner Peters, 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 Peters, the Court voted unanimously to approve the change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7071068 through 7071326 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a request from the District Clerk's Office for the following position reclassifications: a) Clerk I, Class 1705, Position 4, Group 10, Step 3, Eliminate Position; Vol l 3 1 Page 133. Commissioners Court meeting February 16, 2010 3 b) Reclassify Clerk III, Class 1709, Position 8, Group 12, Step 8, to Class 1709, Position 8, Group 12, Step 12; c) Reclassify Clerk III, Class 1709, Position 2, Group 12, Step 8,to Class 1709, Position 2, Group 12,Step 12; d) Reclassify Clerk III, Class 1709, Position 9, Group 12, Step 6, to Class 1709, Position 9, Group 12, Step 11; e) Reclassify Clerk 1560 /hr, Class 1717, Position 1, Group 7, Step 2 to Class 1717, Position 1, Group 7, Step 6; f) Reclassify Clerk 1560 /hr, Class 1717, Position 1, Group 7, Step 2 to Class 1717, Position 1, Group 7, Step 6; g) Reclassify Clerk II, Class 1707, Position 2, Group 11, Step 3 to Class 1707, Position 2, Group 11, Step 8; h) Reclassify Juror Payment Clerk, Class 1710, Position 1, Group 9, Step 2 to Class 1710, Position 1, Group 9, Step 6; i) Reclassify Assistant Director of Collections, Class 1727, Position 1, Group 15, Step 7 to Class 1727, Position 1, Group 15, Step 11; j) Reclassify Clerk I- Collections, Class 1729, Position 2, Group 10, Step 2 to Class 1729, Position 2, Group 10, Step 4; Commissioner Cauley moved to approve as submitted. There was no second to the motion so it died for lack of a second. Tina Snelling, Civil Counsel, stated that the Jury Payment Clerk position should be removed from this request. This position should be in the Treasurer's Office. The simplest thing to do Vol A 31 Page 1-3+_ Commissioners Court meeting February 16, 2010 4 is to ask the Budget Officer to do a budget amendment and move the funds and position from the District Clerk's Office to the Treasurer's Office. Marc Hamlin, District Clerk said that the request on the agenda is the same as presented last week but the one he is now proposing has only a 5.04 percent salary increase. The County Judge stated that this week's request is a 40 percent increase in salary. The Court discussed in depth the Jury Payment Clerk position and where to fund it from. Mr. Hamlin said he would provide new job descriptions for the Court's approval should the proposed changes be approved. Commissioner Cauley then moved to approve the newly proposed reclassifications as follows: a) Clerk I, Class 1705, Position 4, Group 10, Step 3, Eliminate Position; b) Reclassify Clerk III, Class 1709, Position 8, Group 12, Step 8, to Class 1709, Position 8, Group 12, Step 10; c) Reclassify Clerk III, Class 1709, Position 2, Group 12, Step 8, to Class 1709, Position 2, Group 12,Step 10; d) Reclassify Clerk III, Class 1709, Position 9, Group 12, Step 6, to Class 1709, Position 9, Group 12, Step 8; e) Reclassify Clerk 1560 /hr, Class 1717, Position 1, Group 7, Step 2 to Class 1717, Position 1, Group 7, Step 4; Vol ( 3 ) Page 135 Commissioners Court meeting February 16, 2010 5 f) Reclassify Clerk 1560/hr, Class 1717, Position 2, Group 7, Step 2 to Class 1717, Position 2, Group 7, Step 4; g) Reclassify Clerk II, Class 1707, Position 2, Group 11, Step 3 to Class 1707, Position 2, Group 11, Step 5; h) No change Juror Payment Clerk, Class 1710, Position 1, Group 9, Step 2; i) Reclassify Assistant Director of Collections, Class 1727, Position 1, Group 15, Step 7 to Class 1727, Position 1, Group 15, Step 9; j) Reclassify Clerk I- Collections, Class 1729, Position 2, Group 10, Step 2 to Class 1729, Position 2, Group 10, Step 4; Commissioner Mallard seconded the motion. Commissioners Wassermann, Peters, Mallard and Cauley voted "Aye ". The County Judge voted "No ". The motion carried. The next matter for consideration was the reappointment of an individual to serve on the Board of Trustees of the Mental Health Mental Retardation Authority of Brazos Valley. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to reappoint Dr. Tammy Tiner to serve on the Board of Trustees of the Mental Health Mental Retardation Authority of Brazos Valley for a term beginning March 1, 2010 through February 29, 2012. The County Judge read aloud Proclamation #10 -016 designating the week of February 21 through 27, 2010 as Vol 13) Page 13 Commissioners Court meeting February 16, 2010 6 "Severe Weather Awareness Week ". The Court joins with the cities of Bryan and College Station to urge everyone in the community to learn more about and to participate in severe weather preparedness activities available in Brazos County. On motion by Commissioner Cauley, seconded by Commissioner Peters the Court moved to proclaim the week of February 21 through 27, 2010 as "Severe Weather Awareness Week" throughout Brazos County. The Court next considered Resolution 10 -002 establishing a No Parking Zone on FM 974. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to adopt Resolution 410 -002 establishing a "No Parking Zone" on FM 974 for the health, safety and welfare of the general public from its intersection with Alexander Road and 500 feet in either direction. A copy is attached. The next matter for consideration was the establishment of a Magistrate's Fee of $50.00 per case, to be collected as court costs in any case that is referred to a magistrate in Brazos County, in accordance with Texas Government Code §54.1116. Commissioner Cauley moved to approve. Commissioner Peters seconded the motion. After some discussion, Commissioners Cauley and Peters rescinded their motion and second. Then on motion by Commissioner Peters, Vol 13/ Page 1 3� Commissioners Court meeting February 16, 2010 7 seconded by Commissioner Mallard, the Court voted unanimously to remove this item from the agenda. The Court next considered approval of the following Blue Cross Blue Shield (BCBS) HITECH Amendment documents: a) Amendment to Business Associate Agreement b) Business Associate Agreement with Plumhoff & Associates On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve both documents. A copy of each is attached. The Court next considered approval of the minutes of the Commissioners' Court meetings held in January 2010 on the following dates: Regular Meetings - 5tH 12 tH 19 th 26 th Workshop Session - 26 Special Session - 30 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the minutes as submitted. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a) Ronald Harrington, over payment $456.55 b) Reverse Mortgage Solutions, Inc., over payment $7.00 Vol 131 Page 13K Commissioners Court meeting February 16, 2010 8 c) Vanderbilt Mortgage & Finance, Inc., over payment $90.00 d) Peng Xu & Mingna Sun, over payment $17.14 e) Cameron Ranch Foodmart, over payment $69.59 f) Jerry & Rebecca Harrison, over payment $39.00 g) Pearlie Mae Pitts, over payment $188.51 h) Israel Bermudez & Zosima Tlamacico Avila, over payment $48.12 On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of the amended grant agreement with the Texas Department of Transportation for grant year two of the Comprehensive Underage Drinking Enforcement Program. The reporting of the performance goals and indicators changed slightly and requires an amended grant agreement. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the amended grant agreement. A copy is attached. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for December 2009 and the Quarter ending December 31, 2009 Report. A copy is attached to and made a part of these minutes. The next matter for consideration was the renewal of Bid 2009 -28 with NAPA Auto Parts for Shop Supplies and Auto Parts. Vol �, Page 13 Commissioners Court meeting February 16, 2010 9 All terms and conditions remain the same with no price increase. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to renew Bid 2009 -28 with NAPA Auto Parts under the new bid number of 2010- 22R. The next matter for consideration was approval for the Purchasing Agent to advertise the following bids: a) Bid 2010 -25, 12 inch Rip Rap b) Bid 2010 -26, Mowing of Country rights -of -way On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids. The Court next considered authorizing work outside of 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 Dudley Ranch Partnership, Ltd. on Long Trussel Road in Precinct 2 to take down a dead tree that could fall across the road. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. There were no announcements of interest items and possible future agenda topics. Vol /I 3I Page 14D Commissioners Court meeting February 16, 2010 10 Under citizen input and /or concerns, the following spoke: Mike Wilson, Chief Deputy a) There are 514 inmates in jail, 23 are housed off site, 52 are on electronic monitors and 45 are pending for electronic monitors. There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol I3I Page 141 The foregoing minutes of the Commissioners Court meeting held February 16, 2010 have been examined and are approved in open Court this the ((alp-' day of M- , 2010, in Bryan, Lloy Wassermann Commissioner, Precinct 1 Duane Peters Commissioner, Precinct 2 Commissioner Attest: County Clerk r' Kenny Mallard Commissioner, recinct Vol t 3 ) Page l �a BRAZOS COUNTY COMMISSIONERS COURT Meeting on , 2010 (& Name Orrganiz Department / M4� 4LZ a Ck v 1p—Q _Pti dIc� aPI-) nS e Ec (2 L,(- - j PAGE ( of Vol. 1 P 1 �13 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 —18.1 thru 18.5 On this the 16" day of February 2010 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 16 February 2010 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 16` day of February 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. M Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer / County Budget Officer Commissioners' Court Minutes V01. 1 1 p 10 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 -18.1 2/16/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 31000100 51610000 CR Hourly - Staff 26,789.00 0100 31000100 53100000 CR Social Security 2,049.00 0100 31000100 53200000 CR Retirement 3,196.00 0100 31000100 53800000 CR Worker's Compensation 37.00 0100 31000100 53300000 CR Employee Health Insurance 6,570.00 0100 31000100 53320000 CR Em 1 . Dental Insurance 96.00 0100 31000100 53101000 CR Flex Benefit Admin Fee 66.00 0100 31000200 51610000 DR Hourly - Staff 26,789.00 0100 31000200 53100000 DR Social Security 2,049.00 0100 31000200 53200000 DR Retirement 3,196.00 0100 31000200 53800000 DR Worker's Compensation 37.00 0100 31000200 53300000 DR Em loyee Health Insurance 6,570.00 0100 31000200 53320000 DR Em 1 . Dental Insurance 96.00 0100 31000200 53101000 DR Flex Benefit Admin Fee 66.00 Juvenile Services and Juvenile Detention To reallocate funds from the Juvenile Services Division to the Detention Division for the reclassification of class code 1861 position 4 from Secretary to Custodian group 10 step 6. *This action was approved by the Commissionor's Court on 2/9/2010, Agenda item #11. Vol. 1 3 1 p �S BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 -18.2 211 612 01 0 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2400 24005220 61130000 CR Conti ency -jPTlch. FLLn 98.00 2400 24005220 67203000 DR Minor Computer Hardware 98.00 Justice of the Peace Technology Fund: JP. Pct #2.2 Munoz To reallocate funds to allow for theadditional cost of a replacementlaptop for the office. Vol. 1 3 I pg I +1p BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -18.3 2/16/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 288000 80890000 CR Vehicles 14,655.00 3000 288200 60400000 DR Investigation Supplies 4,130.00 3000 288200 60500000 DR Office Equipment 1,951.00 3000 288200 67281000 DR Equipment - Electronic 568.00 3000 288200 67286000 DR Equipment - Other 8,006.00 Brazos County Grant Fund:Bryne Justice Grant and Ja - BX0600 Grant To reallocate funds into two separate grant divisions to provide better accounting information and easier acking and reporting of ex enditIores. Vol. 13 1 pg. I q-7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 18.4 2/16/2010 FUND DIV ACCT PROJIDR/CRI ACCOUNT NAME Increase Decrease 0100 11610000 72660000 CR Psychiatric Services 900.00 0100 91110000 DR Transfer to Capital Improvement Fund 900.OD 4500 49028000 CR Transfer from General Fund 900.0 4500 63000500 80101005 DR Bldg Renov - Magistrate #2 900.0 Court Support Costs and General Capital Improvement Fund To reallocate funds for the cab] in of Ma istrate #2 courtroom bench. e- Vol. 1 31 Pg. 1 4-g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 -18.5 2/16/2010 IFUNDI DIV I ACCT I PROJ I DR/CRI ACCOUNT NAME I Increase I Decrease l I�) Ultl�iltIq�FY�I�l� .1�Ydr3QQtI�I��UI�L. _ . n. � . ,.� • � � � tl� Non ITo reallocate funds to allow for the additional cost for the mail sorter maintenance. I I VOL 3 Pg. { kL PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: February 16, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Building Maintenance Cavazos, Jose Termination Juvenile Johnson, Kimberly New Hire Pennington, Shawn New Hire SO — Jail Stewart, David New Hire Sullivan, Carl New Hire Valek, Melissa Resignation Approved in Commissioners' Court: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 1 1 Sv BRAZOS COUNTY BRYAN. TEXAS �RegDjntlDn of Qe QCDmmiggionerg Court of 35rapo QCDUntp, Texag Where Brazos County desires to establish a No Parking Zone on FM 974 for the health, safety and welfare of the general public; and Iftreag, the Texas Department of Transportation agrees to erect and maintain No Parking signs within the No Parking Zone that are purchased by the County. 35e 3t Zbertfore 3&sgoWA by the Commissioners Court of Brazos County, Texas that Brazos County adopts a No Parking Zone on FM 974 from its intersection with Alexander Road, and 500 feet either direction. j9e R ]furtber 3Regotbeb, that Brazos County agrees to purchase No Parking signs and the Texas Department of Transportation (TXDoT) agrees to erect and maintain the signs throughout this No Parking Zone. This resolution shall be effective immediately upon adoption. Otrobeb this �G day of FcbtuQY . 2010. dy Sims County Judge --- -.- Commis inner Lloyd Wassermann .Commissioner Duane Peters Precinct 1 Precinct 2 Commissioner nny Mall Precinct 3 AM L -_• ui,i. • u . . it ATTEST: Kaien McQueen, County Clerk. 1 Vol. Pg. Raolutlon #10 -002 AMENDMENT TO BUSINESS ASSOCIATE AGREEMENT Employer Name: Brazos County BCBSTX Account Number(s): 080950 This "Amendment' is entered into by Blue Cross and Blue Shield of Texas (BCBSTX), a Division of Health Care Service Corporation, a Mutual Legal Reserve Company ( "Business Associate) and Brazos County ( "Employer" a.k.a. Plan Sponsor) and Brazos County on behalf of its Group Health Plan ( "GHP "), collectively the "Parties, ", and amends the current Business Associate Agreement between the Parties dated 11/02/2004 (hereinafter referred to as the "Agreement "). WHEREAS, the requirements of the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009 and its implementing regulations, as issued and amended by the Secretary ( "HITECH"), require that Business Associate and Covered Entity amend its current Agreement with respect to HITECH's Security Breach Notifications Requirements; WHEREAS, the parties agree to incorporate into Agreement any regulations issued with respect to the HITECH that relate to the obligations of business associates and hereby agree to include the following terms in the Agreement:. 1. Capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings set forth in HIPAA and/or HITECH, which definitions are hereby incorporated by reference. 2. Business Associate will report to Covered Entity, as required by law, the discovery of any `Breach" of "Unsecured Protected Health Information as these terms are defined by HITECH. Business Associate shall cooperate with Covered Entity in investigating the Breach and in meeting the Covered Entity's obligations under HITECH and any other security breach notification laws. Any such report shall include the identification (if known) of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach as required by law. 3. Delegation of HITECH Security Breach Notification Services. Covered Entity shall check "YES ", below, if Covered Entity is electing to delegate to Business Associate the provision of the HITECH Act Security Breach services described in Attachment 1. Covered Entity shall check "NO ", below, if Covered Entity is electing to retain the provision of the HITECH Act Security Breach services described in Attachment 1. If Covered Entity does not check "YES" or "NO" below, Business Associate will NOT provide the HITECH Act Security Breach services described in Attachment 1 and these services will be the responsibility of the Covered Entity. YES ❑ NO 4. Miscellaneous: Any conflict between terms of this Amendment and the Agreement shall be resolved so that the terms of this Amendment supercede the relevant terms of the Agreement. All other terms of the Agreement remain in full force and effect. Effective Date: This amendment is effective as of the date executed by Covered Entity. IN A T'I'NESS WHEREOF, the Parties hereto have authorized this Amendment to be executed. Brazos County, Employer (a.k a. Plan Sponsor) and Employer on behalf of its Group Heal t Ian, t Covered Entity: Signature: Blue Cross and Blue Shield of Texas, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company: Signature: ` L Qom. Printed n Name: � 4 511P� `J Title: U 5u Date: a(1LvIt,:> Printed Name: J. Darren Rodgers Title: President, Texas Division Date: anaTt.xrrscx.xcsc.as.eaii.o9 3 Pg r 'J Vol. �.-- -- Attachment 1 Business Associate Agreement Amendment HITECH Security Breach Services The following HITECH Act Security Breach services will be provided by the Party designated by the Covered Entity on the Business Associate Agreement Amendment as allowed by the HITECH Act and any subsequent regulation or guidance from the United States Department of Health and Human Services (DHHS). (NOTE: If Covered Entity does not designate on the 'Business Associate Agreement Amendment which Party will provide the Security Breach services listed below, these services will NOT be provided by Business Associate and will be the responsibility of the Covered Entity): • Investigate any unauthorized access, use, or disclosure of Group Health Plan member protected health information (PHI). • Determine whether there is a significant risk of financial, reputational or other harm to any Group Health Plan member as provided for in the HITECH Act. • Determine whether the incident falls under any of the HITECH Act Security Breach notification exceptions. • Document and retain each HITECH Security Breach risk assessment and exception analyses, and make this information available to Group Health Plan members upon request. • Provide Group Health Plan with written notification that describes the HITECH Security Breach incident in detail including a list of the impacted members and/or a copy of a member notification. • Notify each Group Health Plan member impacted by the HITECH Security Breach by fast class mail within the applicable statutory notification period, and provide toll -free numbers to the impacted members in order to handle any member questions regarding the incident. The notification will include the following: • A brief description of the incident, including the date of the Security Breach and the date it was discovered; • A description of the types of PHI involved in the Security Breach (i.e., name, birth date, home address, account number, Social Security Number, etc.) The steps that individuals might take to protect themselves from potential harm • A brief description of what the Claim Administrator is doing to mitigate the harm and to avoid further incidents • Provide a substitute notice, as described in the HITECH Act, to impacted members if there is insufficient mailing address information • Maintain a log and submit to DHHS an annual report of Security Breaches that impact fewer than 500 members (will comply according to the DHHS guidelines published on 8/24/09). • Notify DHHS immediately, in the event the Security Breach impacts more than 500 individuals (will comply according to the guidelines published on 8/24/09). • Notify media when required under the HITECH ACT and alert Group Health Plan if any such notifications are needed. The above listed HITECH Act Security Breach services may be changed from time to time by Business Associate as necessary, and as required by the HITECH Act, DHHS regulation and DHHS guidance. Vol. ! 31 pg. 153 10109- Att VAmend. BUSINESS ASSOCIATE AGREEMENT Effective as of October 27, 2009 ("Effective Date "), this Business Associate Agreement ( "Agreement ") is made and entered into by and between Plumhoff & Associates ("Business Associate "), and Brazos County ( "Plan Sponsor "), in its own capacity and as the plan sponsor of Covered Entity (defined below). The Business Associate and Plan Sponsor may be individually referred to herein as "Party" and collectively as "Parties ". WHEREAS, Plan Sponsor is the plan sponsor of Covered Entity and has the authority to act on behalf of Coveted Entity; NOW THEREFORE, in consideration of the mutual covenants contained herein, the adequacy of which is hereby acknowledged, and intending to be legally bound hereby, the Plan Sponsor and Business Associate hereby agree as follows: Article I Definitions Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule. 1.01 Business Associate. "Business Associate" means Plumhoff & Associates, including any successor thereto. Business Associate shall perform all of its duties, obligations, and responsibilities under this Agreement in its capacity as a "business associate ", as defined by 45 CFR 160.103 of the Privacy Rule and Section 13408 of the Health Information Technology for Economic and Clinical Health Act (the "HITECH Act "), of Covered Entity. 1.02 Breach. "Breach" means the acquisition, access, use or disclosure of Protected Health Information in a manner not permitted under subpart E of 45 CFR part 164 which compromises the security or privacy of the Protected Health Information. 1.03 Covered Entity. "Covered Entity" means the Brazos County Benefit Plan (the "Plan" 1.04 Designated Record Set. "Designated Record Set" means a group of records maintained by or for Covered Entity that include (a) medical records and billing records about individuals maintained by or for a covered healthcare provider; (b) the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for Covered Entity; or (c) records used, in whole or in part, by or for Covered Entity to make decisions about individuals. As used herein, the term "Record" means any item, collection, or grouping of information that includes Protected Health Information and is maintained, collected, used or disseminated by or for Covered Entity. 1.05 HIPAA. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104 -191, as it may be amended from time to time. Vol. 1 pg, 15 Lf 1.06 Individual. "Individual" has the same meaning as the term "individual" in 45 CFR 164.501 of the Privacy Rule, and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(8) of the Privacy Rule. 1.07 Privacy Rule. "Privacy Rule" means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E, as promulgated under HIPAA. References herein to any section of the Privacy Rule shall include any amendments or successor provision thereto. 1.08 Protected Health Information. "Protected Health Information" has the same meaning as the term "protected health information" in 45 CFR 164.501 of the Privacy Rule; provided, however, such term is limited, when used herein, to the Protected Health Information created or received by Business Associate from or on behalf of Covered Entity. 1.09 Required By Law. "Required By Law" has the same meaning as the term "required by law" in 45 CFR 164.501 of the Privacy Rule. 1.10 Secretary. "Secretary" means the Secretary of the federal Department of Health and Human Services or his designee. 1.11 Unsecured Protected Health Information. "Unsecured Protected Health Information" means Protected Health Information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in authoritative guidance issued under Section 13402(h)(2) of the HITECH Act. Article H Obligations and Activities of Business Associate 2.01 Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by this Agreement or as Required By Law. 2.02 Business Associate agrees to use appropriate safeguards to prevent the use or disclosure of Protected Health Information other than as permitted or required by this Agreement or as Required By Law. 2.03 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of this Agreement. 2.04 Business Associate agrees to report to Covered Entity any use or disclosure of Protected Health Information not provided for by this Agreement of which it becomes aware. 2.05 Business Associate agrees to ensure that any agent (including a subcontractor) to whom it provides Protected Health Information agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to. such Protected Health Information. Vol. 31 Pg. 16S 2.06. Business Associate agrees to provide access, at the request of Covered Entity, and in the time and manner as determined by Business Associate or as Required By Law, to Protected Health Information in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524 of the Privacy Rule. 2.07 Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CFR 164.526 of the Privacy Rule at the request of Covered Entity or an Individual, and in the time and manner as determined by Business Associate or as Required By Law. 2.08 Business Associate agrees to make its internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information available to Covered Entity, or to the Secretary, in a time and manner as determined by Business Associate or as designated by the Secretary, for purposes of the Secretary to determine Covered Entity's compliance with the Privacy Rule. 2.09 Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528 of the Privacy Rule. 2.10 Business Associate agrees to provide to Covered Entity or an Individual, in the time and manner as determined by Business Associate or as Required By Law, information collected in accordance with Section 3.01 of this Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528 of the Privacy Rule. 2.11 Business Associate shall only disclose Protected Health Information to the following employees of Plan Sponsor who act on behalf of Covered Entity: Human Resources Director - Jennifer Salazar Human Resource Associate -Misty Ristoff Human Resource Assistant - Beatrice Rodriguez, Antonia Flores Human Resource Clerk- Jackie Cantu Information may only be disclosed to the above listed contact(s) until such time as Business Associate receives written notification from or on behalf of Covered Entity that such contact(s) have changed. Business Associate must change the contact person(s) within two business days of its receipt of a proper notice from or on behalf of Covered Entity. 2.12 Effective September 23, 2009, Business Associate agrees to, as soon as practicable, but in no case later than 60 calendar days after the discovery of a Breach of Unsecured Protected Health Information, notify Covered Entity of such Breach. A Breach shall be treated as discovered as of the first day on which such Breach is known, or by exercising reasonable diligence would have been known, to any person, other than the person committing the Breach, who is an employee, officer, or agent of Business Associate. The notification shall Vol._____ 3 ---pg— include, to the extent possible, the identification of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, used, or disclosed during the Breach. In addition, Business Associate shall provide Covered Entity with any other available information that Covered Entity is required to include in the notification to the individual under 45 CFR 164.404(c) of the Privacy Rule. Such notice shall be provided in substantially the same form as set forth in Appendix A hereto. 2.13 Effective February 17, 2010, to protect electronic Protected Health Information, Business Associate agrees to implement administrative safeguards in accordance with 45 CFR 164.308, physical safeguards in accordance with 45 CFR 164.310, technical safeguards in accordance with 45 CFR 164.312, and policies and procedures in accordance with 45 CFR 164.316. Article III Permitted Uses and Disclosures by Business Associate 3.01 Except as otherwise limited in this Agreement, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity, provided that such use or disclosure (a) would not violate the Privacy Rule if done by Covered Entity or (b) does not violate the "minimum necessary" policies and procedures of Covered Entity for compliance with HIPAA. 3.02 Specific Use and Disclosures: (a) Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information for the proper management and administration of Business Associate, to carry out its legal responsibilities or as Required By Law. (b) Except as otherwise limited in this Agreement, Business Associate may disclose Protected Health Information for the proper management and administration of Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used (or further disclosed) only as Required By Law or for the purpose for which it was disclosed to such person, and such person notifies Business Associate of any instances of which it is aware in which the confidentiality of the Protected Health Information has been breached. (c) Except as may otherwise be limited in this Agreement, Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B) of the Privacy Rule. (d) Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.5020)(1) of the Privacy Rule. 3.03 Record Retention, Return, Destruction. Business Associate shall retain records related to the Protected Health Information hereunder for a period of six (6) years unless the Vol. 131 PS--k !i ! -- Agreement is terminated prior thereto. In the event of termination of this Agreement, the provisions of Section 5.01 of this Agreement shall govern record retention, return or destruction. Article IV Obligations of Covered Entity 4.01 Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions. (a) Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices, in accordance with 45 CFR 164.520 of the Privacy Rule, to the extent that such limitation(s) may affect Business Associate's use or disclosure of Protected Health Information. (b) Covered Entity shall notify Business Associate of any change in, or revocation of, permission by an Individual to use or disclose Protected Health Information, to the extent that such change or revocation may affect Business Associate's use or disclosure of Protected Health hnformation. (c) Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR 164.522 of the Privacy Rule, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. 4.02 Permissible Requests by Covered Entity. Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 4.03 Covered Entity shall only disclose Protected Health Information to the following persons at Business Associate: Vice President - Account Management- Brenda Cos Account Analyst- Kasey Fink Executive Vice President -Mark Grierson Information may only be disclosed to the above listed contact(s) until such time as Covered Entity receives written notification from Business Associate that such contact(s) have changed. Covered Entity shall promptly change the contact person(s) upon its receipt of a proper notice from Business Associate. Article V Term and Termination 5.01 Term. The term of this Agreement shall be effective as of the Effective Date, and shall terminate when all subject Protected Health Information is either destroyed or returned to Von. - 131 P9 158, Covered Entity; or, if it is infeasible to return or destroy Protected Health Information, the confidentiality protection that is Required By Law shall be extended to such Protected Health Information in accordance with the termination provisions in this Article V . 5.02 Termination for Cause. (a) Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: (i) Provide an opportunity for Business Associate to cure the breach or end the violation, and terminate this Agreement if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; (ii) Immediately terminate this Agreement if Business Associate has breached a material term of this Agreement and cure is not reasonably possible; or (iii) If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary. If Business Associate fails to cure a breach for which cure is reasonably possible, Covered Entity may take action to cure the breach, including but not limited to obtaining an injunction that will prevent further improper use or disclosure of Protected Health Information. Should such action be taken, Business Associate agrees to indemnify Covered Entity for any costs, including court costs and attorneys' fees, associated with curing the breach. (b) Effective February 17, 2010, upon Business Associate's knowledge of a material breach by Covered Entity, Business Associate shall either: (i) Provide an opportunity for Covered Entity to cure the breach or end the violation, and terminate this Agreement if Covered Entity does not cure the breach or end the violation within the time specified by Business Associate; (ii) Immediately terminate this Agreement if Covered Entity has breached a material term of this Agreement and cure is not reasonably possible; or (iii) If neither termination nor cure is feasible, Business Associate shall report the violation to the Secretary. 5.03 Effect of Termination. (a) Except as provided in paragraph (b) of this Section 5.03, upon termination of this Agreement for any reason, Business Associate shall return or destroy all Protected Health Information as Required By Law. This provision shall also apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate, and its subcontractors and agents, shall retain no copies, including, without limitation any electronic versions, of the Protected Health Information. X 51 Vol.__— -� i Pg. — (b) In the event that Business Associate determines, in its discretion, that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide notification to Covered Entity that return or destruction is infeasible. Upon receipt of such notice, Business Associate shall (i) extend the confidentiality protections Required By Law to such Protected Health Information and (ii) limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information or as Required By Law. Article VI Miscellaneous 6.01 Enforcement. Effective February 17, 2010, if Business Associate violates any provision of this Agreement, the penalties under Sections 1176 and 1177 of the Social Security Act, as amended by the HITECH Act, shall apply to Business Associate. 6.02 Amendment. Business Associate and Plan Sponsor agree to take such action as they deem to be necessary to amend this Agreement from time to time, including as necessary for Covered Entity to comply with the requirements of the Privacy Rule and HIPAA. All such amendments shall be in writing and signed by the parties hereto. 6.03 Survival. The respective rights and obligations of the Parties hereto under Article V and Section 6.04 of this Agreement, and as otherwise necessary to protect the rights of the Parties, shall survive the termination of this Agreement. 6.04 Notices. All notices, requests, consents and other communications hereunder must be in writing, addressed to the receiving Party's address set forth below or to such other address as a Party may designate by notice hereunder, and will be either (i) delivered by hand, (ii) made by facsimile transmission, (iii) sent by overnight courier, or (iv) sent by registered or certified mail, return receipt requested, postage prepaid. If to Plan Sponsor: Brazos County 200 S Texas Avenue Suite 206 Bryan, TX 77803 Facsimile: 979 - 823 -6993 If to Business Associate: Plumhoff & Associates 1220 Augusta Dr., Suite 300 Houston, TX 77057 Facsimile: 713- 789 -4977 6.05 Indemnification. Plan Sponsor shall indemnify and hold harmless Business Associate from and against any damages, losses, and liabilities arising out of any act or omission by Plan Sponsor or its employees which constitutes a negligent or willful violation of the Privacy Rule by Plan Sponsor or its employees. i Vol.._ 3 __ — pg. Business Associate shall indemnify and hold harmless Plan Sponsor and Covered Entity from and against any damages, losses, and liabilities arising out of any act or omission by Business Associate or its employees or agents, which constitutes a negligent or willful violation of the Privacy Rule by Business Associate or its employees or agents. 6.06 Governing Law. This Agreement shall be governed by the laws of the State of Texas (without regard to conflict of laws principles), except to the extent such laws are preempted by applicable federal law. Any claim, dispute, controversy or other matter arising under or related to this Agreement shall be subject to the sole and exclusive jurisdiction of the federal and state courts located in Harris County, Texas, and all parties hereto waive any claims of inconvenience or lack of personal jurisdiction with respect to such courts. 6.07 Waiver. No waiver of any right hereunder shall be effective for any purpose unless in a writing that is signed by the Party possessing said right; nor shall any such waiver be construed to be a waiver of any subsequent right, term or provision of this Agreement. Each such waiver or consent will be effective only in the specific instance and for the purpose for which it was given, and will not constitute a continuing waiver or consent. 6.08 Assignment. No Party to this Agreement may assign its rights or delegate its duties or liabilities under this Agreement without the prior written consent of the other Party. 6.09 Entire Agreement. This Agreement embodies the entire agreement and understanding between the Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements and understandings relating to such subject matter. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Agreement shall affect, or be used to interpret, change or restrict, the express terms and provisions of this Agreement. 6.10 Interpretation. The Parties intend this Agreement to be enforced as written. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule and HIPAA. However, (i) if any provision of this Agreement should to any extent be declared illegal or unenforceable by a duly authorized court having jurisdiction, then the remainder of this Agreement, or the application of such provision in circumstances other than those as to which it is declared illegal or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the full extent permitted by law; and (ii) if any provision hereof is held to be unenforceable because of the duration of such provision, the Parties hereby agree that the court making such determination shall have the power to reduce the duration of such provision, and/or to delete specific words and phrases, and in its reduced form such provision shall then be enforceable to the full extent permitted by law. The Parties acknowledge and agree that both (i) any rule of construction to the effect that any ambiguities are resolved against the drafting Party and (ii) the terms and provisions of this Agreement, shall be construed fairly as to all Parties and not in favor of or against a Party, regardless of which Party was generally responsible for the preparation of this Agreement. 6.11, Headings. The headings and captions of the various sections of this Agreement are for convenience of reference only and shall in no way modify, or affect the meaning or construction of, any of the terms or provisions hereof Vol - Pg' j�t 6.12 Counterparts. This Agreement may be executed in multiple counterparts, which together shall constitute one and the same Agreement. IN WITNESS WHEREOF, intending to be bound hereunder, the Parties, by their duly authorized representatives, have approved and executed this Agreement on this t & L day of 209#, to be effective as of the Effective Date. fo PLAN SPONSOR (on its behalf and on behalf of Covered Entity): BUSINESS ASSOCIATE: Brazos Printed N Title: pn(, c� Plumhoff & Associates Printed Name: Title: Vo1. --La� P g - 1 APPENDIX A MODEL NOTICE OF BREACH This notification is being made pursuant to Section 2.12 of the Business Associate Agreement between [INSERT NAME OF PLAN SPONSOR], as plan sponsor for [INSERT NAME OF PLAN] (the "Covered Entity") and Plumhoff & Associates ("Business Associate "). Business Associate hereby notifies Covered Entity that there has been a Breach of Unsecured Protected Health Information that Business Associate has used or has had access to under the terms of the Business Associate Agreement. Name of Individuals Affected: Description of the Date of the Breach: Date of the Discovery of the Breach: Types of Unsecured Protected Health Information that were involved in the Breach [INSERT full name, Social Security number, date of birth, home address, account number, diagnosis, or disability code]: Description of what the Business Associate is doing to investigate the Breach, to mitigate losses, and to protect against any further Breaches: Steps the individuals should take to protect themselves from potential harm resulting from the If you have questions or want additional information about the foregoing, please contact: Address: Phone Number: E -mail Address: Website: 3 Vol.-- 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 10/01/2008 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: 2/10/2010 (�) Page 2 of 71 Vol. l 3 1 P ! �¢ L 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 Brazos County Attorney's Office THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission 10 [District Engineer Texas Department of Transportation] [Name] [Title] ly' T U�g,, [Title] Date: CSH4ll0 Date: Under the authority of Ordinance or Resolution Number (for local government): (If Applicable) By: Director, Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $100,000.00) [Resolution Number] Date: 2009- BrazosCA- G- MYG -Yr1 -0226 Printed On: 2/10/2010 (1) Page 3 of 71 Vol. 3 p I (P I�ne[� 5 ink [Name] 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 Organization Address Mailing Address Gerald Kinard 300 East 26th Street Suite 325 Bryan, TX 77803 Multi Year Proposal Selection 2009- BrazosCA- G- MYG -Yr1 -0226 Printed On: 2/10/2010 (1) - I / 4P Page 4 of 71 Vol. � 3 � p (D 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-1 02; OMB Circular A-21; OMB Circular A-1 22; 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 2009- BrazosCA- G- MYG -Yrl -0226 Printed On: 2/10/2010 (f) 7 Page 5 of 71 Vol. Pg. 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. I. 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, 2009- BrazosCA- G- MYG -Yr1 -0226 Printed On: 2/10/2010 (1) I tD / _ Y Page 6 of 71 Vol. 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 "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 2009- BrazosCA- G- MYG -Yr1 -0226 Printed On: 2/10/2010 (1) Page 7 of 71 Vol. !_.31 -- Pg'- 162'_"' —_ 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. I. 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- 13razosCA- G- MYG -Yr1 -0226 Printed On: 2/10/2010 (1) Page 8 of 71 Vol. �- Pg. 17 Brazos County Attorney's Office Brazos Countv 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, 2009 BrazosCA- G MYG - Yr1 - 0226_ Printed On: 2/10/2010 (1) Page 9 of 71 V0 1. 3l Pg. �-I Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program 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, of 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 2009- BrazosCA- G- MYG -Yr1 -0226 Printed On: 2/10/2010 (1) 1 3 ( pg 9 � Page 10 of 71 Vol. _--- —�=_— Brazos,County Attorney's Office Brazos County Comprehensive Underage Drinking Program 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. 2009- BrazosCA- G- MYG -Yr1 -0226 Printed On: 2/10/2010 ( 2 Page 11 of 71 Vol. e� —� Pg'_J Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program 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 2009- BrazosCA- G- MYG -Yr1 -0226 Pflnted On: 2/10/2010 - (1) Page 12 of 71 Vol.. " 1 pg. [-14 Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program 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 2009- BrazosCA- G- MYG -Yr1 -0226 Printed On: 2/10/2010 (1) Page 13 of 71 VOL 131 Pg. Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program 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 2009- BrazosCA- G- MYG =Yrl -0226 Printed On: 2/1012010 (1) - Page 14 of 71 Vol. pg. 1 Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program 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. 2009- BrazosCA- G- MYG -Yrl -0226 Printed On: 2/10/2010 (1) Page 15 of 71 Vol. i 3 I Pg. Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program 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 2009- BrazosCA- G- MYG -Yr1 -0226 printed On: 2/10/2010 (1) Page 16 of 71 Vol. 3 ( pg. [ I r Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program 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 2009- 13fazosGA- G- 1V1YG -Yr1 -0226 Printed On: 2/10/2010 (1) Page 17 of 71 V0 1. b3 Pg Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program 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. I. 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. 2009- BrazosCA- G- MYG -Yr1 -0226 Printed On: 2/10/2010 (1) _ -_ - - ( I-r*) Page 18 of 71 Vol. ' 3 leg. D 1 Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program 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 2009 BrazosCA G - MYG - Yr1 - 0226 Printed On: 2/10/2010 (�) 9 Page 19 of 71 Vol. `� Pg• l 8 l Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program Alcohol and Other Drug Counter Measures Select a goal: S 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: F reduce the number of DWI - related crashes, injuries, and fatalities Select a strategy: 2009- BrazosCA- G- MYG -Yr1 -0226 Printed On: 2110/2010 (1) _— _ I q �1 O � Page 20 of 71 V01. ��-- Pg' D --�" Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program Problem Identification and Solution I. 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 - 2009- BrazosCA- G- MYG -Yr1 -0226 Printed On: 2/10/2010 (1) Page 21 of 71 Vol. 1 3 Pg 93 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 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: 2/10/2010 (1) Page 22 of 71 Vol. 131 Pg . T 94 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: 2/10/2010 (1) Page 23 of 71 - vol. 131 P l � 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: 2/10/2010 (1) Page 24 of 71 vot. 3 pg. L $c 0 U O VI N 0 Q T C 0 0 U N O N a) m` 7 0 U N 0 N m` N d r v Q v c R N d L W R CD d v c R E d a. W a to d CL U O d .0 > 0 0 O F- L d . E > Z 0 rn U Q f- N a) 'U C a) O) aS C a) E U `O c a) 3 R a) C 0) 0 E E ac L .3 U O Y v, 0 T U C a) O) � o N C) N C O C Cl) Q `) 3 N R 41 a) � O U C R O E m L Q. 0 t E au a) 7 t6 d d c N as Ve Vol. ___31__ pg. l 9,7 0 LO N T m a) d co O 0 'O N 00 C r cq N A N 0 Z. U O w CO! a. 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P g. 1R5 0 M a) rn co a 0 N O N c 0 d U c Om N L d N Q E E O O Q U T +'' C C 7 3 O O UU rn N O O N ca 07 m N m r r Q V C A N d N d W V C R E O d a L a N d V d � �^ C O U F d N a � a E d > Z d O N V O Ia ` o C T a U C N c a� N c C D m c . 0 0 y N N (6 U m _c d7 U O X_ N N O (` Q) N 7 l C as 4; G � N � U C C O R = E m O O CL U Vol. 131 -- Pg' 6 �2 0 It M N rn (0 d :, O N O N N N O o z U O LU Q m m a a.. n n. > L Z Z C > > o a a a n n a g g a a a a a a w LL a a a a a a Q W O O Z U O m n a aa) ( (D C CD N C C C C C C O N N N N N N n m m 0 0) m m N a a a a a a U C r r- 0 N C_ N C N O_ N N O N U O) G G C O O N N N ( (6 . .> T' N N w O N ' C C On N v E E E E Q ' ' N N M M f6 f C O w C C c _ w. 2 O 6 _ N O 6 N a) E E c c 'c U ' 7 7 U O ' ' O_ 0 in U U i iL n �N_ M 1 O -�6 _ r -_ _ M _ � _ _ _ � �_ _ h 1 _• - O1 � �,I, 131 -- Pg' 6 �2 0 It M N rn (0 d :, O N O N N N O Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program Budget Summary 2009- BrazosCA- G- MYG -Yrl -0226 Printed On: 2/10/2010 ( Page 35 of 71 Vol. Pg• 1,97 Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in eGrants. 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 (2) Period: 10/01/2009 to 09130/2010 Page 36 of 71 Vol. 3 Pg. l q g- 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 Organization Address Mailing Address Gerald Kinard 300 East 26th Street Suite 325 Bryan, TX 77803 Multi Year Proposal Selection 2009- BrazosCA -G- MYG -Yr1 -0226 2010- BrazosCA -G- MYG -Yr2 -0227 Printed On: 2/1012010 (2) Page 37 of 71 Vol. 1 3 1 . -Pg. ' q q Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program Alcohol and Other Drug Counter Measures Select a goal: 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: F reduce the number of DWI - related crashes, injuries, and fatalities Select a strategy: - 2010- BrazosCA- G- MYG -Yr2 -0227 Printed On: 2/10/2010 ( Page 38 of 71 01. 1 31 _ Pa. o—"� Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program Problem Identification and Solution I. 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 -Y2 -0227 Printed On: 2/10/2010 ( Page 39 of 71 P •-- �u'� 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 drivers 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: 2/10/2010 (2) Page 40 of 71 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 2010- BrazosCA- G- MYG -Y2 -0227 Printed On: 2/10/2010 (2) 3 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. . - 2010- Bra_zosCA- G- MYG -Y2 -0227 Printed On: 2110/2010 ( Page 42 of 71 Vol. 3 5 1 --- pg. O m U O CD N = a) a C QU VT. w C C 7 O O UU N O N N OJ m N d w v Q C lC N m N K d d v C m E O m a Li a N d a+ V m O 0 c_ E O O L O U m a) . O CL O L a) 0 O t w O) C m N a� U m 0 C O P C ul O O ... N U o M d 7 d M m a7 7 C C � O > z E m C .�� Q. O U) O M a U a ©5 Vo ____ 3 t--- P g . 0 M V a) O) a7 a co O r O a) N C Or n N O Z : L) O w N n. a a IL a a J , a. (L a IL a a o >- n. d a a a� Q a a a a a a W LL d D. 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Q LL J d L z. c � o � u a d 'O Q LL LL Q W D O z -U O d a a . a a a U) C R R co R co CL m m m rn 0) 3 d 7 7 7 7 0' . y y (n , U) CO d L C . C) O) O C _ L 0) d d _0 N O a) + N N U w E N d 7 d E. d.O d 0) N C O 0 _0 w N N O L d U d w d O O_ N cn L C N 7 W .-. L O R co => C_ O)— U ca d > w M c°— C Ed C N ' O U a) E w . r @ O r L C O O R _ R "O 0_ > a) U U U D. N R O N (a L " aL-. (a ` z' Z = c 3 "a 0 O) C .0 C U R a) � I O O O N O (Y) Y R C O d Q O U Vol. l 9 � ) Pg. a 1 - 3 O 1 d m R a L O N O N c Y c O U _ C Od N L a) n C E O O Q � C = O O U U N a) O N mm W d •r. v a a c cc N V 7 0 R N d V C E CD CD a W a� 4 f/l V d Vol. 3 l p 0 N LD a) rn m a C O 0� O "0 N a) O C r CL` N 0 O C T U L O U C a) w w C a CD L a) B Q C 0) C 0 L Z N a) C N (6 U O } l4 G r.+ U E an. O U 0 N p X U N C) Cl) F c0 7 co w W a7 7 d N Cc LL Q E a) E C O a 10 > z m " c .. E 0 0 0 (m v w H CO a Vol. 3 l p 0 N LD a) rn m a C O 0� O "0 N a) O C r CL` N 0 z U O w w a Q L Z C � O } an. w LL a M a a w 0 O z U O d C Q m 0) 0) N, aD 0_ 0 CL C_ N () c N N O C U w O a) (6 '� > • C)_ � O O y _ 7 0) m C C E Q N 'N - 0 T a) T y C C 0 C a5 E O C a) 0_ v E U 0 C •V N 0 U p L C N 'N U O ci Vol. 3 l p 0 N LD a) rn m a C O 0� O "0 N a) O C r CL` N Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program Budget Summary 2010- BrazosCA- G- MYG -Yr2 -0227 Printed On: 2/10/2010 (2) � l S Page 53 of 71 Vol. ---L _ Pg• Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in eGrants. 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 Page 54 of 71 Vol. l 3 ( Pg. 91 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 Organization Address Mailing Address Multi Year Proposal Selection 2009- BrazosCA -G- MYG -Yr1 -0226 Gerald Kinard 300 East 26th Street Suite 325 Bryan, TX 77803 20 11 -BrazosCA-G-MYG-Yr3-0228 Printed On: 2/10/2010 Page 55 of 71 VOL ____ - 3t- Pg. `__ - I- -- Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program Alcohol and Other Drug Counter Measures Select a goal: x 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: F To reduce the number of DWI - related crashes, injuries, and fatalities Select a strategy: 2011- 13razosGA- G- MYG -Yr3 -0228 Printed On: 2/10/2010 I Page 56 of 71 Vol. 1 Pg. Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program Problem Identification and Solution I. 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 - - 0228 Printed On: 2/10/2010 Page 57 of 71 V61, 131 P�, OA 19 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- BrazosCA- G- MYG -Yr3 -0228 Printed On: 2/10/2010 Page 58 of 71 V0 1. I � pg. aaa 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- BrazosCA- G- MYG -Yr3 -0228 Printed On: 2/10/2010 Page 59 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. 2011- l3razosCA- G- MYG -Yr3 -0228 Printed On: 2/10/2010 Page 60 of 71 Vol._ -- C Y c O d N ch U_ C Od ) L CD a p. 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C C C Q 0 CL c O C y N N U O: c4 N fU �+ O CL w > :�• rn � c ;c E Q N 'U T a Co -O L C O w c C c6 r _N O C O N U ° U �2 0 O 0 0 ti O rn (0 d \ -0 J 0 � O U N _ O N Vol. 1 31 Pg. a 3 Brazos County Attorney's Office Brazos County Comprehensive Underage Drinking Program Budget Summary 2011- BrazosCA- G- MYG -Yr3-0228 Printed On: 2/10/2010 Page 71 of 71 Vol. 15 Pg. X33 Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in eGrants. The State of Texas, County of BRAZOS -�- 15 We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.016) Witness my hand this I(A day of F_ -bruGf r — A.D. 2010 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this i( day of Lloyd W Asermann, Commissioner Precinct #1 Duane Peters, Commissioner Precinct #2 Kenny Irma Cauley, Treasurer's Report for the MONTH of DECEMBER 2009 AND THE O/E 12131/09 #3 H Vol. 1 , 3 1 Pg. 0 4 O rc O W Vol. 131 . P9. -1,35 m m . . . . . . . . .. M m I C� -R N IR P O C� I Lq 'N v Cd to I No moa m a N m . mrvm ri n N q I=! N ch 6 .6 v cd C � m Z: - o 1 � ri m Z: Iz n In C� T m I M D R L'i Oi O V ri N -q ti V 71 , O Z if w 0 b w z LL O N Ci 0 z x em 2 z z I u u 0 A z 0 u u SON F t. m L5 0 , > > �- d d 1 IN I 888... 8 SEES - ooas I .o- - �11 M � � 1 � h- M �mi � ' 1�- I [ I -LILI I v I O rc O W Vol. 131 . P9. -1,35 O O No Vo l. pg. o I 0 u 4 > I I t I I I I I O Lq r� oR w r1t cD cO -6 R N� -6 A .Ni It p O m -q 'n m c� m y q L9 Iq Iq 16 1 1 o 2 0 . . . . . . . . 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