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HomeMy WebLinkAbout2012-04-24-10:00AM-REGULAR'f,'f .1 t, , .,,. 31 �`j`��, i�d t�., Ire :•,! BRYAN.TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON APRIL 24, 2012 AT 10:00 AM IN THE JUSTICE OF THE PEACE PRECINCT 2.2 COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 114, BRYAN, TX 77803 Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and /or concerns. 3. Presentation(s) Presentation in honor of Eric Zimmerman. Consider and take action on agenda items 4 - 22: 4, Proclamation # 12-017 proclaiming May 2012 as Older Americans Month and May 7- 11.2012 as Senior Corps Week. 5. Proclamation # 12 proclaiming April 2012 as Confederate History and Heritage Month. 8, Proclamation # 12-020 honoring Danny & Margaret O'Quinn for their service to the community. 7 Proclamation # 12 -021 honoring Janette Hedge for her service to the community. 8, Texas Division of Emergency Management 2009 Grant Adjustment Notice for the Homeland Security Grant Program (award #09- GA48041 -04). 9, Request from the Information Technology Department for approval of the installation of AICMS and AICS onsile for the Justice Software Project. 10 Request from the Information Technology Department for approval of the 01 2012 Quarterly Performance Report for the Justice Software Protect. 11 Consider and take action on a funding agreement with the Brazos Valley Veterans Memorial (BVVMI. It Vol. Pg. __- BRAZOSCOUNTY is anticipated that the BVVM will use the funding to create a statute honoring those who s in the war of 1812. 12 13. 14. 15. 16. frh 18. Tax Refund Applications for the following: • a Corelogic Real Estate - overpavment $334.06 • b Transtar National Inc. over2avment- $50.42 • c Corelogic Real Estate - overpayment- $60.60 • d Ocwen Loan Servicing LLC- overpayment-$36 01 • e Ocwen Loan Servicing LLC - overpavment -$7.32 • f Corelogic Real Estate-overpayment-$2901.18 • q JHW Inc-overpayment-$4912-28 • h Roscoe R & Lynda C Mason-overpayment-$23.91 • i Corelogic Reas Estate - overpayment - 528.29 • I National Closing Sollutions NCS- overpayment- $150.34 • k Ocwen Loan Servicing LLC - overpayment- $288.23 • I Carolyn or Leonard Waldon- overpayment-$6.96 • m Stephanie Powell-overpayment-$79.83 19. Commissioners Court minutes for the following dates: • a April 3 2012 - Regular Meeting • b April 10 2012 - Regular Meeting 20. Budget Amendments. Budget Amendments FY 11/12 28.1 thru 28.4. 21. Personnel Change of Status. Personnel Action Forms 22. Payment of Claims. 23. Acknowledgement of the Brazos County Expo Second Quarter Sales & Marketing Report. 24. 25. Sheriff's report on inmate population. Vol. I (P I Pg. Request approval for the acceptance of Special Warranty Deed from Alex and Myrna Lopez for 0.32 acres of land to be used for improvements to Shirley Road located in Prec 2. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and /or concerns. 28. Adjourn. VOL 1 b l r,g. 3 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or Integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda property posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Justice of the Peace Precinct 2.2 Courtroom of the County Administration Building, 200 South Texas Ave., Suite 114, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Pg' Vol._I MINUTES April 24, 2012 BRAZOS COUNTY COMMISSIONERS COURT r:�x�nf�_v LO Signature Page 4- 24.pdf i D File Stamped Agenda.pdf 0 Sign in sheet.ndf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Courtroom of the Justice of the Peace Precinct 2, Place 2 in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, April 24, 2012 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Mallard 2. Call for Citizen input and /or concerns. There was no citizen's input. 3. Presentation(s) Pg. BRAZOS COUNTY BRYANJEXAS Presentation in honor of Eric Zimmerman The County Judge presented Eric Zimmerman with the proclamation and plaque honoring his service to Brazos County as the Agricultural Extension Agent. Consider and take action on agenda items 4 - 22: 4. Proclamation # 12 -017 proclaiming May 2012 as Older Americans Month and May 7 -11, 2012 as Senior Corps Week. D Item 4.odf The County Judge read aloud the Proclamation proclaiming May 2012 as Older Americans Month and urged every citizen to take time this month to engage with our older citizens through enjoyable social interactions such as sports, games, contests, and other forms of play, and for Brazos County to recognize RSVP - Senior Corps volunteers for their valuable impact on our communities. Mr. Al Cambell, representing the Area Council on Aging was present to accept the Proclamation. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann. 5. Proclamation # 12 -019 proclaiming April 2012 as Confederate History and Heritage Month. D Item 5.odf The County Judge read aloud the Proclamation and encouraged all residents to increase their knowledge of the history of Brazos County and the State of Texas and particularly of the role played by Confederate Veterans of all races and ethnic backgrounds in the history of our state and nation. Bill Boyd was present to receive the Proclamation and briefed the Court on activites over the last year. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 6. Proclamation # 12 -020 D Item 6.0df Honoring Danny & Margaret O'Quinn for their service to the community. The County Judge expressed the Court's gratitude to Danny and Margaret O'Quinn for their service to this community through their work at Still Creek Ranch. Their outreach services have reached children and families from all over the world giving them a hope and a future. The presentation of the Proclamation will be on Sunday. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 7. Proclamation # 12 -021 honoring Janette Hedge for her service to the community. 9 Item 7.odf The County Judge thanked Ms. Hedge for her service to the community. The Proclamation will be presented to the family this weekend. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , V01. 1 ( l pg k Wassermann . 8. Texas Division of Emergency Management 2009 Grant Adjustment Notice for the Homeland Security Grant Program (award #09 -GA- 48041 -04). 0 Item 8.odf The Homeland Security Grant for Emergency Management is in the amount of $187,980.56. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 9. Request from the Information Technology Department for approval of the installation of AiCMS and AiCS onsite for the Justice Software Project. D Item 9.ndf The AICMS Committee will receive an update from AMCAD next week. In the meantime they are running on schedule. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 10. Request from the Information Technology Department for approval of the 01 2012 Quarterly Performance Report for the Justice Software Project. 0 Item 10.odf A copy of the update is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 11. Consider and take action on a funding agreement with the Brazos Valley Veterans Memorial (BVVM). It is anticipated that the BVVM will use the funding to create a statute honoring those who served in the war of 1812. 9 Item 11.Ddf Brazos County will fund $5,000 in return the Brazos Valley Veteran's Memorial (BVVM) will provide a public art memorial for residents and non - residents of the County to have a dignified place of recognition for the service and sacrifices made while in the uniformed services of this great nation and provide an educational venue to teach our children about those sacrifices. Funding to come from Contingency funds. Commissioner Mallard feels this should come from private funds even though it is a good project. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 4 -1. Members voting Aye: Catalena , Cauley , Peters , Wassermann . Members voting Nay: Mallard . 12. Consider and take action on the acceptance of the Training Proposal with Data Clarity for training on report writing in the new version of Cognos. Funding to come from savings in this project. No additional funds needed. Item 12.odf Approved as submitted. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Vol. — p g . - --- Wassermann . 13. Request for approval of the Inter -local Agreement between Brazos County and the cities of Bryan and College Station in support of the 2012 Byrne Justice Assistance Grant (JAG) Program. 0 Item 13.odf Approved as submitted. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 14. Approval of requisition #00037843 to GovConnection for the purchase of a Fijitsu scanner in the amount of $864.38 using JP Technology Funds. D Item ia,odf Approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard, Peters , Wassermann . 15. Consider and take action on a cost saving Maintenance Agreement option for product and servicing of the pressure washer machine located at Road and Bridge shop. 0 Item 15.odf Approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 16. Request permission to enter private property owned by James Ramsey located on Macey Road for the purpose of removing any trees, brush or silt from drainage channel. Project will also reshape channel and re- construct water gap at McDonald Creek. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. D Item Modf Approved as submitted. Motion: Approve I Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 17. Request approval for the acceptance of Special Warranty Deed from Alex and Myrna Lopez for 0.32 acres of land to be used for improvements to Shirley Road located in Precinct 2. 9 Item 17.odf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 18. Tax Refund Applications for the following: Vol. I � I pg. 8 0 Item 18.odf • a. Corelogic Real Estate - overpayment - $334.06 • b. Transtar National Inc. - overpayment - $50.42 • c. Corelogic Real Estate - overpayment - $60.60 • d. Ocwen Loan Servicing LLC- overpayment - $36.01 • e. Ocwen Loan Servicing LLC- overpayment -$7.32 • f. Corelogic Real Estate - overpayment - $2901.18 • g. JHW Inc - overpayment - $4912.28 • h. Roscoe R. & Lynda C. Mason - overpayment - $23.91 • i. Corelogic Reas Estate - overpayment- 528.29 . j. National Closing Sollutions NCS- overpayment - $150.34 . k. Ocwen Loan Servicing LLC- overpayment - $288.23 . I. Carolyn or Leonard Waldon- overpayment -$6.96 . m. Stephanie Powell- overpayment - $79.83 Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 19. Commissioners Court minutes for the following dates: • a. April 3, 2012 - Regular Meeting • b. April 10, 2012 - Regular Meeting Approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard . Peters . Wassermann . 20. Budget Amendments. Budget Amendments FY 11/12 28.1 thru 28.4. Sol Item 20.odf 28.1 Transfer funds from General Fund Contingency to County Judge 28.2 Reallocate funds for County Attorney 28.3 Transfer funds from General Fund Contingency to Building Maintenance 28.4 Reallocate funds for Bryne Jusice Assistance -JAG Grant Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 21. Personnel Change of Status. Personnel Action Forms 0 Item 21.pdf Approved as submitted with the exception of Jacob McRae. A copy of the Personnel Change of Status Requests is attached. Motion: Approve w/ Conditions, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . Vol. 1 6 1 Pg. 9 22. Payment of Claims. 10 Claims SheeLOdf 0 BILL LIST 4.24.12.odf 7097319 through 7097570 23. Acknowledgement of the Brazos County Expo Second Quarter Sales &amp; Marketing Report. 9 Item 23.odf The Court acknowledged receipt of the 2011 -2012 Sales & Marketing Report Second Quarter- January through March from the EXPO Center. 24. Acknowledgement of the Brazos County Purchasing Department Update for the week of April 13 - 19, 2012. 0 Item 24.odf The Court acknowledged receipt of the Purchasing Department Weekly Update 25. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 559 inmates in jail, 74 have electronic monitors and 4 are pending for monitors. 26. Announcement of interest items and possible future agenda topics. Charles Wendt, Purchasing Agent announced that the part for the elevator is supposed to ship tomorrow. If so the elevator should be up and running soon. Commissioner Cauley announced that she will be in Washington DC with the V.G. Young Leadership Academy from April 28, 2012 through May 4, 2012. 27. Call for Citizen input and /or concerns. There was no citizen's input. 28. Adjourn. Vol. Pg. ' Z) The foregoing minutes of the Commissioners Court meeting held April 24, 2012 have been examined and are approved in open Court this day of 2012, in Bryan, Brazos County, Texas. Duane Peters Lloyd ssermann County Judge " y CaAlena. Commissioner, Precinct 2 Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 Commissioner, Attest: Karen McQueen n County Clerk Vol /(0/ Page / 1 J� T JwL " .4- EPIC / CAL> J ELL f?SUp- Sly Ca A YPt- A TP vi a c) ,4 AI, v\� - 04c\ A d v t Sov ' ) Cdr, - F 7 CC - .67xpo ( 2, , A f t r ,, �v ✓ ( , vl f aR' TT C�- S Vol. /�/ P �� l o �Z &I kv & n4f Vol. ______"1 -- Pg 0 — Z o�Z Proclamation Older Americans Month and RSVP Senior Corps Week 2012 WHEREAS The Brazos Valley Council of Governments Area Agency on Aging celebrates Older Americans Month each May and the Administration on Aging has issued the theme "Never Too Old To Play" which encourages older Americans to stay engaged and active and RSVP Senior Corps program hosts Senior Corps Week on May 7-11, 2012 recognizes that older Americans bring a lifetime of skills and experience as parents, workers, and citizens that can be tapped to meet challenges in our communities; and WHEREAS For 40 years Brazos Valley Council of Governments RSVP- Senior Corps has proven to he a highly effective way to engage Americans ages 55 and over in meeting community needs and the Brazos Vallev Area Agency on Aging is committed to helping all individuals maintain their health and independence in later life; and WHEREAS 243 Brazos County RSVP - Senior Corps volunteers last year provided 41,765 hours of service, worth more than $891 thousand, in helping to improve the lives of our most vulnerable citizens, distribute food to the hungry; provide independent living services, tutor children, help community organizations operate more efficiently and assist with disaster preparedness and response, and WHEREAS Service by older Americans helps volunteers by keeping them active, healthy, and engaged; helps our communities by solving local problems, and helps our nation by saving taxpayer dollars, reducing healthcare costs, and strengthening our democracy; and WHEREAS Our community can provide opportunities to enrich citizens young and old by: • Emphasizing the value of including elders in public and family life • Creating opportunities for older Americans to interact with people of different generations • Providing services, technologies, and support systems that allow older adults to participate in social activities in the community; and WHEREAS Older Americans Month and Senior Corps Week is an opportunity honor our seniors and to thank RSVP- Senior Corps volunteers for their service and recognize their impact and value to our communities and nation. NOW, THEREFORE, BE IT PROCLAIMED that 1. Duane Peters, Brazos County Judge, and the Brazos County Commissioners Court do hereby proclaim May 2012 to be Older Americans Month and designate May 7 -11, 2012 as Senior Corps Week in Brazos County and urge every citizen to take time this month to engage with our older citizens through enjoyable social interactions such as spans. games, contests. and other forms of play, and for Brazos County to recognize RSVP- Senior Corps volunteers for their valuable impact on our communities. PROCLAIMED this 24 day p h$012. ' c Duane Peter. County ludgi Cora ssioner Lloyd Wassermann Precinct 1 Commissioner I t y Mallard Precinct 12 -017 Vol. Pg•— L— Proclamation Confederate History and Heritage Month WHEREAS April is the month in which the Confederate States of American began and ended a four year struggle known as the War Between the States and 2012 marks the 151" anniversary of the beginning of the conflict; and WHEREAS The Stare of Texas having had declared itself to be a free and independent state subsequently joined the Confederate States of America from 1861 until 1865 contributing over 115,000 soldiers and sailors to the service of the Confederate States of America; and WHEREAS Texas and Brazos County are a collection of many cultures of diverse backgrounds =tied by a common history whose sons engaged in honorable and distinguished service for Texas and the Confederate States of American, among those being Irish born General Patrick R. Cleburne, former Hispanic Texas Ranger and Confederate General Santos Benavidez, Commander of the 33`' Texas Cavalry, black southerners and Brazos Counry residents Frank Sims and Henson Williams, Native American Confederate General Stand Waite and John Blount a Seminole Indian from Polk County; and WHEREAS Upon the conclusion of the war, many of these same citizen soldiers again became citizens who worked tirelessly to reunite and rebuild this county, and forge reconciliation; and WHEREAS Our recognition of Confederate history also recognized that slavery was one of the causes of the war, was ended by the war and thereby condemned; and WHEREAS We honor our past, draw courage, strength and wisdom from it in hopes of understanding who and what we are as we move forward into the future together, and WHEREAS The Sul Ross Camp #1457 of the Sons of Confederate Veterans and the Texas Division of Sons of Confederate Veterans are historical, patriotic and non-political organizations dedicated to ensuring that the true history of the 1861 -1865 period is preserved; and WHEREAS Confederate Memorial Day, April 26' has been celebrated in Brazos County for over 100 years to honor those devoted men and women who died for Texas, and to give thanks for their unselfish sacrifice so that future generations might live free and prosper; NOW, THEREFORE, BE IT PROCLAIMED, that we, the Brazos County Commissioners Court do hereby proclaim that April 2012 is "Confederate History and Heritage Month" in Brazos County, Texas, and encourage all residents to increase their knowledge of the history of Brazos County and the State of Texas, and particularly of the role played by Confederate Veterans of all races and ethnic backgrounds in the history of our state and nation. PROCLAIMED this 24 day of Duane Peters County Judge �i- Ltf�l -/x Comdtissioner Lloyd Wassermann Precinct I Commissioner t Precin 3 Vol. � � P9 Proclamation Honoring Danny & Margaret O'Quinn Whereas: Danny and Margaret O'Quinn moved to Bryan, TX in August of 1988 and have been the administrators of Still Creek Boys Ranch since that time; and Whereas: Still Creek Boys Ranch started with 4 buildings, most in need of repair, and now has 24 buildings, all literally built on the Word of God. In addition the ranch grew from 14 acres to 286 acres. Throughout 24 years, Danny and Margaret have faithfully waited on the Lord to increase their borders, without ever borrowing money for anything; and Whereas: Over 900 children, from Texas and around the world, have been provided a Christ centered, safe, and most of all, loving home when they were abandoned by their parents, families and society. These children have been given the structure, discipline and education to become happy, productive, independent adults. They have been given a hope and a future; and Whereas: Danny and Margaret started with a one room school and .7 boys, and they have developed a Christian school attended by 77 students, offering 11 classrooms, a gym, offices and a horse program with covered arena; and Whereas: Countless staff members, all arriving for duty knowing Jesus Christ, then truly found the love of The Father at Still Creek Boys Ranch. Danny and Margaret have not only profoundly affected the children, but they have ministered to all who came to the ranch; and Whereas: Danny and Margaret know that when you give, it will be given to you in abundance. Homeless, hungry and desperate young mothers, widows, and families of the Brazos Valley have found their way to Still Creek Ranch where they have been fed, clothed and most importantly had their broken spirits mended; and Whereas: Every Still Creek child will remember and treasure the gentle hugs from Danny and the time spent talking to Margaret, when only she seemed to be able to calm their fears and fade those nightmares of the past; and Whereas: Danny and Margaret are retiring from their administrative duties at Still Creek Boys Ranch, but they are moving to New Mexico to begin a new child centered ministry, still faithfully following and serving their Lord, Jesus Christ. Now Therefore, Be it Proclaimed, that the Commissioners Court of Brazos County. Texas wishes to express its appreciation and gratitude to Danny and Margaret O'Quinn for their service to this community through their work at Still Creek Ranch. Their outreach services have reached children and families from all over the world giving them a hope and a future. Proclaimed this 24'" day of� ' --. Duane Peters County Judge Commissioner Lloyd Wassermann issi er Sammy C: Precinct 1 Commissioner C y Mallard , ommt sioner a Cg Prectn J A 12-020 Vol. '/10/ Proclamation Honoring Janette Hedge WHEREAS Janette Hedge was born on April 15, 1933, the oldest of 9 children bom to late Hattie Gafford Robinson Ellison and late John Gafford; and WHEREAS Janette Hedge graduated from E.A. Kemp High School class of 1951; and WHEREAS Janette Hedge is the mother to late Charles Druery, late James Clifton Hedge, Katheryne D. Warren, Linda Gilbert, Ruth Holden; and Darrell Druery; and WHEREAS Janette Hedge. is the proud grandmother of eleven grandchildren; and WHEREAS Janette Hedge is very active in the community having served on the executive board of Habitat for Humanity and volunteering at the Bush Library; and WHEREAS Janette Hedge also volunteers with reading programs at Neal Elementary, Mary Branch Elementary, African American Museum, and Bethune Women Club; and WHEREAS Janette Hedge has been an honoree at the African Museum Banquet and for You're Tops at the Pre -natal Clinic. Luncheon; NOW, THEREFORE, BE IT PROCLAIMED, the Commissioners Court of Brazos County, Texas wishes to express its appreciation and gratitude to Janette Hedge for her positive involvement in the community. PROCLAIMED this 24 day of i tlnann Petrrs County Judge Commissfoner Lloyd Wassermann Precinct 1 Comm issi a Kenny Maly Pre' nct 3 12 -018 Vol. Pg. 17 OF E i X �T and Date of Award April 12, 2012 Texas Department of Public Safety 2009 Grant Adjustment Notice for Brazos County 2. Prepared by: Jenkins, Shane 13. SAA Award Number: 09 -GA 40041 -04 4. Federal Grant Information Judge Duane Peters Brazos County 200 South Texas Ave., Suite 332 Bryan, TX 77803 S. Total Award Amount $187,980.56 Federal Grant Tide: Homeland Security Grant Progi Federal Grant Award Number: 2009 -SS -T9 -0064 Date Federal Grant Awarded to TxDPS: August 1, 2009 SHSP Department of Homeland Security Federal Granting Agency: FEMA CCP Grant Programs Directorate Award Amount and Grant Breakdowns Note: Additional Budget Sheets (Attachment A): ❑ Yes 1:1 No This a wa r d supersedes all previous awards. Performance Period: Aug 1, 2009 to May 15, 2012 6, Statutory Authority for Grant: This project is supported under Consolidated Security, Disaster Assistance and Continuing Appropriations Act. 2009 Public taw No. 110 -329. 7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of invoices. B. Debarment /Suspension Certification: The Sub- Reclpant certifies that the subgrantee and its' contractors /vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http: / /www.epls.gov. 9. Agency Approval Approving TxDPS Official: I Signature of TxDPS Official: Machelle Pharr, Deputy Assistant Director State Administrative Agency Texas Department of Public Safety t �4 ir� 10. Sub- Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub - Recipient official: Signature of Sub -R fiicial: �� hers �ra2c� Co�n�j Judos 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 12. Date Signed qt;- (o000433 4 -a4 -1c� 13. DUE DATE: LUMMUM Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date. Vol. I pg. , F SHSP SHSP -LEAP UASI UASI -LEAP CCP MMRS 9 50000 6 9 50.00 7. 9 f0.00 9 fo. 3]]3,95].00 310,023.56 D This a wa r d supersedes all previous awards. Performance Period: Aug 1, 2009 to May 15, 2012 6, Statutory Authority for Grant: This project is supported under Consolidated Security, Disaster Assistance and Continuing Appropriations Act. 2009 Public taw No. 110 -329. 7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of invoices. B. Debarment /Suspension Certification: The Sub- Reclpant certifies that the subgrantee and its' contractors /vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http: / /www.epls.gov. 9. Agency Approval Approving TxDPS Official: I Signature of TxDPS Official: Machelle Pharr, Deputy Assistant Director State Administrative Agency Texas Department of Public Safety t �4 ir� 10. Sub- Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub - Recipient official: Signature of Sub -R fiicial: �� hers �ra2c� Co�n�j Judos 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 12. Date Signed qt;- (o000433 4 -a4 -1c� 13. DUE DATE: LUMMUM Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date. Vol. I pg. , F 2009 TERMS AND CONDITIONS Homeland Security Grant Program (HSGP) FY 2009 HSGP is comprised of four separate grant programs: • State Homeland Security Program (SHSP) • Urban Areas Security Initiative (UASI) • Metropolitan Medical Response System (MMRS) • Citizen Coms Program (CCP) Parties to Sub - recipient Agreement This Sub - recipient agreement is made and entered into by and between the Texas Division of Emergency Management/State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "TDEM," and the funds recipient, hereinafter referred to as the "Sub- recipient.' Furthermore, TDEM and the Sub- recipient are collectively hereinafter referred to as the "Parties.' By this Sub - recipient agreement's execution, the Parties have 'severally and collectively agreed to be bound to the mutual obligations and to the performance and accomplishment of the tasks described in this Sub - recipient agreement. The Sub-recipient Agreement is only an offer until the Sub - recipient returns the signed copy of the 2009 Sub - recipient Agreement in accordance with the date provided in the transmittal letter and in the agreement. The Sub - recipient must also certify to the statements provided in Exhibits B and C by signing and . returning a copy of these documents with the Sub - recipient Agreement. Overview, Special Conditions and Performance Standards A. Overview. State Homeland Security Grant (SHSP) The State Homeland Security Program (SHSP) is acore assistance program that provides funds to build capabilities at the State and local levels and to implement the goals and objectives included in State Homeland Security Strategies and initiatives in the State Preparedness Report. SHSP supports the implementation of State Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts of terrorism and other catastrophic events. In addition, SHSP supports the implementation of the National Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response Framework (NRF). Urban Areas Security Initiative (UASI) Urban Areas Security Initiative (UASI) program funds address the unique planning, organization, equipment, training, and exercise needs of high - threat, high - density Urban Areas, and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. Metropolitan Medical Response System (MMRS) The MMRS program supports the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard. MMRS Grantees will reduce the consequences of a mass casualty incident during the initial period of a response by having augmented existing local operational response systems before the incident occurs. Citizen Corps Program (CCP) The Citizen Corps mission is to bring community and government leaders together to coordinate the involvement of community members and organizations in emergency preparedness, planning, mitigation, response, and recovery. Vol. / & Pg. I B. Special Conditions SHSP Activities implemented under SHSP must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, or response to, and recovery from terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Grantees must demonstrate this dual -use quality for any activities implemented under this program that are not explicitly focused on terrorism preparedness. The recipient may only fund projects that were included in the FY 2009 State Investment Justifications which were submitted and approved by DHS/FEMA Use of SHSP funds must be consistent with and supportive of implementation of the State Homeland Security Strategy and State Preparedness Report. Linkages between specific projects undertaken with SHSP funds and strategic goals and objectives will be highlighted through regular mechanisms, including the Biannual Strategy Implementation Report (BSIR) As defined in the FY 2009 grant guidance, the FY 2009 SHSP will focus on two objectives as the highest priorities. These two objectives are: 1. National Priority: Strengthen Information Sharing and Collaboration Capabilities — Maximizing Information Sharing via the National Network of Fusion Centers; 2. National Priority: Strengthen Medical Surge and Mass Prophylaxis — Developing and Enhancing Health and Medical Readiness and Preparedness Capabilities. These two priorities are in addition to the priorities for all programs under the Homeland Security Grant Program and, if applicable, the Law Enforcement Terrorism Prevention Activities Priorities. A personnel rap of up to 50% of total program funds may be used for personnel and personnel - related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110412). In general, the use of Homeland Security Grant Program grant funding to pay for staff and /or contractor regular time or overtime/backfill is considered a personnel cost. Since a separate LETPP grant program for Law Enforcement Terrorism Prevention Activities was not created for FY 2009, the State is required to ensure that local and state sub -grantees expend at least 25 percent of their SHSP award funds towards law enforcement terrorism prevention- oriented planning, organization, training, exercise, and equipment activities. UASI Allocations and use of grant funding must support and be coordinated with the goals and objectives included in the State and/or Urban Area Homeland Security Strategies. The recipient may only fund projects that were included in the FY 2009 Urban Area Investment Justifications which were submitted and approved by DHS /FEMA. The recipient agrees that funds utilized to establish or enhance designated state and Urban Area fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council.(HSAC) Fusion Center Guidelines and the National Strategy for Information Sharing, and achievement of a baseline level of capability as defined by Global's Baseline Capabilities for State and Major Urban Area Fusion Centers, a supplement to the Fusion Center Guidelines, located at httl) The recipient agrees to fund any multi -state or multi -urban area Investments that were included in the FY2009 Investment Justification that was submitted to GPD and received a bonus in the effectiveness analysis. A personnel cap of up to 50% of total program funds may be used for personnel and personnel- related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110.412). In general, the use of Homeland Security Grant Program grant funding to pay for staff and /or contractor regular time or overtimetbackfill is considered a personnel cost. MMRS MMRS is a local grant which will require each MMRS Jurisdiction establish a single Point of Contact (POC) who will serve as the responsible contact for MMRS implementation, activities, and procurement for the jurisdiction as lead and in coordination with a Jurisdictional MMRS Steering Committee. The POC and MMRS Steering Committee will integrate local emergency management, health and medical systems with their Federal and State counterparts through a locally established multi- agency, collaborative planning framework; promote regional coordination of mutual aid with neighboring localities; regularly validate the jurisdictions local emergency response capability to a mass casualty incident by means of an exercise or other validation means; collaborate with local, regional, and State health and medical partners, such as Medical Reserve Corps Units and Citizen Corps Councils, as well as leverage other Vol. ! Pg. a D Federal programs, such as the U.S. Department of Health and Human Services Assistant Secretary for Preparedness and Response (DHHS -ASPR) Hospital Preparedness Program and Emergency Systems for Advance Registration of Volunteer Health Professionals (ESAR -VHP), Center for Disease Control and Prevention Cities Readiness Initiative and Strategic National Stockpile, to coordinate and support plans, processes and strategies related to, but limited to: Continuity of Government; Continuity of Operations; Equipment and Supplies Procurement, Fatality Management; Forward Movement of Patients; Hospital Evacuaticn;.lnteroperable Communications; Patient Tracking; Pharmaceutical and Medical Supply Management and Distribution; Public Education; Outreach and Information; Recruiting Volunteers; and Training; ensure the "MMRS Leadership" is fully represented on the Urban Area Working Group in cases where a MMRS grant is awarded and a UASI program exists; ensure all neighboring MMRS subgrantees actively and demonstratively collaborate to develop a regional plan that supports the MMRS mission in that region in cases where MMRS subgrantees are located adjacent to one another and implement an Investment Justification that Beady identifies the size of the populations included in the planning and operational areas supported by the MMRS grant. The Metropolitan Medical Response System (MMRS) provides funds to build capabilities at the State and local levels to implement the goals and objectives included in State Homeland Security Strategies and initiatives in the State Preparedness Report. MMRS supports the implementation of State Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts of terrorism and other catastrophic events. In addition, MMRS supports the implementation of the National Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response Framework (NRF). Activities implemented under MMRS must support terrorism preparedness by building or enhancing capabilities that relate to the prevention of, protection from, or response to, and recovery from terrorism in order to be considered eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for other hazards. Grantees must demonstrate this dual -use quality for any activities implemented under this program that are not explicitly focused on terrorism preparedness. Use of MMRS funds must be consistent with and supportive of implementation of the State Homeland Security Strategy and State Preparedness Report. Linkages between specific projects undertaken with MMRS funds and strategic goals and objectives will be highlighted through regular mechanisms, including the Biannual Strategy Implementation Report (BSIR) As defined in the FY 2009 grant guidance, the FY 2009 MMRS will focus on two objectives as the highest priorities. These two objectives are: 1. National Priority: Strengthen Information Sharing and Collaboration Capabilities — Maximizing Information Sharing via the National Network of Fusion Centers; 2. National Priority: Strengthen Medical Surge and Mass Prophylaxis — Developing and Enhancing Health and Medical Readiness and Preparedness Capabilities. These two priorities are in addition to the priorities for all programs under the Homeland Security Grant Program and, if applicable, the Law Enforcement Terrorism Prevention Activities Priorities. CCP The sub - recipient must register their Citizen Corps Council on the Citizen Corps website htto: /lwww.citizencorps.goy and manage their program and information on the site. Citizen Corps Councils must include representatives of emergency management, homeland security, law enforcement, fire service, medical services /public health or their designee, elected officials, the private sector, private non - profits, ncn-govemmental organizations and advocacy groups for special needs populations. In addition, representatives from existing Citizen Corps programs, such as Volunteers in Police Service (YIPS), Medical Reserve Corps (MRC), Community Emergency Response Team (CERT), Neighborhood Watch, and Fire Corps should be included on the Citizen Corps Council. Where applicable, a Metropolitan Medical Response System representative should also be included on the Citizen Corps Council. All allocations and use of funds under this grant must be In accordance with the FY 2009 HSGP Guidelines and Application Kit found at - http: /lwww.fema.povl government /granVhsoolindex.shtm All award Sub - recipients are required to have read, understood and accepted the FY 2009 HSGP Guidance and Application Kit as binding. C. Standard of Performance. The Sub- recipient shall perform all activities and projects entered into the SAA web - based grants management system approved by its Council of Governments (COG) and by the State Administrative Agency (SAA). The Sub - recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Sub - recipient agreement and the: 1. Applicable Laws and Regulations, hereinafter referred to as 'Exhibit A "; 2. Certifications, hereinafter referred to as "Exhibit B'; and Vol. I W Pg. 02 3. Certification Regarding Lobbying for Sub - recipient Agreements, Grants, Loans, and Cooperative Agreements, hereinafter referred to as 'Exhibit C'. D. Failure to Perform. In the event the Sub - recipient fails to implement the project(s) entered into The SAA web -based grants management system, or comply with any of this Sub- recipient agreement's provisions, in addition to the remedies specified in this Sub - recipient agreement, the Sub - recipient is liable to TDEM for an amount not to exceed the award amount of this Sub - recipient agreement and may be barred from applying for or receiving additional DHSIFEMA grant program funds or any other federal program funds administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved. TDEM Obligations A. Measure of Liability TDEM shall be liable for actual and reasonable costs incurred by the Sub - recipient during the Sub - recipient agreement period for performances rendered under this Sub - recipient agreement by the Sub - recipient, subject to the limitations set forth in this Section. TDEM shall not be liable to the Sub - recipient for any costs incurred by the Sub - recipient that are not allowable costs. B. Sub - recioient Agreement Funds Defined and Limit of Liability The term "Sub- recipient agreement funds as used in this Sub - recipient agreement means funds provided by TDEM under the DHSIFEMA grant programs. The term "Sub - recipient's funds" or match funds as used in this Sub - recipient agreement means funds provided by the Sub - recipient Notwithstanding any other provision of this Sub - recipient agreement, the total of all payments and other obligations incurred by TDEM under this Sub - recipient agreement shall not exceed the Total Award Amount listed on the cover page of the Sub - recipient agreement. C. Excess Payments The Sub- recipient shall refund to TDEM any sum of Sub - recipient agreement funds that has been paid to the Sub- recipient by TDEM or that TDEM determines has resulted in overpayment to the Sub - recipient that TDEM determines has not been spent by the Sub-recipient in accordance with this Sub - recipient agreement. No refund payment(s) may be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub - recipient shall make such refund to TDEM within thirty (30) days after TDEM requests such refund. Suspension Notwithstanding the provisions of Chapter 2251, Texas Government Code, in the event the Sub - recipient fails to comply with any of this Sub - recipient Agreement's terms, TDEM may, upon written notification to the Sub- recipient, suspend this Sub - recipient agreement in whole or in part, withhold payments to the Sub - recipient and prohibit the Sub - recipient from incurring additional obligations of Sub- recipient agreement funds. Termination A. TDEM's Right to Terminate TDEM shall have the right to terminate this Sub- recipient agreement, in whole or in part, at any time before the end of the Performance Period, whenever TDEM determines that the Sub - recipient has failed to comply with any of this Sub - recipient agreement's terms. TDEM shall notify the Sub - recipient in writing prior to the thirtieth (30'") day preceding the termination of such determination and include; 1. the reasons for such termination; 2. the effective date of such termination; and 3. in the case of partial termination, the portion of the Sub - recipient agreement to be terminated. B. Parties' Right to Terminate In addition to TDEM's right to terminate specified in Subsection A of this section, both Parties shall have the right to terminate this Sub - recipient agreement, in whole or in part, when the Parties agree that the continuation of the activities funded under this Sub - recipient agreementwould not produce beneficial results commensurate with the further expenditure of Sub - recipient agreement funds. The Parties shall agree, in writing, upon the termination conditions, including the effective date of termination and in the case of partial termination, the portion of the Sub - recipient agreement to be terminated. Conflict of Interest The Sub- recipient shall operate in a manner to avoid any potential conflict of interest, real or apparent, and comply with the related requirements of the Uniform Grant Management Standards (UGMS). A. Financial Interest Prohibited A conflict of interest may arise when the employee, officer or agent: any member of his or her immediate family; his or her partner; or, any organization that employs, or is about to employ any of the above, has a financial or other interest in the firth or person selected to perform a subcontract pursuant to this Sub - recipient agreement. The Sub - recipient shall ensure that no employee, officer, or agent of the Sub - recipient shall participate in the Vol. I to / Pg. selection, in the award or administration of a subcontract supported by Sub - recipient agreement funds pursuant to this Sub - recipient agreement and comply with Chapter 171, Texas Local Government Code. B. Other Prohibited Interests In all cases not governed by Subsection .A of this Section and except for eligible administrative or personnel costs, no person who is an employee, agent, consultant, officer, elected official, appointed official of the Sub-recipient or of a subcontractor of the Sub - recipient who exercises or have exercised any functions or responsibilities with respect to the activities assisted under this Sub - recipient agreement or any other DHS /FEMA Sub- recipient agreement who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, have an interest in or benefit from the activity or have any interest in any Sub - recipient agreement, subcontract or agreement with respect to the activities or the proceeds either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. C. Inclusion in Subcontracts The Sub - recipient shall include the substance of this Section in all subcontracts. Monitoring TDEM reserves the right to perform periodic office-based and /or on -site monitoring of the Sub- recipienfs compliance with this Sub- recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub - recipient's performance pursuant to this Sub-recipient agreement. After each monitoring visit, TDEM shall provide the Sub - recipient with a written report of the monitors findings. If the monitoring report notes deficiencies in the Sub - recipient's performance under this Sub - recipient agreement's terms, the monitoring report shall include requirements for the timely correction of such deficiencies by the Sub - recipient. Failure by the Sub - recipient to take action specified in the monitoring report may be cause for this Sub - recipient agreement's suspension or termination pursuant to the Suspension and /or Termination Sections above. Audit A. Audit of Federal and State Funds The Sub - recipient shall arrange for the performance of an annual financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient agreement as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub-recipient will also comply, as applicable, with Texas Government Code, Chapter 783, 1 TAG 5,141.et,seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements. B. TDEM's Right to Audit Notwithstanding Subsection A of this Section, TDEM reserves the right to conduct a financial and compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub - recipient agreement. The Sub - recipient agrees to permit TDEM or its authorized representative to audit the Sub - recipient's records and to obtain any documents, materials or information necessary to facilitate such audit. C. Sub - recipient's Uability for Disallowed Costs The Sub - recipient understands and agrees that it shall be liable to TDEM for any costs disallowed pursuant to financial and compliance audit(s) of Sub - recipient agreement funds. The Sub - recipient further understands and agrees that reimbursement to TDEM of such disallowed costs shall be paid by the Sub - recipient from funds that were not provided or otherwise made available to the Sub - recipient pursuant to this Sub-recipient agreement or any other federal contract. D. Sub - recipient's Facilitation of Audit The Sub- recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM may require of the Sub - recipient. The Sub - recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub - recipient and the requirement to cooperate is included in any subcontract it awards. Reimbursement Sub - recipient agrees to make no request for reimbursement prior to return of this agreement signed by the authorized Sub - recipient representative. Sub-recipient also agrees to make no request for reimbursement for goods or services procured by Sub - recipient prior to the performance period start date of this agreement. A. Request for Advance or Reimbursement The Sub-recipient shall submit to TDEM, a properly completed Local Purchase Submission Cover Sheet as often as actually needed. TDEM retains the authority to approve or deny amount requested and shall not make disbursement of any such payment until TDEM has reviewed and approved such a request. The Local Purchase Submission Cover Sheet shall be supported by documentation as required by the SAA, currently referenced on the SAA web -based grants management system, and may be revised in subsequent policy updates. B. Request for Advance Funds and Transfer of Funds The Sub-recipients requests for an advance of Sub-recipient agreement funds shall be limited to the minimum amounts needed for effective operation of their project(s) under this Sub - recipient agreement and shall be timed as closely as possible to be in accord with actual cash requirements. The Vol. /(V Pg. Sub - recipient shall establish procedures to minimize the time elapsing between the transfer of funds from TDEM to the Sub - recipient and shall ensure that such funds are disbursed within fifteen (15) days unless extenuating circumstances can be documented. C. Payment Contingent Notwithstanding the provisions of Subsection A of this Section, payments under this Sub - recipient agreement are contingent upon the Sub - recipient's performance of its contractual obligations. D. Source Documentation Requirement: Sub - recipients must provide proof of payment documentation with all reimbursement requests submitted for processing. The following is a list of acceptable proof of payment documents: • Copy of cancelled check • Screen print of General Ledger account showing funds have been encumbered • Credit Card Statement showing purchase of the items • Payroll journal for individuals showing rate of pay and hours worked • Copy of invoice stamped 'paid" with the date, vendor initials and check number for reference National Incident Management System (NIMS) and the Incident Command System (ICS) Sub - recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. NIMS compliance for 2009 must be achieved by completing required actions outlined by FEMA and TDEM. For a more detailed description of these requirements, as well as other NIMS implementation requirements, see htto. //www.fema. aov/ emeraencv /nims/CurrentYearGuidance. shtm NIMSCAST Requirements To be eligible to receive FY 2009 DHS funding, local primary jurisdictions and tribes must have achieved 100% compliance with the FY 2008 NIMS compliance objectives and metrics in the NIMSCAST by January 30, 2009. All State and territory grantees were required to submit their compliance assessment As the NIMSCAST by September 30, 2008 in order to be eligible for FY 2009 preparedness programs. Additional information on achieving NIMS compliance is available through the FEMA National Integration Center (NIC) Incident Management Systems Integration (IMSI) Division at http 1Ah v.fema.aov /emeraencv /nimsr Other Requirements A. During the performance period of this grant, Sub - recipients must maintain an emergency management plan at the Intermediate Level of planning preparedness orhigher, as prescribed by TDEM. This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter - jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in the Sub - recipient's plan, Sub - recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM. B. Projects identified in the SAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of the grant C. During the performance period of this grant, Sub - recipient agrees that it will participate in a legally-adopted county and /or regional mutual aid agreement. D. During the performance period, the Sub - recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams /response units equipped and /or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. E. Sub- recipients must submit Fiscal Year 2009 Indirect Cost Allocation Plan signed by Cognizant Agency. Plan should be forwarded to the SAA along with the Planning and Administration Grant Budget Form. F. Council of Governments (COG) will follow guidelines listed in the SAA FY 09 COG Statement of Work. H. The State's 24 planning regions are voluntary associations of local governments organized pursuant to state law as regional planning commissions, councils of government, development councils, and area councils. It is recognized that d Vol. Pg one of the major functions of state planning regions as homeland security grant Sub - recipients is to perform a wide variety of planning and some program administration for both their region and on behalf of the cities and counties within the region that may also be homeland security grant Sub-recipients- Closing the Grant A. The Sub- recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the end of the performance period listed on the sub - recipient agreement. B. TDEMISAA will close a sub -award after receiving Sub - recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub - recipient is owed additional funds, TDEM /SAA will send the final payment automatically to the Sub - recipient. If the Sub - recipient did not use all the funds received. TDEM /SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. C. TDEM/SAA will unilaterally close out this grant if sub - recipient does not reconcile account and sign closeout GAN by the 60th day after the sub - recipient performance period ends. Restrictions, Disclaimers and Notices A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by TDEM /SAA prior to obligation or expenditure of such funds. U.S.. Department of Justice Financial Guide (Part III Chapter 15) http// www.oip.usdoi.00vKnancialauide/ B. In cases where local funding is established by COGS, release of funds by TDEM is contingent upon regional funding allocation approval by the Sub - recipient's COG governing board. C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that TDEM'sobligations under this agreement are contingent upon the receipt of adequate funds to meet TDEM's liabilities hereunder. TDEM shall not be liable to the Sub - recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub - recipient Award. D. Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following business day. Chief Division of Emergency Management State Administrative Agency PO Box 4087 Austin. TX 78773 -0220 Uniform Administrative Requirements, Cost Principals and Audit Requirements Except as specifically modified by law or this Sub- recipient agreement's provisions, the Sub - recipient shall administer the award through compliance with all applicable Laws and Regulations. A non-exclusive list is provided below A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (OMB Circular A -110). B. Cost Principles 1. 2C.F.R. Part 225, Cost Principles for State, Local and Tribal Governments (OMB Circular A-87) 2. 2C.F.R. Part 220, Cost Principals for Education Institutions (OMB Circular A-21) 3. 2C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A -122) 4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations Vol. i t ef Pg- C. Audit Requirements —OMB Circular A -133, Audits of States, Local Governments and Non -Profit Organizations Retention and Accessibility of Records A. Retention of Records The Sub - recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub- recipient agreement funds pursuant to the applicable OMB Circular and this Sub - recipient agreement The Sub - recipient shall retain these records and any supporting documentation for the greater of three (3) years from the completion of this project's public objective, including program requirements and financial obligations, or the period of time required by other applicable laws and regulations as described in Exhibit A. B. Access to Records The Sub - recipient shall give the United States Department of Homeland Security (DHS) the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub - recipient pertaining to this Sub - recipient agreement including records concerning the past use of DHS /FEMA funds. Such rights to access shall continue as long as the records are retained by the Sub - recipient. The Sub - recipient agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act, Chapter 552, Texas Government Code. C. Inclusion in Subcontracts The Sub - recipient shall include the substance of this Section in all subcontracts. Subcontracts A. TDEM's Approval of Subcontract and Liability The Sub - recipient may subcontract for performances described in this Sub - recipient agreement without obtaining TDEM's prior written approval. B. Sub - recipient Liability In no event shall any provision of this Section be construed as relieving the Sub - recipient of the responsibility for ensuring that the performances rendered under all subcontracts comply with all of this Sub - recipient agreement's terms as if such performances rendered were rendered by the Sub - recipient TDEM's approval under this Section does not constitute adoption, ratification or acceptance of the Sub - recipient's or a subcontractor's performance. C. Applicable Law The Sub - recipient shall comply with 44 C.F.R. § 13.1 -13.52 and all applicable federal and state laws outlined in Exhibit A and local laws, regulations and ordinances related to making procurements under this Sub - recipient agreement. Legal Authority A. Signatory Authority The Sub - recipient assures and guarantees that the Sub - recipient possesses the legal authority to enter into this Sub - recipient agreement, receive Sub - recipient agreement funds and to perform the services the Sub - recipient has obligated itself to perform pursuant to this Sub - recipient agreement. B. Authorized Representative The person or persons signing and executing this Sub - recipient agreement on the Sub - recipient's behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub - recipient to execute this Sub - recipient agreement on the Sub - recipient's behalf and to validly and legally bind the Sub - recipient to all contractual terms, performances and provisions. Notice of Litigation and Claims The Sub - recipient shall give TDEM immediate notice in writing of'. 1. any action, incuding any proceeding before an administrative agency, filed against the Sub - recipient arising out the performance of any subcontract under this Sub - recipient agreement, and 2. any claim against the Sub - recipient, the cost and expense of which the Sub - recipient may be entitled to be reimbursed by DHS /FEMA grant programs. Except as otherwise directed by TDEM, the Sub - recipient shall furnish immediately to TDEM copies of all documentation received by the Sub - recipient with respect to such action or claim. Indemnification To the extent permitted by law, the Sub - recipient agrees to hold TDEM harmless and to indemnity TDEM from and against any and all claims, demands and causes of action of every kind and character that may be asserted by any party occurring or in any way incident to, arising out of or in connection with the services to be performed by the Sub - recipient pursuant to this Sub - recipient agreement. VOL- a te Pg Changes and Amendments A. Written Amendment Except as specifically provided otherwise in this Sub - recipient agreement, any alterations, additions or deletions to this Sub - recipient agreement's terms shall be made through Grant Adjustment Notices generated by the SAA web -based grants management system and executed by the Parties. B. Authority to Amend During the period of this Sub- recipient agreement's performance TDEM and /or FEMA may issue policy directives that serve to establish, interpret or clarify this Sub - recipient agreement's performance requirements. Such policy directives shall be promulgated by TDEM or FEMA in the form of Information Bulletins and shall have the effect of qualifying this Sub - recipient agreement's terms and shall be binding upon the Sub - recipient as if written in the Sub - recipient agreement. C. Effect of Chances in Federal and State Laws Any alterations, additions, or deletions to this Sub - recipient agreement's terms that are required by the changes in federal and state laws or regulations are automatically incorporated Into this Sub - recipient agreement without written amendment to this Sub - recipient agreement and shall become effective on the date designated by such law or regulation. Federal Emergency Management Agency (FEMA) periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers. FEMA's National Preparedness Directorate Information Bulletins can be accessed at http,l Ayww. oio. usdoi .cov/odp/docs/buitatins.htm and are incorporated by reference into this sub - grant. Headings Headings and captions of this Sub- recipient agreement's sections and paragraphs are only for convenience and reference. These headings and captions shall not affect or modify this Sub - recipient agreement's terms or be used to interpret or assist in the construction of this Sub - recipient agreement. Oral and Written Agreements A. Prior Agreements All oral and written agreements between the Parties relating to this Sub - recipient agreement's subject matter that were made prior to Date of Execution have been reduced to writing and are contained in this Sub - recipient agreement. B. Exhibits, The exhibits enumerated and denominated in the agreement are hereby made a. part of this Sub - recipient agreement and constitute promised performances by the Sub - recipient in accordance with the Sub - recipient agreement and the Exhibits. C. Commissioner's Signature This Sub - recipient agreement is not effective unless signed by the Chief of TDEM or by his authorized designee. Waiver Any right or remedy provided for in this Sub - recipient agreement provision shall not preclude the exercise of any other right or remedy under this Sub - recipient agreement or under any provision of law, nor shall any action taken or failure to take action in the exercise of any right or remedy be deemed a waiver of any other rights or remedies at any time. Venue For purposes of litigation pursuant to this Sub - recipient agreement, venue shall lie in Travis County, Texas, and be governed by Texas Statute. Vol. Pg -� EXHIBIT A THE APPLICABLE LAWS AND REGULATIONS The Sub - recipient shall comply with OMB Circular A -21, A -87, A -102, A -110, A -122, A -133; Ex. Order 12372 (intergovernmental review of federal programs); and 44 C.F.R, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Sub - recipients shall also comply with 2C.F.R. Part 215, Institutions of Higher Education, Hospitals and Other Non -Profit Organizations, 2C.F.R. Parts 225, State and Loral Governments, Part 220, Educational Institutions; and Part 230, Non -Profit Organizations. Compliance with Federal Acquisition Regulation Sub -part 31 .2, Contracts with Commercial organizations is required. Sub- recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub - recipient agreement's activities and performances rendered by the Sub-recipient including but not limited to the laws and the regulations promulgated hereunder and specified in State Administrative Agency Information Bulletins, Texas Uniform Grants Management Standards (UGMS) and Paragraph A through M of this Exhibit A. CIVIL RIGHTS - Title VI of the Civil Rights Act of 1964, as amended. (42 U:S.C. § 2000d at seq.); (44 C.F.R. 7.1) B. HANDICAP AND ARCHITECTURAL BARRIERS - Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); (44 C.F.R. 16.101) �u The Sub - recipient shall ensure that the plans and specifications for traction of, improvements to, or the renovation of buildings, related to this project have been received by the Texas Department of Licensing and Regulation (TDLR) concerning the elimination of architectural barriers encountered by persons with disabilities as specified in Chapter 469, Texas Government Code. http:// w . statutes- legis.state.tx.usplink =GV C. ENVIRONMENTAL LAW AND AUTHORITIES -In accordance with the provisions of law cited in 44 C.F.R. § 10.8, the responsible entity shall assume the environmental responsibilities for projects under programs cited in §10.1, and in doing so shall comply with the provisions of the National Environmental Policy Act of 1969, as amended and the Council on Environmental Quality regulations contained in 40 C.F.R. parts 1500 through 1508. http7Avww access goo gov/naralcfrAvaisidx 07140cfr1501 07 html (44 C.F.R. 10.1) hftp:/ /edocket access goo cov/cfr 20071ocfgtr144cfr10 1 htm D. LABOR STANDARDS - The Davis -Bacon Act, as amended (40 U.S.C. § 3142) htlp //uscode house gov/uscode- co0astweb exe9oetdoc +uscview +t37t40 +1723 +1 + +%28 %29 %20 %20A The Contract Work Hours & Safety Standards Act (40 U.S.C.§ 3702) http : / /Uscade house govluscode- cgOastweb exe ?oetdoc +uscview +t37t40 +1765 +1 + + %28 %29 %20 %20A The Copeland "Anti- Kickback" Act (18 U.S.C. § 874) hltp Yluscode house govluscode- cgilfastweb exevgetdoc+ uscview +tl7t20 +511 +0 + + %28 %29 %20 %20AN E. FREEDOM OF INFORMATION ACT— (5 U.S.C. 552); (44 C.F.R. 5.1) hup //edocket access ono govlcfr 2Q071octgtr 144cfr5 1 htm ; hrtp /' scode h e ro tuscod - gilfastweb exeaeeidoc uscview +t05tO8- 16 +0 + + %28information% F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 — If the Sub - recipient is a governmental entity, it must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §4601 at seq.), which govern the treatment of persons displaced as a result of federal and federally- assisted programs; and (Federal Assurance) - (42 U.S.C. 4601); (44 C.F.R. 25.1) G. FAITH -BASED ACTIVITIES - Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith - Based and Community Organizations, (67 Fed. Reg. 77141) http :/ /edocket access gpo covl2002/pdf102 -31831 odf H. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND THE INCIDENT COMMAND SYSTEM (ICS) Sub - Recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident Command System (ICS) at the local level. http :lAvww.fema.govlemergencv/nims t0 Vol. __! (0-1__ Pg. C �? I. PROGRAM INCOME - If a Sub - recipient is approved for an advance, the funds must be deposited in a separate interest bearing account and are subject to the rules outlined in the Uniform Rule 28C.F.R. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at hitpYAvww access apo aov/nara/cfrAvaisidx 03/28cfr66 03.htm1 and the Uniform Rule 28C.F.R. Part 70, Uniform Administrative Requirements for Grants and Agreements (including sub - awards) with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations, at hUD7/lwww.access.gpo.gov/nara/cfrtwaisldx 03/28cfr70 03 html . Sub - recipients must report any interest earned to TDEM /SAA. Any interest earned in excess of $100 must, on a quarterly basis, be remitted to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville, MD 20852 I AUDITS - The Sub - recipient shall arrange for the performance of an annual financial and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient agreement under the Single Audit Act (OMB Circular - 133; 44 C.F.R. 13.26) hBpJRrwebaate access apo aov/cai- bin leaf -cfr coi ?TITLE =44 &PART =13 &SECTION =26 &TYPE =TEXT ; httpJAwnw dhs gov/xopnbizlgrantslac 1162481125903 shim K GRANT ADMINISTRATION - The Sub - recipient will also comply with Texas Government Code, Chapter 783, http.*IA w statutes legis.state.tx.usPlink =GV ; and the Uniform Grant Management. Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements, http /info sos state tx uslpislpublreadtaclext TacPaue ?sl =T &app =9 &p dir -N &p doc= 111847 &0 tloc = &p plot= 1&pa =2& P lac= &ti= 1 &pt= 1 &ch =5 &d =141 Sub- recipients must also comply with 44, C.F.R., Part and Part 230. 2C.F.R. Part 225, Part 220 L. PROPERTY ADMINISTRATION -TAC Title 1, Part 5, Chapter 116, httor//nfo.sos.stat_e _ t x us7pis7pub/readtac$ext VtewTACvtac view= 3 &ti= 1 &pt =5 M. PUBLICATIONS -44 C.F.R., Section 13.34 htto' /Mrweboate. access. apo aov /cai- bin /aet -cfr. cai ?TITLE =44 &PART= 13 &SECT10N =34 & =TEXT 1. Sub - recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub - award; and (2) any rights of copyright to which a recipient or Sub - recipient purchases ownership with Federal support. The Recipient agrees to consult with NPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 2. The Sub - recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: - This Document was prepared under a grant from the National Preparedness Directorate, United States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not necessarily represent the official position or policies of U.S. Department. of Homeland Security." 11 I p g . Vol. a 9 EXHIBIT B CERTIFICATIONS I, (print) as the authorized official of hereinafter referred to as the 'Sub-recipient," certify the following with respect to the expenditure of Sub- recipient agreement funds. A. The Sub - recipient shall minimize displacement of persons as a result of activities assisted with Sub- recipient agreement funds. B. The program shall be conducted and administered in conformity with the Civil Rights Act of 1964, as amended, (42 U.S.C. § 2000a at seq.); Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. § 794); Title IX of the Education Amendments of 1972, as amended, (20 U.S.C. § 1681 et. seq.); The Age Discrimination Act of 1975, as amended, (20 U.S.C. § 6101 et. seq.). C. As specified by TDEM and FEMA, in the event that displacement of residential dwellings shall occur in connection with a project assisted with HSGP funds, the Sub- recipient shall follow a residential anti - displacement and relocation assistance plan. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification) The Sub - recipient certifies that it and its principals and vendors: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub - recipients can access debarment information by going to www.apis.gov and the State Debarred Vendor List htto: /Awww.window.sfate. tx.us/orocuromenUOroa / vendor nerformance/debarred/ 2. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal. State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and 4. Have not within a three -year period preceding this application had one or more public transactions (Federal. State, or local) terminated for cause or default and 5. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. (Federal Certification) E. Sub - recipient understands and certifies that it will not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of govemment, without the express prior written approval of FEMA National Preparedness Directorate. F. The Sub - recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub - recipient may be required to supply documentation certifying that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. FY 2009 HSGP Signature Date 12 Vol. pg. �� EXHIBIT C CERTIFICATION REGARDING LOBBYING FOR SUB - RECIPIENT AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned, (print), as the authorized official of certifies the following . to the best of his /her knowledge and belief. A. No federal appropriated funds have been paid or shall be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any federal Sub - recipient agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any federal Sub - recipient agreement, grant, loan or cooperative agreement B. If any funds other than federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal Sub - recipient agreement grant, loan or cooperative agreement, the undersigned shall complete and submit standard form Disclosure Form to Report Lobbying forth in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards including sub - contracts, sub - grants and Sub - recipient agreements under grants, loans, and cooperative agreements and that all Sub - recipients shall certify and disclose accordingly, This certification is a material representation of fact upon that reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.0 § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. Signature Date 13 Pg. Vol. �' I B razo s County, TX Comprehensive Integrated Justice Information Management Solution Deliverable Acceptance Form Brazos County, TX Comprehensive Integrated Justice Information Management Solution The installation of the AiCMS and AiCS systems onsite at the Brazos County Information Technology Department represents a project deliverable, defined in the terms of the Brazos County Project Schedule and Contract. § 6.10.1 Installation of AiCMS and AiCS Software Onsite Installation of AiCMS and AiCS Software Onsite The § 6.10.1 Installation of AiCMS and AiCS. Software Onsite has been accepted and conforms to the Quality Assurance and Acceptance Plan for Project Related Services Rendered. ZO AMCAD Vol. -- p g' Page 11 A0 AMCAD Wmaaw - ., ..w • Fa q March 30, 2012 Brazos County Department of Information Technology A"ITN: Eric V. Caldwell 205 E. 27 St. Bryan, Texas 77803 RE: Installation ofAiCMS and AiCS Onsite SOW 16.10.1 Dear Mr. Caldwell. � Cov ; � � n C orwv %' 551 rS C>( /7 L(/Z-6 Z Pursuant to the Brazos County, TX Quality Assurance and Acceptance Plan and § 6. 10.1 of the Brazos County Statement of Work, please take notice of delivery of the Installation of AiCMS and AiCS Onsite. Please accept this as AMCADs formal notice of delivery of deliverables described in the Brazos County Statement of Work. Pursuant to § 2.0 of the Quality Assurance and Acceptance Plan, the formal review period of this deliverable begins on the date of acknowledgement of the receipt of said deliverable. Please sign and return this letter of acknowledgement to Steve Pontius at your earliest convenience. Regards, Steve Pontius Program Manager, Justice Solutions Enclosures (0) J/ Received by N• on this 3 day of (r 20 Z . Corporate Headquarters a 220 Spring Street a Suite 150 a Hemdon, VA 20170 a www.amcad.com VOI. _� Pg' !0 A AMCAD rma"Y•� - h March 30, 2012 Brazos County Department of Information Technology ATTN': Eric V. Caldwell 205 E. 27` St. Bryan, Texas 77803 App rovej iA COMM.55 ovicers t,r� Oy /2 /zolZ- RE: Delivery of Project Quarterly Performance Report Q1 2012 SOW § 6.5 Dear Mr. Caldwell, Pursuant to the Brazos County, TX Quality Assurance and Acceptance Plan and § 6.5 of the Brazos County Statement of Work, please take notice of delivery of the Project Quarterly Performance Report Ql 2012. Please accept this as AMCADs formal notice of delivery of deliverables described in the Brazos County Statement of Work. Pursuant to § 2.0 of the Quality Assurance and Acceptance Plan, the formal review period of this deliverable begins on the date of acknowledgement of the receipt of said deliverable. Please sign and return this letter of acknowledgement to Steve Pontius at your earliest convenience. Regards, Steve Pontius Program Manager, Justice Solutions Enclosures (0) Received by �� on this r 3 Fh day of t 20_L? . : Corporate Headquarters • 220 Spring Street • Suite 150 • Hemdon, VA 20170 • www.amcad.Com i V0L 1 =;� P ��r ANf %M Receivable Sign Off The Quality approved on Brazos County, TX Integrated Justice Management Solution Deliverable Acceptance Form s was completed by the Brazos County Project Team and was 3, ZDiz Brazos County Team Chief Information Officer: The undersigned are the authorized representatives of the party on whose behalf they are signing to accept this deliverable. Accepted and Agreed To: AV1CAD B (Aut'o ize ignature) Brazos County, Department of Information Technology By ZL/, � (Authorized Signature) Steve Pontius Eric V. Caldwell (Print or Type Name) (Print or Type Name) Program Manager, Justice Solutions (Title) Chief Information Officer, Department of Information Technology (Title) (Date of Signature) (Datt of Signature) Aliod AMCAD Page 12 Vol. Pg- FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY VETERANS MEMORIAL THIS AGREEMENT FOR THE FUNDING ( "Agreement ") is made and entered into by and between BRAZOS VALLEY VETERANS MEMORIAL, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ( "BVVM "), and Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ( "County "). RECITALS: WHEREAS, BVVM provides a public art memorial for residents and non - residents of the County to have a dignified place of recognition for the service and sacrifices made while in the uniformed services of this great nation and also provides an educational venue to teach our children about those sacrifices; and WHEREAS, the Commissioners Court of Brazos County finds that the memorial and grounds constitute a museum and /or recreational area; and WHEREAS, the County may provide funding to construct and /or maintain a museum and/or recreational park or facility; and WHEREAS, such activity serves a public purpose. NOW, THEREFORE, COUNTY and BWM hereby agree as follows: BWM through its funding and support shall operate and maintain a memorial for all veterans. County, for and in consideration of the services provided to County, hereby agrees to pay to BWM a total payment of Five Thousand and no /1.00 Dollars, $5,000.00 ( "Funds ") for the year beginning October 1, 2011 and ending September 30, 2012. Payment of such sum will be paid upon receipt of invoice. Brazos Valley Veterans Memorial Agreement Page 1 of 5 Vol. / ( 01/ Pg. 36 III. BVVM agrees to provide an annual account of how the Funds were spent to meet the above described services. BVVM agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. IV. ACCOUNTING AND AUDIT BVVM agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVVM agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVVM agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVVM agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVVM under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BVVM. Annual financial statements (audited if available) are due to County within six (6) months of completion. V. RECORD RETENTION The BVVM shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with Federal and State law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the BVVM with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Brazos Valley Veterans Memorial Agreement Page 2 of 5 Vol. I & I p 37 VI. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VII. INSURANCE The parties hereto agree that the BWM shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. VIII. COUNTY INVOLVEMENT The County and BWM state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. IX. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. X. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos Valley Veterans Memorial Agreement 109 Page 3 of 5 /6 Vol. Pg Brazos Valley Veterans Memorial P.O. Box 11055 College Station, Texas 77842 Brazos County Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 XI. FURTHER ASSURANCES Each parry hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. XII. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the BVVM without the prior written consent of the County. WITNESS OUR HANDS thisday of 2012. Brazos Valley Veterans Memorial Agreement Page 4 of 5 Vol. / I Pg 07 Brazos Valley Veterans Memorial, Inc. By: Name: Title: Executive 0 Title: Brazos Valley Veterans Memorial Agreement Bra os,CountyLexas By. �% Duane Peters, County Judge Attes t`� L �r�`� K McQueen, County Clerk fi- Y shti . , (5 Page 5 of 5 Vol. Pg Ito accept the Training Proposal and subsequent Price Quote for the training services described herein for the amount of $2,600 plus applicable taxes. I have read, understand and agree to comply with the enclosed Training Service Terms & Conditions, and acknowledge that payment can be made by check, credit card or NET30 after credit approval. Date Signal r Name: Title: Company: Brazos County, TX Checks should be made payable to DataClarity Corporation and sent to the following address: DataClarity Corporation 7200 Falls of Neuse Road / Suite 202 Raleigh, NC 27615 919.256.6700 Fax 919.256.6799 Please sign and return the proposal by fax or scan and e-mail to salesCadataclaritycorp.com no later than 10 days before the scheduled start date of the training engagement and prior to April 22, 2012, the proposal expiration date. Data, Vol. 1(O/ Pg. Ak1 7 �� r� :SA .�. � {y� „rf�r �S Ara r �-'d t'��i��buM {r t tz -Nx ff��T;t'wkT +3 v i �>✓ FY; a a yr N” - +. ihrc fs S o-.:�z -�5 r ! 'rC S. '3�,,,� ��, K � � r � � F i i � n ✓ 3 F.� F Ftrtk.� t + E y�' � � � I �� T?h. ��. " i � ryr i ys,r w V � �� '�"'�` I' >v M K 9'7' � � =s m" b � i iK r ��- y ` , � F"�' .. r�"t��yc { �+ ,� +4 March 22, 2012 i 1; Po Business Partner Brazos County, Texas currently uses a SunGard system called FinancePlus to deliver functionality that supports HR, the Treasurer and some financials. A new version of the application is being implemented and with it, a new version of Cognos BI for their report writing needs. FinancePlus is running version 8.4.1. As Cognos is currently on release 10.1.1, most of our training curriculum that runs publicly supports version 10. However, we do have curriculum for Cognos BI vs.8 which we will use as the basis for this training. The Report Studio Essentials course that we have is 2 days in duration. In conjunction with the Brazos County team, we will review the outline of topics and narrow the scope of training down to one day by selecting the topics most relevant to them and their report writing needs. Two key areas of interest that they are requesting be covered are: • Drill - thru's • Hot files* (used for filtering) *Note: Hot files were commonly used with the Series 7 version of Cognos. This is the older version you are moving off of. In Cognos 8, hot files are not used and we will discuss how you are currently using them so that we can show you the best way to replicate that functionality in your new environment. It is expected that 5 —10 students will attend the training with the skill range varying from power users to end users. There is maximum of 30 students per training class. Approximately 10 days prior to class, we will need the student count so that we can print and ship the manuals for the training. The team at Brazos County has stated their go -live date for the new system is Monday, March 26, 2012, They would like to target the training a few weeks after that with a goal of the training the week of April 23, 2012. Data::` U. Vol. ) ll � I Pg. �5 x Schedule The team at Brazos County, TX are hoping to schedule for mid - April, 2012. A date will be locked in upon signature of the contract. Notes: 1. Price quote valid for 30 days. 2. For Onsite training, maximum class size (student count) is 10 students. 3. Onsite training costs do not include reasonable instructor travel and expenses. 4. For Onsite training, cost includes instructor, virtual classroom environment, training curriculum, student manual and shipping. 5. Payment may be made in advance by check, credit card or NET30 after credit approval. 6. Courseware is licensed and cannot be duplicated. $ - - - :s^ Copyright 2012, DaIaClanty Corporation — ConMential Vol. /b/ Pg q 4 Price Quote for Onsite Training u Training Service Terms and Conditions Th ese Training Service Terms a n d Con dit ion s ( "Terms ") set forth thebas is upon which DataClarity Co r po r atio n (" Dat a Cla rity") will provide training classes ( "Training ") using DataClarity course materials ( "DataClarity Course Materials ") at specified locations and times agreed with customer ( "Customer ") for delivery to Customer's designated attendees ( "Attendees "). 1. Ordering. Customer shall provide DataClarity with firm requests for Training via electronic transmission or as otherwise required in accordance with DataClarity's guidelines. Requests shall include at a minimum the name of the Attendees, scheduled date, location and name of the requested training course. All requests placed by Customer shall be governed by these Terms, and any terms set forth in Customer's ordering document in addition to or inconsistent with these Terms shall be of no force or effect. These Terms supersede all prior statements, representations, discussions, negotiations and agreements by the parties, both oral and written. All requests are subject to DataClarity's acceptance. Training shall commence on the dates specified by DataClarity in its acceptance. 2. Payment. Customer agrees to pay for Training according to DataClarity's published prices current as of the date of DataClarity's acceptance of Training request, unless otherwise agreed in writing pursuant to a proposal, All payments, whether by credit card or other form acceptable by DataClarity must be received at least seven (7) days prior to the commencement of Training. For reservations made within seven (7) days of Training, payment must be received prior to the commencement of Training. At DataClarity's discretion, Customer may qualify for DataClarity's credit terms, in which case payment will be due thirty (30) days from date of DataClarity's invoice. Any overdue amounts shall be subject to a finance charge at the rate of 1.5% per month commencing on the date such amount becomes overdue, or the highest rate permitted by applicable law, whichever is lower. All applicable local sales or use taxes, duties and other imposts, if any, due on account of purchases hereunder shall be paid by Customer. 3. Responsibility of Customer. a. Prerequisite requirements. DataClarity reserves the right to refuse or limit any services for Training if a Customer or Attendee fails to satisfy the requirements for a Training course as published or provided to Customer by DataClarity prior to the start of such course. In such cases no refund or cancellation fee will be paid. b. Good conduct. DataClarity reserves the right to refuse, limit or cancel any Training if a Customer or Attendee in the opinion of DataClarity has displayed unreasonable or unprofessional behavior or is deemed to be disruptive. In such cases, no refund or cancellation fee will be paid. Same condition. Customer and Attendees agree that all facilities and equipment licensed for use during the Training shall at the end of the Training be in the same condition as initially provided, wear and tear excepted. 4. Ownership of Materials. Ownership of all copyright and other intellectual property rights in the DataClarity Course Material, including any documentation, data, technical information and know -how provided to Customer and /or Attendees as part of the Training remains vested in DataClarity or its suppliers. All such information shall be held in confidence and may not be disclosed or copied to third parties, without the express written permission of DataClarity or its suppliers. Upon payment of all sums due, DataClarity grants Customer a non - exclusive, non - transferable license to use internally asingle copy of the DataClarity Course Material for the sole benefit of each Attendee registered for Training. ®. . 4 © Copyright 2012 DataClanty,Corporation - Confidential Vol ' (D ' Pg L�S 5. Cancellation Policy. You may cancel this engagement at no charge at any time before ten (10) business days prior to the start date. If you cancel within ten (10) business days prior to the start date, you may be charged 50% of the total engagement fee for the canceled days. 6. Warranty. DataClarity warrants that its personnel are suitably qualified and experienced to perform Training. Except as expressly represented otherwise, and to the extent not prohibited by law, all Training, including any documentation, publications, software programs or code, and other information provided by or on behalf of Data Clarity or its suppliers to Customer or Attendee are furnished on an "AS -IS" basis, without warranty of any kind, whether express, implied statutory or otherwise especially as to quality, reliability, timeliness, usefulness, sufficiency and accuracy. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE ARE DISCLAIMED BY DATACLARITY AND ITS SUPPLIERS. NO ORAL OR WRITTEN INFORMATION PROVIDED BY DATACLARITY SHALL CREATE A WARRANTY UNLESS INCORPORATED INTO THESE TERMS. 7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BYLAW, DATACLARITY AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES, SUCH AS LOST PROFITS, ARISING FROM THESE TERMS EVEN IF DATACLARITY HAS KNOWLEDGE OF THE LIKELIHOOD OF SUCH DAMAGES. IN THE EVENT THAT DATACLARITY SHALL FAIL TO PROVIDE TRAINING IN ACCORDANCE WITH THESE TERMS, DATACLARITY'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF THESE TERMS SHALL BE FOR DATACLARITY TO USE ITS REASONABLE EFFORTS TO REPERFORM THE TRAINING WITHIN A REASONABLE PERIOD OF TIME; PROVIDED, THAT IN THE EVENT DATACLARITY IS UNABLE TO REPERFORM, DATACLARITY MAY ELECT TO REFUND ALL PAYMENTS ACTUALLY RECEIVED BY DATACLARITY FROM CUSTOMER FOR THE TRAINING IN QUESTION, IN FULL SATISFACTION OF DATACLARITY'S OBLIGATIONS. SUCH REFUND SHALL CONSTITUTE DATACLARITY'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR SUCH BREACH. IN NO EVENT SHALL THE AGGREGATE LIABILITY FOR DAMAGES OF DATACLARITY, ITS EMPLOYEES OR AGENTS, ARISING FROM THESE TERMS WHETHER BY CONTRACT OR TORT EXCEED THE AMOUNTS CUSTOMER ACTUALLY PAID DATACLARITY. TO THE EXTENT NOT PROHIBITED BY LAW, THE LIMITATIONS IN THIS SECTION SHALL APPLY TO PERSONAL INJURY AND DEATH. B. General. The laws of the State of North Carolina shall govern these Terms and shall be applied as if these Terms were entered into and performed entirely within North Carolina between North Carolina residents. The venue for settling any disputes shall be the courts for the jurisdiction of Wake County, North Carolina. Neither . party shall be liable for any delay or failure to meet its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to war, riot, insurrection, civil commotion, labor strikes or lockouts, shortages, factory or other labor conditions, fire, flood, earthquake or storm. If any provision of these Terms should be held to be unenforceable or invalid for any reason, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions, and the parties will substitute for such provision an enforceable and valid provision that most closely approximates the intent and economic effect of the unenforceable or invalid provision. No modification to these Terms will be binding unless it is in writing and signed by an authorized representative of each party. DataClarity may use subcontractors to perform Training. No assignment is permitted by Customer under these Terms and any attempt to assign shall be null and void. Vol. ) ( r Pg. T(P INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, THE CITY OF COLLEGE STATION, AND THE CITY OF BRYAN FOR THE 2012 BYRNE JUSTICE ASSISTANCE GRANT (JAC) PROGRAM AWARD This Agreement is made and entered into by and between Brazos County, Texas (hereinafter referred to as the "County "), acting through its Commissioners' Court, the City of College Station (hereinafter referred to as "College Station "), a Texas Home Rule Municipal Corporation, acting through its City Council; and the City of Bryan, Texas (hereinafter referred to as "Bryan"), a Texas Home Rule Municipal Corporation, acting through its City Council. WHEREAS, the County, College Station, and Bryan wish to submit a joint application for grant funds under the U.S. Department of Justice's 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, as a condition precedent to receiving a JAG award, the County, College Station, and Bryan are required to enter into an inter -local agreement designating onejoint applicant to serve as the applicant/fiscal agent for thejoint.funds; and WHEREAS, Bryan will serve as the applicant/fiscal agent; and WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the rNTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, Bryan agrees to provide the County $8,346.45 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan agrees to provide College Station $13,745.35 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan shall use their $33,551.20 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and Vol. I to I Pg 4 7 WHEREAS, College Station, Bryan and the County believe it to be in their best interest to reallocate the JAG funds as described above, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: 1. Bryan agrees to pay the County a total of $8,346.45 of JAG funds. 2. The County agrees to use the $8,346.45 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs.. 3. Bryan agrees to pay College Station a total of $13,745.35 of JAG funds. 4. College Station agrees to use $13,745.35 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 5. Bryan agrees to retain a total of $33,551.20 of the JAG funds. 6. Bryan agrees to use $33,551.20 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 7. The parties to this Agreement do not intend for any third patty to obtain a right by virtue of this Agreement. 8_ By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 9. No party shall have the right to direct or control the conduct of the other parties with respect to the duties and obligations of each party under the terms of this Agreement. 10. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 11. Effective Date and Term This Agreement shall be effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2016. 12. INDEMNIFICATION. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to this Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement. 13. CONSENT TO SUIT. Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. Vol. � I Pg. T o 14. Invalidity: If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 15. Written Notice Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. CITY OF COLLEGE STATION: City Manager City of College Station P. O. Box 9960 College Station, Texas 77842 CITY OF BRYAN: City Manager City of Bryan P.O. Box 1000 300 South Texas Avenue Bryan, Texas 77803 BRAZOS COUNTY: County Judge Brazos County 200 S. Texas Ave., Ste. 332 Bryan, Texas 77803 16. Entire Agreement It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 17. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 18. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 19. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. Vol. 1 ( / Pg. ` / 20. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 21. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse any other different or subsequent breach. 22. Agreement Read The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 23. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any parry without the prior written approval of the other parties to this Agreement. 24. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. ; Vol. 1 ! pg. 50 Contract No. EXECUTED this the day of 2012 by CITY OF BRYAN. CITY OF BRYAN ATTEST: Mary Lynn Stratta City Secretary By: JASON P. BIENSKI Mayor APPROVED AS TO FORM: Janis Hampton City Attorney ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority. a Notary Public in and for. the State of Texas, on this day personally appeared, Jason P. Bienski, Mayor of Bryan, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 2012. Notary Public, State of Texas My Commission Expires: _ Vol. pg• -5— Contract No. EXECUTED this the ATTEST: day of , 2012 by CITY OF COLLEGE STATION. CITY OF COLLEGE STATION By: NANCY BERRY Mayor APPROVED: Sherry Mashburn City Secretary City Manager City Attorney Chief Financial Officer ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Nancy Berry, Mayor of College Station, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2012. Notary Public, State of Texas My Commission Expires: _ Uol. __-- 1( ' 0/ - — P". ---- ---- -- Contract No. EXECUTED this the C( T day of ri I 2012 by BRAZOS COUNTY, OUNTY OF :7 By: DUANE PETERS County Judge ATTEST: Karen McQueen County Clerk ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas on this day personally appeared Duane Peters, County Judge of Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration therein expressed, and in the capacity therein stated. G VEN UNDER MY HAND AND SEAL OF OFFICE this CT 1 day of A.D. 2012: u i .v rr' � Nota% o ••'� STATE OF TEXAS o f My Comm, Exp.CSMMIS ..... ............................... Vol. 1W Notary Public, Stat f Texas q My Commission Expires: �! pg BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: April 24, 2012 ITEM: Consider and take action on a cost saving Maintenance Agreement option for product and servicing of the pressure washer machine located at Road and Bridge shop SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS`. Copy of Maintenance Agreement is attached. SU� % BY: Pr- R. Alan Munger, P. . County Engineer CC2012 -012 APPROVED BY: �,t /Q A rYIA.v� Commi °sinner Lloyd Wassermann Road and Bridge Liaison This Request is Ap roved _NZ(or) Denied by Commissioners' Court Date: E. Duane Peters, County Judge Vol. 1 Pg,_�_ bo TAN Hotry Carlson Equipment Co 4714 Nuc¢ols Crossing Road Austin TX 76744 Phone (512) 442 -2267 F"(512)"2-31" w,� .hotsrcnrlson.com Maintenance Agreement Contact name Customer Address Phone # Purpose of Agreement — Hotsy Carlson Equipment Co. agrees to provide the maintenance program as described below, for the equipment described in Schedule B of this agreement. The program will include placing a full 330 gallon tote of Hotsy Transport Soap at no charge, and Hotsy /Carlson will fill the tank once a month on a date agreed upon by the facility supervisor. An inspection of the machine and its operation will be performed by a Hotsy /Carlson expert once a month and a full preventative maintenance will be performed once every three months. Any further parts or repairs needed outside of this agreement will be quoted prior to performing said repairs. Customer Responsibility — It is the responsibility of the customer to perform any routine inspection of equipment as set forth in the operations manual provided with the equipment. Daily and monthly checks not included with this agreement as explained in Schedule B of this agreement. Excluded Services and Repairs — Hotsy Carlson Equipment Co. and the customer agree that this agreement does not cover services or repair to the equipment due to fire; theft or vandalism; normal wear and tear; mishandling or negligent operation by the customer or third parties including but not limited to the failure to perform the routine maintenance as described in schedule B of this agreement. Monthly Invoicing of Charges — Hotsy Carlson Equipment Co. will invoice the customer at the rates specified on schedule B. The customer shall make payment of the invoice, including applicable taxes, Net 30, with interest to accrue at the rate of one and one -half percent per month on any invoice not paid by the first day of the next calendar month. Maintenance and Repair Records — Hotsy Carlson Equipment Co. agrees to keep all maintenance and repair records they complete on the equipment. Location of Servicing and Repairs, Emergency Services and Repairs — Hotsy Carlson Equipment Co. and the customer agree that routine maintenance services and minor and major repair will be performed according to schedule B, at the location listed in Schedule B. Service and repairs perforrned on an emergency basis will be done so at the rates described in Schedule B for emergency repairs. Access to Equipment- Reasonable access to equipment is expected. The customer shall be responsible for setting the machine up to be operated. Preventative Maintenance Services will be scheduled during Hotsy Carlson Equipment Co.'s normal business hours. Vol. Pg. Hotsy Equipment Co. Limit of Liability- Hotsy Carlson Equipment Co. makes no warranties of any kind, express or implied, except that parts sold shall be free from defects in workmanship and material, under normal use and service, for the time periods as established by the part manufacturers. The sole responsibility of Hotsy Carlson Equipment Co. is to repair and it shall not be liable for any special indirect or consequential damages, including loss of time, inconvenience, loss of use of the equipment or commercial. In no case shall Hotsy Carlson Equipment Co.'s liability exceed the price paid to Hotsy Carlson Equipment Co. for the specific services giving rise to such liability. Termination — A. Without Cause — Notwithstanding anything to the contrary in this agreement, each party shall have the right to terminate this agreement without cause by giving the other party notice, specifying a termination date not less than thirty days after the date of the notice. This agreement and all further rights and obligations of the parties shall terminate on the specified termination date. B. With Cause — In the event that either party fails. to perform any obligation under this agreement, the other party, notwithstanding anything to the contrary in this agreement, shall have the right to terminate this agreement by giving the party notice of termination stating with reasonably clarity the reason for such termination. Twenty-four (24) hours after such notice is sent to the other party, this agreement and all further rights and obligations of the parties under this agreement shall terminate. In the event of such a termination, Hotsy Equipment Co. shall be paid all sums due under this agreement; prior to the date such notice is sent, subject to an offset for any damages resulting from its failure to perform its obligations under this agreement. DATED: Dated: Hotsy Carlson Equipment Co. By: Title: Una n r h / a s Title: (Must be signed by an ghthorized offirAr or agent of the customer) Vol. Pg•- -� Hotsy Carlson Equipment Co. SCHEDULE B Maintenance Agreement Date: Contact Person: Equipment Location: Phone: Equipment Covered by Maintenance Agreement: Brand: Hotsy Model: 1835ss Serial #: 100103 Maintenance Agreement Type: Bulk Soap Effective Date: 3/112012 Expiration Date: on going Rate of service: 3.85 per gallon. 79.00 per man hour Hotsy Carlson Equipment Co. agrees to perform the following maintenance for the term of this agreement as follows: Preventative Maintenance Service — Pressure Washers: • Check drive belts for tension and wear, adjust. • Check pressure and temperature levels; adjust. • Check coil for soot deposits and lime buildup. Clean if necessary • Check pump oil levels; add or change oil as needed. • Check electrical — starter and electrical boxes, switches and wiring — tighten /replace as needed • Check fuel lines and filter — dean or replace as needed • Check engine oil and filter — add or change as needed • Check nozzles, for damage or wear. Clean or replace as needed • Check hoses for breaks or leaks. • Check couplers for O -ring wear and coupler damage. Replace O -Rings if necessary. • Check burner for proper operation; adjust air and electrodes as needed. • Check pump for proper operation and inspect for leaks. • Test unloader valve for excessive wear. • Check air bands and adjust if needed • Check fuel pressure and adjust if needed. • Run a smoke test to determined the burner is running effectively. At the time of service, if any additional repairs are needed to the system that are not covered by warranty, any consumables needed, or user error repairs needed, parts will be billed accordingly and the hourly rate will be $79 per hour. Any other service pals necessary will NOT be charged a service call fee and will be billed at our regular hourly rate of $79 per hour. Emergency service is available after hours at a rate of S89 per hour. A 1 -hour minimum charge will be incurred for emergency repair service and travel 5me will be invoiced at $89 per hour. It is understood the customer will be responsible to perform the daily and weekly checks as described in the operators manual. The customer also understands that any additional repairs or parts needed which are not outlined In this Schedule B will be at an addition cost above and beyond the cost noted above in the rate of service. Initial/Date 57 Vol. Pg BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: MEETING DATE: SUBJECT: Road & Bridge April 24, 2012 Private Property Access Request permission to enter private property owned by James Ramsey located on Macey Road for the purpose of removing any trees, brush or silt from drainage channel. Project will also reshape channel and re- construct water gap at McDonald Creek. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. County will maintain the site only when necessary for continued adequate drainage of roadway. SUBMITTED BY: J V. Salvato Right of Way Agent This request is V l HA Precinct 2 / DENIED ❑ by Commissioners' Court Duane Pe ters, County f Judge DATE: 'T" R4 _ 1 9 J Vol. �! Pg. l � of NF BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct 1 Sammy Calalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct 3 Irma Cauley Commissioner Pct 4 OWNER(S): James Ramsey R. Alan Munger, P.E. County Engineer Brazos County Road 8 Bridge Dept. 2617 Hwy 21 West Bryan, Texas 77903 Office: 979-922 -2127 Fax: 979 - 775 -0453 amunger @brazoscountytx gov II. ADDRESS: 17913 Macey Road Hearne, Texas 77859 III. LOCATION OF WORK: 17913 Macey Road R11823 — Thomas James Survey, A -25, Tract 28, 20 ac. IV. DESCRIPTION OF WORK: Project will remove any trees, brush or silt from drainage channel within the 0.804 acre drainage easement located on private property at McDonald Creek. The project will also include the reconstruction of the water gap located on Macey Road. This work is being done for the health, safety and welfare of the general public. V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: County will maintain the site only when necessary for continued adequate drainage of roadway. I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: Date: R. Alan Munger, JoO. Salvato County Engineer Right of Way Agent Vol. J / Pg. ' .9 9 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: April 24, 2012 SUBJECT: Right -of -Way Acquisition Acceptance of Special Warranty Deed from Alex and Myrna Lopez for 0.32 acres of land to be used for improvements to Shirley Road located in Precinct 2. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement • Copy of Fence Building Option SUBMITTED BY: APPROVED BY /- (" - N -- - v r T�� V. Salvato anon/ atalena -it of Way Agent Comrrussioner. Precinct 2 This request is L°� , APPROVED / DN❑ by Commissioners' Court Duane Pete Counts Judge DATE: 0 Vol. 1 Pg NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Shirley Road Special Warranty Deed THE STATE OF TEXAS § KNOW ALL MEN § BY THESE PRESENTS: COUNTY OF BRAZOS § GRANTOR(S): ALEX LOPEZ and wife, MYRNA LOPEZ Grantor's Mailing Address: 7420 Shirley Road Bryan, Texas 77808 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: Consideration: 300 East 26th Street Bryan, Texas 77803 Ten and No /100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.32 of one acre of land situated in the R. S. BENSON SURVEY, Abstract No. 78, and being a part of that certain called 14.00 acre tract described in deed from SCS Real Estate Investments, Ltd. to Alex Lopez and wife, Myrna Lopez as described in Volume 9402, Page 135, of the Official Records of Brazos County, said 0.32 of one acre being more particularly described by metes and bounds description as shown on Exhibit "A and B" attached hereto and made a part hereof for all purposes. & �l P Vol. 9- Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the properly to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the eights and appurtenances thereto in anywise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this e ,21 day of , 2011 Ale ez Vol. / 6 / Pg. Myrn Lopez M EXHIBIT "A" FIELD NOTES BRAZOS COUNTY RIGHT -OF -WAY WIDENING ALONG SHIRLEY ROAD BEING 0.32 OF ONE ACRE OUT OF THE ALEX LOPEZ, ET UX CALLED 14.00 ACRE TRACT VOLUME 9402, PAGE 135 R. S. BENSON SURVEY, A — 78 BRAZOS COUNTY, TEXAS SEPTEMBER 15, 2011 All that certain lot, tract or parcel of land being 0.32 of one acre situated in the R. S. BENSON SURVEY, Abstract No. 78, Brazos County, Texas and being a part of that certain Called 14.00 acre tract as described in deed from SCS Real Estate Investments, Ltd. to Alex Lopez, and wife, Myrna Lopez, of record in Volume 9402, Page 135, said 0.32 of one acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 518° Iron Rod with Cap found in the southwest right -of -way line of Shirley Road for the most northerly corner, said comer being the most northerly corner of said Called 14.00 acre tract and the most easterly comer of the remainder of a Called 97.05 acre tract as described in deed to BCS Leasing, LLC of record in Volume 9867, Page 280; THENCE S 57 ° 47' 15 " E, along the southwest right -of -way line of said Shirley Road and the northeast line of said Called 14.00 acre tract a distance of 490.05 feet to a Cross Tie Fence Post found for an east comer of said 14.00 acre tract; THENCE S 06 ° 25' 30 " E, continuing along the west right -of -way line of said Shirley Road and the east line of said Called 14.00 acre tract a distance of 34.06 feet to a Cross Tie Fence Post found for an east corner of said Called 14.00 acre tract; THENCE S 40 ° 35' 06 " W, along the southeast line of said Called 14.00 acre tract and the northwest right -of -way line of said Shirley Road a distance of 146.73 feet to a'' /" Iron Rod with Cap set for the most southerly comer, a 24" Post Oak found for angle point in the southeast line of said 14.00 acre tract bears S 40 ' 35 ' 06 " W a distance of 389.52 feet; THENCE N 09 ° 28' 55 " E, a distance of 104.57 feet to a' /2' Iron Rod with Cap set for angle point; THENCE N 08 ° 10'33 " W, a distance of 30.00 feet to a' /" Iron Rod with Cap set for angle point; THENCE N 30 ° 11 '41 " W, a distance of 92.53 feet to a W Iron Rod with Cap set for angle point; THENCE N 57 ° 50' 06 " W, a distance of 349.65 feet to a Y" Iron with Cap set for the most westerly comer, said corner being located in the northwest line of said Called 14.00 acre tract, a 518" Iran Rod with Cap found for the west corner of said Called 14.00 acre tract bears S 41 ° 07 ' 09 " W a distance of 1203.17 feet; THENCE N 41 ° 07 '09 " E, along the northwest line of said Called 14.00 acre tract a distance of 10.02 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.32 OF ONE ACRE OF LAND, MORE OR LESS, according to a survey performed during December 2010, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. North is based on rotating the southwest line of Shirley Road to Grid North, NAD83(CORS96), as derived from GPS observations. For other information, see accompanying plat. 63 1 !�L- Pg. REMAIND S ER pL ASWG. LLO AI I 9as7 280 ° 97-05 AC 4r•7• I V , S I 0 9 o ° m I C """I Coll_N gr•07.09 E f20 3.l9' / I I C m mnz_ �rnfn2G3J °� F� E I n Z 2' EaL•r9 -ml I n � D �1 Z O 9 m 0•� g l � � iD gnsm� CD ca O_o�p� o •I -•'a• w I I w' ��� 3 mm=� ° om m I I w FN 6. D m ozm <o X Z — i - �ov T [ �,D� tio�n�z n C `o r I m� o m o <m oODN a I n� m 1 S x m (TODD V � vcI I f r A 7C Omo , - 1 m I N �� CO yw r Lei �07Qr Z rl7 O ,t .P O mDI NIVm C zomz ZC Q� C7O I'n cmi. �o I O I m�z C °mn 3 : mX �- n� m H N NN � Own my { ➢o N ZC,!`�DX C) C) 2.L r) =q 11 nV ---I0 �2 :Zv H �n m M;;Q Z o ° Vl O y m x N I I N W N - �g °" z ti I m TO�o n C17 D Er oW i ! I rn^ N „S 4040 86 13" W 5` _ Ca11 -S W Vol. _ &— pg. && Acknowledgment STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on St PT610 139�Z ZO, ,?o(/ by Alex Lopez. O 4t V:',pRV PU B ` , Not ublic, State of Texas XPIR Acknowledgment STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on S,6?Te�n d F_/1 d?9 0 by Myma Lopez. ,O E �pY PUe O /� o n s tat e of Texas X / Nl9 FOFR `\ 10-5 Vol._ I___/ pg BRAZOS COUNTY, TEX-AS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 28.1-28.4 On this the 24th day of April 2012 at a regular meeting of the Commissioners Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassennann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 24th day of April 2012 the Court heard and approved a budget amendment for the 2011 -2012 budget year for Brazos County; Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 24th day of April 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Ju ge Original: County Clerk's Office and Attached to die original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes �/ g Vol. � ---- P ' BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 11/12 - 281 4/2412012 FUND Div ACCT PROJ DR1CR ACCOUNTNAME Increase Decrease 0100 11001500 61130000 CR General Fund Contingency 2664.00 0100 10000100 51630000 DR Part time staff 6,365.00 0100 10000100 53100000 DR Social Security 487.00 0100 10000100 53200000 Retirement 787.00 0100 10000100 53800000 _D DR Worker's Compensation 25.00 General Fund Contingency and County Judge Reallocation of funds to support Pre -Trial Intervention Officer, Class Code 0210 Position 2, that was created and approved during Commissioners Court on April 17, 2012. Line item 10. Vol. _ Pg._ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 28.2 4/24/2012 FUND DIV I ACCT PROJI IDPJCR ACCOUNT NAME Increase Decrease 5800 18006000 61130000 CR Contin encv 6,310.14 5800 18006000 80281000 DR Equipment-Electronic 6,310.14 _ County Attorney Operating Fund Reallocation of funds tosupporl the purchase equipment - electronics. r r Prepared By nnm !4'1171201,2'; BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11 /12 - 28.3 4/24/2012 FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61/30000 CR General Fund Contingency 3,750.00 0100 17000100 65250000 DR Diesel 3,750.00 General Fund Coating ncy and Building Maintenance Reallocation of funds tooperate a 1000 j4allon seneTator fora yearly routine maintenance. Vol. l 6 / Pg. & T BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 28.4 A19412012 FUND 3000 DIV 288000 ACCT 60500000 PROJ DR/CR CR ACCOUNT NAME Office Eq uipment Increase Decrease 5,749.00 3000 288000 67286000 DR Equipment - Other 1,250.00 3000 288000 65320000 DR E ui ment - Maintenance 3,254.00 3000 288000 67281000 DR Software .1,245.00 Byrne Justice Assistance - JAG Grant Reallocation of funds for various items re uestin to he urchased Hith the 2009 lAG Funds. Vol.- /�— Pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 24, 2012 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 Juvenile Busa, Scott A. New Hire SO Admin. SO Jail Bower, Clayton McEntire, Matthew j`etYY��l2G�J McRae, Jacob Smith III, Conrad Navarro, Mary E. Budgeted Step Increase New Hire Resignation New Hire New Hire Tax Office French, Connie Budgeted Step Increase Approved in Commissioners' Court: A ril 24 2012: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. / 6 / Pg I/ Brazos County Expo - Quarterly Report Second Quarter Data - January to March 2012 Sales Multi -Day /Out of County Events Hosted PAID Career Expo February 1 -2nd Episcopal Diocese of Texas Council February 10 -11 th US Team Roping Championships- March 1 -4th Diamonds and Dirt Barrel Race March 13 -18th Charmayne James Barrel Race Clinic March 22 -25m Texas A &M Rodeo Collegiate Rodeo March 22 -25th 2. Contacts /Inquiries Number of Individuals /Groups contacted - 122 Number of Events Booked - 25 • Ernst and Young Banquet March 2012 • Aggie Sisters for Christ Formal- March 2012 • Alpha Gamma Rho Banquet -April 2012 • KPMG Banquet- April 2012 • Wrap N 3 Barrel Race -May 2012 • Refresh Leadership Symposium- May 2012 • Show Of Support Banquet- May 2012 • Brazos Valley Antique Show -May 2012 • Texas Junior Simmental /Simbrah State Show -June 2012 • Lonestar Bowhunters Association Banquet -June 2012 • Greater Houston Quarter Horse Show - October 2012 • VMCCA Glidden Tour Luncheon - October 2012 • Reining Horse Show- November 2012 • Houston Dressage Society Horse Show • St. Joseph Spring Fling- February 2013 • Parent's Weekend Banquets- 2 • Wedding Receptions /Quinceras - 7 3. Current Leads • National Barrel Horse Association South Texas Region • National Little Britches Rodeo Association Finals • Women's Pro Rodeo Association Finals- November 2013 • Texas Reining Horse Association Show November 2012 • National Guard Association of Texas Conference 2016 • Lone Star Hunter /Jumper Horse Shows Vol.— �D Pg-- • Bluebonnet Cutting Horse Association September 2012 • Texas Red Angus Sale • United Bucking Bulls Event 4. Retained Business 17 out of 37 events have rebooked. Other events are still pending dates. January: 2 Potential events pending rebooking February: 2 Potential events pending rebooking March: 11 Potential events pending rebooking (including Parent's Weekend Banquets moving into April) Marketing 1. Website Stats Visits and Visitors - 12,408 visits from 9,060 visitors in 805 cities New Visitors -8,579 or 69.14% Returning Visitors - 3,829 or 30.86% Average # of Pages Viewed per Visit - 4.43 Total Page Views - 54,973 Average Time on Site per Visit - 00:02:46 Location - Top 6 visitor cities and number of visits College Station - 4,390 Houston - 1,836 Bryan - 975 Austin - 932 Ballinger - 265 Dallas - 264 Mobile - Top 5 devices and number of visits iPhone - 1,878 iPad - 506 Not set - 185 Sony LT15i - 104 HTC EVO 4G -65 (With the number of mobile users increasing it would be worthwhile to explore the development of a mobile site to help utilize this traffic) Vol. 1(01 Pg . " 73 Traffic Sources - How visitors find our website and number of visits # 1 - Search (search engines Google, Yahoo, Bing, etc.) - 8,940 or 72.05% #2 - Referring (other websites linking to ours) - 2,107 or 16.98% #3 - Direct (typing our url directly into their web browser) - 1,361 or 10.97% (Search engines are another place we can look towards advertising and increasing our brand awareness) Content - Top 5 pages visited and number of views Home Page - 11,996 Calendar - 6,468 Facility- 1,915 Contact- 1,551 Albums- 1,579 During February the following websites were also updated Yelp.com - online directory and referral site Twitter.com - Followers 850 Google Places - updated map, images and office information Cvent - updated facility information Bestarenas.com - updated facility information, Featured arena in Feb. 2. Social Media Profile Stats Facebook.com - Likes 703 with a total of 296,906 friends of fans Facebook Reach (Statistics from Direct Page Analysis) Overall 28,509 USA 44 Mexico 12 Canada By City (Target outside of Brazos County - Top 7 Listed) 2,238 Houston 1,914 Austin 1,649 College Station 1,627 Dallas 1,579 San Antonio 1,035 Fort Worth 522 El Paso 3. Advertisina Full page Texas Meeting and Planners Guide (Spring Issue) Half page Brazos Valley Bride Vol. t ' pg, -7 4 2/3 page Insite Spring Issue (February) Facebook ads (March) Advertising was started on Facebook. 3 ad categories - Local, Out of Area, Event Planners Pay per 1000 impression Total Impressions 227,895 Pay per Clicks Total Clicks 33 Third Quarter Sales and Marketing Preview Multi -Day /Out of County Events to be held Aggie Super Circuit April 5 -7th Returning Event Bryan Breakfast Lion's Club Rodeo April 19 -215 Returning Event National Walking Horse Assoc. Region 6 Show April 20 -22nd Returning Event Central Texas Miniature Horse Show April 27 -29th Returning Event Texas Jr. Livestock Assoc. Camp /Clinic May 4 -6th Returning Event Wrap N 3 Barrel Race May 11 -13th New Event Special Olympics Equestrian May 18 -20th Returning Event Philipp Ranch Team Roping May 19 -20th Returning Event Brazos Valley Antique Show May 25 -27th New Event Texas Jr. Simmentol /Simbrah Show June 7 -10th New Event Southwestern Donkey and Mule Show June 7 -10th Returning Event TAMU Equestrian Team Camp June 15 -17th New Event District 9 4-H Horse Show June 19 -21 st Returning Event Lonestar Bowhunters Assoc. Banquet June 231 New Event Advertisina Full page Texas Meeting and Planners Guide (Summer Issue) Full page CVB Visitors Guide (April) Full page Cowboy Sports News (May, June) Half page Barrel Racer News (May, June) Quarter page Super Looper (April, June) 2/3 page Insite Summer Issue (May) Quarter page TSAE - Association Leadership (May /June) Quarter page SW Horse Trader (May, June) Facebook ads (April, May, June) Full page CVB Meeting Planners Guide (May, tentative) Full page CVB Sports Planners Guide (May, tentative) Vol. I & I pg. -15 Brazos County Purchasing Department Weekly Update 4/13/12 — 4/19/12 Number of PO's Processed: 57 Requisitions Completed: 1 Capital Payments: 2 Projects In Progress Construction Courthouse: Phase I & II - Touch -ups in progress Phase III - Currently working on detention area on 1 5r floor - Currently working on mechanical yard in courtyard area Bids/ RFP's/ RFQ's RFQ for Engineer for Pendleton Property RFQ for Surveyor RFQ for Tax Office Architect Transportation of Deceased Poly Jute Renewals Printing of Jury Summons Solicitation of Quotes None in progress at this time Other Vol. + (P , Pg - Awarded - Solicitation in progress - Solicitation in progress -To open 4/24 -Dept. reviewing specs - Awarded County Judge Auction - Only accepting items Purchasing Policy Reviewing and revising policy Assets - Assets from periods 5 are reconciled - Entering transfers that have transpired since beginning of FY 2012 Sanctuary Courtroom - Most items delivered and installed Print Management - Working with IT department to establish parameters for project I / Vol. pg.___7 __._..—