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HomeMy WebLinkAbout2012-11-6-10:00AM-REGULAR SESSIONs !. ::11 :';, -2 r 12: 09 I ' • BRAZOS COUNTY �. BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 6, 2012 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 20: $, Consideration for approval of Housing Choice Voucher allowina the County to receive rent money on property struck off of the rolls due to delina_uent taxes until it sells at public auction. This money can be applied to back taxes and court costs. 4. Authorization for the County Judae to elan sub-reclolent agreements for the 2012 Homeland Security Grant Program. 5, Approval of Humana Performance Guarantees, 6. Revised lob description for the two Assistant Managers of the Brazos Valley Fair & Exposition. 7, Consider and take action on the contract for failure to appear program offered by DPS through a vendor under Transportation Code Cheater 706. 8. Interlace' agreement with the Texas Aarilife Extension Service for an economic impact analysis of the Expo Complex for FY 2013, 9. Reauisitlon #00040476 to Sequel Data Systems in the amount of $10.586.40 for the I.T. Department to purchase a Network Storaae System, 10. Request permission to enter private property owned by Jimmie Arnold located on Planters Loon for the purpose of replacing roadway culverts and reshanina dralnaae channel into pond. Driveway culvert will also be replaced and ditch realigned to improve drainaae. This work Is beina performed for the health, safety and welfare of the aeneral public. Site Is located in Precinct 2, Vol. /7/ Pg. / 11 12 13 14 Consider and take action on the Verizon Communications utility permit to install service drop within and alone the West riaht-of-way of Deep Welt Road for 582' to address 8989. Site is located in Precinct 2. Consider and take action on the Wickson Creek S.U.D. utility permit to construct 6" road bore on Dilly Shaw Tap Road. This prolect will provide water service to customers in the area. Site is located in Precinct 2. Consider and take action on the Wickson Creek S.U.D. utility permit to construct 1 1/2" road bore on Frieda Lane. This protect will provide water service to customer at address 1639. Site is located in Precinct 2, Consider and take action on the Wickson Creek S.U.D. utility permit to construct 1 1/2" road bore on Reed Lane. This proiect will provide water service to customer at address 1788. Site is located in Precinct 2. 15. Consider and take action on the Verizon Communications utility permit to install service drop within and along the North right-of-way of Mark Street to address 8769. Site is located in Precinct 4. 16. Tax Refund Applications for the following: • a. Vanderbilt Mortgage and Finance, Inc. -overpayment -$5.93 17. Commissioners Court minutes for the following dates: • a. October 23, 2012 - Regular Meeting • b. October 30.2012 - Regular Meeting 18. Budget Amendments. 8udaet Amendments FY 12/13 6.1 thru 6.2, 19. Personnel Change of Status. Personnel Action Forms 20. Payment of Claims. 21. Acknowledgement of Quarterly Investment Report endina 9/30/12. 22. Acknowledgement of the 2012-2013 Sales & Marketing Plan for the Brazos County Expo. 23. Sheriff's report on inmate population. 24. Announcement of interest items and possible future agenda topics. 25. Call for Citizen input and/or concerns. 26. Adjourn. Vol. // Pg. 2 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 outer and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. 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 Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, 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. Vol. BRAZOS COUNTY BRYAN,TEXAS MINUTES November 6, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page.pdf la File Stamped Agenda.pdf la Sign in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, November 6, 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, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and/or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 20: Vol. / 7/ Pg. 3. Consideration for approval of Housing Choice Voucher allowing the County to receive rent money on property struck off of the rolls due to delinquent taxes until it sells at public auction. This money can be applied to back taxes and court costs. 0 Item 3.Ddf Approved as submitted. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 4. Authorization for the County Judge to sign sub -recipient agreements for the 2012 Homeland Security Grant Program. t Item 4 (12 -SR 48041-02).tif in Item 4 (12 -SR 48041-03).tif The grant period is from September 1, 2012 through April 30, 2014 for both agreements. The award amount for 12 -SR 48041-02 is $9,657.58 and the award amount for 12 -SR 48041-03 is $6,846.88. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 5. Approval of Humana Performance Guarantees. Item 5.Ddf A copy is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 6. Revised job description for the two Assistant Managers of the Brazos Valley Fair &amp; Exposition. 11- Item 6.odf A copy is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 7. Consider and take action on the contract for failure to appear program offered by DPS through a vendor under Transportation Code Chapter 706. Item 7.Ddf A copy 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 . 8. Interlocal agreement with the Texas Agrilife Extension Service for an economic impact analysis of the Expo Complex for FY 2013. Item 8.Ddf Approved as submitted. A copy is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by tv_oi. > 71 pg. Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 9. Requisition #00040476 to Sequel Data Systems in the amount of $10,586.40 for the I.T. Department to purchase a Network Storage System. Item 9.Ddf Requisition Number 00040476 approved as submitted. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 10. Request permission to enter private property owned by Jimmie Arnold located on Planters Loop for the purpose of replacing roadway culverts and reshaping drainage channel into pond. Driveway culvert will also be replaced and ditch realigned to improve drainage. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. Item 10.Ddf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 11. Consider and take action on the Verizon Communications utility permit to install service drop within and along the West right-of-way of Deep Well Road for 582' to address 8989. Site is located in Precinct 2. ' ? Item 11.Ddf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 12. Consider and take action on the Wickson Creek S.U.D. utility permit to construct 6" road bore on Dilly Shaw Tap Road. This project will provide water service to customers in the area. Site is located in Precinct 2. ID Item 12.Ddf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 13. Consider and take action on the Wickson Creek S.U.D. utility permit to construct 1 1/2" road bore on Frieda Lane. This project will provide water service to customer at address 1639. Site is located in Precinct 2. Item 13.0df Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 14. Consider and take action on the Wickson Creek S.U.D. utility permit to construct 1 1/2" road bore on Reed Lane. This project will provide water service to customer at address 1788. Site is located in Precinct 2. Item 14.pdf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Vol. % 7 / Pg. O Mallard , Peters , Wassermann . 15. Consider and take action on the Verizon Communications utility permit to install service drop within and along the North right-of-way of Mark Street to address 8769. Site is located in Precinct 4. t Item 15.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 16. Tax Refund Applications for the following: a. Vanderbilt Mortgage and Finance, Inc. -overpayment -$5.93 Item 16.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters Wassermann . 17. Commissioners Court minutes for the following dates: • a. October 23, 2012 - Regular Meeting • b. October 30, 2012 - Regular Meeting Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 18. Budget Amendments. Budget Amendments FY 12/13 6.1 thru 6.2. Item 18.pdf 6.1 Transfer DDEA funds from Contingency to various departments. 6.2 Reallocate funds for Capital Projects Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 19. Personnel Change of Status. Personnel Action Forms la Item 19.pdf A copy of the personnel Change of Status Requests is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 20. Payment of Claims. Claims Sheet.pdf la BILL LIST 11.06.12.pdf 7103964 through 7104135 Vol. / 7 / Pg. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5-0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 21. Acknowledgement of Quarterly Investment Report ending 9/30/12. 21 Item 21.Ddf The Court acknowledged receipt of the Quarterly Investment Report ending September 30, 2012. 22. Acknowledgement of the 2012-2013 Sales &amp; Marketing Plan for the Brazos County Expo. Item 22.i df The Court acknowledged receipt of the Brazos County Expo 2012-2013 Sales & Marketing Plan. 23. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 603 inmates in jail, 56 have electronic monitors and 21 are pending for monitors. 24. Announcement of interest items and possible future agenda topics. Commissioner Mallard attended the grand opening at the MCCM Building which is part of the BioMedical Corridor. Allan Munger, County Engineer asked interim MPO Director Bart Benthul to introduce the new MPO Director Brad McCaleb. The County Judge welcomed him on behalf of the court. 25. Call for Citizen input and/or concerns. 26. Adjourn. Vol. / 7/ Pg. t The foregoing minutes of the Commissioners Court meeting held November 6, 2012 have been examined and are approved in open Court this '7' day of . b j- , 2012, in Bryan, Brazos County, Texas . Duane Peters County Judge y C . Lena Commis oner, Precinct 2 Irma Cauley Commissioner, Precin ciu,(//e Attest: W Lloyd Wassermann Commissioner, Precinct 1 fa Kenny Mallard Commissioner, Precinct 3 Karen McQueen County Clerk Vol / 7/ Page 7 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ,/,),„ e 2012 AT /6 Name (PLEASE PRINT) Organization/Department /OR aPrks- 5po i4./J>/ _.. Tia..,. /7-g/d,-/V‘? 6,4, C.11'it UNkksj\cA Lrikclic72_ ("W" VAA- Palij.wiL /17tAr: Cie- Cv. Em (1R. uve____Aereficz. et -7 -PP\ (J#61- 141.?/,(211,- R TJ Y ' -'( LL, _-. AKi.i:S. ;1,,,, rua,- ,,-, 727 c,„„1--_, a,,),. J-,,o),,,,/sct ..k , 56Ati-Lat, We -- C- ,e_tc C4LDEcc 4_ T c-c.J v/, /0"o n a g 4r At et,. --hr Vol. / 71 pg. /O z BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2012 AT /B-oa Name (PLEASE PRINT) Organization/Department 1 qvk f L,v2 1 AVIS s ci_,4- s -LA mc_0/4,,, 13/(e. Apo ,ii, gg:7- /3E/ti,--gw., isc6m,d ' \\' C km livi, eibemac Wcitior T -e -,-oil 6, , , , , riA , ,. 67,, tor u, M 6o KAA,Y1 , el- . Vol. / 7/ Pg. /1 Owner/Owner's Agent Signature Brazos Valley Council of Governments Housing Choice Voucher Program If any of this information changes, it is the owner's responsibility to inform our office in writing within 10 days. Property Owner Legal Name: OWNER INFORMATION County of Brazos New Owner Yes / No Property Owner Social Security or Tax 1D#: Please Check One: ]ttSole Owner [ ] Corporation [ ] Partnership. Property Owner's Address, City, State & Zip Code: 300 E. William J. Bryan Parkway, Bryan, Texas 77303-5336 Property Owner's Phone & Fax Number(s): 979-361-4470; FAX 97.9-36.1-4487 E-mail address: kroe@co.brazos.tx.us Address(es) of the Unit(s): Complete for each property owned. Attach second page if additional space is needed. 909 Orlean St., Bryan, Texas 77803-2843 Are these property(ies) managed by more than one management company? [ ] Yes n No if so. complete entire form for each management company and property they manage. MANAGEMENT COMPANY / AGENT INFORMATION (if applicable) Mgmt Company Legal Name:. Mgmt Company Address: Mgmt Company Phone & Fax Number: Contact Person.& E-mail Address: Mgmt Company SSN or Tax ID h: ** We must have a copy of your management agreement if this section has been completed** PAYMENT INFORMATION Make Housing Assistance Check Payable to (Payee): AA Owner [ ] Management Company Mail Checks to (Payee): j COwner ( ] Management Company Who will receive the 1099? [i{}{Owner [ ] Management Company NOTE: IN ORDER TO BE ENTERED INTO OUR SYSTEM WE MUST HAVE A SIGNED W-9 FORM FROM THE. PI; ON/COMPANY RECEIVING THE 1.099. Date (Pig - DIRECT DEPOSIT The Housing Choice Voucher Program will soon offer direct deposit. If you are interested in direct deposit, please indicate below and additional forms will be sent to you. [ ] Yes. f{j{No Vv9. /7/ pg. /,1. SHERIFFS DEED (Taxing Unit Deed) 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 THE PUBLIC RECORDS: INTEREST OUR SOCIAL PROPERTY BEFORE IT IS SECURITY NUMBER OR YOUR FOR RECORD DRIVER'S LICENSE NUMBER. DATE OF SALE: September 4, 2012 DEFENDANT(S): Ernest Nowlin, Earline Pierce, Green Tree Servicing, LLC successor in interest to Conseco Finance Servicing Corporation, a limited liability company, The United States of America, through its agency and instrumentality, the Internal Revenue Service and The Attorney General of Texas, Case #0012004851 GRANTEE: The County of Brazos, Texas, in trust, for the use and benefit of itself and the City of Bryan and Bryan. ISD GRANTEE'S MAILING ADDRESS: 300 E. William J. Bryan Parkway, Bryan, Texas 77803-5336 CONSIDERATION: Minimum Required Bid of $33,000.00 not received. Bid in Trust pursuant to Sec. 34.01(j) Texas Tax Code PROPERTY: Lot 45, Block 7, Bryan's 1st Addition, City of Bryan, Brazos County, Texas (Volume 1540, Page 102) Tax Account No. 000000020325 TAX FORECLOSURE LAWSUIT: Cause No. 11 -003409 -CV -272, The County of Brazos, Texas v. Ernest Nowlin et al, 272nd Judicial District Court SHERIFF; Christopher C. Kirk COUNTY: Brazos County, Texas NEWSPAPER: Bryan Eagle DATES OF PUBLICATION:- August 12, 2012, August 19, 2012 and August 26, 2012 WHEREAS, by virtueof an Order of Sale issued by the Clerk of the 272nd Judicial District Court in and for COUNTY, pursuant to a Judgment rendered in the TAX FORECLOSURE LAWSUIT listed above, I, Sheriff, after having advertised the sale of said PROPERTY by giving notice of the time and place of sale by advertisement in the English language, published once a week for three consecutive weeks preceding such sale, the first publication appearing not fewer than twenty days immediately preceding the date. of sale, on the DATES OF PUBLICATION referenced above, in the NEWSPAPER, which newspaper is published in said COUNTY, stating in said. advertisement a description of the PROPERTY,. and by delivering a notice to the above named DEFENDANT(S), and on the. DATE OF SALE, listed above, within the hours prescribed by law, sold said PROPERTY at public venue at the courthouse door of COUNTY, at. which sale the PROPERTY was bid the market value of the PROPERTY, or the off the Judgment a there the PROPERTY,g no bid as ch asashown in the Judgment in the TAX FORECLOSURE gate amount of the gm g LAWSUIT. NOW, THEREFORE, I, Sheriff, in consideration of the premises aforesaid, have granted, sold and conveyed, and by these presents do grant, sell and convey to the GRANTEE all of the estate, right, title and interest which the DEFENDANT(S) in the TAX FORECLOSURE LAWSUIT had on the date said Judgment was rendered or at any time afterwards acquired, in and to the PROPERTY, together with, all and singular, the rights, privileges, and appurtenances to the same belonging. COPY Vol. / 7 Pg. /3 cwu,ldu„.•_'7T_ _ ?aA _'tt.'_ -.raL+ �..... `_"m _.—_.-`WQ.K.,a_ ,. - ,. �� Doc Bk Vol '` ,--... t 01133114 OR 10916 6'1 TO HAVE AND TO HOLD the PROPERTY unto the said GRANTEE, the GRANTEE'S successors and assigns, forever, as fully and as absolute as I, as Sheriff aforesaid, can convey by virtue of said Judgment and Order of Sale, subject, however, to the DEFENDANT(S) in the TAX FORECLOSURE LAWSUIT rights to redeem the same in the manner prescribed by law, and to such and further conditions and stipulations as may be applicable under the provisions, of TEXAS PROPERTY TAX CODE Chapter 34. This deed- is made expressly subject to all easements, restrictions and reservations of record in the COUNTY. When the context requires, singular nouns and pronouns include the plural. IN TESTIMONY WHEREOF, I have hereunto set my hand this 17th day of September, 2012. CHRISTOPHER C. KIRK Sheriff, Brazos County, Texas C STATE OF TEXAS COUNTY OF BRAZOS Before me, the undersigned authority, on this day personally appeared Christopher C. Kirk, Sheriff, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein stated, and in the capacity therein set forth. Given under my hand and seal of office, this 17te day After Recording, Return to: The County of Brazos, Texas 300 E. William J. Bryan Parkway Bryan. Texas 77803-5336 ,i N14♦-.v'Yt, - O Sept O C co o . lP ,J f• Ill CO CM a = N ti = 0 C se A I—. 111 A 'eV RD uoaray worm SD Ammo SOZV)JB Notary Pu$lic, State of Texas O Q --' CO -.4 a. .-• O Cr 0 S -4 0. = OyQj 'O ....iO "", a S C 0, _. _=. _, r,, •'1 A il.n 1.4 40 01 AO A n .."n a N C ., (71 CO, g R —' IL =+a dy —. L an ,_ 'C . rR , 7 -•.— C+ 1 n,(0 7 4. o = a- w O. R R .7 G B S 7) CO os ....4N id C �' a 7• iii -4 a 7 0 -7 O Gig C T 75Xco a QrQ.0 IC N _ - •.rry�� +41T� �•71[7tR+F.-moo — _ ..y —,,,f- _:n - .:;N12. t: �. — « ,', •..i _ _, .1r-ri�Afw_ :JagWnH auawnDo0 ✓W ZTOZ'IZ GIS :u0 ►.. W a - a O O p -, tef C", = a 7 R ..( CL I+ 7 O •• r •�x'•��'.. ..,} ._._fit. ,. _ Vol. f L y Form W (Rev. January 2011) Department of the Treasury Internal Revenue Service Name (as shown on your income tax return) Request:for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Business name/disregarded entity name, it different from above Check appropriate box for federal tax classification (required): O IndiviouaVsole proprietor O C Corporation ❑ S Corporation ❑ Partnership O Trust/estate O Limited liability company. Enter the tax classification (C=C corporation. S=S corporation, P=partnership) ❑ Other (see Instructions) I. Address (number. street, and apt. or suite no.) City, slate. and ZIP code. O Exempt payee Requester's name and address (optional) List account number(s) here (optional) Part I Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Names line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entitles, It Is your employer identification number (EIN). If you do not have a number, see How to get a T7Nonpage3. Note. If the account is in more than one name, see the chart on page 4 forguidelines on whose number to enter. Part II Taxpayer identification.Number (TIN) Certification Social security number I Employer Identification number I I I I Under penalties o perjury, lt' f ry1 certify that: 2. I am not subject to backup withholding because: (a) I aft exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am. no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross out.item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have.failed to report altinterest.and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to. an individual retirement arrangement (IRA), and generally, payments other than interestand dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions.on page 4. Sign I Signature of Here u.s,'person I. 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with -the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition•or abandonment of secured property, cancellation of debt, or contributions you made town IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting fora number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income frdm a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively -connected income. Crate ► Note. It a requester gives you'a form other than Form' W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership. corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined. in Regulations section 301.7701-7). Special rules for partnerships. PartnershiPs,that conduct a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a'Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to estabish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Vol. /7/ Pg. i Form W-9 (Rev. 1.2011) Texas Department of Public Safety 2012 Sub -Recipient Award for Brazos County I. General Award Information Reference/Encumbrance No: Date of Award: October 26, 2012 4. Sub -Recipient Name and Address Prepared By: Jenkins, Shane 3. SAA Award Number: 12 -SR 48041-02 5. Federal Grant Information Judge Duane Peters Brazos County 200 South Texas Ave., Suite 332 Bryan, TX 77803 6. Award Amount and Grant Breakdowns Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program(SHSP) Federal Grant Award Number: EMW-2012-SS-00018-S01 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Date Federal Grant Awarded to TxDPS: September 6, 2012 CFDA: 97.073 SHSP LETPA $9,657.58 Grant Period: From: Sep 1, 2012 To: Apr 30, 2014 (The SAA must receive all invoices by the end of grant period) 7. Statutory Authority for Grant: The Consolidated Appropriations Act 2012, Division D (Public Law 112-74), and the Homeland Security Act of 2002 (Public Law 107-296), as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53). 8. Method of Payment: Primary method is reimbursement. 9. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contractors/vendors are not debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/ 10. Agency Approvals Approving TxDPS Official: Machelle Pharr Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: 11. Sub -Recipient Acceptance I have read, understood and agree to this Sub -Recipient Agreement consisting of this Award and the attached Terms and Conditions. Signature of Sub-Reci \ C ent Official: DUNS Number: osaci (031 r Date Signed : l\`(oJ l 2_ DUE DATE: December 10, 2012 Signed Award with Terms and Conditions must be returned to SAA_SRA@dps.texas.gov on or before the due date. Print name and title of Authorized Sub -Recipient Official: atalW PtkreD draw, Coin( Jude Enter Employer Identification Nuitiber (EIN) or Federal Tax Identification Number: �1 t4— P P -P 3 {VOI. / 7/ pg. /‘ 2012 TERMS AND CONDITIONS Instructions: The Sub -recipient shall: 1. Fill in the information and sign. the Grant Sub -Recipient Award; 2. Certify they have read and.understand these Terms and Conditions; 3. Certify to the statements provided in Exhibits A. B, C and D located at the back of this document by filling in contact information and signing all exhibits; and 4. Return all documents via email to SAA_SRA@dps,texas.gov on orbefore the date provided in the transmittal letter and/or in this grant. Grant Sub-recicient Agreement This Grant Sub -recipient Agreement (consisting of this 2012 Grant Sub -recipient Award and these Terms and Conditions) is made and entered into by and between the Department of Public Safety / Texas Homeland Security State Administrative Agency, an agency of.the State of Texas, hereinafter referred to as "DPSITHSSAA," and the funds recipient, hereinafter referred to as the "Sub -recipient" or "Sub -grantee." Furthermore, DPS/THSSAA and the Sub -recipient are collectively hereinafter referred'to as the "Parties," This Grant Sub -recipient Agreement (SRA), or otherwise referred to herein as "this Grant" or "this Agreement", is only an offer until Sub -recipient returns the signed copy of this. Grant on or before the date provided in the transmittal letter and/or in this Grant Sub -recipient Award. The FY 2012' Homeland Security Grant Program (HSGP) funding plays an important role in the implementation of Presidential Policy Directive — 8 (PPD-8) by supporting the development and sustainment of core capabilities to fulfill the National Preparedness Goal (NPG). HSGP funding shall be used for costs related to the planning, organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and' recover from acts of terrorism and other catastrophic events. Sub -recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. If Sub -recipient issues subawards as part of this Grant project, Sub -recipient shall include and require its subawardeesto comply with the terms and conditions of this Grant. The FY 2012 Nonprofit Security Grant Program (NSGP) funding. plays an important role in the implementation of Presidential Policy Directive 8 (PPD-8) by supporting the development and sustainment of core capabilities to fulfill the NGP. NSGP provides funding for target hardening and other physical security enhancements and activities to nonprofit organizations that are. at high. risk of terrorist attack and located within one of the specific Urban Areas Security Initiative (UASI)-eligible Urban Areas. While this funding is provided specifically to high -risk nonprofit organizations, the program seeks.to integrate nonprofit preparedness activities with broader State and local preparedness efforts. The term "Sub -recipient agreement funds" as used in. this Grant means funds provided by DPS/THSSAA under the United States Department of Homeland Security (DHS) Federal Emergency ManagementAgency (FEMA) grant programs (also referred to herein as DHS/FEMA). The term "Sub -recipient's funds" or match funds as used in this. Grant means funds provided by the Sub -recipient. Overview and Performance Standards All allocations and use of funds under this Grant shall be in accordance with the FY 2012 Funding Opportunity Announcement (FOA) for the Federal Grant Title specified on this Grant, and such FY 2012 FOA is incorporated by reference herein.. Sub -recipient shall read, understand and accept the FY 2012 Funding Opportunity Announcement as binding. Standard of Performance: Sub -recipient shall perform all activities and projects entered into the DPS/THSSAA web -based grants management system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate local, regional and -state-level grant administrator(s). Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances — Construction Programs, hereinafter referred to as "Exhibit B" 3. Certifications, hereinafter referred to as "Exhibit C" 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" Failure to Perform. In the event Sub -recipient fails to implement the project(s) entered and approved in the DPS/THSSAA web -based grants management system, or comply with any provision of this Grant, Sub -recipient shall be liable to DPS/THSSAA for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other grant program funds administered by DPS until repayment to DPS/THSSAA is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by DPS. Environmental Review Sub -recipient shall assess its federally funded projects for potential impact to environmental resources and historic properties. Sub -recipient shall submit any .required screening form(s) as soon_as possible and shall comply with deadlines. established by DPS/THSSAA. Timelines for the Environmental Planning and Historic Preservation' (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. Sub -recipient shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any. activity prior to completion of FEMA's EHP review will result in a non-compliance findina and bPS/THSSAA will' not authorize or release grant funds for non -compliant projects. Vol. / 71 Pg. /7 Sub -recipient, as soon as possible upon receiving its grant award, shall provide information to DPS/THSSAA to assist with the legally -required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. Sub -recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 329. Sub -recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. Sub -recipient shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during project implementation, Sub -recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Sub -recipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Funding Obligations A. DPS/THSSAA shall not be liable to Sub -recipient for any costs incurred by Sub -recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/THSSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Sub -recipient Award. C. Sub -recipient shall contribute the match funds listed on the Grant Sub -recipient Award. D. Sub -recipient shall refund to DPS/THSSAA any sum of these grant funds that has been determined by DPS/THSSAA to be an overpayment to Sub -recipient or that DPS/THSSAA determines has not been spent by Sub -recipient in accordance with this Grant. No refund payment(s) shall be made from local. state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. Sub -recipient shall make such refund to DPS/THSSAA within thirty (30) days after DPS/THSSAA requests such refund. E. Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA's obligations under this Grant are contingent upon the receipt of adequate funds to meet DPS/THSSAA's liabilities hereunder, except as required by the Homeland Security Grant Program (HSGP). DPS/THSSAA shall not be liable to Sub -recipient for costs which exceed the amount specified in this Grant. Performance Period The performance period for this Grant is listed on the Grant Sub -Recipient Award. All aoods and services shall be received within the performance period AND all reimbursement requests shall be submitted to DPSITHSSAA within the performance period. Sub -recipient shall have expended all grant funds jd submitted reimbursement requests, and any invoices, in the DPSITHSSAA grant management system by the end of the performance period. DPS/THSSAA shall not be obligated to reimburse expenses incurred or submitted after the performance period. Uniform Administrative Requirements. Cost Principals and Audit Requirements Except as specifically modified by law or this Grant, Sub -recipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. 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 (the A-102 Common Rule); 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). 3. 44 C.F.R. Part 10, Environmental Considerations B. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) 4. 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. D. Grant Guidance (Funding Opportunity Announcement) Sub -recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2012 Funding Opportunity Announcement and supplemental resources for the HSGP currently available at htto://www hsao foa.odf and the Nonprofit Security Grant Program (NSGP), htto://www,fema.aov/pdf/aovernmenUorant/2012/fv 17.Ssao joa.ndf. Vol. / 7/ Pg.Le 1 DHS Specific Acknowledgements and Assurances Sub -recipient shall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 — Financial Assistance Award Standard Terms and Conditions (January 10, 2011), which is incorporated by reference herein. DHS requires those standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awards. Http://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdf. Sub -recipient acknowledges and agrees, and shall require any sub -recipients, subawardees, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub -recipient shall cooperate with any compliance review or complaint investigation conducted by DHS. 2. Sub -recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to this grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by OHS regulations and other applicable laws or program guidance. 3. Sub -recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Sub -recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three (3) years, Sub -recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, Sub -recipient shall provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against Sub -recipient, or Sub -recipient settles a case or matter alleging such discrimination, Sub -recipient shall forward a copy of the complaint and findings to the OHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Operation Stonegarden (OPSG) Specific Conditions If Sub -recipient is receiving Operation Stonegarden (OPSG) funds, Sub -recipient is prohibited from obligating or expending OPSG funds provided through this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order or Fragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border Protection/Border Patrol (CBP/BP). Each Operations Order will be transferred via the secure portal (CBP/BP) BPETS system from each respective AOR Sector HO to CBP/BP HO in Washington, D.C., for review and pre -approval for Operational continuity, then forwarded to FEMA GPD/PGD OPSG Program Office for final review/approval. Official notification of approval will be sent by FEMA via email to DPS/THSSAA and CBP/BP HQ in Washington, D.C. 1. Sub -recipient shall develop and submit required operational documents through the border area's Integrated Planning Team. 2. Sub -recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which will articulate the intent of how OPSG funds will be used throughout Sub -recipient's grant performance period. 3. If Sub -recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request for an overtime waiver shall be submitted through the Integrated Planning Team. 4. Sub -recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan. 5. Sub -recipient shall only initiate tactical operations after the specific Operations Order(s) are approved through the Border Patrol Headquarters and by FEMA, and the DPS/THSSAA has issued a Grant Sub -recipient Award or GAN to the jurisdiction. State Requirements for Grants Sub -recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, State Administrative Agency Information Bulletins, available at htto://www_txdos.state.tx.us/director staff/saa/informatioft bulletins.htm, Texas Uniform Grants Management Standards (UGMS) at htto://www.aovemor.state.tx.us/files/state-arants/UGMS062004,doc and the State Administrative Agency Sub -recipient Manual, available at htto://www.txdos.statelx.us/director staff/saa/documents/subrecioientManual.ndf. Sub -recipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application. Sub -recipient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follows: 1. Grant funds may not be expended for a grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, unless the law enforcement agency requesting the grant is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. 2. Grant funds may not be granted to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. 3. Grant funds may not be expended to a unit of local g porting requirements are satisfied: Dvernment unless the following limitations and re Vol. / 7 / Pg. / J a, Texas General Appropriations Act, Art. IX, Parts 2 and 3; except there is no requirement for increased salaries for local government employees; b. Texas, Government Code Sections 556.004, 556.005, and 556.006, including not using any money or vehicle to support the candidacy of any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose; and not using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered lobbyist; c. Texas Government Code Sections 2113.012 and 2113.101 including not using grant funds to compensate any employee who uses alcoholic beverages on active duty plus Sub -recipient may not use ,grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act, Art. IX, Section 6.13 requiring Sub -recipients to make every effort to attain key performance target levels associated with this grant award, including performance milestones,. milestone time frames, and related performance reporting requirements; and e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, includinggrant funds may only be expended. if Sub -recipient timely completes and files, its reports. Restrictions and General Conditions A. Use.of Funds .DHS grant funds may only used for the purposes set forth in this grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. B. J.obbvina Prohibited. No funds shall be expended by Sub -Recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions may be found at 31 U.S.C. §1352. Further, Sub -Recipient understands and agrees that it shall not use.any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval•of FEMA. C. Transferrina Funds. Sub -recipient is prohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG) without a properly executed GAN. D. Federal Employee Prohibition. Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. E. Cost Caleaories, There may be limitations on the use of HSGP funds for the categories of costs listed below. For additional details on restrictions on the use of funds, refer to the FY 2012 HSGP FOA, Appendix C, Funding Guidelines. t Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training 6. Exercises 7. Maintenance and Sustainment 8. Critical Emergency Supplies 9. Construction and Renovation F. Govemino Board Aoproval. In cases where local funding is.established by a COG or an Urban Area Security Initiative (UASI) governing board, the release of funds by DPS/THSSAA is.contingent upon funding allocation approval by the governing board. G. Notices. All notices or• communications 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 or Loan Star, to the other party at its respective address. For notice to DPS/THSSAA see address set forth below. For Sub -recipient, see the address listed on the Grant Sub -Recipient Award page or Point of Contact address listed for the Sub -recipient in the DPS/THSSAA Grants Management System (SPARS). DPS/THSSAA Contact Information Deputy Assistant Director Texas Homeland Security State Admin. Agency Texas Department of Public Safety i P.O. Box 4087 Austin, TX 78773-0220 H. ':'Points of Contacts. Within 30 days of any change, Sub -recipient shall notify DPS/THSSAA of any change or correction to the chief elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system. Vol. _ l 7 I Pg.2 I. DUNS Number. Sub -recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or htto://fedoov.dnb.com/webform. J. Central Contractor Registration and Universal Identifier Requirements. Sub -recipient maintains that it has registered on www.ccr.aov www.sammv/, or other federally established site for contractor registration, and entered DPS/THSSAA-required information. Sub -recipient shall keep current, and then review and update the CCR information at feast annually. Sub -recipient shall keep information current in the CCR/SAM database until the later of when it submits this Grant's final financial report or receives final grant award payment. Sub -recipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See section .210 of OMB Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. K. Indirect Cost Allocation Plan. Sub -recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by Cognizant Agency to DPS/THSSAA within 30 calendar days of the approval. "Cognizant agency" means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies at htto://narvester.census.00v/sacJdissem/aso/reports.aso. Unless the basis of the cost plan changes, Sub -recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed to SAA RRt dos.texas.00v. The Sub -recipient name shall be included in the file name and subject line of the email transmittal. L. Reoortino Total Compensation of Sub -recipient Executives. 2 C.F.R. §170.320; see FEMA Information Bulletin 350. 1. Applicability and what to report: Sub -recipient shall report whether Sub -recipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.32O. Sub -recipient shall report whether 80% or more of Sub -recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub -recipient answers "yes" to both questions, Sub -recipient shall report, along with Sub -recipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Sub -recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report: Sub -recipient shall report executive total compensation at www.ccr.aov www.sam.aov/ or other federally established replacement site. By signing this Grant, Sub -recipient certifies that, if required, Sub -recipient's jurisdiction has already registered, entered the required information, and shall keep information in the CCR/SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub -recipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. M. Direct Deposit. If Sub -recipient has not received HSGP reimbursements from DPS/THSSAA within the past eleven (11) months (prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub -recipient shall be emailed to SAA RRt dos.texas.aov. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. 'Sample County DD form"). The direct deposit form is currently available at httn://www.window.state.tx.us/taxinfottaxforms/74-176.odf. Sub -recipient may simultaneously sign up for the Advance Payment Notification (APN) email feature which provides State ot'Texas payees with a one -business -day advance notice that a direct deposit payment has been sent to its financial institution. After receiving an APN. a payee may securely access its payment details online. N. Procurements. Sub -recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 44 C.F.R. §13.36. O. Contract Provisions. All contracts executed using funds granted under this Grant shall contain the contract provisions listed under 44 C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds granted under this Grant, Sub -recipient shall determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department and agency and shall confirm the vendor/subawardee does not have any active "Exclusions" by reviewing the vendor/subawardee entity information at httos://www.sam.aov/oortal/public/SAM/. O. Management and Administration, If this Grant includes a specific award of funds to Sub -recipient for management and administration (M&A), Sub -recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A, refer to Information Bulletin 365 located at htlo://www.fema.gov/aovernment/arant/bulletins/index.shtm#1/ R. Personnel Cap. Up to fifty percent (50%) of all HSGP awards received by Sub -recipient 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, use of HSGP funding to pay for staff and/or contractor regular time or overtime/backfill, among other items. are considered personnel -related costs. Sub -recipient may request a waiver to the 50% personnel cap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at SAA 66 dos.texas.gov. Requests for waivers shall be submitted on official Sub -recipient letterhead and be signed by an authorized official of Sub -recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379. S. Property Management and Inventory. At least every two (2) years, Sub -recipient shall take a physical inventory and shall reconcile the results with property records, Sub -recipient shall maintain Property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (See sample inventory record format at htto://www.txdps.state.tx.us/director staNsaa/audiLand_gomoliance.htm ) Sub -recipient shall develop and implement a control system to prevent loss, damage or theft of property and Sub -recipient shall investigate and document any loss, damage or theft of property funded under this Grant. T. Publications. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine, journal, or trade paper, shall include the following: 'This material is based upon work supported by the U.S. Department of Homeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security." Vol. l7l U. Acknowledgement of Federal Fundina from DHS. Sub -recipient shall comply withrequirements to acknowledge Federal funding when issuing•statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. V. Use of DHS. DPS. and OPS/THSSAA Seals and Non -Endorsement. Sub -recipient shall obtain OHS, DPS, or DPS/THSSAA's prior written approval before using any of these agencies' seal(s), logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies' seals, etc., including use of the United States Coast Guard seal, logo, crests, or reproductions of flags•or likenesses of Coast Guard officials. W. Coovriaht. Sub -recipient shall comply with requirements regarding publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or.other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, Sub -recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. Sub -'recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under this Grant. Further, 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 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. Sub -recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are purchased with this funding. •X. Quarterly Performance Recoils. Sub -recipient shall submit performance reports and progress reviews per DPS/THSSAA and/or FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) day after the end of each calendar quarter: January 20, April 20, July 20 and October 20. or as otherwise specified or required by DPS/THSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information requests. Failure to timely complete a performance report will result in Sub -recipient being unable to request additional reimbursements/advances and may affect future funding. Y. Site Visits. DHS and/or DPS/THSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on the premises of Sub -recipient or a contractor under this Grant, Sub -recipient shall. provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All.site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Z. Limited English Proficiency (Civil Rights Act of .1964. Title VI). Sub -recipient shall comply with the requirements. of EC 13166, Improving Access to Services for Persons with' Limited. English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English' proficiency (LEP). To ensure compliance with Title VI, Sub -recipient shall take reasonable steps to ensure that LEP persons have meaningful access to Sub -recipient's programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Sub -recipient is encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets.and in conducting programs and activities. For assistance and information regarding LEP obligations, go to htto://www.leo.aov AA. Protection of Human Subiects: Sub -recipient shall comply with the requirements of the Federal regulations at 45 C.F.R. Part 46, which requires that Sub -recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Sub -recipient shall comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered' research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women,'and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 C.F.R. Part 46. BB. National Flood Insurance Act of 1968. Sub -recipient shall comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a stricture insured under the Act thatis located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse•or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63. CC. USA Patriot Act of 2001. Sub -recipient shall comply with the requirements of the Uniting and. Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of.a type or in a quantity that is not reasonably justified by a prophylactic, protective,. bona fide research, or other peaceful purpose. The Act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the Act, may not possess, 'ship, transport, or receive any biological agent or toxin that is listed as a select agent. DD. Fly America Act of 1974. Sub -recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and Comptroller General's guidelines. •EE:, Activities Conducted -Abroad. Sub -recipient shall comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and' that appropriate' licenses, permits, or approvals are obtained: Vol. / 71 P9• al FF. TrafficlCino Victims Protection Act of 2000. All recipients of financial assistance shall comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub -recipient: (a) engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect; or (c) uses forced labor in the performance of the award or subawards under the award. DPS/THSSAA is authorized to terminate this award, without penalty, if the above condition is violated. Sub -recipient shall include this condition in any subawards or contracts it makes as a result of this Grant. Full text of the award term is provided at 2 C.F.R. §175.15. GG. Americans with Disabilities Act of 1990,, Sub -recipient shall comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C. §§ 12101-12213. HH. Public Dissemination of Sensitive Information. Sub -recipient shall notify DPS/THSSAA of any workshops, conferences, seminars or other public venues at least one hundred (100) calendar days before presenting any potentially sensitive information regarding this project. No sensitive information may be presented by Sub -recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review and prior written approval. II. Security ConcemsNiolations. Sub -recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) calendar days of Sub -recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information. In the event that sensitive information is divulged in violation of Sub -recipient's security procedures, Sub -recipient shall immediately notify the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. JJ. Classified Security Condition 1. No funding under this award shall be used to support a contract, sub -award, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for that access to such information. 2. "Classified national security information" as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 3. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, sub -award, or other agreement for goods or services that will include access to classified national security information by the contractor, sub-awardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Branch Program (ISBP), or an appropriate official within the Federal department or agency with whom the classified effort will be performed. 4. Such contracts, sub -awards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008: EO's 12829, 12959, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives or instruction. All security requirement documents are currently located at: htto:llwww,dhs/. ov/xoonb i zJerants/index. shtm. 5. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, sub -award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub -award, or other agreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346, Email: DD254AdministrativeSecujjidhs.gov, Mail: Department of Homeland Security, Office of the Chief Security Officer, ATTN: ASD/Industrial Security Program Branch, Washington, DC. 20528 Other Requirements A. During the performance period of this Grant, Sub -recipient, counties, cities, towns, and Indian tribes shall maintain an Emergency Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (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 Sub -recipient's plan, Sub -recipient shall correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM. B. Projects identified and approved in the DPS/THSSAA 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 this Grant. Sub -recipient shall submit project plans, milestones, outputs/outcomes, narratives and budget to DPS/THSSAA and FEMA (if required) for approval prior to expending or requesting advances of any funds for this Grant. Sub -recipient shall enter appropriate project milestones into the DPS/THSSAA web -based grants management system within 60 days after award or by the deadline established by DPS/THSSAA, whichever is sooner. Sub -recipient shall report on project status and accomplishments (milestones and outputs/outcomes) in the format(s) and timeframes as required by DPS/THSSAA. C. During the performance period of this Grant, Sub -recipient shall: 1. Participate in a legally -adopted county and/or regional mutual aid agreement. 2. Implement the National Incident Management System (NIMS) in a manner consistent with the NIMS Implementation Objectives outlined by FEMA at htto://www.fema.aov/imolementation-and-comoliance-auidance-stakeholders#item4. 3. Be a registered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management system specified by DPS/THSSAA) and shall identify, resource type, and credential all major deployable 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. htto:l/www.fema.gov/emergency/nims/ResourceM nomnt.shtm#item3. Vol. /V pg. . D. Regional Planning Commissions/Council of Governments (COGs) shall follow guidelines listed in the DPS/THSSAA FY2012 COG Statement of Work. Monitoring Sub -recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program -related criteria are met. DPS/THSSAA, or its authorized representative, reserves the right to perform periodic'desk/office-based and/or on -site monitoring of Sub -recipient's compliancewith this Grant and of the adequacy and timeliness of Sub -recipient's performance pursuant to this Grant. After each monitoring visit, DPS/THSSAA shall provide Sub -recipient with a written report of the monitors findings. If the monitoring report notes deficiencies in Sub -recipient's performance under this'Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Sub -recipient. Failure by Sub -recipient to take action specified in the monitoring report may be cause.fo► suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. Audit Audit of Federal and State Funds. Sub -recipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by. the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26). Sub -recipient shall comply, as applicable, with Texas Government. Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. Right to Audit. Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of their duty•authorized representatives, access to and the right to conduct a financial or compliance audit•of grant funds received and performances rendered under this Grant. Sub -recipient shall permit DPS/THSSAA or its authorized representative to audit Sub -recipient's records: Sub -recipient shall provide any documents, materials or information necessary to facilitate such audit. Sub -recipient's Liability for Disallowed Costs. Sub -recipient understands and agrees that it shall be liable to DPS/THSSAA for any costs disallowed pursuant to any financial or compliance audit(s), of these funds. Sub -recipient furtherunderstands and agrees that reimbursement to DPS/THSSAA of such disallowed costs shall be' paid by Sub -recipient from funds that were not provided or otherwise made available to Sub -recipient pursuant to this Grant or any other federal contract. Sub-recioient's Facilitation of Audit. Sub -recipient shalltake such action to facilitate the performance of such.audit(s) conducted pursuant to this Section as DPS/THSSAA may require of Sub -recipient. Sub -recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Sub -recipient and therequirement to cooperate is included in any subcontract it awards. State Auditor's Clause. Sub -recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Sub -recipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Sub -recipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub -recipient relating to this Grant. Retention and Accessibility of Records Retention of Records. Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB Circular, 44 CFR Section 13.42, UGMS §_ 42, and this Grant. Sub -recipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or DPS/THSSAA may direct Sub -recipient to retain documents or to transfer certain records to DHS custody when DHS determines..that the records possess longterm retention value. Access to Records. Sub -recipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas Slate Auditor, DPS/THSSAA, orany of its 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 Sub -recipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as tong as the records are retained by Sub -recipient. Sub -recipient shall maintain such records in .an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. Inclusion in Subcontracts. Sub-recipientshall include the substance of the Retention of Records and Access to Records section herein in all subcontracts. After Action Reporting. Sub -recipient shall complete, deliver to the appropriate source, and retain copies of all after -action reports and certificates of completion for alttraining and exercises paid for by this grant. Legal Authority Signatory Authority. Sub -recipient assures and guarantees that Sub -recipient possesses the legal authority to enter into this Grant, receive grant funds and to perform the project Sub -recipient has obligated itself to perform pursuant to this Grant. Authorized Representative. The person or persons signing and. executing this Grant on Sub -recipient's behalf do warrant and guarantee that he/she•has been duly authorized by Sub -recipient to execute this Grant on Sub -recipient's behalf and to validly and legally bind Sub -recipient to all terms and conditions and performance obligations. Conflicts imReauirements. If conflict exists between federal, state, or local requirements, Sub -recipient shall comply with the strictest requirement. Vol. /7/ Pg. Notice. of Litigation and Claims Sub -recipient shall give DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative• agency, filed against Sub -recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub -recipient shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub -recipient with respect to such action or claim. No Liability for Employees and Officers DPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub -recipient, regardless of where the individual's actions or omissions occurred. Non -Waiver of Defaults Any failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to avail itself of'same. A waiver does not become effective unless DPS/THS.SAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its rights, as such rights, powers, privileges, and remedies are•specifically preserved. Changes and Amendments Modification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in writing. any subsequent request for funds indicates Sub -recipient's acceptance of the changes to the award. Any alteration, addition, or deletion to this Grant by Sub -recipient is not valid. Written Amendment. .Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shall be made through an executed Grant Adjustment Notice (GAN). Authority to Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serve to establish, interpret or clarify this Grant's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMA in the form of Information Bulletins and Sub -recipient Manuals.and shall have the effect of modifying this Grant and shall be binding upon Sub -recipient as if written in this Grant. Effect of Chanaes in Federal and State Laws, Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become 'effective upon the date designated by such law or regulation. In the event FEMA or'DPS/THSSAA determines that changes are necessary to this Grant after an award has, been made, including changes to the period of performance or terms and conditions, Sub -recipient shall be notified of the changes in writing. Once notification hasbeen made, any subsequent request for funds will indicate Sub -recipient's acceptance of the changes to this Grant. Headings Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the terms and conditions or be used to interpret or assist in the construction of this Grant. Venue Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. Suspension In the event Sub -recipient fails to comply with any term of this Grant, DPS/THSSAA may, upon written notification to Sub -recipient, suspend this Grant, in whole or in part, withhold payments to Sub -recipient and prohibit Sub -recipient from incurring additional obligations of this Grant's funds. Termination DPS/THSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if DPS/THSSAA determines that Sub -recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice of the termination and include: 1. The reason(s) for such termination; 2. The effective date of such termination; and 3. In the case of partial termination, the portion of this Grant to be terminated. Appeal may be made to the Deputy Director of Homeland Security, Texas Department of Public Safety. Enforcement 'If Sub -recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in.a state plan orapplication, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the following actions, as.appropriate in the circumstances: 1: ' Temporarily withhold cash payments pending correction of the deficiency by Sub -recipient or more severe enforcement action by DP•S/THSSAA or DHS; 2. Disallow, that is, deny both use of funds and matching credit for, all or part of the cost of the activity or action not in compliance; el. /7/ 2.5 3. Wholly or partially suspend or terminate this Grant for Sub -recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. In taking an enforcement action, DPS/THSSAA will provide Sub -recipient an opportunity for a hearing, appeal, or other.administrative proceeding to which Sub -recipient is entitled under any statute, or regulation applicable to the action involved. The costs of Sub -recipient resulting from obligations incurred by Sub -recipient during a suspension or after termination of this Grant are not . allowable unless DPS/THSSAA or DHS expressly authorizes them in the notice of suspension or termination or subsequently. Other Sub -recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred by Sub -recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non -cancellable; and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of'the funding period in which the termination takes effects. The enforcement remedies identified in this section, induding suspension and termination, do not preclude Sub -recipient from being subject to `Debarment and Suspension" under E.O. 12549. 44 C.F.R. §13.35. Conflict of Interest No employee, officer or agent of Sub -recipient shall participate in the selection, or in the award or administration of a contract supported by . Federal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety. Closing of the Grant A. DPS/THSSAA will close a sub -award after receiving Sub -recipient's final quarterly 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 award modifications and payments. If the close out.review and reconciliation indicates that Sub -recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Sub -recipient. If Sub -recipient did not use all the funds received, DPS/THSSAA will issue a Grant Adjustment Notice-(GAN) to recover the unused funds. Sub -recipient will return the funds to the DPS/THSSAA within 30 days of receiving the GAN. B. At the completion of Sub -recipient's performance period, DPS/THSSAA will de -obligate all uncommitted / unexpended funds. C. The closeout of this Grant does not affect: 1. DHS or DPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Sub -recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Sub -recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Official Thane_ c_1t..rl5 Title 1A/61 I ature o Authorized Official Date Vol. /7( pg. 02‘ EXHIBIT A ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 4248 As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest. or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728'.4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6., Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI•of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 ofthe•Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse. and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statutes) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (P.L. 91-646) which provide for fair.and equitable treatment of persons displaced or whose property.is acquired as a result of Federal or federally-assisted_programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction sub -agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for DHS grant -supported activities, DHS-FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management prograin developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection.of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205), 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the• awarding agency in assuring compliance with Section 106.of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties); and the Archaeological and Historic Preservation Act of 1974 (16 U.S:C. §§469a-1 et seq.). • '14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of human. ' subjectsinvolVed in research, development, and related activities supported by this award; "Research" "means a systematic investigation, •including'research, development, testing, and evaluation designed'todevelop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children •(Subpart.0)..See also state and local law for research using autopsy materials. • 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment fur vertebrate animals bred for commercial sale, used in research, transported commercially. or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals . 16. WIII comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this program. Please fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized OfficialDUtt e., Peieris Title ,zuni4,� �doje, J cipient • . _ '.n 6[ti7.,0j t . 1-4!?f__ Signature of Authorized Offal D to EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and: completion of project described in this agreement. 2. Will give the Department. of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system• in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms. of the real property titleor other interest in the site and facilities without permission and instructions from the awarding: agency. Will record the Federal awarding agency directives and will include a covenantin the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. .4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. MI provide and maintain competent and adequate -engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7: Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply.with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq:) which prohibits the use of lead -based pain in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records;: (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statue(s) which' may apply to the agreement. • 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of. the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction sub -agreements. 14. Will comply with flood insurance purchase requirements.of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. andExecutive Order (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with.EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of. the nation's waters;(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as 'ainended:(P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). • 16. ,WilI•comply with'the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential 'components ofthe national wild and scenic rivers system. Vol. l 7/ Pg- v? 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be• performed the required financial and compliance audits in accordance -with the Single Audit Ad Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws,• executive orders, regulations, grant guidance and policies governing this program. Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official Title alle P6C(S CvANt use. Signature of Authorizedbfficial Vol, 7/ Pg. Exhibit C Certifications The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief. A. No Federal appropriated funds have been paid or will 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 or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub -awards at all tiers (including subcontract, sub -grants, and contracts 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 which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification). The Sub -recipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub -recipients can access debarment information by going to www.eols.aov or www.sam.00v and the State Debarred Vendor List www.window,state.tx.us/orocurement/oroo/vendor Performance/debarred.. 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a 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 agreement had one or more public transactions (Federal, State, or local) terminated for cause or default; or 5. Where the sub -recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. (Federal Certification) E. 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. F. Sub -recipient must comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and sub -recipient must require such compliance in any sub -grants or contract at the next tier. G. Drug -free Workplace Act, as amended, 41 U.S.C. §701 et seq. — Requires the recipient to publish a statement about its drug -free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be carried out. Also, place(s) where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F.R. Part 17. Sub -recipient shall comply with the requirements of the Drug -Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. H. Sub -recipient agrees that it is not delinquent on any Federal debt. I. Sub -recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. J. Sub -recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official Si• ature of • uthorized Official Duart 4,iers EXHIBIT D State of Texas Assurances As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub -recipient's governing body or of the Sub -recipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Sub -recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub -recipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub -recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and sub -recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section .36 for additional guidance on contract provisions). — 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub -recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area havina special flood hazards Vol. 1 7/ Pg. _3.Z 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO.11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved slate management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans underSection 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 17. Shall comply with the Wild and Scenic'Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system,> 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 1'1593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544. as amended, 7 U.S.C. §§213.1 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based .paint in construction or rehabilitation of residential structures. • 21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. Certifies that is and its principals are eligible to participate and have not been subjected. to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://www.sam.00vioortal/oublic/SAM/ 25. Shall adopt and implement applicable provisions of the model .HIV/AIDS work place guidelines of the Texas Department of Health as required bythe Texas Health and Safety Code, Ann., Sec. 85.001, et seq. • Please fill in the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official' 'RAW c1c_r5 Title -recipient Si. atureofAuthorize ' fficial Vol. / 7/ Pg. 33 1. General Award Information Texas Department of Publoc'Safety 2012 Sub -Recipient Award for Brazos County Reference/Encumbrance No: Date of Award: October 26, 2012 Prepared By: Jenkins, Shane 3. SAA Award Number: 12 -SR 48041-03 4. Sub -Recipient Name and Address Judge Duane Peters Brazos County 200 South Texas Ave., Suite 332 Bryan, TX 77803 5. Federal Grant Information Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program(SHSP) Federal Grant Award Number: EMW-2012-55-00018-501 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Date Federal Grant Awarded to TxDPS: September 6, 2012 CFDA: 97.073 6. Award Amount and Grant Breakdowns SHSP $6,846.88 Grant Period: From: Sep 1, 2012 To: Apr 30, 2014 (The SAA must receive all invoices by the end of grant period) 7. Statutory Authority for Grant: The Consolidated Appropriations Act 2012, Division D (Public Law 112-74), and the Homeland Security Act of 2002 (Public Law 107-296), as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53). S. Method of Payment: Primary method is reimbursement. 9. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contractors/vendors are not debarred,suspended, proposed for debarment, wwws declared ineligible Jportaor publ voluntarily excluded by any federal department or agency and do not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/ Agency Approvals Approving TxDPS Official: Machelle Pharr Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: 11. Sub -Recipient Acceptance I have read; understood and agree to this Sub -Recipient Agreement consisting of this Award and the attached Terms and. Conditions. Print name and titl of f Authorized Sub -Recipient Official: S Duane- Enter Z/ 'dents EnN ber (EIN) o DUNS Number: 7ntifi&tion Fedetal Ta 3 c3 3q (003(P/ Signed Award with Terms and Conditions must be returned to SAA SRA@dps.texas.gov on or before the Signau(e of nt Official: DUE DATE: December 10, 2012 due date. DateS/: Vol. / 7/ Pg. J7 2012 TERMS AND CONDITIONS Instructions: The Sub -recipient shall: 1. Fill in the information and sign the Grant Sub -Recipient Award; 2. Certify they have read and understand these Terms and Conditions; 3. Certify.to the statements provided in Exhibits A, B, C and 0 located at the back of this document by filling in contact information and signing all exhibits, and 4. Return all documents via email to SAA_SRA@dps.texas.gov on or before the date provided in the transmittal letter and/or in this grant: Crant Sub-recipie Agreement and these ns into by and between the Department o Public Safety 7of this 2012 rant Texas Home and Secuient rity State Admen strait ve Agency, Conditions) is )agency of the entered by State of Texas, hereinafter referred to as "DPS/THSSAA," and the funds recipient, hereinafter referred to as the "Sub -recipient" or -rties." This Grant Sub -grantee." me t Agreement (SR A) or otherwise referred to here n as "this Grant" oient are r "this Agreement", hereinaftet es only an offed to as r until Sub -recipient Sub -recipient returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub -recipient Award. le in the imPlementation of Presidential Directive FY 2012 Homeland by supportingprthe developramment andfsustainment of cors an e capabilortant ities to fulfill the National Preparedness Goal Policy Directive i (PPD-8) HSGP funding shall be used for costs related to the planning, organization, equipment, training, and exercise needs that prevent, protect against,. mitigate, respond to, and recover from acts of terrorism and other catastrophic events. or consent ofSSAA. If Sub -recipient issnot ues s bawards as partrof this Grant project, Sub -recipient shallinterest in this Grant without the includeand require its subawardees sdo comply with the Sub -recipient terms and conditions of. this Grant. The FY 2012 Nonprofit8) supporting the d velopment and sustNSGP) dainment of co a s an capabil ties ortant role in fulfill the NGP. NSGP providesPresidential fund funding for target hardeningDirective ( ) Y and h risk of terrorist attaok and loca edi and onother fphysical the specficc Urban Areas Security Initiativeies to .(UASI)-el nonprofit Urban Areas. that Whileare th s funding is provided specifically to located within high -risk nonprofit organizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. The term "Sub -recipient agreement funds" as used in this Grant means funds provided by(FEMDPS/THSSAA grant grog msd (unealso the United ed to t herein as Department of Homeland Security (DHS) Federal Emergency Management Agency DHS/FEMA). The term "Sub -recipient's funds" or match funds as used in this Grant means funds provided by the Sub -recipient. Ove ew d Perf ce S a rds uncement All A) fo es edeuse Graf nt Title specified o rth s Grant, and such FY 2012with FOA is incorporated y refOperence herein Sub -recipient (FDA) for the Federal shall read, understand and accept the FY 2012 Funding Opportunity Announcement as binding. Standard of Performance. Sub -recipient shad perform,all activities and projects entered into the DPSITHSSAA web -based grants management re ion system which are rgdm n straatorr((s). S b -recipient shall perforchange toa ms ll activect ties ll n accive ordance rior withaall erms, prthe ovis ons�and to recal, regions) and state le grant requirements set forth in this Grant, including but not limited to the following Exhibits: '1. Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances — Construction Programs, hereinafter referred to as "Exhibit B" 3. Certifications, hereinafter referred to as "Exhibit C" 4. State of Texas Assurances, hereinafter referred to as "Exhibit 0" roved in the DPSfTHSSAA web -based Failureto Perform. In the event Sub -recipient fails to implement the project(s) entered and be liable to app grants the aamount of or this Grant and with be bared from applying for n of this Grant,, bor receiving g ient additio al DHS FEMA grant program funds ornot any exceed the award maySuntil grant resolved, in addition to e any otherr remedy specifiedt in this Grant. Failure lure to timely implement projother ects mayiance rreduit ce future funding fundinginsatisfactorily funding in additional DHS/FEMA and/or other grant.programs administered by DPS. ,Environmental Review erties. Sub -recipient shall assess its shall submit any required screening funded form(s) Ojects r assoonas ptential ossible and shall comply with deadact to environmental resources linestestaotic blished by • Sub -recipient Planningand com leX ty o tTimelines he projectfand the potent al for environmental or historical pact ,Sub --recipient review shall include srocess will ufficient nt rebased view the comp . tywith EHP requirements. Initiation of an activity prior to completion of FEMA's time within its project management plan to comply • •EHP review will resultin anon -compliance finding and DPSfTHS,SAA will not authorize or release arant funds for noncompliant grbiects. Vol. /7/ Pg.g„.5- Sub -recipient, as soon as possible upon receiving its grant award, shall provide information to DPS/THSSAA to assist with the legally -required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using. the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, 'and EO 12898 — Environmental Justice. Sub -recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 329. Sub -recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. Sub -recipient shall comply with all mitigation ortreatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during project implementation, Sub -recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Sub -recipient shall immediately cease construction, in that area and notify FEMA and the appropriate State Historical Preservation Office. funding Obligations A. DPS/THSSAA shall not be liable to Sub -recipient for any costs incurred by Sub -recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments, and other obligations incurred by DPS/THSSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Sub -recipient Award. C. Sub -recipient shall contribute the match funds listed on the Grant Sub -recipient Award. D. Sub -recipient shall refund to DPS/THSSAA any sum of these grant funds that has been determined by DPS/THSSAA to be an overpayment to Sub -recipient or that DPS/THSSAA determines has not been. spent by Sub -recipient in accordance with this Grant. No refund payment(s) shall be made from local; state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. Sub -recipient shall make such refund to DPS/THSSAA within thirty (30) days after DPS/THSSAA requests such refund. E. Notwithstanding any other provisions, the Parties hereto understand, and agree that DPS/THSSAA's obligations under this Grant are contingent upon the receipt of adequate funds to meet DPS/THSSAA's liabilities hereunder, except as required by the. Homeland Security Grant Program (HSGP). DPS/THSSAA shall not be liable to Sub -recipient for costs which exceed the amount specified in this Grant. Performance Period The performance period for this Grant is listed on the Grant Sub -Recipient Award. All 000ds and services shall be received within the performance period AND all reimbursement requests shall be submitted to DPS/THSSAA within the performance period. Sub -recipient shall have expended all grant funds resubmitted reimbursement requests, and any invoices,' in the DPS/THSSAA grant management system by the end of the performance period. DPS/THSSAA shall not be obligated to reimburse expenses incurred or submitted after the performance period. Uniform Administrative Requirements. Cost Principals and Audit Requirements Except as specifically modified by law or this Grant, Sub -recipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to OHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. 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 (the A-102 Common Rule); 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). 3. 44 C.F.R. Part 10, Environmental' Considerations B. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) 4. 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. D. Grant Guidance (Funding Opportunity Announcement) Sub -recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2012 Funding 'Opportunity Announcement and supplemental resources for the HSGP currently available at htto://wvarr.fema.aov/odf/aovernmentlarant/2012/fv12 hsao 'foa.odf and the Nonprofit Security Grant Program (NSGP), htta://wWw.fema.aov/odf/aovernment/arant/2012/1v12 nsao joa.odf. Vol. / 7/ Pg. I‘ DHS Specific Acknowledgements and Assurances Sub -recipient shall comply with'the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 — Financial Assistance Award Standard Terms and Conditions (January 10, 2011), which is incorporated by reference herein. DHS requires those standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awards. Http://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdf, Sub -recipient acknowledges and agrees, and shall require any sub -recipients, subawardees, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing OHS access to.records, accounts, documents, information, facilities, and staff. 1. Sub -recipient shall cooperate with any compliance review or complaint investigation conducted'by DHS. 2. Sub -recipient shall give DHS access to and the right to examine and copy records; accounts, and other documents and sources of information related to this grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub -recipient shall submit timely, complete„and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports., 4. Sub -recipient shall comply with all other special reporting; data collection, and evaluation. requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three (3) years, Sub -recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, Sub -recipient shall provide a list of all.such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the OHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin. (including ient settles a case 6r matter alleging English profmienco, sex, age, disability,threligion, oor-familialoof the statuscomplaint and findi Sub-recipient, te'the DHS Cor omponent and/or awarding office. alleging such discrimination, Sub -recipient shall forward a copy The United States has the right to seek judicial enforcement of these obligations. Operation Stonegarden (OPSG) Specific Conditions If Sub -recipient is receiving Operation Stonegarden (OPSG) funds, Sub -recipient is prohibited from obligating or expending OPSG funds provided through this Grant until each unique, specific, or modified county level; tribal or equivalent Operations Order or Fragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border Protection/Border Patrol (CBP/BP). Each Operations Order will be transferred via the secure portal (CBP/BP) BPETS. system from each respective AOR Sector HQ to CBP/BP HQ in Washington, D.C., for review and pre-approval'for Operational continuity, then forwarded to FEMA GPDIPGD OPSG Program Office for final review/approval. Official notification of approval will be sent by FEMA via email to DPS/THSSAA and CBP/BP HQ in Washington, D.C. 1. Sub -recipient shall develop and submit required operational documents through.the border area's Integrated Planning Team. n and2. the Sub-recipient of shall howmaintain OPSG funds will be used thr tht Of roughout Sub-recipient'sgof a grant performann ce perioproposed budget which will articulate 3. If Sub -recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request for an overtime waiver shall be submitted through the Integrated Planning Team. 4. Sub -recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan. 5. ved Headquarters land shall andtthe DPS/THSSAA has ssuederations after the sa Grant Secific ub-recipient piennt Awons ard are rr GANoto the jurisdiction. h the order Patrol State Requirements for Grants Sub -recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783. Uniform Grant and Contract Management, State Administrative Agency Information Bulletins, available at httoJ/www txdos state tx us/director staff/saa/'informr�at�iorrt� bulletins.htm, Texas Uniform Grants Management Standards (UGMS) at htto-//www aovernor state.tx.us/files/state-arant and the State Administrative Agency Sub -recipient Manual, available at htto(/www txdos state tx.us/director stafflsea/documents//subrecroientManual.odf. Sub -recipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application. Sub -recipient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follows: 1. Grant funds may not be-expended'for a grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, unless the law enforcement agency requesting the grant.is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting Agency' is in the process of achieving compliance with such rules. 2.'. Grant funds may not be granted to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. 3. Grant funds may not be expended to a unit of local government unless the following limitations and reporting requirements are satisfied: Vol. /7/ Pg, _, 7 a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there 'is no requirement for increased salaries forlocal government employees; b. Texas Government Code Sections 556.004, 556.005, and 556.006, including not using any money orvehicle to support the candidacy of any person for office; not influencing positively or negatively the payment, loan, or.gift lo. a person or political organization for a political purpose; and not -using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered lobbyist; c. Texas Government Code Sections 2113.012 and 2113.101 including not using grant funds to compensate any employee who uses alcoholic beverages on active duty plus Sub -recipient may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act, Art, IX, Section 6.13 requiring Sub -recipients to make every effort to attain key performance target levels associated with this grant award, including performance milestones, milestone time frames, and related performance reporting requirements; and e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, including grant funds may only be expended if Sub -recipient timely completes and files its reports. Restrictions and General Conditions A. Use of Fund. DHS grant funds may .only used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory. proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. B. Lobbvina Prohibited, No funds shall be expended by Sub -Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Memberof Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions may be found at 31 U.S.C. §1352. Further, Sub -Recipient understands and agrees that it shall not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of FEMA. C. Transferring Funds. Sub -recipient is prohibited from transferring,funds between. grant programs (such as SHSP, UASI, and OPSG) without a properly executed GAN. D. Federal Employee Prohibition. Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. E. Cost Categories There may be limitations on the use of HSGP funds for the categories of costs listed.below. For additional details on restrictions on the use of funds, refer to the FY 2012 HSGP FOA, Appendix C, Funding Guidelines.. 1. Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training 6. Exercises 7. Maintenance and Sustainment 8. Critical Emergency Supplies 9. Construction and Renovation F. Governing Board Approval. In cases where local funding is established by a COG or an Urban Area Security Initiative (UASI) governing board,the release of funds by DPS/THSSAA is contingent upon funding allocation.approval by the governing board. G. Notices. All notices or communications required -or permitted to be given by either party hereunder shall be deemed sufficiently given if a other by at is respective -address. Fl or certified orreturn noticerto DPSt /THSSAA see 'adduested, or sent ress set forth below. For Sub-rec p ent, ht courier, such as Federal see the addressress or Loan tlisted theeGaparty on the Grant Sub -Recipient Award page or Point of Contact address listed for the Sub -recipient in the DPS/THSSAA Grants Management' System (SPARS). 1 --- Deputy Assistant Director !Texas Homeland Security State Admin. Agency i !Texas Department of Public Safety i P.O. Box.4087 I Austin, TX 78773-0220 H. Points of Contacts. Within 30 days of any change, Sub -recipient shall. notify DP mans dine system. of any change or correction to the chief elected official;, program, and/or financial points of. cent t ..n tie DPS/THSSAA grant t g Vol. /7/ pg. 51 DPS/THSSAA Contact Information I. DUNS Number. Sub -recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on'this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedoov.dnb.com/webform. J. Central Contractor Registration and Universal Identifier Requirements. Sub -recipient maintains that it has registered on www.ccr.00v www.sam.aov/, or other federally established site for contractor registration, and entered DPS/THSSAA-required information. Sub -recipient shall keep current, and then review and update the CCR information at least annually. Sub -recipient shall keep information current in the CCR/SAM database until the later of when it submits this Grant's final financial report or receives final grant award payment. Sub -recipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See section .210 of OMB Circular A-133,, Audits of States, Local Governments, and Non-profit Organizations. K. Indirect Cost Allocation Plan. Sub -recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by Cognizant Agency to DPS/THSSAA within 30. calendar days of the approval. "Cognizant agency" means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans -or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies at http://harvester.censo.00v/sacJdissem/asp/reporls.asp. Unless the basis of the cost plan changes, Sub -recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed to SAA RROdos.texas.00v., The Sub -recipient name shall be included in the file name and subject line of the email transmittal. L. Reporting Total Compensation of Sub -recipient Executives. 2 C.F.R. §170.320: see FEMA Information Bulletin 350. 1. Applicability and what to report: Sub -recipient shall report whether Sub -recipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub -recipient shall report whether 80% or more of Sub -recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub -recipient answers "yes" to both questions, Sub -recipient shall report, along with Sub -recipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Sub -recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report: Sub -recipient shall report executive total compensation at www.ccr rov www.sam.00v/, or other federally established replacement site. By signing this Grant, Sub -recipient certifies that, if required, Sub -recipient's jurisdiction has already registered, entered the required information, and shall keep information in the CCR/SAM database current, 'and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub -recipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. M. Direct Deposit. If Sub -recipient has not received HSGP reimbursements from DPS/THSSAA within the 'past eleven (11) months (prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub -recipient shall be emailed to SAA RRt tdos_texas.aov. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. "Sample County DD form"). The direct deposit form is currently available at htto://www.window.state.tx.us/taxinfo/taxforms/74-176.Pdf. Sub -recipient may simultaneously sign up for the Advance Payment Notification (APN) email feature which provides.State of Texas payees with a one -business -day advance notice that a direct deposit payment has been sent to its financial institution. Atier receiving an APN, a payee may securely access its payment details online._ N. Procurements. Sub -recipient shall comply with.all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 44 C.F.R. §13.36. O. Contract Provisions. All contracts executed using funds granted under this Grant shall contain the contract provisions listed under 44 C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds granted under this Grant, Sub -recipient shall determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department and agency and shall confirm the vendor/subawardee does not have any active "Exclusions" by reviewing the vendor/subawardee entity information at httos://www.sam.ciov/oorta I/oublic/SAM/. 0. Management and Administration, If this Grant includes a specific award of funds to Sub -recipient for management and administration (M&A), Sub -recipient shall comply with all applicable, requirements and limitations with respect to M&A. For additional information on M&A, refer to Information Bulletin 365 located at htto://www.fema.aov/aovernment/arantlbulletins/index.shtm#1 /. R. Personnel Cao. Up to fifty percent (50%) of all HSGP awards received by Sub -recipient 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, use of HSGP funding. to pay for staff and/or contractor regular time or overtime/backfill, among other items, are considered personnel -related costs. Sub -recipient may request a waiver to the 50% personnel cap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at SAAtatdos.texas.00v. Requests for waivers shall be submitted on official Sub -recipient letterhead and be signed by an authorized official of Sub -recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379. S. Property Manaaement and Inventory. At least every two (2) years,. Sub -recipient shall take a physical inventory and shall, reconcile the results with property records. Sub -recipient shall maintain Property/inventory records which„ at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property. the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (See sample inventory record format at htto://www.txdos.state.tx.us/director staff/saa/audit and comoliance.him, ) Sub -recipient shall develop and implement a control system to prevent loss, damage or theft of property and Sub -recipient shall investigate and document any loss, damage or theft of property funded under this Grant. T. Publications. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine, journal, or trade paper, shall include the following: "This material is based upon work supported' by the U.S..Department of Homeland Security. The -views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of'the U.S. Department of Homeland Security." Vol. /7/ Pg. „3,i U. Acknowledgement of Federal Fundino from DHS. Sub -recipient shall comply with requirements to acknowledge Federal funding when issuing statements,press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. V. Use of OHS. DPS, and DPS/THSSAA Seals and Non -Endorsement, Sub-recipient.shall obtain DHS, DPS, or DPS/THSSAA's prior written approval before using any of these agencies' seal(s), logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies' seals, etc., including use of the United States Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials. W. Coovriaht. Sub -recipient shall comply with requirements regarding publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information orother information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under -this Grant, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, Sub -recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. Sub -recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment, of Government sponsorship (including award number) to any work first produced under this Grant. Further, 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.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. Sub-recipient.agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are purchased with this funding. X. Quarterly Performance Reports Sub -recipient shall submit performance reports and progress reviews per DPS/THSSAA and/or FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) day after the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required by DPS/THSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information requests. Failure to timely complete a performance report will result in Sub -recipient being unable to request additional reimbursements/advances and may affect future funding. Y. Site Visits. DHS and/or DPS/THSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on the premises of Sub -recipient or a contractor under this Grant, Sub -recipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Z. Limited English Proficiency (Civil Rights Act of 1964. Title VI). Sub -recipient shall comply with the requirements of EO 13166. Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Sub -recipient shall take reasonable steps to ensure that LEP persons have meaningful access to Sub -recipient's programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Sub -recipient is encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to Ditto://www.leo.aov'. AA. Protection of Human Subiects. Sub -recipient shall comply with the requirements of the Federal regulations, at 45 C.F.R. Part 46, which requires that Sub -recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Sub -recipient shall comply with the requirements in. DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted. or supported under a program that is .considered research S other purposes. The (Subpart and children art 0). Theons or research use use of a topsy materialsran is governed ses, by applicable cable Staant te and localand les aw (Subpart B); prisoners (Subpart C); (Subpart )• and is not directly regulated by 45 C.F.R. Part 46. BB. National Flood Insurance Act of 1968. Sub -recipient shall comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate'State cor localurrents of water exceeding anticipated to be lect 'to inent l levels. These regulations se or are codified atsidence as a result terosion 44 C.F.R. or 63. undermining caused by waves or CC. USA Patriot Act of 2001. Sub -recipient -shall comply with the requirements of the' Uniting and Strengthening America 175-1c. by Providing' r v Appropriate Tools Required to Intercept and Obstruct Terrorism Act,(USA PATRIOT Act), which amends 18 U.S.C: §§ Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems,of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the Act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. DD. Flv America Act of 1974. Sub -recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. government funds requirement, which states preference for the use of U.S. flag air carriers.(air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and Comptroller General's guidelines. EE. Activities Conducted Abroad. Sub -recipient shall comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses; permits, or approvals are .obtained. /7/_ F FF. Trafficking Victims Protection Act of 2000. All recipients of financial assistance shall comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as.amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub -recipient: (a) engages in severe forms of trafficking in persons during the ,period of time that the award is in effect; (b) procures a commercial sex act during the period of time that the.award is in effect; or (c) uses forced labor in the performance of the award or subawards under the award. DPS/THSSAA is authorized to terminate this award, without penalty, if the above condition is violated. Sub -recipient shall include this condition in any subawards or contracts it makes as a result of this Grant. Full text of the award term is provided at 2 C.F.R. §175.15. GG. Americans with Disabilities Act of 1990. Sub -recipient shall comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C. §§ 12101-12213. HH. Public Dissemination of Sensitive Information. Sub -recipient shall notify DPS/THSSAA of any workshops, conferences,, seminars or other public venues at least one hundred (100) calendar days before presenting any potentially sensitive information regarding this project. No sensitive information may be presented by Sub recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review and prior written approval. II. Security ConcernsNiolations. Sub -recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) calendar days of Sub -recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information. In the event that sensitive information is divulged in violation of Sub -recipient's security procedures, Sub -recipient shall immediately notify the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. JJ. Classified Security Condition 1. No funding under this award shall be used to.support a contract, sub -award, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for that access to such information. 2. "Classified national security information" as defined in Executive Order (EO) 12958, as amended, means. information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 3. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, sub -award, or other agreement for goods or services that will include access to classified national security information by the contractor, sub-awardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Branch Program (ISBP), or an appropriate official within the Federal department or agency with whom the classified effort will be performed. 4. Such contracts, sub -awards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008: EO's 12829, 12959, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives or instruction. All security requirement documents are currently located at: Jutn.//www 5. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, sub -award, or other agreement, and prior to execution of any action to facilitate the acquisition of such. a contract sub -award, or other agreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346, Email: DD254AdministrativeSecujjidhs.gov, Mail: Department of Homeland Security, Office of the Chief Security Officer, ATTN: ASD/Industrial Security Program, Branch, Washington, DC. 20528 Other Requirements A. During the performance period of this Grant, Sub -recipient, counties, cities, towns, and Indian tribes shall maintain an Emergency Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (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 Sub -recipient's plan, Sub -recipient shall correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM.. B. Projects identified and approved in the DPS/THSSAA 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 this Grant. Sub -recipient shall submit project plans, milestones, outputs/outcomes, narratives and budget to DPS/THSSAA and FEMA (if required) for approval prior to expending or requesting advances of any funds for this Grant. Sub -recipient shall enter appropriate project milestones into the DPS/THSSAA Sub -recipient ed shts all report on ant status and thin accomplishmen as after ccomplior shments anddeadline outputs outputs/outcomes) established s) in the ormaat(s) and timeframes as whichever is sooner. required y DPS/THSSAA. project C. During the performance period of this Grant, Sub -recipient shall: 1. Participate in a legally -adopted county and/or regional mutual aid agreement. 2. Implement the National Incident Management System (NIMS) in a manner consistent with the NIMS Implementation Objectives outlined by FEMA at Otto://www.fema.aov/implementation-and-compliance-guidance-stakeholders#item4. 3. Be a registered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management system specified by DPS/THSSAA) and shall identify, resource type, and credential all major deployable 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. rtto://www.fema.gov/emergencv/nims/ResourceMnamnt.shtm#item3. Vol. /7/ Pg. i7l/ D. Regional Planning Commissions/Council of Governments (COGs) shall follow guidelines listed in the DPS/THSSAA FY2012 COG Statement of Work. ,Monitoring Sub -recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program -related criteria are met. DPS/THSSAA, or its authorized representative, reserves the rightto perform periodic desk/office-based and/or on -site monitoring of Sub -recipient's compliance with this Grant andof the adequacy and timeliness of Sub -recipient's performance pursuant to this Grant. After each monitoring visit, DPS/THSSAA shall -provide Sub -recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in Sub -recipient's performance under this Grant, the monitoring report shall include requirements•for the timely correction of suchdeficiencies by Sub -recipient. Failure by Sub -recipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. Audit Audit of Federal and State Funds. Sub -recipient shall arrange for the performance of an annual -financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26). Sub -recipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. Right to Audit, Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of grant funds received and performances rendered under this Grant. Sub -recipient shall permit DPS/THSSAA or its authorized representative to audit Sub -recipient's records. Sub -recipient shall'provide any documents, materials or information necessary to facilitate such audit. Sub -recipient's Liability for Disallowed Costs, Sub -recipient understands and agrees that it shall be liable to DPS/'THSSAA for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Sub -recipient further understands and agrees that reimbursement to DPS/THSSAA of such disallowed costs shall be paid by Sub -recipient from funds that were not provided or otherwise made available to Sub -recipient pursuant to this Grantor any other federal contract. Sub -recipient's Facilitation of Audit,. Sub -recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as DPS/THSSAA may require of Sub -recipient. Sub -recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Sub -recipient and the requirement to cooperate is included in any subcontract it awards. State Auditor's Ctause. Sub -recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Au.itor's Office to conduct an audit or investigation in connection with those funds. Sub -recipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Sub -recipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts.it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub -recipient relating to this Grant. Retention and Accessibility of Records Retention of Records. Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB Circular, 44 CFR Section 13.42, UGMS §_ 42, and this Grant. Sub -recipient shall retain these records and any supporting documentation for a.minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The OHS or DPS/THSSAA may direct Sub -recipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. Access to Records. Sub -recipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of'its 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 Sub -recipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Sub -recipient. Sub -recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. Inclusion in Subcontracts. Sub -recipient shall include the substance of the Retention of Records and Access to Records section herein in all subcontracts. After Action Reporting. Sub -recipient shall complete, deliver to the appropriate source, and retain copies of all after -action reports and certificates. of completion for all training and exercises paid for by this grant. Legal Authoritti Sianatory Authority. Sub -recipient assures and guarantees that Sub -recipient possesses the, legal authority to enter into this Grant, receive grant funds and to perform the project Sub -recipient has obligated itself to perform pursuant to this Grant. Authorized Reoresentative. The person or persons signing and executing this Grant on Sub -recipient's behalf do warrant and guarantee that he/she has been duly authorized by Sub -recipient to execute this Grant on Sub -recipient's behalf and to validly and legally bind Sub -recipient to all terms and conditions and performance obligations. • Conflicts in Requirements. If conflict exists between federal, state, or. local requirements, Sub -recipient shall comply with the strictest requirement.' . Vol. /7/ Pg. 1712 Notice of Litigation and Claims Sub -recipient shall give.DPS/THSSAA immediate. notice in writing ofany action or claim, including any proceeding before an administrative agency, filed against Sub -recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub -recipient shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub -recipient with respect to such action or claim. No Liability for Employees and Officers DPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub -recipient. regardless of where the individual's actions or omissions occurred. Non -Waiver of Defaults Any failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this 'Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to. avail itself of same. A waiver does not become, effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its rights, as such rights, powers, privileges, and remedies are specifically preserved. .Changes and Amendments Modification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in writing. any subsequent request for funds indicates Sub -recipient's acceptance of the changes to the award. Any alteration, addition, or deletion to this Grant by Sub -recipient is not valid. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shall be made through an executed Grant Adjustment' Notice (GAN). Authority to Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serve to establish, interpret or clarify this Grant's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMA in the form of Information Bulletins and Sub -recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Sub -recipient as if written in this Grant. Effect of Changes in Fedejal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event'FEMA or DPS/THSSAA determines that changes are necessary to this Grant after an award has been made, including changes to the' period of performance or terms:and conditions, Sub -recipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Sub -recipient's acceptance of the changes to this Grant. Headings Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the terms and conditions or be used to interpret or assist in the construction of this Grant. Venue Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. Suspension In the event Sub -recipient fails to comply with any term of this Grant, DPS/THSSAA may, upon written notification to Sub -recipient, suspend this Grant, in whole or in part, withhold payments to Sub -recipient and prohibit Sub -recipient from incurring additional obligations of this Grant's funds. Termination DPS/THSSAA shall have the right to terminate this Grant, in whole•orin part, at any time before the end of the Performance Period, if DPS/THSSAA determines that'Sub-recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice of the termination and include: 1. The reason(s) for such termination; 2. The effective date of such termination; and 3. In the case of partial termination, the portion.of this Grant to be terminated_ Appeal may be made to the Deputy Director of Homeland_ Security. Texas Department of Public Safety. Enforcement If Sub -recipient materially fails to comply with any term of this Grant, whether stated in.a federal or state statute or regulation, an assurance; in a state plan or application, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the following actions, as appropriate. in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by Sub -recipient or more severe enforcement action by DPS/THSSAA or DHS; 2. Disallow, that is, deny both use of funds and matching credit for, all or part of the cost of the activity or action not in compliance; vol, / 7l Pg.3 3. Wholly or partially suspend or terminate this Grant for Sub -recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. In taking an enforcement action. DPS/THSSAA will provide Sub -recipient an opportunity for a hearing, appeal, or other administrative proceeding to which Sub -recipient is entitled under any statute or regulation applicable to the action involved. The costs of Sub -recipient resulting from obligations incurred by Sub -recipient during a suspension or after termination of this Grant are not allowable unless DPS/THSSAA or DHS expresslyauthorizesthem in the notice of suspension or termination or subsequently. Other Sub -recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were.properly incurred by Sub -recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non -cancellable; and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and 'termination, do not preclude Sub -recipient from being subject to "Debarment and Suspension" under E.O. 12549. 44 C.F.R. §13.35. Conflict of Interest No employee, officer or agent of Sub -recipient shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety. Closing of the Grant A. DPS/THSSAA will close a,sub-award after receiving Sub -recipient's final quarterly 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 award modifications and payments. If the close out review and reconciliation indicates that Sub -recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Sub -recipient. If Sub -recipient didnot use all the funds received, DPS/THSSAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. Sub -recipient will return the funds to the DPS/THSSAA within 30 days of receiving the GAN. B. At the completion of Sub -recipients performance period, DPS/THSSAA will de -obligate all uncommitted / unexpended funds. C. The closeout of this Grant does not affect: 1. DHS or DPS/.THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Sub -recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisionsof this Grant. that impose continuing obligations on Sub -recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Official a JC. Rio -5 Title Counf@V Signature of Authorized Official Vol, / 71 Pg. 1,q4 EXHIBIT A ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 424B As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning,. management and completion of the project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the comptroller General of the 'United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, br documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable timeframe.after receipt of approvals of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the.19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating' to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse: (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and, III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8, WiII comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501=1508 and 7324-7328) which limit the political activities of employees whose principal'employment activities are funded in whole or in part with Federal funds. 9. Wail comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40.U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction sub -agreements. 10. Will comply, if applicable, withflood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to:participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which maybe prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with. NEPA for DHS grant -supported activities, DHS-FEMA requires the environmental aspects to be reviewedand evaluated before final action on the application (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with' EO 11988; (e). assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring, and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection 'of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of.endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13.. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this award. "Research" "means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materials. Vol. _ /7./ ___. Pg._. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended. 7 U.S.C. §§2131 et seq.) which requires the minimum standards of cart and treatment for vertebrate animals bred for commercial sale. used in research. transported commercially. or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public I lealth Service Policy and Government Principals Regarding the Care and Use of Animals . 16. Will.comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C., §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Wll cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this program. Please fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized Official ¶1iiAt')e1 Jer 5 Title Si.- ature of Authorized Oicial Vol. /7/ Pg.� EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this agreement. - 2. Will give the Department of Homeland Security, the Department of Public Safety.. the Comptroller General of the United States and, if appropriate, the State, the right to examine all records,. books, papers, ordocuments related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or otherinterest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent' and. adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive• reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. . 7. Will establish safeguards to prohibit employees .from using their positions for a purpose that constitutes or presents. the appearance of personal or organizational conflict of interest, or personal,gain. 8. MI comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit' systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based pain in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and .44 C.F.R. Part 19), which prohibits discrimination on the basis of sex;, (c) Section. 504 of the Rehabilitation Act of 1973, as amended (29) U:S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act.of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of'1912 (42 U.S.C. §§290dd-3 and 290ee 3), as.amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601, et seq.), as amended, relating to nondiscrimination : in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the. requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work.Hours and Safety Standards. Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction sub -agreements. 14. Will comply with flood insurance purchase requirements of Section. 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to,participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes national policy goals and procedures. to protect and enhance the environment', including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood' hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management, program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters;(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as, amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components. or potential components of the national wild and scenic rivers system. Vol. /71 Pg. `//7 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470). EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant.guidance and policies governing this program. Please fill in the appropriate information and sign to certify this. Exhibit B, if applicable. Print Name of Authorized Official 1 u i' e citr_s Title Jkda�e., Signature o Authorized • :'.I 'ate Vol. /7/ Pg. 8' Exhibit C Certifications The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief. A. No Federal appropriated funds have been paid or will 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 or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have•been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub -awards at all tiers (including subcontract, sub -grants, and contracts 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 which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than. $10,000 and not more than $100,000 for each such failure. D..' As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification). The Sub -recipient certifies that it and its principals and vendors: 1. Are not 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 transactionsby any Federal department or agency; Sub -recipients can access debarment information by going. to www.eols.aov or www.sam.aov and the State Debarred Vendor List • www.window.state.tx.us/orocurement/orog/vendor Performance/debarred. 2. Have, not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract uhder 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 agovernmental 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 agreement had' one or more public transactions (Federal, State, or local) terminated for cause or default; or 5. Where the sub -recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. (Federal Certification) E. 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. F. Sub -recipient must comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and sub -recipient must require such compliance in any sub -grants or contract at the next tier. G. Drug -free Workplace Act, as amended, 41 U.S.C. §701 et seq. — Requires the recipient to publish a statement about its drug -free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be carried out. Also, place(s) where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. Therecipient must notify the Grants Officer of any employee convicted of a violation of a criminal'drug statute that occurs in the workplace. For additional information,. see 44•C.F.R. Part 17. Sub -recipient shall comply with the requirements of the Drug -Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. H. Sub -recipient agrees that it is not delinquent on any Federal debt. I. Sub -recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. J. Sub -recipient understands that failure to comply with any of the above assurances may result in suspension,, termination or reduction of grant funds. Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official Title 9rrb►�cipien Coe_ PekrS Sig a re o Authorized Official ii(D)191 Date Vol. 171 Pg.',/,' EXHIBIT D State of Texas Assurances As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub -recipient's governing body or of the Sub -recipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to anymember of lhe•governing body or to any other officer or•employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Sub -recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub -recipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from.the Texas Commission on Law Enforcement Officer Standards and Education that the.agency in the process of achieving compliance with such rules if the Sub -recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of'grant funds. Administering state agencies and sub -recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section .36 for additional guidance on contract provisions). — 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub -recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§168]-1683, and 1685-1686), which prohibits discrimination on the basis of sex;. (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with. Disabilities Act of 1990 including Titles I; .II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (t) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and •(j) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable„ with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit, the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable.. 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234: Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition. proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. ‘,1-)I ___ l Pg. �O Title Signature of Authorized Official 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions. to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.> 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Ad of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S'.C. §§469a-1 et seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C..§§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate.animals bred for commercial sale, used in research; transported commercially, or •exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and'Use of Animals. 20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provisionof services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and, federal tax forms. 23. Shall comply with,all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal governments terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at httos.//www.sammv/oortaVoublic/SAM/ 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas' Department of Health as required by the Texas Health and Safety Code, Ann., •Sec. 85.001, et seq. Please fill in the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official Daa'c- Peer5 Jude_ razes Performance Guarantees Proposal m ° E O 1-• G U C W Emu C IO IO c c 0 to I 0 Wto 1:3 O C ,ova Abandonment Rate O W L ,J o1° o c W � � Env c 0 C H 0 yaj . aj W W L ° 0 .C W • W W y IV W f0 N � �0 C 0.1 4.) IC mt u C N C 10 C W EL =3a Telephone Response Vol. 0 N O Brazos County m 0 • Brazos County L a). O w l ♦T 0 2 0 as ct ra V V m i M 10 y C N E� Definition 0 V U .0 0 O O N vt- 1 I •_�I J L C C E • 0. 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E 41 ▪ .0 9 C 001 •i,, 00 on,C 0 In JvJ = UI o 0. o (0 - In� • mEo - o E• n�01I r�3mcE • c0 mu (0 • (0 Cr N .a " EEoy�C L L =mo_0.:, O O N 0 N cy 5 C U 0 m a/ tuc O • a1 C 0 I• CS ., in oc"- 0 d c 01".0 N C a C L of, 4) 3 fi N o N 0 a° (0 ; � C 0 I-, c (GC°u ow^ G in CCC 0 05 In UU)) iE1113 Vol. /7/ f'a. 5"3 Brazos County it 2 ;. ii % 2 \ k io ® § >-.. I: t 2 -E ;\ �% B .] (} kE I= E0 (."3- i§ e- 2 ig 23 E IE $k \ I F. a TS ■ ii i k § i 0 c= !� .0 \ .e.; !. !k 2k :_E, 1k 'to k§} _ a = 0 ; I.: 5 > 2 < iA ee CU[ i 2 c co i\ )> t ;0 §a 7) i i@ O 2Ei It ki ©k I ]k -2D $@, iE 32 ©a 'I }% .c J k i ie @ 0E : . a' • s ic O &Z'' i i� E1 E1 ! 'k Ec $ a i I c. aoi 3I 00: i@ c Q $� ©i '§ _. .E : ;2 OO ! ig f§ §§] }2 O O D) I 0■k §21 ii I \i E} 1E,615€45 -b. iEdfk©•k ( ;2\ co ,,o 7• o i io §iOC %�i ,R E -a). eE 'EN aco« _ i i.2E) co �f ]■7f2c Ec .',E •o - i .C)_ o. i:- 2 ac i -� -o- ('E E ° � § :20}R& kl'i .0 § E 0 C) '-3 a;40 2 c 14. C. ■ o 10. ki x7 k 7' c� v 12 4.4 ao E EL CL § Cr PS &/ kk %E 2 a3 .C 0 .0 k0. m. § 0 SE Humana Representative Signature/ Date • § � OI /7 .. Fg.37/ Brazos County \ a Interlocal Cooperation Contract STATE OF TEXAS COUNTY OF I. Parties This Interlocal Cooperation Contract ("Contract") is made and entered into between the Texas Department of Public Safety ("TDPS" a political subdivision of the State of Texas, and the C.UUhtC{ of a s a local political subdivision of the State 01 Texas. II. Overview The purpose of this Contract is to implement the provisions of Texas Transportation Code Chapter 706. A local political subdivision may contract with the TDPS to provide information necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine and cost in the manner ordered by the court in a matter involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure. The TDPS has authority to contract with a private vendor ("Vendor") pursuant to Texas Transportation Code §706.008. The Vendor will provide the necessary goods and services to establish an automated system ("FTA System") whereby information regarding violators subject to the provisions of Texas Transportation Code Chapter 706 may be accurately stored and accessed by the TDPS. Utilizing the FTA System as a source of information, the TDPS may deny renewal of a driver license to a person who is the subject of an FTA System entry. Each local political subdivision contracting with the TDPS will pay monies to the Vendor based on a fee established by this Contract. The TDPS will make no direct or indirect payments to the Vendor. The Vendor will ensure that accurate information is available to the TDPS, political subdivisions and persons seeking to clear their licenses at all reasonable times. III. Definitions "Complaint" means notice of an offense as defined in Article 27.14(d) or Article 45.019, Code of Criminal Procedure. Revised (12/11) Vol t7/ Pg. 1 "Department" or `TOPS" means the Texas Department of Public Safety. "Failure to Appear Program" or "FTA Program" refers to the implementation efforts of all parties, including those system components provided by the TOPS, local political subdivisions and the Vendor, including the FTA System. "Failure to Appear System" or "FTA System" refers to the goods and services, including all hardware, software, consulting services, telephone and related support services, supplied by the Vendor. "FTA Software" refers to computer software developed or maintained now or in the future by the Vendor to support the FTA System. "Originating Court" refers to the court in which an applicable violation has been filed for which a person has failed to appear or failed to pay or satisfy a judgment and which has submitted an appropriate FTA Report. "State" refers to the State of Texas. "Local political subdivision" refers to a city or county of the State of Texas. Unless otherwise defined, terms used herein shall have the meaning assigned by Texas Transportation Code Chapter 706 or other relevant statute. Terms not defined in this Contract or by other relevant statutes shall be given their ordinary meanings. IV. Governing Law This Contract is entered into pursuant to Texas Government Code Chapter 791 and is subject to the laws and jurisdiction of the State of Texas and shall be construed and interpreted accordingly. V. Venue The parties agree that this Contract is deemed performable in Travis County, Texas, and that venue for any suit arising from the interpretation or enforcement of this Contract shall lie in Travis County, Texas. VI. Application and Scope of Contract This Contract applies to each FTA Report submitted to and accepted by the TDPS or the Vendor by the local political subdivision pursuant to the authority of Texas Transportation Code Chapter 706. Revised (12/11) Vol. ,1/ 2 VII. Required Warning on Citation for Traffic Law Violations A peace officer authorized to issue citations within the jurisdiction of the local political subdivision shall issue a written warning to each person to whom the officer issues a citation for a traffic law violation. This warning shall be provided in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court for the prosecution of the offense or if the person fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the court, the person may be denied renewal of the person's driver license. The written warning may be printed on the citation or on a separate instrument. VIII. FTA Report If the person fails to appear or fails to pay or satisfy a judgment as required by law, the local political subdivision may submit an FTA Report containing the following information: (1) the jurisdiction in which the alleged offense occurred; (2) the name of the local political subdivision submitting the report; (3) the name, date of birth and Texas driver license number of the person who failed to appear or failed to pay or satisfy a judgment; (4) the date of the alleged violation; (5) a brief description of the alleged violation; (6) a statement that the person failed to appear or failed to pay or satisfy a judgment as required by law; (7) the date that the person failed to appear or failed to pay or satisfy a judgment; and (8) any other information required by the TDPS. There is no requirement that a criminal warrant be issued in response to the person's failure to appear. The local political subdivision must make reasonable efforts to ensure that all FTA Reports are accurate, complete and non -duplicative. IX. Clearance Reports The originating court that files the FTA Report has a continuing obligation to review the report and promptly submit appropriate additional information or reports to the Vendor or the TDPS. The clearance report shall identify the person, state whether or not a fee was required, advise the TDPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted immediately from the time and date that the originating court receives appropriate payment or other information that satisfies the citizen's obligation to that court. Revised (12/11) vol / %/ 3 To the extent that a local political subdivision utilizes the FTA Program by submitting an FTA Report, there is a corresponding obligation to collect the statutorily required $30.00 administrative fee. If the person is acquitted of the underlying offense for which the original FTA Report was filed, the originating court shall not require payment of the administrative fee. The local political subdivision shall submit a clearance report immediately advising the TDPS to lift the denial of renewal and identifying the grounds for the action. The local political subdivision must immediately file a clearance report upon payment of the administrative fee and: (1) the perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose; (2) the dismissal of the charge for which the warrant of arrest was issued or judgment arose; (3) the posting of a bond or the giving of other security to reinstate the charge for which the warrant was issued; (4) the payment or discharge of the fine and cost owed on an outstanding judgment of the court; or (5) other suitable arrangement to pay the fine and cost within the court's discretion. The TDPS will not continue to deny renewal of the person's driver license after receiving notice from the local political subdivision that the FTA Report was submitted in error or has been destroyed in accordance with the local political subdivision's record retention policy. X. Compliance with Law The local political subdivision understands and agrees that it will comply with all local, state and federal laws in the performance of this Contract, including administrative rules adopted by the TDPS. XI. Accounting Procedures An officer collecting fees pursuant to Texas Transportation Code §706.006 shall keep separate records of the funds and shall deposit the funds in the appropriate municipal or county treasury. The custodian of the municipal or county treasury may deposit such fees in an interest -bearing account and retain the interest earned thereon for the local political subdivision. The custodian shall keep accurate and complete records of funds received and disbursed in accordance with this Contract and the governing statutes. The custodian shall remit $20.00 of each fee collected pursuant to Texas Transportation Code §706.006 to the Comptroller on or before the last day of each Revised (12/11) / 7/ 4 calendar quarter and retain $10.00 of each fee for payment to the Vendor and credit to the general fund of the municipal or county treasury. XII. Payments to Vendor The TDPS has contracted with OmniBase Services of Texas ("Vendor"), a corporation organized and incorporated under the laws of the State of Texas, with its principal place of business in Austin, Texas, to assist with the implementation of the FTA Program. Correspondence to the Vendor may be addressed as follows: OmniBase Services of Texas 7320 North Mo Pac Expressway, Suite 310 Austin, Texas 78731 (512) 346-6511 ext. 100; (512) 346-9312 (fax) The local political subdivision must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the Vendor and for which the local political subdivision has subsequently collected the statutorily required $30.00 administrative fee. In the event that the person has been acquitted of the underlying charge, no payment will be made to the Vendor or required of the local political subdivision. The parties agree that payment shall be made by the local political subdivision to the Vendor no later than the last day of the month following the close of the calendar quarter in which the payment was received by the local political subdivision. XIII. Litigation and Indemnity In the event that the local political subdivision is aware of litigation in which this Contract or Texas Transportation Code Chapter 706 is subject to constitutional, statutory, or common-law challenge, or is struck down by judicial decision, the local political subdivision shall make a good faith effort to notify the TDPS immediately. Each party may participate in the defense of a claim or suit affecting the FTA Program, but no costs or expenses shall be incurred for any party by the other party without written consent. To the extent authorized by law, the local political subdivision City agrees to indemnify and hold harmless the TDPS against any claims, suits, actions, Revised (12/11) Vol 5 damages and costs of every nature or description arising out of or resulting from the performance of this Contract, and the local political subdivision City further agrees to satisfy any final judgment awarded against the local political subdivision City or the TDPS arising from the performance of this Contract, provided said claim, suit, action, damage, judgment or related cost is not attributed by the judgment of a court of competent jurisdiction to the sole negligence of the TDPS. It is the agreement of the parties that any litigation involving the parties to this Contract may not be compromised or settled without the express consent of the TDPS, unless such litigation does not name the TDPS as a party. This section is subject to the statutory rights and duties of the Attorney General for the State of Texas. XIV. Contract Modification No modifications, amendments or supplements to, or waivers of, any provision of this Contract shall be valid unless made in writing and executed in the same manner as this Contract. XV. Severability If any provision of this Contract is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Contract shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance therefrom. XVI. Multiple Counterparts This Contract may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes and all of which constitutes, collectively, one Contract. But, in making proof of this Contract, it shall not be necessary to produce or account for more than one such counterpart. XVII. Effective Date of Contract This Contract shall be in effect from and after the date that the final signature is set forth below. This Contract shall automatically renew on a yearly basis. However, either party may terminate this Contract upon thirty days written notice to the other party. Notice may be given at the following addresses: Revised (12/11) rr / 7/ ,_T ‘e _ 6 Local political subdivision Dine 2 raZOS C0071-9 Judge bi7ctfl Tx oLk grief -3491-410A Texas Department of Public Safety Attn: Enforcement and Compliance Service 5805 North Lamar Boulevard Austin, Texas 78773-0001 (512) 424-5311 [fax] Notice is effective upon receipt or three days after deposit in the U. S. mail, whichever occurs first. After termination, the local political subdivision has a continuing obligation to report dispositions and collect fees for all violators in the FTA System at the time of termination. TEXAS DEPARTMENT OF PUBLIC SAFETY LOCAL POLJ,!?1G�L sibmitisioN* en Gipson , P � � Authorized Signature Deputy Administrator Date &rams Covnf9 Judge? Title 11/40 Date *An additional page may be attached if more than one signature is required to execute this Contract on behalf of the local political subdivision. Each signature block must contain the person's title and date. Revised (12/11) Vol. /V Pg. ' THE TEXAS A&M UNIVERSITY SYSTEM Office of Sponsored Research Services February 2, 2012 TO: Brazos County Expo Complex 5827 Leonard Road Bryan, Texas 77807 ATTN: Tom Quarles Director, Brazos County Special Events Facilities RE: Interlocal Agreement entitled "Economic Impacts of the Brazos County Expo Complex" PI: Dr. Rebekka Dudensing Enclosed please find: Fully executed original(s) for your records Partially executed originals- please sign and return one copy to our office Invoice requesting payment Other: Additional Comments: Texas A&M AgriLife Contracts & Grants Diane Gilliland, Director — Contracts and Grants d-gilliland@tamus.edu Nina Estrada, Office Associate nestrada@tamus.edu w • 400 Harvey Mitchell Parkway South, Suite 300 • College Station, Texas 77845-4375 979.862-6777.979.862.3250 fax • www.tamus.edu /\! /7/ 42. AgriLIFE EXTENSION Texas A&M System Improving Lives. Improving Texas. INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between Brazos County, ("Sponsor"), and Texas AgriLife Extension Service ("AgriLife Extension"), a member of the Texas A&M University System ("System") and an agency of the State of Texas. Sponsor and AgriLife Extension are collectively referred to as the "Parties" and individually as a "Party." WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to provide a governmental function or service that each party to the contract is authorized to perform individually and in which the contracting parties are mutually interested; and WHEREAS, Sponsor acknowledges that the primary mission of AgriLife Extension is to improve the lives of people, businesses, and communities across Texas and beyond through high - quality, and relevant education; and WHEREAS, Sponsor and AgriLife Extension mutually desire to participate in the Project described in Exhibit A and Sponsor desires to support and fund the Project according to the terms of this Agreement. Therefore, the Parties agree as follows: Article 1. Scope of Work 1.1 AgriLife agrees to perform the work described in the mutually agreed Plan of Work as set forth in Exhibit A ("Project"). Exhibit A and budget estimates in Exhibit B attached hereto form a part of this Agreement. Except as may be provided in any "Other Provisions" section hereto, AgriLife Extension will solely determine the content and manner of performance of the Project. The Project will be performed in a good and professional manner in accordance with generally accepted scientific, technical and professional practices for projects of a similar nature. AgriLife Extension does not guarantee specific results. 1.2 AgriLife Extension will cause the Project to be performed by qualified personnel with the appropriate experience and skills for the assigned tasks. Rebekka Dudensing ("PI"), or successor(s) named by AgriLife Extension, will direct the Project on behalf of AgriLife Extension. Sponsor shall have the right to approve the PI for the Project prior to commencement of the Project, and AgriLife Extension will not change the PI without Sponsor's prior written approval, which shall not be unreasonably withheld. 1.3 AgriLife Extension will make and keep accurate, complete, and current records documenting the Project and all results and intellectual property that may arise out of the Project. Unless otherwise provided under Other Provisions, AgriLife Extension shall make such records available to Sponsor for inspection and copying upon reasonable advance notice during AgriLife's normal business hours. Article 2. Term and Termination 2.1 This Agreement shall be effective as of October 1, 2011 and shall terminate December 31, 2014 but may be renewed annually or otherwise modified or revised upon the written consent of both Parties. Sponsor may terminate this Agreement upon sixty (60) days written notice to AgriLife Extension. AgriLife Extension may terminate this Agreement if circumstances beyond /7/ A4riLIFE EXTENSION PROJECT ACREEMENT Page 2 of 10 its reasonable control preclude continuation of the Project. Upon early termination of this Agreement, AgriLife Extension must provide a final report of expenditures to Sponsor and return any unexpended or uncommitted funds, excluding amounts necessary to discharge uncancellable obligations, including but not limited to salaries of student researchers. 2.2 In addition to the termination right above, either Party may terminate this Agreement effective upon written notice to the other if the other breaches any of the terms and conditions of this Agreement and fails to cure that breach within thirty (30) days after receiving written notice of the breach. In the event of an incurable breach, the non -breaching Party may terminate this Agreement effective immediately upon written notice to the breaching Party. 2.3 If for any reason funds are not appropriated annually by the Brazos County Commissioners Court to continue the Project, this Agreement shall become null and void. All products and services previously delivered or performed will be paid for as set forth under Article 3. Otherwise, Sponsor shall have no further responsibility under this Agreement. Article 3. Consideration and Payment 3.1 Sponsor will provide funding in the amount of $5,300.00 annually, $15,900 for the life of the Agreement, to be used by AgriLife Extension to support the Project. These funds will be advanced annually (unless otherwise provided in the Other Provisions section below) and deposited with AgriLife Extension upon approval of this Agreement. Checks funding the project are to be made payable to and forwarded to: Texas AgriLife Extension Service Attn: Bill Hawke, Senior Project Administrator II 400 Harvey Mitchell Parkway South, Suite 300 College Station, TX 77845-4321 whawket),tamus.edu 979-458-4682 3.2 AgriLife Extension will retain the funds in a restricted, specific account and expend them as needed for materials, supplies, equipment, repairs, labor, travel, and other operating costs to accomplish the Project objectives. Any unexpended balance, unused supplies, or equipment remaining at the completion of the Project shall remain in the name of and become the sole property of AgriLife Extension unless otherwise provided in the "Other Provisions" section below. 3.3 Any additional work not specifically identified in the scope of work, but which is indicated during the course of the Project, must be separately negotiated and funded for the appropriate amounts to be agreed upon by Sponsor and AgriLife Extension in writing. 3.4 Invoices will be paid within thirty (30) days of receipt by Brazos County. All invoices must be received as follows: Brazos County Auditors Office P.O. Box 914 Bryan, Texas 77806 Vc,1 /7/ ASriLIFE EXTENSION PROJECT AGREEMENT Page 3of10 Article 4. Notices Formal notices between the Parties must be in writing and delivered by (i) certified mail, return receipt requested; (ii) hand delivery; (iii) facsimile with receipt of a successful transmission confirmation; (iv) email; or (v) delivery by a reputable overnight courier service. In the case of delivery by facsimile or email, the notice must be followed immediately by a copy of the notice being delivered by a means provided in (i), (ii), or (v). Notices must be delivered to the following addresses or at such other addresses as may be later designated in writing. Sponsor: AgriLife Extension: Name: Torn Quarles Title: Director, Brazos County Special Event Facilities Address: Brazos County Expo Complex 5827 Leonard Rd Bryan, Texas 77807 Ph: (979) 823-3976 Fax: (979) 823-1912 Texas AgriLifc Extension Service 400 Harvey Mitchell Parkway South, Suite 300 College Station, TX 77845-4321 Contracting: Lester Crenwelge, Senior Contract Negotiator I Ph: 979-845-8658 lcrenwelgc at tarnus.edu Project Administration Bill Hawke, Senior Project Administrator II Ph: 979-458-4682 whawke@tamus,edu Proposal: Mia Zwolinski, Proposal Administrator 1 Ph: 979-845-0434 mawolinski@tamus.edu Article 5. Publication and Publicity 5.1 AgriLife Extension reserves the right to make public or publish Project results as it may consider desirable unless otherwise provided in the "Other Provisions" section below. Acknowledgement of support received from the Sponsor will be made in any published results as desired by the Sponsor. 5.2 Sponsor may not use the name or any adaptation of the name of AgriLife Extension or any of its employees in any way except in factual statements that, in context, are not misleading or imply an endorsement by AgriLife Extension or any of its employees of the Sponsor or any other party, product, or process. Sponsor may not use the name or any adaptation of the name of AgriLife Extension or any of its employees in any advertising, promotional, or sales literature without the advance written consent of AgriLife Extension and any literature produced by Sponsor referencing the Project must appropriately reflect credit upon AgriLife Extension and its personnel and activities. ��ni. -/7/ Pg.. G, -h 4:riL1FE EXTENSION PROJECT AGREEMENT Page 4 of 10 Article 6. Intellectual Property 6.1 AgriLife Extension retains all intellectual property rights created by AgriLife Extension employees during the course of the performance of Project, including but not limited to all copyrights and copyrightable material produced for or as a result of Project. 6.2 AgriLife Extension grants Sponsor an irrevocable, worldwide, paid -up, royalty -free, non- transferable, nonexclusive right and license to use, reproduce, distribute, create derivative works of, publicly display and publicly perform (to the extent not prohibited by applicable law) the copyrights and copyrightable material, other than computer software (including both source and executable code. its documentation, and/or information databases) first developed under this Agreement. Article 7. Warranties 7.1 AgriLife Extension makes no warranties, express or implied, as to any matter, including, without limitation, warranties as to the conduct, completion, success, or particular results of the Project, or the condition, ownership, merchantability, or fitness for a particular purpose of the Project or any materials produced for or as a result of the Project. 7.2 At all times during and after termination of this Agreement, Sponsor must indemnify, defend, and hold harmless System, AgriLife Extension, its regents, officers, and employees against any claim, proceeding, demand, liability, or expense (including legal expenses and reasonable attorney fees) that relate to injury to persons or property or against any other claim, proceeding, demand, expenses, and liability of any kind resulting arising from the negligence or willful misconduct of Sponsor, its officers, employees, contractors, or agents and related to the Project or materials produced for or as a result of Project. Article 8. Miscellaneous 8.1 Each Party must excuse any breach of this Agreement by the other which is proximately caused by government regulation, war, strike, act of God, or other similar circumstance normally deemed outside the control of well -managed businesses. 8.2 The laws of the State of Texas govern and determine the validity of this Agreement and all matters related to this Agreement, including but not limited to matters of performance, non- performance, breach, remedies, procedures, rights, duties, and interpretation or construction. 8.3 This Agreement does not create a partnership or joint venture between Sponsor and AgriLife Extension. Neither party has any right to obligate or bind the other in any manner. 8.4 If any provision or provisions of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. The failure of either Party at any time to require performance by the other Party of any provision of this Agreement will in no way affect the right to require performance at any later time nor will the waiver by either Party of a breach of any provision waive any succeeding breach of that provision or waive the provision itself. 8.5 AgriLife Extension is an agency of the State of Texas and nothing in this Agreement waives or relinquishes AgriLife Extension's right to claim any exemptions, privileges, and immunities as may be provided by law. �� _/T/__ Pa 46 I a' AS► iL[FE EXTENSION PROJECT AGREEMENT Page 5 of 10 8.6 This Agreement is binding upon and will inure to the benefit of the Parties, their representatives, successors in interest and authorized assigns. 8.7 This Agreement contains the entire understanding of the parties with respect to the matters contained in this Agreement, and supersedes all other written and oral agreements between the parties as to those matters. The parties may execute other contracts, but those will not change or alter this Agreement unless expressly stated in writing. Article 9. Other Provisions (if any) No Additional Provisions In WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. SO J _ - A TEXAS AGRILIFE EXTENSION SERVICE: Signature of Authorized Representative �L-�C ; t) Typed/Printed Name and Titl Date: � 1 4 - i aR Signatt fre of Autlhorized Representative "'fee - Jane Zuber, Director. Contracts & Grants Typed/Printed Name and Title Date: 1.31 •I Z �7 :r;ri . EXTENSION PROJECT AGREEMENT Page 6 of l0 Reviewed and Approval Recommended: fJ,, P ncipat Investigator (I Date: / r 41;2 ('Ijead of Department //Date: / ` 7? •-/Z, i r / / 7,-'clly,' �� 2 - Associate Department Head/Program Leader/ Center/Station/District/County Director Date: i - 3—6/2 4:IFE EXTENSION PROJECT AGREEMENT Page 7 of 10 Exhibit A Plan of Work See following page /7/ Z f AgriL1FE EXTENSION PROJECT AGREEMENT Page 8 of 10 Texas AgriLife Extension Service Proposal for the Brazos County Expo Complex 12/22/11 AgriLIFE EXTENSION TcxosA&M System Improving Lives. Improving Texas. Economic Impacts of the Brazos County Expo Complex Principal Investigator: Rebekka Dudensing Assistant Professor and Extension Economist -Community Economic Development 2124 TAMU, Department of Agricultural Economics, College Station, TX 77843-2124 Tel. (979) 845-1719, Fax. (979) 847-9378, rmdudensing@ag.tamu.edu Contact Information: Jane Zuber, Director Contracts and Grants Texas AgriLife Extension Service 400 Harvey Mitchell Parkway South, Suite 300 College Station, TX 77845-4321 Mia Zwolinsld, Proposal Administrator I Ph: 979-845-0434 mzwolinski@tamus.edu Lester Crenwelge, Award Senior Contract Negotiator I Ph: 979-845-8658 Icrenwelge@tamus.edu Bill Hawke, Senior Project Administrator II Ph: 979-458-4682 whawke@tamus,edu Statement of Services: AgriLife Extension will produce a county -level impact model to estimate the economic impacts of The Brazos County Expo Complex. The impact analysis will focus on the economic outcomes of the proposed center on county level: • Output (gross sales) • Value-added (contribution to GDP) • Employment • Labor income • Local sales and hotel taxes. Materials and surveyor training are provided by the principal investigator (PI) as described in the Deliverables section of this proposal. Expo Complex staff and volunteers will do the in -person surveying of Expo event participants and attendees. The PI will provide technical support throughout the process. The PI is also responsible for the scanning of surveys, data analysis, and creation of written impact reports. A���riL1FE EXTENSION PROJECT AGREEMENT Page 9 of 10 Methodology and Data Requirements: The Expo will obtain volunteers or task staff to randomly survey event attendees and participants. The Expo staff is familiar with surveying procedures, but to ensure respect for human subjects, the PI will provide the Expo with written and video instructions on surveying to be given to and read by surveyors, who will sign a statement provided by the PI verifying that they understand the protocol and agree to abide by it. The PI will also provide a generic questionnaire template approved by the IRB for the Expo's data collection purposes and a business card template (contact card) stating the purpose of the survey and referring questions to the Expo survey coordinator, PI, and TAMUS IRB contacts. The Expo volunteers will conduct the surveys for tabulation. Surveys will be conducted randomly with volunteers intercepting every nth person (determined based on event size). Surveyors will read the introductory paragraph describing the purpose of the study, asking the client to participate, and stating that participation indicates consent but participants may discontinue participation at any time. Volunteers will be instructed to survey only adults (over age 18) and not to pressure any individual to take the survey. Refusals will be tallied, as will intercepts who have already completed the questionnaire for that event. Surveyors should verbally ask the questions on the survey and, when possible write the responses themselves.I Surveyors will offer all potential participants a contact card and thank all participants or refusing individuals for their time. Expo staff will review the completed questionnaires for their ability to be read and scanned. They will then deliver the completed questionnaires to the PI. The questionnaires will be scanned by the Organizational Development (OD) unit of AgriLife Extension. The OD unit will send the PI a data spreadsheet with one questionnaire per line. The PI will review the spreadsheet for accuracy, using the original questionnaires for validation. The PI will then calculate Expo volume and spending by class of survey respondent (e.g., local and non -local) from the data. Each dollar spent in the county (for example, through non-residents' expenditures associated with concerts or sporting events) generates additional spending through the indirect (input purchases) and induced (household purchases) effects of the supply chain. Thus, the total effect of nonlocal expenditures in the region is greater than the initial dollar spent. Event -related expenditures by county residents also contribute to the economy but must be addressed carefully because residents are more likely to make trade-offs between entertainment choices within the county. Non-residents, on the other hand, bring new money to the local economy. The economic impacts of visitor spending calculated from the data will be modeled using IMPLAN.1 Written report(s) of results will be provided to the Expo Center as described in the Deliverables section of this proposal. 1 Minnesota IMPLAN Group. 2009. IMPLAN Version 3. Hudson, WI. AriLIFE EXTENSION PROJECT AGREEMENT Page 9 of 10 Methodology and Data Requirements: The Expo will obtain volunteers or task staff to randomly survey event attendees and participants. The Expo staff is familiar with surveying procedures, but to ensure respect for human subjects, the PI will provide the Expo with written and video instructions on surveying to be given to and read by surveyors, who will sign a statement provided by the PI verifying that they understand the protocol and agree to abide by it. The PI will also provide a generic questionnaire template approved by the LRB for the Expo's data collection purposes and a business card template (contact card) stating the purpose of the survey and referring questions to the Expo survey coordinator, PI, and TAMUS IRB contacts. The Expo volunteers will conduct the surveys for tabulation. Surveys will be conducted randomly with volunteers intercepting every nth person (determined based on event size). Surveyors will read the introductory paragraph describing the purpose of the study, asking the client to participate, and stating that participation indicates consent but participants may discontinue participation at any time. Volunteers will be instructed to survey only adults (over age 18) and not to pressure any individual to take the survey. Refusals will be tallied, as will intercepts who have already completed the questionnaire for that event. Surveyors should verbally ask the questions on the survey and, when possible write the responses themselves.I Surveyors will offer all potential participants a contact card and thank all participants or refusing individuals for their time. Expo staff will review the completed questionnaires for their ability to be read and scanned. They will then deliver the completed questionnaires to the PI. The questionnaires will be scanned by the Organizational Development (OD) unit of AgriLife Extension. The OD unit will send the PI a data spreadsheet with one questionnaire per line. The PI will review the spreadsheet for accuracy, using the original questionnaires for validation. The PI will then calculate Expo volume and spending by class of survey respondent (e.g., local and non -local) from the data. Each dollar spent in the county (for example, through non-residents' expenditures associated with concerts or sporting events) generates additional spending through the indirect (input purchases) and induced (household purchases) effects of the supply chain. Thus, the total effect of nonlocal expenditures in the region is greater than the initial dollar spent. Event -related expenditures by county residents also contribute to the economy but must be addressed carefully because residents are more likely to make trade-offs between entertainment choices within the county. Non-residents, on the other hand, bring new money to the local economy. The economic impacts of visitor spending calculated from the data will be modeled using IMPLAN.' Written report(s) of results will be provided to the Expo Center as described in the Deliverables section of this proposal. I Minnesota IMPLAN Group. 2009. IMPLAN Version 3. Hudson, WI. Von. / 7/ Pg.,. %Z .4ZEXTENSION PROJECT AGREEMENT Page 10 of 10 Approximate Timeline: The contract period runs from October 1, 2011 through December 31, 2014. An annual report, based on the county's fiscal year (Oct 1 -Sept 30), will be delivered as soon as possible following the end of each fiscal year„ but no later than December, 31, of each year, provided all completed questionnaires are submitted to the PI yearly by October 15, . Six weeks should be expected for the analysis and creation of update briefs, allowing reasonable time for OD to scan questionnaires and the PI to conduct analysis. Project Deliverables: AgriLife Extension will provide a written annual report documenting the estimated impacts of the Expo Complex on the Brazos County economy and up to two update briefs for policy purposes or to highlight major events. Update briefs are created at the request of the client. The annual report will include • Complete graphic and text explanation of annual event volume, spending, and impacts. • Comparison of monthly, quarterly, and, as available, annual spending trends. • Two -page executive summary that can be used as a stand-alone report. • Appendix detailing survey and analysis methods. • Template for the venue to include stories or visitor quotations should they choose to do so. Update briefs will include • Four -page graphic depiction of spending and impacts for the specified time period or event. • Short descriptions of methods with a link to the full methodology online. Other materials provided as part of the contract include • Customized scannable survey template. • Contact card template. • Staff/volunteer surveyor training video and written survey instruction/protocol. • Survey script for staff and volunteers. • Template for staff/volunteer statement verifying that surveyors understand and agree to follow the survey protocol. Pricing per year: $3,968 for the survey template, volunteer training materials, scanning, analysis and report. $238 for Dr. Dudensing to provide 2 in -person professional presentations of the results. $4,206 total direct costs $1,094 indirect costs $5,300.00 Total (inclusive of 26% indirect costs) v 171 _____ pg. 73 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 6, 2012 SUBJECT: Private Property Access Request permission to enter private property owned by Jimmie Arnold located on Planters Loop for the purpose of replacing roadway culverts and reshaping drainage channel into pond. Driveway culvert will also be replaced and ditch realigned to improve drainage. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. SUBMITTED BY: o a . Salvato Right of Way Agent APPROVED BY: Sammy CpCalena Commissioner Precinct 2 This request is Iti APPROVED ENT .D ❑ by Commissioners' Court � � Duane Peters, County Judge DATE: /IP (1g, von 7/ Pg, 74/ BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct. 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct. 4 R. Alan Munger, P.E. County Engineer Brazos County Road & Bridge Dept. 2817 Hwy 21 West Bryan, Texas 77803 Office: 979.822-2127 Fax: 979-775-0453 amunger@brazoscountytx.gov I. OWNER(S): Jimmie Arnold II. ADDRESS: 7625 Planters Loop Bryan, Texas 77808 III. LOCATION OF WORK: Same as above R99833 — Timber Creek at Steep Hollow, Phase II Block 2, Lot 4, 2.4 acres IV. DESCRIPTION OF WORK: Project will replace roadway culverts and reshape drainage channel into pond. Driveway culvert will also be replaced and ditch will be realigned to improve drainage. Rip -rap material will be placed on private property to eliminate erosion. Additional Comments: V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: 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 Siggature: Alan Munger, P. County Engineer Vol / 7/ Date: )k/i it vato ay Agent BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 6, 2012 SUBJECT: Utility Permit — Verizon Communications Consider and take action on the Verizon Communications utility permit to install service drop within and along the West right-of-way of Deep Well Road for 582' to address 8989. Site is located in Precinct 2. REQUIREMENTS: • No work will be permitted between front slope and/or back slope • No work shall be done within 3' of driveway culverts measured from outside culvert walls • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 2-4' of and parallel to the right-of-way line and/or, 2) in the case of a road bore, perpendicular to the right-of-way line • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way • All disturbed areas will be seeded after completion, if ground cover was removed and shall be compacted in 8" lifts to 90% density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction • All underground utilities shall be place at least thirty-six (36") below ditch flow line • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site • Utility will be installed in accordance with the Brazos County Roadway Safety and Road Preservation Standards SUBMITTED BY: . Salvato ght of Way Agent This request is2"AYPROVED / DENIED ❑ by Commissioners' Court APPROVED BY: Sammyatalena Commissioner Precinct 2 Duane Peters, County Judge DATE: ( 1ha / Iva /7/ Pg._76 VERIZON COMMUNICATION Notice ofLine Installation OCT 30, 2012 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON County COMMUNICATIONSRoad in Baw'll osconstruct a communication line within the right-of-way of Texas as follows: Verizon Communications will place dl�9 pair service is ocated 732' within of driveway along the W Row of Deep Well Rd from ped 8989 Deep Well Rd. Service wire will be placed at minimum depth of 36" below ditch flow line 582' n and enter customer property The location and description of this line and associated appurtenances is more fully shown in the drawings attached to this notice. in line will e accordance theBtructed razos and maintained on the County Road right-of-way County Roadway Safety and Road Preservations Standards and governing laws. od Notwithstanding any other provision contained herein, it Southwestslncorporaly tedndoesonot that the tender of this notice by the Verizon ro ert constitute a waiver, surrender, abandonment or impairment of any property p y rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. This work is to be completed on Work Order 5416-9P012DB whichis ) s schedul scheduled for 11!09/2012 If you have any questions concerning this work, p ANTHONY VITANZA at our office in Bryan, telephone 979-821-4754 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved VER1ZON COMMUNICATIONS 5416- 9P012DB VaJda-K Brenda Vajdak Supervisor -Network Engineer 301 Industrial Blvd. Bryan, TX 77803 Vol /7/ 77 BRAZOS COUNTY PROCEDURES TO BE FOLLOWED FOR ACTIVITY IN, UNDER, ACROSS OR ALONG BRAZOS COUNTY ROADS, STREETS, HIGHWAYS ht of Wa (in, under, across, or along), shall apply for a Anyone proposing to conduct activity in a Brazos County Rig y permit. Such activity, including but not limited to laying, a germ constructing, make application for opermitrthe following must d pole lines, gas lines, or any other utility, shall apply for p be submitted: 1. Complete application form (attached hereto); 2. Attach a Vicinity Map or Key Map page; and 3. Provide detailed construction drawings indicatinghe scouirements fok Work Condpe of worand uc ed initBrazos County h the attached Brazos County Design Standards and Safety PrecautionRe q Rights of Way. The completed application and all of its appurtenances shall not contain any false information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction may in. Early on any construction, other than emergency situations, will not be considered. Permittingy take up to two weeks. A separate application must be filed for each work site. Written notices are required: 1.24 hours in advance of construction start up; 2. If an emergency existed, 24 hours notice after construction started; and 3. Notification that construction is complete and ready for County to inspect to ensure right of way is returned back to original condition. Provide Notice to: Joe Salvato Phone Number (979) 822-2127 ext. 3033 Brazos County Engineer's Office 2617 Highway 21 West Bryan, Texas 77803 e-mail - JSalvato@brazoscountybc.gov Failure to obtain a permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. vr,t /7/ 7f NOTIFICATION OF PROOAC� ITIES AND DOSIGNA ONG REPAIRS OF TELEPHONE PLACEMENT COUNTY RIGHT OF TO: THE COUNTY ENGINEER OF RA OSCOUNTY, TEXAS Comes now Verizon (company name), hereinafter referred to as "Company" an Texas (state) Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Verizon Communications will place one 3 pair service drop within and along the west ROW of Deep Well Road from PED 29, which is located 732' south of driveway of 8989 Deep Well Road. Service will beplacedat a minimum depth of 36" below ditch flow line 582' north and enter customer property. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction/work with 30 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, ithas as s ascertained dthe facie locatiion of ce that xisting proposed lutilities, both aerial and underground, and the filing of this application P installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. v,, -≥1 /7/ Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Verizon Company Name UREND4 By: bteAlde.,_ Signature Supervisor — Network Engineering Title 301 Industrial Blvd, Bryan, TX 77803 Address Phone Number 979-821-4754 Email: anthony.vitanza@verizon.com \joi / 7/ ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location pf the utility in the County right of way as shown by accompanying drawings and notice dated Novem t5Ft / , PQ/ except as noted below: (Month/Day/Year) EXCEPTIONS: NoNat Brazos Coungineer City of Bryan Map Output Page Page 1 of 1 1 f O. ___ tal• fr i� ra••cetre•eeyJ•Xas'>frt.,' C'Oix!•a'.1Act'l' Cw'BTI1992'2 t2:y7ltic Copyright 2003 - 2012 City of Bryan GIS P.O.BOX 1000 Bryan, TX 77805 n Arc IMS DISCLAIMER . This is a product of the City of Bryan GIS Department. The data depicted here have been developed with extensive cooperation from other city departments. as well as other federal, state and local government agencies. The City of Bryan expressly disclaims responsibility for damages or liability that may arise from the use of this map. PROPRIETARY INFORMATION: Any resale of this information is prohibited, except in accordance with a licensing agreement. to 19,n (.;FIN' OF BRYAN (.ea' /:i'. 7i:wil C1•1�. a aril Loc. rr. 51-1-6 c- i two P.- 0 iG 9S Decp aar; Prr;man Reriman?ServiceName=REGI0NAL_... 10/26/2012 TO FM 974 In 03 s z I Iaax MAN= N CrNor» 900£7 NNN i (•1 i f\ i i , QOM. SIN Nr,��NI,NU £T OOX NcococDCDCDCOcocDc u51-bl'900£7 `mmmmmmcsaGor l_6�900£7 Nl�mMUSICS CS) mmmm5Z_93 900£3 cnnuuuuuuuc L -L'900£7 £Z£ £ 900£7 b -b'900£7 bZ r L1 -L1'900£7 bZ-VV900£7 0T'£Zb3 .0Z9£ • o- (59) Z18• Vol. /7/ BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVAgOAiJANTY � HTOOF WAYS FOR WRK CONDUCTED IN gZOS COUNTY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. Al] County Right of Way and property shall g 3. The permittee shall take precautions to avoid damage to property. En ineer or appointed be restored to its original condition, as far as practical, in the opinion of the County representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. lic. If it is 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the pubher such iproject determined that inconvenience to the public exists, then the County Engineer willdecide will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements in lace riot to beginning work and remain in place during the 1. Proper traffic control measures must be put p p duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including eplacing area. Company shall provide and displaying �flagmen, , as may be necessary, in order to safely conduct the public through thproject signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained poles placed n the Right of Way for danger or hazard of any kind to persons or vehicles using such y future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following:requires specific nhttime traffic a. Any construction (i.e. pit, excavation, hole) left open over night, - control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work kis beinerformed. g p ' 7/ 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths— utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0-2 feet, nominally 1' Phone — 2-4 feet, nominally 3' Gas — 4-6 feet, nominally 5' Cable — 6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of thecrossing belnrventhe annular 24 hours notice of pressureace between 1pe and casing and grouting operations soil exceeds one (1) inch. Brazos County $ and have the opportunity to have an inspector on site to observe pressure grouting operations; pe lin n and joints. c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, g 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in c. pits shall NOT be located within ten (10) feet from County Engineer or his representative; d. when pits are to remain open for more than 8 hours, to prevent drainage problems; place. See Traffic Control Plan listed above. the edge of pavement without prior approval from the due diligence will be used in protecting the spoil pile e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed be during a d peiod or at other times shall be replaced e excess er with PEtRMANENT cement stabilized from material the trench will be considered TEMPORARY as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. hi the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the -Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, or provothemfae lt, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. Vol, //_L_.__..._. Pg. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Encased Pipe Non -Cased Pipe Non -Cased Pipe Less than 10' Greater than 10' Less than 10' Greater than 10' Must be covered with concrete pad at least 36"deep No concrete pad required Must be covered with concrete pad at least 48"deep No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum_ 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. /7/ a7 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 6, 2012 SUBJECT: Utility Permit — Wickson Creek Special Utility District Consider and take action on the Wickson Creek S.U.D. utility permit to construct 6" road bore on Dilly Shaw Tap Road. This project will provide water service to customers in the area. Site is located in Precinct 2. REQUIREMENTS: • No work will be permitted between front slope and/or back slope • No work shall be done within 3' of driveway culverts measured from outside culvert walls • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 2-4' of and parallel to the right-of-way line and/or, 2) in the case of a road bore, perpendicular to the right-of-way line • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way • All disturbed areas will be seeded after completion, if ground cover was removed and shall be compacted in 8" lifts to 90% density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction • All underground utilities shall be place at least thirty-six (36") below ditch flow line • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site • Utility will be installed in accordance with the Brazos County Roadway Safety and Road Preservation Standards SUBMITTED BY: V. Salvato ght of Way Agent This request is.0'PPROVED / DENIED O by Commissioners' Court APPROVED BY: Sammy atalena Commissioner Precinct 2 Duane Peters, County Judge DATE: 10e /7/ BRAZOS COUNTY PROCEDURES TO BE FOLLOWED FOR ACTIVITY IN, UNDER, ACROSS OR ALONG BRAZOS COUNTY ROADS, STREETS, HIGHWAYS Anyone proposing to conduct activity in a Brazos County Right of Way (in, under, across, or along), shall apply for a permit. Such activity, including but not limited to laying, constructing, maintaining, and/or repairing cable, conduit, pole lines, gas lines, or any other utility, shall apply for a permit. To make application for a permit, the following must be submitted: 1. Complete application form (attached hereto); 2. Attach a Vicinity Map or Key Map page; and 3. Provide detailed construction drawings indicating the scope of work and compliance with the attached Brazos County Design Standards and Safety Precaution Requirements for Work Conducted in Brazos County Rights of Way. The completed application and all of its appurtenances shall not contain any false information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction begin. Early start on any construction, other than emergency situations, will not be considered. Permitting may take up to two weeks. A separate application must be filed for each work site. Written notices are required: 1.24 hours in advance of construction start up; 2. If an emergency existed, 24 hours notice after construction started; and 3. Notification that construction is complete and ready for County to inspect to ensure right of way is returned back to original condition. Provide Notice to: Joe Salvato Phone Number (979) 822-2] 27 ext. 3033 Brazos County Engineer's Office 2617 Highway 21 West Bryan, Texas 77803 e-mail - JSalvato@brazoscountytx.gov Failure to obtain a permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. 0.,f � ,/ .F APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wickson Creek Special Utility District [company name], hereinafter referred to as "Company" a Texas Utility [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION (CHECK ONE) Bored Jacked Driven Cased Dilly Shaw Tap Road 70' X X Near address 4210 Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 4" Diameter Wall Thickness 6" PVC Encasement Pipe Material Specification PVC Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 1 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used b3! the holder Amite holder will at all times assume risk • / 7/ y R`. expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Wickson Creek Special Utility District Company Name /leteYe GRJtii- o.� By: Signature General Manager Title 8770 Hwy 21 E, P.O. Box 4756 Address Bryan, TX 77808 City State Zip (979)589-3030 Phone Number watson@wicksoncreek.com Email: /7/ 11 WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated , ovi,Ai6ri2 f / 0701,2 except as noted below: (Month/Day/Year) EXCEPTIONS: fot4 �. '4L4el frfdggER , ff E. Brazos runty Engineer S Pao/ ,62 w r Title l7/ oflimo a Grit' DIA134 cS 1 TflF R 1. OTI.A LSW. CoR, f'Dfo6EV 1OAC# PQR Our* le" ezeMertti r 'APE �u�1.1n 'fir" L 3v- ER-La DRAn By Sct J J 40131'a- liTS GIA NYld A 73 N -A VI- AO-1HOIb OVOil t7 F- V\ Alan l0-1HUU QVOR O 0 rn rn r 2 rn 0 0 0 a z 0 Hai HIE(ON MONS ea I I 0 F /nl_ /7/. Pg,/.5 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. Vol /ZL P9. 9 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All a. b. c. d. underground installations shall (these are minimum depths — utility may place deeper): be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0-2 feet, nominally 1' Phone — 2-4 feet, nominally 3' Gas — 4-6 feet, nominally 5' Cable — 6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing ijthe annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in c. pits shall NOT be located within ten (10) feet from County Engineer or his representative; d. when pits are to remain open for more than 8 hours, to prevent drainage problems; place. See Traffic Control Plan listed above. the edge of pavement without prior approval from the due diligence will be used in protecting the spoil pile von. /7/ 77 I e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed be during a d period or at TEMther PORARY shall be replaced s where excess er witcannot PEtRMANENT cement stabilized from entering le trench material will be considered TEMPOR.A as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a Countyshall Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the , caconstruction, es, ppipes, o repair, rimprovement, o alteration or relocation of all or any portion of said road, any llpoles, ities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. k., /7/ H. High Pressure Pipelines I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch trade) Special Requirements Encased Pipe Encased Pipe Non -Cased Pipe Non -Cased Pipe Less than 10' Greater than 10' Less than 10' Greater than 10' Must be covered with concrete pad at least 36"deep No concrete pad required Must be covered with concrete pad at least 48"deep No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 6, 2012 SUBJECT: Utility Permit — Wickson Creek Special Utility District Consider and take action on the Wickson Creek S.U.D. utility permit to construct 1 t/z" road bore on Frieda Lane. This project will provide water service to customer at address 1639. Site is located in Precinct 2. REQUIREMENTS: • No work will be permitted between front slope and/or back slope • No work shall be done within 3' of driveway culverts measured from outside culvert walls • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 2-4' of and parallel to the right-of-way line and/or, 2) in the case of a road bore, perpendicular to the right-of-way line • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way • All disturbed areas will be seeded after completion, if ground cover was removed and shall be compacted in 8" lifts to 90% density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction • All underground utilities shall be place at least thirty-six (36") below ditch flow line • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site • Utility will be installed in accordance with the Brazos County Roadway Safety and Road Preservation Standards SUBMITTED BY: . Salvato ht of Way Agent APPROVED BY: Sammy Cafalena Commissioner Precinct 2 This request is arAPPROVED / DENIED 0 by Commissioners' Court Duane Peters, County Judge DATE: I L((.0 /D 62 BRAZOS COUNTY PROCEDURES TO BE FOLLOWED FOR ACTIVITY IN, UNDER, ACROSS OR ALONG BRAZOS COUNTY ROADS, STREETS, HIGHWAYS Anyone proposing to conduct activity in a Brazos County Right of Way (in, under, across, or along), shall apply for a permit. Such activity, including but not limited to laying, constructing, maintaining, and/or repairing cable, conduit, pole lines, gas lines, or any other utility, shall apply for a permit. To make application for a permit, the following must be submitted: 1. Complete application form (attached hereto); 2. Attach a Vicinity Map or Key Map page; and 3. Provide detailed construction drawings indicating the scope of work and compliance with the attached Brazos County Design Standards and Safety Precaution Requirements for Work Conducted in Brazos County Rights of Way. The completed application and all of its appurtenances shall not contain any false information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction begin. Early start on any construction, other than emergency situations, will not be considered. Permitting may take up to two weeks. A separate application must be filed for each work site. Written notices are required: 1.24 hours in advance of construction start up; 2. If an emergency existed, 24 hours notice after construction started; and 3. Notification that construction is complete and ready for County to inspect to ensure right of way is returned back to original condition. Provide Notice to: Joe Salvato Phone Number (979) 822-2127 ext. 3033 Brazos County Engineer's Office 2617 Highway 21 West Bryan, Texas 77803 e-mail - JSalvato@brazoscountytx.gov Failure to obtain a permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. /o/ APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wickson Creek Special Utility District [company name], hereinafter referred to as "Company" a Texas Utility [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION (CHECK ONE) Bored Jacked Driven Cased 1639 Frieda Lane 40' X X Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 1" Diameter Wall Thickness 1 '''A" PVC Encasement Pipe Material Specification PVC Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 1 working days. (COISTPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk City (979)589-3030 Phone Number watson@wicksoncreek.com expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit ai any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notes the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Wickson Creek Special Utility District Compan Name By: Signature General Manager Title 8770 Hwy 21 8, P.O. Box 4756 Address Bryan, TX 77808 State Zip Email: WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated /CD 3' 0O0 except as noted below: (Month/Day/Year) EXCEPTIONS: Nme Brazos County Enginee Signre Title O-IH€IN AVON ci MIA NV1d • rn r z rn 0 0 0 c 0 p3LL y Sf ✓ � � '%-04-P 0 0 0 • / 7 ( E -g. /a V(.1 7! ./°7 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices (`BM.P") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards L All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths— utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0-2 feet, nominally 1' Phone — 2-4 feet, nominally 3' Gas — 4-6 feet, nominally 5' Cable — 6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; 17/ /� e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said mad, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. j7/ H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Encased Pipe Non -Cased Pipe Non -Cased Pipe Less than 10' Greater than 10' Less than 10' Greater than 10' Must be covered with concrete pad at least 36"deep No concrete pad required Must be covered with concrete pad at least 48"deep No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 6, 2012 SUBJECT: Utility Permit — Wickson Creek Special Utility District Consider and take action on the Wickson Creek S.U.D. utility permit to construct 1 '/z" road bore on Reed Lane. This project will provide water service to customer at address 1788. Site is located in Precinct 2. REQUIREMENTS: • No work will be permitted between front slope and/or back slope • No work shall be done within 3' of driveway culverts measured from outside culvert walls • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 2-4' of and parallel to the right-of-way line and/or, 2) in the case of a road bore, perpendicular to the right-of-way line • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way • All disturbed areas will be seeded after completion, if ground cover was removed and shall be compacted in 8" lifts to 90% density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction • All underground utilities shall be place at least thirty-six (36") below ditch flow line • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site • Utility will be installed in accordance with the Brazos County Roadway Safety and Road Preservation Standards SUBMITTED BY: APPROVED BY: V. Salvato ammy Galena ght of Way Agent This request is eY.APPROVED / DENIED J by Commissioners' Court Duane Peters, County Judge DATE: L i(0 �f L__ Commissioner Precinct 2 /7/ BRAZOS COUNTY PROCEDURES TO BE FOLLOWED FOR ACTIVITY IN, UNDER, ACROSS OR ALONG BRAZOS COUNTY ROADS, STREETS, HIGHWAYS ), shall Anyone proposing to conduct activity in a Brazos County �onstruct ght of Way (in, (maintainingc and/or repairing epai�ing cable,clonduit, y for a permit. Such activity, including but not limited to pole lines, gas lines, or any other utility, shall apply for a permit. To make application for a permit, the following must be submitted: 1. Complete application form (attached hereto); 2. Attach a Vicinity Map or Key Map page; andh the attached 3. Provide detailed construction drawings indicating he scope of work and compliance Requirements for Work Conducted initBrazos County Brazos County Design Standards and Safety Precaution Rights of Way. The completed application and all of its appurtenances shall not contain any false information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction begin. Early start on any construction, other than emergency situations, will not be considered. Permitting may take up to two weeks. A separate application must be filed for each work site. Written notices are required: 1.24 hours in advance of construction start up; 2. If an emergency existed, 24 hours notice after construction started; and 3. Notification that construction is complete and ready for County to inspect to ensure right of way is returned back to original condition. Provide Notice to: Joe Salvato Phone Number (979) 822-2127 ext. 3033 Brazos County Engineer's Office 2617 Highway 21 West Bryan, Texas 77803 e-mail - JSalvato@brazoscountytx.gov Failure to obtain a permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. //3 APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WickSOn Creek Special Utility District [company name], hereinafter referred to as "Company" a Texas Utility [state] Corporation, with authority to transact business in Texas, acting construct,and maintain,pair and/or oph its duly erate a gas facilized ity under, d hereby petitions the County Engineer for the right to lay, c , over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number 1788 Reed Lane Road Name and Block Number Length of Crossin: 40' Bored X TYPE OF CONSTRUCTION CHECK ONE Jacked Facility to Parallel County Road Within Rieht-Of-Wa From To CONSTRUCTION TYPE 1" Diameter Wall Thickness 1 '/2" PVC Encasement Pipe Driven Cased X Depth Distance Material Specification PVC Maximum Operation Pressure 80 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. te of and The Company shall commence actual construction/work in good n(COMPANY MUSTFILL atth hin 60 days from the asaid er If tsuch shall complete said construction /work within 1 workingdays. construction is not begun by the 60" day, Company will be required to apply for a new permit. l Company declares that prior to filing this application, it has tnacf�e evidence ned the cation of that . the proposedexisting installationboth will not and underground, and the filing of this application p conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a lice aght msat the ad holder.of acilities upon public property pursuant to this permit shall not operate to create or vest any property r id only to the tent of the County's It is understood and agreed that the rights and privileges granted the holder will atxall times assume riskright, title and interest in the land to be entered uponand used by the holder /7/ Pg./i4/ expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY CONDUCTED IN BDESIGN STANDARDS RAZOS COUNTY RIGHTSND SAFETY OFWAY andEncorpoTON ated REQUIREMENTS FOR WORK herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notes the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Wickson Creek Special Utility District Comp �N^amme /1e► H By: Signature General Manager Title 8770 Hwy 21 E, P.O. Box 4756 Address Bryan, TX 77808 City State Zip (979)589-3030 Phone Number watson@wicksoncreek.com Email: 7/ WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location o�utility except as note d County d right of way as shown by accompanying drawings and notice dated A%✓ee R r (Month/Day/Year) EXCEPTIONS: ��Alg VNGER , P"". foe Brazos ,unty Enginer Si inure law /4160'r Title C kot Cori: 1'i 30 Iwo" Lcaw C ti sfom L.. QtJ Ar2.2 oer.v.3z1Jcp 9(2090.17 RDPo SORE 1.N5=1. 1,'1s;' a1ZA.saMaI.3t VXPE LAMin l" W M 2—U.1 Ut GA?c t oWl, O 03w -1404d QM: >L A-14AI Lt-O4,,2a, Ab7Ul-d 0-11.1 DI i QV OH 73 t/ L C5 rn rn tft 0 O z J. 0 ODA-I0-1HEIa QV0k1 D�LG Y 'T oP /2()14hp rt I /7/ l //,9- BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the a. Any construction (i.e. pit, excavation, hole) left open over night, requires following: spec_,_ ific ni hg tome traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. Vol . _ l7/ Pa /0Z 0 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths— utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0-2 feet, nominally 1' Phone — 2-4 feet, nominally 3' Gas — 4-6 feet, nominally 5' Cable — 6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure groutijacking, ngoperations; penand tn' c. LOOT Standard Specification Item 476 shall be followed for all boring, tunneling joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in c. pits shall NOT be located within ten (10) feet from County Engineer or his representative; d. when pits are to remain open for more than 8 hours, to prevent drainage problems; place. See Traffic Control Plan listed above. the edge of pavement without prior approval from the due diligence will be used in protecting the spoil pile /7/ r - 'g/ / e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for e, wires, construction, pipes, or other tionrepairmrovimprfaciliovement, alteration or relocation of all or any portion of said road, any or all poles, and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Encased Pipe Non -Cased Pipe Non -Cased Pipe Less than 10' Greater than 10' Less than 10' Greater than 10' Must be covered with concrete pad at least 36"deep No concrete pad required Must be covered with concrete pad at least 48"deep No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. /7/ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: November 6, 2012 SUBJECT: Utility Permit — Verizon Communications Consider and take action on the Verizon Communications utility permit to install service drop within and along the North right-of-way of Mark Street to address 8769. Site is located in Precinct 4. REQUIREMENTS: • No work will be permitted between front slope and/or back slope • No work shall be done within 3' of driveway culverts measured from outside culvert walls • All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 2-4' of and parallel to the right-of-way line and/or, 2) in the case of a road bore, perpendicular to the right-of-way line • If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way • All disturbed areas will be seeded after completion, if ground cover was removed and shall be compacted in 8" lifts to 90% density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechrucal testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction • All underground utilities shall be place at least thirty-six (36") below ditch flow line • Notification 48 hours prior to beginning work to meet with inspector from Brazos County at project site • Utility will be installed in accordance with the Brazos County Roadway Safety and Road Preservation Standards SUBMITTED BY: Jo . Salvato Right of Way Agent —/ This request is ld"APPROVED / DENID ❑ by Commissioners' Court APPROVED BY: Duane Peters, County Judge DATE: 11 IQ ( • Irma a Commissioner Preci /,7/__ _._.. f'q /-Zei VERIZON COMMUNICATION Notice of Line Installation OCT 30, 2012 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos, County, Texas as follows: Verizon Communications will place 1-3 pair service drop within and along the north ROW of Mark St. from a pole on Old Jones Rd. across 3 driveways for approx. 350' to point of end where it will enter customer's property. Service wire will be placed a minimum depth of 36" below ditch flow line and all drives will be bored. The location and description of this line and associated appurtenances is more fully shown in the drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance the Brazos County Roadway Safety and Road Preservations Standards and governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. This work is to be completed on Work Order 5416-9P012DB which is scheduled for 11/09/2012 If you have any questions concerning this work, please contact ANTHONY VITANZA at our office in Bryan, telephone 979-821-4754 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved VERIZON COMMUNICATIONS 5416- 9P012DB Brenda Vajdak Supervisor -Network Engineer 301 Industrial Blvd. Bryan, TX 77803 BRAZOS COUNTY PROCEDURES TO BE FOLLOWED FOR ACTIVITY IN, UNDER, ACROSS OR ALONG BRAZOS COUNTY ROADS, STREETS, HIGHWAYS Anyone proposing to conduct activity in a Brazos County Right of Way (in, under, across, or along), shall apply for a permit. Such activity, including but not limited to laying, constructing, maintaining, and/or repairing cable, conduit, pole lines, gas lines, or any other utility, shall apply for a permit. To make application for a permit, the following must be submitted: 1. Complete application form (attached hereto); 2. Attach a Vicinity Map or Key Map page; and 3. Provide detailed construction drawings indicating the scope of work and compliance with the attached Brazos County Design Standards and Safety Precaution Requirements for Work Conducted in Brazos County Rights of Way. The completed application and all of its appurtenances shall not contain any false information nor conceal any material facts. Only after obtaining the Right of Way Permit can construction begin. Early start on any construction, other than emergency situations, will not be considered. Permitting may take up to two weeks. A separate application must be filed for each work site. Written notices are required: 1.24 hours in advance of construction start up; 2. If an emergency existed, 24 hours notice after construction started; and 3. Notification that construction is complete and ready for County to inspect to ensure right of way is returned back to original condition. Provide Notice to: Joe Salvato Phone Number (979) 822-2127 ext. 3033 Brazos County Engineer's Office 2617 Highway 21 West Bryan, Texas 77803 e-mail - JSalvato@brazoscountybc.gov Failure to obtain a permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. �,,.s 17/ /71 NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Verizon (company name), hereinafter referred to as "Company" a Texas (state) Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain, repair and/or operate a telephone facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Verizon Communications will place one 3 pair service drop within and along the north ROW of Mark Street from a pole on Old Jones Road, across three driveways for 350' to point of end where it will enter customer's property. Service will be placed a minimum of 36" depth below ditch line flow and all drives will be bored. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction/work with 30 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice, the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received, Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Verizon Company Name _U`R-NL A \ A3bPrK By: V.<< Signature Supervisor - Network Engineering Title 301 Industrial Blvd., Bryan, TX 77803 Address Phone Number 979-821-4754 Email: anthony.vitanza@verizon.com �,,�, / 7/ /,Z ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated Navem&et // 024/•2 except as noted below: (Month/Day/Year) EXCEPTIONS: ,� I lv'NN Brazos fo R ty Engineer City of Bryan Map Output Page Page 1 of 1 WORK LOCATION BURIED DROP sr . ` �o•'c 3.r :mum ti:iaconWa:i.0.._t'd5' C.:w;-gr..;Ct19422u12Ertrtx n, Copyright 2003 - 2012 City of Bryan GIS P.O.BOX 1000 Bryan, TX 77805 ArcIMS DISCI AIMER : This is a product of the City of Bryan GIS Department. The data depicted here have been developed with extensive cooperation from other city departments. as well as other federal, state and local government agencies. The City of Bryan expressly disclaims responsibility for damages or liability that may arise from the use of this map PROPRIETARY INFORMATION Any resale of this information is prohibited, except in accordance with a licensing agreement OF BRYAN v /7/ / 30 httn://ims.brvantx. gov/gis/servlet/com.esri. esrimap.Esrimap?ServiceName=REGIONAL_... 10/29/2012 —c:\dgn\8460\RECORDS\wp4.dgn 10/29/2012 11:47:16 AM d3ad 310N C x0PWX D USN •N ON °momm enr4C11 a, LA I mONiN BN j Nmm j W D m W 4 — eizseaz. F- m ti y p �.1 a X x N r r 4 a 0 0 0 z O_ N N m x a OLD JONES RD 8691 d080 03Ian8 8717 8741 8769 /7/ r. /3/ BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safely Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. v�� / 7/ :, / 3�- 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power — 0-2 feet, nominally 1' Phone — 2-4 feet, nominally 3' Gas — 4-6 feet, nominally 5' Cable — 6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; 1 `/ r / e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, e to cut or a jeopardize any section of the road (asphalt, cement, road base, etc), Company q provide performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the.Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existing facilities I. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary fo the construction, wires, pipes, o repair, rimprovement, i o alteration or relocation of all or any portion of said road, any all poles, ties and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. /3e! H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter - wall thickness - material specification - minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Encased Pipe Non -Cased Pipe Non -Cased Pipe Less than 10' Greater than 10' Less than 10' Greater than 10' Must be covered with concrete pad at least 36"deep No concrete pad required Must be covered with concrete pad at least 48"deep No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Iv I7/ / 3s BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012-2013 BUDGET YEAR NO. 12/13 6.1 — 6.2 On this the 6th day of November 2012 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, 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 6th day of November 2012 the Court heard and approved a budget amendment for the 2012-2013 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 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 6th day of November 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, Coundge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 7 / /3d BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 6.1 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 249,015 37 0100 100002000 59100000 DR DDEA - Veteran's Services 1,742.20 0100 11000100 59100000 DR DDEA - Commissioners Ct. Admin S 50 0100 11200200 59100000 DR DDEA - Collections 4,383 07 0100 12000100 59100000 DR DDEA - County Treasurer 5,623 40 0100 12500100 59100000 DR DDEA - Risk Management 3,705.91 0100 13000100 59100000 DR DDEA Tax Assessor 30,015.41 0100 14000100 59100000 DR DDEA - Information Tech 4,619 42 0100 15000100 59100000 DR DDEA - Human Resources 848.39 0100 16500100 59100000 DR DDEA - Purchasing 282.74 0100 17000100 59100000 DR DDEA - Building Maintenance 34,620.41 0100 18000100 59100000 DR DDEA - County Attorney 41.12 0100 19000100 59100000 DR DDEA - District Attorney 6,849 86 0100 20000100 59100000 DR DDEA - District Clerk Admin 5,943.39 0100 20010000 59100000 DR DDEA - District Clerk Jury Services 12,241 09 0100 21000100 59100000 DR DDEA - County Clerk Admin 29,723.35 0100 22000100 59100000 DR DDEA - 85th District Court 679.00 0100 22100100 59100000 DR DDEA - 272nd District Court 466 93 0100 22200100 59100000 DR DDEA - 361st District Court 10,90328 0100 22500100 59100000 DR DDEA - Juvenile Court Ref 1,195 23 0100 23000100 59100000 DR DDEA - CC L #1 Admin 4,470.74 0100 23100100 59100000 DR DDEA - C C L #2 Admin 1,195.56 0100 24101100 59100000 DR DDEA - JP # I 22,456 39 0100 24201100 59100000 DR DDEA - JP #2.1 3,270.90 0100 24201200 59100000 DR DDEA - JP #2 2 1,967.57 0100 24301 100 59100000 DR DDEA - JP #3 21,635.18 0100 24401100 59100000 DR DDEA - JP #4 0 74 0100 30201100 59100000 DR DDEA - Const PCT #2 443 84 0100 30301100 59100000 DR DDEA - Const PCT #3 48.67 0100 31000100 59100000 DR DDEA -Juvenile Services 15,135.10 0100 35500100 59100000 DR DDEA - Emergency Management 21,051.79 0100 36000100 59100000 DR DDEA - Expo Center 2.69 0100 37000100 59100000 DR DDEA - Ag Ext. 3,443.50 Various Departments Various Departments - To reallocate the DDEA balances from Fiscal Year 2012 Prepared By: Date: nnm 11/1/2012 County Judge Approval v�! - / 7 / r /37 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 6.2 11/6/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 4500 63000500 63000500 80282000 80282000 CR DR Equipment - Electronic Electronic Voting System 400,000.00 400,000.00 Capita Projects Reallocation of funds correct account. Department Approval Prepared By: nnm Date: 11/1/2012 County Judge Approval /3r' Date ))/(911X. Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 6, 2012 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Juvenile Employee Request Applies To Action Requested Aguilar, Manuel Merit Anderson, Shavonda Merit Jackson, Carol Merit King, Helen Merit Mable, Kami Merit Sammons, Frederick Resignation Road & Bridge Arredondo, Amber Telg, Darwin Budget Change Budget Change S.O. Jail Butler, Patricia New Hire Approved in Commissioners' Court: November County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Laura Taylor Davis Brazos County Treasurer Jdaviseco.brazos.tx.u! DATE: October 25, 2012 TO: Hon. Duane Peters, County Judge Hon. Lloyd Wassermann, Commissioner Hon. Sammy Catalina, Commissioner Hon. Kenny Mallard, Commissioner Hon. Irma Cauley, Commissioner Candy Gallego, Administrative Assistant FROM: Laura Taylor Davis, County Treasurer RE: Quarter Ending 09/30/2012 Investment Report 200 S. Texas Avenue, Ste 240 Bryan, Texas 77803 Tel: 979-481-4845 ACKNOWLEDGED Duane Peters County Judge Date This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 0.1400% on the quarterly average balance of $2,348426.33 invested with TexPool for the period ending 09/30/2012. Investment interest deposited during the quarter was $827.81 for a total year-to-date interest of $2,668.33. Actual ending balance for September 30, 2012 was $2,348,715.90. The average rate of interest earned on the depository checking account balances for the quarter ending 09/30/2012 was 0.44679E netting $67,533.90 on an average depository Investable balance of $60,125,475.15, Year-to-date checking account interest earned was $259,611.07 Total year-to-date interest earned: $262,279.40 Investment Strategy The 8razos County Investment Strategy will remain unchanged, keeping investments very short -termed & liquid. With the safety of principal as the foremost objective of the County's investment policy followed by liquidity and yield - it seems prudent to continue keeping the majority of available funds in the County's depository where all funds are 110% collateralized. For diversification the County has an investment account with TexPool that provides the safety of an overnight market. Brazos County's depository contract earns .35% above the 90 day T-B/Il. Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of Texas FY 2012 INTEREST RATES AND EARNINGS BY MONTH October 2011 November 2011 December 2011 TexPool Interest Interest 167.23 208.23 161.33 Rate 0,0800 0.1100 0.0800 Ching Acct Interest 13,991.12 13,797.70 17,618.15 Earnings Credit Rate 0.3600 0.3700 0.3600 Q/E 12/31/2010 January 2012 February 2012 March 2012 536.79 0.0900 174,37 0.0900 168.27 0.0900 229.34 0.1200 43,406.97 23,429.92 24,010.52 27,016.73 0.3633 0.36 0.38 0.44 Q/E 03/31/2012 April 2012 May 2012 June 2012 571.98 0.1000 214.23 0.1100 248.36 0.1200 269.16 0.1400 74,457.17 24,209.91 24,341.32 23,661.80 0.3933 0.43 0.43 0.44 Q/E 06/30/2012 July 2012 August 2012 September 2012 Q/E 09/30/2012 731.75 0.1233 262.48 0.1300 261.95 0.1300 303,38 0.1600 827.81 0.1400 72,213.03 24,637.15 23,211.26 19,685.49 67,533.90 0.4333 0.44 0.45 0,45 0.4467 YID TOTALS 2,668.33 0.1133 259,611.07 0.4092 stn! /7 r g Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. erri White, Chief beputy Tr rer, CIO 41) rer, CIO bate /e/ -3.5 - Date /7/ " /51,2 u. 00 tic a y 8 U 3 U. rm V Vo 2,348,715.90 41) 8 2,348,715.90 Total Cost of all funds invested for the month of September 2012 Book Value is the same because all investments are with TexPool and the Share Price is maintained at $1.00 /7/ rg, _i�3 I TEXPOOL QUARTER ENDING 09/30/2012 ACTIVITY REPORT FUND 1 - POOLED FUND GROUP DATE 07 2 DESC. Ju Interest MOM 08/31/12 09/30/12 $ August Interest September Interest GENERAL FUND EXPO. COMPLEX 212.48 $ 281.95 $ 303.38 $ TOTAL :4217-17- t INVESTMENTS BY FUND GROUP AND STRATEGY TYPE FUND 1- POOLED FUND GROUP General Fund $ 2,348,715.90 Health Endowment Fund State Lateral Road Courthouse Security C3#K; X.' ti r • 7"M;1��i General Obligation Debt Svc. 0,1 General Permanent lmpv. Exposition Center Fund To: • 1_ :1•21Y_' L � �,1�}�� `•� _� 1��ir�i,1'�1��,�1' I � it $ BOOK VALUE OF ALL INVESTED FUNDS FOR SEPTEMBER 2012 $ 2,348,715.90 BRAZOS COUNTY EXPO 2012-2013 SALES & MARKETING PLAN Duane Peters County Judge Date voi. / 71 2012-: X0'3 5a les & Marketing Plan Since opening the Expo in the fall of 2007, the number of events held has continued to grow — due primarily to excellent customer service, marketing and sales efforts, as well as maintaining a clean, attractive and modern facility. We have succeeded in developing a solid reputation and are growing our business each year. The dates below represent the calendar year. Multi-Day/Out of County Events Aug -Dec 2007 — 4 Multi-Day/Out of County Events 2008 — 25 Multi-Day/Out of County Events 2009 - 28 (+12%) Multi-Day/Out of County Events 2010 - 36 (+28.5%) Multi-Day/Out of County Events 2011- 40 (+11%) Multi-Day/Out of County Events 2012 - 46 (+15%) Total Events hosted - Total Events hosted - Total Events hosted Total Events hosted - Total Events hosted - Total Events hosted 26 88 96 (+9%) 108 (+12.5%) 127 (+17.5%) -145 (+14%) 2013 Target for Multi -Day Out of County Events - 50 (+15% from 2012) 2013 Target for Total Events Hosted --160 (+10% from 2012) In fiscal year 2012, revenue exceeded $700,000. In 2012-2013 we will continue many previous sales and marketing efforts, as well as implement some new ideas/tactics. With the expansion of the facility we project that we will see larger groups for multi -day events. The following is a description of our annual plan, given our target audiences and expanded capacity. Primary Goal Maximize visitor spending and economic impact generated by the Brazos County Expo by targeting multi -day events from groups outside of Brazos County. Tourism is an export -oriented business for Brazos County. Visitors spend money at hotels, retailers, restaurants and other local businesses. Those sales result in new spending by local businesses and their employees, generating jobs and wages. Taxes collected on visitor spending contribute funding for community improvements, promotion and public assets like the Brazos County Expo. The goal of marketing the Expo is to draw visitors into Brazos County to utilize the Brazos County Expo facilities resulting in direct and indirect benefits to the local economy. Proactive marketing of the Expo is critical in accomplishing this goal. Phase I construction was funded by the taxpayers of Brazos County, so it's important for us to continue to meet the needs of the citizens of Brazos County. Primary Objectives 1- Increase business and economic impact from event groups in outside markets. 2 - Build awareness and recognition as a premier event facility in Texas. Ob jective 1 Increase business and economic impact from multi -day event groups in outside markets. The Expo's biggest economic return is triggered by events that draw visitors into the County. Therefore we need to primarily focus our efforts on reaching our target audiences in outside markets. Marketing should first and foremost increase the ratio of events hosted at the Expo by external (regional, state and national) organizations. To achieve this objective a proactive and highly targeted external marketing and sales campaign is needed. Strategy 1.10 — Implement a proactive external sales campaign. We will concentrate more sales and marketing efforts to reach our top two market segments; Equestrian Groups and Meeting Planners, while continuing to book events and increase awareness in the Livestock market. We will continue to maintain contact with current leads, partner with the Bryan -College Station Convention and Visitors Bureau (BCS CVB) to increase sales efforts, and also dedicate efforts to finding groups who host events during our community's off-season. We will continue to track and report our sales data quarterly. At the end of the year we will deliver a comprehensive report with a summary of each quarter. Tactic 1.11 —Dedicate efforts to target specific market segments: Equestrian Groups & Meeting Planners. Equestrian Groups Based on our industry expertise and previous experience working with these groups, we know that Equestrian Associations book their event within nine to twelve months of their event date. Facility reputation plays a big part in the decision making process for these groups. Because of this, referrals and lead -generation from satisfied customers are two of our biggest assets in acquiring new business. This year we will: • Maintain contact with leads and respond to all web, email and phone inquiries • Pursue referrals from previous or current customers • Generate leads from previous or current customers • Identify local contacts who are members of state associations and work with them to bring their groups here • Maintain contacts and relationships through membership with equestrian associations • Advertise in trade publications both in print and online. Meeting Planners The Ballroom facility, along with our existing Exhibit Hall, provides space for booking more conferences and conventions. Our facility can accommodate a maximum of 2,000 attendees. These types of events typically book one to three years in advance. We will identify and contact specific groups who can utilize our facility for 2013 and beyond. We will: • Maintain contact with leads and respond to all web, email and phone inquiries vol_ /7/ rig /1,1 • Attend trade shows — Southwest Showcase (Austin) and Meeting Planners Showcase (BCS) • Participate in CVB promoted convention market sales blitzes • Advertise in trade publications such as the Texas Meeting Planners Guide both in print and online • Contact and maintain relationship with third -party meeting planner services such as Helms Briscoe and others • Utilize association information from sources such as TSAE (Texas Society of Association Executives) to target specific groups that can fit our facilities Tactic 1.12 - Target specific groups to go of ter and maintain contact with leads. Each quarter we will target specific groups to go after in each of our three audiences. Within each group we will try to pinpoint a board member, officer or producer within the organization to help make contact. We will take into account what time of year is best to contact specific groups as it relates to their event planning schedule. We will also maintain contact with all leads. Tactic 1.13 — Attend trade shows relevant to our target audiences. BCS CVB's Meeting Planner's Showcase - November 2012 at the MSC We are a Red Carpet Sponsor for this show in the local meeting planner market. 13th Annual Southwest Showcase - January 2013 at the Austin Convention Center This show is for the Meeting Planner's market with a state-wide reach. We are searching for other trade shows to attend in the livestock, equestrian and rodeo industries providing a cross-section of potential clients. The BCS CVB schedules annual sales blitzes in the surrounding metro areas. To increase our reach and grow our current leads, we will attend the trade show in the Austin market, SW Showcase in January 2013, and participate in future blitzes as they are promoted. Tactic 1.14 — Survey events and analyze data to determine economic impact. Our primary marketing -sales goal is to maximize visitor spending and economic impact generated by events at the Brazos County Expo. In order to determine the results from our marketing and sales efforts, we will focus on surveying our events. We will create a schedule mapping out the events to be surveyed for the year, implement surveys on an event -by -event basis, work with an outside consultant to analyze our data and report our findings hi -annually. Vol, /7 1 Pg,/1 Objective 2 Build awareness and recognition as a premier event facility in Texas. • Reinforce name awareness through media relations, public relations and advertising. • Ensure that clients have a positive perception of the Expo. Word-of-mouth promotion is the strongest form of marketing and it occurs when clients have a great experience at the facility. We will always reward clients for choosing Brazos County by providing outstanding customer service from initial contact through the event and follow up. Strategy 2.10 - Maintain and update marketing tools to support sales needs. We will continue to maintain and update our marketing tools to reflect the expansion and new space our facility has to offer. These tools include marketing collateral, video tour, website, social media, newsletter, advertising, contact database, incentives and association memberships. The updated version of the facility brochure, complete with 16 quarter -page ads, will be ready for distribution by January 1, 2013. Tactic 2.11 - Maintain weh presence. The website has been completely updated with information and photos for each of our new facilities, including the four event specific videos that were recently completed. Improvements have been made to the photo gallery page and we have added a blog feature. We have the capabilities to update new content, create new pages, and add photos, video and much more. We will continue to maintain the site, giving each visitor the best impression of our facility possible. We will work with the CVB to mutually support a program on our websites to help increase traffic and exposure to both organizations. Tactic 2.12 -Develop mobile website. We will pursue the development of a mobile website designed to run on smartphones, tablet computers and other mobile devices. The mobile website will include calendar, photos, a map and interface with Facebook and Twitter. This website will allow for greater interaction with our customers and potential clients. As shown by the increase in mobile users through our Google Analytics reports, a large portion of our web interactions are through mobile devices and this will allow for an even larger number of interactions with our clientele. Tactic 2.13 —Manage and create content for Social Media profiles. We currently use our Social Media profiles as tools to reach customers and the general public, provide information about upcoming events and news, for promotional giveaways, and post Vo 17 / 1~�'g,a /� pictures and video. We are very active with Facebook and Twitter and plan to grow our YouTube channel. We also plan to develop a presence on Instagram and Pinterest with photos of current and past events to increase our exposure to all consumers. Tactic 2.14 - Maintain Expo Newsletter. We produce a quarterly newsletter featuring a letter from the Director, upcoming events, photos highlighting past events, quotes from satisfied customers, facts about the Expo and other pertinent information. The newsletter is distributed to stakeholders, current/past customers, all county employees, the CVB and individuals interested in the Expo. The newsletter allows us to keep people informed and continue to promote our brand. Tactic 2.15 — Advertise in local and outside markets. Pursue more online and other advertising venues including, but not limited to, Texas Meeting Planners Guide, CVB Visitors Guide, Facebook, TSAE, Texas Meeting and Events, NRHA, AQHA, Southwest Horse Trader, radio (WTAW), television (KBTX), Blogs and Google ads. Tactic 2.16 — Update our contact database. The Expo currently has a comprehensive contact database for marketing and sales efforts with specific groups. This database includes contacts with rodeo, equestrian and livestock associations, fair and expo event organizers, TAMU faculty and local and external media. We will continue to update this database regularly throughout the year. Tactic 2.17 — Consider offering some incentives on a case -by -case basis. It is in our best interest to consider offering incentives to customers whose economic return is higher than average. A majority of exposition centers offer some type of incentives to customers who bring a higher than average number of guests and overnight stays. Incentives take on various forms. In interviews with other Texas exposition centers, Avalanche consulting firm discovered that incentives are typically categorized within a marketing budget. Discounted rental fees and courtesy equipment rentals or dining services are common incentives. In some communities, the exposition center and local hotels work together to package proposals to larger events. These proposals may include a group rate for hotel rooms, as well as reduced fees or some courtesy services at the exposition center. No exposition centers they interviewed or researched publicly posted their incentives policies. They are viewed as competitive tools and utilized internally to make decisions. The Expo considers offering incentives to select events on a case -by -case basis. Tactic 2.18 — Continue association memberships and event attendance. Relationships are the key to long-term success. Today, the Expo belongs to the following Vol. /7/ 1 g /� associations: Texas Association of Venues & Facilities (TxAVF), the Texas Festivals and Events Association (TFEA), the International Association of Assembly Managers (IAAM) ,the League of Agricultural and Equine Centers (LAEC), and the Bridal Association of the Brazos Valley. Attending TCCA, LAEC and IAAM events connects the Expo with Exposition and Trade Show organizers. We will also seek ways to become active or affiliate members of some regional chapters of equine, livestock and rodeo associations such as; Texas and Southwest Cattle Raisers (TSCRA), Texas Junior Livestock Association (TJLA), Texas Hunter Jumper Association (THJA), and American Quarter Horse Association (AQHA). This will provide an opportunity for select staff to become more involved with such associations, in order to network and meet potential customers. Strategy 2.20 - Frequently share news about the Expo with media and public. Brazos County organizations will provide a steady source of revenue and community support for the Expo. Keeping these groups informed and impressing them is vital to our continued success. Tactic 2.21 — Develop media days at the Expo. Invite select regional and species -specific media representatives, as well as influentials, to spend a day at the Expo for a tour and reception. The media and influentials targeted will be television, radio, equine and livestock. Tactic 2.22 - Distribute a monthly release listing upcoming events. Entitled "This Month at the Expo," the release lists all public events at the Expo for the upcoming month, including date, time, location and other details. This release will be distributed by email to all newspaper, radio and television media in the region the last week of the month. The event list could also be added to our email signature each month. This list can be used by local radio stations for Public Service Announcements (PSA's) that are provided free of charge. Tactic 2.23 — Send upcoming event information to community calendars. Even though we are not responsible for the local advertising of specific events held at the Expo, it is in our extreme favor to let the community know what is happening at our facility. Because of this, we will add or send information to all community calendars we are aware of including, the Bryan - College Station Convention and Visitors Bureau, The Eagle, Land & Livestock Post, KBTX, AbouTown Press, Insite Magazine, Southwest Horse Trader, the Lonestar Calendar, WTAW and more. This will be done on a monthly basis. Tactic 2.24 — Referring websites. External websites, either from clients, or community organizations/media are great resources for V /_7 1 L3 A.9- referrals to our website. Some of the top sites that linked to ours this year are: • ddbarrelhorseclassic.com • ido-ido.com • texashorsemansdirectory.com • facebook.com • co.brazos.tx.us • epicenter.org (Episcopal Diocese of Texas) Tactic 2.25 — Follow-up news releases for specific events. Following certain events held at the Expo, we will distribute news releases that reflect the impact, the results and/or the interest created by an event. Strategy 2.30 — Provide attentive customer service from first contact through follow up. Turnkey solutions to event planning are in greater demand. Cost can be less of a deciding factor than the comfort in knowing that event details will be carefully managed. Strong customer service is the key to increasing one of our best promotional tools: word-of-mouth marketing. Tactic 2.31 — Work as a team to ensure the success of each event. Three things that make the Expo stand out from other facilities are cleanliness, customer service and professionalism. Our staff provides friendly, professional service to each group from the first point of contact through post event wrap-up. Customer service procedures include: - Respond to telephone and email inquiries within 24 hours - Have a professional appearance at all times - Contact current customers bi-monthly to ensure their needs are met - Provide customers with a list of local vendors to help with overnight accommodations, transportation, catering, decor, printing, signage, etc. - Make sure each event's organizer is treated well while they are in Brazos County. Work with the CVB to deliver a gift basket to their hotel room - Send all customers personal thank you notes following events - Maintain contact with each group after their event is held - Provide customers with a marketing package, including name, digital files of logo, etc. Tactic 2.32 — Help event managers navigate local marketing opportunities. The Expo's name recognition continues to increase naturally as we are listed on customer advertisements and other promotions. We benefit if customers are successful promoters. The better the customer's marketing efforts, the more attendees and the greater the exposure for the Expo. Although we are not responsible for promoting specific events held at the Expo, it is beneficial for us to provide customers with marketing guidance. When a group books their event with us, they will receive a handout titled "Marketing Your Event at the Expo." This sheet includes everything we can provide including such things as adding their event to our online calendar, our social media profiles and also providing a list of editorial and advertising contacts in the local market. Strategy 2.40 — Increase revenue through generation of sponsorships. The Expo has a great opportunity develop a new revenue stream through sponsorships or allied industry partnerships. Our goal will be to work towards developing a sponsorship plan that will be beneficial to both the sponsors and the Expo. Considering our target market we will develop packages based on customer's needs which could include signage, print media, marquee, display space, website, and naming rights. /7/ /5-4/