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HomeMy WebLinkAbout2014-05-27 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MAY 27, 2014 AT 10 00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 26: 3. 4- r23 A IG l? t.. Consider and take possible action on a deed without warranty. 5. Consider and take possible action of termination of the Brazos County Tax Abatement with Gunler. Inc.. Gunler Foods Inc and Gunler Real Estate Inc entered into on September 18 2012. 6. Authorize the County Judge to sign the 2012 Homeland Securhy Grant Adjustment Notice IGANI 7. Consider and take possible aetion on reguest from Seitel a seismic data wmpanv to enter Brazos County Property. 91 ZX11 u -44 • a. Gary Arnold • b. Ernest Stuffs • c. Dr. Doug Vance Vol. 202 Pg. - • d. Glenn Chamblee • e. Irene Jett • f. Judge Peters • U. Charles Wendt (non - voting) • h. Lepal (non - voting) Approval of the following Job Descriptions: • a Temporary Attendant Building & Grounds (1040 hours) (Class Code 832 Position 31 for Expo Center • h Temporary Afendant Building & Grounds (1040 hours) (Class Code 832 Position 7) for Expo Center • e UPDATED - Clerk ICIass Code 0662 Position 11 for County Attorney 10 Consider and take possible action on Escrow Agreement between Axis Pipe and Tube Inc Brazos County and The Rosenblatt Law Firm P.C. 11. Discuss and take possible action on contract with Victoria County for Juvenile detention services. 12. Dlscues and take possible action on contract with VicWrin County for luveniie residential services. 13, Approval of permission to advertise RFP # 2014 -44 Renovation of Roots. 14, 15. Consider and take action on the Halcon Resources utility permit to Install temporary 10" aluminum water line along Wallis Road Proiect will provide water to oil well Site is located In Precinct 2. 16. Consider and take action on the Apache Corporatlon utility permit to instali temporary 10" water line rossina located on Silver HIM Road Proiect will provide yf ter to oil wellt Site Is located In Precinct 4 17. 18. Budget Amendments. :u�r•2 =231IFNEWIMMAIIEW 19. Manual capital requisition to Spectrum Soore boards in the amount of $11 170 for a electronic message board at the Expo. 20. Manual capital requisition to W W Manufacturing in the amount 21 $9,692.50 to purchase cattle panels for Expo, 21. Manual capital requisition to Merrill Bits Plus in the amount of 15,100 for a black widow arena drag for the Expo This Is a sole source purchase. 22 Capital requisition #00047186 to Fleet Safety in the amount of 1698,83 for the purchase of vehicle equipment for the SO. replacemerd vehicle. 23. Personnel Change of Status. Personnel Action Forms 24. Payment of Claims. 25. Convene into the following Executive Sessions: . a. Executive Session pursuant to Texas Government Code 551.087 to discuss or deliberate economic development negotiations Vol. 202 Pg. __ . b. Executive Session pursuant to Texas Government Code 551.074 to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal regarding the position of Medical Director. 26. Consider and possible action on Executive Sessions. 27. Sheriff's report on inmate population. 28. Announcement of interest items and possible future agenda topics. 29. Call for Citizen input and/or concerns. 30. Adjourn. Vol. 202 Pg. / �" PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda. and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioner Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 1B of the Texas Constitution. As a Consktutionel Court, the Brazos County Commissioners Court also possesses tie paver to issue a Contempt of Court Ctaaon under Section 61.024 of the Texas Loral Government Code. Accordingly, members of the pudic in attendance at any Regular. Special and/or Emergency meeting of the Court shall conduct themsalves with proper respect end dscaurn in speaking to, and/or addreselng the Could; In participating in public hfis slons before tlA Court; and in all actions in the presence of the Court. Those members of the public who ace inappropriately attired and /er who do not conduct themselves In an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Caurrs Order and/or continued disruption of the meeting may resut in a Conlampt of Court Craton. It Is not the Intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or, group. Neither is It the Intention of the Court to allow a member (w members) of the public to Insult the honesty and/or Integrity of the Court , as a body, or any member or members of the Court. or County employees, individualty or collectively. Accordingly. profane, insulting or threatening language directed toward the Court and /or any person In the Court's presence andlw rectal, ethnic or gander slurs or epithets will not be tolerated. Violation of these rules may result in the Wowing sanctions: 1. cancellation of a speakers tune; 2. removal from the Commissioner Court; 3. a Contempt Citation: and/or 4. such othor and/or criminal sanctions as may be authonzed under the Constitution. Statutes and Codes of the State of Texas. The County Commissioners Court can delibarete or take action only t a mater has been listed on an agenda properly posted prim to the maeting. During the public comment period, speakers may address matters rot listed on the published agenda. The Open Meeting Lew does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted pubic comment topics could become deliberation on a matter without notice to the public. To ensure the public has mks of all matters the Commissioner Court wig consider, the County Judge andlw Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, mks existing polity in response to an inquiry or to ask that a matter be listed on a future agenda. Sae Texas Open Meetings Act 7 551.042. INVOCATION Any invocation that may be offered before the official start of the Court m aril ahall be to and for the benefit of the CourL The views or baliefs exprossad by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or six a whole- No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate In the business of the Court . The Commissioners Courtroom of the County Administration Building. 200 South Taxes Ave., Suite 109. Bryan, TX 77$03 Is whe"air accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrorgsmenla, please call (979) 3911102. Vol. 202 Pg. f hS f i N y )G AO �Y OF a�P BRAZOS COUNTY BRYANJEXAS MINUTES May 27, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING C Signature Pape.pdf OS File Stamped Agenda.pdf r. Sign in sheet.pdf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, May 27, 2014 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Judge Peters. Call for Citizen input and /or concerns. There was no citizen's input. Consider and take action on agenda items 3 - 26: Vol. 202 Pg. f�1- i 3. h�' Item 3.1)df Resolution 14 -007 authorizing the County Attorney to institute legal action against Circle X Land & Cattle Co., Ltd., Joanne Akins, Brenda Armstrong, Jordan Bucknum, Jerry Bullin, John and Ashley Burrows, Steve Densmore, Lucy Gardena Tim Harding, William Hehl, Ray H. Kamps, Jim and Carol Lamar, Ken Menefee, Health Enrichment and Longevity Institute, Inc., Mike Noak, Jeff and Karen Robinson, Steven Stasney, Carol Ann Sutton, and Kyle and Joan Westfall. This is a lawsuit against Axis in Robertson County seeking monetary damages and a permanent injunction against Axis and seeking to permanently enjoin Axis from operating at any time other than between the hours of 8:00 a.m. and 5:00 p.m. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 4. Consider and take possible action on a deed without warranty. = Item 4.odf The Court approved as submitted a deed without warranty conveying to Jarrett Eddington and his heirs and assigns Lots 1 and 2, Block 2, Washington Heights Addition, City of Bryan, Brazos County, Texas as shown in Volume 109, Page 340 of the Deed Records, Brazos County, Texas, Tax Account No. 46870. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 5. Consider and take possible action of termination of the Brazos County Tax Abatement with Gunler, Inc., Gunler Foods, Inc., and Gunler Real Estate, Inc. entered into on September 18, 2012. E Item 5.odt This is done due to none performance of contract on the part of Gunler. The County will give Gunler a 30 day notification. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann. 6. Authorize the County Judge to sign the 2012 Homeland Security Grant Adjustment Notice (GAN). U Item 6.0 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. Consider and take possible action on request from Seitel, a seismic data company, to enter Brazos County Property. IS Item TO Seitel will pay the County $4,904.07 for testing done on the property Vol. 202 Pg. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 8. Approval of the following committee for the evaluation of proposals received in response to RFP # 201 -44 Renovation of Roofs: 6' Item 8.odf • a. Gary Arnold • b. Ernest Stutts • c. Dr. Doug Vance • d. Glenn Chamblee • e. Irene Jett • f. Judge Peters • g. Charles Wendt (non- voting) • h. Legal (non- voting) Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 9. Approval of the following Job Descriptions: Id Item 9.odf • a. Temporary Attendant Building & Grounds (1040 hours) (Class Code 832 Position 3) for Expo Center • b. Temporary Attendant Building & Grounds (1040 hours) (Class Code 832 Position 7) for Expo Center • c. UPDATED - Clerk (Class Code 0562 Position 1) for County Attorney Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters. Wassermann . 10. Consider and take possible action on Escrow Agreement between Axis Pipe and Tube, Inc., Brazos County, and The Rosenblatt Law Firm, P.C. RE Item 10.odf The Court approved as submitted an Escrow Agreement between Axis Pipe and Tube, Inc., Brazos County and The Rosenblatt Law Firm, P.C. The Rosenblatt Law Firm will act as Escrow Agent and hold the funds to insure completion of the installation of approximately 100 I.f. of 48" RCP culvert, 15,300 s.y. of 6" lime stabilized subgrade, 12,900 s.y. of 8" flexible base, 12,900 s.y. of 2" hot mix asphaltic concrete surface as well as additional activity to support the above mention improvements, and the creation of 128 permanent, full time equivalent jobs at the company's facility. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 11. Discuss and take possible action on contract with Victoria County for juvenile detention services. 92 Item 11.odf The Court approved as submitted a Contract and Agreement for Secure Short Term Detention of Juvenile Offenders Space Available with the Victoria County Juvenile Board, Victoria County Juvenile Justice Center. Term of the contract is from September Vol. 202 Pg. 1, 2014 through August 31, 2015. Cost to Brazos County will be $100 per day per child. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters . Wassermann . 12. Discuss and take possible action on contract with Victoria County for juvenile residential services. E Item 12.0 The Court approved as submitted a Contract and Agreement for Secure Long Term Residential Service of Juvenile Offenders Space Available with the Victoria County Juvenile Board, Victoria County Juvenile Justice Center. Term of the contract is from September 1, 2014 through August 31, 2015. Cost to Brazos County will be as follows: • Basic Level of Care $98 per day per child • Specialized Level of Care $140 per day per child Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 13. Approval of permission to advertise RFP # 2014 -44, Renovation of Roofs. r 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. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the right -of -way of Old Reliance Road. Project will provide water to oil well. Site is located in Precinct 2. 16 Item 14.0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard, Peters, Wassermann . 15. Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line along Wallis Road. Project will provide water to oil well. Site is located in Precinct 2. L; Item 15.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 16. Consider and take action on the Apache Corporation utility permit to install temporary 10" water line crossing located on Silver Hill Road. Project will provide water to oil well. Site is located in Precinct 4. L: Item 16 .pd Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 17. Request permission to enter private property owned by Van and Linda Goerger located Vol. 2 02 Pg. _13,11, on Los Robles Road. Project will cut and remove dead brush along right -of- way /fence line. Site is located in Precinct 4. fL Item 17.pdf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 18. Budget Amendments. Budget Amendments FY 13/14 33.1 thru 33.10 9 Item 18.pdf 33.1 Reallocate funds for County Attorney Administration 33.2 Reallocate funds for County Attorney Operating Fund Hot Checks 33.3 Reallocate funds for Information Technology Services 33.4 Reallocate funds for County Court at Law #1 Staff Support and Judicial Support 33.5 Reallocate funds for Hotel Occupancy Tax 33.6 Reallocate funds for Hotel Occupancy Tax 33.7 Reallocate funds for Hotel Occupancy Tax 33.8 Transfer funds from General Fund Contingency and Non - Departmental to County Clerk Elections 33.9 Transfer funds from General Fund Contingency to Court Support-Civil 33.10 Reallocate funds for Capital Projects. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 19. Manual capital requisition to Spectrum Scoreboards in the amount of $11,170 for a electronic message board at the Expo. 9: Item 19.0 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 20. Manual capital requisition to W -W Manufacturing in the amount of $9,592.50 to purchase cattle panels for Expo. It Item 20.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 21. Manual capital requisition to Merrill Bits Plus in the amount of $5,100 for a black widow arena drag for the Expo. This is a sole source purchase. U Item 21.pdf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 22. Capital requisition #00047195 to Fleet Safety in the amount of $598.83 for the purchase of vehicle equipment for the S.O. replacement vehicle. Item 22.pdf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Vol. 202 Pa. Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann. 23. Personnel Change of Status. Personnel Action Forms 91 Item 23.odf A copy of the Personnel Change of Status requests 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. 24. Payment of Claims. C Claims Sheelodf IL BILL LIST 05.27.14.edf 7121677 through 7121767 were ratified 7121768 through 7122007 were approved Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 25. Convene into the following Executive Sessions: At this point, the County Judge announced the Court would consider items 27 through 29 then return to convene into Executive Session to discuss two (2) items pursuant to the following sections of the Texas Government Code: • a. Executive Session pursuant to Texas Government Code 551.087 to discuss or deliberate economic development negotiations • b. Executive Session pursuant to Texas Government Code 551.074 to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal regarding the position of Medical Director. Having considered the previously noted agenda items, at 10:16 a.m. the County Judge announced that there was no need to meet in Executive Session to discuss economic development, but closed the meeting to the public to discuss the Medical Director. He asked that the following individuals stay for the session: Candy Gallego, Executive Assistant Jennifer Salazar, HR Director Jackie Cantu, HR Associate Bill Ballard, Civil Counsel Bill Jeanes, Risk Management Dr. Michael E. Jones 26. Consider and possible action on Executive Sessions. At 10:21 a.m. the County Judge announced the meeting open to the public. On motion by Commissioner Catalena, seconded by Commissioner Wassermann, the Court voted unanimously to hire Dr. Michael E. Jones as Brazos County's Medical Vol. 202 Pg. /3� Director effective as of this date May 27, 2014. 27. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 618 inmates in jail, 55 have electronic monitors and 4 are pending for monitors. 28. Announcement of interest items and possible future agenda topics. There were no announcements. 29. Call for Citizen input and /or concerns. There was no citizen's input. 30. Adjourn. Vol. 202 Pg. f��� The foregoing minutes of the Commissioners Court meeting held May 27. 2014 have been examined and are approved in open Court this I G day of Duane Peters County Judge Precinct 2 Commissioner, Precinct 4 Attest: Karen McQueen County Clerk 0 in Bryan, Brazos County, Texas. Vol. 202 Pg. 136 Lloyd Wf(ssermann Commissioner, Precinct 1 Kenny Mallard Commissioner, ecinct 3 BRAZOS COUNTY COMMISSIONER'S COURT o22kDAY 10:00 Name Pg 1 of zoo Organization ( EASE PRINT)�K ne gi e Vol. 202 Pe. Pg oZof� BRAZOSCOUNTY COMMISSIONER'S COURT ,;27 SAY OF W% � , 20 IV ID: 0 D AwPM, Name (PLEASE PRINT) �kjm . e1mi-c E-5 Jo e SaLVZt -10 Organization (PLEASE PRINT) I� Vol. 202 Pg. ljIfl I RESOLUTION AUTHORIZING THE BRAZOS COUNTY ATTORNEY TO INSTITUTE LEGAL PROCEEDINGS AGAINST: CIRCLE X LAND & CATTLE CO., LTD., JOANNE AKINS, BRENDA ARMSTRONG, JORDAN BUCKNUM, JERRY BULLIN, JOHN AND ASHLEY BURROWS, STEVE DENSMORE, LUCY GARDENA TIM HARDING, WILLIAM HEHL, RAY H. KAMPS, JIM AND CAROL LAMAR, KEN MENEFEE, HEALTH ENRICHMENT AND LONGEVITY INSTITUTE, INC. MIKE NOAK, JEFF AND KAREN ROBINSON, STEVEN STASNEY, CAROL ANN SUTTON, AND KYLE AND JOAN WESTFALL ( "PLAINTIFFS") WITNESSETH: WHEREAS: The Texas Triangle Park ( "Park') comprises two (2) tracts of land, collectively nearly one thousand (1000) acres in Brazos County, Texas. The Park is owned or optioned by the City of Bryan Brazos County Economic Development Foundation ( "EDF "). The EDF is a Texas Transportation Commission corporation created by and owned by Brazos County and the City of Bryan. The EDF is an authorized corporation designed to improve economic development; and, WHEREAS: Axis Pipe and Tube, Inc. ( "Axis ") purchased 160 acres of land in the Park for the development of a pipe and tube manufacturing plant; and, WHEREAS: Brazos County entered into a tax abatement agreement with Axis for a ten year period. In exchange for the tax abatement, Axis promised to construct, or cause to be constructed a product production and distribution facility having an initial minimum size of 385,000 sq. ft. Achieve a minimum investment valuation at its Facility of ONE HUNDRED TWENTY MILLION DOLLARS ($120,000,000.00) by November 1, 2016 and employ a minimum of two hundred eighty -five (285) full time employees (FTEs) with a minimum annual payroll of TEN MILLION FIVE HUNDRED FORTY FIVE THOUSAND DOLLARS ($10,545,000.00) by November 1, 2016; and, Vol. 202 Pg. !� WHEREAS: Plaintiffs filed a lawsuit against Axis in Robertson County seeking monetary damages and a permanent injunction against Axis; and, WHEREAS: Plaintiffs seek to permanently enjoin Axis from operating at any time other than between the hours of 8:00 a.m. and 5:00 p.m.; and, WHEREAS: Brazos County has a justiciable interest in this lawsuit because it has invested substantial resources in acquiring the acreage within the Park and marketing the same to heavy- industry businesses in order to promote economic development in the region; and, WHEREAS: Brazos County has built infrastructure to service industrial activity within the Park; and, WHEREAS: Plaintiffs challenge the County's authority to establish heavy commercial zones like the Texas Triangle Park; and, WHEREAS: The relief sought by the Plaintiffs would render unmarketable the remaining acreage within the Park, rendering useless the existing infrastructure within Texas Triangle Park; and, WHEREAS: A judgment in Plaintiffs' favor would create an environment of uncertainty at Texas Triangle Park, cause the property value and marketability of the remaining acreage within Texas Triangle Park to plummet; (2) cost Brazos County the projected tax revenue, new jobs, and other economic benefits they have worked to foster in Texas Triangle Park; (3) undermine the efforts of EDF, the corporation that Intervenors chartered to develop Texas Triangle Park; and (4) make waste of the resources Intervenors have already exhausted developing Texas Triangle Park; and, WHEREAS: The COUNTY desires to protect the interests of all of its Vol. 202 Pg. ///c' citizens. NOW, THEREFORE, for the reasons stated above, the Brazos County Commissioners Court authorizes the Brazos County Attorney to intervene in the lawsuit in order to protect the interests of Brazos County. r) rK DATED this U0 day of May, 2014 in Bryan, Brazos County, Texas. I L Duane Peters ,,yy /� County Judge Comrrflssioner Lloyd Wassermann Precinct 1 Commissioner Kergy Mallard Precinct 3 ATTEST: ZV 044.,y C mission Sammy Catalena "t/(- /� Karen McQueen o„�I County Clerk -" Q' Vol. 202 Pg. 147411 DEED WITHOUT WARRANTY THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZOS THAT Brazos County, TRUSTEE, acting by and through the County Judge, Grantor, for and in consideration of the sum of TEN AND NO/HUNDREDTHS DOLLARS ($10.00), and other good and valuable consideration paid by the Grantee named below, the receipt and sufficiency of which are acknowledged by Grantor, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY to Jarrett Eddington and his heirs and assigns, the following described Property, to wit: Lots I and 2, Block 2, Washington Heights Addition, City of Bryan, Brazos County, Texas as shown in Volume 1109, Page 340 of the Deed Records, Brazos County, Texas, Tax Account No. 46870 The Grantor and all the taxing units involved in this conveyance exclude and except any warranties, express of implied, regarding the Property, including, without limitation, any warranties arising by common law or Section 5,023 of the Texas Property Code or its successor. This conveyance is expressly made subject to any right of redemption of the Property which may exist under Section 34.21 of the Texas Tax Code. Grantor(s) have not made, and do not make any representations, warranties or covenants of any kind or character whatsoever, whether express or implied, with respect to the quality or condition of the property, the suitability of the property for any and all activities and uses which grantees may conduct thereon, compliance by the property with any laws, rules, ordinances or regulations of any applicable governmental authority or habitability, merchantability or fitness for a particular purpose, and specifically, grantors do not make any representations regarding hazardous waste, as defined by the Texas Solid Waste Disposal Act and the regulations adopted thereunder, or the U. S. Environmental Protection Agency regulations, or the disposal of any hazardous or toxic substances in or on the property. TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances belonging in any way to the Property, subject to the provisions, stated above, to Grantee, Jarrett Eddington and his heirs and assigns, forever, without warranty of any kind. This conveyance is expressly made subject to the property taxes for the tax year 2014 and subsequent years. Vol. 20 2 Pg. IN TESTIMONY WHEREOF, the Brazos County, Trustee, pursuant to Section 34.05(a) of the Texas Tax Code, have caused these presents to be executed this the day of , A.D., 2014. B os unty By S County Ju ge THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, on this day personally appeared Duane -V6Cr5 , County Judge of Brazos County, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the official capacity indicated and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the(9r ' day of A.D., 2014. 0 .. A t. �. r geytry Ed%" . • ¢ Notary Public No Public in and for the t to f xas STATE OF TEXAS t�, Q ;;�* My Comm. Exp.08% 015. My Commission Expires iy �� / .... ............................... After recording, return to: University Title Company Attention: Darlene Fairchild 1021 University Dr. East College Station, TX 77840 Vol. 202 Pg. /4-/3 W of Texas Department of Public Safety 7ci 2012 Grant Adjustment Notice T A for ;5 Brazos County 1ilt't7F�}�L im f� �L .I`N' jiih. 'IComm ,I ,� "r4r�a"r`:rl�nl 111 llN�I tl�. ivilli �i� i�4'IPlilki Date of Award: May 19, 2014 Prepared By: Youngs, 3amie 3. SAA Award Number: 12 -GA 48041.04F t , d l' } I if `,„ l i0rantrl,; ntornlaflR.11h til.'.. 'a�1 _ lnl Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program(SHSP) Federal Grant Award Number: EMW- 2012 -SS- 00018 -S01 Judge Duane Peters Brazos County Federal Granting Agency: Department of Homeland Security FEMA 200 South Texas Ave., Sulte 332 Grant Programs Directorate Bryan, TX 77803 Date Federal Grant Awarded to TxDPS: September 6, 2012 CFDA: 97.067 6° ofd' u R n¢ ra" g k8 I p , ir .... �n'. .. Grant Period: SHSP LETPA From: To: Sep 1, 2012 Apr 30, 2014 $9,468.12 (The SAA must receive all Involces by the end of grant period) 7. Statutory Authority for Grant: The Consolidated Appropriations Act 2012, Division D (Public Law 112 -74), and the Homeland Security Act of 2002 (Public Law 107 -296), as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110 -53). S. Method of Payment: Primary method is reimbursement. 9, Debarment /Suspension Certification: The Sub-Reciplent certlfles that the sub - recipient and Its contractors /vendors are not debarred,suspended, proposed for debarment, declared Ineligible or voluntarily excluded by any federal department or agency and do not have active Exclusions listed at https: / /www.sam.gov /portal /public /SAM/ 10 iwA99BCYmAA li>VBI..,i lj',,,II ' ++1i, �M �:: i� � , iii OM ,a,ll �,tlh. II G Approving TxDPS Official: Signature of TxDPS Official: le Pharr Deputy Assistant Director Deputy J / �� ,� — ifs Texas Homeland Security /Je try r+ State Administrative Agency Texas Department of Public Safety ryry��� Iiu�:I f Jill !j'F!j 'FA k T .k a' ����, : ' l! "AN-944"R '� WI,"A�� hI. I11�. �I:�. �Ii. : al x ,'a,.' .. L. .� III .,, Ii .. II u 1'r i 11,4: i{ u I have read, understood and agree to this Sub - Recipient Agreement consisting of this Award and the attached Terms and Conditions. Print name and ti le of Authorized Sub - Recipient Official: natu of Su ohecipient Official: D,kai, ie- tWS CovnKA J Enter Employe dentification umber (EIN) or DUNS Number: Date Signed Federal Tax Identification Number: r)y- aq 60341 to C0`5 DUE DATE: July 3, 2014 Signed Award with Terms and Conditions must be returned to SAA_SRAodps.texas.gov on or before the due date. Vol. 202 Pg.19�� 2012 TERMS AND CONDITIONS Instructions: The Sub - recipient shall: 1. Fill in the information and sign the Grant Sub - Recipient Award,' 2. Certify they have read and understand these Terms and Conditions: 3. Certify to the statements provided in Exhibits A, 8, C and D located at the back of this document by filling in contact information and signing all exhibits, and 4. Return alf documents via email to SAA—SRA@dps.texas.gov on or before the date provided in the transmittal letter and/or in this grant. Grant Sub -reci i�entAgreemenf This Grant Sub - recipient Agreement (consisting of this 2012 Grant Sub - recipient Award and these Terms and Conditions) is made and entered into by and between the Department of Public Safety / Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "DPS/THSSAA," and the funds recipient, hereinafter referred to as the Sub - recipient" or "Sub - grantee." Furthermore, DPS/THSSAA and the Sub - recipient are collectively hereinafter referred to as the "Parties." This Grant Sub - recipient Agreement (SRA), or otherwise referred to herein as "this Grant" or "this Agreement", is only an offer until Sub - recipient returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub - recipient Award. The FY 2012 Homeland Security Grant Program (NSGP) funding plays an important role in the implementation of Presidential Policyy Directive — 8 (PPD -8) by supporting the development and sustainment of core capabilities to fulfill the National Preparedness Goal (NPG) HSGP funding shall be used for costs related to the planning, organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. Sub - recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. If Sub - recipient issues subawards as part of this Grant project, Sub - recipient shall include and require its subawardees to comply with the terms and conditions of this Grant. The FY 2012 Nonprofit Security Grant Program (NSGP) funding plays an important role in the implementation of Presidential Policy Directive 8 (PPD -8) by supporting the development and sustainment of core capabilities to fulfill the NGP. NSGP provides funding for target hardening and other physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack and located within one of the specific Urban Areas Security Initiative (UASI)- eligible Urban Areas. While this funding is provided specifically to high -risk nonprofit organizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. The term "Sub - recipient agreement funds" as used in this Grant means funds provided by DPS/THSSAA under the United States Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein as DHS/FEMA). The term "Sub- recipient's funds" or match funds as used in this Grant means funds provided by the Sub - recipient. Overview and Performance Standards All allocations and use of funds under this Grant shall be in accordance with the FY 2012 Funding Opportunity Announcement (FOA) for the Federal Grant Title specified on this Grant, and such FY 2012 FOA is incorporated by reference herein. Sub - recipient shall read, understand and accept the FY 2012 Funding Opportunity Announcement as binding. Standard of Performance . Sub - recipient shall perform all activities and projects entered into the DPS/THSSAA web -based grants management system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate local, regional and state -level grant administrator(s). Sub - recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances — Non - Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances — Construction Programs, hereinafter referred to as "Exhibit B" 3. Certifications, hereinafter referred to as "Exhibit C' 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" Failure to Perform. In the event Sub - recipient fails to implement the project(s) entered and approved in the DPS/THSSAA web -based grants management system, or comply with any provision of this Grant, Sub - recipient shall be liable to DPS/THSSAA for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS /FEMA grant program funds or any other grant program funds administered by DPS until repayment to DPS/THSSAA is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future funding in additional DHS/FEMA and /or other grant programs administered by DPS. Sub - recipient shall assess its federally funded projects for potential impact to environmental resources and historic properties. Sub - recipient shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by DPSITHSSAA. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. Sub - recipient shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity prior to comoletion of FEMA' Vol. 202 Pg. Sub - recipient, as soon as possible upon receiving its grant award, shall provide information to DPS/THSSAA to assist with the legally- required EHP review and to ensure compliance with ap licable EHP laws and Executive Orders (EO) currently usingg the FEMA EHP Screening Form OMB Number 1660- 0115IFEMA Form 024 -0�1 and submitting it with all supporting documentation, to DPS/THSSAA for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. Sub - recipient shall comply with all Federal. State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 329. Sub - recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. Sub - recipient shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re- evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during protect implementation, Sub - recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Sub - recipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Funding Obligation A. DPS/THSSAA shall not be liable to Sub - recipient for any costs incurred by Sub - recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/THSSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Sub - recipient Award. C. Sub - recipient shall contribute the match funds listed on the Grant Sub - recipient Award. D. Sub - recipient shall refund to DPS/THSSAA any sum of these grant funds that has been determined by DPS/THSSAA to bean overpayment to Sub - recipient or that DPS/THSSAA determines has not been spent by Sub - recipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. Sub - recipient shall make such refund to DPS/THSSAA within thirty (30) days after DPS/THSSAA requests such refund. E. Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA's obligations under this Grant are contingant upon the receipt of adequate funds to meet DPS/THSSAA's liabilities hereunder, except as required by the Homeland Security Grant Program (HSGP). DPS/THSSAA shall not be liable to Sub - recipient for costs which exceed the amount specified in this Grant. grant management system y the end of the performance period. DPSfTHSSAA shelf not be obligated to reimburse expenses incurred or submitted after the performance period. S ni&rm Administrative Reguirements Cost Principals and Audit Reauirements Except as specifically modified by law or this Grant, Sub - recipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, includin but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non - exclusive list is provided below. A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the A -102 Common Rule); 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (OMB Circular A -110). 3. 44 C.F.R. Part 10, Environmental Considerations B. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A -87) 2. 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A -21) 3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A -122) 4. 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements OMB Circular A -133, Audits of States, Local Governments and Non - Profit Organizations. D. Grant Guidance (Funding Opportunity Announcement) Sub - recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2012 Funding Opportunity Announcement and supplemental resources for the HSGP currently available at h@c..1hy w fan, oav lodf /aovemment /aranY2Cl2/fvl2 hsoo foa.odf and the Nonprofit Security Grant Program (NSGP), httD7/ ..wW feMA nnvindf /nnvernmentlarantl7012 /fvl2 nsao foa.DdL Vol. 202 Pg. l 4 cific Acknowiedaements and Assurances Sub - recipient shall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1— Financial Assistance Award Standard Terms and Conditions (January 10, 2011), which is incorporated by reference herein. DHS requires those standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awards. Http: //www.dhs.gov/xlibrary/assets /cfo-financial- management - policy- manual.pdf. Sub - recipient acknowledges and agrees, and shall require any sub- recipients, subawardees, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub - recipient shall cooperate with any compliance review or complaint investigation conducted by DHS. 2. Sub - recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to this grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub - recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate bat kup documentation to support the reports. 4. Sub - recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three (3) years, Sub - recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, Sub - recipient shall provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against Sub- reapient, or Sub - recipient settles a case or matter alleging such discrimination, Sub - recipient shall forward a copy of the complaint and findings to the DHS Component and /or awarding office. The United States has the right to seek judicial enforcement of these obligations. If Sub - recipient is receiving Operation Stonegarden (OPSG) funds. Sub - recipient is prohibited from obligating or expending OPSG funds provided through this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order or Fragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border ProtectienlBorder Patrol (CBP /BP). Each Operations Order will be transferred via the secure portal (CBP /BP) BPETS system from each respective AOR Sector HO to CBPIBP HO in Washington, D.C.. for review and pre - approval for Operational continuity, then forwarded to FEMA GPD /PGD OPSG Program Office for final review /approval, Official notification of approval will be sent by FEMA via email to DPS(THSSAA and CBP /BP HO in Washington, D.C. 1. Sub - recipient shall develop and submit required operational documents through the border area's Integrated Planning Team. 2. Sub - recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which will articulate the intent of how OPSG funds will be used throughout Sub - recipient's grant performance period. 3. If Sub-recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request for an overtime waiver shall be submitted through the Integrated Planning Team. 4, Sub - recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan. 5. Sub - recipient shall only initiate tactical operations after the specific Operations Orders) are approved through the Border Patrol Headquarters and by FEMA, and the DPS/rHSSAA has issued a Grant Sub-recipient Award or GAN to the jurisdiction. i State Requirements for Grants Sub - recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, State Administrative Agency Information Bulletins, available at htlm //www.txdDs-state.tx us /director staff /saalnformation bulletins. him, Texas Uniform Grants Management Standards (UGMS) at hno�m,r: oov ernocstate. tx. us/ files /state- arants/UGM5o62004.doc and the State Administrative Agency Sub - recipient Manual, available at hire www txdoc.ctat .tx. r /dir .ctor stafflc_aa/ documents /subrecioientManual.odf. Sub- recipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application. Sub - recipient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follows: 1. Grant funds may not be expended for a grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, unless the law enforcement agency requesting the grant is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. 2. Grant funds may not be granted to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. 3. Grant funds may not be expended to a unit of local government unless the following limitations and reporting requirements are satisfied: Vol. 202 Pg. / i�% a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; b. Texas Government Code Sections 556.004, 556.005, and 556.006, including not using any money or vehicle to support the candidacy of any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose; and not using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered lobbyist; c. Texas Government Code Sections 2113.012 and 2113.1 D1 including not using grant funds to compensate any employee who uses alcoholic beverages on active duty plus Sub - recipient may not use gram funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act, Art. IX, Section 6.13 requiring Sub - recipients to make every effort to attain key performance target levels associated with this grant award, including performance milestones, milestone time frames, and related performance reporting requirements; and e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, including grant funds may only be expended if Sub - recipient limey completes and riles its reports. A. Wile 91 Funds. DHS grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants /cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. B. Lobby no Prohibited. No funds shall be expended by Sub•Recipient to Pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions may be found at 31 U.S.C. §1352. Further, Sub - Recipient understands and agrees that it shall not use any federal funds, either directly or indirectly, in support of the enactment, reppeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of FEMA. C. I p&jg[[jp9FuIjdL Sub - recipient is prohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG) without a properrly executed GAN. D. Federal Emolovee Prohibition. Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. E. )<g Cateaodes. There may be limitations on the use of HSGP funds for the categories of costs listed below. For additional details on restrictions on the use of funds, refer to the FY 2012 HSGP FDA, Appendix C, Funding Guidelines. 1. Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training 6. Exercises 7. Maintenance and Sustainment 8. Critical Emergency Supplies 9. Construction and Renovation F. ('overnine Board Approval In cases where local funding is established by a COG or an Urban Area Security Initiative (UASI) governing board, the release of funds by DPS/rHSSAA is contingent upon funding allocation approval by the governing board. G. Notices. All notices or communications required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail. return receipt requested, or sent by overnight courier, such as Federal Express or Loan Star, to the other party at its respective address. For notice to DPS/rHSSAA see address set forth below. For Sub- recipient, see the address listed on the Grant Sub- Recipient Award page or Point of Contact address listed for the Sub - recipient in the DPSfrHSSAA Grants Management System (SPARS). Homeland Security Stale Admin. Agency Department of Public Safety Box 4087 H. Points of Contacts. Within 30 days of any change, Sub- reGplent shall notify DPS/THSSAA of any change or correction to the chief elected official, program, andlor financial points of contact in the 8PSrrHSSAA grant management system. Vol. 202 Pg. /`/s/ I. DUNS Number. Sub - recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705.5711 or l //fedoov.dnb.com/weMorm. J. Central Contractor Registration and Universal Identifier Requirements. Sub - recipient maintains that it has registered on www.ccr.aov, www sam.00v /. or other federally established site for contractor registration, and entered OPS / rHSSAA- required information. Sub- recipient shall keep current, and then review and update the CCR information at least annually. Sub - recipient shall keep information current in the CCR /SAM database until the later of when it submits this Grant's final financial report or receives final grant award payment. Sub - recipient agrees that it shelf not make any subaward agreement or contract related to this Grant without first obtaining the vendodsubawardee's mandatory DUNS number. See section .210 of OMB Circular A -133, Audits of States, Local Governments, and Non-profit Organizations. K. Indirect Cost Allocation Plan. Sub - recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by Cognizant Agency to DPS/fHSSAA within 30 calendar days of the approval. "Cognizant agency" means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies at hid //harvester census aov /sac/dissem /asp /reports aso. Unless the basis of the cost plan changes, Sub - recipient only needs to forward the annual Indirect Cost Rate approval letter to DPSITHSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be entailed toSAA RRQdos.texas.aov. The Sub - recipient name shall be included in the file name and subject line of the email transmittal. L. Reportino Total Compensation of Sub - recipient Executives. 2 C.F.R. §170.320; see FEMA Information Bulletin 350. 1. Applicability and what to report: Sub - recipient shall report whether Sub - recipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub - recipient shall report whether 80% or more of Sub- recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub - recipient answers yes" to both questions, Sub - recipient shall report, along with Sub - recipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Sub - recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report* Sub - recipient shall report executive total compensation at www.ccr.aov www.sam.00v / or other federally established replacement site. By signing this Grant, Sub - recipient certifies that, if required, Sub - recipient's jurisdiction has already registered, entered the required information, and shall keep information in the CCR /SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub - recipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. M. tired Deposit. If Sub - recipient has not received HSGP reimbursements from DPSrfHSSAA within the past eleven (11) months (prior to date of award), f shall forward a new /updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub - recipient shall be emailed to SAA RR(Wdps.texas.aov. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. "Sample County DD form "). The direct deposit form is currently available at ntts! "• ^• ^° ��indow state tx us/taxmfoltaxforms/74- 176.odf. Sub - recipient may simultaneously sign up for the Advance Payment Notification (APN) email feature which provides State of Texas payees with sore- business -day advance notice that a direct deposit payment has been sent to its financial institution. After receiving an APN, a payee may securely access its payment details online._ N. Procurements. Sub - recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 44 C.F.R. §13.36. 0. Contract Provisions. All contracts executed using funds granted under this Grant shall contain the contract provisions listed under 44 C.F.R. §13.37(1 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds granted under this Grant, Sub - recipient shall determine whether the vendorlsubawardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department and agency and shall confirm the vendorlsubawardee does not have any active 'Exclusions' by reviewing the vendorlsubawardee entity information at hries /Iwww sam oovloortalloublicISAML C. Management and Administration. If this Grant includes a specific award of funds to Sub - recipient for management and administration (MBA), Sub - recipient shall comply with all applicable requirements and limitations with respect to M &A. For additional information on MBA, refer to Information Bulletin 365 located at htt^ tAmm fema aov /aovernmen /arant/bulletinslindex shtmftll. R. Personnel Cap. Up to fifty percent (50 %) of all HSGP awards received by Sub - recipient may be used for personnel and personnel - related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110.412). In general, use of HSGP funding to pay for staff and/or contractor regular time or overtime /backfill, among other items, are considered personnel - related costs. Sub - recipient may request a waiver to the 50% personnel cap b submitting a waiver request through its respective regional council or urban area working group to DPSJTHSSAA at t . Requests for waivers shall be submitted on official Sub - recipient letterhead and be signed by an authorized official oS ub- recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379. S. Property Management and Inventory. At least every two (2) years, Sub - recipient shall take a physical inventory and shall reconcile the results with property records. Sub - recipient shall maintain Propertyhnventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (See sample inventory record format at httn r"•••^•• xiong state bs.us/drector staff /saa /audh and compliance.htm ) Sub - recipient shall develop and implement a control system to prevent loss, damage or theft of property and Sub - recipient shall investigate and document any loss, damage or theft of property funded under this Grant. T. Publications. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine, journal, or trade paper, shall include the following: "This material is based upon work supported by the U.S. Department of Homeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security ° Vol. 2 Pg. /1(y U. Acknowledgement of Federal Fundino from DHS. Sub - recipient shall comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. V. Use of DHS DPS and DP /THSSAA Seals and Non- ndors m nt. Sub - recipient shall obtain DHS, DIPS, or OPS/THSSAA's prior written approval before using any of these agencies' seats), logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies' seals, etc., including use of the United Stales Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials. W. Coovnaht. Sub - recipient shall comply with requirements regarding publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., dassified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published in academic, technical of professional journals, symposia proceedings, or similar works, Sub - recipient grants the Government a royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. Sub- recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under this Grant. Further, Sub - recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for government purposes: (1) the copyright in any work developed under an award or sub - award; and (2) any rights of copyright to which a recipient or Sub- recipient purchases ownership with Federal support. Sub - recipient agrees to consult with 0 S/THSSAA regarding the allocation of any patent rights that arise from or are purchased with this funding. X. Quarterly P -rforman a Reports. Sub - recipient shall submit performance reports and progress reviews per DPS/THSSAA and /or FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) day after the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required by DPS/rHSSAA. DPS/rHSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information requests. Failure to timely . complete a erformance report will result in Sub - recipient being unable to request additional reimbursementsladvances and may affect future funding. Y. Site Visits. DHS andlor DPSIrHSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on the premises of Sub - recipient or a contractor under this Grant, Sub - recipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Z. I imited Fnalish Proficiency (Civil Rights Act of 1964. Title VII. Sub - recipient shall comply with the requirements of EO 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Sub - recipient shall take reasonable steps to ensure that LEP persons have meaningful access to Sub - recipient's programs. Meaningful access may entail providing language assistance services, Including oral and written translation, where necessary. Sub - recipient is encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to hltp: //vrww.lep.aov. AA. Protection of Human Subjects. Sub - recipient shall comp)yy with the requirements of the Federal regulations at 45 C.F.R. Part 46, which requires that Sub - recipients comply with applicable provisionsAaw, for the protection of human subjects for purposes of research. Sub - recipient shall comply with the requirements in DHS Management Directive 026.04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women. and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 C.F.R. Part 46. BB. National Flood Insurance Act of 196B. Sub- recipient shall comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63. cc. USA Patriot Act of 2001. Sub - recipient shall comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. § §175 -175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the Act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. DD. Fly America Act of 1974. Sub - recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. government funds requirement, which stales preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and Comptroller General's guidelines. EE. Activities Conducted Abroad. Sub - recipient shall comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Vol. 202 Pg. 131) FF. Traffickjno Victims Protection AG of 2000. All recipients of financial assistance shall comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 1000) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, the recipient or a sub - recipient: (a) engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect; or (c) uses forced labor in the performance of the award or subawards under the award. DPSrHSSAA is authorized to terminate this award, without penalty, if the above condition is violated. Sub recipient shall include this condition in any subawards or contracts it makes as a result of this Grant. Full text of the award term is provided at 2 C.F.R. §175.15. GG. Americans with Disabilities Act of 1990. Sub - recipient shall comply with the requirements of Tities I, 11, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C. §§ 12101- 12213. HH. Public Dissemination of Sensitive Information. Sub - recipient shall notify DPSrrHSSAA of any workshops, conferences, seminars or other public venues at least one hundred (100) calendar days before presenting any potentiallyy sensitive information regarding this project. No sensitive information may be presented by Sub - recipients' personnel without DPSfTHSSAA and the DHS Grants Officer's review and prior written approval. fib Security ConcemsA(iotations. Sub - recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) calendar days of Sub - recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information. In the event that sensitive information is divulged in violation of Sub - recipient's security procedures, Sub- recipient shall immediately notify the DPSrrHSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. JJ. Classified Security Condition 1. No funding under this award shall be used to support a contract, sub - award, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for that access to such information. 2. "Classified national security information" as defined in Executive Order (E0) 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. 3. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, sub - award, or other agreement for goods or services that will include access to classified national security information by the contractor, sub- swardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Branch Program (ISBP), or an appropriate official within the Federal department or agency with whom the classified effort will be performed. 4. Such contracts, sub - awards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008: EO's 12629, 12959, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM): and /or other applicable implementing directives or instruction. All security requirement documents are currently located at: bjip /heww.dhsi ov /xognbizJerants /indcx.shtm. 5. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, sub - award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub - award, or other agreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202- 447 -5346, Email: OD254AdminislrativeSecujpdhs .gov, Mail: Department of Homeland Security, Office of the Chief Security Officer, ATTN: ASD /Industrial Security Program Branch, Washington, DC. 20528 Other Repniremenfs A. During the performance period of this Grant, Sub - recipient, counties, cities, towns, and Indian tribes shall maintain an Emergency Management Plan at the Intermediate Level of planning preparedness or higher, as prescr bed by the Texas D vision of Emergency Management (TDEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or partiapating in an nterjurisdictional emergency management program that meets the required standards. If T EM identifies deficiences in Sub recipent's plan, Sub - recipient shall correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM. B. Projects identified and approved in the DPSIfHSSAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub - recipient shall submit protect plans, milestones, outputs/outcomes, narratives and budget to DPS/THSSAA and FEMA (if required) for approval pprior to expending or requesting advances of any funds for this Grant. Sub - recipient shall enter appropriate project milestones into the DPSITHSSAA web -based grants management system within 60 days after award or by the deadline established by DPS/rHSSAA, whichever is sooner. Sub - recipient shall report on project status and accomplishments (milestones and outputs /outcomes) in the format(s) and timeframes as required by DPSrrHSSAA. C. During the performance period of this Grant, Sub - recipient shall: 1. Participate in a legally - adopted county and /or regional mutual aid agreement. 2. Implement the National Incident Management System (NIMS) in a manner consistent with the NIMS Implementation Objectives outlined by FEMA at http-/ /wy4w fam _ nvr..,..rnmenfehnn- and- emmDtianca- auidance- stakeholders#ltem4. ". Be a registered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management system specified by OPSlTHSSAA) and shall identify, resource type, and credential all major dePIoyable resources such as vehicles and trailers, equipment costing $5,000 or more, and specialized teams/response units equipped and /or trained using grant funds (i.e., hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid http-lhvww.fema.gov/emergency/nins/ResourceMnqmnt.shtm#item3 . Vol.-202 Pg. /_ / D. Regional Planning Commissions/Council of Governments (COGS) shall follow guidelines listed in the DPSITHSSAA FY2012 COG Statement of Work. Monffonwig Sub - recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program - related criteria are met. DPSITHSSAA, or its authorized representative, reserves the right to perform periodic desk/office -based and/or on -site monitoring of Sub - recipient's compliance with this Grant and of the adequacy and timeliness of Sub - recipient's performance pursuant to this Grant. After each monitoring visit, DPSrrHSSAA shall provide Sub - recipient with a written report of the monitors findings. If the monitoring report notes deficiencies in Sub - recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Sub - recipient. Failure by Sub - recipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and /or Termination Section herein. Audit Audit of Federal and State Funds. Sub - recipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26). Sub - recipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. Riaht to Audit. Sub - recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPS/rHSSAA, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of grant funds received and performances rendered under this Grant. Sub - recipient shall permit OPSfrHSSAA or its authorized representative to audit Sub - recipient's records. Sub - recipient shall provide any documents, materials or information necessary to facilitate such audit. Sub - recipient's Liability for Disallowed Costs. Sub - recipient understands and agrees that it shall be liable to DPS/THSSAA for any costs disallowed pursuant to any financial or compliance audd(s) of these funds. Sub - recipient further understands and agrees that reimbursement to DPSr1 HSSAA of such disallowed costs shall be paid by Sub - recipient from funds that were not provided or otherwise made available to Sub - recipient pursuant to this Grant or any other federal contract. n' n . Sub - recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as DPS/TH SAA may require of Sub - recipient. Sub - recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Sub - recipient and the requirement to cooperate is included in any subcontract it awards. State Auditor's Clause. Sub - recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditors Otce to conduct an audit or investigation in connection with those funds. Sub - recipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Sub - recipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub - recipient relating to this Grant. Retention of Records. Sub - recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB Circular, 44 CFR Section 13.42, UGMS §_.42, and this Grant. Sub - recipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or DPSlrHSSAA may direct Sub - recipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. Access to Records. Sub - recipient shall ggive the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, DPSI SSAA, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papPers, things or property belonging to or in use by Sub - recipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Sub - recipient. Sub - recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. Inclusion in Subcontracts. Sub- recipient shall include the substance of the Retention of Records and Access to Records section herein in all subcontracts. After Action Reoortina. Sub - recipient shalt complete, deliver to the appropriate source, and retain copies of all after- action reports and certificates of completion for all training and exercises paid for by this grant. Legal Authority Sionatory Authority. Sub - recipient assures and guarantees that Sub - recipient possesses the legal authority to enter into this Grant, receive grant funds and to perform the project Sub - recipient has obligated itself to perform pursuant to this Grant. ythorized Representative. The person or persons signing and executing this Grant on Sub - recipient's behalf do warrant and guarantee that he/she has been duly authorized by Sub - recipient to execute this Grant on Sub - recipient's behalf and to validly and legally bind Sub - recipient to all terms and conditions and performance obligations. Conflicts in Reauirements. If conflict exists between federal, stale, or local requirements, Sub - recipient shall comply with the strictest requirement. Vol. 202 Pg. / 5 I Sub - recipient shall give DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative agency, filed against Sub - recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub - recipient shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub - recipient with respect to such action or claim. OPS/rHSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub- redpient, regardless of where the individual's actions or omissions occurred. cy Any failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPS/rHSSAA at any time to avail itself of same, A waiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPSITHSSAA to enforce its rights, as such rights, powers, privileges, and remedies are specifically preserved. ry Modification. FEMA or DPSITHSSAA may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Sub- recipient's acceptance of the changes to the award. Any alteration, addition, or deletion to this Grant by Sub - recipient is not valid. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shall be made through an executed Grant Adjustment Notice (GAN). Authority to Amend. During the period of performance for this Grant, DPSITHSSAA and /or FEMA may issue policy directives that serve to establish, interpret or clarity this Grant's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMA in the form of Information Bulletins and Sub - recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Sub - recipient as if written in this Grant. Laws. des I Federal and State Any alterations, additions, or deletions to this Grant that are required by changes in federal and state aws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Sub - recipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Sub - recipient's acceptance of the changes to this Grant. Headinos Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the terms and conditions or be used to interpret or assist in the construction of this Grant. Venue Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. Sus ep nsion In the event Sub - recipient fails to comply with any term of this Grant, DPSrrHSSAA may, upon written notification to Sub - recipient, suspend this Grant, in whole or in part, withhold payments to Sub - recipient and prohibit Sub - recipient from incurring additional obligations of this Grant's funds. Termination DPS/rHSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if DPS/rHSSAA determines that Sub - recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice of the termination and include. 1, The reason(s) for such termination; 2. The effective date of such termination; and 3. In the case of partial termination, the portion of this Grant to be terminated. Appeal may be made to the Deputy Director of Homeland Security, Texas Department of Public Safety. Enforcement If Sub - recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, In a state plan or application, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the following actions, as appropriate in the circumstances, 1. Temporarily withhold cash payments pending correction of the deficiency by Sub - recipient or more severe enforcement action by DPS/THSSAA or DHS; 2. Disallow, that is, deny both use of funds and matching credit for, all or part oft cost of the activity or action not in compliance; Vol. 202 - g_ / 3. Wholly or partially suspend or terminate this Grant for Sub - recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that maybe legally available. In taking an enforcement action, DPS/THSSAA will provide Sub - recipient an opportunity for a hearing, appeal, or other administrative proceeding to which Sub - recipient is entitled under any statute or regulation applicable to the action involved. The costs of Sub - recipient resulting from obligations incurred by Sub - recipient during a suspension or after termination of this Grant are not allowable unless OPS/THSSAA or DHS expressly authorizes them in the notice of suspension or termination or subsequently. Other Sub - recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable d: 1. The costs result from obligations which were properly incurred by Sub- recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non - cancellable; and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub - recipient from being subject to "Debarment and Suspension" under E.O. 12549. 44 C.F.R. §13.35. Co lift g f Interest No employee, officer or agent of Sub - recipient shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety. Closing ofthe Grant A. DPS/rHSSAA will dose a sub -award after receiving Sub - recipient's final quarterly performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Sub - recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Sub - recipient. If Sub - recipient did not use all the funds received, DPS/THSSAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. Sub- recpienl will return the funds to the DPS/THSSAA within 30 days of receiving the GAN. B. At the completion of Sub - recipient's performance period. DPS/THSSAA will de- obligate all uncommitted / unexpended funds. C. The closeout of this Grant does not affect: 1. DHS or OPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review: 2. Sub-recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Sub- recipient or that govem the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Official 1I)� one- Title C (It lObA V(t /l e_ Vol. 202 Pg. �2, EXHIBIT A ASSURANCES - NON - CONSTRUCTION PROGRAMS See Standard Form 4248 As the duly authorized representative of Sub - recipient, I certify that Sub - recipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay l e non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the Slate, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685 -1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 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; (Q the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (9) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 4 §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 at seq). as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. 55276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally- assisted construction sub - agreements. 10. Will comply, if applicable, with flood insurance Purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190 as amended by 42 U.S.C. 4311 at seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for DHS grant-supported activities, DHS -FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990: (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. § §7401 at seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et sec.). 14. Will comply with P.L. 93 -348, 45 C.F.R. 46, and DHS Management Directive 026.044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this award. 'Research" "means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additionaI provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materials. Vol. 202 Pg. �� 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § §2131 at seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals . 16. 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 rehabilitation of residence structures. W. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non - Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this program. Please Fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized Official Diane L-,el'S Vol.-202 Pg. /SK EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Sub - recipient, I certify that Sub - recipient. 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of project described in this agreement. 2. WII give the Department of Homeland Security, the Department of Public Safety. the Comptroller General of the United Slates and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance. and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without =property instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part wdh Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. W8 provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. S. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §47284763) 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 Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 1683, and 1685.1686 and 44 C.F.R, Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Ad of 1975, as amended (42 U.S.C. §S.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; (0 the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91.616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290dd -3 and 290ee 3), as amended, relating to confidentiality of�alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. § §3601 at seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. WII comply, or has already complied, with the requirements of Titles It and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally - assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. WII 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 a plicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S -C. §276c and 18 U.S.C. 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327- 333) regarding labor standards for federally- assisted construction sub - agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive against natural disasters; (b) notification of violating facilities Pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program devel ed under the Coastal Zone Management Act of 1972 (18 U.S.C. § §1451 at seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters:(?) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93.205). 16. WII 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. Vol. 2 02 Pg. mss% 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§46ga -1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this program. Please rill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official I j Ane, P& rs Vol. 202 Pg. 15S7 Exhibit C Certifications The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub - awards at all tiers (including subcontract, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a Civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification). The Sub - recipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub - recipients can access debarment information by going to www.eols.aov or www.sam.00v and the State Debarred Vendor List www.wndow.state.b(,us/i)rocurementli)roci/vendor performance /debarred. 2. Have not within a three -year period preceding this agreement been convicted of or had a civil 'udgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, - pergrming a public (Federal. State, or local) transaction or contract under a public transaction; violation of Federal or Stale 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 civillyy charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and 4. Have not within a three -year period preceding this agreement had one or more public transactions (Federal, State, or local) terminated for cause or default; or 5. Where the sub - recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. (Federal Certification) E. The Sub - recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub - recipient may be required to supply documentation certifying that a reduction to non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub-recipient must comply with 2 C,F.R. Part 180, Subpart C as a condition of receiving grant funds, and sub - recipient must require such compliance in any sub - grants or contract at the next fler. 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 carried out. Also, place(s) where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F.R. Part 17. Sub-recipient shall comply with the requirements of the Drug -Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. H. Sub - recipient agrees that it is not delinquent on any Federal debt. I. Sub - recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. J. Sub - recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. Please till in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official t Mane (�krs Vol. 202 Pg. _LL2, EXHIBIT D State of Texas Assurances As the duly authorized representative of Sub - recipient, I certify that Sub - recipient 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub - recipient's governing body or of the Sub - recipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Sub - recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub - recipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules H the Sub - recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and sub - recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section —.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub - recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, 11, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101 - 12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. § §6101 - 6107), which prohibits discrimination on the basis of age; (e) the DDrug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91.616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 at 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 6) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 5 §276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91 -646), which provide for fair and equitable treatment of parsons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § §7321 -29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the Director of receipt of any communication from the the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (ED 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234. Section 102(x) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. Vol. 202 Pg. 46 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of we8ands Pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the a proved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 at seq.); (f) contonnity 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 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. 93205). 17. Shall 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> 16. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as emended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 at seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § §2131 at seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S,C. §§4801 at seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro-Children Act of 1994 (Public Law 103 -277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entily and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at hffos: //www. sa m.00v /portal /uu bl ic/SAM/ 25. Shall adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, at seq. Please rill in the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official LMa.ne j)�r`-r5 Vol. 202 Pg. JLL BRAZOS COUNTY 200 S. TEXAS AVE STE 332 BRYAN, TX 77806 In care of: MS. BETHANY ECNSTROM Seismic Survey Permit q BRAt 18-214 Date: 02/24/2014 Seltel Data, Ltd and/or its assigns; requests your permission to conduct a seismographic survey, including the right to ingress and egress for such purposes, across your land in Brazos, Burleson County(s), TX, and more fully described below: See Exhibit A The rate of payment for above tracts is 530.00 per acre muftfplfad by your interest. Total Acreage: ln.so Therefore, we shell pay you a total of $4,904.97 Seitel Date, Ltd. request your permission to allow it's geophysical contractor, agents and /or subcontractors to gain entry to the above described lands for the purpose of obtaining seismic data on or under fire herein described acreage. All payment considerations for geophysical operations wlll be honored if operations are conducted on described property. If this ownership information is incorrect, please correct it on this permit. We will of course, obtain permission from any other interested Parties and hold you harmless from claims, liabilities, losses, damages or)udgments arising out of Sehel Data, Ltd. and/or agents, servants, employees or its independent contractors, which are caused by negligence, misconduct or failure to exercise due care. All seismic date acquired from this survey will be the property of Seltel Data, Ltd. Grantor will notify grantee if any third party approaches grantor for the purpose of executing any other similar type agreement, including but not limited to other geophysicaf permits, mineral leases or options, which may interfere with grantees rights to complete the operations herein described for this survey. It is our intention to include under this permit any mineral interest (where your interest Is in the minerals only) owned by you tying within the boundaries of this seismic survey. It is very important that you include your SSN or Tax I.D. for payment and let us know about any tenant/renter information affecting the lands covered by this permit. Yours Truly, This form should be returned to: Jim Anderson, Pam* Agent PO Box 2056 Bryan,TX 77806 If you have any questions, please call me: �\ Phone: 979 - 775 -t SGt Fax 979- 775 -1599 u Signatu Date J�� % /it/ Pdnted Name: l I'e-, (Al/Ti11 V uF,v(.11CYourcurent telephone number: q'3 w—(4 Z The W -9 form attached to this pemar is rcqured to be filled our w/th the payees legal name. curant mailing address, and correct SSN or TaWD in order fora check to be issued via our acco ning soRware. Do you own any mineral Interest of the said property? Yes:_ No:,_, if not, please provide the names and numbers of other mineral interest owners, If known. Please provide the names and phone numbers of any tenants, renters, or lessees of your property: Vol. 202 ft. 4,1 41SEITEL THE Onshore Seismic Data Company Snook 3D Permit: BRA116 -214 Date: 02/24/2014 Exhibit A Property Description Tanta � Lpal DYMpnon BR112176-> A005901, T J WOOTEN (ICL), TRACT 26.1, 94.2222 ACRES - BR16521-a A023700, JOHN WILLIAMS A -237, TRACT 59, 5.5619 ACRES (CROSSING 2.034 ACRES) - BR306170- > BRAZOS COUNTY EXPOSITION CENTER PH 1, BLOCK 1, LOT 1 R, ACRES 59.92 - BR345301 -> BRAZOS COUNTY EXPOSITION CENTER PH 2A, BLOCK 1, LOT 2R, ACRES 3.65 - BR357765 -> A005900, T J WOOTEN (OCL), TRACT 16.1, 0.1432 ACRES - BR37559 -a M C PETERS, LOT 1 AND ADJ 1.03 AC, ACRES 3.53 - Tract N BR112176 BR16521 BR306170 BR345301 BR357765 ACAS Breakdown Total Acreage Interest 94.22 100.00% 2.03 100.00% 59.92 100.00% 3.65 100.00% 0.14 100.00% 3.53 100.00% Page 2 of 2 Val. 202 Pg. Data: Net Acreage 94.22 2.03 59.92 3.65 0.14 3.53 W +t L0� Date: 12J12740.13 • Snook Sources -- Snook-3D---- PERMIT: BRA118 -214 VWIO&214....au,aat_ ot-tw !• SAL;ti1�214..�••1 ■ • ® • ■ 10 105�14.% ■ • ■ GRE105 -2144 • . ' Nurtw.�i..,,: "SAL '' ® • ■ •ear,oWU : O ,•/'01101 SAL11•214,, .■ BU0210f-214 •a� /CLE101.214 • ■ ® • i�i•,a,� ® • s4 IN 49 ® f ® / 1P1� �3- 214j^aA ■� CCAA1 -214 • ■ •ORL101,4141 ■l t. .j';PMa01.214 ■ • + , aw,a2u' •, _. 1 1 Rl1R214 ■ t.1fiL■1 -0N' • • \PAUD,QU — • - m,o,aw • ,, �• � 1 l • �� '_, _- tAri,DSnr . ma+D,mi m : ARM102 -214 PA j i e VNL103 -214 ■ ■.. • .� 4Y__ a rAUnau lmaN.• nu,mas 1,.- 9 ° ■ ° ® 4 BIL101 -214 THO112 -21 C)N • mU0&21 ■ '• '� �`. ' KEY 01.211 FEN101%14 ■ 1' • O ■ ~ N, �V i 1! EN,02.2t1) tJ. '•o , - •: ■' .. _.. / \ ` a ■ ' /` DUN102 -214 • BRA123 -214 ■ •._ p / ©cne,aeair,. 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Vol. 202 Pg. /C sources subJect to constant eevi dom While every documents and site inspections are neceasry to oureeeused to compile this map) is for reference orifative dcfW don of legal boundary, or property W�yt Legend v4 ' SaaokR.aaaa g S k-s _ .- Snook -3D Date: 12112/2013 PERMrP BRA118 -214 ANJ106 -214 ■ e ■ ■ • ® ■ • r® r m ® ■ e ® CVA107 -214 r r o r e r • o m • r o r o r • r 0 (JiA107 -214 OPL 104 -214 is O ■ 0A0 76214 itevto14114 • ® • ® ■ e a• In • r 0 e ®® J& 119 -214 ° ® ° kl(7 °10'-714 B • ® OPE104 -214 o v J® P9.214 9 ® Or ee m m • ® e 3.21d r ® e o® • ® o ® AND110 -214 ® O 0 19 r O 13 O ® a FRAI -214 01 e ' ■ -�WOOTON° e ® JON109 -214 ® o ® ®r r` m e m m • ® a m • o ® ®m • is e r ,,�•. O m ® *MCC108-214 •ruos,V• ®° ® m ® ° CHA106 -210 e ° JON109 -214 ® • ■ O ® ®' r • r uiun.ns •. A ® 6 ® L101 -214 r er 240 o ® ®ONES o ® YET101 -214 e O r O r r 0 Uisclatmen The information depicted on DLM, Inc Maps have been compiled atom various sources subject to caostant revision. While every effort is made to ensure the "Curacy sal the data, no warrenq.ia nude or - Implied- . establish locations on the ground. This maD'(data products, shape es and a . 1 doeume� end site le this are or eaeary to and lanoln Pe way 'other resources used to compile this meP) to for reference p g purposes only. u is n injust: a su to be used for descrlptlon; mmeyance, authoritative dentition of legal boundary, or property title. This is not a survey Product, bin just: s grade. Vol. 202 Pa. � .�B Legend Date: 1211212013 Snook geeeirsrs "Snook. 3D_._ -_ -- - -- r snook $outt:ee PERMIT. 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'a,i'� ■ :'• •a�KAR 103 -214 r • ■ ■ a ',a /i • • �• ■l1 •CHA107 -2w /' •` • • \ , 11R107.21t . •�_.. Rm10&214 •'.'\ !t OPE101 -�4• ■ % • ■■ •• ■. •'.• • • • • ■ • •.i • e l /■ aDMA107-214 ■ ■ • , •,''%. .. ■• i • a • • ■ • \., ■ • • 16AIUM4 • e (F r R1105 -214 a u ctutmer: "121e Information depicted on DIM, Inc Maps have been compiled from various sources subject to constant revision. While every effort is made to ensure the accuracy: of the data, no warranty is made or implied. Legal documents and site inspections arc necessary to cateblish locations on the ground. This map .(drataproducts, shape fit" and any other resources used to compile this MOP) is for reference and planning purPm" only. It is not intended to be used for description, convcyanco, authoritative definition of legal boundary, or property ti" This is not survey product, but just a guide. Vol. 202 Pg. /�� d• we Legend- Dole: 12/12/2013 s • Snook ReCSif\rs _ _ - _- ----- '- - - - -- - -- - - -_ - -- -- -nook 3D - - - - -- i snook Sources PERMIT; BRAVO -214 • • ■ H �.2„ r CM10P214 • • • • No,. MA117-214 141111'. - \.F ' \' -1 • / [ •....- ■ . tt00102.214 .I • • ° • h l i "■ •�•� 4,'T`•�;,, Is a ■ ♦.•J • / �- `.■. • • •',., ' �sO3PiI• f �':MN�b2t/laa.,��l-�- �•�..IT_ 81%1&214 ' tFAR116 -211 ■ • '[ .1 • r', fMOf01.2/N ■' • ■ to ,, d ■Ise - ice•• 90 a roue. =■ • ■ ■ • . a ' ■ • ■ ■ i • �� • ■ MCC1012U • • ■ a ■ • J. VMLLIAMS • ■ a • ■ �^+'•!'' ■ ! • i PARti6 -111 ■ • ■ • so 0 {a % •• ■� •i me aej• so ON an XE 0 •..''. ■pa1M.214.. •,� .'MlM01,214 ^. � / • ■ • a ;'i T ■' • rte,. • • • ■ [ e • r •■ ■ ■. ■ • ■ • 81E108.211 ■ • • '• 'AOIOt.214 ° • ■ • ■ Hello. ■ a 14 ■ • ■ I ° • ! ` i • • ■ t • ■ •�PiI ■ ° • • •.i • ■ _ P i■■ ••i• o. 33 Mf a on On a �■ y ■ • ■ ■ + • ' • • CU POA�� . • • a i ■ i' s • ■ T..4 CH ''.�'• or i ■... J • :� •■'/ • e ..eirai..r . ■ si r Hicilmi.0 el • ■ • ■ •[ we ■ as ■• • • ■ • '° • ■ ,unv�. 143 • ■ a I I ■ Disclaimer. The Information depleted on DLM, Inc Maps have been compiled from various sources subject to constant revision. While every effort Is made to ensure the accuracy of the dani, -no warrant' l made or Implied. establish locations on the ground. This ma (data rode r r us urvas used and •I�e a this are or r awry e and lane intended P P for description, }Iles and any other rssouecea used n mn of tal map) Is for ,pretence planning of a su ea only. It to not st a gum 6e used for deserlptlon, mnveyan «, authoril.tive definition of ltgel boundary, or property titles This Is not a aursey product, but just ■golds, Vol.-202 Pg.1 X01' NF Brazos County Job Description Last Updated: September 2012 Class Number. --i-- 832- Pay Group: 09 1 FLEA Status: Non Exempt I Approved Date: 10/01/2013 Position End Date: 09130/2014 -- --- - - -- -- . ...... W(Woa bgwQ/ P,S-) 7 ampiale Reypsim 1 2 N/I 4r2012 q ------- --- General Summyy_.___ adorrins and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition, Complex including setting-up, cleaning and tearing-clown events. Essential Duties: ------- ... ....... OpWrilies Fight"to moderate equipment such as tractors mifln equipment, -horse 1 stalls, cattle ties, panels and pens; Sets uptlears down meeting and event morns, including stages. dance floors, tables, chairs and equipment and assists with the soundlelectrical system setup and/or tear down; Cleans meeting and event rooms, Including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of lifter; buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary: Operates a vacuum cleaner and hand cleaning materials, supplies and equipment: Cleans windows, doors, floors, water fountains, and furniture; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janiloriai supply inventory: Assists as necessary in inventory control including equipment and consumables. . . -- . ... i&rDuti 'ssi ...... 'UP — .... ... . ..... Received: Event Coordinators & All Managers . ... ............ . ...... ......... ........ ------- -- ---------- ---- Given: This is a non-supervisory position. -- -------- --- --- --- ---- ---- --- -- - -- .......... ------ I— — Itilliquilihild: Rijih school graduation or its equivalent; or any equivalent combination of education and a dente that provides the required knowledge, skills and abilities. ---------- - Preferred: ------------- - ---- -- Requliri& - ­ --- ----- - ---- -- -- Vol. 202 Pg. /L Y t t i- .-n o equ, i s preferred. ............. ............ ------- -- ----------- Title. Temporary Attendant, Building- _&__ GrourWs_(1_0-`40_hrs_ I­ � ......... ... Department: 1 Exposition Complex Reports To: Event Coordinators & All Managers EEOC Category: Service Maintenance . ... ....... .. .. . . ... . .... Temporary Employee Signature; ------- --- General Summyy_.___ adorrins and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition, Complex including setting-up, cleaning and tearing-clown events. Essential Duties: ------- ... ....... OpWrilies Fight"to moderate equipment such as tractors mifln equipment, -horse 1 stalls, cattle ties, panels and pens; Sets uptlears down meeting and event morns, including stages. dance floors, tables, chairs and equipment and assists with the soundlelectrical system setup and/or tear down; Cleans meeting and event rooms, Including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of lifter; buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary: Operates a vacuum cleaner and hand cleaning materials, supplies and equipment: Cleans windows, doors, floors, water fountains, and furniture; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janiloriai supply inventory: Assists as necessary in inventory control including equipment and consumables. . . -- . ... i&rDuti 'ssi ...... 'UP — .... ... . ..... Received: Event Coordinators & All Managers . ... ............ . ...... ......... ........ ------- -- ---------- ---- Given: This is a non-supervisory position. -- -------- --- --- --- ---- ---- --- -- - -- .......... ------ I— — Itilliquilihild: Rijih school graduation or its equivalent; or any equivalent combination of education and a dente that provides the required knowledge, skills and abilities. ---------- - Preferred: ------------- - ---- -- Requliri& - ­ --- ----- - ---- -- -- Vol. 202 Pg. /L Y t t i- .-n o equ, i s preferred. ............. ............ ------- -- ----------- Pit sICBj Domends . _..., TypjGI; The physical demands described here are representative of those that moat be met by an employee to ! successfully perform the essential functions of this job. Reasonable accommodations may be made to enable I individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must i frequently lift and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific i ivision abilities required for this lob include close vision, distance vision, and the abi8y to adjust focus. i i �P_ _--- - ii .__ _ _.......__ .. __ _ ._.....- -- _ ._., — — -- - -._.. _ _ ing -- - i �Ci�; � Sale operation of custodial and maintenance equipment, Including the safe use of commeroial cleaning I chemicals. Ability to follow oral and written instructions; ability to loam the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co- wolkefs; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. i I � ....._ __..__...._... ...... _— ... ..... . _......._. ....._._.._._ ....... ......._.,. _...... -------------- pICSI; The work environment characteristics described hero are representative of those an employee encounters I while performing the essential functions of this job. Reasonable accommodations may be made to enable i Individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a pan of a learn to perform multiple tasks simultaneously, and switch from one task to another. The employee is requentty required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions A R VED Duane Peters Date County Judge Vol. 202 Pg. / 9 Brazos County Job Description Last Updated: 05/21/2014 Class Number: 10552 Title; Wi6l;_Ur- _T1_5 De_pa_r­t_me'n_t FLSA Status: Non-Exempt Reports To: Approved Date: 05/27/2014 EEOC Catel; Clerk Administrative Assistant Administrative Support T.mwlaae rlcnt.20IM SM2 -- - -- -------- This person will be responsible (or obtaining, storing, editing and disseminating digital or comptner-based evidence in criminal cases. Requires is II good working knowledge of computer operation end the ability to learn various computer systems and work with various types of computer Programs ential Duties: This person will primarily operate a computer to obtain evidence from the various low enforcement agencies. They must familiarize themselves with the various programs of those agencies as well as the County, in order to retrieve information or evidence, store it property, edit it when necessary, and disseminate it to the prosecutors or defense attorneys as necessary. IIIIII Timeliness and organization are essential. The person must be familiar enough with the various systems so that they are able to meet the time constraints and associated pressures of getting evidence when needed by attorneys for trials. N;i IkCiWS_. TiFins—es, 9e9iqYaHqqi_____ . .. . ...... Required: Noft required. Preferred: Vol. 202 Pg. //,- Knowledge, SwTls, 66 —1 Abilities -- _ i Typical' The person must have an • Extensive knowledge of computers systems Ability to use multiple types of computer software. i Ability to read and wile at a level appropriate to the duties of the position. • Perform a variety of general and specific office functions of a responsible and complex nature I centering around activities of the County Attorney's Office. Ability to quickly gain knowledge of all aspects of the County Ahomey's Office. Good knowledge of correct English grammar, spelling and punctuation. Fundamental understanding of office methods, procedures and practices. • Ability to read, team, understand, interpret and apply a variety of complex policies and procedures with minimal guidance. The ability to share ideas and convey them in an efficient manner is mandatory. • Ability to work with minimal guidance to identify appropriate applications of a wide variety of written polices and procedures. • Computer literacy is highly important. Knowledge of a wide variety of software is of significant importance. • Ability to organize and sometimes train other staff. • Ability to perform basic clerical work involving judgment, accuracy and speed with minimal supervision. • Ability to maintain records and files, including the ability to maintain and protect the confidential nature of those files. • Ability to operate the telephone system and communicate with the public. • Ability to handle various special projects on an ongoing basis while addressing daily needs for the office. PR D A Duane Peters DIM County Judge Vol. 202 Pg. M k , !A �.A Clue Number., : F_ Pay Group: FLSA Status: Approved Date: Position End Date: Brazos County Job Description Last Updated: September 2012 832 1 Title: 09 __­­..._ Non Exemot 10101r2013 09/30/2014 .1 -- ---------------- ---- Reports To: EEOC Category: Temporary Employee Signature: ­_­ -------- --- .... __�. loms oeft& P%.3 TgpWle ReyisQn 1 2 0&15 012 Temporary Attendant, Building & Grounds (1040 hrs.) Exposition Complex .......... Event Coordinators & All Managers Service/ Maintenance __ _ _ _ ...... ............ General Summary: -- --- ---- ---------- ----- --- --- --- ---------- performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting-up, cleaning and tearing -down events. ....... ..... Essential Duties: Operates light tonfulderate a-q--u-ip--me--n-t-su-c-h-a-3-t-r-&-ctom wil-h-implements, forklifts I arid skid steer loaders; I .. - 1 .1. Sets a . t I a . u - piles - rs dow . n . rods . o equipme stalls, cattle ties, panels and pen% Sets up/tears down meeting and event moms, including stages, dance floors, tables, chairs and equipment and assists with the soundlelectrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash: Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary: Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various i hours as needed including some nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary i regarding janitorial supply inventory: Assists as necessary in inventory control including equipment and consurnables. ----- ------ ............ ­1 ------- --------- ... ... ........ .. --------- -- ----------------------------- --- 1 Other Duties as assigned ........ .. ....... ...... ........ ----------- ............ ---------------- — ----------- - - ------ ------ ........ ------- Given: ,This is a non - supervisory posMba 1 Education A- Required: High School graduation or its equivalent: or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: .............. ... ....... ........... ------ ---- Required; At least one year of Same experience —In0jj�jFkj-,sir­IWW— ris ----- ------------------- --- ----- ........ ... .. . --------- ------ - ------- -------- --- ------- i_6edificiiwi' _Licenses, I Required: I r" Preferred , Vol. 202 Pg. _Zf,`'— .... ......... tip . [Citi: The physical demands - . des c rithe .. d .. here .. are I rep I ress . nt . all . ve of those I that must . be - m 1 8 - t by a - n a . m . p - I - o . y . ee -iii successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions While perfuming the duties of this job, the employee is regularly required to sit; use hand to finger, handle, or to feel; reach with hands and arms: bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently Hill and/or move objects weighing up to 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job Include close vision, distance vision, and the ability to adjust focus, . ..... . --- KnowA9d!i;e, Skills, & Abilities . ......... . — ----- -- . ......... . . ...... . . ........ . . ............ . . TypiCal• Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to loam the proper use of janitorial equipment J and supplies: ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. -- ------- ----- --- -------- ....... � Work Environment Typligilij• The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee Is frequently required to work under time pressures and meet deadlines. The employee maybe exposed to extreme weather I conditions ----------- - 1 -7 a_ -14 Duane Peters Deb County Judge Vo1.-202 Pg. io ESCROW AGREEMENT THIS ESCROW AGREEMENT ( "Agreement ") dated effective as of the day of 2014, between Axis Pipe and Tube, Inc. ( "Company "), the County of Brazos ( "County"), and The Rosenblbt Law Firm, P.C. ( "Escrow Agent "). RECITALS: WHEREAS, Pursuant to Texas Capital Fund ('TCF ") Contract No. 713032 dated September 21, 2013, between the Texas Department of Agriculture ( "TDA ") and the County, Company shall deposit with the Escrow Agent the sum of $750,000.00, in cash or cash equivalents, to insure completion of installation of approximately 100 ].f. of 48" RCP culvert, 15,300 s.y. of 6" time stabilized subgrade, 12,900 s.y, of 8" flexible base,12,900 s.y. of 2" hot mix asphaltic concrete surface, as well as additional activity to support above mentioned improvements, and the creation of 128 permanent, full time equivalent jobs at the Company's facility ( "Project "); such sum, or the balance thereof remaining from time to time being referred to herein as the "Escrow Account" said Project being more particularly described in the TCF contract to which reference is made herein; and WHEREAS, the County and Company desires to establish an escrow account with the Escrow Agent for the purpose of holding the Funds to insure completion of the Project. NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt of which is acknowledged by each of the parties hereto, the County, the Company and the Escrow Agent hereby agree as follows: ARTICLE 1 TERMS AND CONDITIONS 1.1 Appointment of Escrow Agent. The Company hereby appoints the Escrow Agent to hold the Funds in escrow on behalf of the Company and County. The Escrow Agent hereby accepts such appointment in accordance with the terms and subject to the conditions set forth in this Agreement. 1.2 Establishment of Escrow Account, The Company will make the Funds (whether by check, wire transfer or otherwise) payable to the Escrow Account. The funds will be placed in a non - interest bearing account. 1.3 Escrow Period and Term of Agreement. The County and the Company will jointly issue a notification letter to the Escrow Agent after both parties agree that a termination event has occurred. The escrow period ( "Escrow Period ") shall begin with the commencement of the Deposit and shall terminate upon the earlier to occur of the following: a. The disbursement of the balance of the Escrow Account in accordance with the provisions of this Escrow Agreement. K The expiration of 90 days from the termination date of the TCF contract referenced above, or 90 days after completion of all TCF contractual requirements, in which case the remaining balance of the Escrow Account shall be disbursed in accordance with the provisions of this Escrow Agreement. 1.4 The Company and County understand and agree that during the Escrow Period, the Company shall not be entitled to any funds in the Escrow Account and no such funds shall become the property of the Company or any other entity nor shall such funds be subject to the debts of the Company or any other entity. 1.5 Disbursements from the Escrow Account. Upon the written demand of TDA, Escrow Agent shall, within five (5) business days of receipt of said written demand, pay over to TDA such portion of the Escrow Account as requested by TDA. The County's and the Company's approval for the herein described disbursements Vol. 202 Pg. L7!� shall not be required, and such disbursements shall be made even though the County or the Company shall object to such disbursements. Page 2 ARTICLE 11 PROVISIONS AS TO ESCROW AGENT 211 Limitation of Escrow Agent's Capacity. A. This Agreement expressly and exclusively sets forth the duties of Escrow Agent with respect to any and all matters pertinent hereto, and no implied duties or obligations shall be read into this Agreement against Escrow Agent. This Agreement constitutes the entire agreement among Escrow Agent and Company in connection with the subject matter of this Agreement, and no other agreement entered into between the parties, or any of them, shall be considered as adopted or binding, in whole or in part, upon Escrow Agent notwithstanding that any such other agreement may be referred to herein or deposited with Escrow Agent or Escrow Agent may have knowledge thereof, and Escrow Agent's rights and responsibilities shall be governed solely by this Agreement. B. Escrow Agent acts hereunder as an escrow agent only, and is not responsible or liable in any manner whatsoever for the sufficiency, correctness, genuineness or validity of the subject matter of this Agreement or any part thereof, or for the form of execution thereof, or for the identity or authority of any person executing or depositing such subject matter. Escrow Agent shall be under no duty to investigate or inquire as to the validity or accuracy of any document, agreement, instruction or request furnished to it hereunder, including, without limitation, the authority or the identity of any signer thereof, believed by it to be genuine and Escrow Agent may rely and act upon, and shall not be liable for acting or not acting upon, any such document, agreement, instruction or request. Escrow Agent shall in no way be responsible for notifying, nor shall it be its duty to notify, any party hereto or any other parry interested in this Agreement of any payment required or maturity occurring under this Agreement or under the terms of any instrument deposited herewith 2.2 Authority to Act. A. Escrow Agent is hereby authorized and directed by the undersigned to deliver the subject matter of this Agreement only in accordance with the provisions of Article I of this Agreement. & Escrow Agent shall be protected in acting upon any written notice, request, waiver, consent, certificate, receipt, authorization, power of attorney or other paper or document, including, without limitation, the authority or the identity of any signer thereof, which Escrow Agent in good faith believes to be genuine and what it purports to be, including, but not limited to, items directing investment or non - investment of funds, items requesting or authorizing release, disbursement or retainage of the subject matter of this Agreement and items amending the terms of this Agreement- C. Escrow Agent may consult with legal counsel at the cost and expense of the Company and County in the event of any dispute or question as to the construction of any of the provisions hereof or its duties hereunder, and it shall incur no liability and shall be fully protected in acting in accordance with the advice of such counsel. D. In the event of any disagreement between any of the parties to this Agreement, or between any of them and any other person, resulting in adverse claims or demands being made in connection with the matters covered by this Agreement, or in the event that Escrow Agent is in doubt as to what action it should take hereunder, Escrow Agent tray, at its option, refuse to comply with any claims or demands on it, or refuse to take any other action hereunder, so long as such disagreement continues or such doubt exists, and in any such event, Escrow Agent shall not be or become liable in any way or to any person for its failure or refusal to act, and Escrow Agent shall be entitled to continue so to refrain from acting until (i) the rights of all interested Vol. 202 Pg. / %J`� parties shall have been fully and finally adjudicated by a court of competent jurisdiction, or (ii) ill differences shall have been adjudged and all doubt resolved by agreement among all of the interested persons, and Escrow Agent shall have been notified thereof in writing signed by all such persons. Notwithstanding the foregoing, Escrow Agent may in its discretion obey the order, judgment, decree or levy of any court, whether with or without jurisdiction, or of any agency of the United States or any political subdivision thereof, or of any agency of the State of TEXAS or of any political subdivision thereof, and Escrow Agent is hereby authorized in its sole discretion, to comply with and obey any such orders, judgments, decrees or Levies. The right of Escrow Agent under this sub - paragraph are cumulative of all other rights which it may have by law or otherwise. I E. In the event that any controversy should arise among the parties with respect to this Agreement, or should the Escrow Agent resign and the parties fail to select another Escrow Ageht to act in its stead, the Escrow Agent shall have the right to institute a bill of intirpleader in any court 'of competent jurisdiction to determine the rights of the parties. 2.3 Compensation. Escrow Agent shall be entitled to reasonable compensation as well as reimbursement for its reasonable costs and expenses incurred in connection with the performance by it of services under this Agreement including reasonable attorney fees and expenses of Escrow Agent and Company agrees to so pay Escrow Agent reasonable compensation and reimburse Escrow Agent for reasonable costs and expenses. The parties hereto agree that fees shall be due and payable on the effective date hereof in the amount of $2,500.00 for Escrow Agent's services under this Agreement. No such fee or reimbursement expenses shall be paid out of or chargeable to the Fundsi on deposit in the Escrow Account 2.4 Indemnification. Company agrees to indemnify and hold Escrow Agent, its affibites and their officers, employees, successors, assigns, attorneys and agents (each an "Indemnified Party ") harmless from all losses, costs, claims, demands, expenses, damages, penalties and attorneys fees suffered or incurred by any Iadernnified Patty as a result of anything which it may do or refrain from doing in connection with this Agreement or any litigation or cause of action arising from or in conjunction with this Agreement or involving the subject matter hereof or Subscription Funds or monies deposited hereunder or for any interest upon any such monies, including, without limitation, arising out of the negligence of Escrow Agent; provided that the foregoing indemnification shall not extend to the gross negligence or willful misconduct of Escrow Agent. This indemnity shall include, but not be limited to, all costs incurred in conjunction with any interpleader which the Escrow Agent may enter into regarding this Agreement i 2.5 Miscellaneous. A. Escrow Agent may resign at any time by giving written notice to the parties hereto, whereupon the parties hereto will immediately appoint a successor escrow agent. Until a successor escrow agent has been named and accepts its appointment or until another disposition of the subject matter of this Agreement has been agreed upon by all parties hereto, following such resignation notice Escrow Agent shall be discharged of all of its duties hereunder save to keep the subject matter whole. I B. All representations, covenants, and indemnifications contained in this Article shall survive the termination of this Agreement. ARTICLE III I GENERAL PROVISIONS 3.1 Appointment /Acceptance. Company hereby appoints The Rosenblatt Law Firm, PIC. as Escrow Agent under this Agreement and The Rosenblatt Law Firm, P.C. hereby agrees to act as Escrow Agent i u6der the terms of this Agreement. Page 3 Vol. 202 ft. IN 31 Discharge of Escrow Agent. Upon the delivery of all of the subject matter or monies pursuant to the terms of this Agreement, the duties of Escrow Agent shall terminate and Escrow Agent shall be discharged from any further obligation hereunder. 3.3 Notices. Any notices required or permitted in this Agreement shall be in writing and shall be deemed to have been given when (i) transmitted by telecopier, (ii) personally delivered, (iii) one (1) day after deposit with an overnight mail or delivery service, postage prepaid, or (iv) three (3) days after deposit in a receptacle maintained by the United States Postal Service delivered to the party hereunder specified registered or certified mail, with return receipt requested, postage prepaid and addressed as follows: If to Escrow Agent: The Rosenblatt Law Firm, P. C. 16719 Huebner Rd, Bldg. t San Antonio, Texas 78248 Attn: James Rosenblatt If to Company: Axis Pipe and Tube, Inc. 1920 W. Villa Maria, Ste 203 Bryan, TX 77807 If to County: Brazos County Brazos County Administration Building 200 South Texas Avenue, Ste. 331 Bryan, Texas 77803 If to TDA: Administrator, Office of Rural Affairs Texas Department of Agriculture Office of Rural Affairs P.O. Box 12847 Austin, Texas 78711 -2847 Any party may unilaterally designate a different address by giving notice of each such change in the manner specified above to each other party. Notwithstanding the foregoing, no notice to the Escrow Agent shall be deemed given to or received by the Escrow Agent unless actually delivered to an officer of the Escrow Agent having responsibility under this Agreement. 3.4 Governing LawNenue /Jury Waiver. This Agreement is being trade in and is intended to be construed according to the laws of the State of Texas, without giving effect to the principles of conflict of laws. This Agreement shall inure to and be binding upon the parties hereto and their respective successors, heirs and assigns; provided, however this Agreement may not be assigned without the written consent of each party hereto. Venue for any dispute regarding this Agreement shall be Bexar County, Texas. Both parties waive their right to a jury. 3.5 Construction. Words used in the singular number may include the plural and the plural may include dte singular. The section headings appearing in this instrument have been inserted for convenience only and shall be given no substantive meaning or significance whatsoever in construing the terms and conditions of this Agreement. Page 4 Vol. 202 Pg. 3.6 Amendment. The terms of this Agreement may be altered, amended, modified or revoked only by an instrument in writing signed by the undersigned and Escrow Agent. 3.7 Force Majeure. Escrow Agent shall not be liable to the undersigned for any loss or damage arising out of any acts of God, strikes, equipment or transmission failure, war, terrorism, or any other act or circumstance beyond the reasonable control of Escrow Agent. 3.8 Written Agreement. This Agreement represents the final agreement between the parties, and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. 3.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed one original, but all of which shall constitute one and the same instrument. 3.10 Procedures. The parties to this Agreement acknowledge and agree that the terms, conditions and procedures set forth herein are commercial reasonable. Page 5 [SIGNATURE PAGES FOLLOW] Vol. 202 Pg. / /7s, IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year first written above. Page 6 IMIZWt Axis Pipe and Tube, Inc. By: Axis Pipe and Tube, Inc. Title: COUNTY: ESCROW AGENT: The Rosenblatt Law Finn, P.C. James D. Rosenblatt, President Vol. 202 Pg. //I Y CONTRACT AND AGREEMENT FOR SECURE SHORT -TERM DETENTION OF JUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA COUNTY JUVENILE JUSTICE CENTER Detention Services September 1, 2014 — August 31, 2015 This Agreement is entered into by and between Brazos County, acting by and through its duly authorized representative ( hereinafter "Juvenile Probation') and the Victoria County juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Victoria County juvenile justice Center ( hereinafter "the Facility") by the Victoria County Juvenile Services Department ( hereinafter "Service Provider ") pursuant to license granted by the Texas Juvenile Justice Department and /or any other appropriate State agency with licensure or regulatory authority over this facility ( "Service Provider "). ARTICLE I PURPOSE 1.01 Whereas Brazos County, in order to carry out and conduct its juvenile program in Accordance with the Juvenile justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre -trial and pre- dispositional status or in the post- dispositional treatment prescribed by the Court. The placement facility to be utilized is owned and operated by Service Provider, and is located at97 Foster Field Dr, Victoria, Texas 77904, ARTICLE II TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2014 - August 31, 2015. It shall be automatically renewed for one year terms thereafter, commencing September 1st and ending August 31st, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3,01 A. Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside Vol. 202 Pg. / 0 Vittorio County Juvenile Jusllet Center - -- � -- -- -- �-- ---- '--- --- Dctenlion Scrvica Ayecmint— - _ -- September 1, 2014— August J 1, 2015 the Facility); an approved education program; recreation facilities; and counseling to each child placed within the Facility. D. If emergency examination, EMS treatment, health care treatment and /or hospitalization outside the Facility ( "Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of Juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment with twenty-four (24) hours of its occurrence. C. Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any Juvenile Court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the appropriate Juvenile Court in accordance with the Texas Family Code, Tide III (Section 54.01). If the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention Facility prior to the child's re- admission. D. Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. E. Acceptance of a child by the Facility will be determined by space availability. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non - offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional. ff a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify Juvenile Probation of this determination. The child shall immediately be removed from the Facility but in no event no longer than four (4) hours after notification. It will be the responsibility of Juvenile Probation, at its expense, to provide for the transportation for the removal of the child. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. G. It is further understood and agreed by the parties that children placed In pre - adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the Court Order issued at the conclusion of the initial Vo1.202 Pg. /�-/ .._, Victoria County Juvenile Justice Center Detention Scrvices -Kgrccuicni ScptcmW I, 2014— August 31, 2015 detention hearing by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of the new Order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the Order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. H. It is further understood and agreed by the parties that, children may be released to the Probation Officer or other appropriate authority of Juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the Judge of the Juvenile Court of the Brazos County. J. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable Stale and Federal law. K Service Provider shall provide twenty (24) hour supervision for each child, including awake staff during sleeping hours in a Secure Facility. L. Each child placed In the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI -2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI -2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI.2 shall then be promptly provided to Juvenile Probation of the detaining county. M. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. N. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay Service Provider the sum of 1� 00.00 per day for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Psychological services will be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by the Department. 4.03 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if Vol. -202 Pg. / �r .. Victoria County Juvenile Justice Censer - - -- Detention Services Agreemens- - -- Seplcmbcr I, 2014- August 31, 2015 appropriate, date service was rendered, total daily cost, and total monthly cost Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.06 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 4.07 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.08 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS k AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in Secure Short -Term Detention, Juvenile Probation shall call the Facility to ensure that space is available. Placement of children by authorized officers of Juvenile Probation may be denied if space limitations require as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order /authorization from the Juvenile Court of Brazos County. Vol. 202 Pg. / ..........._..._... _._.....,.. _.._....._.... .._._.,....__........ __._......._..........._._...., .._.___.__.. .. .. ___. Victoria County Juvenile Justice Center Nienlion Services Agmcmcni September 1,2018 — August Jl, 2015 ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and /or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement 6.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Cade Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a Juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: Vol.-202 Pg. /'Y� _.__.__ - VictorlaCoanty_Juvenlle Jurlke Ceaur _ — Dctmtim Scrvieer Agreemem� September I, 2014 -Aupa 31, 2013 1. Local law enforcement agency; and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512.424.6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1 -877- 786 -7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt, and 3. With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (979) 823 -4211 and Service Provider shall contact Juvenile Probation by telephone at (979) 823 -3544 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll - free 1-877- 786 -7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1- 512 -424 -6717 or by email; and 3. With respect to children placed by Juvenile Probation, the TjJD Incident Report Form shall also be sent to juvenile Probation within 24 hours at facsimile number (979)823-4211. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 251. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident Involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth - on -youth physical assault or youth sexual conduct. Vol. 202 Pg. % ��� ..... ... _.__...._...._... _. .. .. Victoria County Juvenile Justice Center Detention Servica Agrecmeni - - - - -- — - Scptember I, 2013- August 31. 2015 C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non - contact D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or privatejuvenile post - adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non - secure juvenile post- adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non - residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE IX CRIMINAL I -IMORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet -based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs lateri duration of the individual's employment or period of service minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising there from have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: Vol. 202 Pg. L L , Victoria County Juvenile Jurlicc Caroler -- - - _� - - -- — - Detention Services Agrecmenl September 1, 1014- Augurs 71, 2015 A. A felony conviction against the laws of this state, another state, or the United States within the past ten 10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jallable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9,07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of Service Provider that has direct contact with children; D. Any finding of "Reason to Believe' by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent Vol. 202 Pg. `% Victoria County Juvenlie Justice Center_ __ --- Ddcnliori Services Agreement - - " "- - --- - -- Scptcmbcr 1, 2014- August 71, 2015 and /or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. G. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct unsupervised contact with children in a juvenile justice facility or juvenilejustice program that have a disqualifying criminal history. 10,02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT k SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Vol. 202 Pg. �d Vie torte Coun h Juvenile Justice Center. Detention Services A�rtttnenl --- Scplcrnkr 1.2014- AupstJ1.20U ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. I5.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII REPRESENTATIONS & WARRANTIES 17.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of'rexas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Victoria or any political subdivision thereof, C. Victoria County will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider providing (l: Vol. 202 Pg. /Y Victoria County Juvenile Justice Center "` —' -- - - -' -- -- — - - - - "" Detention Servico Agreement — — -- Scptcmbcr 1, 2014— Augwt 31, 2015 Emits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance shall be furnished to Juvenile Probation. furthermore Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that if it has employees, interns, volunteers, subcontractors, agents and /or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/ facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Victoria County, Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the judge of Brazos County havingjuvenile jurisdiction Vol. 202 Pg. / 0 V Ictorlo County Juvenile Justice Curler -- - — Detention Services Agreement — - �- Sgxcmber I, 2014- August J I, 2015 ARTICLE XXII PRISON RAPE ELIMINATION ACT 22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero - tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile Offenders. [PREA §115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] shall make available to the CPO all incident -based aggregated data reports of sexual abuse at its facility or facilities within 24 -hours of the allegation., and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA §115.387(e) and (0) EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF, we hereunto affix our signature this day of . 2014, Brazos County Victoria County juvenile Justice Center Probation Department `M Chief Juvenile Probation Officer I -Z1Y, Don R. Pozzi, County Judge a s Co my Stephen Williams Chairman, juvenile Board Judge Duane Peters Chairman, Juvenile Board 12 Vol. 202 Pg. / /� z CONTRACT AND AGREEMENT FOR SECURE LONG -TERM RESIDENTIAL SERVICE OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF VICTORIA VICTORIA COUNTY JUVENILE BOARD VICTORIA COUNTY JUVENILE JUSTICE CENTER Residential Services September 1, 2014 - August 31, 2015 This Agreement is entered into by and between Brazos County, acting by and through its duly authorized representative (hereinafter, "Juvenile Probation ") and the Victoria County Juvenile Board, acting by and through its duly authorized representative and County Judge, concerning residential care services provided at the Victoria County Juvenile Justice Center (hereinafter "the Facility") by the Victoria County Juvenile Services Department (hereinafter, "Service Provider') pursuant to license granted by the Texas Juvenile Justice Department, and /or any other appropriate State agency with licensure or regulatory authority over the facility ( "Service Provider'). ARTICLE 1 PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The Facility to be utilized is operated by Service Provider, and is located at 97 Foster Field Dr., Victoria, Texas 77904. ARTICLE 11 TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2014 - August 31, 2015. It shall be automatically renewed for one year terms thereafter, commencing September 1st and ending August 31st, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement ARTICLE III SERVICES 3.01 The two level of care services delivery criteria as well as the required description of the characteristics of children will be in accordance with the definitions determined by the Texas Juvenile Justice Department. Service Provider will provide the following level of care services: Vol. 202 Pg. ,yam Vicloriu County Juvenile Justice Center ResiskntiolSrnica Agrecmiinr — - -- Scplcm6a I, 2014- August 31, 2015 A. Basle Level of Care consists of a structured, supportive residential setting that is designed to maintain or Improve the child's functioning. It includes routine guidance and supervision to ensure the child's safety, involvement In age - appropriate structured activities, rehabilitative services and guidance from professionals or paraprofessionals to help the child attain or maintain functioning appropriate to the child's age and development Basic Level of Care requires the facility meet all applicable standards under Title 37 Texas Administrative Code. All Secure Post - adjudications facilities that are registered with the Texas Juvenile Justice Department and certified by the local juvenile board qualify for the daily rate listed above. B. Specialized Level of Care consists of a structured, controlled residential treatment setting that is designed to provide appropriate supervision and a moderate level of therapeutic services to maintain or improve the child's functioning. These services reflect a full range of social, psychosocial, and rehabilitative interventions and may include, but are not limited to, substance abuse services, sex offender treatment, special populations, mental health services and services for pregnant females. Specialized programming is developed and Implemented by appropriately credentialed professionals. The provision of individual, group and family therapy and other therapeutic interventions and programs, are managed and administered by appropriately licensed mental health professionals (e.g., psychiatrists, psychologists, therapists, counselors or paraprofessional staff under the direct supervision of professional therapists or counselors). Review of a child's continued need for specialized services shall be conducted at least every 90 days by an appropriate mental health professional and /or treatment team. Specialized Level of Care requires the facility meet all applicable standards under Title 37 Texas Administrative Code. Secure Post - adjudications facilities that are registered with the Texas Juvenile Justice Department (TJJD) and certified by the local juvenile board may qualify for this higher level of funding by submitting an application to TJJD for approval. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, hair cuts, transportation, school supplies, and room, (rent, utilities, maintenance, telephone). B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification shall be done at a minimum of every ninety (90) days. A copy of the placement justification shall be submitted to Juvenile Probation within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s) and Juvenile Probation are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. Juvenile Probation and parents will be informed Vol. 202 Pa. /%7 Vlelnris County Juvenlle Justice Center -- - --- -- - - -- Residcnlinl 5erviar Agrccmebl- - _ -- September I, 2014- August 31, 7015 immediately if during working hours. After normal working hours, every effort will be made to notify Juvenile Probation and the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to Juvenile Probation a written Individualized Treatment /Case Plan developed in concert with the child and mutually agreed upon by the appropriate Service Provider staff and Juvenile Probation within thirty (30) days of placement Said Individualized Treatment /Case Plan shall include measurement of progress towards goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental/ behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Treatment /Case Plan with the child and the assigned Service Provider staff at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary and determining the need for continued placement outside of the child's natural home. The Individualized Treatment /Case Plan shall contain the reasons why the placement may benefit the child; shall specify behavioral goals and objectives being sought for each child; shall state how the goals and objectives are to be achieved in the placement; and shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Treatment /Case Plan and the periodic reviews. H. Provide Juvenile Probation with a written report of the child's progress on a monthly basis in a Monthly Progress Report. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of services provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of children in program successfully achieving set educational goals, percentage of children achieving set vocational goals, percentage of children achieving set social skills goals, percentage of youth demonstrating overall progress, and number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and /or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical/ psychiatric treatment and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation, Medicaid or health insurance. However in no case shall a child be denied any needed medical / psychiatric treatment or clothing due to the inability to pay. Vol. 202 Pg. / x Victoria County Juvenile Justice Censer -- -- — - - - ---- -- — RCSidca1m1 Services Agnmenl September I, 20W 4 — August 31. 2013 ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this secfion. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2 Prevent re- referrals of children during the six (6) months following release from residential placement 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re- referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed their placement and not re- referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. Notwithstanding the foregoing criteria for evaluation, nothing herein shall be construed as a guaranty of outcome or performance by any child. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. Vol. 202 Pg. 7J Victoria County Juvenile Justice Center - - - Rcsidcntial Services Agrccmcnl- -- September I, 2014 — August 31,'_015 ARTICLE V COMPENSATION 5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay the Service Provider the sum of $98.00 per day for each child whether male or female, admitted under "Basic" level of Care, $140.00 per day for each child admitted under "Specialized" Level of Care. The Levels of Care are defined by the Texas Juvenile Justice Department. The daily rate shall be paid to the Service Provider for each day a child is in residential treatment pursuant to billing and paying procedures agreed upon by Juvenile Probation and Service Provider. The Female Offender and Pregnant Offender Programs are recognized as a Specialized Treatment program and payment for the same shall be at the Specialized Level Care rate set forth above. Payment is due within 30 days of receipt of billing and shall be mailed to: Victoria County Juvenile Justice Center 97 Foster Field Dr. Victoria, Texas 77904 ATT: Pama Hencerling, Chief JPO 5.02 Psychiatric services will be provided to die child on an as needed basis and shall be billed to Juvenile Probation. An initial psychiatric/ psychological evaluation that has been conducted within the last 12 months is required prior to acceptance into the program. 5.03 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.04 Juvenile Probation shall be responsible for all of the juvenile's medical expenses, And Juvenile Probation agrees to indemnify and hold the Service Provider, its Officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for medical expenses. If an emergency examination, EMS treatment, health care treatment, and /or hospitalization outside the Facility (hereinafter, "Outside Treatment ") is required for a child placed in the Facility, the Administrator of the Facility (hereinafter, "the Administrator ") is authorized to secure the Outside Treatment at the expense of Juvenile Probation. The Administrator shall notify Juvenile Probation of Outside Treatment within twenty-four (24) hours of its occurrence. Juvenile Probation shall make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation, hospitalization, prenatal services, and dental, for Post - Adjudication Program juveniles and other juveniles for whom the Administrator has not elected to secure such services as provided herein above. In all other medical situations, the Service Provider is authorized, but not required, to make arrangements with vendors, at Juvenile Probation's request, for the provision of medical treatment at the expense of Juvenile Probation. If the Service Provider makes such arrangement, the Service Provider is authorized, but not required, to seek coverage or reimbursement of expenses from all sources, including but not limited to, Medicaid, Social Security, medical insurance coverage, or contributions from parents or others and deducted from the invoice submitted to Juvenile Vol. 202 Pg. ZL Vic lorl a County Juvevae.tuslice Center — — - -- - — - - - — Residential Services; Agrcetacnt - - - -- Septcasber 1, 3014 - August 11, 2015 Probation. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and time services were provided and such other information deemed necessary for adequate fiscal control. In any event, responsibility for payment to vendors or reimbursement to Service Provider is the ultimate responsibility of Juvenile Probation. Service Provider will invoice Juvenile Probation for any non - reimbursed funds advanced by the Service Provider, and the Juvenile Probation will remit to the Service Provider, within 30 days of invoice, full and final payment. 5.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this Contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this Contract, the new rates will become effective reflecting those of the increase. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will notcontact other department employees regarding any claims of payment 5,09 Service Provider will provide certification of eligibility to receive state funds as required by Texas Family Cade Section 231.006. 5.10 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE VI ADDITIONAL TERMS & AGREEMENTS 6.01 Prior to transporting a child to the Facility for placement, Juvenile Probation shall call the Facility ,to ensure that space is available. Placement of children by Juvenile Probation may be denied if space limitations require as determined by the Facility. Vol. 202 Pg. % i/ Victor Is County.luven Ile Justice Ceater -- - -"- -- - - _- - -- - "- "-- -"" — "— -- Residential Services Agreemenl September 1, 2014 - August 31. 20 15 6.02 A child will only be accepted in the Facility upon receipt by the Administrator of a proper order from the Juvenile Court of Brazos County and other documentation required by Service Provider. 6.03 Each child placed In the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, or unmanageable, unsuitable for the program or combination of such conditions or characteristics or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify Juvenile Probation of Brazos County of this determination. It will be the responsibility of juvenile Probation to provide for the transportation for the removal of the child and shall be removed as soon as practicable, but in no event longer than seven (7) working days after notification. 6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives a written authorization from the Juvenile Probation Department that originally authorized the placement of the child, 6.07 It is further understood and agreed by the parties thatchildren placed in the Facility may be released to the Juvenile Probation or other appropriate authority of Brazos County pursuant to: (a) Section 6.04 of this Contract or, (b) an Order of Release signed by the Judge of the Juvenile Court of Brazos County, 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Brazos County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Brazos County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51,12, 6.09 Juvenile Probation reserves the right to terminate the child's placement with Service Provider at its discretion. Service Provider must not release a child to any person or agency other than Juvenile Probation without the written consent of an authorized agent of Juvenile Probation. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and /or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to juvenile Probation such descriptive information contracted Vol. 202 Pg. Victoria County Juvenile Justice Ccoter - "" - - - - - -- - - " -- -- -- - - -- - - Residential Services Agneemcnt September I, 2014— August 31, 2015 children as requested on forms provided by Juvenile Probation, 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 7.05 "Contractor (aka "Service Provider') understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Contract, or as may be required by law, ARTICLE IX 9.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenilejustice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1 -877- 786 -7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and Vol. 202 Pg. Vicloria County Juvenile Justice Center - Raidrniial Services Agrecmrnt Septembu I, 2014 - August 31, 2015 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form shall also be sent to Brazos County Juvenile Probation Department within 24 hours at facsimile number (979) 8234211. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas juvenile Justice Department immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll -free 1 -877- 786 -7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1- 512 -424 -6717 or by email; and 3. With respect to children placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form shall also be sent to Brazos County Juvenile Probation Department within 24 hours at facsimile number (979) 823 -4211. 9.02 Allegations Occurring Outride the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a child, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 9.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an orator written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth - on -youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a child that includes sexual abuse by contact or sexual abuse by non - contact. D. Serious physical abuse is bodily harm or condition that requited directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves children under juvenile court jurisdiction. The term includes: a public or private juvenile post - adjudication secure correctional facility Vol. 202 Pg. _2 Lc Vic torla County Juvenile Jwdee Censer -Residential Sttvir¢s AgrecnKnt Scp(cmbv I, 2014— August 31, 2015 required to be certified in accordance with the Texas Family Code; and a public or private non - secure juvenile post- adjudication residential treatment facility housing children under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves children under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non - residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE X CRIMINAL HISTORY SEARCHES 10.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 10.02 Criminal history searches shall include the following; A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet -based searches shall not be used to conduct this background search. 10.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later; duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising there from have been resolved. 10.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following A. A felony conviction against the laws of this state, another state, or the United States within the past ten 10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or die United States within the past five (5) years; 10 Vol. 202 Pg. u / Vlclorla County AurenIIC Justice Cesltr _ -- - - — _ -- RoWntiol Scrviccs.Aircetnenr -. _ -- Sep[cmbcr I, 2014— August 31, 2015 F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 10.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since thecompledon of any period of incarceration, community supervision, or parole. 10.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 10.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE XI DISCLOSURE OF INFORMATION 11.01 Service Provider warrants that, prior to entering this Contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with children; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe' by a state regulatory agency in a child abuse, neglect and /or exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history` shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 11 Vol. 202 Pg. � Vlcmrla County Juvenile Justice Center - - - - -- - - - - - - - -- Residential Scrviacs Agm mml - - _ -- September 1, 2014- August 31, 2015 G. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct unsupervised contact with juveniles in ajuvenile justice facility or juvenile justice program that have a disqualifying criminal history. 11.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and air of the foregoing information as to any individual, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and /or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XII EQUAL OPPORTUNITY 12.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XIII ASSIGNMENT & SLTCONTRACT 13.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE XrV OFFICIALS NOT TO BENEnT 14.01 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XV DEFAULT 15.01 juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. if Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. WA Vol. 202 Pe. �G_3 Victoria County J uvcnlle Justice Cenitr ResiJcntiotScrvitts Agrcemtat _ Scptcmbcr I, 2014- August 31, 2013 ARTICLE XVI TERMINATION 16.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 16.02 If at anytime during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVII WAIVER OF SUBROGATION 17.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against juvenile Probation. Service Provider also waives any rights it may have to indemnificatinn from Juvenile Probation, ARTICLE XVIII REPRESENTATIONS& WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it hold aU necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Victoria or any political subdivision thereof; C. Victoria County will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider providing limits of $100,000 per occurrence and $300,000 aggregate. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. D. That all of its employees, interns, volunteers, subcontractors, agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and /or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff 13 Vol. 202 Pg. ;2 ��� Victoria County Juvenift.iustite Cenler — "� "'Resitleffiiol Services s Agreerncnt -_ -- Scptembcr I, 2014 - August 31, 2013 areas of any and all of its offices/ facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas juvenile Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XIV TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Victoria County, Texas. ARTICLE XX VENUE 20,01 Exclusive venue for any litigation arising from this Agreement shall be in Victoria County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any one or more of the provisions contained in this Agreementshall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such Invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge of Brazos County having juvenile jurisdiction. ARTICLE XXIII PRISON RAPE ELIMINATION ACT 2301 Service Provider shall adopt and comply with all federal, state, county, and city Iaws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero - tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile offenders [PREA §1 15,312(a)]. 14 Vol. 202 Pg. �03� Victoria County Juvenile Jwete Center "— _- Residential Services Ageement _ - "- September i, 2014— August31, 2015 Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] shall make available to the CPO all incident -based aggregated data reports of sexual abuse at its facility or facilities within 24 -hours of the allegation., and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA 9115.387(e) and (f)] EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS WHEREOF, we here unto affix our signature this day of 2014. Brazos County Victoria County Juvenile Justice Center bation Department _s%'.VtY Chief Ji6enile Probation Officer Don R. Pozzi, County Judge Br County rllly Judge Duane Peters Chairman of Juvenile Board Stephen Williams Chairman of the Juvenile Board 15 Vol. 202 Pg. d6 BRAZOS COUNTY _ I COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: May 27, 2014 SUBJECT: Temporary Utility Permit — Halcon Resources Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line within and along the right -of -way of Old Reliance Road. Project will provide water to oil well. Site is located in Precinct 2. SUBMITTED BY: J 7. Salvato Right of Way Agent This request is APPROVED BY: Sammy C talena Commissioner Precinct 2 ❑ by Commissioners' Court Q Duane Peters, County Judge DATE: �5 0 r I 4 Vol. 202 Pg. �a TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Halcon Resources [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name &Block Number Length of Crossin TYPE OF CONSTRUCTION CHECK ONE De ih Distance Bored Jacked Driven Cased Old Reliance Road Wallis Intersection 0.7 miles east of S14 6 On Surface 8,000" Old Reliance Road Facility to Parallel County Road Within Right -Of -Way Road Name and Block Number From To De ih Distance Old Reliance Road Wallis Intersection 0.7 miles east of S14 6 On Surface 8,000" CONSTRUCTION TYPE 10" Diameter Wall Thickness Material Specification Aluminum Maximum Operation Pressure 50 PSI PROJECT WILL LAY 10" ALUMINUM WATER LINE T14RU CULVERT FOR APPROX. 14 DAYS. 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 14 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60s' day, Company will be required to apply for -a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder, It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 202 Pg. '1765� exercise or.attempted exercise_by_said holder of the aforesaid rights Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED iN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon Its fallure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any thine, in rite sole discretion of Brazos County, for interests of public health, safety= or welfare, or for failure to repair any damages upon demand, or for any other reason deemed suffIeient by Brazos County. In the event Company jails to comply with any or all of the requirements as set forth herein, the Count)- may take such action as it deems appropriate to compel compliance. The Cotuity Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, 1 certify that I am authorized to represent the Company listed below, and that the Company agrees to the Conditions /provisions included in this permit. licdcot Company Name Si�i ature ��11 LlXtfbr lz..�fc7Kfx Su/ Title 100V Lct�,Aklli S-t- ODD Address IiDt�¢or� 'fix -noo? City _ State Zip EmEt l t�rI'Prtccr,QflO � Vo1.202 Pg. r'©�r WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated OS' ad- a0M except as noted below: (Month/Day/Year) EXCEPTIONS: DamyEWAY LAY DOWNS M67 5E USED gT CULVKCIS LESS 'r#0;4 zi0 Brazos County Engineer 6C A/I /�� F A g ure ,how, ►�GbNT Title Vol. 202 Pg. 11/© i ✓ 'Ay{ a= i Z. ���s�•a`� ' � r JjO..q �•''Y � 1. LTY' i a4. - •'lacy- i + �:� .. s,yv i "P -M ANN _yrj ,;'! h lei C � SKr \ i �,�nh �4H .! f +';�T�*'�.. { �a,t11�JM , � ,(y as 41�. ieti�'4 p}�5^° Ai' ajP'- �ciYa�„r •� � �• �k,"7 �. a! �j�h•;5.^,Y.(�e'TMj'M14��.P F/1 '. "J•A ."4+ i a.� �'.a.�f,lf -ti ti. i i x ft yyyyyy • u� ate. G. R �u y�� `� �y f. BRAZOS COUNTY ROADWAY SAFETY AND ROAD - p-RESERVATION- STANDARDSEOR_WORK- CONDUCTEDIN -- - - BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall he restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. G Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires speci f 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; Vol. 202 Pe. �� 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths— utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow fine when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d, not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 designated locations based upon the type from back of right -of -way). Power— 0 -2 feet, nominally 1' Phone — 2 -4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' feet or greater of right of way shall be installed within of utility. The locations shall be as follows: (measured 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated .representative will provide final approval of each utility location. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b, be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol. 202 Pg. 9. Bore Pits b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement .without prior approval from the County Engineer or his representative; d, when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved Cpunty road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs, Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of 'No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. Vol. 202 Pg. oLy __ F Repairs- to.existingfaciluies -- _ __. __._ _ ._ _ _.__ 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 its designated representative and a permit has been obtained. G. Relocation of utilities 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 road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non- controlled access installations, should contain the .following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch erade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' 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. Vol. 202 Pg. y $^ y�I p . oil! N5i ";ij �? EP.S -e @ gi `a $ 'c it! rfsr$F -$A�` � 6 �� -1 1- $ � �g it i A_�-t: g �$ 1110 a _jr ` 6i 64g S L��N IF bt• 66 €p. : 6 P -11;111 g r L �=L k -- y3 ss° ' i faEej E[[iiGp., 6 � £y46pg P�Sbb� E7 A WgB98£fsa�9�flE �Cs� —_— 2: - -- .— �Y,iiu+- .b -TYri:u .— _— .— .— _— .— _— _ —_ —. T_. ,Tt .DO1 .00 C 1 C/1 b a of a HDI.D/Y$`� JF1�o6 i Al ..D ✓,wc - - T - - .wlnaa 4 .., wi a �£a ..' a� w :L'.".::e : .i.'r+.:w• .�" . �. •� a w we.... �. �.+. , ww w,.w,�a`.=.n..w 4 , .v'°:�i'.3 nw w ::� . ' w,rcYa .°,row Pg. -- 1T2 p���b�.°�9- i'AaS9J rpxx�s�= °e lad;= I GIs 8. s�a:sssma� y $^ y�I p . oil! N5i ";ij �? EP.S -e @ gi `a $ 'c it! rfsr$F -$A�` � 6 �� -1 1- $ � �g it i A_�-t: g �$ 1110 a _jr ` 6i 64g S L��N IF bt• 66 €p. : 6 P -11;111 g r L �=L k -- y3 ss° ' i faEej E[[iiGp., 6 � £y46pg P�Sbb� E7 A WgB98£fsa�9�flE �Cs� —_— 2: - -- .— �Y,iiu+- .b -TYri:u .— _— .— .— _— .— _— _ —_ —. T_. ,Tt .DO1 .00 C 1 C/1 b a of a HDI.D/Y$`� JF1�o6 i Al ..D ✓,wc - - T - - .wlnaa 4 .., wi a �£a ..' a� w :L'.".::e : .i.'r+.:w• .�" . �. •� a w we.... �. �.+. , ww w,.w,�a`.=.n..w 4 , .v'°:�i'.3 nw w ::� . ' w,rcYa .°,row ...1i YY °C M.i � Y�• .., wi a �£a ..' a� w :L'.".::e : .i.'r+.:w• .�" . �. •� °<^°ia :ice >°,� w we.... �. �.+. , ww w,.w,�a`.=.n..w 4 , .v'°:�i'.3 nw w ::� . .m•, rare Vol. 202 Pg. w 0 v U Z Q LUC, W o i o u ]G O it x w � N O U Q N a N O U U C h O a 0 _ °o v! � N W C 2 O V d CL C�C N O U 15 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: May 27, 2014 SUBJECT: Temporary Utility Permit — Halcon Resources Consider and take action on the Halcon Resources utility permit to install temporary 10" aluminum water line along Wallis Road. Project will .provide water to oil well. Site is located in Precinct 2. SUBMITTED BY: 4,A- U -- j /V. Salvato Right of Way Agent APPROVED BY: Sammy Precinct 2 This request is OVED / DEN D El b Commissioners' Court Duane Peters, County Judge DATE: 15 OIJ Vol. 2 02 Pg. TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Halcon Resources [company name], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and/or along certain County Roads.as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Depth Distance Bored Jacked Driven Cased Wallis Road Wallis Intersection S comer of Coulter Field On Surface 1,400' Road Name and Block Number From To Depth Distance Wallis Road Wallis Intersection S comer of Coulter Field On Surface 1,400' CONSTRUCTION TYPE 10" Diameter Wall Thickness Material Specification Aluminum Maximum Operation Pressure 50 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 14 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 601h day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. it is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 202 Pg. expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assmnes all financial responsibility for damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in tyre sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In fire event Company fails to comply with any or all of the requirements as set forth herein, the Couno may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the ApplicantlComparty. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to 'represent the Company listed below, and that the Company agrees to the conditions /provisions included in'this permit. O I 1, -ovt Besot(LCS Co npany Name i V� ���> rxfe,— sy�� Sit azure t l�tfe.^ tic l[7wGt Sctl. Title 1000 Lcairri6l1ti St S>~,fiz- 6110 Vol. 202 .Pg. WATER UTILITY APPROVAL Brazos County offers no objection to the Proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated DS' Z-0 - Zdt y except as noted below: (Month/Day/Year) EXCEPTIONS: 01ZZ*eWdY ZH bawNS .0 sy 13E v I) M C&4 -Wyt7S LOSS i*v z V # /Z iTy Mww Brazos County Engineer SiglWure ,ecw ouow Title I Vol. 202 Pg. o�oZd 'C I it ' r. y 1" 'y 4'i tit ,�+� 'M ,r /fry4 '!•s 'g ., � {', i•'f r'" t',��f Y a n`+i'a 3- roF 's y 21 °r %a It f t L / i 1 i { 4Yn y'• Lt's y 1"i je f kNi : 14+4'5, `C,{ AF ti it .#q ,Swtt�i '",f, J r. F Fj S SX x r 4 fn M+ . ^if yr,�. �W. ,e Y' fir; J L 4 / r S r' g3✓ i h 'JQ, %^e�f� nil + 1ti r €� 11 }_ n + k it `1 J!. f r -"rFi I1pD t� 1aStfxx r5 3F1 �2 ,I'y `^�. _ •..n,.,if> SFy, ._( ,+a3' 6 � }w'yyY�J 5.,_ ✓.r' �a {~r- '� •�� alt ., ' ltt'AjyMf'yA°'•Azi �rJ 5 . r;�vyA AA"f{Yv}tffitltrr.,...5• �( Aft '`ry \At+�ry °?X ix •. 3` � � x ?i :q � ik� Pi lb� v+[ f w * �1yaT w .Jar i'yq•. a f��� +M ��C •+�'�•1 1 s�. F J!, rxrl (�. y k'SAU f44.'6vAr�r'e"' 1I i 1t nA 4 �'SAr ?a'u Mtii fj Y* ° %" .•.,'{v A51VC'p i1, I, WV '� • , +v�4, Ay.. ,vim. i�3 to xy r� f ¢ �, + 5 ,' N to r•N t >3jaF a Yf �3_ f 351�+r� j� ty+ iT �'A�p C=1 1 t r! M 'k r r♦2 )#+ y �" r iN A 7 � { 1 r V t f�Y >� 1} f v.,,+ i +� i✓+Si4'�, +�i � ti u J �f �,,F �r . ..,xt }f`rf�kr «w f f x';• � �t', ° !� +.Q,� a }Yli'� �� 5'Ci" 7'�t��`t � #. t °S..•F �v` irs;Jy t F _.. \ Mf•. `Jrx. �'t1Kt E"d.. % .' �. » . .+ .'. • es '/, v n �r ,::'. ,. s r _ . BRAZOS COUNTY ROADWAY SAFETY AND ROAD SERVATION- ST-ANDARDS-FOR- WORK- CONDUCTE BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ").(EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and - sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way !sand 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. S. Permittee shall not interfere with other utilities located in the right of way. In the event damage s permittee will be liable to the County or other utilities running through the right of way. I occur, I i i 6.' County Engineer shall determine whether or not permittee's plans shall inconvenience the public. is determined that inconvenience to the public exists, then the County 'Engineer will d whether such project will be allowed or if an alternative exists so as not to inconvenience the pu B. Safety Requirements Proper traffic control measures must be put in place prior to beginning work and remain in place duri the duration of the ' job. All traffic. control measures must follow the Texas Manual Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be 3. Permittee must take such precautions and measures, including placing and displaying safety as may be necessary, in order to safely conduct the public through the project area. 1 shall provide flagmen, signs, signals or devices necessary to provide complete safety to the 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road: Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. G Traffic Control Plan i 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 overnight, requires s ep cific niahttime traffic control measures pursuant to the TMUTCD; j b. if construction is within ten (10) feet of the roadway; or c. any work performed in the road right -of -way; j Vol. 202 Pg. 42,:7- 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. PIan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power— 0 -2 feet, nominally 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 manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; a TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol. 202 Pe. AA -5 9. Bore Pits ______a._no_pits.shall remain open longer_than.2_days;— ._ b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; ff, based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d, all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. Vol. 202 Pg. ; Al F �airs_ta exrstingfaclities __. - ________.__ 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 its designated representative and a permit has been obtained. G. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. S. 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. Vol. 202 Pg.�i BI g �d♦ #� a � I�E 8y o % z � 8�. �VEE e a J �gB �� F R��e�y Ob —gby8 b6Eb �E � ��• yl IC av . d A♦ d d n d Hip -- •u - - �•ollws �w oc n - rO�s "<s x n �solroYS . � +•n inua ' �•pl Ky{ 1GI.Wi N wa4 OYl Mu .VP /� •AI °��Ne �Nisoul p A.Ww1 JWe a�.iO�YI. .IW M uo 1. - uai 11 G wMNi .. oi�q Au M W YW • CV In £. N i«eu'°i.� � � Nliewud e„I�..;IAii'cw`'. wl: w P.++.N• .I w�i1 Iw .. cM •�u Yw. -ac�o Vol. 202 Pg. �_ W ° J w y o U Z i 0 N N C W O ui 2 > Y V 0 w O w J 8 0 O O _ S d N o � U N O U V � a N ci Y KK 3 O O 2 ul � O � — �P Z o ~ a W v Y 0 3 x- sg- s-- s---------- § -- yP =— —'a j _i scup g �d♦ #� a � I�E 8y o % z � 8�. �VEE e a J �gB �� F R��e�y Ob —gby8 b6Eb �E � ��• yl IC av . d A♦ d d n d Hip -- •u - - �•ollws �w oc n - rO�s "<s x n �solroYS . � +•n inua ' �•pl Ky{ 1GI.Wi N wa4 OYl Mu .VP /� •AI °��Ne �Nisoul p A.Ww1 JWe a�.iO�YI. .IW M uo 1. - uai 11 G wMNi .. oi�q Au M W YW • CV In £. N i«eu'°i.� � � Nliewud e„I�..;IAii'cw`'. wl: w P.++.N• .I w�i1 Iw .. cM •�u Yw. -ac�o Vol. 202 Pg. �_ W ° J w y o U Z i 0 N N C W O ui 2 > Y V 0 w O w J 8 0 O O _ S d N o � U N O U V � a N ci Y KK 3 O O 2 ul � O � — �P Z o ~ a W v Y 0 3 DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge May 27, 2014 Temporary Utility Permit — Apache Corporation Consider and take action on the Apache Corporation utility permit to install temporary 10" water line crossing located on Silver Hill : Road. Project will provide water to oil well. Site is located in Precinct 4. SUBMITTED BY: APPROVED BY: J V. Salvato Irma Cauley Right of Way Agent Commissioner Precinct This request is PPROVED / IED ❑ by Commissioners' Court I ) V�� — Duane Peters, County judge DATE: Vol. 202 Pg. ,2,;2 � Ib TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now AN;& (oil? [company name], hereinafter referred to as "Company" a 1'e--AA 5 [state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE 4-50o ,' a D. J'Al A'Cw I vei r Bored Jacked Driven Cased Facility to Parallel County Road Within Rieht•Of -Way CONSTRUCTION TYPE n r, Diameter r Wa 1 Thickness Material Specification Jaiya e-tdArJ,L FIAT 14s& Maximum Operation Pressure I kD P57 Rua S r P,5 r --Isv P3= 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 (FD— 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 all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shalt 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 expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Vol. 202 Pg. �k - Any -deviation -from -these -specifications-must-be -approved-by -Brazos -County -Engineer's Office-or its- designated - - -- representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes allfenancial responsibilityfor damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is enthled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or jar any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 14 hours of beginning construction shalt constitute grounds forJob shutdown. By signing below, t certify that 1 am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. 13a9c de Company Name �s a a,� By: r Signature Title ,�(z37' I�!Cx JVJyA) 4 Qt2 Address (1.S. 2�' 77 ?VsJ City State Zip 979 tea' 9gzo Telephone Number L_i?s )e_r --i7-h,77 0.9 L) 4, Email: Vol. 202 Pg. 4�-9 WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated OS" ZO — Zo /`I except as noted below: (Month/Day/Year) EXCEPTIONS: A /ONp R I#zo* / mv-vG" Brazos County Engine r vl ` Si ure Rw AfiuT Title Vol. 202 Pg. 2-3 0 d i 1 ,y b47 VV Y a �A tea" a n N N N 00 R } O�� S2� -14 S ,TO Vol. 202 Pg. e2.3g / dY z n N N N 00 R } O�� S2� -14 S ,TO Vol. 202 Pg. e2.3g BRAZOS COUNTY ROADWAY SAFETY AND ROAD _______-____ —_P- RESERVATION- STANDARDS- FOR.WORK. CONDUCTED- 1[N..____.___________._ BRAZOS COUNTY RIGH'T'S OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ( "BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the tight of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices ( TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. any construction (i.e. pit, excavation, hole) left open overnight, requires specifi c 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; Vol. 202 Pg. 3 2. Plan must, be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. ' 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right -of -way). Power -0 -2 feet, nominally P Phone— 2 -4 feet, nominally 3' Gas —4 -6 feet, nominally 5' Cable — 6 -8 feet, nominally 7' 6. Utilities with less than 60 feet right -of -way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. Vol. 202 Pg- ° 3 y 9. Bore Pits b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; E based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. , 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shalt be replaced+ with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cur or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity' to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. Vol. 202 Pg. V� F Re airs to erat n - - - - -- - -- - -- - -- - P gjacilit -s -- - - -- - -- - - - -- — L 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 its designated representative and a permit has been obtained. G. Relocation of utilities i 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 road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead! and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater than 10' 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. Vol. 202 Pg. �I i E is�F@ R•s's�s�'se's� °n.i$e�'ns and _ a �. ♦ i� z� Sol, Ell it" SttE Pd # 6 �6$� E 4 bE• r ° iElse g5(SS EE hpa it" bt g e H81H lg pill -M ag'I gi F P�� �a � eE ciao•_ S. k- xp lea' A �{ •�, iY – r, N N A n N i33 a utlu oc We R`� �•mw wi .... wa.c �Si ' ruin uew a w .e .oiiea -• I • -c -,- � i • worms 4 =° — — — — — — — — r.°imw1 I .winew / u•c oc _ � \ /JJI• g � ip � - Y • .. c wp�nett 'P - wOlm15 _ --- _ _ — — �•ni°wc wn�ms ..� uau oe gel • E o�Y w Vol. 2 02 Pg. 432 v ! � o N D U Z � � p N W a ti ti 2 jjC O U Y 3 o: w =0 v D y — v O W C o U Q i ~ vai o V Y O 3 K W D J = O N S O — � Q O W C 2 O a C'C N �O Y DEPARTMENT: MEETING DATE: SUBJECT: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge May 27, 2014 Private Property Access Request permission to enter private property owned by Van and Linda Goerger located on Los Robles Drive. Project will cut and remove dead brush along right -of -way /fence line. Site is located in Precinct 4. SUBMITTED BY: APPROVED ] Salvato Irma Caule Right of Way Agent Commissioner This request is L�J APPROVED /DENIED ❑ by Cotnmissioners' Court IS) Duane Peters, County Judge DATE: 5 Vol. 202 Pg. re BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E Duane Peters Brazos Cwnry Judge Lloyd Wassermann Commissioner Pc[ 1 Sammy Ca +alena Commissioner Pct 2 Kenny Mallard Commissioner Pct. 3 Inns Cauley Commissioner Pct 4 I. OWNER(S): Van and Linda Goerger R. Alen Munger, P.E. County Engineer Brains County Road & Bndge Dept. 2917 Hyry 21 West Bryan. Tam 77a03 Office: 979-822 -2127 Fax: 879.775 -0453 ramunge,Gbrazascountyd. gov Il. ADDRESS: 6200 Los Robles Drive College Station, Texas 77845 III. LOCATION OF WORK: Same as above R35236 — Oak Hills, Lots 56, 57 and reserve tract, 13 acres IV. DESCRIPTION OF WORK: Request permission to enter property for the purpose of cutting and removing dead brush along right- of- way/fence line. Additional V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. K a� J49V. Salvato Right of Way Agent Date: 5-16- Ili r/./.L74••�i m - 1 ,+ NIMINfiffl Vol. 202 Pg. Z'.fAWATO � 90Az960a19l41i7% . 450'4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO.13/14 33.1-33.10 On this the 27th day of May 2014 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 27th day of May 2014 the Court heard and approved abudget amendment for the 2013 -2014 budget year for Brazos County, Texas; and WHEREAS, expenditure, is necessary due to the necessity to meet unusual andunforeseen conditions which could not be reasonably included in the original budget adopted 10 September 2013, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 27th day of May 2014. THE COMIVIISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Sy: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 202 Pg. W-/) BUDGET AMENDMENTS No. 13114.33.1 5/27/2014 INEMB on, Vol. 202 Pg. / ___BRAZOS.00UNT.Y ,_TEXAS--------- -- -'_. __...__ ..._ ..... : ..... ... .. BUDGET AMENDMENTS No. 13/14 - 33.2 5/27/2014 FUNDI DIV I ACCT PROJ DRICRI ACCOUNT NAME Increase Decrease 5800 18006000 61130000 CR Comingencv 3,514.00 5800 18006000 51635000 DR Hourly - Thrce-Qrt Time 2,879.00 5800 18006000 51300000 DR Social Security 220.00 5800 18006000 53200000 DR Retirement 403.00 5800 18006000 53800000 DR Workers Comp 12.00 CA Operating Fund HOT Check) Reallocation of funds to the correct account for a position reclassification for the remainder of FY 14. Commissioner's Court approved the reclassification on May 20, 2014, Item #6. Vol. 2 02 Pg. -11 -, 11, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 33.3 Tor Juvenile Services. Vol. 202 Pg. ��5 _._.BRAZOS COUNTY, 7EXA5___ BUDGET AMENDMENTS No. 13114 - 33.4 5/2712014 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23000300 61900000 1 CR Visitin Court R rters 385.00 0100 23000200 51641000 DR Visiting Judges 355.00 0100 23000200 53100000 DR Social Security 1.00 0100 23000200 53800000 DR Worker's Comp 29.00 I I CCL #1 • Staff Supporl and CCL #1- Judicial Support Reallocation of funds to the proper account to cover for a visiting judges. Vol. 202 Pg. 2eaS TAX Reallocation of funds to the _BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 33.5 Vol. 202 Pg. � i -- _---------- BRAZOS.COUNTY, TEXAS----.-.. BUDGET AMENDMENTS No. 13114 -33.6 5127/2014 ACCOUNT NAME off 7.rrrrmm�' — -- Occupancy Tax Reallocation of funds to the propu account to purchase banquet tables. Vol. 202 Pg. "� --------BRAZOS COUNTY, TEXAS_ BUDGET AMENDMENTS No. 13/14 - 33.7 5/27f2014 ACCOUNTNAME B2jLldinj - Expo Expansion ;Hotel Occupancy Tax Reallocation of funds to the proper account to purchase self clumping hoppers. . . . . . . . . ...... ..... w I .. . '!� W QfF�MMAAAUWMI "12 j QUO jT Vol. 202 Pg. a�V 7 -OWOS COUNTY,. TEXAS BUDGET AMENDMENTS No. 13114 - 33.8 5/27/2014 Vol. 202 Pg. ��T 111 111 11 1111 11 -� �' 1.11 1 11 11 111 11111 -m - . . 1 11 1 11 11 111 11111 -m � II 111111■ - -� -� _111111111111■ -__ -- 111111♦ 111111111111 ■- 111111111111■1111111■ -- 111111■1111111111111111- 11111111111■- -- _111111_ -11 -_ -- _1 -- 111111111111■_ -� General Fund Contingency, 1 -_■ Reallocation of funds to &c pmpa accounts to pay for election woricas. Vol. 202 Pg. ��T BRAZOS COUNTY, TEXAS -- — - -- -- BUDGET AMENDMENTS No. 13N4. 33.9 Vol. 202 Pg. o? z"49 ' Pfd ' rr Vol. 202 Pg. o? z"49 .__ •— BRAZOS.000NTY,_TEXAS__ BUDGET AMENDMENTS No. 13114.33.10 Vol. 202 Pa. ),SZ, Z3 PERSONNEL STATUS _ REQUESTS Commissioner Court Date: May 27, 2 Hu 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 Expo Center Gomez, Christina New Hire McHazlett, James New Hire Randle, Twila Resignation Road and Bridges SO — Detention Center Cuevas, Edward Garcia, Suzana Phillips, Tyler Sheffield, Charlie Approved in Commissioners' Court: May 27 201 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 202 , Pg./ Resignation Resignation Resignation Resignation