Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2013-09-10-10:00AM-REGULAR MEETING
-� F I E - IF D 2013 'EP -b A 11: 34 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 SEPTEMBER 10, 2013 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 Flan -Chaplain G.H. Jones and Commissloner Mallard, 2. Call for Citizen input and /or concerns. Consider and take action on agenda Items 3 - 38: 3, Proclamation 11&014 prodalmIng the ek of September 17 -23 2013 as Constitution Week 4, Consider and act upon ti on authorizing sub.Ission of an aopllcatlon to the Economic 5. Adomlon of the County Budoet for fiscal year ending Septembor 30 2014. B, Resolution 13 -017 lowing s tax rate for Brazos County for the Tax Year 2013, 7, Salary MerIf Guldellnee for FY 2014. 8. Salary Schedule for FY 2014, 9. Letter of Agreement for Preliminary E olneerino Services nd S bmlttal of Exhibit "A" for Railroad Approval. 10. Request from Brazos County Extanslon Office for variance of Como Time Polley allowing an emplovm to carry over accrued comp hours until December 30 2013. 11, Awrovel of a arent adlustment notice fGAN11or the 2011 SHSP Grant returning 30.83 In uncommitted funds to the SAA for redistdbution. VOL � _ Pg. /97 12, A ote f the Taxes Department of E&IG Saf U DIVISIon of Emergency Management Ennuargency 20. Pertarmanea Grent IEMPGI award Tor Fiscal Year 2013: grant period Is 10/12012 to 3131114. 21, Agreement with Junctlon 505 13, Aar oval of a Ord 1 I dam ificetlon of the Br os C u tV Ofllee of the Sheriff which addressee the Grant C ntrect It 1445162 for the �re nal liability f ih I f C ntv fu d or I of o damage to personal o rty Incurred by an /SAVNSI for September 1 off l r In the perfampnce of his OfflClal Oldies if the losm wga not Ihe m3ult of the officem 139allUence Agreement Renewal with Amriss County Depart.ent at Education to utilize or criminal action. 25. 14. Discuss and take possible action an lot,jescription for Psvcholoalst Position Division 318800 Class 26. 1890, with Mitchell and Momen for omfessionot 15, Discuss and taktt 09221bl action on lob description for Profes lonal Counselor-Detention Position Grants. ota c f S,,,1 81 Wa"antV Dead from James W Carroll lor 0.984 acres Of DIVlslon 318800 Class 1892. land to be used for jh2 ggnvtwctlon 16, pm ..... A tit I ti to NAPA AuI Part, In the amount of $79.96 for Vehlcle Dart$ for Constable, volunteer fire station I Cat d on Prrl doe he d r not bt I ed in m9mm. 17, Consider nd masibli agliom marding an Interlocal Agreement with Lubbock County to provide putt 16 F ndhg enrn•m•nrj with the lollowina agancles for FY 2014: • a. Arts Council of Brazos Valley • b Boys 8 Git1s Clubs of Brezoa Valley • c Research ValleV Pertnershlo. Inc. • o. smzos County Sofl 8 Water Conservation Olstrict p95 • e Dispute Resolution Center • 1 Keep Brazos Beautiful, Inc • o Ao Iola d H e So2lety, I • h Brazos Valley Food Bank • 1 Brazos County Historical Commission • I Mental Health Mental Relardatlon Authotltv of Bmzos Valley • k South Brazos County Fire Department. Inc. s 1 DlstrIV Two Volunteer Flre Department. Inc. • m Brazos County Preclnet 3 Volunteer Fire Department Brazos County PrecInCt 4 VolUntMr Volunteer Fine Depart of 19, Thfrd Renewal of Lea" with Southwood West for Ihe Justice f the Peace Preolnct 1 of"" 20. Third R n wal 01 Lease with Southwood West for the Con5tablet Precinct 1 Office 21, Agreement with Junctlon 505 for the management of citizens Collection eltea for FY 2014 22, Grant C ntrect It 1445162 for the State Automated Vlctlm Notl0cetion System /SAVNSI for September 1 23. 24, 2013 to Auaust 37 2015 Awroval of E hlblt ILA 9 fiamice Inteducal Contract with H Ms Agreement Renewal with Amriss County Depart.ent at Education to utilize current contracts. 25. Extension of bid a 2013.4011 T am rmpiovmenl with EMMS E plovm t P"Oletstplonals. 26. Blanket pareament and reauisltlon with Mitchell and Momen for omfessionot encineerina an d 27. sumeving services raoulred by Reauest approval 1 the c Grants. ota c f S,,,1 81 Wa"antV Dead from James W Carroll lor 0.984 acres Of land to be used for jh2 ggnvtwctlon of County maintained mod, Prolect wIll provide 10 the volunteer fire station I Cat d on Peach Cneek Road. The I tru t tl road wIll be e d 26. Volunteer Lane. Site 19VItEd ConsIder and take aotlon on the In Precinct 1 Wellborn S I D utility permit to construct road bore under Wease Lane fS -EI y n R n h s bdlyl lonl This I e[ will provide water somice to t me at address 92555 Site Is located In Precinct 1. 29, Cancellation of the Regular Meetlna of Commligilianers Court for October 8, 2013. 30. Tax Refund Applications for the following: • a Jeffery A and Amy S Bed arz o emavment -57.56 31. Commissioners Court minutes for the following dates: • a August 6, 2013 - Regular Meetlna • b August 13.2013- Regular Mmtlna • c August 20 2013 - Regular Meeting • d Auoust 20.2013 - Public Hearina at 3:00 am • e Auoust 20 2013 - Public Hearing at 3:15 om • 1 Auaust 20.2013•Public Hearina at 5:00 am • q August 27 2013- Reaular Meetlna • h August 27.2013 - Public Hearina 32. Budget Amendments. Budget Amendments FY 1211348.1 thru 48.5 33. ADDMval of attaChad scope ofwork and mulsition OF OOD44(111 to Mitchell and Marian for enaineedna tworts and documents reoerdlna two Bmzos County roads. 34 Manual maulattlan to anion Pacific in the t of $25,D00,00 f lneerina services. 35. Personnel Change of Status. Peraonnal Action Forme 36. Payment of Claims. 37. Convene into (3) executive sessions pursuant to 551.0785 for deliberations involving medical or psychiatric records of a county employee. 38. Consider and possible action on the Executive Sessions. 39. Acknowledgement of the Monthly Reports b Ided In August 2013 40. Sheriffs report on Inmate population. 41. Announcement of interest Items and possible future agenda topics. 42. Call for Citizen Input and/or concerns. 43. Adjourn. Vol. Pg•-ZJ1f _ l PUBLIC COMMENTS Public Comment during to Commission MMlrp may be for ell matter, both on and od the agenda, and he limbed to four mXades parponon. Person are Inked to subMl cunmenb in writing on me agenda Items aniYor Mend end make oommwll at ton Commission meeting Members of the puck, we r.mnded that the Brazos County CommiMwmva Court h a UnsgMbnel Coed, wkh both ludiclal and legislative powers, created under Article V, Section 1 and Section 16 of the Texas Constitution. An a Conallumonal Court, to Brazos County Commlaslenan Could also possesses the power b Issue e Central of Court Citation untler Section S1.OE4 of the Tom Local OovemmMt Code. Accordingly, members of me pudic In affecomee Many Regular, Specal andor Emergency meeting of the Court shat conduct ffwmaeives with pro er rosp rat l am decorum In speekkg b, udlm addressing M e Court; in paNclpating In public discussions before ffw Court ; nrtd in an actions In He presence of me Court Those members of the pudic who we Inappropriately attract ardor who do rot amdum themselves in M clearly and e{poprlate mame,r will be dmarM to leave the moiling. Refusal to al by Ills Court's Omer and or caaInW dtamptien of the meeting may resoh in a Contempt of Coun Untion. X He rot Me intention d me Braga County Commissioners Court to Provide a pul forum for Me comsaning of any individual or group. N.ither is It the Iden om of Me Court to allow a member (or membersl of but public to inmtl the honesty Midair Integrity of the Court no a body, or any member ar members of the Court, a County employees, Individually or callaulivey. Armrringy, Voters, Insulting or threatening language dlascfed toward! me Cwt waffler any person In the Coun's presence MNa rectal, ethnic a gaber slurs or epimets will not be Ideraled VlWation of these man may result In Me following imellons: 1. can ialletlon of a speakill time; 2. noon) I. the Commindorors Court; 9. s ConteHwt Citation; mcilor 4. such affair wai criminal wnc ere as may the autbovil ceder the Control features anti Odes ai as State of Tom. The County Commlamonan Court can dNiberate or take action only It a matter has been fund on an agenda properly posted prior to the meeting. During the pudic comment period, move, me adduce Tenon rem listed on the publlcto l agmde. The Open Meeting Law does not eapressy prohibit mponsas b pu is comments by to Commissioners Court. However, responses hom the County Judge or Commivaionen to udeted public comment to w could Income dellbenticn on a mul wteoot notion to the public. To annul the public has notice of all marten the Commissioners Court will consider, the County Judge anNm Cammissionorm may choose not to namond to public comments, except b oomal lacteal Insccomoms, rode, existing policy In mepon in to an Inquiry a to ask that a matter be hated on a home agenda See Tom Open MseXngs Mt'! 551.042 INVOCATION My Invoommi that may be offered We. the eXMd start m the Court meebg shed be to and for the benefit of the Court. The Neves or Hands; expanded! by Me Invocation speaker haw not been proviousy nvbwed a approved by tie, Court and do Hill Montreal ropmsm to religious beliefs or News of IM Court in pan or ea awhile,. No member of to cummurdly is meekest b attend or panioipals in tin Invocation and such decision will have roe impact on Main right to actively participate In be business of arse Caul Tne ComMSNOnen CcuHnocvn of the County Mmldsbetion Sullmng, MO South Tear Ave., Suite 100, Bryan, T% "So is wheeichair accessible. Handiose writing space. we rvallMle. My request for sign Interprative sambas must be made Me working days before the meeting. To make arrangements, planes WI (979) M14102 Vol. /8� P9•� -- BRAZOS COUNTY BRYANJEXAS MINUTES September 10, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page.pdf File Stamped Aaenda.pdf Sian 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, September 10, 2013 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Mallard. 2. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 38: Vol. pg, 2PO/� 3. Proclamation # 13 -014 proclaiming the week of September 17 -23, 2013 as Constitution Week. LD Item 3.)d The Court approved the Proclamation as submitted. The County Judge read aloud a Proclamation proclaiming September 17 -23, 2013 as Constitution Week throughout Brazos County. He then presented the signed Proclamation to Ms. Mary Elizabeth Dresser representative of the Daughters of the American Revolution. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 4. Consider and act upon resolution authorizing submission of an application to the Economic Development Administration's 2013 Investments for Public Works and Economic Development Facilities program for grant funds to construct road improvements in support of economic development activity. -0 Item 4.odf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 5. Adoption of the County Budget for fiscal year ending September 30, 2014. ID Item 5.odf 0 Item 5 Amendments.odf Exposition Complex - To correct the Job Class Title for Class Code 0855 Position 1 from General Manger - Expo to Assistant General Manager - Expo. No affect to budget. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Exposition Complex -To correct the Job Class Title for 0857 - 1 under longevity from General Manager - Expo to Senior Manager, Expo Operations. No affect to budget. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Exposition Complex - Reduce the funding request for Radio Communication Equipment by $11,119. The HOT Committee granted request to fund this capital expenditure. This will reduce Equipment - Radios by $11,119, reduce transfer from General fund by $11,119 reduce transfer to General Capital Improvement Fund by $11,119 and increase General Fund Contingency by $11,119. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wassermann . Exposition Complex - Reduce the funding requested for two LED Scoreboards (2) by $12,000. The HOT Committee granted request to fund this capital expenditure. This will reduce Equipment -Other by $12,000, reduce transfer from General Fund by $12,000, reduce transfer to General Capital Improvement Fund by $12,000 and increase General Fund Contingency by $12,000. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . Justice of the Peace, Precinct 1 - Add additional funds for rental of office space for JP Precinct 1. This will increase the JP Precinct 1 budget by $937 and increase the General Fund Reserve Fund Balance by the same amount. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . General Fund and Community Support - To allocate additional funding to the City of Bryan and Brazos County Economic Development Foundation for the County's portion of the FY 2014 budget. This will increase the use of General Fund Contingency by $11,332 and increase the Economic Development Foundation budget by the same amount. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . General Fund and Community Support - To allocate $4,000 for the County's dues to the Brazos Valley Network. Funding was inadvertently missed during the proposal stage of the budget. This will increase the use of general fund reserve fund balance by $4,000 and increase BV Network budget by the same amount. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . General Fund and Tax Office - To allocate an additional $500 to the Tax Office for tax rolls. This will increase the use of general fund reserve fund balance by $500 and increase the tax roll account in the Tax Office budget by the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . General Fund and Community Support - To allocate an additional $269 for the 10th Court of Appeals contribution to support the judicial compensation supplements. This will increase the use of general fund reserve fund balance by $269 and increase the Community Support budget by the same amount. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard, Peters, Wassermann . General Fund and Court Support - Criminal - To reduce funding for the Court Appointed Attorneys. This will reduce the use of general fund reserve fund balance and reduce the Court Appointed Attorneys account by $20,000. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . General Fund and Various General Fund Divisions - To increase funding for copier lease maintenance by $11,981 for the following departments: County Judge $715, Veteran's Services $143, Commissioners Court $385, County Treasurer $321, Tax Vol 1 8$_� Pg. 0203 assessor $605, Information Technology $242, Human Resources $1,210, Purchasing $179, District Attorney $1,210, District Clerk -Jury Services $143, 361st District Court $218, CCL #1 $143, Juvenile Services $1,815, Juvenile Services- Detention $907, Juvenile Services Academy $907, Exposition Complex $143, Agriculture Extension $2,310, Road & Bridge $385. This will increase the use of General Fund Contingency by $11,981 and the listed departments budget by the amounts listed. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . Forfeiture Fund - Sheriff Office - To add $4,007 in additional forfeiture funds for the Sheriff Office. This will increase Investigative Supplies by $1,000, Office Equipment by $1,500, Office Supplies by $500, decrease Contingency by $11,493, increase Training by $1,500, increase Equipment Electronic by $2,500, increase Equipment -Other $2,500 and increase Capital Equipment -Other by $6,000 and increase Reserve Fund Balance by $4,007. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters , Wassermann . Forfeiture Fund -County Attorney - To add $171 of additional monies to the County Attorney Forfeiture Fund. This will increase the Office Equipment budget by $171 and recognize $171 in additional use of reserve fund balance for the County Attorney Forfeiture Fund. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . Forfeiture Fund - Constable Precinct 1 - To add $726 of additional forfeiture funds for Constable Precinct 1. This will decrease the Vehicle Maintenance account by $828 and increase Equipment -Other by $1,554 and increase the reserve fund balance by $726. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . Forfeiture Fund - Constable Precinct 2 - To add $609 of additional forfeiture funds for Constable Precinct 2. This will decrease equipment by $1,996 increase the equipment electronic line item by $2,605 and increase the reserve fund balance by Constable Precinct 2 in the Foreiture Fund. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . Forfeiture Fund - Constable Precinct 3 - To add $314 of additional forfeiture funds for Constable Precinct 3. This will decrease vehicle maintenance by $1,031 and increase the vehicle maintenance line item by $1,345 and increase the use of reserve fund balance by Constable Precinct 3 in the Forfeiture Fund. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . Vol. Pg.46CI Grant Fund and General Fund - To add $6,813 in additional grant funds to TJJD Commitment Reduction Grant. This will increase the grant revenue by $6,813 and decrease transfer from General Fund by $6,813, reduce the transfer to Grant Fund by $6,813 and increase General Fund Contingency by $6,813. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . General Capital Improvement Fund and General Fund - To reduce funding for the purchase of the AMCAD Servers. The servers were purchased using FY 13 funds. This will decrease the General Capital Improvement fund by $92,520 and decrease the transfer from General Fund by $92,520, reduce the transfer from General Capital Improvement Fund by $92,520 and increase the General Fund Contingency by $92,520. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . General Fund and General Capital Improvement - To add $42,000 for the purchase of a patrol vehicle for Constable Precinct 4. This will increase use of General fund reserve fund balance by $42,000 and increase the transfer to General Capital Improvement Fund by $42,000, increase the transfer from General Fund by $42,000 and increase Vehicles in the amount of $42,000. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . Capital Improvement - To increase funding for Equipment - Other. This will increase the use of Reserve Fund Balance by $8,000 and increase Equipment -Other by the same amount. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . General Fund and General Capital Improvement Fund - To increase funds for the completion of Arena Hall Parking Lot. This will increase use General Fund Reserve fund balance by $58,054 and increase the transfer to General Capital Improvement Fund by $58,054, increase transfer from General Fund by $58,054 and increase Improvements -Non Building by $58,054. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard, Peters , Wassermann . General Fund and General Capital Improvement Fund - To increase funds for the purchase of the Collection Site. The project will not be complete in FY 13. This will decrease General Fund Contingency by $240,024 and increase transfer to General Capital Improvement Fund by $240,024 , increase transfer from general fund by $240,024 and increase Land by $240,024. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -1. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members voting Nay: Cauley. Vol. Jail Expansion 2007 - To increase Jail Bond Building Renovation - Court House by $5,000 and increase the use of Jail Bond Reserve Fund balance by $5,000. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . D.A. Crime Fund - To increase D.A. Crime Fund Contingency by $29,000 and increase the use of reserve fund balance by $29,000. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . Brazos Count Grant Fund -HAVA GPI - To increase the HAVA GPI grant by $8,002 with unspent reserve fund balance. This will increase contingency in the HAVA GPI grant by $8,002 and increase the use of the reserve fund balance in the Grant Fund. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . Grant Fund -BCS Mobility Initiative - To increase the use of reserve fund balance for the BCS Mobility Initiative by $25,298 and increase contract services $25,298. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters , Wassermann. Juvenile - To change the division title of Texas Juvenile Probation Commission (TJPC) - State Aid to Texas Juvenile Justice Department (TJJD) -State Aid. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . Juvenile - To change the division title of Texas Juvenile Probation Commission (TJPC)- C to Texas Juvenile Justice Department (TJJD) -C. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . Juvenile - To change the division title of Texas Juvenile Probation Commission (TJPC)- N to Texas Juvenile Justice Department (TJJD) -N. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . Bldg Renov- Courthouse Improvement - To increase use of Courthouse Improvement reserve fund balance by $500,000 and increase Courthouse Improvements by $500,000. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . Exposition Complex and General Fund Contingency - Delete Clerk III, Class Code 0851 Position 1, Group 15 Step 2, Pay Code 016 at the Exposition Complex. This will decrease the Exposition Complex salary budget by $15,984 and decrease benefits by $3,521 and increase General Fund Contingency by $19,505. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . Exposition Complex and General Fund Contingency - Delete Temporary Attendant, Class Code 0832 Position 16, Group 9 Step 2, Pay Code 017 at the Exposition Complex. This will decrease the Exposition Complex salary budget by $11,892, decrease related benefits by $955 and increase General Fund Contingency by $12, 847. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. General Fund Contingency and Exposition Complex - Create full time Clerk III, Class Code 0851 Position 1, Group 15 Step 2, Pay Code 014 at the Exposition Complex. This will decrease the General Fund Contingency in the amount of $15,784 and increase the Exposition Complex salary budget by $31,968 and increase the related benefits by $16,168. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -1. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members voting Nay: Cauley . Non - Departmental and County Auditor - Increase pay for Auditor - Appointed, Class Code 0311 Position 1, Group NA Step NA, Pay Code 011, from bi weekly rate of $3,405.13 to $3,543.30. This will decrease the Merit Pool in the amount of $4,401 and increase the County Auditor's budget in the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . Non - Departmental and County Auditor - Increase pay for Director of Accounting Class Code 0313 Position 1, Group NA Step NA, pay Code 013, from bi weekly rate of $2,729.92 to $2,757.09 This will decrease the Merit Pool in the amount of $865 and increase the County Auditor's budget in the same amount. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Non - Departmental and County Auditor - Increase pay for Director of Internal Auditng, Class Code 0314 Position 1, Group NA Step NA, Pay Code 013, from bi weekly rate of $2,125.33 to $2,149.43. This will decrease the Merit Pool in the amount of $767 and increase the County Auditor's budget in the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . Non - Departmental and County Auditor - Increase pay for Assistant County Auditor IV, Class Code 0315 Position 1, Group NA Step NA, Pay Code 013, from bi weekly rate of $2,052.57 to $2,093.68. This will decrease the Merit Pool in the amount of $1,309 and Vol. / 85' Fg a?d % increase the County Auditor's budget in the same amount Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . Non - Departmental and County Auditor - Increase pay for Assistant County Auditor 111, Class Code 0316 Position 1, Group NA Step NA, pay Code 013, from bi weekly rate of $1,811.30 to $1,847.51. This will decrease the Merit Pool in the amount of $1,153 and increase the County Auditor's budget in the same amount. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . Non - Departmental and County Auditor - Increase pay for Assistant County Auditor II, Class Code 0316 Position 1, Group NA Step NA, Pay Code 013, from bi weekly rate of $1,811.30 to $1,847.51. This will decrease the Merit Pool in the amount of $477 and increase the County Auditor's budget in the same amount. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. Non - Departmental and County Auditor - Increase pay for Assistant County Auditor I I Class Code 0317 Position 2, Group NA Step NA, Pay Code 013, from bi weekly rate of $1,511.95 to $1,534.67. This will decrease the Merit Pool in the amount of $723 and increase the County Auditor's budget in the same amount. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . Non - Departmental and County Auditor - Increase pay for Assitant County Auditor I, Class Code 0318 Position 1, Group NA Step NA, Pay Code 013, from bi weekly rate of $1,460.61 to $1,475.29. This will decrease the Merit Pool in the amount of $467 and increase the County Auditor's budget in the same amount. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . Non - Departmental and County Auditor - Increase pay for Accounting Assistant- Level III, Class Code 0327 Position 1, Group NA Step NA, pay Code 014, from bi weekly rate of $1,434.60 to $1,455.75. This will decrease the Merit Pool in the amount of $674 and increase the County Auditor's budget in the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . Building Facilities and General Fund Contingency - Decrease Janitor /Custodian, Class Code 0705 Position 1, Group 7 Step 9 to Group 7 Step 8, Pay Code 014. This will increase the General Fund Contingency in the amount of $777 and Decrease Building Facilities budget in the same amount. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by f VOL_ a y Pg. 0�0� L Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. General Fund Contingency and Building Facilities - Increase Secretary, Class Code 0721 Position 1 , Group 9 Step 9 to Group 9 Step 10 Pay 014. This will decrease the General Fund Contingency in the amount of $866 and increase the Building Facilities budget in the same amount. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Building Facilities and General Fund Contingency - Delete cell phone allowance for Maintenance Technician III, Class Code 0711 Position 4. This will increase the General Fund Contingency in the amount of $595 and decrease the Building Facilities budget in the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Building Facilities and General Fund Contingency - Delete cell phone allowance for the Building Caretaker, Class Code 0704 Position 1. This will increase the General Fund Contingency in the amount of $595 and decrease the Building Facilities Budget in the same amount. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . Brazos County Grant Fund -TJJD - Mental Health - Create Professional Counselor, Class Code 1892, Position 1, Group 22 Step 5, Pay Code 013. This will increase TJJD - Mental Health Revenue by $68,295 and increase the TJJD - Mental Health budget in the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann. Brazos County Grant Fund -TJJD - Mental Health - Create Psychologist, Class Code 1890 Position 1, Group 24 Step 13, Pay Code 013. This will increase TJJD- Mental Health Revenue by $65,334 and increase the TJJD - Mental Health Budget in the same amount. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. Brazos County Grant Fund -TJJD - Mental Health -Set up TJJD - Mental Health Grant for FY 14 by increasing the revenue for TJJD - Mental Health by $23,415 and increasing the operational budget by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. Brazos County Grant Fund -TJJD - State Aid - Create Prevention Specialist, Class Vol. Pgv2� Code 1869 Position 1, Group 14 Step 5, Pay Code 014. This will increase TJJD - State Aid Revenue by $49,022 and increase the TJJD - State Aid budget in the same amount. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters, Wassermann. TJJD - State Aid - To add $978 in additional funding to TJJD State Aid Grant in contingency and increase revenue from TJJD State Aid. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . District Attorney and General Fund - Delete Administrative Attorney, Class Code 0407 Position 1, Group NA Step NA Pay Code 013, Biweekly Rate of $3,291.74. This will decrease the District Attorney's budget by $113,965 and increase the General Fund by the same amount. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters, Wassermann . General Fund and DA Child Protective Services - Create Administrative Attorney, Class Code 0408 Position 1, Group NA Step NA Pay Code 013, bi weekly Rate of $3,291.74. This will decrease the General Fund budget by $113,965 and increase the DA Child Protective Services by the same amount. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters, Wassermann . General Fund and Jail Division - Create Correctional Health Professional, Class Code 1530 Position 1, Group 19 Step 2, Pay Code 016, Hours 1044. This will decrease General Fund by $24,020 and increase the Jail Division's Budget by the same amount. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . Courthouse Security and General Fund - Decrease the Courthouse Security budget by $10,170. This will decrease the Equipment - Other by $2,090, decrease Equipment - Radios by $7,000, decrease Clothing /Uniforms by $1,080, decrease the transfer from General Fund by $10,170, decrease the transfer to Courthouse Security by $10,170 and increase the General Fund by $10,170. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . General Fund and Sheriff Administration - Increase funds by $540 to purchase uniforms for the new deputy that was proposed in the FY 2014 budget. This will decrease the General Fund Contingency by $540 and increase clothing /uniforms by the same amount. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , !� ! _� A� Pg.�D Mallard , Peters, Wassermann General Fund and Sheriff Administration - Increase funds by $3,500 to purchase a portable radio for the new deputy that was approved in the FY 2014 proposed budget. This will decrease the General Fund Contingency by $3,500, increase transfer to General Capital Improvement Fund by $3,500, increase transfer from the General Fund by $3,500 and increase equipment - radios by $3,500. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . General Fund and Sheriff Administration - Increase funds by $545 to purchase Body Armor Vest for the new deputy that was approved in the FY 2014 proposed budget. This will decrease the General Fund Contingency by $545, increase transfer to General Capital Improvement Fund by $545, increase transfer to General Capital Improvement Fund by $545 and increase Equipment - Other by $545. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann. General Fund and Sheriff Administration - Increase funds by $930 to purchase a Taser and cartridges for the new deputy that was approved in the FY 2014 proposed budget. This will decrease the General Fund Contingency by $930, increase transfer to General Capital Improvement Fund by $930, increase transfer from General Fund by $930 and increase Equipment - Other by $930. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . The Court voted to adopt the budget with the inclusion of amendments 1 -59 for a total budget amount of $130,029,136.00 for Fiscal Year 2014. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann . 6. Resolution 13 -017 levying a tax rate for Brazos County for the Tax Year 2013. fD Item 6.pdf The County Judge moved that the property tax rate be increased by the adoption of a tax rate of $0.4875 which is effectively a 3.15% increase in the tax rate. Sandra Traweek asked if a postcard could be sent to all property owners notifying them of a possible tax increase. Kristy Roe stated that would mean sending over 93,000 postcards and that is not cost effective. This information is on the county website and in the local newspaper. The County Judge pointed out that property owners over the age of 65 with homesteads will not have their taxes raised. Their taxes are frozen the first year you qualify. Taxes can go lower but not higher. Plus there is a $75,000 exemption that comes off the top of the assessed property value for those age 65 or older. Ms. Traweek said she didn't think the taxes on her land are equitable with others in Brazos County. The County Judge said it could be due to a an agriculture exemption, but this is an appraisal issue not a tax rate issue. Vol. __ � gJ Pg. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 4 -1. Members voting Aye: Catalena, Mallard , Peters , Wassermann . Members voting Nay: Cauley. Commissioner Catalena then made a motion that the Maintenance and Operations portion of the 2013 Brazos County tax rate be approved at .4168 per $100 of valuation. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . Commissioner Mallard moved that the debt service rate on the county debt be set at $0.0707. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 7. Salary Merit Guidelines for FY 2014. Item 7.odf A copy of the merit policy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 8. Salary Schedule for FY 2014. D Item 8.0 f A copy of the salary scheule is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 9. Letter of Agreement for Preliminary Engineering Services and Submittal of Exhibit "A" for Railroad Approval. 0 Item 9.pd Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 10. Request from Brazos County Extension Office for variance of Comp Time Policy allowing one employee to carry over accrued comp hours until December 30, 2013. lb Item 10.0 f Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 11. Approval of a grant adjustment notice (GAN) for the 2011 SHSP Grant returning $0.83 in uncommitted funds to the SAA for redistribution. D Item 11.odf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 12. Acceptance of the Texas Department of Public Safety Division of Emergency Management Emgergency Performance Grant (EMPG) award for Fiscal Year 2013; grant period is 10/1/2012 to 3/31/14. 1D Item 12.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 13. Approval of an Order of Indemnification of the Brazos County Office of the Sheriff which addresses the personal liability for the loss of County funds or loss of or damage to personal property incurred by an officer in the performance of his official duties if the loss was not the result of the officers negligence or criminal action. D Item 13.odf Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 14. Discuss and take possible action on job description for Psychologist Position Division 3{��18800, Class 1890. A Item 14.0f A copy of the job description is attached. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 15. Discuss and take possible action on job description for Professional Counselor- Detention Position Division 318800, Class 1892. 2 Item 15.odf A copy of the job description 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. 16. Payment Authorization to NAPA Auto Parts in the amount of $79.96 for vehicle parts for Constable, Precinct 4; a purchase order was not obtained in advance. D Item 16.0f Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 17. Consider and possible action regarding an Interlocal Agreement with Lubbock County to provide court appointed counsel for individuals charged with the offense of capital murder (death eligible) during FY 2014. D Item 17.odf Commissioner Cauley asked for a workshop on this item. The County Judge said that the County has a contract due October 1 st and that this could be discussed right now. The County Judge had thought this would be a savings but it has actually been more expensive with additional costs. Commissioner Catalena stated that the County should go back to using local attorneys. The Justices of the Peace and District Judges are in agreement with appointing qualified local attorneys in capital murder cases. The Court then approved as submitted a letter that will be forwarded to the Regional Public Defender for Capital Cases in Lubbock, Texas formally notifying them that Brazos County will not be renewing its Interlocal Agreement (Public defender for Capital Murder) for FY 2014. Included is a statement that if further documentation is required for those cases that are currently being prosecuted under the Interlocal Agreements entered into in FY 2012 and 2013 that Brazos County be notified. Motion: Deny, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters. Wassermann . 18. Funding agreements with the following agencies for FY 2014 0 Item 18a.odf 1.D- Item 18b.odf 0 Item 18c.odf 0 Item 18d.odf D Item 18e.odf 0 Item 18f.odf D Item 18a.odf 0 Item 18h.odf Item 18i.odf 0 Item 18i.odf D Item 18k.odf ID Item 181.odf 0 Item 18m.odf 10 Item 18n.odf • a. Arts Council of Brazos Valley • b. Boys & Girls Clubs of Brazos Valley • c. Research Valley Partnership, Inc. • d. Brazos County Soil & Water Conservation District #450 • e. Dispute Resolution Center • f. Keep Brazos Beautiful, Inc. • g. Aggieland Humane Society, Inc. • h. Brazos Valley Food Bank • i. Brazos County Historical Commission • j. Mental Health Mental Retardation Authority of Brazos Valley . k. South Brazos County Fire Department, Inc. . I. District Two Volunteer Fire Department, Inc. . m. Brazos County Precinct 3 Volunteer Fire Department • n. Brazos County Precinct 4 Volunteer Fire Department Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 19. Third Renewal of Lease with Southwood West for the Justice of the Peace, Precinct 1 Office. 0 Item 19.odf The Court approved as submitted the third lease renewal between Southwood West and Brazos County for office space for the office of Justice of the Peace, Precinct 1 located at 12845 FM 2154, Suite 180, College Station, Texas 77845. The cost to Brazos County is $2,130.17 for the term of 12 months beginning October 1, 2013 and terminating September 30, 2014. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 8s` Pg 20. Third Renewal of Lease with Southwood West for the Constable, Precinct 1 Office. D Item 20.odf The Court approved as submitted the third lease renewal for office space between Southwood West and Brazos County for the office of Constable, Precinct 1 located at 12845 FM 2154. College Station, Texas 77845. The cost to Brazos County is $1,650 for the term of 12 months beginning October 1, 2013 and terminating September 30, 2014. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 21. Agreement with Junction 505 for the management of citizens collection sites for FY 2014. 0 Item 21.odf The Court approved as submitted the Agreement with Junction Five -O -Five for staffing the County collection sites for fiscal year 2013 -2014. There are no changes from the past agreement. Cost to Brazos County remains at $2,535.12 per month, per site. The term of the Agreement begins October 1, 2013 and ends September 30, 2014. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters. Wassermann . 22. Grant Contract # 1445162 for the State Automated Victim Notification System ( SAVNS) for September 1, 2013 to August 31, 2015. Item 22.odf The Court approved as submitted the SAVNS Maintenance Grant Contract between the Office of the Attorney General and Brazos County for Victim Notification Service. The term of the contract is from September 1, 2013 through August 31, 2015. 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 . 23. Approval of Exhibit R -10 Service Agreement Renewal with Appriss. D Item 23.odf A copy of the maintenance renewal agreement is attached. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 24. Interlocal Contract with Harris County Department of Education to utilize current contracts. 0 Item 24.odf A copy of the contract 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 . 25. Extension of bid # 2013 -40R Temporary Employment with Express Employment Professionals. D Item 25.odf The Court approved as submitted the extension of contract for Temporary Employment Services with Express Employment Professionals through September 30, 2013. All terms, conditions and pricing shall remain the same. Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters Wassermann. 26. Blanket agreement and requisition with Mitchell and Morgan for professional engineering and surveying services required by grants. D Item 26.odf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 27. Request approval for the acceptance of Special Warranty Deed from James W. Carroll for 0.984 acres of land to be used for the construction of County maintained road. Project will provide access to the volunteer fire station located on Peach Creek Road. The newly constructed road will be named Volunteer Lane. Site is located in Precinct 1. L0 Item 27.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 28. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Weesaw Lane (Seven - Eleven Ranch Subdivision). This project will provide water service to customer at address #2555. Site is located in Precinct 1. » Item 28.odt Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 29. Cancellation of the Regular Meeting of Commissioners Court for October 8, 2013. tD-- Item 29.Ddi Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 30. Tax Refund Applications for the following: !0 Item 30.Ddf . a. Jeffery A. and Amy S. Bednarz- overpayment -$7.58 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters. Wassermann . 31. Commissioners Court minutes for the following dates: Vol. Pt, �6 • a. August 6, 2013 - Regular Meeting • b. August 13, 2013 - Regular Meeting • c. August 20, 2013 - Regular Meeting • d. August 20, 2013 - Public Hearing at 3:00 pm • e. August 20, 2013 - Public Hearing at 3:15 pm • f. August 20, 2013 - Public Hearing at 5:00 pm • g. August 27, 2013- Regular Meeting • h. August 27, 2013 - Public Hearing Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 32. Budget Amendments. Budget Amendments FY 12/13 48.1 thru 48.5 .t Item 32.odf 48.1 Transfer funds from Contingency - General Fund to the Jail 48.2 Reallocate funds for Sheriff -Jail Administration 48.3 Transfer funds from General fund Contingency to Constable Precinct 2 48.4 Realize excess revenue for the HOT Fund and Expo Complex 48.5 Reallocate funds for Mikulin Road. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 33. Approval of attached scope of work and requisition # 00044011 to Mitchell and Morgan for engineering reports and documents regarding two Brazos County roads. 0 Item 33.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 34. Manual requisition to Union Pacific in the amount of $25,000.00 for pre- engineering services. B Item 34mdf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters, Wassermann. 35. Personnel Change of Status. Personnel Action Forms Et Item 35.odf A copy of the personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley, Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 36. Payment of Claims. Vol. KZ-F pg. 10 Claims Sheet.pdf ED BILL LIST 09.10.13.odf 7113856 through 7114050 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 37. Convene into (3) executive sessions pursuant to 551.0785 for deliberations involving medical or psychiatric records of a county employee. At this point, the County Judge announced the Court would consider items 39 through 42 then return to convene into Executive Session. Having considered the previously noted agenda items, at 11:42 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the medical or psychiatric records of a county employee as allowed under Section 551.0785 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Jennifer Salazar, Human Resources Director 38. Consider and possible action on the Executive Sessions. At 12:05 p.m. the County Judge announced the meeting open to the public. On motion by Commissioner Cauley, seconded by Commissioner Catalena, the Court voted unanimously to approve a certain procedure for two specific employees. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 39. Acknowledgement of the Monthly Reports submitted in August 2013. 10 Item 39.odf The Court acknowledged receipt of the Extension Service reports submitted in August 2013 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk 40. Sheriff's report on inmate population. Chief Deputy Jim Stewart stated there were 617 inmates in jail, 70 have electronic monitors and 11 are pending for monitors. 41. Announcement of interest items and possible future agenda topics. Commissioner Mallard stated that Bill Jeanes, Risk Manager has suggested that the Court review policies and procedures. Commissioner Mallard thanked Bea Green for her help with the MCC Program. She has worked to coordinate with local Realtors to get the word out about the program. Pg 42. Call for Citizen input and/or concerns. Commissioner Cauley has seen a list of unclaimed funds and asked Laura Davis, County Treasurer what the problem is in Brazos County claiming the funds. Katie Conner, County Auditor said that it is issues like child support money. It's not actually Brazos County money. It was turned in because it has satin the office due to not being able to find the recipient. 43. Agency/ Board/ Committee reports by Court members. There were no agency /board committee reports. 44. Adjourn. Vol. Pg. - "/9 The foregoing minutes of the Commissioners Court meeting held September 10, 2013 have been examined and are approved in open Court this day of Q2tDhj (' 2013, in Bryan, Brazos County, Texas. Duane Peters County Judge S y Catale ommissioner, Precinct 2 Irma Cau ey Commissioner, Preci Attest: �/ /� Karen McQueen County Clerk Vol / 9-3 Page �za Lloyd�Wassermann Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 BRAZOS COUNTY COMMISSIONERS COURT PAGE _ I of L Vol. 8`S� PC eZ/�i I BRAZOS COUNTY COMMISSIONERS COURT J,013 f Meeting on Name Organization / Department L� C3Y►" n -K-r L 4 i PAGE Z of Z Vol. 'Pg. Proclamation Constitution Week WHEREAS September 17, 2013 marks the two hundred twenty -sixth anniversary of the drafting of the Constitution for the United States of America by the Constitutional Convention; and WHEREAS It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 -23 as Constitution Week. NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the week of September 17 -23, 2013 as Constitution Week AND urges our citizens to reaffirm the ideals which the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained, and to express gratitude for the privilege of being an American in a Republic which functions under the oldest Constitution still in active use today. PROCLAIMED this 10`s day of September, 2013. Duane Peters County Judge Corrurfissioner Lloyd Wassermann Precinct 1 Commission 1 nny Mallar Preci t 3 13 -014 Vol. L �✓� Pc RESOLUTION NO. 13 -008 A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO THE U.S. DEPARTMENT OF COMMERCE FOR FUNDING THROUGH THE ECONOMIC DEVELOPMENT ADMINISTRATION'S (EDA) 2013 PUBLIC WORKS INVESTMENT ASSISTANCE PROGRAM FOR INFRASTRUCTURE ROAD IMPROVEMENTS. WHEREAS, Brazos County desires to develop a viable community, including expanding economic opportunities and creating a suitable living environment; and WHEREAS, Brazos County has been approached by one or more potential businesses seeking to expand into the community; WHEREAS, there is a lack of adequate public road access to the Texas Triangle Park necessary to attract new businesses; and WHEREAS, it is necessary and in the best interests of Brazos County to apply for funding under the Economic Development Administration's 2013 Investments for Public Works and Economic Development Facilities to provide capital to be used to foster economic development activity. NOW, THEREFORE, BE IT RESOLVED: Section 1. That an application is hereby authorized to be filed with the U.S. Department of Commerce for funding consideration under EDA's 2013 Investments for Public Works and Economic Development Facilities program; Section 2. That the application be for up to $ 2.805,000 of grant funds to carry out road construction activity in the Texas Triangle Park; Section 3. That minimum matching funds in the amount of $ 2,100,000 in cash from the Mikulin Road budget and $705,00 0 in Texas Capital Fund grant monies are committed by Brazos County to fund application activities; and Section 4. That the County Judge is designated as the Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and subsequent participation in EDA's 2013 Investments for Public Works and Economic Development Facilities program should funds be awarded to the County for road construction activities. PASSED AND ADOPTED at a regular meeting of the Commissioners' Court of Brazos County, Texas, held on September 10, 2013, by the following vote: AYES: 5 NAYS:_Qy_ f-'� ABSENT: Q ATTEST: KAR N McQ EN, COUNTY CLERK - -- _A rrrrrr� { Section 4. t Reconstruct Existing Mikulin Rd to t �i'a�en . asoo rn �..;;y.,, � 'ti 9 _� ? 38' width with ribbon curbs and �rdx'� h 40 mph design spesd. r rz Section 3, f djF',,P Rehabilitate Existing Mikulin Rd to "3R" standards including significant pavement improvements p F. Section 2. Qnnsby Rehabilitate Existing Mumiord Rd to Power i �, '3R' standards including significant` Mu Plant X pavement improvements Section 1. Re— Construct Existin g Mufard Ail � Road to 0 44* Wide Section & 50 MPH Design Speed. 4h lord Aft,ory Lake 6ryon r}oa Ro / t i Lj do r m: sip EXHIBIT 1 MUMFORD ROAD f MIKULIN ROAD PROJECT IMPROVEMENTS Vol. Vol. I �� Pq. I PRELIMINARY ENGINEERING REPORT MUMFORD ROAD & LOUIS MIKULIN ROAD REHABILITATION PROJECT BRAZOS COUNTY, TEXAS August 2013 Prepared for: Brazos County Purchasing Department Brazos County Administration Building 200 South Texas Ave. Suite 352 Bryan, Texas 77803 Submitted to: Econom is Development Administration Austin Regional Office 504 Lavaca Street Suite 1100 Austin, Texas 78701 -2858 MITCHELL 1 T1 MUK(jAN ENGINEERS & CONSTRUCTORS 511 UNNERSITy DRIVE, SUITE 204 COLLEGE STATION, TX 77840 OFFICE (979) 260 -6963 FAx (979) 260-3564 l. F Preliminary Engineering Report Mumford Road & Louis Mikulin Road Rehabilitation Project Brazos County, Texas Project Components This project is for the rehabilitation of the existing Mumford Road in Brazos County, Texas. It consists of two parts: the upgrade of 11,500 feet of existing Mumford Road, a Brazos County roadway, from FM 2818, Harvey Mitchell Parkway to Louise Mikulin Road, and the upgrade of 2,250 feet of existing Louis Mikulin Road, a private roadway, from Texas State Highway 6 to Mumford Road. A graphic of these two sections can be seen in Exhibit 1 Mumford Road was originally constructed as a dirt road, then converted to a gravel road as traffic usage increased. It has been improved to a gravel road with a chip sealed surface. The roadway geometry, both vertical and horizontal, does not comply with current standards and roadway safety requirements. The existing 23 foot wide pavement section is currently in good condition but cannot withstand additional traffic loading, especially significant heavy vehicle loading. A traffic count in April of 2013 registered 1,583 vehicles per day. Louis Mikulin Road, a private roadway, was constructed as a construction access for the Dansby Power Plant. The roadway was not intended to be a public roadway and does not comply with design standards for a rural collector type roadway. The existing 26 foot wide pavement section is heavily patched but shows few failures. No traffic count is available for this roadway but the roadway is currently gated, implying the traffic count is extremely low and likely only a few vehicles per day. Both roadways will be improved to the current standard for rural collector roads per the Texas Department of Transportation (TxDOT) Roadway Design Manual as revised in May 2010. Mumford Road is expected to receive significant additional traffic, especially truck traffic, with the development of the Texas Triangle Park. (See Exhibit 2) Preliminary traffic projections indicate roughly 6,500 vehicles per day for Mumfcrd Road between Texas Triangle Park and FM 2818. As such, the roadway will be redesigned to a 50 MPH design speed with two twelve (12') foot travel lanes and ten (10') foot wide paved shoulders. It is important to note that the TOOT Design Manual allows for eight or ten foot wide shoulders on the rural collector roadway. A significant volume of truck traffic is expected on this portion of Mumford Road so the projected design is to utilize the wider shoulders in this section. Existing vertical and horizontal curves and drainage structures shall be reconstructed to comply with these design parameters. There is an existing twenty -eight (28') foot wide bridge that crosses Thompsons Branch on this section of Mumford Road. The bridge has a HS20 rating and has been recently inspected by TOOT. The bridge inspection report has indicated that the bridge is in very good condition. (See Exhibit 4) The TOOT Roadway Design Manual indicates that a twenty -eight (28') foot wide bridge is acceptable on a rural collector road design. Because the bridge condition is very good it will not be replaced but rather retained within this project design. Mumford Road between Louis Mikulin Road and Texas Triangle Park will not experience the significant truck volumes described previously. Therefore, this section of Mumford Road will be designed as eleven (11') foot travel lanes and eight (8') wide paved shoulders_ Louis Mikulin Road will be the primary access for several proposed developments and is expected to receive significant additional traffic with the development of the Texas Triangle Park properties. Preliminary traffic projections indicate a traffic volume of roughly 1,700 vehicles per day for this roadway. As such, the roadway shall be redesigned as a rural collector roadway with a 45 MPH design speed with two eleven (11') foot travel lanes and eight (8') foot wide paved shoulders. Existing vertical and horizontal curves and drainage structures shall be reconstructed to comply with these design parameters. Feasibility Analysis Existing Conditions The project is rehabilitating 2 existing roadways. The roadways are functional, although from a geometric and pavement standpoint are in need of upgrade. There is existing right -of -way for the roadways, however there will be right -of -way acquisition required to improve the geometries. Proposed Conditions Exhibit 3 (pages 1, 2 & 3) illustrate the plan and profile of the two (2) proposed roadway improvements. Windshield surveys have been made of each facility and there are no apparent potential problems along the route that could delay construction. It is a very rural area and no significant issues with this roadway alignment or construction have surfaced during the preliminary investigation. The only potential delay might be the acquisition of the necessary right -of -way to make these improvements, but that does not appear to be problematic either. Proposed Method of Construction The project shall be constructed by competitive bid with two contracts, one for each road. None of the construction work will be done by design /build, construction management at risk or by the applicant's own forces. Estimated Useful Life The project will be constructed as a flexible pavement, HMAC (hot -mix asphaltic concrete) facility. The roadway pavement will be designed such that it will contemplate in the design parameters a twenty year life for the roadway assuming routine standard maintenance will occur. The pavement design will be according to AASHTO Flexible Pavement Structural Design guidelines and/or TxDOT Guidelines and will utilize a useful life parameter of approximately 20 years. Current Detailed Construction Cost Estimate $5.26M (See attached Exhibit 5) Pg List of Permits Required Because the project is reconstructing two (2) existing roadway there are very few permits required for this project. Louis Mikulin Road will be improved where it intersects with Texas State Highway 6 which is a TxDOT facility. Mumford Road will be improved where it intersects with FM 2818 which is also a TxDOT facility. Therefore, TxDOT permits will be required to work within their right-of-way- The only work contemplated within US Army Corp of Engineers ( USACE) areas will be rehabilitation of existing drainage culvert structures. This work would not be deemed a significant impact on the drainage areas and will be permissible by the USACE under the nationwide permit. Therefore, no USACE individual permits will be required. The project is located within Brazos County with only a small portion of Mumford Road at FM 2818 is located within the city limits of the City of Bryan. The City of Bryan has indicated that they will not require that a development permit be obtained from the city for that portion of the work. Therefore, there are no city permits required for this project. Although there is a railroad spur that crosses both Mumford Road and Louis Mikulin Road it is a private spur so no permits will be required from Union Pacific Railroad for the rehabilitated crossings of this spur. Timellne Design: 8 months Right -of -way acquisition: 6 months Solicitation: 2 months Construction: 9 months Vol. Pg. . a2!ZL Improvements In Bold Dash f Iq k6u. m 4NN ' i!I U MUMFORD ROAD r` PROJECT r - _ Lli9 Vol. 4� Otv R R R t t t R R t R s F tJill • j ooc�oa0000aooa0000 � r 4 ! rS•-.. l .,\ -.r p'S4 -r ty,ww°M�S'?.ry r � � v I r K Vol. _ _l �� Pg. ... . .. . ... . . Oil. ry MUMFORD ROAD D IpFMO ft,: W" om- I 1 ! I PRELIMINARY Al 2w 1H 1 A ? I 'ell • ... . .. . ... . . Oil. ry J MUMFORD ROAD D IpFMO ft,: W" om- I 1 ! I PRELIMINARY Al 2w 1H 1 A ? J I I Vol. /915-, pg.,2 9 z I MUMFORD ROAD D IpFMO ft,: W" om- I 1 ! I PRELIMINARY Al 2w 1H 1 A MUMFORD ROAD (BRAZOS COUNTY) I I Vol. /915-, pg.,2 9 z I z -' ,�, �f a i� 0 m x x m i ry O M/KULIN ROAD ALIGNMENT PLAN & PROFO.£ G7 MUMFORO ROAD (BRAZOS COUNTY) e. " r., I oil' 1 P r ._FilIP11111111111 Rn11— I rTe. I dll Vol. BRIDGE SUMMARY SHEET Bridge I D. 17- 021 - AA03 - 02 - 004 Facility Mumford Road Feetura x•ed. Thompson Creek Tributary Brdge gamer Brazos County Company Name: BARNHART ENGINEERING F660 slgnature:l Z--�j r Date PravloYe Lead Posting Recommandadona: Selected Component Description and Rating: Inapecllon Rabrlg Inn enlwy Rasrg Oparablg RaMg Inspection Date: October 7 2011 X None H HS H HS Concrete Deck a 20.0 20.0 27.0 27.0 Steel SMnger a 20.0 20.0 27.0 27.0 Abutment Cap 8 20.0 20.0 27.0 27.0 Abutment Foundation a 20.0 20.0 27.0 27.0 Load Rating —T O-0 20 0 27.0 27.0 Comments andror Upgrade Recommendations fit applicable): Moderate to severe dumping of household garbage into channel betl from both aides of bridge See photos and I.0ed Posting Lhnlq lot Present Condition (If applicable): °ventory oponvy ti9 Ibs Gross Ibs Gross Ibs Tandem Aide 01 Tandem Ado Ibs Axle or Undo, Ibs Axle a Tandem Sign Code Sign Code y IINN OMER 1117-21b R12— 1 2 S Arang wl orou EWE. Mli w Bq.Te RQ4k a❑ -! a e ,- a ng Recommencaaon: Loaa posting not required at Itus time PravloYe Lead Posting Recommandadona: Observed Load Posting at Bridge: R 12 27h x None R122% X None R12 -2TC lea Gross R 12 -2TC Ibs Gloss R124Tb Ry Tandem ARM R I24Tb to Tandem Mlle R124% IM Asle w Tandem R 124% Ipa ARM w Tandem pgten. Load ZaWd Bridge _- R12 -2Th _- R12.2% _- R12 -41b R124TC _- W1 2 -a Poab Hedwme sob Dscaia !bible a Legible �.. -.. e. Obscured by vegewtvn C. Sign Needs Cleaning T COWASS lit Advanced Warning Bridget Bridge Advance Wanting laR Approach Approach (oDrRMal2 Sign Coda I ` r.._....... _.. __.__ ._ — —' Memlenence Need 0. enpnfper Poabon G Sqn Mbarg K Clean Stan N None E. Damaged Beyond Repalr H Slpn a Pmt Mitring I. Rexm:f n Sign P Rapace Sign F. sign Dam J Clew vegeuban M RePMW- sign A, Pmt S Replace Sgn a Poa1 Vol. _L.� Bridge Inspection Record 4sra.a r aa+rrrw Fame roam District: 17 Count): 021 Cont-Sec: AA03-02 Structure: 004 Route: MUMFORD RD Description: Single Span Steel Stringer Bridge On Concrete Pier Abutments - 10 Degrees Right Forward Slew FeatureCmsxd :THOMPSON CREEK TRIBUTARV Inspector's Signature: Company Name: Bombers Engineeriat 1669 Inspector. C.R. Barahart, P.E. Rating Description - �/ c �;✓el�.✓..�%... . - No Applicable 9 - Expeteni cordition 7 -i � �✓ _Cy i � 8 - Ven good condition, I - Good candnion - sane mina pnibtems 6 - Satisfactory condition - minor deterioration of structural ckments ilimitcdl 3 - Fair condition- minor deterioration of structual elements levtanwi c) d - Poor crmdidon - deterioration significantly affects structural capacity 3 - Serious Condition - deterioration seriously affects stmetuml tapack% 2 - Critical condition - bridge should be closed until repaired I - Failing axdition - bridge closed but repairable 0 - Failed codition - bridge cloud but k%xxid repair Deck (Item 581 Comments: Miss. Rating t I n Concrete deck is in good overall condition. %lain( Sect: Date: I W7l2011 I Deck - Rating Concrete 11) . O 6 Wearing - Surface .. 6 Joints. Expansion. Open 6 Joints. Expansion. Scaled 8 6 Joints. Other 6 Drainage System 8 6 Curbs. Sidewalks R Parapets Steel 8 6 Median Barrier 6 Railings Steel Pipe 8- ' 7 Railing Protective Coating 8 7 Delineation (carve markets) Other Min. Rating SUPOTStrill"UTe (Item 89) 0 Main Members - Steel 8 0 Main Members - Concrete 0 Main Members - limber 0 Main Members - Connections ( t) 8 I Floor System Members 1 Floor System Connections 5 Secondary Members (2) B 3 Secondary Member Connections _. (3) a 6 Expansion Bearings - 6 Fixed Bearings 8 6 Steel Protective Coating 8 Odrer Component rating LJ Comments: i it Beams are all spliced at midspan. The welds appear to tre of good quality. tv -1 llserc arc � sets ot'cross tnavcs at I O.U' spacing. t31 Crass braces welds do not inirrxet girder splice acids. DO NOT DISCLOSE - INFORMATION CONFIDENTIAL UNDER THE TEXAS HOMELAND SECURrTY ACT AND 23 USC SECTION 409, SAFETY SENSITIVE INFORMATI Pg. Z3� District: 117 County: 911 Coat-s": AA03-02 Structure: 1004 Route: MUMFORD RD Maim Sw: Substructure (item 60) Min. Rating 0 Abutment Caps 0 Above Ground 0 Fmlo% Ground or Foundation 0 Backwalls & Wingwalls 0 Inicrinediate Supports Caps - Concrete Caps - Simi Caps - Timber Above Ground - Concrete Above Ground - Steel Above Ground -Timber Above Ground - Masonn Below Ground or Foundation 5 collision Protection system 6 Steel Protective Coating Component rating L Chmne Min. Rating 0 Channel Banks (1) 0 Channel Bed 121 5 Rip Rap, Toe Walls & Apron 5 Dikes 5 genies Other Component rating CUNG"S (item 62� Min. Rating 0 Top Shil" 0 Bottom Slab or Footing 0 Abutments & Intermediate Supports 3 Hcadwalls & Wing%alls Other Component rating Comments; (ii Concrete abutments are in good owitill condition. el. 2e 0 .OF rg� 11 .................. 4' C. R. BARNMART it f .2 r........................... 1 I Channel banks appear stable. (2) Moderate to severe dumping of household garbage into channel bed. from both sides of hridge. See photos. DO NOT DISCLOSE • INFORMATION CONFIDENTIAL UNDER THE TDL46S HOMELAND SECURITY ACT AND 23 USC SE I / Vo 1. District: 17 Conan: 021 Coni -Sec: AA03 -02 A roaches (Item 65) Min. p Structure: 004 Routc: MUNIFORD RD Maim sw: Cammems: III Asphalt approach pavement is in gmnJ oycrall condition. 121 Bridge is within ahorpomal curve. P Rating 0 Embankments 8 4 Embankment Retaining Wails I Slope Protection 8 S Roadway Asphalt (1) 6 6 Relief Joints - 6 Drainage - 8 6 Guardfrnce 8 7 Delineation 8 7 Sight Distance (2) 7 Other Component rating Mia. Miscellaneous wtiag t,-.-r,eGc- 4r.._- ♦ • . a ......................i..: j C. R. BARNHART 4 a`. 60390 7 Signs vt � -- ` ol, 7 Illumination 7 Warning Devices - 7 Utility Lines Other -. Traffic Safety (Item 36) Rating Comments: Traffic Safety Bridge Railings 1036.1) 0 Traffic Safety Transitions 1036.2) 0 TmRicSafcmAppruachGuardrail (036.3) - 0 TmM,c Safety Approach Guardrail Ends 1036.4) 0 Appraisal Ratings Rating Comments: WalcrwWAdequacy 1071) 7 Approach Roadway Alignment 1072) 7 DO NOT DISCLOSE - INFORMATION CONFIDENTIAL UNDER THE TEXAS HOMELAND SECURITY ACT AND 23 U5C SECTION 409, SAFETY SENSITIVE INFORMATION IVol. /$',S'- py. a jj�_ LOAD RATING VERIFICATION BRIDGE 1D: 17- 021- AA03 -02 -004 FACILITY: Mumford Road FEATURE CROSSED: Thompson Creek Tributary BRIDGE OWNER: Brazos County. Maintenance Section 02 I HAVE REVIEWED THE PRIOR LOAD RATINGS FOR THIS STRUCTURE DATED Tuesday. October 23. 2008 AND FOUND THAT THEY PROPERLY REPRESENT THE PRESENT CONDITION AND CAPACITY OF THE EXISTING BRIDGE. NOTE: Superstructure is in overall good condition. C. R. Barnhart. P.E. Barnhart Engineering 1, Vol. - -/ Pg. N i ROADWAY VIEW - LOOKING SOUTHWEST A, SIDE. ELE6'ATIOS - LOOKIN'C. NORTHEAST 9� 5a NEG. 914 \r:G ilg Barnhart Engineering DATE: OCTOBER 7, 2011 COUNTY: 021 BRIDGE NUMBER: AA03- 024001 Vol. / g Pg. z4r� VIEW OF SUPERSTRUCTURE - 1,00KINC SOL THU EST VIEW THROUGH BRIDGE - LOOYJNG SOUTHEAST NOtt: MODERATE TRASH AM) DEBRIS Is DlzmPLOUNMR BRIM-E. M1 -�j�M �P ♦ 021 BRIDGE NUMBER: Vol.. pg. \L& 517 518 AA03-024*4 L PSTRF AM CHANNEL - LOOKING WEST DOWNSTREAM CHANNEL - LOOKING EAST DATE: O"oont 7, 2011 COUNTY: 021 BRIDGE NUMBER: Y3 \16 5 15 NEG. S16 Barnhart Engintofins Exhibit 5 ?E�: t27iS6Y61f3k3 C3S0011r91Y '.i'&F"1WR87fF.dLS'D:G .:' :t?JSi0.4"J0`vAb,1N r>_rGI:1::"P5' Vol. / �i7 Pg. .Z �3 taumfard Road Rehabilitation or.e.a eylwn emalaetlm LS. Louis Nikulln Road Rehabilitation 1 314000 M 441' RCP Pipe, (A&llu G76, CL 113(BDw l Badcall LF. UnSnRerf P1a11mMary RapmNe of Construction Goats 710 376300 411 MRCP pIp,(A6111 C -76, B l LF. S*ptmbw C 2013 440 f11,M0 41 a IP(&9aa0a.I Jdl 20' RCP Pile, (A$TM C -711, 0.1B!(MCIL al BUMO) pay► DaavlpWn LMN ixeBPNa Queasy 7bW LF. Bb Av wadal 458 334.580 43 M t5,• RCP Pip, (AST{/ C-r6, d III) [&bumaM Be[aMII 1 alob00e9on ela R17.dCwrrM (rrl LA. 3201.02! 1 3201,017 2 Dwnal9en LA. 339.000 1 SM,000 3 Cweaamm MOO LS. 325,000 1 333.000 4 Qaanro.nci CNLH9 Edso" Traea L6. 326.000 1 325,000 3 New Parcae ~ Reauaad LA. $10,1100 1 314000 6 Bvdcadsa. Big. and T H Iing C:) LA. 111 1 $67.435, 7 Enalan a seSmanmim C (3 %) LA. 300,151 1 386,161 a relapse WMnp 65~Ian (25, %) L8. 371,793 1 $71,796 9 GTmNg of l)PRR Main Tnrl EACH $358,OM 1 $4OOA30 10 OImMO d BTU Spr EACH Sim,= 1 $425,000 11 Nya m"dh S.F. $0.15 747000 9112060 12 WAY AUuabnmb L.S. 3M,oM 1 360,00(1 - .. MaYly COnabuadm 5,p6W 1 13 a d3a C.V. 38.00 $74919 14 Spud SUOpaM 1r Li SNIu,&bMagrad- 17 S.Y. 00.00 5,= 15,733 15 Latta (TXDOT 10' CnmM Llmatr2 27(1 &.Y. 316A0 15.739 $=I'MJ 8261,739 16 HMAC Type W pmaw man 340) OnvoOn9 Pile m.D S.Y. 39.00 15,733 $141,600 lr Cr=T n r HMAC Type c Ontlplro Pine mall (Ta0071eun 3lO) r C S.Y. 32.50 13,x33 i1419,467 18 6' Lime Sti018etl SuronOa I.Ieuaer) &Y. $4.M 13,111 300 616 19 9' Cmued L31e.bn(T=T San 275)(ucuev) Sy. 516.00 13,111 t'A4776 00 7 HMAC Typa D Prcludup Phe mu) (T=T pm NO)(ucudrl &V. ALM 13,111 11141,000 21 v Lime 6NdlCed&uteeb(d0nava) S.V. P.M 1,322 M06o 22 w CnMed llnnesm. (IY T lm no) ("two) S.V. $15.00 1,322 321,158 23 Y HMAC T)pa 0 Bx6dNp Pan, md) (r1DOT pm 310) (dnaawya) Sly. $4.M 1,322 31IAOD 24 wmu seam nurd 7. GF 131 p v LF. 320.00 400 M,30D 26 &n9la CUw9el Tim aid T74i- ar%I(T41 EACH 32,001 2 54,000 A Neal B,emO Fanp(DoapOaam Arrler Tomeu)GF(31)DAT -1V FAL'H 31,000.00 2 $3,0011 semen 2 T7 FinbakmeniM Sbau Ceromadkn C.Y. $4.30 5,676 Nswe 29 S CRAW LIrIaYPe Domain mawla O %man a.Y. 316.00 13,700 sma58 29 7 HIMC T00a 0 plaapal0 pep OW) 0x001` Dam 340) B.Y. Won 13,7M 3123,750 peter a 00 Embe01.1t fwORalCmealxOm C.V. $Am 3AST $24333 31 6' C l Ll abl, Calnem SbMlad In Sap B.V. $16.00 5,500 Snow M 7 HMAC Type D(lauufep Pena mall( OT Item 34(1) B.Y. 81.00 5= 549.530 41,eaan4 $4 EmIwIMw WS"MCP cum C.Y. am lo,9M $47,111 3r IT LbnalRoUlluad Subvada B.Y. MAD 13j067 3104,637 35 16' CmaflM tlmrme 1T 001 ham 275) S.Y. $16.00 13,w 329AP 36 T HmM Type 0 (Incoong was, own) (Tr007 item 310) S.Y. $9.00 13AP $117,000 37 7 HMAC Type (Irckuln0 plans dull) (TxDOT Item Sea) &Y. "AD 13,067 f124,133 36 Rmbm Cot LF. 31540 9AM 3147,(100 ?E�: t27iS6Y61f3k3 C3S0011r91Y '.i'&F"1WR87fF.dLS'D:G .:' :t?JSi0.4"J0`vAb,1N r>_rGI:1::"P5' Vol. / �i7 Pg. .Z �3 Oau►n.M Pame mO or.e.a eylwn emalaetlm LS. (111,000.58 1 314000 M 441' RCP Pipe, (A&llu G76, CL 113(BDw l Badcall LF. $116.00 710 376300 411 MRCP pIp,(A6111 C -76, B l LF. MB.M 440 f11,M0 41 a IP(&9aa0a.I Jdl 20' RCP Pile, (A$TM C -711, 0.1B!(MCIL al BUMO) LF. 53 Enypadro 100 313,700 43 24' RCP pp, PSTY C-7111, IB)(Sbmbau Bataan LF. U&M 300.00 458 334.580 43 M t5,• RCP Pip, (AST{/ C-r6, d III) [&bumaM Be[aMII LF. 007.00 7 314,600 44 RaoMt&Er. EACH 37.400.00 B a 319,700 46 wlR pd.'1 00'RC EACH $1.030.00 6 $12,000 46 " Gl PNOWS.ET. Ir RCP5,'1 PMCFA&ET. if,mw 20 $76,00 47 16•RCP Al Pnou &ET. MH ETCH 3(,300.30 H $11100 ?E�: t27iS6Y61f3k3 C3S0011r91Y '.i'&F"1WR87fF.dLS'D:G .:' :t?JSi0.4"J0`vAb,1N r>_rGI:1::"P5' Vol. / �i7 Pg. .Z �3 Oau►n.M Pame mO 49 Btaeevy Sol" LS. (111,000.58 1 314000 M Tapp Suety L.S. lWooAM 1 006,000 61 Mob and Baum fP w1adon, LA. $4,M0.00 1 MOOD 0 [idw' wow lmmtl9abm LA. $45,000.00 1 SNOW 53 Enypadro LA. w"31.35 1 3273231 54 T400T Fem ury LS. 39,600.00 2 00300 M EnaFwd94Rarl Rajwwnrn L.S. 300,580.00 1 *WOOD ?E�: t27iS6Y61f3k3 C3S0011r91Y '.i'&F"1WR87fF.dLS'D:G .:' :t?JSi0.4"J0`vAb,1N r>_rGI:1::"P5' Vol. / �i7 Pg. .Z �3 Id 2 3 4 5 BRAZOS COUNTY, TEXAS POSSIBLE AMENDMENTS TO THE PROPOSED 13 - 14 BUDGET 9/10/2013 FUND DIV ACCT DR/CR ACCOUNT NAME INCREASE DECREASE Adjustments and Corrections to Proposed Budget 1 -25 Exposition Complex Recommendation by Budget Office ro correct the Job Claws Title for Class Code 0855 Position I from General Hanauer - Expo to Assistant General Manager - Expo. No -ffect to budget. Exposition Complex I I Recommendation by Budget Office ro correct the Job Class Title for 0857 - I under Longevity to from General Manager - Expo to Senior Manager, Expo Operations. No affect to budget. 4500 63000500 67287000 CR Equipment - Radios 11,119.00 4500 24101100 49028000 DR Transfer from General Fund 11,119.00 01001 1 91110000 CR Transfer to General Capital Improvement Fund 11,119.00 0100 11001500 61130000 DR Contingency - Geneaal Fund i t,i 19.00 Exposition Complex Recommendation b Budget Office Reduce the funding request foT Radio Communication Equipment by $11.119, -The HOT Committee granted request to fund this capital expenditure. This will reduce Equipment- Radios by $11,119, reduce transfer from General fund by $11,119 reduce transfer to General Capital lrnprocement Fund by $ I I, l l9, and increase General Fund Contingency by S 11,1 19, 4500 63000500 80286000 CR Equipment - Other 12,000.00 45001 24101100 49028000 DR Transfer from General Fund 12,000.00 0100 1 91110000 CR Transfer to General Capital Improvement Fund 12 000.00 0100 11001500 61 130000 DR Contingency - Gonerai Fund 12.000.00 Ea sition Complex Recommendation bX Budget 0111ce Reduce the funding requested for two LED Scoreboards (2) by S12.000. the HOT Committee granted request to fund this capital expenditure. This will reduce Equipment -61 her by $12,000, rcducc transfer from General Fund by $12.000.. reduce transfer to General Capital Int rovement fund by S12 OtiO and increase General Fuitd contingencv b }' $12- t1(lfi. 0100 47010000 CR Reserve Fund Balance 9N 01001 24101100 1 71500000 DR Rental -Office Space 937.00 JP Pct #1: McCleary and General Fund Reserve Fund Balance Recommendation by Budget Office Add additional funds for rental of office space for JP Pct tt I . This will increase the JP Pct "' l budget by 5937 and increase General Fund Reserve Fund Balance bs the same amount. _ (be FY" 2014 proposed budget includes $25,625 and should be $26,562. amount, The additional $937 will make up the shortfall in the rental Fol. W1020A1 9'31 AM 1 2014CM1 gos102014Pro 3WBOLT 34 Bbl 36 BRAZOS COUNTY, TEXAS POSSIBLE AMENDMENTS TO THE PROPOSED 13 -14 BUDGET 9/10/2013 FUND DIV ACCT DR/CR ACCOUNT NAME INCREASE DECREASE 0100 11000500 51820000 1 CR IMerit 4,401.00 0100 16000100 51150000 DR Salary Appointed Official 3,606.00 0100 16000100 53100000 DR Social Securi 276.00 0100 16000100 53200000 DR Retirement 505.00 0100 16000100 53800000 DR Worker's Comp 14.00 Non-Departmental and County Auditor Recommendation Non-Departments] and County Auditor Recommendation by the Budget Office tuacm pay for Auditor- Appointed, Clans Cade 0311 Position 1.6roup NA Step NA, Pay Cade 011, from hi, eel,lz rate of 53.405,13 to $3 43.30. This will decrease the Merit Pool in the amount of $4,401 and increaae the County Auditor's bud get in the same amount. ell iintina County Anditor `with ir'now my mcrease wasn�as,__MLtroucd by the Diyrlet Judges on August 16, 2 013. 0100 11000500 51820000 CR Merit 865.00 0100 16000100 51300000 DR Salary Staff 709.00 0100 16000100 53100000 DR Social Security 54.00 0100 16000100 53200000 DR Retirement 99.00 0100 16000100 53800000 DR Workers Comp 3.00 Non-Departmental and County Auditor Recommendation by the Bud et Offtoe Increax pay for Director of Accounting, Class Code 0313 Position 1. Group NA Step NA, Pay Code 013, from biweekly rate of 52.729:92 to 52.757.09. This will decrease the Merit Pool in the amount of $865 and increase the County Auditor's budget in the same amount. Order Determining Compensation of County Auditor and Assistant County Auditors with the new pay increase was approved by the District Judges on August I6, 2!113...._ 0100 11000500 51820000 CR Merit 767.00 0100 16000100 51300000 DR Salary Staff 629.00 0100 16000100 53100000 DR Social Security 48.00 0100 16000100 53200000 1 DR Retirement 88.00 0100 16000100 53800000 1 DR Worker's Comp 2.00 Non-Departmental and County Auditor Recommendation by the Budget Office Increase pay for Director of Internal Auditing, Class Code 0314 Position I. Group NA Step NA- Pay Cade 013, from hiweekly rate of S2,! 2;,3? t t S2, 149.43. This will decrease the Merit Pool in the amount of $767 and increase the County Auditors budget in the stem amount, r l]eterminine Cc mmnsatlon of County Anditor and Assistant Ct uatt) Aud`otties with the new pay increase was approved by iWi'::> WIW0131 9'21AM V.I. V P ppu Pmp mWflDGT 37 38 39 BRAZOS COUNTY, TEXAS POSSIBLE AMENDMENTS TO THE PROPOSED 13 -14 BUDGET 9/10/2013 FUND DIV ACCT DR/CR ACCOUNT NAME INCREASE DECREASE 0100 11000500 51820000 CR Merit 1309.00 0100 16000100 51300000 DR Salary Staff 1,073.00 0100 16000100 53100000 DR Social Securi 82.00 0100 16000100 53200000 DR Retirement 150.00 0100 16000100 53800000 DR Worker's Com 4.00 Non-De artment21 and Couo Auditor Recommendallou 1, the Bud et Office Increase pay or Asststant Counir� Audrtnr 1V, Class o e 0315 Position 1, roup NA Step NA, Pay Code 1 ,from tweekly rate of $'1052.57 to $2,093.68. This will decrease the Merit Pool in the amount of $1.309 and increase the County Aud'itor's budget in the same amount. Order Determining t ompensati$$ ty Auditor and Assistant County Audi Elots With the new pay Increase Was approved by Illy District Lu4M on August 16, 2013. 0100 11000500 51820000 1 CR IMerit 1153.00 0100 16000100 51300000 1 DR ISalary Staff 945.00 0100 16000100 53100202 1 DE Social Security 72.00 0100 16000/00 53200000 DR Retirement 132.00 0100 16000100 53800000 1 DR Worker's Com 4.00 Non-Departmental and County Auditor Recommendation by the Budget Office Increase pay for Assistant County Auditor III, Class Cade 0316 Position 1, Group NA Step NA, Pay Code 013, from biweekly rate of $1,811:30 to $1,847.51. This will decrease the Merit Pool in the amount of $1.153 and increase the County Auditors budget in the same amount. JOrder Determining Compensation of County Auditor and Assistant County Auditors with the new pay increase was approved by the LDistrict 3tidges on August t 6, 2013. 01.00 11000500 51820000 1 CR IMerit 477.00 0100 16000100 51300000 DR Sal Staff 391.00 0100 16000,00 53100000 DR Social Securi 30.00 0100 16000100 53200000 DR Retirement SS.00 0100 16000100 53800000 DR I Worker's Com 1.00 Non -De artmental and Coun Auditor Recommendation by the Bud et OfTtce Increase pay for Assistant County Auditor 11, Clare Code 0316 Position 1, Group NA Step NA, Pay Code 013, from biweekly rate of $1,811.30 to $1,847.51, This will decrease the Merit Pool in the amount of $477 and increase the County Auditor's budget in the saute amount. Order Determining Compensation of County Auditor and Assistant County Auditors with the new pay increase was approved by the 1}istria� 1 s on A t lb. 2013. —j Vol. — -��� P9 _4, 911OM131 921 PM 10 2014 ChNVMN 2014 PMp0.9Md BOOT 40 41 42 BRAZOS COUNTY, TEXAS POSSIBLE AMENDMENTS TO THE PROPOSED 13 -14 BUDGET 9/10/2013 FUND DIV ACCT DR/CR ACCOUNT NAME INCREASE DECREASE 0100 11000500 51820000 1 CR IMerit 723.00 0100 16000100 51300000 DR Sal Staff 593.00 0100 16000100 53100000 DR Social Security 45.00 Social Security 0100 16000100 53200000 DR Retirement 83.00 1 DR 0100 16000100 53800000 DR Worker's Comp 2.00 2.00 Non-Departmental and County Auditor Recommendation by the Budget Office Increase pay for Assistant County Auditor It, Class Code 0317 Position 2, Group NA Step NA, Pay Code 013, from biweekly rate of 51,511.95 to $1,534.67. This will decrease the Merit Pool in the amount of $723 and increase the County Auditor's budget in the same amount. Order Determining Compensation of County Auditor and Assistant County Auditors with the new pay increase was approved by the LUistrict 1udges_ar. August 16, 2011 0100 11000500 51820000 1 CR IMerit IMerit 467.00 0100 16000100 51300000 1 DR I Saim Staff 383.00 0100 16000100 53100000 DR Social Security 29.00 Social Security 0100 16000100 53200000 1 DR Retirement 54.00 1 DR 0100 16000100 53800000 1 DR I Worker's Comp 1.00 2.00 Non -De artmental and Court Auditor Recommendation b the Bud et Office Gtcrease pay fire Accounung Assrstant - L Ve 111, Class Code 0327 Position 1, Group A Step NA, Pay Coe 014, om biweekly rate of.S),333.60 to 51.355.75. This will derrease the Merit Poo) in the amount of5674 and increase the County. Auditor's budget in the sane amount. Non -De artmentA and County Auditor Recommendation It the Bud et Office se pay for Assist Order Determining Compensation of County Auditor and Assistant County Auditors with the new pay increase was approved by the District Judges on August 16, 2013. 0100 11000500 51820000 1 CR IMerit 674.00 0100 16000100 51610000 1 DR I Hourly Staff 552.00 0100 16000100 53100000 DR Social Security 43.00 0100 16000100 53200000 1 DR lRetirement 77.00 0100 16000100 53800000 1 DR Worker's Com 2.00 Non -De artmental and Court Auditor Recommendation b the Bud et Office Gtcrease pay fire Accounung Assrstant - L Ve 111, Class Code 0327 Position 1, Group A Step NA, Pay Coe 014, om biweekly rate of.S),333.60 to 51.355.75. This will derrease the Merit Poo) in the amount of5674 and increase the County. Auditor's budget in the sane amount. �Order Determining Compensation of County Auditor and Assistant County Auditors with the new pay increase was approv ed by the Disirict Judges on August 16.2011 num kcrcase the County Auditor'N annual budget by S10J J and decrease the Merit Pool by the same v,or:I . _,'u 20140WON0201 ftoottlW4T pg. L_- a, 44 45 46 BRAZOS COUNTY, TEXAS POSSIBLE AMENDMENTS TO THE PROPOSED 13 -14 BUDGET 9/10/2013 FUND DIV ACCT DR/CR ACCOUNT NAME INCREASE DECREASE 0100 11001$00 61 136WO I DR General Fund Conti agency 777,00 866.00 0100 17000100 51630000 CR Hourly Part Time 710.00 626.00 0100 17000100 53100000 CR Social Security 54.00 48.00 0100 17000100 53200000 CR Retirement 99.00 88.00 0100 17000100 53800000 CR Worker's Comp 3.00 15.00 Building Facilities and General Fund Contingency Recommendation b the Bud et Office Decrease danitorCustodian. Class Code 0705 Position 1. Group 7 Step 9 to Group 7 Step 8, Pay Code 014. This xill increase the General Fund Contin cmn in the arnount of $777 and decrease Building Facilities budgti in the sap: amount. Ti 00 11001500 61130000 CR General Fundcontin encv 596.00 866.00 0100 ] 7000100 5 i 630000 DR Hourl Part Time 710.00 480.00 0100 17000100 53100000 1 DR Social Security 54.00 37.00 0100 17000]00 1 53200000 DR Retirement 99.00 67.00 0100 17000100 1 53800000 1 DR lWorker'sComp 3.00 12.00 General Fund.Contingency and Building Facilities Recommendation by the Budget Office Increase Secretary, Class Code 0721 Pasilion 1, Group 9 Step 9 to Group 9 Step €0, Pa) 014. This will decrease the General Fund _Contingency in the amouni of $866 and increase the Buildin8 Facilities budget in the saute amount. 0100 1/001500 61130000 DR General Fund Contin nc , 596.00 0100 17000100 51730000 I CR Cell Phone Allowance 480.00 0100 17000100 53100000 1 CR Social Securi 37.00 0100 17000100 53200000 CR Retirement 67.00 0100 17000100 53800000 1 CR I Worker's Comp 12.00 Building Facilities and General Fund Contingency Recommendation by the Budget Office Delete cell phone allowance for Maintenance Technician III Class Code 0711 Position 4. This reill increase the t;enoml Fund Clantin¢ q in the amount of $595 and decrease the BuildinE Facilities budget in the same amount. 9M0#20101 9.71 AM 12 W14 PIWW BOOT y4Y _ 11001500 61 130000 DR General Fund Contingency 545.00 0100 17000100 51730000 CR Cell Phone Allowance 48000' 0100 17000100 53100000 CR Social Security 36.00 0100 17000100 53200000 CR Retirement 67.00 0100 17000100 53800000 CR Worker's Comp 12.001 Building Facilities and General Fund Contingency Recommendation by the Budget Office Delete cell phone allowance for the Building Caretaker, Class Code 0704 Position 1. This will increase the General Fund Contingency in the amount of $595 and decrease the Building Facilities budget in the same amount. 9M0#20101 9.71 AM 12 W14 PIWW BOOT y4Y _ 47 48 49 BRAZOS COUNTY, TEXAS POSSIBLE AMENDMENTS TO THE PROPOSED 13 -14 BUDGET 9/10/2013 FUND DIV ACCT DR/CR ACCOUNT NAME INCREASE DECREASE 3000 48046300 CR Mental Health 68 295.00 3000 318800 51300000 DR Wary Staff 48,588.00 3000 318800 53100000 DR Social Security 3,717.00 3000 318800 53101000 DR Flex Benefit Admin Fee 66.00 3000 318800 53200000 DR Retirement 6,802.00 3000 318800 53300000 DR Employee Health Insurance 8,940.00 3000 318800 53320000 DR Employee Dental insurance 120.00 3000 318800 1 53800000 DE Worker's Comp, 62.00 Brazos County Grant Fund: TJJD - Mental Health Recommendation by the Budget Office Create Psycholol,;ist. Class Code 18'10 Position 1, Group 24 Step 13, Pay Lode 013. This will inmasc 'TJJD - Mental Health Revenue by $65,334 and increase the TJJD - Mental Health budget in the same a nouns Coun Grant Fund: TJJD- Mental Health Recommendation h the Bud et Office IC1.1s Professional Counselor, Class Cade 189'- Position 1. Group 22 Step 5, Pay' Code 0 i 3. This will increase TJJD - Mental Health evenue by S6R.'_43 and increase the TJJD - Mental health budget in the same amount 3000 48046300 CR Mental Health 88 689.00 3000 1 318800 1 51300000 DR Salary Staff 65 334.00 3000 318800 53100000 DR Social Security 4,999.00 3000 318800 53101000 DR Flex Benefit Admin Fee 66.00 3000 318800 53200000 DR Retirement 9,147.00 3000 318800 53300000 DR Employee Health Insurance 8,940.00 3000 318800 53320000 DR Employee Dental Insurance 120.00 3000 318800 53800000 1 DE Worker's Comp 83.00 Brazos County Grant Fund: TJJD - Mental Health Recommendation by the Budget Office Create Psycholol,;ist. Class Code 18'10 Position 1, Group 24 Step 13, Pay Lode 013. This will inmasc 'TJJD - Mental Health Revenue by $65,334 and increase the TJJD - Mental Health budget in the same a nouns 3000 48046300 CR Mental Health 23 415.00 3000 318800 61110000 DR Conference and Seminar Fees 14 415.00 3000 318800 61801000 DR Travel 8,000.00 3000 318800 61530000 DR I Psychological Materials /Su lies 1,000.00 Brazos County Grant Fund. TJJD - Mental Health Recommendation by the Budget Office _ Set up TJJD - Mental Health Grant for FY 14 by incrcaain8 tLe revenue for TJJD - Mental Health be S2 i A S 4 and increasing the operationaS bard. >et by Sthe stame amount. Vol. �5 P9 5�9 01',020191 9.21 AM 17 1 2014 CM1en b2114 PmpwM 8067 50 51 52 BRAZOS COUNTY, TEXAS POSSIBLE AMENDMENTS TO THE PROPOSED 13 -14 BUDGET 9/10/2013 FUND DIV ACCT DR/CR ACCOUNT NAME INCREASE DECREASE 3000 11001500 48046500 CR TJJD State Aid 49 022.00 3000 312100 51610000 DR Hourly Staff 32 761.00 85,915.00 3000 312100 53100000 DR Social Security 2 506.00 TJJD- State Aid Recommendation by the Bud et Office 3000 312100 53101000 DR Flex Benefit Admin Fee 66.00 66.00 3000 312100 53200000 DR Retirement 4,587.00 12 028.00 3000 312100 53300000 DR Employee Health Insurance 8194000 8,940.00 3000 312100 53320000 DR Employee Dental Insurance 120.00 120.00 30001 312100 1 53800000 DE I Worker's Comp 42.00 1 Brazos County Grant Fund: TJJD - State Aid Recommendation by the Budget Office Create Prevention Specialist, Class Code 1869 Position 1, Group 14 Step 5, Pay Code 014. This will increase TJJD • State Aid Revenue by $49,022 and increase the TJJD - State Aid budget in the same amount. This position was approved on August 27, 2013 during Commissioner's Court, Agenda luj* # 11. 3000 11001500 48046500 CR TJJD State Aid 978.00 3000 312100 61130000 DR Contingency 978.00 85,915.00 0100 19000100 53100000 CR Social Security TJJD- State Aid Recommendation by the Bud et Office To add $978 in additional funding to TJJD State Aid Gant in contingency and increase revenue from TJJD State Aid. An additional $978 was granted, this entry will recognize the additional grant funding. 0100 11001500 61130000 DR lGenerall Fund Contingency 113,963.00 0100 19000100 51300000 CR Salary Staff 85,915.00 0100 19000100 53100000 CR Social Security 6,573.00 0100 19000100 53101000 CR Flex Benefit Admin Fee 66.00 0100 19000100 53200000 CR Retirement 12 028.00 0100 19000100 53300000 CR Employee Health Insurance 8,940.00 0100 19000100 53320000 CR Employee Dental Insurance 120.00 01001 19000100 53800000 CR Worker's Comp323.00 1 1 District Attorney and General Fund I I Recommendation by the Budget Office Delete Administrative Attorney, Class Code 0407 Position 1, Group NA Step NA Pay Code 013, Biweekly Rate n'$3 S9Ytj1 i. Ihi, will decrease the District Attorney's budget b $1 1 3,965 and increase the General Fund the same amount. 3 Z,11. Y zi This position will move to 19010000 - CPS. Vol. _ R" �✓'� 011=010/ 9.21 AM 14 - -- 2w4 Change, to 2014 PMp d6DGT 53 54 55 6f BRAZOS COUNTY, TEXAS POSSIBLE AMENDMENTS TO THE PROPOSED 13 -14 BUDGET 9/10/2013 FUND DIV ACCT DRICR ACCOUNTNAME INCREASE DECREASE 0100 11,001500 1 61130000 DR Gettera3 Fund Ccoiti eno I t3 5.00 0100 19010000 51300000 CR Salary Staff 85,915.00 7,000.00 0100 19010000 53100000 CR Social Security 6,573.00 1,080.00 0100 19010000 53101000 CR Flex Benefit Admin Fee 66.00 10 170.00 0100 19010000 53200000 CR Retirement 12 028.00 10,170 "00 0100 19010000 53300000 CR Employee Health Insurance 8,940.00 0100 19010000 53320000 CR Employee Dental Insurance 120.00 0100 19010000 53800000 CR Worker's Comp 323.00 1 General Fund and DA Child Protective Services Recommendation by the Budget Office Create Administrative Attorney, Class Code 0408 Position 1. Group NA Step NA Pay Code 013, Biweekly Rate of 647iW `.'K This will decrease the General Fund buy b r $113,965 and increase the DA Child Protective Services blthe same amount. S Ili OI0X1 -1101}1500 611300 ,; DR General Fund Contin 0100 28002000 51630000 CR Hourly Part Time 19,450.00 7,000.00 0100 28002000 53100000 CR Social Security 1,488.00 1,080.00 0100 28002000 53200000 CR Retirement 2,723.00 10 170.00 0100 28002000 53800000 CR Worker's Comp 359.00 10,170 "00 0.100 11001500 61130000 DR General Fund Contin ens 10 „170.00 General Fund and Jail Division Recommendation by the Budget Office Create Correctional Health Professional, Class Code 1530 Position I, Group 19 Step 2, Pay Code 016, Hours 1044. This will decrease General Fund by $24,020 and inerease the Jail Division's budget b the same amount. 2200 51000100 67286000 CR Equipment - Other 2,090.00 2200 51000100 67287000 CR Equipment - Radios 540.00 7,000.00 2200 51000100 60080000 CR Clothing/Uniforms 1,080.00 2200 Recommendation by the Budget Office 49028000 DR Transfer from General Fund 10 170.00 0100 91200000 CR Transfer to Courthouse Security 10,170 "00 0.100 11001500 61130000 DR General Fund Contin ens 10 „170.00 Courthouse Securiq and General Fundl 1 Recommendation by the Budget Office Decrease the Courthouse Security budget by $10,170. This will decrease the Equipment - Other by 52.090, decrease Equipment - Radios by $7,000, decrease Clothin8/Uniforins by $1,080, decrease the transfer front General Fund by $10,170, decrease the transfer to Courthouse Security by $10,170 and ineri.ase the General Funil b $10,170. Two ki 0100J 11001500 6113000DI CR General Fund Contin encv 540A0 0100 28000100 600800001 DR Clothin niforms 540.00 General Fund and Sheriff Administration Recommendation by the Budget Office Increase funds by $540 to purchase uniforms for the new deputy that was proposed in the FY 2014 budget. This will decrease the General Fund Contingency by $540 and increase clothin, r uniforms by the same amount, SIIWM131 921M 15 2014 Chan9m ro 2014 PWoa4E aOnT 57 58 59 BRAZOS COUNTY, TEXAS POSSIBLE AMENDMENTS TO THE PROPOSED 13 - 14 BUDGET 9/10/2013 FUND DIV ACCT DR/CR ACCOUNT NAME INCREASE DECREASE 0100 1 11001300 61,13fl000 CR General Fund 'Contingency 3;500.00' 0100 DR 91 110000 DR Transfer to General Capital improvement Fund 3,500.00 49028000 4500 Transfer from General Fund 49028000 CR Transfer from General Fund 3,500.00 DR 4500 63000500 67287000 DR Equipment - Radios 3,500.00 General Fund and Sheriff Administration Recommendation by the Budget Office Increase funds by $930 to purchase a Taser and c for the new deputy that was approved in the FY 14 proposed budget. This will decrease the General Fund Contingeecy by $/IJ SA Fease transfer to general capital improvement fund by $930. increase transfer from General Fund by $930 and increase equipment - other by 5930. General Fund and Sheriff Administration Recommendation by the Budget Office Increase funds by S3,S00 to purchase a portable radio for the new deputy that was approved in the FY 2014 proposed budget. This tviil decrease the General Fund Contingency by $3,500, increase transfer to general capital improvement fund by $3.500. increase transfer from the general fund by $3,500 and increase equipment- radios by 53.500. 0100 110t11S00 I 6ki300t30 CR Funcl Contingency 345A0 0100 DR 91110000 DR Transfer to General Capital Im rovement Fund 545.00 49028000 4500 Transfer from General Fund 49028000 CR Transfer from General Fund 545.00 DR 4500 63000500 67286000 DR Equipment - Other 545.00 General Fund and Sheriff Administration Recommendation by the Budget Office Increase funds by $930 to purchase a Taser and c for the new deputy that was approved in the FY 14 proposed budget. This will decrease the General Fund Contingeecy by $/IJ SA Fease transfer to general capital improvement fund by $930. increase transfer from General Fund by $930 and increase equipment - other by 5930. General Fund and Sheriff Administration Recommendation by the Budget Office Increase funds by S545 to purchase Body Armor Vest for the now deputy that was approved in the FY 14 proposed budget This will decrease the General Fund Contingency by $545, increase transfer m general capital improvement fund by $545, increase transfer to General Ca flat !m myement Fund by $545 and increase c ai menl -other by 5545. 77777 X, 0100 1; : 3 M3 CR General Fund ContingencyX30.00 0100 9111 D000 DR Transfer to General Capital Improvement Fund 930.00 4500 49028000 CR Transfer from General Fund 930.00 4500 63000500 67286000 DR Equipment-Other 930.00 General Fund and Sheriff Administration Recommendation by the Budget Office Increase funds by $930 to purchase a Taser and c for the new deputy that was approved in the FY 14 proposed budget. This will decrease the General Fund Contingeecy by $/IJ SA Fease transfer to general capital improvement fund by $930. increase transfer from General Fund by $930 and increase equipment - other by 5930. ': 59 :. pp . .�„ � �" .� � Total Increases in the Use of General Fund Reserve Fund Balance: 105,760 Total Decrease in the Use of to General Fund Reserve Fund Balance: 20,000 Net Increase in the Use of General Fund Reserve Fund Balance: 85,760.00 Total Brazos County Budget for FY 2014 is: qqq $ 130,029,136.00 921 AM &1020191 � 2014 Changes 2014 Pmpo BOGT - - - -t6 � -- _.... l0 BRAZOS COUNTY RESOLUTION LEVING A TAX RATE FOR THE COUNTY OF BRAZOS FOR THE TAX YEAR 2013 WHEREAS, the Commissioners Court is responsible for the levy for adoption of a tax rate for Brazos County. NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County, Texas does hereby levy or adopt the tax rate on $100 of valuation for the County of Brazos for the tax year 2013 as follows: Motion 2 $0.4168 -_for the purpose of maintenance and operations I Unanimously Approved Motion 3 0$ 0707 for the payment of principal and interest on county debt I Unanimously Approved Motion 1 $Q.4 Total Tax Rat# I Approved, all voted Aye with the exception of Commissioner Cauley y' • ► t THIS TAX RATE WILL RAISE MORE TAXES FOR MAIN'T'ENANCE AND OPERATIONS THAN LAST YEAR'S RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 3.15% AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $9.70. BE IT FURTHER RESOLVED that the tax assessor - collector is hereby authorized to assess and collect the taxes of Brazos County in Accordance with the above set rate. ADOPTED this the Duane Peters, � 4 - Lloyd Wasserman, Commissioner Precinct 1 Kenny Mallard, Com loner Preciu 3 u Attested: L Karen cQueen, County Clerk 23 13. Precinct 2 BRAZOS COUNTY, TEXAS PERSONNEL POLICY AND PROCEDURES MERIT PAY Periodically during the budget cycle Commissioners' Court may provide to all operating divisions, funds to be used by the elected official and /or department head for the sole purpose of employee merit pay. The merit pay pool for each department provides the elected official and /or department head the opportunity to reward those employees within their department for outstanding performance. The following policy guidelines are to be followed by all elected officials and /or department heads with Implementing the use of merit pay increases: 1. All merit pay authorizations must be requested on a personnel action form to be presented to Commissioner's Court. Merit will not be in effect until Commissioner's Court approves the personnel action form; 2. All merit pay requests must be made using the current group and step chart approved by Commissioner's Court (e.g. all request must be based on the step increases provided for the group in which the employee is currently ciassified); 3. All merit pay increased must be requested by the designated date set by Commissioners Court; 4. The merit increase given to an employee Identifies with the employee as long as the employee is employed in the oso ition for which the merit pay was awarded; 5. Should an employee change employment within the county or to a different position, any previous awarded merit pay will not transfer between position or departments (e.g. change meaning a promotion within the department or a move to a different department); 6. All forfeited merit pay (not awarded by an elected official or department head) will automatically be returned to the department's merit pay pool to be reallocated by the elected official and or department head (reminder: no request may be made after the designated date set by Commissioner's Court); 7. At no time during the year may the elected official and /or department head request, nor may Commissioners' Court approve merit pay allowances, which in the aggregate, would provide funding in excess of the amount approved by the Commissioners' Court for merit pay for the department during the budget cycle for the fiscal vear: E01 __.8� P9� S. At no time during the year may the elected official and /or department head under the direction of Commissioner's Court use funds available in the merit pool for the department to increase the elected official or department head's salary. However, Commissioner's Court may use a portion of the merit funds to increase the department head's salary for those department heads under their direction. (Reminder: the request must be in by the date designated by Commissioner's Court for merit requests to be turned in for approval); 9. An employee who is eligible to receive merit shall have been employed in the department and in the same position for at least six months. 30. Merit may not be used to increase an employees salary over the salary cap for their position. Currently the salary cap is a step 15. For purposed of this policy, position budget is defined as the annual salary (to include group, base step, and merit awarded during previous fiscal years) as established by the Commissioner's Court at the adopting of the budget (equivalent to "Position Control" schedule developed and distributed by the County budget officer). Award of merit pay during the current year is considered an amendment to the position budget and effectively becomes part of the position budget upon award. A position budget may periodically be amended by Commissioner's Court by moving moneys from one position budget to another or by increasing or decreasing a position budget through a line item transfer. No part of this policy is to be construed as reducing the Commissioner's Courts authority to set the number of positions and the compensation of those position as set out by §152 of the Local Government Code. Additionally, no part of the policy is to be construed as reducing an elected official's authority to hire whomever he /she desires within the position budget constraints set by Commissioner's Court. This policy is effective beginning October 2013 and will supersede previous policies before October _, 2013. PP v D q (0 13 uarte Peters Date County Judge TCYTP ',m. N tpa$m ael1 NmN mPW agYNl. NaO� NmW h�Cl aI�N f`jM1N N @m SWVaaO �^mm �N n��i2 My�_MP $tea a�ai " -a.. m F:MAi3..Mai,�g.,a 01 MA 3 p V Nr Pi a ^NN�:'NN� NN� ^NNs ^Naps ^Nt'f s. �mr nN AaSS l�a� t/imtl NMI MMhi^ N�.' sa2NO mw$l%I � <a mms saWy spa appyWm y�y�' Naa ga' p amp -le bw1w C m ry�APpp :fV m .. la{mpWa�p m 9 ^NNaD �NNr ^1�1 �O m Nm tipp N �' Nttl� �N�ry pp ^mR�' imp mmp NNfI . ^rymCl NNn NNi Na+li gaa N ^a MME ^M�'i� �M�. mm m�� f1� :p �yf�fa$ NV�mT y �p O1 RlO apY��pN�ppp gryp O]0Y w40 p m��m^lmqmq. (V pqp (OVpO Y W�lh ry �C QNm pm� ��pp MNm mm yy OWN ryry �D CI ppy Nma ryrymm�p hh M. W ^NCEN ^a']m� -W fMIM7� Nry�ry�R'.. ^AY1'. fN `Nlr`Ir ^ryNN ^NR� Vry� CJNm 'NNE.. a•NN ^ ^NaV slNMs ^Nals: ^�� $�N "`& ^�S{�a.W NS'=:. r, r'Ra vm. °aA 93 m ^pp ^a$ a=n. $�$ �� s2 95 2. a4st i.UR 3X�$Ny�. ^NfMi s CI aMV Sf- ^NqN� NryN ^ ^tlN1 ^NtV �. ^mN 1�AS imp., MpN' NNN NMN NN+a' 1pN Cmm)s NMs ^ti�]pA�N' !i^V �OF$ ^gCi VtriS ^$$ pp�� VfN CNi :6 �: mN �O, vi y� tO p�NlY b.ry. OaMV mNNn f,�N imp ^a 'DNa <3� �00 Wm mm�.f mS mCpp5ff.mm 1y0 Om,m� N� mO�p aE n dQppp NN 1'I6 ((}(�yyyylqq amp m: h.00�ryOrym p tNO OY�a�y Y h',bO�my N�qy� �G3 tC m. N. y^}mq Wa'iN M M1 m.mmNp ^t+}yNy���P� :.� N$$p�pyP,� NY{tOpnNe�p .m;(j YI� gym, t�V.. (it- ^�F3 NagdN mX�4Y_mp fmGG lrm• '. NN� NNSmm:^ Namm : ry�ryy�M� NNE IMyV mNm�N (`lN^ ^Nm Nm� !(�VVyy� ^�p aV �m ^N��Nm �Vp. �W(�.. ayvNs mmO NMsry a�vNi rm O:F ���O iMY pN�r OY1,�y WP ^FYI mNa qma tliMY'�mp�°, N aNy mmY ^[O Na{ rip q �gjVm P h Op'OTMasl7 m "'YI b:Pti �j $G p_ yQppryry NN GOaOyN �{{ppyy OJN°mm Vay Cf �.D :'m aq- N:10 ;,.,q((N�G O^lryryp t'+i sma�f f'a rtt�11P 'tTl. !Q .O� :lQ�Np N NNppN �OPp CI N m e�l�yi lWaVt ' �^ hN°^ W N^m°� ^mmnNa Ntmy NyaY ° �Oy {rya ^mm ehel1 MmN^ ^NN �YY�� 'N{y SayY �m ^Nmm NIp+�$$ .ltaryI NVN TtbpQN imp ry : M bbp m as:amm V �T a Y mmg 1 m VO..mg�fN+ : _NN ry �j�mmyp mq p.NO NN oNrpN N�M M�Nh r � lfMIN q�q ^aN ^NNE ^NNE fN�s ~NNa -. CI aY+I� �' tVNr RNA �a77,ryry rr�� `Rn 52: �1�m$ gg gg m 6�$'.m a o ogg lNr N9ffip .�•-,- ^N W m.+W1 m: POND Nm ^NN� nNm� ^Nm "lNfMir aryY NN ^L ^: NNE: M�0. YaS$aMy pm �Pa {`i$ FV$' r��N;�gigg ♦Pm mSm meiQNS $�v, p.::N • -$3'�^ �apNr: NyNH r'e'v?$^ ry234 : �'$S$;mu'S 3e�09 yw ges�ry0 uiA Oym,OCi o2ia �noa7i Nom{ltf C:. N��Ydf° Yf Ou] � aNtOW cm��in mNNy Wm':.Nfl� W OOb11�FPm'. °:.OM 'mrv. -,�, aM1 �pM (pM1 NjN.O�m MNmF $ ".QN�m ^'. n mOtN,vm QN °a NNO M.<mm N..m��a;m N.N'pq "'O ttpp O�a� �a -.'NS �i Yf N.. a;E�N ryN$ CN)Yl<m O.O$ OO.m9 <�- FTNaQj m�.> m�bp.m� � marV� ':OQW Q� Why:mm0(ryJm tPs�Fp '.Os CS �Q �p pW ®�fr','a ":C(y aRy O0CI� Mb� ��N ��Oe vQiON ^p oNmMN wYS V)p fa�i �0$�' N rymcayy mW$ ��OO:W�i OWGp pNp m$�[Q�Q((a i1I� h0b<G'.ryrymyY?�O G ry0^ m�NFaF.. O �61`.a mmO nogN bNH S L^ 3 FOnI b ^ti CYi hOm mom, O,nY mrm at'i:mmN�m m ^m' "m':m �mm Iy am rm� mW^W O m N ''W rnW °'aY'^ mk1P O�;P gry �' RtV° ryYf NN° ^IV Ff° ^ �r Y �Na �N�. �A•- 6ry(� �Na N�. �Wa.. 415 �i�d �NS �N� 9d� t2ZV=ZZ �Wa Ot t� WU aaaNNNZVVZz NNN mZZ3zz F =ZZ Z W=ZZ;o `zZ0 'e ..z?ZzZ: ^ZZZ�xx ZZ,. QG.6 4f4 1 3 46: ZZzZZZ 64 4d GG ZZ=Zz << ".. �K < Q KT�44, 5�K K n M Y N � � n nghqspWp m p (¢OrV p pp p 99v NT� nnj{�M1`{(�'�? �p VI 0ry�4pf mrp p Oyno y pY tyO V �} �Y ^$O y p K1D a �C mSm ry gNRn Mo3�m.OPb ryN� m Op ® m !M VVm11�t>tVVl'�ogryry ay Ni%:�101�pp�p�pi �p Qtyd.+hf y^��+O IY+1 "�1�aW mPYryryS ♦N �ryRry � V.: %Mlp) NPStP` IROC�:P 4NN' �WYI N ry N'iN: Iff l(iN NNN vtO�q�DT VI : Yf N" Y1�N m®m pm�::�Q..Sep/i ON mlb l7: m��'� N'���y q6m iD� y Lg i nnf '$% 'S�`�!' .i &' CSR inAi .`.1 �°v Yom' N7i `R �5R Y,GR IR�n' R�� �w.e'. $76'.4.-. o'�� •a Wry an m ahxg NRffi3 �6 s N ��g Po aNP �m� �xa ��� ym ppN N. N a� m gtis sag d �_a b'`o;RV ugh m. ^t4N S.Ryi[.VV��'�, fRN 00 V V'hi drNpr Np 9 Y1H N�(mmV Nppn[V �Mppf+Ji u4i NV hTYl wRS+ry N�mO fNNV Dp6 Py! ": IQD O �p40( maApK. VhaQQJ '..ON�iGp 1VG "b wOmp.NlOhpa NrO {Ryy yp�ypO f`1 +Cppt m mm a�NDN�yi YS !N0i0 ": 'OTT IaOa+b' ♦1+: CaN♦♦Y.. NiR'�92P NZAOV Q4�0 9�N� �- A�X��'q�1�(p -:NmAw q�qYammi �VNN CN:R��mi m �j�mbry ynN(� (P Ry�M1^� RmMm��ipnp���h pV pm,� ®�®cNcyy y�.D qSR dYN N$dN N9N" qdN'" �+Nd VtM+1 il NNN N1(lN 'ANRr ���pp� NNN Uf Y'1N NiDM1 "HN mtw b$ag .S �orvA+ainl a RgE sg� gnd5 D�^2 IDSW flim N$'S Nn�i :$ l8 ft �mm 3f,m $3g q W mad � ffiti $:b24Sh ^,� 8�S 4 myDa Wqqm DQa;Rs bNpry�i�N ^Na ��ti rvq xryya�$pp. D dp dyR: RaP PY[NV $f Nm: \fN V7qq lMV ObNV 4pp fPpp`I dp Vl idol NNhOO Np Yle Yf Npp". r0 $ary DDa a7TO� 010 ^D�� Dah : M1O NDO 0fW bhp� D$9. m0% OmJP WY �s YD1 m i�jp]��MN ♦YWfa ha��'.D3i�Wai 0a�p0'.Wq g.d$ gN 0 w�W�.a:$�i'$ Ni�I X-^ Op RM$d5 r� N`iD� ��9Y O Nb'$^ �'I MN �i �.�N7P, :.p%i n,��n y,S �: �+h rb'�N: r�pp P :4bt�F id`I fON-a yQj �aqi�� �itQi X00 fi $+A QQr.^V^ �Dt! QQ TS!m� 1Q NhN 9r,1 �'R�$ �$1 al..b Omf�q Om =pvp0 iqmq, Dymmc�nQiQ _�.�4.� p�� xOb bm O+ppO mnm rpT.p.�� .m9. ^XCIe r ^p `Z m ^ P. P�M rip 1�,G.,. Om�mifj.D)$lq�W ^M(�0' ^RA® ^Ciao y W�n tW'F10 WW�W$ ^lyOR R�O�: K$V Np p��OVoONGmNM� {y �yyY .N ^ryry $VNp, spry "tV ^i„ttVV fVNp n mp4�N ryM�b:�NON. n$f N N... Op NN ^ pmiNO T pN N m' CyYW�p? <YP RW Y'y Q^V} pdO nDtl4 ma AN' iDh^1L 0 0 g pN +O � MD y�MN nmA.06: ^�m N� 0a : ^lrysq�p ♦♦��pp��i�� T Ms ^14M0: �p� O� Ma+Di ^nWM® !Cf #p ^yD34 aVR.. ♦O�Ny $Pfpt ' VhV PqY tV Vi �aunSN NYM "NtPO pm mep *'� ����.�M�h'. IwnCl p aF. pA dry Yi; IM1.. ¢qh M1i ���b:n NPD." iP CC��. R$�, {Q� fy'�r�QQ.. NO1� a26 mMM D ry0 Oi $4h.. 'jf..O Qq OOi Qm yYR a.p py,Nmp y O,0Y5 yryy. Nci O ^rm thffQq' m!00 mN pahN. 0Y{Yl qr to TiL1� tlfT�� �Mry� ^SS�m`fi�° PO lF itS O��PV�ZY6fNDPTD6$R��� MMV�' ^�a°pp' �°rtda�ry°' '41RV RMCf.IVONb... :�iirvyy. $SF1'. ry Cf��O paOYa "jyytfNw. V4 tCi ": ^t`im�mtihC! yatiN Oh,Ny (pNArSig .. D COJ$t0 rTQR' DN NOQgr ;;jj ty$YM1 N W Oo$R m�a S? V4,N a�N D1 ^� ^p b ;f qlJ •- .Oepr6 ^q N'j NinW f$F1'f ANN mti.m WOI OMO (D ^M= jip� �. db m m WO 99N mYsNWa+ VqSsh `Me= $ W ^R mA; 00DW ^S OO yqyyp! $. lJ05Yi ry °ns R� M X53= a�tR +°j <R S$R f� a�j qM $xp� �T yyap ryp�� pppp�jjs a� D �C�C� �$a ,gm @$ Dasl,$-dw bassC� pay ^M9tr X *C AMT " MN�. (NJ Hill-mp 2 2J�� =�Z' Z22 2zz=zyzy CZ2 222 222 x2Z K�4 4 K: KKK2 C 111-1 ll m 11-1 1 1 11-1 1 1 li. 1 ? tp me�aryx ZxZ�� gqgqs8y Y _pAps�a�ff' ~n OR ^N ry m'�r�l�„ m ry R" NPPim axe q m =mxx 3�„ m nel P rla 0.C1ry hip �}i Smi --Ills ��� a° m� N�� xis �za nxt xasR� Q xsz x<s�� o xzs s.x axx �. a 9 x s ss 9a 9 a R a s 1 a ^x$ina . ly�^mmlRil a� �x m. rvum{"um.n. p3 ls �s^ma`mg x m a'�x Raom. 8 'nR�ma$xqQ$: $ j 3 aPp'8sR MN S �8xRgVV$ -Mi �osyyNx 2314 o$i` ° y iO n3 x,R m ar o "dsi�Rn . A : m" : '�emry m8. �8 s i ; o � as Mm. . mM �0�yy++ Q: r ms mom V NOm Ob �ax NN gNgN �xS NOD ngO�+1 xNqy pp PlIRNm. ms m91= ry�� gx rO�y. ��a amp pax mms am: xx: ms: xa; �xs 'a�. xo: -xae sx� axx ma's a �$� n%� maa� 3F3 8NA 3 g� uicm -8 tom a��E °yak's0 ma� �iT �xs is ���a AS m� gg ^m. xY�: �gpxp apx oR �amx apmp:�x: <ssp xa. Pxs n2 .Jbp1M}mJ�,Fn yywa In �Na amm �Y mmm Yes t0O ;n;ff Nm yh��� sgyO� 07iM1m �fnp�j'l Rlp� ♦NO� aroma mry� nN�pN�ppp,�N n- maim Qxm�: 1$$0++0x = �. lomp`lO� gpnom. m Nam e1 0� A sF a'ry•�a IAA net n.NS mrOi mm am� Nm ENA� W mmS mrm. °mm� °N�N6 CJn+C YIO x�\ SrV Px+ Smlmp axe SPmm� +x�♦ �R� M1ma2 x °x NCR a�.� aa��mx maim xxa ^2� m�a ��� $ "s.�� a924 see xFS a�m SSR� Saam xis iStI= r'a� m�$ ".amv. x.i. mm$ � sxs q ���o °^ a�; �y<���mmm, n8R8x !��asm_ CIY n1m0EFl (ryxryJm,R nr�_bpx mgam�a amam� ��!x!�� ma:a �ONpm _afxf���xC �N17{gmq �m�A y °y��sa Qh��pp $��m EbOM1i� q�qs� se+a �aNQ N RryRry �O y��I (P !1 R��I��p� mVn -m 16m1�1 ry�ry ��Mp WM1Rn101n+a ��m�y� °M1 Ian �ryOryO��aCC rlm+/1 ��Y1�Iam.�hYIE M1I�n Im-M1� a0el nmM m�f mm♦ mme P.. �a94 'sm: a��,3m ryaxmz.,RRMS.g�m$MB,pM8� 25'.d 099. N xsg Np m[� Nmmx;j�I� ��y ^�.nO1�pH� Oh^g q mx SPM1. N1� 88!Q tn'1V E O{��[ Om^m WC^.'�( ONx f�OaY� m �p l+��p� ppN N a�°M1 1^.P �l9 fPy�l �a:.xR r N ^m S�: ry .Dnid �1hY tT; h.NO m mnid � smx rya Rea ffi$w3 nmx a�� n$x ama Exam Aaas''�� sas x�a �B� aPa ax rx =� �xx na�x ;x xIR x�x 7 S1 St 9 '�, ANt St J `J mji mJIJ_ P_3�3 ^ZZZ ^J<_J L 2J Z JZ2 Td< ZJZ <,TdQ <i if �� Z2Z2LL <�6 22Z22 Q�< SZZ 2Z ZZ 222 ZZZZZZ ZZ2 N 4 O (a Y K O Yr <N<� WW rI {q NNOa 1 Q U LL 2 K q w V q N � v N n O Y r � 4 vul, pg. L� to IV 'V 7:' LLOYD WASSERMANN Precinct 1 (979) 361 -4106 hqasssrrnann@co.brazos.tx.us BRAZOS COUNTY COMMISSIONERS COURT SAMMY CATALENA E. DUANE PETERS Precinct 2 County Judge (979) 361 -4115 (979) 361 -4102 scatalena@co.brazos.tx.us dpeters@co.brazos.tx.us September 10, 2013 AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES AND SUBMITTAL OF EXHIBIT "A" FOR RAILROAD APPROVAL Crossing: Public: State: Texas City : Bryan M.P.: 106.23 Subdivision: Bryan DOT: 745073U Brazos County Andrew D. Hudanish Manager, Industry & Public Projects Union Pacific Railroad Company 24125 Old Aldine Westfield Rd. Spring, TX 77373 Dear Mr. Hudanish: G. KENNY MALLARD Precinct 3 (979) 3614105 krna11ard@co.brazos.tx.us IRMA CAULEY Precinct 4 (979) 361 -4111 icau1ey@co.brazos.tx.us Plans are being prepared to Realignment and reconstruction of Mikulin Rd crossing at the location referenced above. The proposed work includes Brazos County or its contractor constructing new roadway on a new alignment to provide better traffic flow over the railroad crossing. UPRR to install new crossing warning devices and new crossing surface for the Bryan sub main track and new crossing surface for the BTU Benchley spur. In connection with the project, the Agency considers it necessary for the successful advancement of the project for your company to collaborate in the development of the project by performing the following: • preliminary engineering and other related services • development of cost estimates • review of the project's preliminary layouts • submit current train and switching moves The Agency authorizes and agrees to reimburse the Railroad for its expenses and actual costs that are incurred for collaborating in the development of the project's preliminary engineering andiother preliminary activities. The Railroad has estimated that these preliminary engineering and other preliminary costs will be $ 25,000. Payment will be made within thirty (30) days from the Agency's receipt and approval of the Railroad's request for reimbursement. Railroad will refer to Agency's Project Number 561000 and forward Invoices to Irene Jett, Budget Officer, 200 S. Texas Ave., Ste. 331, Bryan, TX 77803. Additionally, attached for your company's review and approval is one (1) set of half -scale prints Brazos County Administratlon Bldg. • 200 S. Texas Ave. • Suite 310 . Bryan, Texas 77803 I� Fax: (979) 361 -4176 of the concept plans marked Exhibit A, which are the 50 % (furnished by Brazos County) complete plans and show the basic features of the proposed highway project at the location referenced above. Please review and provide comment on the basic features of the Exhibit A as soon as possible. Also enclosed is one (1) set of photos of the project area. The project may require the Railroad to incur costs for force account activities. Please prepare the railroad force account cost estimate for work activities to be provided by your company, as identified in Exhibit A and submit them as your earliest convenience so that they may be attached to the railroad generated Construction & Maintenance (C &M) agreement. Please use the number of current regular trains of 10 per day and zero switching movements per day, with a Maximum Speed of 40 MPH at this location as currently shown in our inventory records. This information will be used by the Agency's Contractor to obtain Railroad Protective Liability Insurance. This agreement is intended to address Preliminary Engineering. It is understood by both parties that railroad may withhold its approval for any reason directly or indirectly related to safety or its operations, property issues or effect to its facilities. If the Project is approved, Union Pacific will continue to work with the Agency to develop Final Plans, Specifications and prepare Material and Cost Estimates for Railroad Construction Work associated with the project. It is also understood that if the project is constructed, if at all, at no cost to the railroad. The Agency and the Railroad will enter into separate License, Right of Entry, Construction and Maintenance Agreements associated with the actual construction of the project if the project is accepted and approved by the railroad. The Agreements will be drafted by Union Pacific and forwarded to the Agency after the Exhibit A and cost estimates have been approved. Please contact Andrew D. Hudanish at telephone number 281 - 350 -7626 or via email at adhudanieup.com if you have any questions. Your assistance in this matter is appreciated. e ely, Duane Peters County Judge Brazos County UNION PACIFIC RAILROAD COMPANY Name and Title: Attachment(s) cc: Irene Jett, on behalf of BBCEDF Date: / �S� Pg. l ATTEST: Karen McQueen, Coun Jerk SAS 3 Pg. 02- X. l A a ,s .` yF SAS 3 Pg. 02- X. l n 2 tr.�f • s S I 3 I i t P s D OADWAY ALIGNMENT EXHIBIT LOUIS E AIIXULIN ROAD BRAZOS COUNTY, TEXAS ��_ _- �.j I� Award: September 3, 2013 Judge Duane Peters Brazos County 200 South Texas Ave., Suite 332 Bryan, TX 77803 Texas Department of Public Safety 2011 Grant Adjustment Notice for Brazos County I /Eacumbrantw No +3 6y: Youngs, Jamie 3. SAA Award Number: 11 -GA 48041 -03F �';� '�:. 5. Federal Grant Iritormatlon a Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program(SHSP) Federal Grant Award Number: EMW- 2011 -SS -00019 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Date Federal Grant Awarded to TxDPS: October 7, 2011 CFDA: 97.067 SHSP $25,370.77 Grant Period: From: Sep 1, 2011 To: Aug 31, 2013 (The SAA must ncsive all invoices by the end of,nnt period) 7. Statutory Authority for Grant: The Department of Defense and Full -year Continuing Appropriations Act 2011 (Public Law 112 -10), and Section 2003 of the Homeland Security Act of 2002, as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act, 6 U.S.C. 604. 18. Method of Payment: Primary method is reimbursement. I 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 appear in the Excluded Parties List System at http : / /www.epis.gov /epls /search.do la ,ABenCy Approvals Approving TxDPS Official, Signature of TxDPS Official: Machelle Pharr Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety 11 Sub'ReeipientA captance. I have read, understood and agree to this Sub- Itecipiant Agreement and the attached Terms and Conditions. Print name and tp1e of Authorized Sub - Recipient official: Sipia urof3tdr'RedPlao! Nliciel: Enter Employer dentincation Number (Lim) or D/U'NS�Numb^e/r':� + ^' , + o/a�rs slgnee Federal r —. rIdentification .e�ra/1 CL'%'i� l /'r7 fivCll { n l R" I DUE DATE• October 19 2013 Signed award and Direct Deposit Form must be returned to TxDPS on or before the due date. Pg`,Z 2011 TERMS AND CONDITIONS The Sub- mciplem must. Filf In the infor naton and sign the Sub- Reclplent Award, Certify they have read and understand the Terms and Conditions by inldamg the bottom of each page. 3. Fill in the information located on Page 4. 4. Certify to the statements provided in Exhibits A, 8, C and D located at the beck of this document by rasing in contact information and signing all exhibits. S Return all documents to the DPS?HSSAA on or beforo the date provided In the hansmstai letter and/or in the agreement. This Sub- reciplent Agreement (includes the Sub-rem lent Award and the Terms and Conditions) is made and entered into by and between the Department of Public Safety / Texas Homeland Security State Administrative Agency, an agent( of the State of Texas, hereinafter referred ttpo as "DPS/THSSAA," and the runds recipient, hereinafter referred to as the "Sub- recipient. Furthermore, DPS/THSSAA and the returns clhe jent signed copy of tlhye hereinafter referred to as the 2011 Sub-recipient g Agreement armor before the datelp provided in the transmittal letter and/or e n theecipient an offer until Sub - recipient Agreement Award. Sub - recipient may not assign or transfer any interest in this Sub - recipient Agreement without the express, prior written consent of the DPSrrHSSAA. Overview andY_2L&UMWM9-SiWdfiat1 All allocations and use off unds under this grant must be in accordance with the FY 2011 Grant Program Guidance for the Federal Grant Title specified on the Sub- reoipient Agreement Award. All award Sub - recipients are required to have read, understood and accepted the FY 2011 Grant Program Guidance as binding. , nd of Perfon an nce. The Sub - recipient shall perform all activities and projects entered into the DPSfTHSSAA web -based grants management system which were approved by the THSSAA. The Sub - recipient shall perform all activities in accordance with all terns, provisions and requirements set forth in this Sub - recipient agreement, Terms and Conditions and the following Exhibits located at the end of this document 1. Assurance - Non - Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurance - Construction Programs, hereinafter referred to as "Exhibit B" 3. Certification, hereinafter referred to as "Exhibit C" 4. Assurance - From UGMS §_,14 hereinafter referred to as "Exhibit D" Failure to Perform. in the event the Sub - recipient fails to implement the project(s) ordered into the DPSrTHSSAA web -based grants management system, or comply with any of this Sub - recippient agreement's provisions, in addition to the remedies specified in this Sub - recipient agreement, the Sub- recipient is liable to DPS/THSSAA for an amount not to exceed the award amount of this Sub - recipient agreement and may be barred from applying for or receivinngg additional DHS /FEMA grant program funds or any other federal program funds administered by DPSITHSSAA until repayment to DPS/THSSAA is made and any other compliance or audit finding is satisfact only resolved. Failure to timely implement projects may reduce future funding in additional DHS /FEMA grant programs administered by the DPS/rHSSAA. r]pS/THSSAA Obligations nn°je, ire of Liability DPSrrHSSAA shall not be liable to the Sub - recipient for any costs incurred by the Sub - recipient that are not allowable costs. ^uo roc' -- - " - " "' The term "Sub- recipient agreement funds" as used in this Sub - recipient agreement means funds provided by DPS/THSSAA under me DHS /FEMA grant programs. The term "Sub- recipient's funds" or match funds as used in this Sub - recipient agreement means funds provided by the Sub - recipient Notwithstanding any other provision of this Sub - recipient agreement, the total of all payments and other obligations incurred by DPSrTHSSAA under this Sub - recipient agreement shall not exceed the Total Award Amount listed on the Sub - recipient Award. Sub- recipient shall contribute the match funds listed on the Sub - recipient Award. p�ym�. The Sub - recipient shall refund to DPSrrHSSAA any sum of Sub - recipient agreement funds that has been paid to the Sub-recite plant by DPS/THSSAA or that DPSrrHSSAA determines has resulted in overpayment to the Sub - recipient or that DPSrrHSSAA determines has not been spent by the Sub - recipient in accordance with this Sub - recipient agreement No refund payment(s) may be made from local, state or federal grant tunds unless repayyment with grant funds is specificallyy permitted b r regulation. TThe Sub - recipient shall make such refund to DPS/THSSAA within thirty (30) days after 0, PSIrHSSAA r ues s h refund. "- i rntial Date Vol. /_ V V pg. Paae 2 or 19 sopension In the event the Sub - recipient fails to comply with any of this Sub - recipient Agreement's terms, DPSRHSSAA may, upon written notification to the Sub- recipient, suspend this Sub - recipient agreement in whole or to part, withhold payments to the Sub - recipient and prohibit the Sub - recipient from incurring additional obligations of Sub - recipient agreement funds. Termination iinata. DPS/THSSAA shall have the ri gght to terminate this Sub recipient agreement, in whole or in part, at any time be ore the en o the Perrfformance Period, whenever DP- VAA determines that the Sub - recipient has failed to comply with any of this Sub - recipient Agreement's terms. DPSRHSSAA shall nobly the Sub - recipient in writing prior to the thirtieth (30th) day preceding the termination of such determination and include: the reasons for such termination; 2. the effective date of such termination; and 3. in the case of partial termination, the portion of the Sub - recipient agreement to be terminated. Appeal may be made to the Deputy Director of Homeland Security, Department of Public Safety. Enforcement In taking an enforcement action, the awarding agency will provide the sub - recipient an opportunity for such hearing, appeal, or other administrative proceeding to which the sub - recipient is entitled under any statute or regulation applicable to the action involved. Conflict of Interest No employee, officer or agent of the sub - recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Monitoring Sub - recipients will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirement, timelines, milestone completion, budget, and other related program criteria are being met DPSRHSSAA or its authorized representative reserves the fight to perform periodic desk/office -based and/or on -site monitoring of the Sub - recipient's compliance with this Sub - recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub - recipient's performance pursuant to this Sub-rarupient agreement After each monitoring visit, DPSlTHSSAA shall provide the Sub - recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub - recipient's performance under this Sub -recipFlent agreement's terms, the monitoring report shall include requirements for the timely correction of such deficiencies by agreement's suspensioun or te the rmi at on pursuant to the Suspension action ns on and /orhTerm nation monitoring Sereport omay be cause for this Sub-recipient Audit yit of Federal and State Funds. The Sub - recipient shall arrange for the performance of an annual financial and compliance audit of Sult- recipient agreement nds received and performances rendered under this Sub- recipient agreement as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26. The Sub - recipient will also comply, as applicable, with Texas Government Code, Chapter 763, 1 TAC 5.141.et. seq. and the Uniform rant Management Standards (UG S), State Uniform Administrative Requirements for Grants and Cooperative Agreements. 13jght to AudiL The Sub-recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPSRHSSAA, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient agreement. The Sub- recipient agrees to permit DPSRHSSAA or its authorized representative to audit the Sub - recipients records. The sub - recipient shall provide any documents, materials or information necessary to facilitate such audit. Sub-re ,gioient's LiahiliN far Disallowed Costs. The Sub - recipient understands and agrees that it shall be liable to DPSRHSSAA for any costs disallowed pursuant to financial ant compliance audit(s) of Sub - recipient agreement funds. The Sub - recipient further understands and agrees that reimbursement to DPS/THSSAA of such disallowed costs shall be paid by the Sub - recipient from funds that were not provided or otherwise made available to the Sub- recipient pursuant to this Sub - recipient agreement or any other federal contract Sub- recioient's Facilitation of Audit. The Sub - recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this ecton as DPSRHSSAA may require of the Sub - recipient. The Sub- recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub - recipient and the requirement to cooperate is included in any subcontract it awards. Other Requirements A. During the performance period of this grant, Sub - recipient govemment jurisdictions must 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 participatingg in an inter - jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies the Sub - recipient government jurisdiction's plan, Sub - recipient will correct deficiencies within 60 days of receiving notice of such de cis i rom TDEM. / - -- Initlal ,- Date / 8a/ pg, Page 3 or 10 B. Projects identified in the DPs rHSSAA web -based grant management system must identity and relate to the goals and objectives indicated by the applicable approved pro ect investments for the period of performance of the grant Sub - recipient will submit is project plans,, narrative and budget to DPS/THS AA and FEMA (if required) for approval prior to expending or requesting advances of any funds for this award. During the performance period of this grant, Sub - recipient agrees that it will participate in a legally - adopted county and/or regional mutual aid agreement xes Regional Response Network (TRRN) (or other C. During the prformance period, the Sub - recipient must be a registered user of the Te response asset inventory management system specified by DPS[THSSAA) and must identify all major, resources such as vehicles and trailers, equipment costing $5,000 or more, and specialized This registration is to ensure jurisdictions or organizations ors are pneparred (i.e. o make grant s material, decontamination, search and rescue, etc.): funded resources available to other jurisdictions through mutual aid. D. Sub-recipients must submit Fiscal Year 2010 Indirect Cost Allocation Plan signed by Cognizant Agency. "Cognizant agency" means the Federal CFR Part agency 25 on loft all Federal hOMB- publiss approving I siting of allocation Plan cost ouldrbe forwarded to developed 2 DPSrrHSSAA. E. Regional Planning CommissionslCouncil of Governments (COGs) will follow guidelines listed in the DPSrrHSSAA FY2011 COG Statement of Work. F. 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 purrpposes: (1) the copyright in any work developed under an award or sub - award; and (2) any rights of copyright to which a recipient or Subrecipient purchases ownership with Federal support The sub - recipient agrees to consult wlth DPSrrHSSAA regarding the allocation of any patent rights that arise from, or are purchased with . this funding. ,fl, using the Grant A. The Sub - recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the end of the performance period listed on the sub - recipient agreement. g completed and all funds have ebeen disbursed,rco completing Sub a review lto confirm performance e accuracy of the (reported informiat approved ^and reconciling been actual costs to award modifications and payments. If the close out review and reconciliation indicates that the Sub - recipient is owed additional funds, DPSrrHSSAA will send the final payment automatically to the Sub - reciplent. If the Sub- recipient did not use all the funds received, DPSITHSSAA will issue a Gant Adjustment Notice (GAN) to recover the unused funds. Sub - recipient will return the funds to the DPSrHSSAA within 30 days of receiving the GAN. , DPSlfHSSAA will de- obligate all uncommitted 1 unexpended funds. C. At the completion of the sub - recipient's performance period gestrictions Disclaimers and Notices A. In cases where local funding is established by a COG or UASI governing board, the release of funds by DPSrfHSSAA is contingent upon funding allocation approval by the governing board. nd 8, greement Notwithstanding contingent other upon agreement e receipt provisions, f adequate the funds t parties DPSrrH SAA'sm liabilities hereunder, xcept as belquiladsbymHSGPs gant. DPSrrHSSAA shall not be liable to the Sub-recipient for toss under this Agreement which exceed the amount specified in the Sub- recipient Award. C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given it mailed by registered mail or certified mall, return receipt requested, or sent by overnight courier, such as Federal Express or Loan Star, to the other party at is respective address set forth below or to a Point of CoMac9 listed for the sub - recipient in the OPSITHSSAA Gans Management System. .. ._.,__._, _.n- ...•s.•Infnrma} inn I s Homeland Security State Admin. Agency > Department of Public Safety Box 4087 n, TX 78773 -0220 Contact Information below) U ur)JHA JLAdg -. Apo s. ?e.Yas Ave, ter compliance �h thelmost recent by ofiall applicable Laws and nd Reg ations.nA non-exclusive st is provided below.e award through A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grans and Cooperative Agreements to State and Local Governments; 2, 2 C.F.R. Part 215, Uniform Administrative Requirements for Grans and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (OMB Circular A -110). 3. 44 CFR Part 10, Environmental Considerations.._.. In'tial J. Date - , Pye•OF 1B 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 Education Institutions (OMB Circular A -21) 3, 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A -122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Orgarizations C. Audit Requirements —OMB Circular A433, Audits of States, Local Governments and Non -Profit organizations. D. Grant Guidance The sub - recipient agrees that all allocations and use of funds under this grant will be in accordance with the applicable FY201 a Grant Program Guidance and application kit and supplemental resources, ; or e.g., at Homeland Security Grant Program Grant Program, at ,http:dwww. fema. govltxUgovernmeMlgrantf2Dil /yll hsgp_ http. /Iwww. fema. govltxUgovernment /granU2011/fy11 rcpgp kiLbd; for Emergency Operations Center Grant Program http:# www .fema.goVWgovemment /granU2011 11 eoc_kit.l c, .and Nonprofit Security Grant Program, http: /Avww. fema. govA KVgovemmentigrant /2011tfyl l —nsgp_ ' . Lobbying Prohibited Sub - Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly in support, of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of FEMA. Environmental Review The Sub - recipient, as soon as possible upon receiving their grant award, must provide information to DPS/rHSSAA to assist with the legally-required environmental planning and historic preservation (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 or review. These EHP requirements include but are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. The recipient must comply with all Federal, State, and local EHP requirements and obtain applicable permits and clearances. See FEMA Information Bulletin 329. h e Recipient shall not undertake and use of sonar equipment u security enhancements invoh Recipient must comply with a to an approved project descri are and may not an activity from the project that would result in ground disturbance, facility modfication, or purc as a prior approval of FEMA. These include but are not limited to communications towers. physical id disturbance, new construction, and modifications to buildings that are 50 years old or older. )n or treatment measures required for the project as the result of FEMA's EHP review. Any changes require re- evaluation or compliance with EHP requirements before the project can proceed. If g project imp lamentation, the recipient must ensure monitoring of ground disturbance and if any liscovered, the recipient will immediately cease construction in that area and notify FEMA and the on Office. initiation of these activities prior o completion of FEMA's EHP review will result in a e eligible for grant funding. Retention and Accessibility of Records Retention of Records. The Sub- recipient shall maintain fiscal records and supporting documentation for; ll expenditures of Sub - recipient agreement funds pursuant to the applicable OMB Circular, 44 CFR Section 13.42, UGMS� 42, and this Su recipient agreement The Sub - recipient shall retain these records and any suppportingppeedocumentation foryya tttm{giinimum oit7troe (3) years from the later of the completion years after any reallestate or submission of the final disposition. ixThe HS or DPS/THSSAAti may direct the sub -recip ant �to retain documents or t transfer certain records to DHS custody when DHS determines that the records possess long term retention value. �,. The 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 representative , access to ant d the n right to thiamine all books, accounts, records, reports, files, other papers, things or property belonging o or m use by Sub - recipient agreement including records concerning the past use of HS /FEMA funds. Such rights to access shall continue provide long as the citizens s easo able access oSub-recipient. uch cords consi stent with the TexasoPubl maintain such records in an accessibli nformation Act, Texas Government ode Chapter 552. Ir^ Qion in Subcontracts. The Sub-recipient shall include the substance of the Retention of Records and Access to Records sections in all subcontracts. The Sub - recipient shall complete: deliver to the appropriate source, and retain copies of all after - action and certificates o completion for all training and exercises paid or by this grant. (,goal Authority �)m,The Sub- recipient assures and guarantees that the Sub - recipient possesses the legal authority o enter into this Su recipient agreement, receive Sub- recipient agreement funds and to perform the services the Sub - recipient has obligated itself to perform pursuant to this Sub - recipient agreement. A thariz ntative. The person or parsons signing and executing this Sub - re cipient agreement on the Sutrrecipient's behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub - recipient to execute this Sub - recipient agreement on the Sub- recipient's behalf and to validly and legally bind the Sub - recipient to all contractual terms, perf an s and provisions. J Initial Date �� r ,,, 5 OF 19 inflicts In Reeuirementr, If conflict exists between federal, state, or local requirements, the sub - recipient shall comply with the strictest requirement Notice of r itinatien and Calms The Sub - recipient shall give DPSITHSSAA immediate notice in writing of any action, including any proceeding before an administrative agency, filed against the Sub -recipient arising out of the performance under this Sub - recipient agreement. Except as otherwise directed by DPS/THSSAA, the Sub - recipient shall furnish immediately to DPSfrHSSAA copies of all documentation or pleadings received by the Sub - recipient with respect to such action or claim. _Non-Waiver of Defaults ANY FAILURE OF DPSITHSSAA, AT ANY TIME, TO ENFORCE OR REQUIRE THE STRICT KEEPING AND PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL NOT AFFECT OR IMPAIR SAME OR THE RIGHT OF DPS/rHSSAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS DPSfrHSSAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS/T-ISSAA SHALL NOT PR DPSlTHSSAA TO A WAIVER OR ENFORCE IITTS RIGHTS, AS SUCH RRIGHTS. POWERS, PRIVILEGES, ND REMEDIES OR REMEDY ARE SPECIFICALLY TO PRESERVED. Indemnity IN ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB - RECIPIENT V rt nry r crwr6W r cc OF ITS SUBCONTRACTORIS), THE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY BY F ITSES AMOUNT OR TYPE UBCONTRACTOR(S) UN ER WO WORKERS DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS RACTS. OR OTHER SUB - RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL FOR THE STATE LIABILITY TEXAS AS REQUESTED BY RE PART OF ANY THE NOEMNI A E IN ANY SETTLEMENT, SUB - RECIPIENT MUST NOT MAKE ANY ADMISSION OF THIS SECTION WHICH ANY OF NOT BE CONSTRUED TEES HAVOE ELIMINATE R REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. Changes and Amendments FEMA or the DPSfrHSSAA may change the award document after an award has been made. Once notification has been Nma a l, in writing, any subsequent request for funds indicates sub - recipients acceptance of the changes to the award. dme Alterations, additions or deletions to this Sub - recipient agreement's terms, such as changes to period of performance and awa amounts, will be made through Grant Adjustment Notices generated by the DPSfrHSSAA web -based grants management system and executed by the Parties. �ehority to Amend. During the cpa e f t a hte cipoieu nnle agreement's ,fiaen DPSfrHSSAA and/or FEMA may issue policy b to o directives that serve to establish, interpret or clarify this Sub - recipient agreement's performance requirements. Such policy directives shall be promulgated by DPSlTHSSAA or FEMA in the form of Information Bulletins and Sub - recipient Manuals and shall have the effect of qualifying this Sub - recipient agreement's terms and shall be binding upon the Sub - recipient as tT wrdten in the Sub - recipient agreement Fffe of hanaem in Federal and State Laws. Any alterations, additions, or deletions tropthe Sub - recipient agreement's terms that are rwrq'rtten amendment to this Sub - recipient agrais a t and sharll becomeueoffa t onrtha dated signnated by uch law or reegulation.vIn thet event FEMA or OPSlTHSSAA determines that than as are necessary to the award document after an award has been made, incuding m de n y subsequent request for fundsna ndicateIaubsreciplent acceptance of the changes to the award . g Once notification has been .Initial Date page 6 of m Headiinnggss and beptions of this Subrecipient agreement's sections and paragraphs are only or convenience and reference. These headings and captions shall not affect or modify this Sub - recipient agreement's terms or be used to interpret or assist in the construction of this Sub - recipient agreement. Venue p rposes of litigation pursuant to this Sub - recipient agreement, venue shall lie in Travis County, Texas, and be governed by Texas Law. Other General Conditions nUNS Number. Sub-recipient confirms its Data Universal Numbering Systems Number (DUNS) is the number listed on the Sub - recipient agreement award. Data Universal Numbering System (DUNS) number means the nine digit number established and assigned by Dun and Bradstreet, Inc., at866ROS -5711 orhttp: //fedgov,dnb.comlwebform. Central Gontr -ctor Reeistratlon and Universal Identifier Raeuirements. Sub - recipient maintains that it has registered on www.ecr,gov, and entered DPSlfHSSAA- regwred information. See SAA Information Bulletin. Sub - recipient will keep current, and then review and update the CCR information at least annually, at the beginning of September of each year. Sub - recipient will keep information current in Central Contractor Registration 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 will not make any subaward agreement or contract related to this award 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. Reoortina Tot I Compensation of Sub - recipient Executive. 2 CFR 170.320; see FEMA Information Bulletin 350; SAA Information Bulletin. 1. Applicability and what to report Sub - recipient must report whether Sub - recipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 CFR 170.320. Sub - recipient must report whether 80% or more of Syub4ecipientgs annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub-recipient answers names and CFR 229.402(c)(2)) for ach of theeSub -rec Sub-recipient's five along with highly compensated executives for the paced ng colmplet compensation fiscal ear. 17 2. Where and when to report. Sub - recipient must report executive total compensation atcr.aov. By signing this agreement Sub - recipient is certifying that, if required, Sub - recipients jurisdiction has already registered, ant�redd the required information, and agrees o keep information in the Central Contractor Registration database current, and update the information at least annually at the beginning of September or each year until the later of when the Jurisdiction submits its final nancial report or receives final payment. Sub- re apient agrees that it will not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. Administrative —` Requirements orr Grants and Cooperative a will contain the to State nd Local Governments. 44 CFR 13.37(b), Uniform ^ - ^�•ed or Suspended Parties Prior to contracting with any vendor or subawardee, the Sub - recipient will determine tra whether the vendor/subawanlee is debarred, suspended, proposed or debarment, declared ineligible or voluntarily excluded b11 any federal department and agency and will confirm the vendor /subawardee does not appear in the Excluded Parties List System, currently at www,epls.gov./search.do, j ' Since September 1, 2011, Sub-recipient has either forwarded or is currsutl }rf Sub-recipient may to sD'1multaneously s'ynrup }oepoeit rm currently available at a direct Advance Payment Notification elmai oature which provides stale of Texas payees with as one- usiness -yay adva their payment tdetails online. deposit payment has been sent to their financial Institution. After receiving an APN, pay Y Points of ontacts. Within 30 days of any channgge, Sub - recipient will enter, confirm, and /or correct the chief elected official, program, and/or finanaal points of contact in the DPS/THSSAA grant management system. or trade .UWLCS 1QM All publications produced as a result of this funding, which rted by the U. for publication ment of Ho en d Security. The views and paper shall carry the following: 'This material is based upon work supported 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." E!!!!M enUy mole eports are entered into the Igrants Imanage ment sys ems Fodr Homeland Security Graant Program Eme genccy As enter Grant Program, Regional Catastrophic Preparedness Grant Program and Non -profit awards t eAortend o reports are perfod. Failure= 04mely. Icompleteyperfortna0ncebeportscullr�sultint heSUb- recipetbeingunabetohrequ sta dRionalptents nts /a W ances. a„,- sifted Information. Some information and materials provideC pursuant to or resuhing from this Award may be export kh ale/ app/ cable Ilaws and egu etions e Protected by law, executive order or regulation. The sub - recipient is responsible for 9J, L _ Initial Date 1., 7 01 1a s . ie o glitirements. Sub - recipients of this award shall use their own security procedures and protections to protect Sensitive Information received or distributed under this Award. The sub- recpient shall also establish procedures to provide reasonable assurance that no Sensitive Information will be developed or generated under this award. Such security procedures should include procedures (e.g., security check forms, type of background checkhnvestigations performed (if necessary) and requirements for successful adjudication of the type of background cherriJnvestigabons performed) to determine the suitability of sub - recipients' personnel requiring recurring access to vernment facilities or access to Sensitive Information provided under this award. A coPpySof the security procedures and any proposed agreement. The sub-recipient p ent will be notified of any concerns that may be identified once the security plrocedures are weeks orrwartded signing this reviewed by DHS. �gpsitive l rfc���ation. Work under this award may involve access to Sensitive Information from the Federal Government. Therefore, the sub - recipient s rail not disclose, Orally or in writing, any Sensitive Information to any person unless authorized in writing by the DHS Grants Officer. Further, the sub - recipient shall ensure that Sensitive Information is protected in such a manner that it is safeguarded from public disclosure in cempliance with local, state or Federal laws and with sub - recipients security procedures. For those sub - recipient personnel authorized access to Sensitive Information, the sub - recipient must ensure that these persons receive training concerning the protection and disclosure of Sensitive Information both during and after the period of performance. Public Dissemination of Sensitive InforIDetiga. The sub - recipient will notify the DPS/THSSAA of any workshops, conferences. seminars or other public venues at least 100 days erui c presenting any potentially sensitive information regarding this project. No Sensitive Information maybe presented by the sub - recipients' personnel without DPSTTHSSAA and DHS Grants Officer's review and prier written approval. ce�,,,;y r.... nms^lolat=% The sub - redpient shall inform the THSSAA's Deputy Assistant Director in t writing within two ve days a the sub-recipient berg made aware of any securi ty concerns with individuals having access fo government facilities or Sensitive Information. In the event that Sensitive Information is divulged in violation of sub - recipient's security procedures, the sub - recipient will immediately notify the OPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. ,$ite Visits, The DHS and/or DPSrrHSSAA, through authorized representatives, has the right, at all reasonable times to make site visits to ement control visit is mad by the DHS on the premises of the sub -rec pient fora contractor urnder this. Award, the sub - recipient she be p pr ovide and shall site riche performance of their rduties. Ali site visits and facilities evaluations shall befperformed n such a annex hat will not unduly delay work. The sub - redpient shall obtain the respective agences prior written DID a approve be reusing either agencies' seal. Funding of this Award does not equate to endorsement of use of funding agendas' seals. l 950�pg. D Initial Date P,,e 8 OF 10 1) a) rwisions app ice le to asub- recipient that is a private entity. I A sub - recipient andlor the sub- reupient's employes, may not: 1) Engage in severe forms of trafficking ' persons during the period of time that the award is in effect, 2 Procure a commercial sex act during the period of time that the award is in effect; or 3) Use forced labor in the performance of the award or sub award under this award. il) DPSITHSSAA or FEMA may unilaterally terminate this award, without penalty, if the sub - recipient that is a private entity: (1) Is determined to have violated a prohibition in paragravh 1a of this award term; or. (2) Has an employee who is determined by an agency official authorized to terminate the award to have violated a prohibition of this -� th h conduct that is either: are -i term roug ja) Associated with performance under this award, or PP rovideimputed n 2 CFR Parsub-recipient 0 OMB Guidelines nes to Agents one GovernmentiDebarment and Suspension (Non- procureme 1),' organization that mented at 2 CFR Part 3000. Provisions applicable to a sub - recipient that is not a private entity. THSSAA may unilaterally terminate this award, without Is determined to have violated a prohibition in paragm Has an employee who is determined by the agency o bition in paragraph at of this award term through conduct the " "--- gated with performance under this award; or end to the sub{ecipient using the standards and due process for imputing the conduct of an individual to an organization that n 2 CFR Part 180, 'OMB Guidelines to Agencies on Government Debarment and Suspension (Non - procurement); as at 2 CFR Part 3000. cs ~Provisions applicable to any recipient: i) A Sub - recipient must inform the DPS(fHSSAA immediately of any information it received from any source alleging a violation of a. xohfbhion in pare ggraph at of this award term. ii) DPS/THSSAA s right to terminate unilaterally is describe in 1b or 2 of this section: 1) ImPiements section 106(g) of the Traffiddng Victims Protection Act of 20o01NPA), as amended (22 U.S.C. 7104 (g)), and 2 Ism addition to all other remedies for noncompliance that are available to D MSAA under this award. !!I Sub - recipient must include the requirements of la of this award term in any sub -award the sub - recipient makes to a private entity. d) Definitions. For purposes of this award term: i) "Employee" means either: 1) An individual employed by a sub - recipient who is engaged in the performance of the project or program under this award: or �2) Another person engaged in the performance of the project or program under this award and not compensated by Sub - recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. ii) Forced labor' means labor obtained by any of the following methods: the recruitment, harboring, transportation,, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt, bondage, or slavery. iii) Private entiV means: (1) Any entity other than a State, local government, Indian Tribe, or foreign public entitis, as those terms ere defined 1n 2 CFR 175. . 2 Includes: (a) A non -profit organization, includingg any nonpprofit institution of higher education, hospital, or tribal organization other an one included in the definition of Indian Tribe at 2 CFR 175.25(b). (b) A for- -profit organization IV) "SSevere forms of trafficking in persons,' "commercial sex act," and "coercion' have the meaning given at section 103 of the as amended (22 U.S.C. 7102). 2) ri = =ifiea Security Condition a) 'Classified national security information' as defined in Executive Order (ED) 12958, as amended, means information that has been determined pursuant to ED 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. b) No funding under this award shall be used to support a contract, sub - award, or other agreement or 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 c) Where an award recipient has been approved for and has access to classified national security information no funding under this securityhnformation by thsupport ontractor sub- awarde o other enter without tprigoods rr wrritten approval fr m the DHSeoffice of Security, fr Industrial trriial Security Branch Program (ISBP), or an appropriate official within the Federal department or agency with whom the classified effort will be performed. d) Such contracts, sub- awards, or other agreements shall be processed and administered in accordance with the DHS " Standard Operation Procedures, Classified Convecting bq States and Local Entities," dated July nii a�w imnlamentino directives or instruction. Aamended; the National Industrial Security Program Operating Manur " "" �" security requirement documents are currently located at:1 e) Immediately upon determination by the award recip sub - award, or other agreement, and prior to execution of agreement, the award recipient shall contact ISPB, or the instructions DHS Department of Homeland Security Office ooff theme Chief Set L. penalty, if the sub - recipient: pph 1 a of his award term; or fficial authorized to terminate the award to have violated an applicable t is either: ....__„ hat funding under this award will be used to action to facilitate th e acquisition of such a u department or acencv. for e a co ntract, card. or other and processing veSacupidhs.gov, Mail: inch- Weshinoton. PC. 20528 filial Date 10 page 9 OF 1B Operation Stoney ra dim (OP ) _ ^ °�ific Condition The OPSG Sub - recipient is prohibited from obligating or expending Operation Stone arden (OPSG) funds provided through this award until each unique, specific, or modified county level or equivalent Operational OderlFrag �peration Oder with embeddegd estimated operational budget has been reviewed and approved through an official email notice Issued by FEMA removing this special ProrogOOrammatic condition. 0 ti Order a roval process /structure is as follows: Operations Orders are submitted to (1) THE A PIR PRIATE the Customs and The pars ons pp Border Enforcement Trans Boryste a �BPets))sys em oe(2)the OPS(G OCoo inatorr, CBP B W sh ngton, DC orw and upon approval forwarded Patrol Enforcement Transfer Sy to (3) Federal Emergency Management Agency (FEMA), Grant Program Directorate (GPD), Grant Development and Administrative tae Administrative Division (G &A). Notification of release to pro r Coordinator r will Plen Hy FEMA s Washington it to the Texas Homeland Security State Administrative Agency (THSSAA) with a copy Fmergenc�0oera1lons Ganfar Gr:nt PrQyram (EOCGP� Soeclfic Condition The Sub - recipient is prohibited from obligating, expending or drawing down EOCGP funds provided through this award until the required budget and budget narrative are reviewed and approved by FEMA and an official notice has been issued from FEMA removing this special condition. Regional Gafastrop�jjr Preparedness Grant Program (HCPGP) Snecifrc Cond1ti40. The Sub - recipient is prohibited from obligating or expending RCPGP funds provided through this awed until the required budget and budget narrative are approved by FEMA and this condition is rescinded. In addition, the Sub - recipient is prohibited from obligating or expending RCPGP funds provided through this award until DHS /FEMA has provided signed approval of the project narrative and project plans to the Sub - recipient. state Rem„ rements for Grimts_ Sub - recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub - recipient agreement's activities and performances rendered by the Sub - recipient including but not limited to the laws and the regulations promulgated in Texas Government Code Chapter 763, Uniform aGer Grant a ^directorContract seff /saw nfoemationebul ,t ns h min Texas Uniform Grants Management Bulletins, currently available Ste ndads (UGMS) currency at 9Ovemor.9teto.tx.us /files! state -gra� L�U "MS 6M06Maff /sea /doc mentssia etlioientManuaAodf.cy Sub - recipient Manual, currently available at ta„ Sub- recipient(s) must, in addition to the assurances and certifications, comply and requue ea OMBtcirou ors, terms and conditions p in of the completion of the project to comply with all applicable statutes, regulations, executive orders, award, and the approved application. The Sub - recipient will follow Texas General Appropriations Act, Art. IX, section 4.05 which requires conforming with: a) Texas General Appropriations Act, Art. IX, Parts 2 and 3 of the General Appropriations Act, except there is no requirement for increased salaries for local government employees; b) Texas Government Code section 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 a legislative mduding 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 section 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; ) General Appropriations i gsrile to every anreporting arget levels associated with this gra awe d, including performancemilei es,msto etime frames, related requirements; and e) General Appropriations Act, Art. IX, section 7.01, 7.02, and 7.03 and Texas Government Code § 2102.0091, including grants funds may only be expended if the Sub - recipient timely completes and files its reports. Please fill In the appropriate information and sign. Print Name of Authorized Official Duanf �� Title —1 h o aie ' hh a[ Date P... 10 of 19 EXHIBIT A ASSURANCES - NON- CONSTRUCTION PROGRAMS See Standard Form 4248 As the duly authorized representative of the sub - recipient, I certify that the sub - recipient: 1. Has the to pay the non-Federal share re of ply for cost)rto ensure proper planning, management and completion of the project described in funds his sufficient 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 Stale, 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. NAZI comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit systems or 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) TRIe 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; (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, Treatme 523 and R and '27 the Publ cf Heatt (Service Act of 1912 (42 U.S.Cating to nondiscrimination onthe basis of alcohol abuse or alcoholism; (g) §§ § §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 sect.), as amended, relating to nandiscnmination in the sale, rental or financing of housing; (i) any other Vprovisions in the specific statues) under which agreemoehef Fleda re is being made; and, (j) the ic requirements of any other nondiscnminaIton statute(s)which may apply app 7. Will comply, or has already complied, with the requirements of Tilles It and III of the Uniorm Relocation Assistance and Real Property ns 7cquts 10n Policies as of 1970 (P.L. 91 -646) which provide or air and equitable s app a fo all In arrests in spllac displaced or whose se propel ty iproject acquired as a result of federal or federally- asslsed programs. These regwrements apply purposes regardless o/ Federal participation in purchases. 8. Wit comply, as applicable, with provisions of the Hatch Act (5 U.S.C. 5§1501 -1508 and 73247328) 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 1B U.S.C. §874), and the Contract Work Hours and Safety Standards Act (4%' U.S.C. § §327 -333), regarding labor standards or tclerally- assisted construction sub - agreements. (P.L. ll co4)p hitch pepquiareserecipientsanna spec el flood hazard arse to partic pate�tn the programs nld to purchase flood i su anlce i 9he total cost of insurable construction and acquisition is $10.000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to this 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 ursuant E assurance of project cons stency with the atptprved State management program flood developed underr the s in Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et sect.); (fj conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et sect.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P. L. 93-5 3); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205), 12. Wdl comply with the Wild and Scenic Rivers Act of 1968 (15 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. ition Act of (16 U.SICS§470). ED 1 awarding 59 (identi iation and protection of historic properties), National Historic PreservE Archaeological and Historic P eservvation Act of ded 1974 (16 U.S.C. §§469a -1 at seq.). 14. WII complywtth P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will and comply with the of warm blooded animals mss he d for research terse h544, as other activities supported by this eawad of�a s9 tance care, 16. WII 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.( ,✓ T / I itial�_Date Vol. pg." _. vw•uwre 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this program. Please rill in the appropriate information and sign. Print Name of kuthorized Official TN /� ` e OVA A n W J�Me- T10113 ✓ � f s 1 I: Imbal�4ate Q /p 3 Pepe 12 Of A EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS As the duly authorized representative of the sub - recipient, I certify that he 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 he use of, or change the terms of the real property title or 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 covenant in he title Of real property acquired in whole or in part with Fedeal 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 egineeringg supervision at the construction site to ensue 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 he 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. §¢G43728-4 763) 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 at 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 Ad 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; (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 d rehabilitation othe Public Health Service 116)of as am nded. relating to $n§ondiscrimination on the basis of alcohol abuse or alcoholism; (g) § Ad2o 1966 rid U Dee ), as amended et seq.),rel amended. confidentiali ng to nondiscrimination net ongn abuse he sale rental orrfinanci g Tide VII of housfn the (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 yststue(s) which may apply to the agreement. ie Acquisition on comply, or Act of 197 (P.L. pied, with which provide for fe of Titles It and r rid equitableIII of thin nt ofrpersons displaced�sor whose Prop" is Property 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. y§§276a to 276a -7), the Copeland labor r standards U.S.C. Q§276c and 18 U.S.C. §874), and the Contact Work Hours and Safety Standards Act (40 U.S.C. § §327- 333) regarding labor standards for federallyassisted construction sub - agreements. iction which ill cor �edpien nma special purchase ood hazard area tonparti paten the peoora I the nd to purchase flood insurance if the (P.L. otal 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) and Executive Order (Il 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wellands pursuant to ED 11990; (d) evaluation of flood hazards in floodplains in accordance with IPO 11988; (e) assurance of pro act consistency with the approved State management progam developed under the Coastal Zone Management Act of 1972 (16 U.S. § §1451 at seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §%'7401 an . h) protection of endangeredrspec es under the drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -5 ); and, (h) Endangered Spades Act of 1973, as mended (P.L. 93.205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rives system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended ( U.S.C. §470), C EO 11 9 et (identification and protection of historic properties), and the Archaeolog' and istoric Preservation Act of 1974 (16 �� ^ ' �� Initial Data 9I FVO __ P9• !! oro• UOr ie 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. WII 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. Print Namg�of Authorized Official �, �r j VI l� P 1" [ klm Title i lt7 /3 Date EE-74r p9._jP4_)F� Initial " 1 Date /0 P., 14 OP la Exhibit C Certifications Y (punt , as the authorized official of certifies the following The undersigned, ) to the best of hislher no a ge and be ie . 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, of 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 contact, 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 Sit 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 y sectiio and not more 31, U. $ 00,0000 Any person each such falls to file the required certification shall be subject to a evil penalty of not less than primarygcoivered Order 12549. as defined at 28 C. Rt. Part 67, Suspension, ection 67.510. (Federal Certification). The Subaciipenttcceirtifies that and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a deal of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sut�recipients can access debarment Information by going to www epls.cov and the State Debarred Vendor List 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 of replace (supplant) funds that have appropriated for the same purpose. Sub - recipient may be required to supp i y resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub- recipient must comply with 2 CFR 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 at 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 earned 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 CFR Part 17. H. Sub - recipient agrees that it is not delinquent on any Federal debt. 1. 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. Vol. _� g� pg. _g� Initial Date to l Page 13 W A 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 approp .fe infomta ��on,/a�� sign. Print Name of Authorized official A PU V — Title ro Evoi—� Pg. cl7 Initial 2 --Date ""wig EXHIBIT D State of Texas Assurances As the duly authorized representative of the sub - recipient, I certify that the sub - recipient 1. Will comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the applicant's governing body or of the; 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. Must insure that all information collected, assembled, or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Must 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. Must comply with Section 231.005, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Will not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the subgrantee is a health, human services, agncy is safety, safety or law enforcement agent y and the license, permit, or certificate has been revoked by another health and S. Must comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement offioce ant agency regulated by Texas occupations is in he process of achieving compliance with such rules if the subgrantee is a law 7. Will follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package contract administration system to iinnsure that all terns, conditions, and specifications are lms I. s (See UGMS Section .36 for additionala guidance on contract provisions). 8. Must comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities are properly trained s Department ware of this ChildPremenve and Regulatory Services. Subgrantees shall also ensure that all 9. 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. 8&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 10 basis j f wh which prohibits the discrimination Americans w the Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6 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, relatingg to the nondiscrimination on the basis of alcohol abuse or alcoholism; lg) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.0 § §290dd -3 and 29 J 0ee , as amended, relating to confidentiality of a cohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 at sect.), as amended, relatindg to nondiscrimination in the sale, rental, or financing of and housing; ) gthe)requirements of nondiscrimination other�nondiscrimit in the statute(s) which statute(s) apply to the application plicaationor Federal assistance is being made; 10. Will cornply, as applicable, with the provisions of the Davi"acon 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. . § §327 -333), regarding labor standards for federally assisted construction subagreements. 11. Will comply with requirements of the provisions of the Uniform Relocation Assistance Ped Real Property Acquisitions Act of 1970 (P.L. 91.648), which provide for fair and equitable treatment of persons displaced or whose properly ,s 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. Will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § §7321 -29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Will Insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it wilt 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). Pg._O28d Initial Date 1 18881.7 QF 18 93- 23411. Section with the flood insurance a) requires the purchase of floorequirements nsurance in Section suchhiinssurance s available as a condition fort the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of accordance violating facilities h pursuant t (e) assurance of proeJo t consistency with he atptprroved state 'management program developed under he s m Coastal zone Management Act of ura (16 U.S.C. §1451 et seq.); (f) conformity of federal actions to State (Clear Air) tmplamenlation Plans under Section 176(c) of the Clear Air Act of 1935, as amended (42 U.S.C. § 57401 at 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. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. Section rt t of U ist the aw rdi9gee y in eeii the Archaeological and HistoricP eservation Act of as amended ( . S.C. 53 abon end protction of stor i properties), the nd 1974 (16 U.S.C. 046ga -1 at seq.). 19. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended 7 U.S.C. § §2131 et seq , .) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 20. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 at seq.) which prohibits the use of lead -based paint in construction or rehabifitabon of residential structures. a1' Will or facility h Public r the provision of also ervice for children as defirned by he Act (Act), which prohibits smoking within any portion of 22. Will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Will comply with all applicable requirements of all other federal and stale laws, executive orders, regulations, and policies governing this program. and determined by atny federal, tate, or local go elmme participate entity and t is listed onua state or to federal government's ernmen s terrorism watche ineligibility ry described in Executive Order 13224. Entities ineligible for federal procurement are listed at i.«...r&OM °ols rrv. 25. red by the Texas implement ealth and Safety CrdeSAnn. of the 85.00 el Het /AIDS work place guidelines of the Texas Department of Health as Please fill in the appropriate information{ and sign. Pont Name of 4horized Official a h P ' ` � l Title ,j/013 Date Pg. a2$� Initial (� Date ,.,"or is TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) NOTICE OF SUBRECIPIENT GRANT AWARD Program Title: FY 2013 Emergency Management Performance Grant (EMPG) DI-IS Instrument Number: 2013 -EP -00067 GDEM Grant Number: 13TX- EMPG -1440 Administered By: Texas Division of Emergency Management Texas Department of Public Safety P.O. Box 4087 Austin, Texas 78773 -0220 Recipient: Brazos County 200 S. Texas Ave, Ste 332 Bryan, TX 77803 Amount of Grant: $58,295.23 Period of Grant: October 1, 2012 to March 31, 2014 The period of grant reflects a six (6) month programmatic extension to complete and close out your FY 13 EMPG grant year. Signing Acceptance of this document means that you accept and will comoly with all requirements listed in the attached FY 2013 Terms and Conditions. AGENCY APPROV G CEPTANCE Original Signawre Ncquircd W. Nim Kidd, CEM Printed Name/Title: Assistant Director D wXl�- p s Texas Department of Public Safety Chief��n J�, ril n lJ "texas Division of Emergency Management Date: Q -; —17 Date: qj 1 p Return Signed Copy of This Page within 45 days to: Texas Department of Public Safety Texas Division of Emergency Management Attention: Heather Baxter, Office of Management and Budget MSC 0229 PO Box 4087 Austin, TX 78773 -0220 Vol. /8s" Pg.-'9 TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773 -0001 u Pw 5121424 -2000 www.cins.texas.gov � T A STEVEN C. WCRAW COMMISSION DIRECTOR A. CYN IHIA LEON, CHAIR DAVID G. BARER CARIN MARCY BARTH CHERYL MacBRIDE ADA BROWN DEPUTY bIRECTORS ALLAN S. POLUNSKY RANDYWATSON August 28, 2013 The Honorable Duane Peters Brazos County Judge 200 S. Texas Ave, Ste 332 Bryan, TX 77803 Dear Judge Peters: This letter is to advise you that your application to participate in the Emergency Management Performance Grant (EMPG) program during Fiscal Year 2013 (FY 13) has been accepted. 1. Grant Award The Notice of Sub - recipient Grant Award (Attachment 1) specifies the federal EMPG program funding that will be provided during FY 13. A representative authorized by your County Commission to accept grants on behalf of the jurisdiction must sign the grant award. Typically the County Judge must sign the award and return it to the Texas Division of Emergency Management (TDEM) within 45 days to activate your grant. Retain a copy for your records and provide a copy of the entire grant award package to your local financial manager. Failure to accept the award and return documentation to TDEM within 45 days may result in the distribution of the award to another jurisdiction. 2. Required EMPG Tasks A. Your FY 13 EMPG Program Application has been approved. As changes to this document may have been made in order to meet FY 13 program requirements since originally submitted, you should carefully review the attached copy. B. All EMPG participants must prepare and submit an After Action Report (AAR) and Improvement Plan (IP), in the format prescribed by the DHS Homeland Security Exercise Evaluation Program ( HSEEP). The HSEEP document can be accessed at httplihseep.dhs.gov. The sample AAR and IP are located on our website at C. The Department of Homeland Security has identified steps that States, territories, tribal, and local entities should take during FY 13 to remain compliant with the NIMS. All jurisdictions awarded FY 13 EMPG funds must achieve and maintain 100% compliance with NIMSCAST objectives and metrics. EOUAL OPPORTUNITY EMPLOYER COURTESY. SERVICE . PROTECTION Vol. __ /�.5� Pg. Is2 �3 3. Task Progress & Reporting Continued participation in the EMPG program is in part conditioned on making proportional progress on your Work Plan tasks and the timely submission of progress and financial reports. A. Proportional Progress in Program Tasks. You are expected to complete and document a portion of those tasks each quarter rather than deferring most planning tasks, training, exercises, and other activities until the last several months of the fiscal year. Those who try to complete a year's work in several months frequently fail when emergencies occur late in the year. B. Financial Reports. EMPG Financial reports are due 30 days after the close of each quarter of the federal Fiscal Year. Quarterly Financial Reports are due January 30, April 30, July 30, and October 30. These reports should be emailed directly to the TDEM EMPG Auditor, Doris. Gri sham AcIps. texas. go v. C. Quarterly Metrics Templates. FEMA EMPG quarterly templates are due every quarter, January 15, April 15, July 15, and October 15. These templates should be emailed directly to the TDEM EMPG Grant Technician, Heather. Baxter ZDdpS.texas.goV. D. Progress Reports. Your first semi - annual progress report was due to the TDEM Preparedness Section on April 15, 2013. The final progress report is due October 15, 2013 and should be emailed directly to the TDEM EMPG Grant Technician, Heather. Baxter(a)dps.texas.00v. If you do not expend grant funds allocated on allowable expenses within the performance period, future grants will likely be reduced. If you determine that you do not wish to participate in the FY 13 EMPG program, please submit a letter from your Authorized Official requesting to terminate your participation from the program. If you have questions regarding EMPG tasks, please contact the EMPG Grant Coordinator III, Lisa Resendez at 512 - 424 - 75111512- 574 -1473 or your District Coordinator. Rer0imKidd, Ily, C R Assistant Director Texas Department of Public Safety Chief Texas Division of Emergency Management WNK:lr Attachments: 1- Notice of Sub - Recipient Grant Award 2- Terms and Conditions 2013 Emergency Management Performance Grant (EMPG) Terms and Conditions I. Purpose: The FY 2013 priority for this program is to Advance "Whole Community" Security and Emergency Management. Grant funds will be used to support local comprehensive emergency management programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Funding may be used to support activities that contribute to the capability to manage consequences from acts of terrorism. Funds provided may also be used to accomplish initiatives described in the Federal Program Guidelines, including local implementation of the National Incident Management System (NIMS), incorporation of appropriate references to the National Response Framework (NRF) into local plans, homeland security assessment and strategy integration, and assessment of local emergency management program using Emergency Management Assessment Program (EMAP) standards. 2. Grant Conditions: Identify the source of funding under which this award is funded and reference the government code authorizing these services and conditions. The federal grant terms and conditions are located at: http�//www.fema.gov/qovernment/grantlemp�. 3. Grant Acceptance: Notice of Subrecipient Grant Award remains an offer until the signed copy of the Acceptance of Subrecipient Grant Award is received by the Department of Public Safety in accordance with the instructions provided in the transmittal letter. 4. Work to Be Performed: The approved FY 2013 Statement of Work and Progress Report template outlines eight tasks that the grantee must perform during the grant period. The following additional tasks are also required of Subrecipients: A. Implement (NIMS) at the local level. B. Incorporate pertinent information concerning NRF into the local or inter - jurisdictional emergency management plan and its annexes. C. Subrecipients must have a tracking system of record to organize and coordinate resources in response to incidents. D. During the performance period of this grant, Subrecipient must maintain an emergency management plan at the Advanced Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be accomplished by jurisdictions maintaining their own emergency management plan or participating in an inter - jurisdictional emergency management program that meets the required standards. If the TDEM identifies deficiencies in the Subrecipients plan, Subrecipients will correct deficiencies within sixty (60 ) days of receiving notice of such deficiencies from TDEM. E. During the performance period of this grant, subrecipeient's agrees to legally - adopt county and/or regional mutual aid agreements. F. Subrecipeient's must maintain an updated inventory of equipment purchased through this grant program in accordance with Uniform Grant Management Standards — III, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C- Post -Award Requirements, Reports, i / 43 _ 1, : o2 J,< Records, Retention, and Enforcement, Equipment and the Department of Homeland Security (OHS), Office of Grant Operations Financial Management Guide. G. The Subrecipient agrees that any equipment purchased with funds through this grant program shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 5. Grant Funding: List the amount of funding for this award. The amount of this grant may be less than the amount requested in your Application for Federal Assistance due to limits on federal funding for the EMPG program. However, EMPG grant recipients should continue to report all eligible expenses in quarterly financial reports. In the event additional program funding becomes available from the federal government or unspent EMPG funds remain at the end of the fiscal year, TDEM may be able to allocate additional funding to EMPG program participants. 6. Financial and Administrative Requirements: In Accordance with 44 Code of Federal Regulations (CFR) Part 13, Subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide located at http:// www .o*p.usdo'.govtfinancialquide /. A. All emergency management program costs for which the Subrecipient seeks reimbursement must be eligible in accordance with Office of Management and Budget (OMB) Circular A -87, Cost Principles or Stale, Local, and Indian Tribal Governments. A copy of that document is available at: http: /hvww.whitehouse.gov /omb /circulars. B. Subrecipient will comply with the organizational audit requirements of OMB Circular A- 133, Audits of States, Local Governments, and Non - Profit Organizations. httr): / /www.whitehouse.gov /omb /circulars default C. When implementing Federal Emergency Management Agency (FEMA) National Preparedness Directorate funded activities: the Subrecipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The Subrecipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting FEMA funded activities. D. Subrecipient will assist the awarding agency (if necessary) in assuring compliance with the National Historic Preservation Act of 1966 Section 106 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). (Federal Assurance). E. Subrecipient agrees to make no request for reimbursement for goods or services procured by the Subrecipient either prior to the start of the period of performance stated in this award document or after the end of the period of performance. 2 - - - -- Pq o1�..� F. Notwithstanding any other provisions of this document, the parties understand and agree that the obligations of TDEM under this Agreement are contingent upon the availability of adequate funds to meet TDEM's liabilities. TDEM shall not be liable to the Subrecipient for costs under this Agreement that exceed the amount specified in the Notice of Subrecipient Grant Award. 7. Single Audit Act Requirements: If Subrecipient has expenditures in excess of $500,000 in federal funds of all types within a single fiscal year, it must have an audit performed in accordance with the Single Audit Act as amended. Subrecipient agrees to comply with the audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non- profit Organizations. 8. Reporting Requirements: Subrecipient agrees to comply with all reporting requirements and shall provide such information as required by TDEM. Reporting requirements are found in the FY 2013 Local Emergency Management Program Guide. Subrecipients may be required to submit additional information and data requested by TDEM and after the end of the period of performance in order to close out the grant. A copy of the FY 2013 Local Emergency Management Program Guide can be found on the TDEM website at: http //www txdps state tx us/ dem/ CouncilsCommittees /EMPG /emPgGuide.pdf Subrecipient must prepare and submit Semi - Annual Progress Reports to TDEM for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. The first performance reporting period is October 1 to March 31 and the second reporting period is April 1 to September 30 of each fiscal year. Subrecipient may also be required to submit additional information and data as requested by TDEM. 9. Review of Work and Expenditures: TDEM may review the work of the Subrecipient with respect to approved program tasks and expenditures for which reimbursement is requested to ensure the federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of this contract or grant agreement and that performance goals are achieved. These reviews may include, without limitation: comparing actual Subrecipient activities to those approved in the sub -award application and subsequent modifications if any; ensuring that grant funds have been expended in accordance with applicable guidelines; confirming compliance with grant assurances, and verifying information provided on performance reports and payment requests. Federal Grant Funds cannot be matched with any other Federal funds.' 10. Lobbying: A. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the Subrecipient certifies that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; 3 q 2) If any funds other than Federal appropriated funds have been, paid or will -be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3) The Subrecipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 11. Debarment, Suspension, and other Responsibility Matters: A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 (Federal Certification). B. The Subrecipient certifies that it and its principals and vendors: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Subrecipients can access debarment information by going to www.eols.go v. 2) Have not, within a three -year period preceding this application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally -or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4) Have not, within a three -year period preceding this application, had one or more public transactions (Federal, State, or local) terminated for cause or default. C. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application (Federal Certification). 12. Monitoring: A. Subrecipient will provide TDEM,. State Auditor, DHS personnel or their authorized representative, access to and the right to examine all paper or electronic records related to financial assistance. Vol. �4� Pg. �g_ B. Subrecipient agrees to monitor their program to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. C. TDEM may perform periodic reviews of Subrecipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of an on -site audit and compliance monitoring, including inspection of all grant - related records and items, comparing actual Subrecipient activities to those approved in the sub -award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, verifying information provided in performance reports and reviewing payment requests, needs and threat assessments and strategies. D. Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA National Preparedness Directorate. E. The Subrecipient agrees that all allocations and use of funds under this grant will be in accordance with the Homeland Security Grant Program Guidelines and Application Kit for that fiscal year and must support the goals and objectives included in the State Homeland Security Strategic Plan and the Urban Areas Security Initiative (UASI) strategies. F. The Subrecipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non- federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 13. Reimbursement for Expenses: Reimbursement for expenses incurred during the second and fourth quarter of Fiscal Year 2013 will not be disbursed until TDEM receives the first and second semi - annual EMPG Progress Reports, which are due on April 15, 2013 and October 15, 2013, respectively. 14. Choice of Law: This agreement shall be construed and governed by Texas law. 15. Changes to the Law: DPS is a state agency whose authority and appropriations are subject to the actions of the Texas Legislature and the United States Congress. If DPS and/or the subject matter of this contract become subject to a legislative or regulatory change, revocation of statutory or regulatory authority, or lack of funds that would render the services and /or goods and /or payment to be provided under this agreement impossible, unnecessary, void, or substantially amended, DPS may terminate this agreement without penalty to, or any liability whatsoever on the part of, DPS, the State of Texas, or the United States. This contract does not grant vendor a franchise or any other vested property right. 16. Written Modification: No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 17. To the extent it applies, Subrecipient shall comply with Texas Government Code, Chapter 783, 1 Texas Administrative Code (TAC) §§ 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart 8, §_14. 18. To the extent it applies, Subrecipient shall comply with the General Appropriations Act, 801h Legislature, Article IX, Part 17. 19. TDEM may suspend or terminate sub -award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub -award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, or filing a false certification or other report or document. Satisfactory progress is defined as accomplishing the following during the performance period of the grant: requesting federal funds for purchases, training, etc. and deciding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned tasks must be accomplished in a timely manner. Special Conditions may be imposed on Subrecipient's use of grant funds until problems identified during grant monitoring visits conducted by TDEM audit and compliance personnel are resolved. i 6 STATE OF TEXAS § COUNTY OF BRAZOS § BRAZOSCOUNTY BRYAN,TEXAS ORDER OF INDEMNIFICATION OF THE BRAZOS COUN'T'Y OFFICE OF THE SHERIFF WHEREAS, the County of Brazos is a political subdivision of the State of Texas, and WHEREAS, the Texas Local Government Code §157.903 authorizes the County of Brazos to indemnify its elected or appointed county officers against personal liability for the loss of county funds, or loss of or damage to personal property, incurred by the officer in the performance of of official duties if the loss was not the result of the officer's negligence or criminal action, and WHEREAS, the County of Brazos finds it appropriate to indemnify, defend and hold Harmless its County Sheriff for the loss of county funds, incurred by the Office of the Sheriff in the performance of his official duties if the loss was not the result of the officer's negligence or criminal action. NOW, THEREFORE, BE IT RESOLVED, by the Brazos County Commissioners Court as follows: To the extent permitted by the Constitution of the State of Texas and Texas Local Government Code § 157.903, the County Sheriff shall be indemnified against personal liability for the loss of inmate funds, specifically $40,90 of counterfeit twenties incurred by the Intake Staff while preforming his/her duties processing inmates on August 26 and 27 collectively and the bills neased the pen test and was caught by the banks counting machine. ADOPTED this a day of 2011 by a vote of AYES And © NAYS. ILI Lr ATTEST: C A Karen McQueen, County Clerk Vol. 18�� Pg._ N OF 00. Brazos County Job Description Last Updated: TdnVMR4MSiW 1.20eI5i Class Number. 1890 Title: Psychologist Pay Group: 24 Department: Juvenile Grant N FLEA Status: Exempt Reports To: Deputy Director Approved Date: therapy services by utilizing in -home, office a group sessions. Develops written treatment and aftercare plans. Actively participate in staff meetings EEOC Category: Professional General Summary: The Psychologist will provide effective psychological and associated mental health services for juveniles who are under supervision of the Brazos County Juvenile Services Department. This position will primarily work with Juveniles that have been detained in the departments secure Juvenile Detention Center providing an array of psychological services to Include, but not be limited lo, providing individual and group therapy, conducting psychological evaluations, teaching life skits and anger management, providing crisis Intervention, and testifying In court. Essential Duties: Other duties may be assigned. Provide direct professional psychological and associated mental heath services including conducting group, family, and indIvldusl therapy. The Psychologist will provide administration and interpretation of psychological evaluations of youth. The Psychologist will provide an array of psychological services to Include, bud not be limited to. providing individual, family, and group therapy; teaching life skills and anger management, providing crisis intervention, and testifying in court. Testify in juvenie court to defend psychological evaluation and recommendations. I Make professional recommendations on individual cases to the probation officer and the court. Assists In planning, Coordinating and implementing programs. Assists with and conducts staff training and development. Assists in developing and Implementing new programs. Provide counseling and therapy services by utilizing in -home, office a group sessions. Develops written treatment and aftercare plans. Actively participate in staff meetings and client eas"taffings,. Develops and assures treatment and services provided is in compliance whh department policy. as well as with state, professional and national standards. Provide court testimony as directed. Provide 24 -hour emergency crisis Intervention. Identify juvenile needs that cannot be addressed In -house and make appropriate referral recommendations. Maintain client Confidentiality. Performs other duties as they are assigned. Maintain applicable licensure(s). On call 24 hours a day, subject to Irregular work hours and a norftradtkmal work schedule. Follow established policies, procedures and practices of the department. Maintain security and Confidentiality of all case information, flies and chronological notes as required by the Texas Family Code. Facilitates and participates in departmental programs. Other duties as assigned. The duties listed above are Intended only as Illustrations of the various types of work that may be performed. The omission of specific statements of l duties does not exclude them from the position if the work Is related or a logical assignment to the position. Other Duties as assigned. (5°k) Supervision Received: Deputy Director Given: Supervise and oversee Interns and or staff members regarding ongoing assignments and duties. Education Required: Doctorate Degree from an accredited college or university N Psychology or counseling. Preferred: Dodtorets Degree in Psychology from an accredited collage or university. Experience Required: To perform this job successfully, an IndMdual must be site to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, andfor ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Purred: One (1) year of experience in provision of direct clinical services preferred, but not required. Cerf kates, Lilimses, Registrations —_ Required: eeed Texas by the Texas State Board of Examiners of Psychological m a Doctoral Degree and tm In Psychologist — or eligible for Iicensure within 2 years. Valid Texas driver's license with appropriate liability auto Insurance coverage (Driver's license requirements must be met within 30 days It employee recently moved from another elate). Vol. l pr o? Preferred: Typical: A Secure Juvenile Detention Center. The noise level In the work environment is usually moderate. While Physical Demands performing the essential duties of this job, the employee Is constantly required to perform multipie tasks Typical: Duties require dally standing, walking, sitting, talking and listening: frequent use of hands and/or fingers to grasp, handle, pick -up, pinch, type or feel: frequent reaching with hands or arms and lifting of objects over 20 pounds; dose vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with dritablilhes to perform the essential functions. Knowledge, skins, 6 Abilities Typical: The Staff Psychologist will have knowedge of psychometrics and psychological principles Including behavior modification, the ability to provide individual, group, and family counseling, the ability to communicate effectively both orally and in writing, the ability to design and implement treatment programs. Ability to conduct psychological evaluations and other assessment to include projective techniques. Ability to communicate oat With juvenlles and possess basic computer knowledge and competence. Work Environment Typical: A Secure Juvenile Detention Center. The noise level In the work environment is usually moderate. While performing the essential duties of this job, the employee Is constantly required to perform multipie tasks simultaneously. to work under time pressures to meet deadlines and to work closely with others as pan of a team; the employee Is frequently required to do tedious exacting work. Worker Is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physicaf harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. P OVED la 1 Duane eters Date County Judge Vol. l =-tfP . q ff l: o do yry OF 8p Brazos County Job Description Last Updated: r«rpn. Rnblm t.s oe 16612 Class Number: 1892 Title: Professional Counselor - Detention Pay Group: 22 Department: Juvenile Grant N FLSA Status: _ Exempt Reports To: Deputy Director Approved Date: directed. Provide 24 -hour emergercy crisis intervention for residents in the Juvenile Detention Center. Identify juvenile needs that cannot be EEOC Category: Professional General surnmalry, Waking primarily In the Brazos county Juvenile Detention Center delivering counseling and related services to detained juveniles. Additionally, provide counseling and related services to juveniles not in detention but who are under the supervision of the Brazos County Juvenile Probation Department. Services to be provided Include, but are not limited to, Individual, family, and group counseling; Teaching life -skill Gasses and anger - management; Conducing psychological assessments; Develop Treatment Plans, and provide crisis Intervention as needed. Supervise Intents and Volunteers as assigned. Abide by all ethical and related standards. Essential Duties: -- Other dudes may be assigned. Make professional recommendations on individual cases to probation ofhcen. RespohCS to emergency slEmilons on a 24 hour or call basis. Subject to Irregular work hours including a non-traditional work schedule. Assists In the development, planning, coordination, and Implementation of programs and services. Assists with and conducts staff training and development. Provide counseling services primarily in the Juvenile Detention Center, but other places as well. Develops and implements written treatment and aftercare plans. Actively participates in staff meetings as well as osse - surfing meetings. Provides treatment In compliance with department policy, as well as with stale, professional and national standards and mandates. Provide court testimony as directed. Provide 24 -hour emergercy crisis intervention for residents in the Juvenile Detention Center. Identify juvenile needs that cannot be addressed in -house and make appropriate referral recommendations. Provide crisis Intervention and other counseling and mental health services for students attending the Brazos County Juvenile Probation Departments Academy School Program. Supervise Intents regarding ongoing assignments and duties, Maintain client confidentiality. Maintain applicable licensure(s) and certifications. The Professional Counselor will provide administration and interpretation of psychological evaluations of youth at risk of suicide, or In need of specialized treatment services. On cad 24 hours a day. Follow established policies, procedures and practices of the department. Facilitates and participates in departmental programs. The duties Noted above are intended only as Illustrations of the various types of work that may be performed, me omission of specific statements of duties does not exclude them from the position d the work Is related or a logical assignment to the position. Other Duties as assigned. (1% —. —_ Supervision Received: Deputy Director Given: This Is not a supervisory position. Education Required: The Profeaslonal Counselor will have a Masters degree from an accredited cottage or umNeraiy In social cacti, counseling, or psychology. - -- — Preferred: - -- Ex ante Required: To peAorm this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodations maybe made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Certificates, Licenses, R istrations Required' Master Degree from an accred aed college or uniwrely. Llcenaetl to practice in Texas by the appropriate licensing board, or eligible to receive license within 1 year of employment. Valid Tema drivers license with appropriate liability auto Insurance coverage (Drivers license requirements must be met within 30 days a employee recently moved from another state). Preferred: Ph sloal Demands Typical: Duties require defy standing, walking, sitting, talking and listening; frequent use of hands and/or Miters to grasp, handle, pick -up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 20 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Knowledge, Skills, 8 ANN Nes Typical: A knowledge of juveniles regarding emotional, cognitive, moral, and social development. Knowledge of facts, concepts, principles and theories of human behavior related to juvenile offenders on probation, in detention, or residential settings. Extensive knowledge of counseling theories and interventions. Commitment to the department's vision of developing people to their fug potential. Possess well developed listening and communicating skills to facilitate an effective counseling affiance. Be able to write relevant documentation accurately. Computer, management, supervisory, and organizational skills: interpersonal skills and ability to deal effectively with the public, other employees, and elected officials; ability to complete assignments within light deadlines. the employee is constantly required to perform multiple tasks simuttaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harp as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. AP VED Z L o I� uane eters Date County Judge LLOYD WASSERMANN Precinct 1 (979) 3614106 IwassermanmCco.brazosIc us SAMMY CATALENA Precinct 2 (979) 361 -4115 scatelenaCco. brazos.tx, us September 10, 2013 BRAZOS COUNTY COMMISSIONERS COURT E. DUANE PETERS County Judge (979) 3614102 dpeters @co. brazos.tx. us Jack Stoffregen Chief Public Defender Regional Public Defender for Capital Cases P.O. Box 2097 Lubbock, TX 79408 Dear Mr. Stoffregen, G. KENNY MALLARD Precinct 3 (979) 361 -4105 kmallardaco. brazos.M. us IRMA CAULEY Precinct 4 (979) 361 -4111 icauley@co.brazos.tx.us Please consider this notification that Brazos County will not be renewing its Interlocal Agreement (Public Defender for Capital Murder) for FY 2014 with Lubbock County. Please let us know if we need to provide any further documentation for those cases which were filed under the prior Interlocal Agreements entered into FY 2012 and 2013, as those cases are currently being prosecuted. If you should have any questions, please do not hesitate to contact me. S' cerely, K �C' Duane Peters County Judge Brazos County Administration Bldg. • 200 S. Texas Ave. • Suite 310 • Bryan. Texas 77803 • Fax: (979) 3614176 LLOYD WASSERMANN Precinct 1 (979) 3614106 bvassermann000.brazosAx.us SAMMY CATALENA Precinct 2 (979) 3614115 scatalanaCco.brazosA c.us September 10, 2013 � F Or r a� � 4 N ♦ 1 O� O% BRAZOS COUNTY COMMISSIONERS COURT Honorable Tom V. Head Lubbock County Judge P.O. Box 10536 Lubbock, TX 79408 Dear Judge Head, E. DUANE PETERS County Judge (979) 3614102 dpeteraCco.brazos.bL us G. KENNY MALLARD Precinct 3 (979) 3614105 krna11ard@co.brazos.tx.us IRMA CAULEY Precinct 4 (979) 3614111 icauley®co.brezos.tx. us Please consider this notification that Brazos County will not be renewing its Interlocal Agreement (Public Defender for Capital Murder) for FY 2014 with Lubbock County. Please let us know if we need to provide any further documentation for those cases which were filed under the prior Interlocal Agreements entered into FY 2012 and 2013, as those cases are currently being prosecuted. If you should have any questions, please do not hesitate to contact me. Sincerely, Duane Peters County Judge Brazos County Administration Bldg. • 200 S. Texan Ave suite 310 _ • Bryan, Texas 77803 • Fax: (979) 3614176 COMMISSIONER COURT MINUTES OF SEPTEMBER 10, 2013 ARE CONTINUED IN VOLUME 186 PAGE 1 r. COMMISSIONER COURT MINUTES OF SEPTEMBER 10, 2013 ARE CONTINUED FROM VOLUME 185 Vol. Pg. �- J FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND ARTS COUNCIL OF BRAZOS VALLEY THIS AGREEMENT FOR THE FUNDING ( "Agreement ") is made and entered into by and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ( "ACBV "), and Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ( "County"). RECITALS: WHEREAS, County finds a public purpose in creating awareness of the fine arts among members of the public; and WHEREAS, ACBV provides assistance to local arts organizations of the County through funding support, advocacy, outreach, marketing and partnership building; and WHEREAS, ACBV provides programs involving education, cultural enrichment and heritage preservation of and for Brazos County residents and visitors; and WHEREAS, ACBV provides educational programs and opportunities to children, youth, adults and seniors through providing arts related programs, scholarships for young people, assisting County arts organizations in the development and institution of said educational programs; and WHEREAS, ACBV fosters creative learning, community involvement, quality of life and tourism through said above listed programs and activities; and WHEREAS, ACBV provides and maintains a public cultural facility and provides funding to member organizations, in part, for facilities acquisition and upkeep; and WHEREAS, ACBV through its funding programs has provided benefit to Brazos County, Texas through programs attracting over 100,000 participants, and resulting in significant purchases of goods and services from Brazos County, Texas merchants; and Aris Council of Brazos Valley Agreement a4 _A. Page I of5 "�I. WHEREAS, ACBV has provided funding to assist local performing, visual, educational and literary arts groups, (collectively "Services "). NOW. THEREFORE, COUNTY and ACBV hereby agree as follows: AGREEMENT ACBV through its programs, funding and support of member organizations agrees to provide the above enumerated services, which it has provided and agrees to continue to provide in support of arts, cultural and heritage organizations. IL County, for and in consideration of the services provided to County, hereby agrees to pay to ACBV a total payment of $8,000.00 ( "Funds ") for the year beginning October 1, 2013 and ending September 30, 2014. Payment of such sum will be paid upon receipt of invoice. III. ACBV agrees to provide an annual account of how the Funds were spent to meet the above described services. ACBV agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. IV. ACCOUNTING AND AUDIT ACBV agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. ACBV agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. ACBV agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. ACBV agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the ACBV under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of ACBV. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. Arts Council of Brazos Valley Agreement Page 1 of 5 The management letter shall identify issues that might not otherwise require disclosure in the ACBV annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third parry, all costs and expenses associated with said audit will be solely paid for by the ACBV. Annual financial statements (audited if available) are due to County within six (6) months of completion. V. RECORD RETENTION The ACBV shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with Federal and State law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the ACBV with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. VI. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VII. INSURANCE The parties hereto agree that the ACBV shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate Arts Council of Brazos Valley Agreement i86 Page 3 of 5 liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. VIII. COUNTY INVOLVEMENT The County and ACBV state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. Texas. IX. GOVERNING LAW This Agreement shall be executed in and shall be govemed by the laws of the State of X. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Arts Council of Brazos Valley 2275 Dartmouth Street College Station, Texas 77840 Brazos County Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Arts Council of Brazos Valley Agreement Page 4 of 5 i XII, SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the ACBV without the prior written consent of the County. WITNESS OUR HANDS this )G'day of 2013. as Arts Council of Brazos Valley, Inc. Brazos County, Texas Duane Peters, County Judge John Happ, Arts Council of Brazos Valley Agreement McQueen, County Clerk Page 5 of 5 FUNDING AGREEMENT BETWEEN BRAZOS CONTY AND BOYS & GIRLS CLUBS OF BRAZOS VALLEY THIS FUNDING AGREEMENT ( "Agreement ") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissoners hereinafter referred to as ( "County ") and BOYS & GIRLS CLUBS OF BRAZOS VALLEY, hereinafter referred to as ( "Club ") a non - profit organization dedicated to the improvement of Brazos County, and is effective October 1, 2013. RECITALS: WHEREAS, the Club conducts youth programming and activities within Brazos County; and WHEREAS the purpose of the Club shall be to provide opportunities for youth to grow as productive citizens of our communities; and NOW, THEREFORE, both parties agree to the following terms and conditions: AGREEMENT I. FUNDING The Club will be funded by the County in the amount of $45,000.00 ( "Funds ") for the term of this Agreement. II. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on the 1st day of October, 2013, and terminating on the 30th day of September, 2014. III. ACCOUNTING AND AUDIT The Club will provide, no later than March 31, 2014 and August 31, 2014, a detailed account of how the Funds were expended in comportment with this Agreement. The Club agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. In the event it is determined by Brazos County Commissioners Court that the Funds provided herein by the County to the Club have not been expended in comportment with this Agreement, this Agreement shall automatically terminate and the Club may be required to return to the County such Funds that were not properly expended. Boys & Girls Clubs afBrazas Valley Agreemeni Page 1 of The Club agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Club agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Club agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Club agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Club under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Club. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Club annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Club. IV. RECORD RETENTION The Club shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Club with funding. V. INDEMNITY The parties agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VI. INSURANCE The parties hereto agree that the Club shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. Boys & Girls Clubs of Brazos Valley Agreement Page 1 of 4 VII. COUNTY INVOLVEMENT The County and the Club state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. VIII. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. IX. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail to the other party at the following addresses: Boys & Girls Clubs of the Brazos Valley Ron Rolett P.O. Box 524 Bryan, TX 77806 X. IMMUNITY Brazos County c/o Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. XI. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Boys & Girls Clubs of Brazos Valley Agree / rage 3 of 4 H P9 -1: xu. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. XIV. ASSIGNABILITY This Agreement is not assignable by the Club without the prior written consent of the County. WITNESS OUR HANDS this loll' day of �k-m ber 2013. BOYS & GIRLS CLUBS OF BRAZOS VALLEY Ron Rolett, Authorized Representative BRAZOS COUNTY, TEXAS Duane Peters, Boys & Girls Clubs of Brazos Valley Agreement ATTEST: /l.Ce- aren McQueen, Brazos Coun y Jerk Page I of t FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND RESEARCH VALLEY PARTNERSHIP, INC. THIS FUNDING AGREEMENT ( "Agreement ") is effective October 1, 2013 by and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "County "), and the RESEARCH VALLEY PARTNERSHIP, INC., a Texas non - profit corporation (hereinafter referred to as "RVP "). RECITALS: WHEREAS, the Commissioners Court of Brazos County desires to stimulate business and commercial activity in the County; and WHEREAS the County wishes to contract with RVP as its agent pursuant to TEX. LOC. GOVT CODE ANN. §381.004 to administer the County's program for local economic development (herein the Brazos County Economic Development Program); and WHEREAS, the County desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and WHEREAS, it is important to the County to attract and expand business, commercial and industrial enterprise in order to accomplish this purpose; and WHEREAS, RVP is an agency with specific expertise in the field of economic development and administering governmental economic development guidelines; and WHEREAS, the County has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. THEREFORE, in consideration of the mutual understandings and agreements set forth, the County and RVP agree as follows: AGREEMENT: ARTICLE I Qualifications of the RVP 1.1 The RVP represents that: 2014RIPAgreemen! V0 I. Page l of (a) The RVP is a non - profit entity that is authorized and experienced in the administration and furtherance of economic development programs in all or a portion of the County; (b) The RVP has expertise and skills to attract new businesses to the County, to encourage the expansion of existing businesses in the County, or to retain existing businesses in the County, pursuant to the County's economic development guidelines and Chapters 311, 312 and Sections 381.003 and 381.004 of the Texas local Government Code; (c) The RVP shall cooperate with and use the services of the Texas Department of Economic Development. ARTICLE II Definitions 2.1 "Economic Development Guidelines" means the County's financial criteria on file used to determine qualification for receiving Incentive Funds. 2.2 "Project Performance Standards" means individual performance terms and requirements established by agreement between the County and any employer /business to receive Incentive Funds. 2.3 "Program Projects" means uses of the Incentive Funds, or a portion thereof, as approved by the County, to provide incentives or assistance to businesses /employers which results in the public purpose of economic development, diversification, expansion, and employment being served, pursuant to the County's Economic Development Guidelines. 2.4 "Program Standards' means standards that an employer /business must meet in order to qualify for Incentive Funds. ARTICLE 111 Term 31 The term of this Agreement is for one (1) year, being effective as of October 1, 2013, and ending on September 30, 2014, (the "Present Term "), unless earlier terminated as provided herein. 3.2 Either party may terminate this Agreement on sixty (60) days prior written notice to the others. 3.3 Upon receipt of any termination, the County agrees to continue funding a program project that had been previously approved by the County. 2014R7IPRgreemene F-0-1 G_ 1e P9 - Page 2of9 ARTICLE IV Administration Services 4.1 RVP agrees to provide all administrative services necessary to administer the County's Economic Development Program and program standards set forth herein. 4.2 Pursuant to the authority granted in Chapter 381 of the Texas Local Government Code, the administrative services to be provided include, but are not limited to: (a) corresponding with and negotiating with potential or existing business /employers for Program Projects that will develop, diversify and /or expand the Brazos County economy, develop or expand transportation or commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. (b) establishing Project Performance Standards for each Program Project that are consistent with the Program Standards set out in the County's Economic Development Program and herein; (c) obtaining contracts between the County and businesses /employers for Program Projects whereby the businesslemployer agrees to meet the County's Project Performance Standards, and which provide assurances that the County's Project Performance Standards will be met; and (d) compliance with all requirements of this Agreement. 4.3 The RVP shall receive the sum of Three Hundred Fifty Thousand and No /100 Dollars ($350.000.00) as compensation for the administrative services to be provided hereunder (herein the "Administration Funds "). County shall pay such sum on a monthly basis by paying the RVP one - twelfth (1/12) of the total sum referenced above. ARTICLE V Incentive Funding 5.1 County has appropriated Three Hundred Thirty Thousand Six Hundred Sixty -Seven No/100 Dollars {$330.667.00) ( "Incentive Funds ") for the purpose of funding Economic Development Grants entered into by the County under its Economic Development Program. The Incentive Funds shall be divided and designated as follows: (a) $211,667.00 of the Incentive Funds shall be appropriated for those Economic Development Grants under which the County is currently obligated; and Vol. Pra 2014 RYP Agreement Page 3 of (b) $119,000.00 of the Incentive Funds shall be appropriated as new cash incentives, which may be used to promote future local economic development and stimulate commercial activity in the County. Incentive Funds have been budgeted for the current fiscal year and are payable out of current revenues. 5.2 Payments of Incentive Funds shall be made as approved and directed by the County to the qualifying businesslemployer under approved Program Projects. 5.3 The County Incentive Funds provided for in this Agreement shall be used only in accordance with the Brazos County Economic Development Guidelines and program standards. ARTICLE VI Use of Incentive Funding 6.1 The County's Program administered by the RVP hereunder consists of the use of the County's Incentive Funds to develop and diversify the Brazos County economy, to eliminate unemployment or under - employment, and to expand the local economy, pursuant to Standards and Guidelines set forth in the Brazos County Economic Development Guidelines. 6.2 Program Standards. The RVP shall not recommend to the County that an applicant business /employer receive Incentive Funds unless the applicant business /employer meets or exceeds the following standards: (a) is authorized to do business in the State of Texas; (b) is current and in good standing on all state, local and federal taxes, assessments and /or fees; (c) is not in bankruptcy; (d) is an Equal Employment Opportunity Employer with policies in place and practiced which prohibit discrimination in employment based on race, sex, age, national origin, creed, religion, or disability (unless based on bona fide occupational reason or a reason exempted or approved by the Americans With Disabilities Act and the regulations promulgated thereunder); (e) agrees by written contact directly with the County to meet performance criteria established by the County in accordance with the County's Program Standards (hereinafter "Project Performance Standards ") as to the establishment, expansion, or improvement of business operations in Brazos County, Texas and/or the employment of residents of the County. ?014 RIT Agreement — — _ - _ —_ Rage 4 of 9 (f) complies with the current County Economic Development Guidelines for financial assistance, including the grant to the County of the right to review and verify the applicant business /employer's financial statements prior to the grant of any incentive and to review the financial condition of the project during the term of any incentive, including the right to send representatives from the County Appraisal District to inspect any facilities of the applicant business /employer to verify the accuracy of information provided for the economic incentive. Provisions to this effect shall be incorporated in every agreement between the applicant business /employer and the County; (g) if the proposed program project does not meet the specific job retention /creation requirements set forth in (f) above, other positive effects on the local economy of the proposed program project may be taken into consideration and approved by the County, as recommended by RVP, in determining whether to pursue funding of a program project. These include: (i) the impact of the Program Project on economically disadvantaged individuals. An economically disadvantaged individual is an individual who: (1) was unemployed for at least three (3) months before obtaining employment with the qualified business; (2) receives public assistance benefits, including welfare payments or food stamps, based on need and intended to alleviate poverty; (3) is an economically disadvantaged individual, as defined by Section 4(8), Job Training Partnership Act (29 U.S.C. Section 1503(8)); (4) is an individual with handicaps, as defined by 29 U.S.C. Section 706(8); (5) is an inmate, as defined by Section 498.001 of the Government Code; (6) is entering the workplace after being confined in a facility operated by the institutional division of the Texas Department of Criminal Justice or under contract with the Texas Department of Criminal Justice; /� Page 5of9 2014 RVP Agreement Pg (7) has been released by the Texas Youth Commission and is on parole, if state law provides for such a person to be on parole; or (8) meets the current low income or moderate income limits developed under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 14376, et seq.). the need for the product/service provided by the business /employer in the local area; (iii) the estimated multiplier effect on the local economy of the Program Project either due to the level of wages paid or the injection of outside funds into the local economy (i.e., tourism, capital expenditures, purchasing or materials from local businesses, etc.); and (iv) the creation of part -time positions, and/or (v) capital expenditures which have a material and direct positive impact upon the local economy by providing the following benefits: 1. increases in the local tax base; 2. creation of ancillary jobs and/or jobs for economically disadvantaged individuals; 3. attraction of other businesses; 4. creation of new sales tax revenues; 5. commercial development of new and existing areas; 6. defining, enhancing and /or redefining job skill level of locally available work force. If such considerations indicate that the benefit to the local economy meets or exceeds that which would be gained by the business /employer employing and /or retaining the number of employees required for the level of funding under subsection (e) above, the RVP may consider such business as qualifying and therefore recommend such businesslemployer to the County upon the approval of the Board of Directors by a 75% or more favorable vote (9 of 12). (h) All contracts for Program Projects must be in a form approved by the County and County's legal counsel. The contract must include, but is not limited to, provisions: (i) containing the Program Project Performance Standards applicable to the business /employer, and the business /employer's agreement to comply therewith in a set time - frame; Eol. /_��..___ Pg' /� Page 6 of 70) 4 RVP Agreement (ii) requiring periodic documentation of the business /employer's compliance with the Project Performance Standards, and giving the RVP and the County the right to inspect its operations and books to confirm the business /employer's compliance with the Program Project Performance Standards; (iii) requiring the repayment directly to the County within sixty (60) days of demand of the funds appropriated to the Program Project by the County if the applicant business /employer fails to meet the County's Project Performance Standards or otherwise is in material breach of its Agreement with the County, and giving the County the right to sue the applicant business /employer to enforce the contact between the County and the business /employer, and to recover all attorney's fees and costs incurred in doing so; (iv) requiring the business /employer to make draw requests for the funding from the County, which requests must show in detail how the money and /or property will be applied /used, or for what the reimbursement is sought, and which contain such documentation as is required by the County; and (vi) requiring compliance with all applicable laws regarding the provision of equal employment opportunities. ARTICLE VII Accounting 7.1 RVP agrees that Brazos County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. RVP agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. RVP agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. RVP agrees that Brazos County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to RVP under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of RVP. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the RVP annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the RVP. Pg Page 7 of 2014 RVP Agreernenl Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. ARTICLE VIII Miscellaneous Terms 81 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. Notice to the County shall be sent to: Duane Peters, County Judge Brazos County Administration 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 Notice to the RVP shall be sent to: Todd McDaniel, President and CEO Research Valley Partnership, Inc. 1500 Research Parkway, Suite 270 College Station, Texas 77845 8.2 Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 8.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing, and executed by a duly authorized representative of each party. 8.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 8.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture, partnership or employee - employer relationship and that neither party shall have the authority to bind or incur liability to the other without the other's prior written permission. Furthermore, the RVP shall be considered an independent contractor agent for the sole and limited purpose only of administering the County's economic development guidelines and program project standards pursuant to the grants 2014 R!'P Agreemen! .. !` Pq %�� Po�aof9 of authority given the County under Chapter 311, 312 and 381 of the Texas Local Government Code. 8.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. 8.7 Venue. The place of performance of this Agreement is Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Brazos County, Texas. 8.8 Entire Agreement and Binding Authority. This Agreement supersedes and constitutes a merger of all prior oral and /or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their successors, agents and assigns. 8.9 Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. BRAZOS COUNTY, TEXAS By: vane Peters, County Judge Attest: By: E Karen McQueen, County Clerk RESEARCH VALLEY PARTNERSHIP, INC., a Texas non -profit corporation By: Ivan Olson, Chairman of the Board P� 1014 RVP Agreement II Page 9 of 9 1. r FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 THIS AGREEMENT FOR FUNDING ( "Agreement ") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County "), and the BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 (hereinafter "District "), located in Bryan, Texas, and is effective October 1, 2013. RECITALS WHEREAS, the District, and County do hereby enter into a contractual agreement for the District to provide soil and water conservation services to the residents of Brazos County and to the County proper. The District as the recipient, shall furnish to the County's Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the County Auditor to properly account for all funds expended or received by the District; and WHEREAS, those services will include, but not be limited to, erosion control, water management, and rural development ( "Services "). This will be carried out by planning and application through informal agreements with land users, or, as required by Federal or State law. An information and recognition program will be used to inform the public. Technical assistance is utilized through a Memo of Understanding between the District and the USDA' - Natural Resources Conservation Service; and WHEREAS, erosion control will keep the land productive for its various uses for many generations. Sediment resulting from erosion clogs our local streams reducing water carrying capacity and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into our local streams and rivers. Conservation practices consist of erosion control structures, erosion control ponds, gully shaping, diversions, vegetating old fields, proper management of grazing resources; and WHEREAS, water management includes recommendations for proper irrigation, flood control, and water quality. Irrigated crops account for 75% of all water used. Proper irrigation saves that resource for tomorrow's uses including domestic consumption. Proper irrigation helps to keep agriculture pollutants from entering underground water supplies. Conservation practices include total evaluation of irrigation systems and application procedures, precision land leveling, and underground pipelines. Water management includes floodplain management; and WHEREAS, the District's role in rural development in Brazos County is in providing fire protection utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal, as well as provide a reliable source of water to fight rural fires. Farm ponds provide the water and we plan the dry hydrant system. The District is Brazos County Soil & {hater Conservation District Agreement Page I of 4 f'9. _ f evaluating the use of artificial wetlands to replace septic tank filter fields. The prospects are very promising, but, much work remains to be done before this technology can be implemented. Water quality in rural Brazos County will be greatly enhanced if this method can be used. WHEREAS, the District and the County have interacted ever since the inception of the District in 1942. Many conservation problems affect not only the individual landowner but the County itself. NOW THEREFORE, the parties agree to the following terms and conditions. AGREEMENT PAYMENT AMOUNT FOR FY 2013 County hereby agrees to pay the District a total payment of $4,000.00 ( "Funds °) for the year beginning October 1, 2013 and ending September 30, 2014 for services provided to the County. Payment of such sum will be paid upon receipt of invoice. ACCOUNTING AND AUDIT The District agrees that Brazos County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this'Agreement. The District agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The District agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably -have information related to such records. The District agrees that Brazos County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the District under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the- records of the District. If an independent financial audit is performed, a management-letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the District annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the District. Brazos County Soil & Water Conservation District Agreemeni Pg. Page 2 of 4 Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the District shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. COUNTY INVOLVEMENT The County and District state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos County SWCD 3833 South Texas Avenue, #112 Bryan, TX 77802 Brazos County Commissioners Court Brazos County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 Brazos Counly Soil & Water Conservation District Agreement Page 3 of 4 Pge2�l� -� FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the District without the prior written consent of the County. 910113 (DATE) Duane Peters, ounty Judge Brazos County, Texas ATTEST: e- Karen McQueen, Brazos County Clerk OP-) 9 - / � (DATE) Preston J. Ruffinvo III, man Brazos County SWCD #450 Bravos County Soil & Water Conservation District Agreement �4% pg, Page 4 of 4 AGREEMENT THIS AGREEMENT ( "Agreement ") made this I0 day of 2013 by and between the DISPUTE RESOLUTION CENTER - CENTRAL BRAZ'OS VALLEY, INC. hereafter referred to as "DRC" and the BRAZOS COUNTY COMMISSIONERS COURT, hereafter referred to as the "Commissioners Court," is made on the following terms and conditions: This Agreement is for one (1) year and shall begin on the first day of October, 2013 and continue through the last day of September, 2014. For and in consideration of the sum of $7,500 to be paid in one single payment of $7,500, the DRC agrees to perform the following services: • The DRC agrees to provide a maximum of four (4) separate mediation sessions to the Commissioners Court or designated department or offices of Brazos County during the term of this Agreement. A mediation session is defined as a session of not more than three (3) hours supervised by a trained mediator. In addition the DRC agrees to train (1) Brazos County employee in each regular or family law mediation training offered by the DRC, without cost to Brazos County or the employee. For each mediation session scheduled under the terms of this Agreement, the DRC will provide a location to hold the mediation, preferably in its offices located at 3211 A South Texas Ave., Bryan, Texas, or at such other convenient location which might be available. For any such mediation session held away from the DRC offices, the DRC shall be reimbursed for any such costs or rental fees incurred in holding the mediation. The DRC may at its discretion, provide additional sessions without charge to Brazos County on a limited basis. Except as other wise stated, any additional sessions that may be required, will be compensated for by the Commissioners Court at the regular rate for scheduled mediations as adopted by the DRC. 3. The purpose of this Agreement is to make the services of the DRC available to the Commissioners Court and to the employees of Brazos County in such instances where the services may be of benefit to Brazos County, Texas, or its employees. 4. DRC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. DRC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. DRC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. DRC agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the DRC under prior Agreements. VoL Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of DRC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the DRC annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the DRC. Annual financial statements (audited if available) are due to County within six (6) months of completion. 5. This Agreement is executed in and performed in Brazos County, Texas. 6. This Agreement is subject to the Public Information Act, TEX. GOVT CODE ANN., Chapter 552. BRAZO De NTY By: Peiers, Br zos County Judge DISPUTE RESOLUTION CENTER - CENTRAL BRAZOS VALL Y By.- Name:NoWta2a M.31_> Efcmar�� Title: Fx c 'hu • -��¢�� �y FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND KEEP BRAZOS BEAUTIFUL, INC. This Agreement for Funding is by and between Brazos County, hereinafter referred to as ( "County") and KEEP BRAZOS BEAUTIFUL, Inc. hereinafter referred to as ( "Keep Brazos Beautiful') a non - profit organization (" Agreement"). RECITALS WHEREAS, Keep Brazos Beautiful is a volunteer environmental educational organization dedicated to contributing to the economic vitality, safety, health and quality of life in Brazos County through programs that educate and engage Brazos County citizens to keep our community clean, green, and beautiful, by preventing and cleaning up litter and illegal dump sites, recycling, minimizing waste, beautifying and improving their surroundings; and WHEREAS, the Brazos County Commissioners Court is authorized to spend money from the County general revenues for public health and sanitation; and and WHEREAS, the prevention of public or private litter serves to improve the public health; WHEREAS, Keep Brazos Beautiful aids the County in accomplishing that purpose. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual consideration recited and acknowledged herein, the parties agree as follows: AGREEMENT Keep Brazos Beautiful shall provide services to the County as follows; A. Assist in training area youth and adults in area schools, museums, civic clubs, etc. on the importance of litter prevention, recycling, reuse, and buying recycled products, conservation of resources, the proper care and planting of trees and maintain a lending library to assist in teaching about a variety of environmental issues. B. Provide positive environmental leadership and volunteer opportunities to Brazos County youth and adults. C. The Executive Director shall serve on the Solid Waste Advisory Committee of the Brazos Valley Council of Governments to promote environmentally sound waste management practices in the Brazos Valley. D. Perform an annual "Litter Index" survey of the County and provide the scores to the Commissioners' Court. Organize volunteers to assist in cleaning litter and illegal dump sites each spring throughout County. Act as an information resource to citizens, law enforcement Keep Brazos Beautiful Agreement Page ! of 3 Vol. —��` pg. �_ —� officials, prosecutors and the Commissioners Court about issues relating to litter and illegal dumping in Brazos County . F, Promote the "Adopt a Road" and "Adopt a Highway" programs in the County. G. Promote a "Memorial TREES Program" to plant trees in the County and host an annual Arbor Day Celebration. H. Plant wild flower seeds along public roadways in the County. I. Educate the community on the need to recycle and to buy recycled products through the use displays, public speaking engagements, and the 'Texas Recycle Day" events. J- Act as a clearing house for information for area residents on recycling and provide information concerning Citizen Collection Stations in rural areas of the County as requested. K. Assist in the publicity for the yearly Christmas tree, telephone book recycling and household hazardous waste collection events. L. Provide positive reinforcement through a variety of award programs such as the Business and Residential Beautification Awards, Miller Youth Award, and Annual Environmental Awards. 1. Keep Brazos Beautiful will be funded by the County in the amount of $15,000.00 for the term of this agreement. Z This Agreement shall be for a term of twelve (12) months commencing on the 1'r day of October, 2013, and terminating on the 30u' day of September, 2014. 3. Keep Brazos Beautiful agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Keep Brazos Beautiful agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Keep Brazos Beautiful agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Keep Brazos Beautiful agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Keep Brazos Beautiful under prior Agreements. 4. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of Keep Brazos Beautiful. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Keep Brazos Beautiful annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos Keep Brazos Beautiful Agreement Page 2 of 3 Evo,7-7! ( Pg. � County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Keep Brazos Beautiful. 5. Annual financial statements (audited if available) are due to County within six (6) months of completion. 6. Keep Brazos Beautiful shall submit a financial statement to the County annually. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY: Brazos County, c/o Commissioners Court 200 South Texas Avenue, Ste, 310 Bryan, Texas 77803 KEEP BRAZOS BEAUTIFUL, INC.: Sam White, Acting President 213B South Main Bryan, Texas 77803 8. It is understood and agree that the County's participation in Keep Brazos Beautiful is limited to the contribution of funds. County, at no time, shall be liable or responsible for acts of Keep Brazos Beautiful its agents or employees. Keep Brazos Beautiful at no time shall be liable or responsible for acts of the County, its agents or employees. 9. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the portion of the Agreement to b erminated. SIGNED this day of KEEP RAMS AU I BRAZ OUNTY Am a d, Executive Dire for Peters, County Judge ATTEST: President Of the Board of Directors a n McQueen, Coun y Clerk Keep Bmzor BeavJiful Agreement iVal , Pg. --o — i Page 3 of3 AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. October 1, 2013 — September 30, 2014 is Agreement for Animal Shelter Services ( "Agreement') is made this )& day of 2013 by and between The Aggieland Humane Society, Inc., a Texas non- rofit corporation (herein the "Shelter ") and Brazos County, Texas, a political subdivision of the State of Texas acting by and through its duly elected Commissioners Court (herein "County"). RECITALS Whereas, the Shelter operates a facility currently located at 5359 Leonard Road, Bryan, Brazos County to house stray, unwanted or abandoned animals (herein the 'Facility"); and Whereas, the County has a need of a facility to house animals, other than livestock, that it takes possession of throughout the County; Now: THEREFORE KNOW ALL BY THESE PRESENTS, that for and in consideration of the mutual covenants herein expressed, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. The County agrees that all animals, other than livestock, seized within its jurisdiction by its duly appointed agents, may be delivered to the Facility, there to be impounded under the exclusive control and custody of the Shelter for periods of time as required by State law and the applicable County orders except as hereinafter set forth, but in no circumstances less than three (3) days unless determined by a certified euthanasia technician that euthanasia is necessary. 2. The County agrees to pay to the Shelter an annual fee of $95,000.00 based upon the term of the Agreement. The fee shall be divided into twelve (12) payments to be paid monthly. 3. The COUNTY shall and does hereby assign to the SHELTER those fees collected for the registration of dogs and cats within Brazos County commonly referred to as 'license fees." The SHELTER shall administer the County License program (Registration of Dogs and Cats, Texas Health and Safety Code §826.031). 4. The County represents to the Shelter that it has in force orders providing for the vaccination and licensing of animals under appropriate circumstances, providing for impounding of nuisance animals running at large, and that while this Agreement is in effect, such orders will be continued in force, provided, however, that such orders may be modified from time to time as the County deems appropriate. AGREEMENT FOR ANIMAL SHELTER SERVICES Bravos Count) and Aggieland Humane Society. Inc. October I, 2013 — September 30, 2014 /� Pg. 5. The County agrees that every animal delivered to the Shelter in accordance with this Agreement, shall become the sole and exclusive property of the Shelter upon its delivery to the Shelter (subject to reclamation by the owner), so that neither the County nor any agency nor agent of the County, nor of the State of Texas, nor any institution, corporation nor individual shall have any claim or right to any animal not so claimed and redeemed. The County agrees, that the Shelter shall have the undisputed right, consistent with the orders of the County, to humanely dispose of every animal given into its custody in accordance with the Shelter's principles as follows: a. To place animals in the care, custody and control of new owners: and b. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care, custody and control of new owners. 6. The Shelter agrees to accept each and every animal delivered to the Facility located in Brazos County, Texas by the agents of the County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Shelter provides for all other animals which may come into its care, custody and control. The County shall not accept a surrender of ownership of an animal by its owner in the field. 7. The Shelter agrees to accept each and every stray animal delivered to the Facility located in Brazos County, Texas by the residents of the unincorporated areas of Brazos County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Shelter provides for all other animals which may come in to its care, custody and control. 8. The Shelter agrees that it will make its Facility available to the County during its open hours and during periods of closure for the purpose of delivering animals to the Shelter. 9. The Shelter agrees to provide to the County on or before the last day of each month during the term of this Agreement a statement of the number of dogs, cats and miscellaneous animals received by the Shelter from the County or otherwise retrieved from Brazos County, and the number of dogs and cats issued County tags during the preceding calendar month. 10, The County reserves the right to require an audit of the records of the Shelter at any time deemed necessary for the limited purpose of verifying the number of animals registered or licensed and the number of animals attributable to the County and the length of stay of each such animal. 11. It is mutually agreed that the Shelter shall provide facilities for rabies observation for at least six (6) dogs and eight (8) cats. Animals delivered to the Shelter by the County for rabies observation shall be isolated for a period of time in accordance with State law. AGREEMI;NT FOR ANIMAL SHELTER SERVICIS arazos County and Al I lumanc Society, Inc. October], 2013 — Sepiember30, 20(4 12. In the event animals are being held by the Shelter as a result of a cruelty, seizure or a legal hold has been placed upon the animals as a result of a criminal prosecution, the County shall reimburse the Shelter for any veterinarian invoices and medical bills incurred by the Shelter until the Court either awards the anima! to the Shelter, orders it destroyed or orders it returned to its owner. The County shall not be liable for these costs in the event a court of competent jurisdiction orders the animal owner to pay such costs. 13. Shelter shall at all times relevant to the fulfillment of this Agreement have, keep, and maintain insurance covering general liability, worker's compensation if required by State law, and automobile liability. Worker's Compensation insurance shall be at statutory limits, including employer's liability coverage at minimum limits of $500,000.00 each accident. Such policy will contain a waiver of subrogation in favor of the County. The General Liability insurance shall have a minimum combined single limit for bodily injury, personal injury, and property damage of $1,000,000.00 per occurrence and shall name the County as an additional insured. Automobile Liability insurance shall be continuously held with limits for bodily injury and for property damage of not less than $1,000,000.00 on all self - propelled vehicles used in connection with the animal control operation, whether owned, non -owned or hired. Copies of certificates evidencing such insurance as herein required shall be sent to the County for its records. The Shelter agrees, to the extent allowed by law, to indemnify and hold harmless the County from all claims, damages, or causes of action which might arise from any obligations of Shelter as outlined herein, and Shelter specifically agrees to indemnify the County against all claims, damages or causes of action which might arise as a result of acts, omissions County for respondeat superior or vicarious liability, arising out of Shelter's obligations under this Agreement. 14. The Shelter shall at all times m performance of its Agreement be considered as an independent contactor. Such status shall apply to all of the Shelter's officers, agents and employees and in no event shall the Shelter's officers, agents or employees be considered an employee of the County. 15. In the event the County fails to remit to the Shelter the fees due hereunder, the County shall be in default. The Shelter shall terminate the Agreement for non - payment of fees if the County has not cured the default after thirty (30) day written notice. 16. TAX EXEMPT STATUS: As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. AGREEMENT FOR ANIMAL. Si IFI. HR SERVICES Bmaos county and Aggielaad I urnace Socien'. Inc. October 1. 2013 — September 30, 2014 3 Kol__� �6 _. pq. 3/ 17. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit fled against County shall be Brazos County. 18, DISPUTE RESOLUTION: The dispute resolution process provided in Chapter 2009, Texas Government Code, and the related rules adopted by the Attorney General pursuant Chapter 2009, shall be used by County and Shelter to attempt to resolve any claim for breach of contract made by Shelter that cannot be resolved in the ordinary course of business. Shelter shall submit written notice of a claim of breach of contract under this Chapter to the County Attorney — Civil Division of Brazos County, who shall examine Shelter's claim and any counterclaim and negotiate with Shelter in an effort to resolve the claim. 19. LIMITATIONS: The parties are aware that there are constitutional and statutory limitations on the authority of the County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on County property; disclaimers and limitations of warranties, disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability or acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any terms and conditions related to the Limitations will not be binding on the County except to the extent authorized by the laws and Constitution of the State of Texas. 20. AUDITS: All records relating to the service provided under this Agreement and supporting documentation for invoices submitted to County by the Shelter shall be retained and made available by the Shelter for audit by County, its duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Shelter and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Shelter shall comply with such changes. County shall inform the Shelter in writing of the retention periods established by State and federal law applicable to such records and shall provide written notice if changes occur to such retention requirements. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Shelter shall retain such records until the audit is concluded and all issues resolved. Shelter shall provide County with copies of such audits that are conducted with respect to the Agreement. 21, AUDIT RESPONSIBILTY: The Shelter shall be responsible for receiving, replying to andlor complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this Agreement. The Shelter shall repay to County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Shelter recognizes and agrees that County may withhold any AGREEMENT FOR ANIMAL SIiELTER SERVICES menus County and Aggieland Humum Society. Inc. Octoher I, 2013 — September 30, 2014 4 Vol. _�l� Pg. 3� money due and recover through any appropriate method any money erroneously paid under this Agreement if evidence exists of less than full compliance with this Agreement. 22. This Agreement is not assignable by either party. 23. This Agreement shall be for a term of one year commencing on October 1, 2013, and terminating on September 30, 2014. Either party may cancel this Agreement upon thirty (30) days written notice to the non - cancelling party. IN WITNESS WHEREOF, the said County and the said Shelter have hereunto caused their representative corporate names and seals to be hereunto subscribed and affixed by their representative officers first thereunto duly authorized as of the date hereinabove first written. ATTEST: Karen McCueen, County Clerk AGREEMENT rOR ANIMAL SHELTER SERVICES Owns County and AggieWd Humane Sucicty. Inc. October 1. 2013 — Scptcmbcr 30, 2014 5 ('b AZO OU TY, TEXAS Du a Peters, County Judge AGGiELAND /�` Pg._S�u_ FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY FOOD BANK, INC This Funding Agreement ( "Agreement "), effective October 1, 2013, by and between Brazos County, hereinafter called the "County ", and the Brazos Valley Food Bank, Inc., hereinafter called the "Food Bank ". IB:1yrr_WI WHEREAS, the Food Bank acquires food for distribution through other nonprofit agencies to moderate and low income persons who are food insecure and at risk of hunger and malnutrition; and WHEREAS, the purpose of the County is to ensure that all children, individuals, families and seniors, especially those who are moderate to low- income, are food secure, meaning that people have access at all times to enough food for an active, healthy and productive life. NOW THEREFORE, both the County and the Food Bank enter into this Agreement to maximize the effectiveness of their co stewardship of citizen's dollars and donations and, i covenants, terms and conditions herein contained, the following: AGREEMENT mmon goal and show good n consideration of promises, parties mutually agree to the TERM OF AGREEMENT: The term of this Agreement shall be for a period of approximately one (1) year beginning on October 1, 2013 and terminating on September 30, 2014. FUNDING: The County will provide funding of $7,700.00 to the Food Bank to the benefit of the moderate and low income citizens of the community. INFORMATION FUNISHED BY FOOD BANK: Food Bank agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Food Bank agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Food Bank agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Food Bank agrees that County, or its designated representative, shall further have the right to review and to copy any Brazos Valley Food Bank, Inc. Agreement / Page I of f VII. _ % �f� P9•�� records and supporting documentation for prior years in which County provided funds to the Food Bank under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Food Bank. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Food Bank annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Food Bank. Annual financial statements (audited if available) are due to County within six (6) months of completion. ELIGIBILITY GUIDELINES: Food Bank will ensure that food products received from or through other agencies in furtherance of this agreement will be made available to those eligible persons as defined by the most recent eligibility guidelines established by the State of Texas and its responsible agencies. Food Bank will verify recipient income eligibility by either requiring proof of income or by self - certification that recipient(s) meets income guidelines. RECORDS: Food Bank agrees to complete intake and assessment on eligible households and maintain all records for a period of three (3) years. FITNESS FOR HUMAN CONSUMPTION: Food Bank accepts full responsibility for the purity and fitness for human consumption of any and all items distributed in its name or through other entities or agencies with which it may contract. LIABILITY DISCLAIMER AND RELEASE AGREEMENT: Food Bank releases County and holds it free and harmless against all and any liabilities, damages, losses, claims, causes of action and lawsuits or equity obligations whatsoever arising out of or attributed to any distribution and use of foods. ASSIGNMENT: Food Bank may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the prior written consent of County. FISCAL FUNDING CLAUSE: The - obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, Brazos Valley Food Bank, Inc. A __ Page 1 of 3 v�l / S4 terminate this Agreement by written notice to the Food Bank at the earliest possible time under the circumstances. DEFAULT: Any violation or breach of the provisions herein may result in termination of this Agreement. GOVERNING LAW AND VENUE. The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County, Texas. SEVERABLITIY: In the event that a court finds any provision of this Agreement invalid and /or unenforceable, both parties agree the remaining provisions shall remain valid and in force. SIGNED this tn-" day of 12013. BRAZOS COUNTY BRAZOS VALLEY FOOD BANK, INC. —Oki aris_r�__ DAR4 Peters, Co my Judge The a Mangapo , Executive Director q�l oll 3 Date ATTEST: Karen McQueen, County Clerk Date ¢/ 8/ i3 Brazos Valley Food Bank, Inc. Agreemen ------------- - - - - -- - - - Page 3 of 8� 36 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY HISTORICAL COMMIS This is an Agreement for Funding ( "Agreement ") by and between Brazos County hereinafter referred to as ( "County ") and the BRAZOS COUNTY HISTORICAL COMMISSION, hereinafter referred to as ( "BCHC ") a commission dedicated to the improvement of Brazos County. RECITALS WHEREAS, County historical commissions are a vital link in Texas' preservation network. Few other states have a built -in mechanism that makes possible a preservation organization in every county; WHEREAS, the BCHC has the statutory responsibility to initiate and conduct programs suggested by the Brazos County Commissioners' Court and the Texas Historical Commission ( "THC '). WHEREAS, BCHC has worked co- operatively with the Brazos County Commissioners' Court, THC, local governments, local non - profit organizations and individual citizens to preserve Brazos County's heritage for the use, education, enjoyment and economic benefit of present and future generations in Brazos County. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties agree as follows: AGREEMENT BCHC Responsibilities BCHC, shall provide services to the County as follows: A. Actively promote the interest in and appreciation of the rich history of Brazos County by encouraging individuals, organizations, businesses, and others to submit applications for historical markers for buildings, organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County. Support other groups and events that have the same goal. County Responsibilities A. BCHC shall be funded by the County in the amount of $5.000.00 for the term of this Agreement. This Agreement shall be for a term of twelve (12) months commencing on the 1st day of October, 2013, and terminating on the 30th day of September, 2014. Brazos County Historical Commission Agreement Page I of E01 3117 BCHC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BCHC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BCHC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BCHC agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the BCHC under prior Agreements. C. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BCHC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the BCHC annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BCHC. D. Annual financial statements (audited if available) are due to County within six (6) months of completion. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY BCHC Brazos County Henry Mayo c/o Commissioners Court Chairman 200 South Texas Avenue, Ste., 310 P.O. Box 9169 Bryan, Texas 77803 College Station, Texas 77842 -9169 Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the potion of the Agreement to be terminated. Brazos Counry Historical Commission Agreement Page 2 of 3 —d - P9 O SIGNED this PL day of ALA&4SsY 2013. BRAZOS COUNTY HISTORICAL COMMISSION By: 4;z�& Henry Ma o, Chairman BRAZOS COUNTY By: � 4 C4 L Dua - Peers, Cou ty Judge Brazos County HLrtorLal Commission Agreement ATTEST: 4-aaeJ Karen McQueen, County Clerk Page 3 aj3 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY This Agreement for Funding ('Agreement ") is by and between Brazos County, Texas (hereinafter "County ") and the Mental Health Mental Retardation Authority of Brazos Valley, (hereinafter "MHMR "), a Texas non - profit 501(c)(3) corporation for a period of 12 months beginning October 1, 2013 and ending September 30, 2014. RECITALS WHEREAS, MHMR is a public non - profit community center serving all residents of Brazos County with the administrative responsibility and authority to provide a continuum of mental health and mental retardation services and early childhood intervention services through available resources to eligible individuals residing in Brazos County; WHEREAS, to assist in accomplishing the above stated public purposes, MHMR coordinates activities of early childhood intervention and mental health and mental retardation coverage in Brazos County, Texas; and WHEREAS, the County desires to assist MHMR in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental illness or mental retardation or for families with children, birth to age three, with disabilities and developmental delays residing in Brazos County by contracting with MHMR for the period beginning October 1, 2013 and ending September 30, 2014, for the specific services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation, and early childhood intervention services to be provided to the County by MHMR, and in compliance with the terms of this Agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: AGREEMENT ELIGIBILITY CRITERIA: This Agreement contemplates services provided to; 1) Individuals who permanently reside within Brazos County; 2) Who have been determined through the MHMR screening process to be in need of mental health, mental retardation, or early childhood intervention services; and, 3) Who have been determined by MHMR in a fee assessment procedure to be unable to pay for the needed mental health, mental retardation, or early childhood intervention services. MHMR warrants that the eligibility determination (ability to pay or availability of any third party pay and residency eligibility) is the responsibility of MHMR and such determination shall be made by MHM R prior to, or at the time of the provision of services. ,NHMRAgreement Page 1 of MHMR further warrants that Brazos County shall not be billed for and shall not provide reimbursement for any services provided by MHMR to non - residents of Brazos County or any insured individuals with coverage for such services. MHMR will maintain records of insured status for all hospital admissions. RESPONSIBILITIES OF BRAZOS COUNTY: 1) Pay to MHMR an (not to exceed) annual total reimbursement of $90,000.00 ( "Funds "), to be paid to MHMR as follows: a) $50,000.00 for the Early Childhood Intervention Program ( "ECI ") based on the local "maintenance of effort" which requires local dollars to match $1,690,329.00 in federal and state ECI dollars, and b) $24,000.00 for Rehabilitative Case Management which includes psychiatric crisis related services, which is part of the local match requirement, and c) $16,000.00 for administrative support services. 2) It is understood and agreed that the County Funds represented by the Agreement are for the period of October 1, 2013 through September 30, 2014 only, and will be paid wholly from funds available in that budget year and that no County funding for subsequent budget years is authorized or implied by this Agreement; RESPONSIBILITIES OF MHMR under this Agreement: 1) To provide for county -wide early childhood intervention services and mental health and mental retardation services to eligible residents of Brazos County as determined by appropriate assessment, intake, and eligibility screening; and 2) To provide the services according to the most recent MHMR Local Plan for the fiscal year covering this agreement and according to the most recent performance Agreement between MHMR and the Texas Department of State Health Services, including mental health services, mental retardation services, early childhood intervention services, contracted residential services, specialized therapies and psychiatric inpatient services; and 3) It is understood and agreed that all County funds paid to MHMR under this Agreement shall only be expended by MHMR for the purpose authorized under this Agreement and should any amounts be expended for any other purpose, they shall not qualify for payment or reimbursement; and 4) Reporting Requirements: Prepare and submit to the County a copy of the quarterly written and itemized accounting of expenditures, income and mental health and mental retardation services performed by MHMR pursuant to this Agreement in the same format as the quarterly report submitted to the Texas Department of State Health Services; A4HMR Agreement Page 2 of S Prepare and submit to the County a copy of the monthly written and itemized accounting of expenditures, income and early childhood intervention services provided by MHMR pursuant to this Agreement in the same format as the monthly report submitted to the Texas Department of Assistive and Rehabilitative Services; Term and Termination This Agreement shall be effective from the period from October 1, 2013 to September 30, 2014 unless otherwise terminated prior to that time. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the portion of the Agreement to be terminated. A party may also terminate its performance under this Agreement upon default by the other party. Default by the party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that parry. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its duties under this Agreement as of the thirtieth (Wh) day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said thirty (30) day period the defaulting party cures the default or (ii) such termination may be stayed, at the sale option of the party against whom the default has occurred, pending cure of the default. MISCELLANEOUS PROVISIONS: Independent Contractor The relationship of MHMR to the County shall be that of an independent contractor. Parties in Interest This Agreement shall bind and benefit the County and MHMR and shall not bestow any rights upon third parties. Non - waiver Failure of either party hereto to insist on the strict performance of any of the Agreement herein or to exercise any rights or remedies occurring there under upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure o performance. Applicable Laws This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Brazos County, Texas. MHMR Agreement Page 3 of 5 Vol. pg. Notices All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: County: Brazos County Commissioners Court County Administration Building 200 South Texas Avenue, Ste, 310 Bryan, Texas 77803 Audits MHMR: Bill Kelly, Executive Director 1504 S. Texas Avenue Bryan, Texas 77802 2. MHMR agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. MHMR agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. MHMR agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. MHMR agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the MHMR under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of MHMR. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the MHMR annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the MHMR. Annual financial statements (audited if available) are due to County within six (6) months of completion. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Entire Agreement This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. ,'11HA4R Agreement LV 01 Pq Page 4 of 5 Indemnification and Compliance with Laws MHMR shall defend, indemnify and hold harmless the County from any and all damages, costs, claims, expenses or liability arising out of or connected with any Accident, act, error, omission, representation or misrepresentation by the County or MHMR in performing the services or other acts to be performed under this Agreement. MHMR shall comply with all applicable governmental and professional requirements, regulations and/or standards in performance of services under this agreement. -H, Signed this )_ day of Pr2013. Mental Health Mental Retardation Authority of Brazos Valley Brazos County By: / � By: Bill Kelly, Executive Director Duane Peters, Brazos County Judge ATTEST: (-b '42Z�n� Kden McQueen Brazos County Clerk MH.MR Agreemen( l vol L� s.(� 'dW Page s of 5 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of South Brazos County ( "Agreement") is hereby effective October 1, 2013, by and between the SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. ( "Department ") and BRAZOS COUNTY, TEXAS, ( "County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE AGREEMENT Department shall provide fire protection services to any person who requests it within the confines of South Brazos County, Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 2, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. South Brazos County Fire Dept. Agreement / Page I of 4 Vol 8b "q, I All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of 29$ ,000.00 upon execution of this Agreement ( "Funds "). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2013, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2014. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: South Brazos County Fire Department, Inc. P.O. Box 501 Millican, TX 77866 Attn: Chet Barker, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 South Brazos County Fire Dept. Agreement Page 2 of 4 DEFENSE OF CLAIMS Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 1. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. South Brazos County Fire Dept. Agreement Vol Page 3 of 4 16. It is understood and agreed that this Agreement may be executed in a - - number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. South Brazzog County Department, Inc. By: ( , �L'= - Chet Barker, Fire Chief Date: ) -c Peters, Date: ATTES ren Mc ueen, County Clerk South Brazos County Fire Dept Agreement L Page 4 of 4 Vol. • —P- Pg -�� FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of District Two ( "Agreement ") is hereby effective October 1, 2013, by and between the DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC., BRAZOS COUNTY, TEXAS ( "Department ") and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE AGREEMENT Department shall provide fire protection services to any person who requests it within the confines of Precinct 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. District 1 Volunteer Fire Agree�rent- - -- Page 1 of l oj 2. All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29.000.00 upon execution of this Agreement ( "Funds "). The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2013, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2014. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: District Two Volunteer Fire Department, Inc, Brazos County Texas P.O. Box 32 Kurten, TX 77862 Attn: Merrie Noak, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 DirLict 2 Volunteer Fire Agreement / i p So I Page 2 of 4 DEFENSE OF CLAIMS Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. District 2 Volunteer Fire Agreement Page 3 of 4 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. District Two Volunteer Fire Department, Brazos County, Texas rt� By: P - 9 Merr Noa/k�, Fire Chief Date: e �rl �.l Inc, r s C un , exa Duane Peters, Coun y Judge Date: I' 10'" 1.�) ATTES :' �-e a en McQueen, County Clerk District 2 Volunteer Fine Agreement o /- Page 4 of 4 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 3 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding cf Fire Protection Service of Precinct Three COUNTYentPRECINCTy THREE October 1, by d FIRE DEPARTMENT, INC. ( "Department ") and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 3, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Precinct 3 Volunteer Fire Dept. Agreement ��!, Page I of 4 d 2. All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ( "Funds'). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2013, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2014. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Three Volunteer Fire Department, Inc. P.O. Box 5453 Bryan, TX 77805 -5453 Attn: Gerald Burnett, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Page 2 of Precinct 3 Volunteer Fire Dept. Agreement - �� DEFENSE OF CLAIMS Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 3 Volunteer Fire Dept. Agreement Page 3 of 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. n 1 Brazos County Precinct Three Volunteer Fire Department, Inc. Byl I ral Burnett, Fire Chief Date: Cou meters, CoUty Judge Date: 19 a V cQueen, County Clerk Precinct 3 Volunteer Fire Dept. Agreement_.. Vol Pg. Page 4 of 4 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 4 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Four ( "Agreement ") is hereby made effective October 1, 2013, by and between the BRAZOS COUNTY PRECINCT FOUR VOLUNTEER FIRE DEPARTMENT, INC. ( "Department ") and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001, and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 4, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 3 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Precinct 4 Volunteer Fire Dept. Agreement Page I of 4 2. All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29.000.00 upon execution of this Agreement ( "Funds "). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION NOTICES This Agreement term shall be from October 1, 2013, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2014. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Four Volunteer Fire Department, Inc. P.O. Box 4186 Bryan, TX 77805 Attn: Joe Ondrasek, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Precinct 4 Volunteer Fire Dept. Agreement Vol. Page 2 of DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 4 Volunteer Fire Dept. Agreement a / O r� Page 3 of 4 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Four Volunteer Fire Department, Inc. By: On asek, Fire Chief Date: -o/o/1 3 Texas Duane Peters, County Judge Date: 'qhD-f %3 ATTEST: aren McQueen, County Clerk Precinct 4 Volunteer Fire Dept, Agreement _ w, I Page 4 of 4 THIRD RENEWAL TO LEASE PRECINCT 1, JUSTICE OF THE PEACE This Third Renewal to Lease ( "Third Renewal ") is made and executed by and between SOUTHWO00 WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee ". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ( "Lease ") on September 21, 2010; and, WHEREAS, the Lessor and Lessee entered into a renewal term ( "First Renewal Term ") on August 30, 2011; and, WHEREAS, the Lessor and Lessee entered into a second renewal term ( "Second Renewal Term ") on October 2, 2012; and, WHEREAS, the Lease provides for five (5) additional renewal terms of one (1) year each, effective on October 1 of the year of renewal; and, WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and all subsequent renewal terms in the amount of $2,213.50, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2013 and terminating on September 30, 2014; and WHEREAS, the Lessor and Lessee have further agreed to amend and replace Paragraph III of the Lease, as set forth in Paragraph 2 below; NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term. This third renewal term ('Third Renewal Term ") shall be effective October 1, 2013 and will terminate September 30, 2014. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and the First Amendment. If there are any conflicts between this Third Renewal and the Lease, the terms of this Third Renewal will control. This Third Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. Rental. Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Third Renewal Term of this Lease, and all subsequent renewal terms, if any, at such place as Lessor may from time to time designate $2,130.17 per month, payable in monthly installments on the first day of each month. 3. No Amendments. Except as expressly modified herein, the Lease is not amended. 4. Signatures. This Third Amendment and all other copies of this Third Amendment, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This Amendment may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this Third Amendment transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. 5. This Amendment shall be effective for all purposes as of the date set forth below. 6. Miscellaneous Provisions. a. Notices. Any notice required by or permitted under the Lease or this Third Amendment must be in writing. Any notice required by this Third Amendment or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. b. Entire Agreement. The Lease and this Third Amendment, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or Third Amendment by Lessor or Lessee. c. Severability. The provisions of this Third Amendment are severable. If a court of competent jurisdiction finds that any provision of this Third Amendment is unenforceable, the remaining provisions will remain in effect without the unenforceable pa rts. ( �M 1� Dated this " of i�if rn ✓ 20 Lessor: SOUTHWOOD WEST, a Texas general partnership By: '/.'��� Name:: -I �avwn� Title: A,1'tt,.L��. — L Vol. Pg. Gi�_... —. - --. Attest: Lessee: onia u By: By: Name: Title: Vol. Pg �'3 I THIRD RENEWAL TO LEASE PRECINCT 1, CONSTABLE'S OFFICE This Third Renewal to Lease ('Third Renewal ") is made and executed by and between SOUTHWOOD WEST, a Texas General Partnership, 1105 Peach Creek, College Station, Texas, 77845, as "Lessor ", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas, 77803, as "Lessee ". RECITALS WHEREAS, the Lessor and Lessee entered into the original Lease ( "Lease ") on September 21, 2010; and, WHEREAS, the Lessor and Lessee entered into a renewal term ( "First Renewal Term ") on September 27, 2011; and, WHEREAS, the Lessor and Lessee entered into a second renewal term ( "Second Renewal Term ") on September 25, 2012 and amended the second renewal term on October 2, 2012; and, WHEREAS, the Lease provides for five (5) additional renewal terms of one (1) year each, effective on October 1 of the year of renewal; and, WHEREAS, the Lease further provides a fixed monthly rental for the initial term of the Lease and all subsequent renewal terms in the amount of $1,650, payable in monthly installments on the first day of each month for the term of the Lease, and any subsequent renewal terms; and WHEREAS, the Lessor and Lessee have agreed to renew the Lease for one (1) additional year beginning October 1, 2013 and terminating on September 30, 2014; and NOW, THEREFORE, for the consideration stated herein, the Lessor and Lessee agree to the following amendments to the Lease. AGREEMENT 1. Renewal Term. This third renewal term ("Third Renewal Term) shall be effective October 1, 2013 and will terminate September 30, 2014. Additional subsequent renewal terms will be subject to the terms and conditions of the Lease and this Third Renewal. If there are any conflicts between this Third Renewal and the Lease, the terms of this Third Renewal will control. This Third Renewal Term shall be conditioned on the same terms set forth in the Lease, save and except those terms that are amended herein. 2. Lessor's Address. All notices to Lessor and payments of Rent shall delivered to the following address: Southwood West, a general partnership 1105 Peach Creek College Station, Texas 77845 3. No Amendments. Except as expressly modified herein, the Lease is not amended. i 4. Signatures. This Third Renewal and all other copies of this Third Renewal, insofar as they relate to the rights, duties, and remedies of the parties, shall be deemed to be one agreement. This Third Renewal may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties expressly agree that a copy of this Third Renewal transmitted by facsimile or email that contains the signature of one of the parties, shall for all purposes be treated as an original and shall be binding against the parties hereto. S. This Third Renewal shall be effective for all purposes as of the date set forth below. 6. Miscellaneous Provisions. a. Notices. Any notice required by or permitted under the Lease or this Third Renewal must be in writing. Any notice required by this Third Renewal or Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in the Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. b. Entire Agreement. The Lease and this Third Renewal, constitute the entire agreement of the Lessor and Lessee. There are no oral representations, warranties, agreements, or promises pertaining to the Lease or Third Renewal by Lessor or Lessee. c. Severability. The provisions of this Third Renewal are severable. If a court of competent jurisdiction finds that any provision of this Third Renewal is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. Dated this 10" , of ,:Dkm}pf� r 20JJ. Lessor: Attest: By:� D SOUTHWOOD WEST, a Texas general partnership By: r Na mfN ��cf i •m�AaWa.i Title: I�A•�n. t �i ivo I JUNCTION 505 BRAZOS COUNTY BRYAN,TEXAS SUPPLEMENT TO INDEPENDENT CONTRACTOR AGREEMENT WHEREAS, Brazos County, Texas, acting by and through its duly elected Commissioners Court (hereinafter "COUNTY ") and Junction Five -O -Five, a Texas non- profit corporation (hereinafter "JUNCTION'), EXECUTED as Independent Contract .Agreement dated the 17th day of November 1992 for the establishment and management of recycling centers in Brazos County, Texas (hereinafter the "Agreement "); and WHEREAS, the COUNTY agrees to maintain the pay to JUNCTION in the sum of two thousand five hundred thirty-five dollars and twelve cents ($2535.12) per month, per site for a total monthly sum of fifteen thousand two hundred ten dollars and seventy -two cents ($15,210.72) for services to be rendered by JUNCTION for each of the following sites described below and in the Agreement: Site 1 located on Kathy Fleming Road Site 2 located on FM 2038 Site 3 located on State Highway 30 Site 4 located on Raymond Stotzer Pkwy (FM 60) Site 5 located on Mumford Road Site 6 located on Silver Hill Road In as other respects the terms and conditions of the Agreement remain unaltered and the parties hereto confirm, ratify and reaffirm the terms and conditions of said Agreement. NOW THEREFORE, Approved this _day of, 2013. B ZOS C UNTY, T S JUNCTION FIVE -O -FIVE /D% �- Duane Peters, Coun Judge Iris Woolley, Executive Director Vol. SAVNS MAINTENANCE GRANT CONTRACT BETWEEN. THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY OAG Contract No. 1445162 THIS GRANT CONTRACT is executed between the Office of the Attorney General of Texas (OAG) and Brazos County (GRANTEE) for certain grant funds. The Office of the Attorney General and GRANTEE may be referred to in this contract individually as a "Party" and collectively as the "Parties." SECTION 1. PURPOSE OF THE CONTRACT The purpose of the GAG Statewide Automated Victim Notification Service (SAVNS) grant program is to maintain Texas counties and other entities in a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime. To ensure a standard statewide service to all interested entities, including GRANTEE, the OAG make grant funds available for eligible expenses related to services delivered to GRANTEE by the vendor, certified by the OAG, to provide certain SAVNS services to the GRANTEE. The OAG published a Request for Offer (RFO) for Statewide Automated Victim Services May 15, 2013. After an evaluation of offers, the OAG identified and certified a single vendor to provide statewide automated victim notification services. The initial term of the Vendor Certification is from September 1, 2013 to August 31, 2015. The OAG may exercise its option to extend the term for up to two renewal terms, consisting of two years each. The Vendor Certification includes the offer to perform the "Requested Scope of Services — Statement of Work Requirements and Terms and Conditions Applicable to the Vendor Certification" as well as the Pricing Model as provided in the BAFO. The vendor certified to provide the services is Appriss, Inc., ("Certified Vendor"), a Kentucky corporation authorized to do business in Texas. SECTION 2. SERVICE PERIOD (TERM) OF THE CONTRACT 2.1 Service Period (Term). The Service Period (Term) of this contract shall commence on September 1, 2013, and unless terminated earlier as provided by another provision of this contract, this contract will terminate August 31, 2014. 2.2 Option to Extend Term. This contract may be extended for an additional term by a written amendment executed with the same formalities as this contract. Extending the term does not increase the contract amount. Any increase in the contract amount must also be by written amendment executed with the same formalities as this contract. SAVNS Maintenance Grant (12 Months) FY 2014 Page I of 21 - - - - -- vol _ /8,bf SECTION 3. GRANTEE'S CONTRACTUAL SERVICES 3.1. Grantee Services Agreement. GRANTEE will execute a "Services Agreement," a contractual agreement, with the Certified Vendor to provide services consistent with the OAG Vendor Certification documents. The Services Agreement will include terms and conditions that are intended to provide the GRANTEE such rights and remedies as are necessary to ensure the delivery of the services from the Certified Vendor in accordance with the Scope of Services as stated in this contract and the OAG Vendor Certification documents. 3.2 Grantee Maintenance Plan. GRANTEE agrees to establish and follow a "Maintenance Plan." The Maintenance Plan, at a minimum, will be designed to accomplish the following: make available offender information that is timely, accurate and relevant to support the SAVNS services; verify the Certified Vendor's performance according to Services Agreement; satisfactorily discharge GRANTEE's obligations as described in the Services Agreement; and identify and dedicate GRANTEE staff, resources and equipment necessary to maintain the SAVNS services in the Services Agreement. 3.3 GRANTEE Service Levels. In addition to other service levels that the GRANTEE may impose, GRANTEE will inspect, monitor and verify the performances required of the Certified Vendor as provided in the Services Agreement as well as this contract. GRANTEE will execute a Services Agreement or a Service Agreement (Renewal Notice) with the Certified Vendor, for the term of this contract, GRANTEE will verify that input data (the jail and court data elements used by the SAVNS system) is entered accurately and'in a timely basis. GRANTEE will allow on -site monitoring visits to be conducted by OAG or its authorized representative. 3.4 Cooperation with Statewide Stakeholders. GRANTEE will reasonably cooperate with and participate in Statewide Stakeholders meetings and efforts to monitor and improve the SAVNS services on a statewide basis. GRANTEE may reasonably agree to designate third - parties to assist the OAG, GRANTEE and the other Statewide Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendor's performances. 3.5 Scope of Services. For the purpose of this contract, the requirements, duties and obligations contained in Section 3 of this contract are collectively referred to as the "Scope of Services ". As a condition of reimbursement, GRANTEE agrees to faithfully, timely and in a good and workman-like manner implement and maintain the services in compliance with the Scope of Services. GRANTEE shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of its SAVNS program. SECTION 4. GRANTEE'S OBLIGATIONS AND REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with OAG. GRANTEE shall forward to SAVNS Maintenance Grant (12 Months) FY 2014 Page 2 of 21 the OAG, the applicable reports on forms as specified by the OAG. GRANTEE shall establish procedures to ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional reports or statistical information from GRANTEE. 4.1.2. Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information, including but not limited to information relating to the services rendered by the Certified Vendor, may be required as requested by the OAG. 4.1.3 Notification of Changes in Organization; Changes in Authorized Official, Grant Contact and Project Financial Officer. GRANTEE shall submit within ten (10) business days notice to the OAG of any change of the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to this contract. GRANTEE shall name an Authorized Official, Grant Contact and Project Financial Officer. GRANTEE must submit a written request by the governing body on GRANTEE's letterhead, with original signature, to change an Authorized Official. GRANTEE, by an email, fax or GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant Contact or the Project Financial Officer. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self - evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain financial management and control systems that include appropriate financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; financial management systems, including accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; determination of reasonableness; allocation of costs; and timely and appropriate audits and resolution of any findings; and annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles (GAAP) or other recognized accounting principle. SAVNS Maintenance Grant (12 Months) FY 2014 Page 3 of 21 Q/ --- �j - - -� 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records and other information relating to services provided in accordance with applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 Service Reports. GRANTEE shall submit service delivery reports, programmatic performance reports and other reports, in the appropriate format and on a timely basis, as established by the OAG. GRANTEE will submit other reports as requested by the OAG. 4.2.2 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances on service delivery reports, programmatic performance reports or other reports. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the reports presented to the OAG. 4.2.3 Other Program Reports. GRANTEE shall cooperate fully in any fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports, contract or self - evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods, records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.2.4 "Problem Log." GRANTEE shall establish a "Problem Log' that records all problems noted with the SAVNS system, including, but not limited to, system down time, system outages, and equipment failure. The Problem Log will provide when the problem was identified, to whom the problem was referred, and steps taken to resolve the problem and when the problem was resolved. 4.3 Financial Matters 4.3.1 Annual Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the budget for the fiscal year and the allowable expenditures, as shown on Exhibit A. 4.3.2 Requests for Reimbursement. REFER TO SECTION 4.3.5. FOR MORE INFORMATION ON REIMBURSEMENT RIGHTS AND PROCESSES - GRANTEE agrees to allow the OAG to pay the Certified Vendor directly, instead of the GRANTEE, for any reimbursements due the GRANTEE under this contract. OAG grant funds are paid on a cost reimbursement basis. Any payments made by the OAG shall not exceed the actual and allowable allocable costs of GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this contract. GRANTEE will submit to the OAG requests for reimbursement for the actual and allowable allocable costs incurred by GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this SAVNS Maintenance Grant (12 Months) FY 2914 Page 4 of 21 contract. GRANTEE is responsible for submitting its invoices to the OAG in an accurate and timely manner. The requests for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. 4.3.3 Fiscal Year End Required Reports. On or before October 15, 2014, GRANTEE will submit fiscal year end required reports. a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year. b. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides record of the current inventory of items purchased, disposed, replaced or transferred of any equipment purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. Unless otherwise noted in this contract, GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit report — "timely" means on or before May 31, 2014; otherwise, the timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial audit engagement. GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of OMB Circular A -133 (audits of State, Local Government, and Non -Profit Organizations) and/or Texas Single Audit Circular (Single Audit or non - Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Assignment Of Rights Of Payment And Reimbursement Details. THE FOLLOWING PROVISIONS SPECIFICALLY APPLY TO THIS CONTRACT: a. GRANTEE agrees to allow the OAG to pay the Certified Vendor directly, instead of the GRANTEE, for any reimbursements due the GRANTEE under this contract. GRANTEE EXPRESSLY ASSIGNS ANY AND ALL RIGHTS OF PAYMENT UNDER THIS CONTRACT TO THE CERTIFIED VENDOR. b. The Certified Vendor will send its "Service Agreement Renewal Notice" (oi other similar document) and invoice (either annually or quarterly which detail the amount due for each quarter) to GRANTEE by September 1, 2013. The Certified Vendor will notify the OAG within 20 days of the notices being sent that they were sent. C. GRANTEE shall submit an invoice to the OAG for the prior quarter by the 5th of the next month following the end of each quarter. The quarters for FY2014 end on November 30, February 28, May 31, and August 31. GRANTEE shall include verification with its invoice to the OAG stating that the GRANTEE received the services from the Certified Vendor during the preceding quarter. SAVNS Maintenance Grant (12 Months) FY 2014 Page 5 of 21 O 6 d. The OAG will forward to the Certified Vendor the payments due to the GRANTEE from the GAG for services provided by the Certified Vendor as required by this contract. e. The OAG will only pay a quarterly reimbursement payment in arrears after verification from the GRANTEE that services from the Certified Vendor were provided. f. The OAG will process and forward payments to the Certified Vendor each quarter during FY2014 for invoices received from the GRANTEE that also include the appropriate verification along with its invoice. The quarterly payment will be made for invoices received by the OAG by the 5th day of the month following the end of the quarter, as defined above. The payment will be generated no later than the 30th day after the 5th day of the month following the end of the quarter, as defined above. If an invoice is submitted after the 5a' day of the month following the end of the quarter, the invoice may not be paid until the next quarter, as defined above. The OAG will follow up at least once with any GRANTEE that has not returned its paperwork by the designated deadline for any quarter. The OAG will contact the GRANTEE by the loth day of the next month following the end of each quarter. g. If the GRANTEE does not submit the required invoice and verification prior to the quarterly deadline defined above, the OAG will process payment in accordance with Section 4.3.5 (1). h. If GRANTEE does not submit the required invoice and verification to the OAG within 45 days of the next month following the end of any quarter, the OAG will determine what steps will be taken next, including placing the grant contract on financial hold or terminating the grant contract. If an OAG grant contract is placed on financial hold or terminated, the GRANTEE remains responsible for any contractual obligation it has with Certified Vendor. The OAG will not be responsible for collection efforts on behalf of the Certified Vendor. 4.3.6 Close -Out Invoice. GRANTEE &hail submit a final invoice not later than the earlier of (1) forty-five (45) calendar days after termination of this contract; or (2) forty -five (45) calendar days after the end of each state fiscal year. 4.3.7 Refunds and Deductions. If the OAG determines that an overpayment of grant funds under this contract has occurred, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the OAG may seek a refund from GRANTEE and /or the Certified Vendor. The OAG may offset and deduct the amount of the overpayment from any amount due to be paid, but not yet paid by the OAG under this contract. The OAG may choose to require a payment directly from GRANTEE and/or the Certified Vendor rather than offset and deduct a specified amount. GRANTEE and/or the Certified Vendor shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. SAVNS Maintenance Grant (12 Months) FY 2014 Page 6 of 21 GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment or assets, which is available to the OAG at all times upon request. GRANTEE will administer a program of maintenance, repair, and protection of equipment or assets under this contract so as to ensure the full availability and usefulness of such equipment or assets. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said equipment or assets. To the extent that the OAG reimburses GRANTEE for its purchase of equipment and supplies with funds from this contract, GRANTEE agrees that upon termination of the contract, title to or ownership of all such purchased equipment and supplies, at the sole option of the OAG, shall remain with the OAG. 5. OBLIGATIONS OF THE OFFICE OF THE ATTORNEY GENERAL 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG in this contract is contained in the attached Exhibit A. Any change to the maximum liability must be supported by a written amendment to this contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, without first executing a written amendment to this contract. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds as stated in the attached Exhibit A. 5.3 Payment of Authorized Costs. In accordance with the terms of this contract, the OAG will pay costs pursuant to this contract. The OAG is not obligated to pay unauthorized costs. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt of grant funds (state and/or federal) appropriated to the OAG and such funds are sufficient to satisfy all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this contract or arising out of any performance pursuant to this contract. GRANTEE agrees that the grant funds, if any, received from the OAG are limited, by the term of each state biennium and by specific appropriation authority to the OAG for the purpose of this contract. GRANTEE agrees that notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for the purpose of this grant SAVNS Maintenance Grant (12 Months) FY 2014 Page 7 of 21 / �� 7J program, or if the appropriated funds made for the purposes of this grant program, are deemed, in the sole discretion of the OAG, required to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6. TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract in whole or in part, upon thirty (30) calendar days notice to the other patty. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonable be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4; Section 7; Section 11; and Section 12. 6.4 Refunds to OAG by GRANTEE. If the GRANTEE terminates for convenience under Section 6.1, or if the OAG terminates under Sections 6.1 or 6.2 before the purpose of this contract is accomplished, then the OAG may require the GRANTEE and/or the Certified Vendor to refund all or some of the grant funds paid under this contract, for the funds representing the number of months of SAVNS services previously invoiced and paid by the OAG under this contract. 6.5 Notices to Certified Vendor. Any termination of this contract will also be forwarded by the terminating parry to the Certified Vendor. SECTION 7. RECORDS RETENTION AND ACCESS; AUDIT RIGHTS. 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records to support its charges, procedures, and performances to OAG for all work related to this Contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the OAG and auditors of the State of Texas, the United States, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. SAVNS Maintenance Grant (12 Months) FY 2014 Page 8 of 21 VC); Pg- 7.2 Records Retention. GRANTEE shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this contract, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 73 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for updates to mission critical information, charges, procedures, and performances. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of the system by tracing the activities of individuals through the system. GRANTEE's automated systems must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. GRANTEE agrees that GRANTEE's failure to maintain adequate audit trails and corresponding documentation shall create a presumption that the services or performances were not performed. 7.4 Access. GRANTEE shall grant access to and make available copies of all data extracts described in Section 3.5, as well as all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract and the operation and management of GRANTEE to the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG for the purposes of inspecting, auditing, or copying such items. All records, books, documents, accounting procedures, practices, and any other items, in whatever form or media, relevant to the performance of this contract shall be subject to examination or audit in accordance with all contract performances and duties, all applicable state and federal laws, regulations or directives, by the GAG, the State of Texas, the United States, or such other persons or entities designated by OAG. GRANTEE will direct any contractor to discharge GRANTEE's obligations to likewise permit access to, inspection of, and reproduction of all books and records of the suboontractor(s) that pertain to this contract. GRANTEE shall provide physical access, without prior notice, and shall direct any contractor and subcontractor to likewise grant physical access to all program delivery sites to representatives of the State of Texas and/or the GAG and its designees. 7.5 Location. Any audit of documents listed in Section 7.4 shall be conducted at the GRANTEE's principal place of business and/or the location(s) of the GRANTEE's operations during the GRANTEE's normal business hours and at the OAG's expense. GRANTEE shall provide to OAG and such auditors and inspectors as OAG may designate in writing, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office- related equipment and duplicating services as OAG or such auditors and inspectors may reasonably require to perform the audits described in this Section 7. SAVNS Maintenance Grant (12 Months) FY 2014 Page 9 of 21 Vol. Pg.�_ 7.6 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 22621003 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or other entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this contract. SECTION 8. SUBMISSION OF INFORMATION TO THE OAG The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and /or a web -based data collection method. 8.1 Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted via email to: OAG- Grants @texasattomeygeneral.gov If requested or approved by the OAG, other programmatic reports, may be submitted to: Program Manager — Grants Administration Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711 -2548 8.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement, audits, and equipment inventory reports, must be submitted in hard copy format to: Financial Manager— Grants Administration Division Office of the Attorney General Mail Code 005 SAVNS Maintenance Grant (12 Months) FY 2014 Page 10 of 21 Post Office Box 12548 Austin, .Texas 78711 -2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to: OAG-Grants@texasattomeygencral.gov SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with the terms of this contract may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose Other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withhold or suspend funding, offset previous reimbursements, require repayment, disallow claims for reimbursement, reduce funding, terminate this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and /or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10. GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs, and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities SAVNS Maintenance Grant (12 Months) FY 2014 Page I I of 21 -- - - .. ,.._._.__. 1 relevant to the performance of GRANTEE under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended, GRANTEE agrees to comply with Uniform Grant Management Standards (UGMS), as promulgated by the Governor's Budget and Planning Office. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE, and follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE's billing and maintaining financial records related to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to their performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to their performance under this contract. GRANTEE certifies: No federal/state 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 or the Texas Legislature, or an employee of a member of Congress or the Texas Legislature in connection with the awarding, or the extension, continuation, renewal, amendment, or modification of this contract; and if any non - federal /state 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 or the Texas Legislature, an officer or employee of Congress or the Texas Legislature, or an employee of a member of Congress or the Texas Legislature in connection with this contract, the undersigned shall contact the OAG for the "Disclosure Form to Report Lobbying." 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related Federal governmental bodies related to GRANTEE's right to conduct it business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, SAVNS Maintenance Grant (12 Months) FY 2014 Page 12 of 21 px GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. 10.6 Certifications and Assurances. Exhibit B, attached hereto and incorporated herein, and is applicable to this contract. GRANTEE agrees to strictly comply with the requirements and obligation described in Exhibit B. SECTION 11. SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE agrees that it is an independent contractor and under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of GRANTEE be considered a state employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that any contractor of GRANTEE performing services related to this contract will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE's contractors shall be considered to be solely the employees or agents of GRANTEE or GRANTEE's contractors. GRANTEE shall be responsible for ensuring that there is payment of any and all appropriate payments, such as unemployment, workers compensation, social security, and other payroll taxes for such persons, including any related assessments or contributions required by law. To the extent allowed by law, GRANTEE or GRANTEE's contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties; further, to the extent allowed by law, that GRANTEE and /or GRANTEE's contractors will indemnify and hold harmless the OAG and /or the State of Texas from and against any and all claims arising out of the actions or performance of GRANTEE or GRANTEE's contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and /or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of the GRANTEE, its employees, representatives, agents, or GRANTEE's contractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining the written consent from the OAG. This section is not intended and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. SAVNS Maintenance Grant (12 Months) FY 2014 Page 13 of 21 C 11.3 Intellectual Property. GRANTEE agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty -free, non- exclusive, and irrevocable license which is hereby reserved by the OAG and GRANTEE hereby grants to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. OTHER THAN AS SPECIFICALLY ALLOWED IN THIS CONTRACT IN THAT GRANTEE UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS TO THE CERTIFIED VENDOR, GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. 11.8 No Grants to Certain Organizations. GRANTEE confirms that by executing this contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 No Waiver of Sovereign immunity. To the extent allowed by law, the Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.10 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of SAVNS Maintenance Grant (12 Months) FY 2014 Page 14 of 21 __._ _ the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, and to the extent allowed by law, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation ") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. To the extent allowed by law, GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above -named courts, the suit, action or proceeding is brought in an inconvenient forum and/or the venue is improper. 11.11 Special Conditions. Exhibit C, attached here and incorporated herein, and applicable to this contract. If any Special Conditions are imposed by the OAG, those provisions will be reflected on the attached Exhibit C. SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, Including All Exhibits. This contract, including all exhibits reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. Any exhibit mentioned in this contract that is attached is incorporated herein. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non - waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a SAVNS Maintenance Grant (12 Months) FY 2014 Pap Isof2l _ _.._..�_.. f /004 �� waiver of that party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY GENERAL Attorney General or designee Printed Name ./I' SAVNS Maintenance Grant (12 Months) FY 2014 Page 16 of 21 FO 1� - - - P9-4FA- SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL . AND BRAZOS COUNTY EXHIBIT A Population Size: Large OAG Contract No. 1445162 The total liability of the OAG for any type of liability directly or indirectly arising out of this contract and in consideration of GRANTEE'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement by the OAG for expenses, if any, as set forth in this contract or arising out of any performance herein shall not exceed the following: AS PROVIDED BY THIS CONTRACT, GRANTEE SPECIFICALLY UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS UNDER THIS CONTRCT TO THE CERTIFIED VENDOR. The maximum number of months is provided above. The OAG is not obligated to pay for services prior to the commencement or after the termination of this contract. SAVNS Maintenance Grant (12 Months) FY 2014 Page 17 of 21 V Pg. _j_ Maximum Total Grant Funds Event Cost for Jail Cost for Courts Number of SHALL NOT Months EXCEED Standard Maintenance $23,765.16 $3,950.16 12 $27,715.32 Phase AS PROVIDED BY THIS CONTRACT, GRANTEE SPECIFICALLY UNDERSTANDS AND AGREES TO ASSIGN ITS RIGHT TO RECEIVE ANY AND ALL REIMBURSEMENT PAYMENTS UNDER THIS CONTRCT TO THE CERTIFIED VENDOR. The maximum number of months is provided above. The OAG is not obligated to pay for services prior to the commencement or after the termination of this contract. SAVNS Maintenance Grant (12 Months) FY 2014 Page 17 of 21 V Pg. _j_ SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL AND BRAZOS COUNTY OAG Contract No. 1445162 EXHIBIT B OAG CERTIFICATIONS AND ASSURANCES A. The Uniform Grant Management Standards ( "UGMS"), Part 111, Section _.14; Promulgated by the Office of the Governor, State of Texas, Establish the following assurances applicable to recipients of state grant funds: (1) GRANTEE must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of amity 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) GRANTEE must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. (3) GRANTEE must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4) GRANTEE must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments (5) No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) GRANTEE that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) When incorporated into a grant award or contract, the standard assurances become terms or conditions for receipt of grant funds. GRANTEE shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. SAVNS Maintenance Grant (12 Months) FY 2014 Page 18 of 21 8) GRANTEE must comply with the Texas Family Code, Section 261.101 which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. GRANTEE shall also ensure that all program personnel are properly trained and aware of this requirement. (9) GRANTEE will comply with all federal statutes relating to nondiscrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll 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 Q) the requirements of any other nondiscrimination statute(s) which may apply to the application. (10) GRANTEE, as applicable, will comply, 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. (11) GRANTEE, as applicable, will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to ail interests in real property acquired for project purposes regardless of Federal participation in purchases. (12) GRANTEE will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321- 29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. (13) GRANTEE will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (14) GRANTEE, as applicable, will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (EO 11738). (15) GRANTEE, as applicable, will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234. Section 102 (a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been SAVNS Maintenance Grant (12 Months) FY 2014 Page 19 of 21 identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. (16) GRANTEE, as applicable, will comply with environmental standards which may be prescribed pursuant to the following; (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to 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) GRANTEE, as applicable, will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) GRANTEE, as applicable, 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 -I et seq.). (19) GRANTEE, as applicable, will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89- 544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) GRANTEE, as applicable, will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. (21) GRANTEE, as applicable, will comply with Public Law 103 -277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) GRANTEE, as applicable, will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) GRANTEE, as applicable, will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. (24) GRANTEE, as a signatory party to the grant contract, must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. (25) GRANTEE must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. SAVNS Maintenance Grant (12 Months) FY 2014 Page 20 of 21 i f SAVNS MAINTENANCE GRANT CONTRACT BETWEEN THE OFFICE OF THE ATTORNEY GENERAL ANDBRAZOSCOUNTY OAG Contract No. 1445162 EXHIBIT C SPECIAL CONDITIONS Special Conditions are imposed by the OAG, at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. The OAG is placing GRANTEE on immediate financial hold, without further notice, until all Special Conditions, if any, listed in this Exhibit are met. The following Special Conditions apply to this contract: • None SAVNS Maintenance Grant (12 Months) FY 2014 Page 21 of 21 Pg.-�- Exhibit R -10 Maintenance Renewal Automated Victim Notification Services Brazos County Category: Pilot -Large Subjoa to the terms and conditions included in the Agreement, this Exhibit R -10 Schedule of Payments $ball describe the amount due to Apprize which will be paid quarterly by the Office of the Attorney General to Appriss on the County's behalf as described In 4.3.5 of the Grant Contract. Maintenance Amount. Customer shall pay Appriss a maintenance amount for the Renewal of Services determined as follows. This Renewal will extend services through August 31, 2014. Jail District Annual Quarterly #of Total Maintenance Court Maintenance Maintenance Months Maintenance Amount Maintenance Amount Amount Through Amount Due Amount (12 Months) (4 Quarters) 8/31114 $ 23,765.16 53,950.16 $27,71532 56,928.83 12 $27,715.32 Months Maintenance Amount as indicated above does not include "3r0 Party Vendor Fees "' include booking system vendors, IT staff or other work that Is associated with any booking system change not covered under the Vendor Certification. These services are considered additional costs and will be billed by the Certffied Vendor directly to the entity. Unless approved by the OAG, in writing, In advance, the "3" Party Vendor" may not be reimbursed by the OAG's SAVNS grant program. Vol. ��b Pg. R -10 Service Agreement Renewal Notice DATE: CUSTOMER NAME: LOCATION: PROJECT TYPE: ORIGINAL SERVICE AGREEMENT DATE: SERVICE AGREEMENT RENEWAL DATE: SERVICE AGREEMENT RENEWAL TERM: August 15, 2013 Brazos County 200 South Texas avenue, #224 Bryan TX 77603 Brazos County VINE Service March 30, 2004 September 1, 2013 12 Months NEXT SERVICE AGREEMENT RENEWAL DATE: August 31, 2014 PROJECT PRICING: $27,715.32 (Quarterly Amount $6,928.83) 10401 Linn 9tW.n XaW taai..m.," wm34642 6094614460 !00.816.091 . W..ppriuxom This Service Agreement Renewal Notice, unless specifically noted in the Contract Changes section below, extends alt pricing, service terms and other contract provisions of the prior contract period. No Interruptions in delivery of Service will occur in relations to this Service Agreement Renewal. Contract Changes: This Service Renewal Notice Includes a 5% decrease in the annual maintenance for FY 2014. The reimbursement process has not changed and the Office of the Attorney General will continue to reimburse Apprise on your behalf assuming the appropriate documentation is completed. Special Note: Please refer to the "3r° Party Vendor Fees" referenced in the attached Exhibit R -10 Maintenance Renewal. This is not a contract change, but a reminder of costs that may be incurred when making booking system replacement and/or changes. AUTHORIZATION: APPRISS INC., BY: — O 08112/2013 Signature Date Thomas R. Seigle President Title Name KEEPING COMMUNITIES SAFE AND INFORMED - -- -- Vol. Interlocal Contract - County Between Harris County Department of Education BRAZOS County Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and Chapter 271, Subchapter P of the Texas Local Government Code, this Interlocal and Cooperative Purchasing Program Contract ( "Contract') is made and entered into by and between the Harris County Department of Education ( "HCDE "), located in Houston, Texas, and COUNTY of BRAZOS ( "COUNTY "), located in BRYAN , Texas, for the purpose of providing services. Preamble HCDE is a local governmental entity established to promote education in Harris County, Texas and is also duly authorized to provide programs and services in the State of Texas. Both HCDE and COUNTY desire to set forth, in writing, the terms and conditions of their agreement. General Terms and Conditions In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties intending to be legally bound agree as follows: 1. Term. This Contract is effective from the date of the last signature and shall automatically renew unless either party gives thirty (30) days prior written notice of non - renewal. This Contract may be terminated by either party with or without cause with thirty (30) days written notice. See other means of terminating the contract in Article 11, below. Any such notice shall be sent according to Article 8 2. Agreement. The terms of this Contract shall apply and will be considered a part of any Addendum for programs and services delivered by HCDE. This Contract and the attached and incorporated Addendum, purchase orders, or exhibits, if any, contain the entire agreement of the parties and there are no representations, agreements, arrangements, or undertakings, oral or written, between the parties to this Contract other than those set forth in this Contract and duly executed in writing. 3. Purpose and Scope of Work. A. HCDE agrees to: • Provide COUNTY with subsequent independent contracts and /or descriptive offerings of each of the programs and services that HCDE provides through its respective divisions. • Provide services upon the submission of independent contracts or purchase orders within the HCDE divisions. • Conduct, as a minimum, an annual audit or survey, as appropriate, for each of the programs. B. COUNTY agrees to: • Participate in any or all of the services that HCDE has to offer. • Submit purchase order(s) or independent contract(s) for each of the programs it wishes to purchase and/or collaborate. • Agree to follow the terms and conditions of each independent contract or purchase orders for each of the programs. Interlocal Contract - County Page I of 3 / 8 4 yo 5/16/13 Assign the appropriate person to act as representative to each respective program delivered. 4. As is. HCDE makes this Contract available to HCDE participating entities "as is" and are under no obligation to revise the terms, conditions, scope, prices, and/or any requirements of the Contract for the benefit of COUNTY. 5. Assi ng ment. Neither this Contract nor any duties or obligations entered in subsequent contracts because of this agreement shall be assignable by either party without the prior written acknowledgment and authorization of both parties. 6. Conflict of Interest. During the Term of HCDE's service to COUNTY, COUNTY, its personnel and agents, shall not, directly or indirectly, whether for COUNTY's own account or with any other person or entity whatsoever, employ, solicit or endeavor to entice away any person who is employed by HCDE. 7. Contract Amendment. This Contract may be amended only by the mutual agreement of all parties in writing to be attached to and incorporated into this Contract. 8. Notice. Any notice provided under the terms of this Contract by either party to the other shall be in writing and shall be sent by certified mail, return receipt requested. Notice to shall be sufficient if made or addressed as follows: Harris County Department of Education Count of 'KM ZnK Attn: John E. Sawyer, Ed.D. Attn: A0. County School Superintendent Title: =Zip:r 2 6300 Irvington Blvd. Addre Houston, Texas 77022 City, 713 - 694 -6300 P honeEmail 9. Relation of Parties. it is the intention of the parties that COUNTY is independent of HCDE and not an employee, agent, joint venturer, or partner of HCDE and nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between HCDE and COUNTY or HCDE and any of COUNTY's agents. 10. Non - Exclusivity of Services. Nothing in this Contract may be construed to imply that HCDE has exclusive right to provide COUNTY these services. During the Term of Contract, COUNTY reserves the right to use all available resources to procure other professional services as needed and, in doing so, will not violate any rights of HCDE. 11. Termination. This Contract may be terminated prior to the expiration of the Term hereof as follows: By COUNTY upon 30 days notice if the work/service is not provided in a satisfactory and proper manner after a remedy has been reported and discussed; By mutual written agreement of the parties, upon thirty (30) days prior notice; or By either party immediately if the other party commits a material breach any of the terms of this Contract and no remedial action can be agreed upon by the parties. Inlerlocal Contract - County Page 2 of 3 Vol / S4 () 9/ 5/16/13 332- JOV 12. Master Contract. This Contract can be utilized as the Master Contract. The general terms and conditions in this Contract will serve to outline the working relationship between HCDE and the COUNTY. Both parties agree to allow the COUNTY to use any or all of the programs and/or'services with no charge from HCDE including Choice Partners. The COUNTY agrees to adhere to the terms and conditions set forth for the programs and/or services as contracted under these programs. All other programs and /or services provided by HCDE requiring a fee will need an addendum to the approved Master Interlocal Contract. The specific terms and conditions of the addendum will govern that individual contract. In the case of a conflict between the Master Contract and any addendum, the provisions of the addendum will govern. 13. Severability. In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegality, or unenforceable provision had never been contained in it. 14. Governing Law and Venue. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Contract shall be in Harris County, Texas. 15. Authorization. Each party acknowledges that the governing body of each party to the Contract has authorized this Contract. 16. Benefit for Signatory Parties Only. Neither this Contract, nor any tern or provisions hereof, not any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto. In witness whereof, HCDE and COUNTY have executed this Contract to be effective on the date specified in Article 1. Term above: Na e o ount Authorized Signature Printed Name CHO -►s Date Interlocal Contract - County Harris County Department of Education John E. Sawyer, Ed.D. County School Superintendent Date Page 3 of 3 Vol. � ��__ Pg• 9� 5/16/13 Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 382 BRYAN, TX 77803 PHONF(979)361 -4290 FAX (979)361 -4293 Charles Wendt, Purchasing Agent Leslie Williams, Asst. Purchasing Agent September 5.3013 Express Employment Professionals 1963 Briarcrest Bryan. Texas 77802 -3453 Attn: At Rampmeier Gail Davis, Buyer 1 Phone: 979 - 7764455 Entail: m,a.rampmeierOexpresspros.com Re. Ertension of Contract for Tentporan' Engdoys tent Servicex Brazos County appreciates the quality work your company has provided and would like to exercise an extension option for 3012 -40R Temporary Entpinvrnenr Servires. All terns, conditions, and pricing shall remain the same. This "-tension will start anon Commisxinner'.s Court approval throueit September 30, 2013, To accept the extension option. please rill out the information and sign below. Return the signed documents by email to Icontreras`d,brnzoscountyt-.gov or fax to (979) 3614293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions. I may be reached at (979) 361.4394. Contact Name: A /C EXPRESS EMPLOYMENT PROFESSIONALS cJ � Authorized Signature RR.4 OS OUN Y 7 ilk Duane Peters, County Judge Vol Telephone: "//C- Date �/o13 Date / �� Pq 93 AGREEMENT BETWEEN COUNTY AND ENGINEER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the 10 day of September 2013, Between the COUNTY: BRAZOS COUNTY, I'EXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 and the ENGINEER: Mitchell & Morgan 511 University Dr. East, Ste. 204 Colleee Station. TX 77840 for the following PROJECT: Professional Engineering and Surveying Services for The COUNTY and ENGINEER agree as set forth below. ARTICLE I ENGINEER'S RESPONSIBILITY 1.1 ENGINEER'S SERVICE 1.1.1 The ENGINEER'S services consist of those services performed by the ENGWEER, ENGINEER'S employees and the ENGINEER'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1.2 The ENGINEER'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The ENGINEER shall submit for the COUNTY'S approval a schedule for the performance of the ENGINEER'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time Agrtement Between County end Engineer Vol. I p % , pg. Pace t or 10 required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the ENGINEER or the COUNTY. ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The ENGINEER'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY Mitchell & Morgan , TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3. 1.1 The services described in attached Exhibit "A" as Additional Services are not included in the Basic Services. It is expressly understood and agreed that ENGINEER shall not famish any of the additional services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "A ", shall be considered Contingent Additional Services. A list of possible Contingent Additional Services that could be needed as the Project proceeds is included at the end of Exhibit "A." 3.1.3 It is expressly understood and agreed that the ENGINEER shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUN'rY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. Agreement Between County and Engineer Vol• / 1 n `/ Page 2 of 10 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the ENGINEER in order to avoid unreasonable delay in the orderly and sequential progress of the ENGINEER'S service. 4.4 The COUNTY shall give prompt written notice to the ENGINEER if the COUNTY becomes aware of any fault or defect in the Project or non - conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5, Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate 1'or such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. 4.6 The proposed language of certificates or certifications requested of the ENGINEER or the ENGINEER'S consultants shall be submitted to the ENGINEER for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE ENGINEER. ARTICLE V CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the ENGINEER. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the COUNTY and equipment designed, specified, selected or specially provided by the ENGINEER, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the ENGINEER and the ENGINEER'S consultants, the costs of the land, right -of -way, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS 51.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the ENGINEER, represent the ENGINEER'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the ENGINEER nor the COUNTY has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, Agreement aelween County and Engineer ...__._. _._._. ___.... Page 3 of 10 Vol. / G_ Pg. or over competitive bidding, market or negotiating conditions. Accordingly, the ENGINEER cannot and does not warrant or represent that bids or negotiated prices wilf not vary from the COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the ENGINEER. ARTICLE VI USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the ENGINEER with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The ENGINEER may retain one set of reproducible copies of the documents and these copies shall be for the ENGINEER'S sole use in preparation of studies or reports for the COUNTY. The ENGINEER is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the ENGINEER pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the ENGINEER. Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the ENGINEER. 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the ENGINEER' S reserved rights. ARTICLE VII TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either parry upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the ENGINEER shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the ENGINEER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the ENGINEER may terminate this Agreement by giving written notice. Agreement Between County and Engineer Evo / ?41--- Page 4 of 10 pg. —f� 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ENGINEER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the ENGINEER for services and expenses, the ENGINEER may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the ENGINEER receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the ENGINEER shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the ENGINEER, the ENGINEER shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLAINEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terns of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the ENGINEER, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor.the ENGINEER shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the ENGINEER. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the ENGINEER. 8.6 Unless otherwise provided for in this Agreement, the ENGINEER and the ENGINEER'S consultants have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. Agreement nemeen Counry and angincer Val. / 4 0 P Page 5 of 10 8.7 The ENGINEER shall have the right to include representations of the design of the Project, including photographs, among the ENGINEER'S promotional professional materials. The ENGINEER'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the ENGINEER in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The ENGINEER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the engineering profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the ENGINEER'S performance. 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452 -9427. 8.10 INDEMNIFICATION: ENGINEER shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the ENGINEER, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the ENGINEER, or of any person employed by the ENGINEER. The ENGINEER shall also save harmless the COUNTY from and against any and all expenses, including anomey's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the ENGINEER, its agents or employees. 8.11 LIQUIDATED DAMAGES: It is acknowledged that the ENGINEER's failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the ENGINEER agrees that liquidated damages may be assessed and recovered by the COUNTY as against ENGINEER and its Surety, in the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore ENGINEER shall be liable to the COUNTY for payment of liquidated damages in the amount of $0 for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and ENGINEER shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein. ARTICLE IX PAYMENTS TO THE ENGINEER 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES Agreement Between County end Engineer y / P Cj Page 6 of 10 Vol. �- -G7 —fo __ g•_.G� - 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the ENGINEER'S statement of services rendered or expenses incurred, payment on account of the ENGINEER'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the ENGINEER has been found to be liable. 9.4 ENGINEER'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to.the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION 9.5.1 Prior to the execution of this Agreement, the ENGINEER has been advised by the COUNTY and the ENGINEER.f illy understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that ENGINEER may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the ENGINEER hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate'the ENGINEER from funds obtained through current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. Agreement Between County and Engineer VOI. Tt—fo Pg �D� Page 7 of 10 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the ENGINEER'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the ENGINEER to the point indicated by such statement or of receipt or acceptance by the COUNTY of the work covered by such statement. ARTICLE Xi OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The ENGNEER shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No /100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No /100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No /100 Dollars ($200,000.00) self - insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty, (30) days prior notice to BRAZOS COUNTY, TEXAS." The ENGINEER shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The ENGINEER shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The ENGINEER shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the ENGINEER has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the ENGINEER's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. Agreement Between County and Engineer IV— 0 1 . �_ Pg.-z,;% Page 8 of 10 11,2 PERIODS OF SERVICE 11.2.1 The E.NGiNF.ER shall begin work immediately upon receipt of the Notice -to- Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the ENGINEER. 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the ENGINEER'S services. Delays beyond the control of the ENGINEER may be cause for extension of this period of service, in which case the ENGINEER shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the ENGINEER'S services shall be adjusted equitably. Agreement Between County and Engineer / Vol. _ v P P g page 9 of 10 — - This Agreement entered into as of the day and year first written above. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. BRAZOS COUNTY, TEXAS I� k -1 in pz -- . - Duane Peters, County Judge Acting by and through the authority of the Brazos County Commissioners Court Attest: County Clerk Approved as to Form: Assistant County Attorney, ENGINEERING FIRM by: Principal Agmcman Bety Tcn County and Engineer Page 10 of 10 vr�l. ___L94 Pg. 03 DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge September 10, 2013 Right -of -Way Acquisition Request approval for the acceptance of Special Warranty Deed from James W. Carroll for 0.984 acres of land to be used for the construction of County maintained road. Project will provide access to the volunteer fire station located on Peach Creek Road. The newly constructed road will be named Volunteer Lane. Site is located in Precinct 1. The following supporting documentation is attached for reference: • Copy of Special Warranty Deed • Copy of Right -of -Way Acquisition Agreement • Copy of Fence Building Option SUBMITTED BY: APPROVED BY: Jo . Salvato Right of Way Agent Lloyd assermann Commissioner Precinct 1 This request is RAP OVED /DENIED O by Commissioners' Court Duane Peters, County Judge DATE: q — I O - (?> Vol. yid Pg, /d NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU NAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Special Warranty Deed THE STATE OF TEXAS § § COUNTY OF BRAZOS § GRANTOR(S): JAMES W. CARROLL Grantor's Mailing Address: 20701 State Highway 6, South Navasota, Texas 77868 -5836 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: KNOW ALL MEN BY THESE PRESENTS: Ten and No /100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.984 of one acre of land situated in the ANDREW D. HOUSTON SURVEY, Abstract No. 133, Brazos County, Texas and being a part of that certain called 144.386 acre tract described in deed from Ronald Bryan, Trustee to James W. Carroll, recorded in Volume 2971, Page 158, of the Official Records of Brazos County, Texas, said 0.984 of one acre being more particularly described by metes and bounds description as shown on Exhibit "A and B" attached hereto and made a part hereof for all purposes. i Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to G rantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this _� day of " _5 / 2013 James Carroll Acknowledgment STATE OF TEXAS § COUNTY OF BRAZOS § 22 This instrument was ackn�Qtuit,aad,Jfore me onvsT t � Z0l 3 by lames W. Carroll. SNI. Alt, 'i:O<Pg� Pp� .0 'L N��6 Public, State of Texas 9jE OF tE *P i '''���''4 �8��2�������♦ �G __ pg. /off' EXHIBIT "A" FIELD NOTES PROPOSED RIGHT -OF -WAY 0.984 OF ONE ACRE OUT OF THE JAMES W.CARROLL CALLED 144.386 ACRES VOLUME 2971, PAGE 158 ANDREW D. HOUSTON SURVEY, A — 133 BRAZOS COUNTY, TEXAS APRIL 1, 2005 All that certain lot, tract or parcel of land being 0.984 of one acre situated in the ANDREW D. HOUSTON SURVEY, Abstract No. 133, Brazos County, Texas, and being a part of that certain Called 144.386 acre tract as described in deed from Ronald Bryan; Trustee to James W. Carroll of record in volume 2971, Page 158, Official Records of Brazos county, Texas, said 0.984 of one acre tract being more particularly described by metes and bounds as follows; BEGINNING at a 1/2" Iron Rod with Cap set in the east line of Peach Creek Road for the northwest corner, said corner being located in the occupied west line of said Called 144.386 acre tract, the calculated northwest corner of said Called 144.386 acre tract bears N 2 " 42 ' 31 " W a distance of 757.22 feet; THENCE N 87 " 22'38 " E, a distance of 35.04 feet to a 1/2" Iron Rod with Cap set for the beginning point of a curve; THENCE around a curve in a clockwise direction having a delta angle of 20 " 27 ' 34 ", an arc distance of 83.91 feet, a radius of 235.00 feet, and 'a chord of S 82 " 23' 35 " E, a distance of 83.47 feet to a 1/2" Iron Rod with Cap set for the point of tangency of said curve; THENCE S 72 ° 09 '48 " E. a distance of 318.39 feet to a 112" Iron Rod with Cap set for the beginning point of a curve; THENCE around a curve in a clockwise direction having a delta angle of 39 " 32 ' 14 ", an arc distance of 162.16 feet, a radius of 235.00 feet, and a chord of S 52 ' 23 ' 40 " E, a distance of 158.96 feet to a 112" Iron Rod with Cap set for the point of tangency of said curve; THENCE S 32 " 37' 33 " E, a distance of 49.65 feet to an 8" Fence corner post found for the most easterly corner; THENCE S 57 ` 22'27 " W, along a fence line a distance of 70.00 feet to a 1/2" Iron Rod with Cap set for the most southerly comer, THENCE N 32 " 37 ' 33 " W. a distance of 49.65 feet to a 112" Iron Rod with Cap set for the beginning point of a curve; THENCE around a curve in a counterclockwise direction having a delta angle of 39 ° 32 ' 14 ", an arc distance of 113.86 feet, a radius of 165.00 feet, and a chord of N 52 ° 23 ' 40 " W, a distance of 111.61 feet to a 1 /2° Iron Rod with Cap set for the point of tangency of said curve; THENCE N 72 ° 09'48 " W, a distance of 318.39 feet to a 1l2" Iron Rod with Cap set for the beginning point of a curve; THENCE around a curve in a counterclockwise direction having a delta angle of 20 " 27 ' 34 ", an arc distance of 58.92 feet, a radius of ' 165.00 feet, and a chord of N 82 ° 23'35 " W, a distance of 58.61 feet to a 112" Iron Rod with Cap set for Ae point of tangency of said curve; THENCE S 87 " 22' 38 " W, a distance of 34.94 feet to a 1/2" Iron Rod with Cap set in the east line of said Peach Creek Road for the southwest corner, said corner also being located in the occupied west line of said Called 144.386 acre tract, a TXDOT Right -of -Way Monument for reference bears S 2 ° 42 ' 31 " E a distance of 158.92 feet; THENCE N 2 " 42'31 "W, along the east line of said Peach Creek Road and the west line of said Called 144.386 acre tract a distance of 70.00 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 42,873 square feet or 0.9842 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on April 1, 2005, under the supervision of H. Curtis Strong, regist sional Land Surveyor No, 4961. North Orientation is based on rotating to the northeast right- lii Highway 6 as per TX -DOT Right -of -Way Plans. ��e -L•C" s Ted / xess S � j2a -® \ \) §\ co) J LLJ FFLW: n E CD 2f < & »(O �&3 co &kyke * \� LLJ jeoo! / R_ tie \ U LU < ( z �< �m ® � � � C) p 3cle c • - 002 ®f \§ O O e X44 L5 'D �® M 9 o t —n 0$ \ §t�� u- x OU 0 °2® LU � � b >ƒ / m om o M ce a�; ! 10'6 Pg ��;j|� B �A� e! /� � RIGHT -OF -WAY ACQUISITION AGREEMENT Road: Fire Station Project: W.O. No.: Precinct: 1 I (we) the undersigned owner(s), accept payment of $0.00 as compensation and full settlement for granting of Special Warranty Deed in, along, upon and across 0.984 acres of property located on above mentioned project. Property will be donated to County for fire station access. Brazos County will construct seal coat road that meets current roadway standards. James . Carroll 44-3 -le'? 17y Social Security No. �-/ ^i3 Date FENCE BUILDING OPTION AND IOR RESPONSIBILITY ACCEPTANCE Road: Fire Station Project: W.O. No.: Precinct: I I (we) the undersigned owner(s), understand that the subject roadway and/or right -of -way is currently fenced on the north side with an 8' game fence and no other fence will be constructed by BRA7_OS COUNTY during the re- construction of the subject roadway. It is also understood that ANY and ALL maintenance of the current above- mentioned fence is the PROPERTY OWNER(S) RESPONSIBILITY and BRAZOS COUNTY makes no claim to this fence. V .Carroll Date: Vol. __/ i ( Pg. // a BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: September 10, 2013 SUBJECT: Utility Permit— Wellborn Special Utility .District Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Weesaw Lane (Seven- Eleven Ranch Subdivision). This project will provide water service to customer at address #2555. Site is located in Precinct 1. SUBM ITED BY: Jo O. Salvato Right of Way Agent APPROVED BY: Lloyd Wassermann Commissioner. Precinct 1 This request is F;(/APPROVED / DENIED ❑ by Commissioners' Court 10 ucaaL __ Duane Peters, Count} Judge DATE: GI — I'D —1,3 Vol, _ l �� __ pg.—///--. TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn Special Utility District (company name), hereinafter referred to as "Company" a Tex (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 Facility to Parallel County Road Within RighLI W2Y CONSTRUCTION TYPE 2" Diameter 0.10" Wall Thickness Material Specification PVC casing Maximum Operation Pressure 200 psi PROJECT WILL INSTALL 1" PVC WATER LINE IN 2" PVC CASING FOR ROAD BORE 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 15 working days. (COMPANY MUST FILL IN). if such construction is not begun by the 60° 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 al I 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 of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol OV` _ pg. //L Length of TYPE OF CONSTRUCTION Road Name & Block Number Crossin (Cl 9'ECK ONE Cased Bored Jacked Driven weesaw Lane 60' X X Facility to Parallel County Road Within RighLI W2Y CONSTRUCTION TYPE 2" Diameter 0.10" Wall Thickness Material Specification PVC casing Maximum Operation Pressure 200 psi PROJECT WILL INSTALL 1" PVC WATER LINE IN 2" PVC CASING FOR ROAD BORE 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 15 working days. (COMPANY MUST FILL IN). if such construction is not begun by the 60° 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 al I 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 of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol OV` _ pg. //L 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 1ngineer'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 roles 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 life event Company fails to obtain apertnitprior to the installation or does not install utilities in compliance with Installation requirements selforth herein (i.e. depth, location, e(c), Company assumes all financial resporsibillh; for damages and/or destruction of lines, cables, etc. bared upon its failure to comply with Brazos County requireatem(s. Applicant agrees that if Brazos County demonstrates a violation of the leans of tdr policy, Applicant stipulates that requlshes for dnjunctve relief exist and that Brazos County Is entitled to relief enjoining any conduct by applicaut rvhleh is contrary to the policies. This perutll is a revocable permit. Brazos Count}) reserves the right to revoke this pernit at any time, in the sole dkeretlon of Brazos County, for interests of public health, safety or welfare, a• for failure to repair any darnages upon demand, or for any other reason deemed stfcient by Brazos County. In the event Coutpoty falls to comply with any or all of the requirements as set forth herein, the County may take such action as it tleenrs appropriate to compel compliance. The Comity Bngiueer frtrilter retains the right io revoke ttlsPermil by verbal nollilcaldon to the AppllcanflCourpany. Ftdhtre to obtain this perry }i1 andlor notify the County Engineer's Office within 24 hours of beginning constriction shall constitute grounds for• job shuldown. 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. WELLBORN SPECIAL UTILITY DISTRICT P.O. BOX 250 Address WELLBORN, TEXAS 77881 City State Zip Plnonc Number weud.sc@verizon.net WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of (lie utility in the County right of way as shown by accompanying drawings and notice dated 09 - OS*- a013 except as noted below: EXCEPTIONS: , (Month/Day/Year) 41.*/ rL (/w&4y Brazos-'qPunty En 'neer S' lure ,Pow lk�T Title / 8L / /!l Wellborn Special Utility District September 4. 2013 The Commissioner's Court of Brazos County Attention County Judge: Formal notice is hereby given that Wellborn Special Utility District will construct a road bore for water line wilhin the right -of -way of a County Road In Brazos , County, Texas as follows: Road bore will be made under Wessaw Lane. Bore will be made from existing 2' water line located on the west side to east side for a distance of 60' at a minimum depth of 36° below ditch flow line. The location and description of this line is more fully shown In drawings attached to this notice. The line will be constructed and maintained in the County Road right -of -way in accordance with the Brazos County Roadway Safety and Road Preservation Standards and governing laws. Construction of this line will begin on or after September 4, 2013. Regards Stephe Cast Gene Manager Wellborn Special Utility District P.O. Box 2S0 1 4118 Greens Prairief Rd. •Wellborn. TX 77881 ! 979.690.9799 0 Fax 979.690.1260 O"k i NI I d N W{..l 3: I 4 x S� Q 0 cc d Y z 0 0 S. 7 r z 7 C V, H a WN S H H tK U 67y1 V: w 0 o H U N W a� w �Z �o W110SIH0 w zz. a W x J W W RIGHT-op-My f 2 O i y • f z w C) EL z O w a LU r 0 LLI � O O � r � � J 1- d O c m � 0 O U -1 UJ CL o' IL r i co LL L W W Q O in Z V J a In O � z Q 1 �0 L g 0 `p O W z /C) Y O z = Z zrZ a in > w Z w 0 J Ql U L? d < sy es �oB 105 O J04 S 501 41A X00 QP 42B q2C dip. BAS 09 oh QP�� s 99 OB Be RAOB30 ": 75 SS's'" 01 .6 �06ta µA0031 ivy} B _ x"`I � 91 � Ba � y 1a l! VV 91 'P1B �a � 9B ,tr �' aos3a q. 14 55 BOA S R B5 m �73 B5 �V�12A 7 f�pO� 89 ^ ° .. r Be X0665 RR" B0 12 ggw 10 69 K a 8 1A 01 83 R4 04 �' B2 Rb0 36 840661 40 6B 60 A9 39 arc 'N� 840` R40584 840662 WSW 840609 K� 60 840594 R4 41 9668 R�p6g0 �._...._._.. __.._.. B1 62 d rJ 40 R BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN 13RAZOS COUNTY RIGHTS OF FVAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices C BW') (EPA and TCEQ both provide lists of examples of BMPs) to minimize erasion and sedimentation resulting from the proposed installation. 3. The permitted 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. ht 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 pennittee'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. A Safely Requlremeols 1. Proper traffic control measures must be put ht 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 (IWTCD). 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 rninimurn inconvoniences 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 fixture installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic ConlrolPlan 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 (wing performed. /�L rlh /may' 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 arc 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- hnches 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 shal l be as follows: (measured fion back of right -of -way). Power— 0 -2 feet, nominally V 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 mentor as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The lemrgth 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 fill 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 fi•om 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; __ 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 Irther 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. o, 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 jeopardizo 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 tie 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 toad (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 applicnnt shall submit a letter of "No Objection" from the Army Corps of Engineers for at I designated wetlands and environmentally sensitive lands. E. Entergeney work 1. In the event Company is required to perform emergency services, tbatrequires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer withbn 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. E Repairs to ea•Irlingfacililies 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 rallllies; 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 toad, 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. vr)l /� C P( �� C M. 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 sit authorized representative of the company. 4. Petroleum Pipelines; Depth Tyne of Pipeline (below deepest ditch grade) Special Reguirements BncasedPipe Loss than 10' Must be covered with concrete pad at least 36 "deep RicasedPipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete tad at least 48 "deep Non -Cased Pipe Greater than lo' 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. / %L Pg. A Syys 6 ea� pEyy 84: z 1 as ^ 2a� a �J3 U c J �U�= N •� rVll �l I•-- —•— .1• RN F Y., , v ..�K, •c 3 —ter { o 3 q 1 lr /1 Vr. Of n+ /• 6�� E � � '--- v�Yr "�"� «� S7nd � S 1 w 1 }6� ������Ei�$i $ sg $•s$ il`` .Nt .e IY Y lr /t W'r GY wsa Gi � O O r• � 6 • SS Cc •�. — — — — -- — i — — — — — — — — — — — a N W O •nire.c � d> Iry F :; • •sea $ g 3•s$ is war ^ ec y • �a :,ri __ - - - - -- - - - - - - a �Qo w�— 6 Aill s o . --•—.- ..1..-1-a nn..A11Y �E 9�F RAaa3pRyacEa �-`•��i _�9��X88�� �Sa} ---- - �S3i�ait: - §RS�3 ---- °X Sa�Y =��a p:p�p8pJp:a aCa� J37Rt �* RR R A Syys 6 ea� pEyy 84: z 1 as ^ 2a� a �J3 U c J �U�= N •� rVll �l I•-- —•— .1• RN F Y., , v ..�K, •c 3 —ter { o 3 q 1 lr /1 Vr. Of n+ /• 6�� E � � '--- v�Yr "�"� «� S7nd � S 1 w 1 }6� ������Ei�$i $ sg $•s$ il`` .Nt .e IY Y lr /t W'r GY wsa Gi � O O r• � 6 • SS Cc •�. — — — — -- — i — — — — — — — — — — — a N W O •nire.c � d> Iry F :; • •sea $ g 3•s$ is war ^ ec y • �a :,ri __ - - - - -- - - - - - - a �Qo w�— 6 Aill s o . --•—.- ..1..-1-a nn..A11Y MITCHELL MORG1`�N Brazos County 4Sep l 3 Charles Wendt Brazos County Purchasing Department Brazos County Administration Building 200 South Texas Avenue, Suite 352 Bryan, Texas 77803 RE: Proposal and Scope of Work for: 1. Mumford Road Preliminary Engineering Report (PER)- Revision & 2. Engineering Documents for Mikulin Road UPRR agreement. Dear Mr. W endk Thank you for the opportunity to provide professional engineering services for these two projects. Project 1. Mumford Road PER Revision. This proposal is for Mitchell & Morgan to revise the PER produced 28Aug13 and revised 2Sep 13 for the improvement of Mumford and Mikulin Road required for an EDA Grant. The PER shall provide the detail specified in the attached "Section M.3. Engineering Report" as provided by Grantworks with the limits revised to contain all of Mikulin Road and Mumford Road between FM 2818 and the intersection of Mikulin Road and Mumford Road. The Engineering report shall contain the conceptual design of the ultimate project. The ultimate project will upgrade approximately 12,000 feet of existing county road located between N FM 2818 and Louise E. Mikulin Road and 7,200 feet of existing Mikulin Road, a private road, to the current safety standards per the Texas Department of Transportation Highway Design Manual. The road shall be rehabilitated with with a geometry and pavement section appropriate for the traffic but limited by the budget. This includes but is not limited to drainage, stabilization and widening of the existing road. There are several culverts crossing the proposed alignment. The design of these culverts shall be a function of existing flows. Whenever possible the existing infrastructure will remain, including the existing bridge crossing Thompsons Creek, and be utilized in the new design. As we understand you would like for us to provide the following items bound as an Engineering Report: I . A Statement of the Project Components 2. Sketches Showing the General Project Layout 3. Feasibility Analysis 4. A Proposed Method of Construction 5. Estimate of Useful Life of the Project 6. Comprehensive Construction Cost Estimate 7. Required Permitting 8. Estimated Project Construction Time Frame 511 UELVERSITV DRIVE EAST, SORE 204 • COLLGE 5TATION 1X 77840 • T 979.260.6963 • > 979.2603564 AW sW3 1 CML fM'�NEMN - fYC* 1Cs - M/OMkOGY • 1RamES STI.EF15 • sR(P. Ns SMON s intoOmitchellandmor an.com • w .mittW(andmor a /n.com F lo pg, From ourdiscussions regarding scope we understand that the county will require this completed report by September 13' in order to submit for the grant. Mitchell & Morgan shall provide this service for Project I for $3000. Project 2. Engineering Documents for Mikulin Road UPRR agreement. This proposal is for Mitchell & Morgan to create Engineering Documents for the Mikulin Road improvements. UPRR has asked for 5001a complete drawings, but this term is not defined. Because of the time desired time frame, we are proposing providing engineering drawings showing the alignment and profile of the roadway. The alignment of the roadway will utilize the boundary work provide by HM Engineers and Architects (the designers of the Axis Pipe Plant) which we believe to be accurate. The roadway alignment will be based on the requirements of the Texas Department of Transportation Roadway Design Manual as Revised May 2010. The roadway profile will be based on the 2011 Brazos County Lidar data. The profile will be preliminary and will need to be adjusted when actual survey data is available to create a balanced earthwork condition. Actual survey data will be collected along the UPRR to confirm the alignment of the tracks with respect to the proposed crossing. The cost of the actual field survey is disproportionately high for this work because the cost of railroad flagmen required to work within the UPRR right of way ($3000) and establishing control ($ 1200) connected to the boundary provided by HM Engineer's and Architects. The cost of survey for this portion is $8000. The cost of Engineering is $5000. Mitchell & Morgan shall provide these services for Project 2 for total cost of $13,000. Other services may be added at the following hourly rates: Sr. Professional Engineer - Development Coordination $150/hr Sr. Professional Design Engineer $1 10/hr EIT $85/hr Drafting $65/hr Administrative $551hr Invoices will be submitted monthly based on work completed during that month. Reimbursable items such as other professional services, printing, copying, shipping and mailing, etc. will be billed at cost or invoice plus ten percent and reimbursed during the monthly billing cycle. We do require a signed contract in order to begin work. We look forward to working with you on this project. Sincerely, JOEL J. MITCHELL ..... . . . . . . . . . . . . . . . . . . ........... . % p, 87649 J EL J. MITCHELL, P.E. ss�onint. chell Morgan, LLP Firm # F1443 Page 2 FVOI pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 10, 2013 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Justice of the Peace, Pct.2 PI. 2 Cinque, Belinda New Hire S.O. Jail Basey, Jerry Promotion Marianari, Justin Promotion Stuart, Kevin Cell Allowance Road & Bridge Montoya, Keivan Resignation Approved in Commissioners' Court: Se tembe 10 013: County Judge's or Commissioner's Signature: u,- (This Copy to be attached to minutes)