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HomeMy WebLinkAbout2015-02-24 10:00AM REGULAR MEETING%1 II I � r. _`, L_._. __. {�i �1#1 FEB 20 �Pp �I:r v38 O a0 t RIM .'E� BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON FEBRUARY 24, 2015 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley 2. Call for Citizen input and/or concerns. Consider and take action on agenda items 3 - 21: 3. Resolution 15 -D04 approving the submission of a grant application for the Crimes Against Women Unit 4. Resolution 15 -005 approving the submission of a grant application for the Victim Services Project 5. Authorization for the County Judge to sign a Grant Adiustment Notice for the 2013 Homeland Securi ty Grant 6 Authorization for the County Judge to send a fetter to the Texas Comotroller requesting a portion of unclaimed capital credits received from electric cooperatives for year 2014 be returned to Brazos County. 7, Request for outof -state travel to attend the State Bar of Texas Trial Techniques Course in New Orleans. LA on February 25.28. S. Appointment of David Lund as a non -paid reserve deputy for Constable. Precinct 3 office. g. Request from the Fleet Maintenance Service for the following creation of a position that will be effective . Resource Specialist I Class Code TBD Position 1 Group 17 Step 8. Pay Code 014 Vol. , 10. Reguest from the Purchasing Department for the following additional Position effective February 28 2015. This will increase the Purchasing's Budget for FY 15 In the amount of 532,633.00. • Create Buyer IL Class Code 1108 Position 3, Group 17 Step 6, Pay Code 013 11. Approval of the following Job Descriptions: • a. Resource Specialist I (for the Fleet Maintenance Dept.) • b. Clerk/Scanner Temp (Class 8108. Position 021 • c. Buyer II (Class 1108) 12. Approval and execution of lease agreement with Halcon. 13. Approval of License Agreement between Brazos County and Central Productions LLC - Jeff Ross Special 14. Permission to advertise Bid fl 201534 Herbicides and Surfactants. 15. Award of bid contract S 2015 -39 Mowing of County Right of Ways. 16. Consider and take action on the FWP Holdings. LLC utility permit to install temporary 10" aluminum water fine within and along the fight-of-way of Jack Manning Road. Pro'ect will Provide water to oil well. Site is located in Precinct 2. 17. Approval of Treasurer's Report for December 2014 and Quarter Ending 12!31114. 16. Tax Refund Applications for the following: • a Kenneth & Kevin Stewart-overpayment-S200.00 • b. Blanca & Martin Guevara - overpayment -59.48 • c. Frances West Allen-overpayment-S21.81 • d Christopher A. Yoder-overpayment-$84.77 19., Budget Amendments. Budget Amendments FY 14115 21.1 - 21.6 20, Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22, Acknowledgement of the 2014 Racial Profile Report for Brazos County Constable. Pct. 1. 23. Sheriffs report on inmate population. 24. Announcement of interest items and possible future agenda topics. 25. Call for Citizen input and/or concerns. 26. Adjourn. Vol. '),17 Pg. / T PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both an 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 command at the Commission meeting. Members of the public are reminded that the Brands County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public In attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating In public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired andlor who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Courts Order antllor continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member for members) of the public to insult the honesty andlor integrity of the Court, as a body, or any member or members of the Court, or County employees, Individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Courts presence and/or mclal, ethnic or gender alum or epithets will not be tolerated. Violation of these rules may result in the follawing sanctions: 1. cancellation of a speakees time; 2. removal from the Commissioners Court; 3. a Contempt Citation; andlor 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the Stale of Texas. The County Commissioners Court can deliberate or take action only If a matter has been listed on an agenda property posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda, The Open Mealing Law does not expressly prohibit responses to public comments by the Commissioners Court However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge andlor Commissioners may choose not to respond to public comments, except to coned factual Inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 7 551.042. INVOCATION Any invocation that may be offered before the ofHdal start of the Court meeting shall be to and for the benefit of the Court The views or beliefs expressed by the invocation speaker have not been previously, reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their fight to actively participate in the business of the Court- The Commissioners Courtroom of the County Administration Building, 20D South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361.4102. Vol. Pg. �D 7 h .G i a4V BRAZOS COUNTY BRYANJEXAS MINUTES February 24, 2015 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING @@ Signature Page.pdf E) File Stamped Agenda. odt Sign in sheet.0f 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, February 24, 2015 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, Late; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Cauley The invocation and pledge were both led by Judge Peters in the absence of Chaplain Jones and Commissioner Cauley. 2. Call for Citizen input and /or concerns. There was no citizen's input. I Vol. .2-17 Pg. I �' Consider and take action on agenda items 3 - 21: 3. Resolution 15 -004 approving the submission of a grant application for the Crimes Against Women Unit. 0 Item lodf A copy of Resolution 15 -004 is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters, Wassermann. Members Absent: Cauley. 4. Resolution 15 -005 approving the submission of a grant application for the Victim Services Project. LTA-- Item 4.od f A copy of Resolution 15 -005 is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Mallard, Peters, Wassermann. Members Absent: Cauley. 5. Authorization for the County Judge to sign a Grant Adjustment Notice for the 2013 Homeland Security Grant. 0 Item 5xdf A copy of the Grant Adjustment Notice is attached. Motion: Approve, Moved by County Judge Duane Peters, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Mallard , Peters, Wassermann. Members Absent: Cauley. 6. Authorization for the County Judge to send a letter to the Texas Comptroller requesting a portion of unclaimed capital credits received from electric cooperatives for year 2014 be returned to Brazos County. G) Item 6.0 A copy of the letter sent to the Texas Comptroller is attached Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . Request for out -of -state travel to attend the State Bar of Texas Trial Techniques Course in New Orleans, LA on February 25 -28. Item 7.odf The request for out of state travel is for Judge Steve Smith. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 8. Appointment of David Lund as a non -paid reserve deputy for Constable, Precinct 3 office. 0 Item 8.odf Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Vol. Pg. �� Wassermann. 9. Request from the Fleet Maintenance Service for the following creation of a position that will be effective on June 20, 2014. This will increase the Fleet Maintenance Service FY 15 Budget in the amount of $17,408.00. Resource Specialist I, Class Code TBD Position 1, Group 17 Step 8, Pay Code 014 Item 9.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 10. Request from the Purchasing Department for the following additional position effective February 28, 2015. This will increase the Purchasing's Budget for FY 15 in the amount of $32,633.00. . Create Buyer II, Class Code 1108 Position 3, Group 17 Step 6, Pay Code 013 ID Item 10.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 11. Approval of the following Job Descriptions: • a. Resource Specialist I (for the Fleet Maintenance Dept.) • b. Clerk/Scanner Temp (Class 8108, Position 02) • c. Buyer II (Class 1108) Item 11.odf A copy of the job descriptions are attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard. Peters. Wassermann. 12. Approval and execution of lease agreement with Halcon. 0 Item 12.0 A copy of the lease agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 13. Approval of License Agreement between Brazos County and Central Productions LLC - Jeff Ross Special m Item 13.0 Vol. �� PC > �3 Commissioner Wassermann expressed concerns for payment of overtime to Sheriffs Office, Information Technology, and Maintenance employees involved in this project. Jail Administrator, Wayne Dickey explained to the Court that overtime pay will be reimbursed to Brazos County. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard, Peters, Wassermann. 14. Permission to advertise Bid # 2015 -34 Herbicides and Surfactants. Item 14.0 Motion. Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard, Peters, Wassermann . 15. Award of bid contract # 2015 -39 Mowing of County Right of Ways. Item 15.)d Bid #2015 -39 was awarded to Wellmann Enterprises. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard , Peters , Wassermann . 16. Consider and take action on the FWP Holdings, LLC utility permit to install temporary 10" aluminum water line within and along the right -of -way of Jack Manning Road. Project will provide water to oil well. Site is located in Precinct 2. 0 Item 16.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters, Wassermann. 17. Approval of Treasurer's Report for December 2014 and Quarter Ending 12/31/14. ID Item 17.1)df The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for December 2014 and Quarter Ending 12131114. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard, Peters, Wassermann . 18. Tax Refund Applications for the following: • a. Kenneth & Kevin Stewart- overpayment - $200.00 • b. Blanca & Martin Guevara - overpayment -$9.48 • c. Frances West Allen- overpayment - $21.81 • d. Christopher A. Yoder - overpayment - $84.77 0- Item 18.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , F- Mallard, Peters, Wassermann . 19. Budget Amendments. Budget Amendments FY 14/15 21.1 - 21.6 ID Item 19.odf 21.1 Transfer of funds from Contingency to the Courthouse Annex. 21.2 Transfer of funds from Contingency to Environmental Protection. 21.3 Reallocate funds for General Capital Improvement. 21.4 Transfer of funds from Contingency to Purchasing. 21.5 Reallocate funds for Justice of the Peace, Precinct 3. 21.6 Transfer of funds from Courthouse Improvement to Tax Office. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann. 20. Personnel Change of Status. Personnel Action Forms Q Item 20.0 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 . 21. Payment of Claims. m BILL LIST 02.24.15.odt 0- Claims Sheet.odf 7130135 - 7130336 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann. 22. Acknowledgement of the 2014 Racial Profile Report for Brazos County Constable, Pct. 1 0 Item 22.)d The Court acknowledged receipt of the 2014 Racial Profiling Report for Constable, Pct. 1. 23. Sheriffs report on inmate population. Jail Administrator, Wayne Dickey stated there were 602 inmates in jail, 65 have electronic monitors, and 5 are pending for monitors. 24. Announcement of interest items and possible future agenda topics. There were no announcements. 25. Call for Citizen input and /or concerns. There was no citizen's input. Vol. �17 26. Adjourn. Vt Pg. / yp/ The foregoing minutes of the Commissioners Court meeting held February 24, 2015 have been examined and are approved in open Court this -3KO day of MG y-ck , 2015, in Bryan, Brazos County, Texas. Duane Peters Lloyd Wassermarm County Judge Commissioner, Precinct 1 AMI�k�� Sammy Catalyfa Commissioner, Precinct 2 Commissioner, Attest IVj Oo Kazen McQueen County Clerk Kenny Mall • l Commissioner, Precinct 3 V01. IY 7P g. /.f Pg I of 2 BRAZOS COUNTY COMMISSIONER'S COURT A DAY • -... Name PRINT) 20/,S Organization ?U,P- C,�l - Lb s, -, H , ' �t geV ^^� l BRAZOS COUNTY COMMISSIONER'S COURT g i 1 Name (PLEASE PRINT) Pg Z of 2 20Z Organization (PLEASE PRINT) - -- Root- -r�`_� -' - -- -- Resolution Crimes Against Women Unit WHEREAS, The Brazos County Commissioners Court finds it in the best interest of the citizens of Brazos County that the Crimes Against Women Unit be operated for the 2016 year; and WHEREAS, The Brazos County Commissioners Court agrees to provide applicable matching funds for the said project as required by the Criminal Justice Division grant application; and WHEREAS, The Brazos County Commissioners Court agrees that in the event of loss or misuse of the Criminal Justice Division funds, The Brazos County Commissioners Court assures that the funds will be returned be to the Criminal Justice Division in full. WHEREAS, The Brazos County Commissioners Court designates Duane Peters as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf the applicant agency. NOW, THEREFORE, BE IT RESOLVED that The Brazos County Commissioners Court approves the submission of the grant application for the Crimes Against Women Unit to the Office of the Governor, Criminal Justice ,(Division. ,, ,n, RESOLVED THIS 9q DAY OF ( 1 2015. Duane ,�oo County /--/& G� L(J G�CLCJ?�4 H Comm sioner Lloyd Wassermann Precinct 1 Commission Lenny Mal d Precinct 3 3 Resolution Victim Services Project WHEREAS, The Brazos County Commissioners Court finds it in the best interest of the citizens Brazos County (Geographic Area) that the Victim Services Project be operated for the 2016 year; and WHEREAS, Commissioners Court agrees to provide applicable matching funds for the said project as required by the Criminal Justice Division grant application; and WHEREAS, Commissioners Court agrees in the event of loss or misuse of the Criminal Justice Division funds, Commissioners Court assures that the funds will be returned be to the Criminal Justice Division in full. WHEREAS, Commissioners Court designates Duane Peters as the grantees authorized official. The authorized official is given the power to apply for accept, reject, alter or terminate the grant on behalf the applicant agency. NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County approves the submission of the grant application for the Victim Services Project to the Office of the Governor, Criminal Justice Division. RESOLVED THIS C2q*DAYOF-rebMaQA 2015. Duane Petc County Jud CoriiAssioner Lloyd Wassermann Precinct 1 Commission envy Ivy and Precinct 3 q- 5 �gtt°F p` Texas Department of Public Safety :4 2013 Grant Adjustment Notice A T A for A:m tt: Brazos County 1 -Ge aial Award Iniorin ion r 1. s RNeren`�:`d ncumbranceiNO"1r "i.�&'� f + `a r t r , =d`g 2 �� 3....m.wr Ca' Ste` +�v !.✓ _7^l ., ..a , i.e, „'....,. ?F4. , d..n.�.�*+f °4.i? ti.[ Date of Award: February 13, 2015 Prepared ay: Gabbart, Steven 3. SAA Award Number: 13 -GA 48041 -02 Judge Duane Peters Brazos County 200 S. Texas Ave. Suite 332 Bryan, TX 77803 SHSP $17,095.87 Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP) Federal Grant Award Number: EMW-2013 -SS -00045 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Date Federal Grant Awarded to TxDPS: September 6, 2012 CFDA: 97.067 Grant Period: From: To: Sep 1, 2013 Jan 31, 2013 (The SAA must recehm all Invoices by the end of grant period) 7. Statutory Authority for Grant: The Department of Homeland Security Appropriations Act, 2013, (Public Law 113 -6), and the Homeland Security Act of 2002 (Public Law 107 -296), as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110 -53). S. Method of Payment: Primary method Is reimbursement. 9. Debarment /Suspension Certification: The Sub - Recipient certifies that the sub - recipient and Its contractors /vendors are not debarred,suspended, proposed for debarment, 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/ Approving TxDPS Official: Garry Jones Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: / "low o / I have read, understood and agree to this Sub- Recipient Agreement consisting of this Award and the attached Terms and Conditions. Irint name and title of Au' JAI, cwe S Enter Employer Identification Number (EIN) or DUNS Number: - Date Signed Federal Tax Identification Number: 14 - b00043 G 51Qq (9030 I a�a l is DUE DATE: March 30, 2015 Signed Award with Terms and Conditions must be returned to SAA_SRAOdps.texas.gov on or before the due Vol. a7Z% pg. / 7,2, 2013 TERMS AND CONDITIONS Instructions: The Sub - recipient shall: f. Fill In the information and sign the Grant Sub - Recipient Award,' 2. Certify they have read and understand these Terms and Conditions; 3. Certify to the statements provided in Exhibits A, B, C and D located at the back of this document by filling In contact information and signing all exhibits, and 4. Return all documents via emall to SAA_SRA@dps.texes.gov on orbefore the date provided in the transmittal letter and/or in this grant. Grant Sub - recipient Aaree This Grant Sub - recipient Agreement (consisting of this 2013 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 2013 Homeland Security Grant Program (HSGP) funding plays an important role in the implementation of the National Preparedness System ((NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (NA) of a secure and resilient Nation. HSGP funding shall be used for statutorily eligible 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. This program provides an integrated mechanism that builds and sustains core capabilities to support the Nation's Preparedness against terrorist attacks, major disasters, and other emergencies. The FY 2013 Nonprofit Security Grant Program (NSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) by supporting the developpment and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in the W. NSGP provides funding support statutorily eligible costs to include target hardening and other physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack and located w thin one of the specific Urban Areas Secur ty Initiative (UASI)- a "gible Urban Areas. While this funding is provided speafically to high -risk nonprofit organizations, the program seeks to integrate nonprofit preparedness activities with broader State and IDCaI preparedness efforts. It is also designed to promote coordination and collaboration In emergency preparedness activities among public and private community representatives, as well as State and local government agencies. Sub - recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPSfrHSSAA. If Sub - recipient Issues subawards as part of this Grant project, Sub- recplent shall Include and require its subawardees to comply with the terms and conditions of this Grant. The term "Sub- recipient agreement funds" as used In this Grant means funds provided by DPSfrHSSAA 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 2013 Funding Opportunity Announcement (FOA) for the Federal Grant Title specified on this Grant, and such FY 2013 FOA is incorporated by reference herein. Sub - recipient shall read, understand and accept the FY 2013 Funding Opportunity Announcement as binding. Standard of Performance. Sub - recipient shall pperform 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 DPSfrHSSAA web -based grants management system, or comply with any provision of this Grant. Sub - recipient shall be liable to DPS /rHSSAA 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 DPSfrHSSAA 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. vironmental Review Sub - recipient shall assess its federally funded projects for potential impact to environmental resources and historic properties. Sub - recipient shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by DPS /THSSAA. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. Sub - recipient shall include sufficient review time within its oroiect management plan to comolv with EHP requirements. Initiation of anv activity orior to comoletion of FEMA's '�" i _FHa review will result In a non-compliance finding and DPS /THSSAA will not authorize or release grant funds for non - compliant oroiects• Sub - recipient, as soon as possible upon receiving its grant award, shall provide information to DPSJTHSSAA to assist with the legally- required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the SSA EHP Screening Farm OMB Number 1660.01151FEMA Farm 024 -0 -01 and submitting It, with all supporting documentation, to DPS/iHSSAA for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Acl, the Endangered Species Ad, EO 11988 — F1 oodplain Management, EO 11990 — Protection of Wetlands, and E012898 — Environmental Justice. Sub - recipient shall mmply9with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 3322 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 pro act as the result of FEMA's EHP review. Any changes to an approved project description will require re- evaluation for compliance wA HP requirements before the project can proceed. ]?ground disturbing activities occur during project implementation, Sub - recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Sub - recipient shall Immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Funding Obligations A. DPS/THSSAA shall not be liable to Sub - recipient for any costs incurred by Sub- recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/THSSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Sub - recipient Award. C. Sub - recipient shall contribute the match funds listed on the Grant Sub - recipient Award. D. Sub - recipient shall refund to DPS/THSSAA any sum of these grant funds that has been determined by DPS/THSSAA to bean overpayment to Sub - recipPient 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/rHSSAA within thirty, (30) days after DPS/rHSSAA requests such refund. E. Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA's obligations under this Grant are contingent upon the receipt of adequate funds to meet DPSfrHSSAA's liabilities hereunder, except as required by the Homeland Security Grant Program (HSGP). DPS/THSSAA shall not be liable to Sub - recipient for costs which exceed the amount specified in this Grant. Performance Period Sub - recipient shall have expended all grant funds and submitted reimbursement requests, and any invoices, in the DPSITH58AA grant management system by the end of the performance period. DPS/THSSAA shall not be obligated to reimburse expenses incurred or submitted after the performance period. Uniform Administrative Re uc rements Cost Principals and Audit Requirements Except as specifically modified by law or this Grant, Sub - recipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, 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 CircularA -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) it agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2013 Funding Announcement and supplemental resources for the HSGP c mazon urrently available at cov west 1 aawc com /dam- production /uoloads/20130726- 1916 - 25045 -6176 /fv 2013 hsop foa odf and the Nonprofit httos•lls3- us-aoy, west- 1.emazonaws.com/ dam - oroduction /uoloads/20130726- 1916 - 25045- 0844/fv 13 nsao foa fnal.odf. DHS Specific Acknowledgements and Assurances Sub - recipient shall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 —Financial Assistance Award Standard Terms and Conditions (January 10, 2011 , which is incorporated by reference herein. DHS requires those standard terms and conditions which are approved by the Division of inancial Assistance Policy and Oversight to be applied to all financial assistance awardshtto : /hvww.dhs.aovlxlibrarvl assets /cfo- financial - manaaement- ooiicv- manual odf. Sub - recipient acknowledges and agrees, and shall require any sul>reciplents, 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 dght 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 maybe necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub - recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Sub - recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three (�3) years, Sub - recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English profidency), sex, age, disability, religion, or familial status, Sub - recipient shall provide a list of all such proceedings, pending or completed, Including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against Sub - recipient, or Sub - recipient settles a case or matter alleging such discrimination, Sub - recipient shall forward a copy of the complaint and findings to the DHS Component and /or awarding office. The United States has the right to seek judicial enforcement of these obligations. Operation Stonegarden (OPSG) Specific Conditions If Sub - recipient is receiving Operation Stonegarden (OPSG) funds, Sub - recipient is prohibited from obligating or expending OPSG funds provided through this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order or Fragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border Protection/Border Patrol (CBPIBP). Each Operations Order will be transferred via the secure portal (CBP /BP) BPETS system from each respective AOR Sector HQ to CBP /BP HQ in Washington, D.C., for review and pre - approval for Operational continuity, then forwarded to FEMA GPD/PGD OPSG Pro ram Office for final review /approval. Official notification of approval will be sent by FEMA via email to DPS/rHSSAA and CBP /BP H8 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 onlyy initiate tactical operations after the specific Operations Order(s) area pppproved through the Border Patrol Headquarters and by FEMA, and the DPS/rHSSAA has Issued a Grant Sub•reclpient Award or GAIJ to the jurisdiction. State Requirements for Grants Sub - recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Grant Including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, State Administrative Agency Information Bulletins, available at htto: / /www.fxdos.state.N.ustdirector staff /saa /information bulletins.htm. Texas Uniform Grants Management Standards (UGMS) at htto b - recipient M: / /www.aovernor. state. tx. us / files /state -a rants /UGMS062004.doc and the State Administrative Agency Suanual, available at htto: //www.txdos.state.tx.us /director staff / saa / documents /subredoientManual.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. vol. �1% 3. Grant funds may not be expended to a unit of local government unless the following limitations and reporting requirements are ' setisTied: — T - a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; b. Texas Government Code Sections 556.004, 556.005, and 556.006, including not using any money or vehicle to support the candidacy of any person for office; not Influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose; and not using grant funds to influence the passage or defeat of legislation Including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered lobbyist; c. Texas Government Code Sections 2113.012 and 2113.101 including not using grant funds to compensate any employee who uses alcoholic beverages on active duty plus Sub - recipient may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act, Art. DC, Section 6.13 requiring Sub - recipients to make every effort to attain key performance target levels associated with this grant award, including performance milestones, milestone time frames, and related performance reporting requirements; and e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, including grant funds may only be expended if Sub - recipient timely completes and files its reports. Restrictions and General Conditions A. Use of 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. Lobbvinc 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 offcer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions may be found at 31 U.S.C. §1352. Further, Sub - Recipient understands and agrees that it shall not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of FEMA. C. Transferring Funds. Sub - recipient is prohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG) without a properly executed GAN. D. Federal Emolov ie Prohibition. Federal employees are prohibited from serving In any capacity (paid or unpaid) on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. E. Cost Catecories. 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 2013 HSGP FOA, Appendix C, Funding Guidelines. 1. Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training 6. Exercises 7. Maintenance and Sustainment 8. Critical Emergency Supplies 9. Construction and Renovation F. Governinc Board Aooroyal. 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/I HSSAA 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 Lone Star, to the other part y at its respective address. For notice to DPS/rHSSAA see address set forth below. For Sub - recipient, see the address listed an the Grant Sub - Recipient Award page or Point of Contact address listed for the Sub- recipient in the DPS/rHSSAA Grants Management System (SPARS). s Homeland Security State Admin. Agency a Department of Public Safety Box 4087 n. TX 78773 -0220 H. Points of Contacts. Within 30 days of any change, Sub -rec lent shall notify DPS/rHSSAA of any change or correction to the chief elected official, program, and/or financial points of contact in the I�PSrrHSSAA grant managements stem. l/Z�Y 1. -" DUNS- Number Sub- recipent confirms its Data Uh1ve�- Numbering Sys— e�(DUNS)-Number is the numberlisted on thii; Grant--"""--" " -- The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705 -5711 or J. Central Contractor Registration and Universal Identifier Reauirements. Sub - recipient maintains that it has registered on www.ccr.aov. www.sam.00v /, or other federally established site for contractor registration, and entered DPS/THSSAA- required information. Sub - recipient shall keep current, and then review and update the CCR information at least annually. Sub - recipient shall keep Information current in the CCR/SAM database until the later of when it submits this Grant's final financial report or receives final grant award payment. Sub - recipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor /subawardee's mandatory DUNS number. See section .210 of OMB Circular A -133, Audits of States, Local Governments, and Non -profd Organizations. K. Indirect Cost Allocation Plan. Sub - recipient shall submit Its most recently approved Indirect Cost Allocation Plan signed by Cognizant Agency to DPSIrHSSAA 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 o 1 behalf of all Federal agencies. OMB publishes a listing of cognizant agencies athtto: /Iharvester. census .gov /sacidissemlasp /reports.asp. Unless the basis of the cost plan changes, Sub - recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed to SAA–SRA@dps.texas.gov . The Sub - recipient name shall be included in the file name and subject line of the email transmittal. L. Reporting Total Compensation of Sub - recipient Executives. 2 C.F.R. §170.320; see FEMA Information Bulletin 350. 1. Applicability and what to report: Sub - recipient shall report whether Sub - recipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub - recipient shall report whether 80% or more of Sub - recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub - recipient answers yes° to both questions. Sub - recipient shall report, along with Sub - recipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Sub - recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report: Sub - recipient shall report executive total compensation at www.ccr.00v, www.sam.00v/. or other federally established replacement site. By signing this Grant, Sub- recipient certifies that, if required, Sub - recipient's jurisdiction has already registered, entered the required information, and shall keep information in the CCR/SAM database current, and update the Information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub - recipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. M. Direct Deposit. If Sub - recipient has not received HSGP reimbursements from DPS/THSSAA within the past eleven (11) months (prior to date of award), it shall forward a new /updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub - recipient shall be emailed to SAA RR andps.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 httD: /M1vww. window. state.tx.us /taxinfo /taxforms /74.176.pdL Sub - recipient may simultaneously sign up for the Advance Payment Notification (APN)email feature which provides State of Texas payees with a one - business -day advance notice that a direct deposit payment has been sent to its financial institution. 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(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments. granted under this declared ineligible my active Q. Management and Administration. If this Grant includes a specific award of funds to Sub-recipient for management and administration (M &A), Sub - recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional Information on MBA, refer to Information Bulletin 365 located at http: / /www.fem a.aov /a rants /grant -p roa rams - directorate -i nfo rmation- bulletins.. R. Personnel Cap. Up to fifty percent (50 %) of all HSGP awards received by Sub - recipient may be used for personnel and personnel - related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110 -412). In general, use of HSGP funding to pay for staff and/or contractor regular time or overtime/backfill, among other items, are considered personnel - related costs. Sub- recipient may request a waiver to the 50% personnel cap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at SAA(a)dps.texas.gov. Requests for waivers shall be submitted on official Sub- reciplent letterhead and be signed by an authorized official of Sub - recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379. S. Property Management and Inventory . At least every two (2) years, Sub - recipient shall take a physical Inventory and shall reconcile the results with property records. Sub - recipient shall maintain Property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (See sample inventory record format at :1 tx it compliance, h ) Sub- recipient shall develop and implement a control system to prevent loss, amage or theft of property and Sub - recipient shall investigate and document any loss, damage or theft of property funded 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." U. Acknowledoement of Federal Funding 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 . hN n­;W e nr,n w FcAnrol fir A, written approval before using any of these agencies' seal(s), togos, 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, eta, including use of the United States Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials. W. Copyrioht. Sub - recipient shall comply with requirements regarding publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any Information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, Sub - recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, disp ay, 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 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 purpposes: (1) the copyright in any work developed under an award or sub - award; and (2) any rigghts of copyright to which a recipient or Sub - recipient purchases ownership with Federal support. Sub - recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are purchased with this funding. X. Quarterly Performance Reports. Sub - recipient shall submit performance reports and progress reviews per DPS/THSSAA and /or FEMA's direction. Reports are entered Into the grants management system. Performance reports are due by the twentieth (20th) day after the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required by DPS/THSSAA. DPSrrHSSAA may require other reports or different fimalines to meet federal reporting dates or to respond to information requests. Failure to timely complete a performance report will result in Sub - recipient being unable to request additional reimbursements /advances and may affect future funding. Y. 'Site Visits. DHS and /or DPSfTHSSAA, 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. ed En�l to Proficiency (Civil Rights Act of 1964. Title VI). Sub - recipient shall comply with the requirements of EO 13166, Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination liscrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Sub - recipient shall take e steps to ensure that LEP persons have meaningful access to Sub - recipient's programs. Meaningful access may entail providing assistance services, including oral and written translation, where necessary. Sub - recipient is encouraged to consider the need for services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For a and information regarding LEP obligations, go tghttmffiAmw.leo.gov, AA. Protection of Human Subjects. Sub- recipient shall complyy with the requirements of the Federal regulations at 45 C.F.R. Part 46, which requires that Sub - recipients comply with applicable provision sllaw for the protection of human subjects for purposes of research. Sub- recipient shall comply with the requirements in DHS Managgement Directive 026 -04, Protection of Human Subjects, prior to Implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 C.F.R. Part 46. BB. National Flood Insurance Act of 1968. Sub - recipient shall comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a 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 there uirements of the Uniting and Strengthening America byy Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. § §175 -175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the Act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. DD. Fly America Act of 1974. Sub - recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. government funds requirement, which states preference for the use of U.S, flag air carriers (air carriers holding certificates under 49 U.S.C. 541102) 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. FF. Trafficking Victims Protection Act of 2000. All recipients of financial assistance shall comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106( ?) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, i 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 - DPS/rHSSAA its autWized -to terminate this awafd� wRho -t penalty, if the above condiho`n isv`oigted- Sub- �eci"p-iient shallinclude fns - — — 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 Tifles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C. §§ 12101 - 12213. HH. Public Dissemination of Sensitive Information. Sub - recipient shall notify DPS/THSSAA of any workshops, conferences, seminars or other public venues at least one hundred (100) calendar days before presenting any potentially sensitive information regarding this project. No sensitive information may be presented by Sub - recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review and prior written approval. II. Security ConcernsNiolations. Sub- recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) calendar days of Sub - recipient being made aware of any security concerns with individuals having access to government facilities or sensitive Information. In the event that sensitive information is divulged in violation of Sub - recipient's security procedures, Sub - recipient shall immediately notify the OPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. JJ. Classified Security Condition t. No funding under this award shall be used to support a contract, sub - award, or other agreement for goods or services that will include access to classified national security Information if the award recipient has not been approved for that access to such information. 2. "Classified national security information" as defined in Executive Order (EO) 12958, as amended, means Information that has been determined pursuant to 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 - awardee, or other entity without prior written approval from the OHS Office of Securi Industrial Security Branch Program (ISSP), or an appropriate official within the Federal department or agency with whom the classified effort will be performed. 4. Such contracts, sub - awards, or other agreements shall be processed and administered in accordance with the DHS 'Standard Operation Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008: EO's 12829, 12959, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives or instruction. All security requirement documents are currently located at: hho:IMnvw.d hs / ov/xoon biz/orants/index. shtm . 5. Immediately upon determination by the award recipient that funding under this award will be used to support sub - award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract agreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval Instructions. DHS Office of Security ISPB contact information: Telephone: 202 -447 -5346, Email: DD254Administrr Department of Homeland Security, Office of the Chief Security Officer, ATTN: ASD /Industrial Security Program Br KK. Best Practices for Collection and Use of Personally Identifiable Information (PII).Sub- recipients who collect Personally Identifiable Information (PII) shall have a publically- available privacy policy that describes what PII it collects, how it uses the PII, whether h shares PII with third parties, and how Individuals may have their PII corrected where appropriate. Sub an may also find as a useful resource the DHS Privacy Impact Assessments: htto: //www.dhs.gov /xlibrary /assets /orivacv /orivacv oia auidanceJune2010.odf and htto: //vnvw.dhs.aov /xlibrary /assets /orivacv /orivacv oia temolate.odf . LL. Hotel and Motel Fire Safety Act of 1990. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. §2225(a), Sub - recipient shall ensure Mall conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. MM. False Claims Act and Proaram Fraud Civil Remedies. Sub - recipient shall comply with the requirements of 31 U.S.C. §3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. §3801 -3812 which details the administrative remedies for false claims and statements made. NN. Duplication of Benefits. State, Local and Tribal Sub - recipients shall comply with 2 CFR Part §225, Appendix A, Paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. Other Requirements A. During the a rformance period of this Grant, Sub - recipient, counties, cities, towns, and Indian tribes shall maintain an Emergency Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management 7DEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or partic patine In an inter - jurisdictional emergency management program that meets the required standards. If TDEM Identifies deficiencies in Sub - recipients plan, Sub - recipient shall correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM. 8. Projects identified and approved in the DPS/rHSSAA web -based grant management system must identify and relate to ' 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/rHSSAA and FE MA (if required) for approval prior to expending or requesting advances of any funds for this Grant. Sub - recipient shall enter appropriate project milestones into the DPS/rHSSAA web -based grants management system within 60 days after award or by the deadline established by DPS/THSSAA, whichever is sooner. Sub - recipient shall report on project status and accomplishments (milestones and outputs /outcomes) in the fo mat(s) and timeframes as required by DPS/THSSAA. C. During the performance period of this Grant, Sub - recipient shall 1. Participate in a legally - adopted county and/or regional mutual aid agreement. 2. Implement the National Incident Management System (NIMS) In a manner consistent with the NIMS Implementation Objectives . / outlined by FEMA at rr. Avw .r m -u-r .r - . m. .r n- . :.._ .. - r- 9SEEMEMW egistered user of the Texas Regional Response Network (TRR N) (or other response asset Inventory management system y PS/THSSAA) and shall identify, resource type, and credential all major depp oyable resources such as vehicles and trailers, costing $5,000 or more, and specialized teams /response units equipped and /or trained using grant funds (i.e., hazardous contamination, search and rescue, etc.). This registration Is to ensure jurisdictions or organizations are prepared to make grant urces available to otherjurisdictionsttirough mutual eid. Tema. aov/ emeraencv/ nimslResourceMnamnt.shtm#Item3, D. Regional Planning Commissions /Council of Governments (COGs) shall follow guidelines listed in the DPSrrHSSAA FY2013 COG Statement of Work. Monitoring Sub - recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program - related criteria are met. DPSrrHSSAA, 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- recplent's performance pursuant to this Grant. After each monitoring visit, DPS/rHSSAA shall provide Sub - recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in Sub - recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction of 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. 1328). 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 DPS/THSSAA or its authorized representative to audit Sub - recipient's records. Sub - recipient shall provide any documents, materials or information necessary to facilitate such audit. Sub - recipient's Liability for Disallowed Costs. Sub - recipient understands and agrees that it shall be liable to DPSrrHSSAA for any costs disallowed pursuant to any financial or compliance audrt(s) of these funds. Sub - recipient further understands and agrees that reimbursement to DPS/rHSSAA of such disallowed costs shall be paid by Sub - recipient from funds that were not provided or otherwise made available to Sub - recipient pursuant to this Grant or any other federal contract. Sub - recipient's Facilitation of Audit. Sub - recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as DPSfFHSSAA 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 ads as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Sub - recipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Sub - recipient shall ensure that this clause concerning the State Auditor's Office's authority to audft funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub - recipient relating to this Grant. Retention and Accessibility of Records Retention of Records. Sub - recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB Circular, 44 CFR Section 13.42, UGMS § .42, and this Grant. Sub - recipient shall retain these records and any supporting documentation for a minimum of three (3) years from t rye 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 DPSIrHSSAA 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, DPSrrHSSAA, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Sub - recipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall confinue as long as the records are retained by Sub - recipient. Sub - recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. Inclusion in Subcontracts. Sub - recipient shall include the substance of the Retention of Records and Access to Records section herein in all subcontracts. After Action Reporting. Sub - recipient shall complete, deliver to the appropriate source, and retain copies of all after - action reports and certificates of completion for all training and exercises paid for by this grant Legal Authority Sionatory Authority. Sub - recipient assures and guarantees that Sub- reciplenl possesses the legal authority to enter Into this Grant, receive grant funds and to perform the project Sub - recipient has obligated itself to perform pursuant to this Grant. Authorized Representative. The person or persons signing and ex /e /cyting this Grant oil Sub -r� pient' ;half 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 — Seb= recipient-to all-tenris arnf certdikZSn�anA�serformarc�obl�atitsn . - - - -- -- Conflicts in Reauirements if conflict exists between federal, state, or local requirements, Sub- recipient shall comply with the strictest requirement. Notice of Litigation and Claims Sub - recipient shall give DPS/rHSSAA immediate notice in writing of any action or claim, including any proceedingg 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/rHSSAA copies of all documentation or pleadings received by Sub - recipient with respect to such action or claim. No Liability for Employees and Officers DPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub - recipient, regardless of where the individual's actions or omissions occurred. Non - Waiver of Defaults Any failure of DPS/rHSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to avail itself of same. A waiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its rights, as such rights, powers, privileges, and remedies are specifically preserved. Changes and Amendments Modification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Sub - recipient's acceptance of the changes to the award. Any alteration, addition, or deletion to this Grant by Sub - recipient is not valid. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shall be made through an executed Grant Adjustment Notice (GAN). Authority to Amend. During the period of performance for this Grant, DPS/rHSSAA and /or FEMA may issue policy directives that serve to establish, Interpret or clarify this Grant's performance requirements. Such policy directives shall be promulgated by DPS/rHSSAA or FEMA in the form of Information Bulletins and Sub - recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Sub - recipient as if written in this Grant. Effect of Chances in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws or regulations are automatically incorporated Into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event FEMA or DPS/rHSSAA 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 noted 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. ead'n Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the terms and conditions or be used to interpret or assist in the construction of this Grant. Venue Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. Suspension In the event Sub - recipient fails to comply with any term of this Grant, DPS/rHSSAA may, upon written notification to Sub - recipient, suspend this Grant, in whole or in part, withhold payments to Sub - recipient and prohibit Sub - recipient from incurring additional obligations of this Grant's funds. Termination DPS/THSSAA shall have the right to terminate this Grant, In whole or in part, at any time before the end of the Performance Period, if DPS/THSSAA determines that Sub- recplent 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 Homglaad %aa dly Tavaa Damartment of Public Safety. Vol. — "-17 pg. 2.01 If Sub - recipient materially falls 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, of elsewhere, DPS/THSSAA or DHS may take one or more of the following actions, as appropriate in the circumstances: 1. Tompporarily withhold cash payments pending correction of the deficiency by Sub- recipient or more severe enforcement action by DPS/THSSAA or DHS; 2. Disallow, that is, deny both use of funds and matching credit for, all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate this Grant for Sub - recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. In taking an enforcement action, DPS/rHSSAA will provide Sub - recipient an opportunity for a hearing, appeal, or other administrative proceeding to which Sub - recipient is entitled under any statute or regulation applicable to the action involved. The costs of Sub - recipient resulting from obligations incurred by Sub - recipient during a suspension or after termination of this Grant are not allowable unless DPS/rHSSAA or DHS expressly authorizes them in the notice of suspension or termination or subsequently. Other Sub - recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if 1. The costs result from obligations which were properly incurred by Sub - recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non - cancellable; and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub - recipient from being subject to "Debarment and Suspension" under E.O. 12549. 44 C.F.R. §13.35. Conflict of Interest No employee, officer or agent of Sub - recipient shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is Involved or otherwise creates the appearance of impropriety. Closing of the Grant A. DPS/rHSSAA will close a sub -award after receiving Sub - recipient's final quarterly performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. If the dose out review and reconciliation indicates that Sub - recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Sub - recipient. If Sub - recipient did not use all the funds received, DPS/THSSAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. Sub - recipient will return the funds to the DPSfrHSSAA within 30 days of receiving the GAN. B. At the completion of Sub - recipient's performance period, DPS/rHSSAA will de- obligate all uncommitted / unexpended funds. C. The closeout of this Grant does not affect: 1. DHS or DPS/rHSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Sub - recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Sub - recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print � Name of Authorized Official DA e— ir5 Title C-M r )41A Itj AM_ S tripiont � L I c�, a4 /15 Signature of Authorized Official Date ASSURANCES - NON - CONSTRUCTION PROGRAMS See Standard Form 424B As the duly authorized representative of Sub - recipient, I certify that Sub - recipient 1. Has the leggal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay tha non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, If appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of Interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). A of 1912 (42 U.S.C. § §2 the Civil Rights Act c (i) any other nondisc requirements of any Federal which pi These or 01 at seg.), as amended, relating to the specific statute(s) under which a statute(s) which may apply to the a ,e not limited to: (a) Title VI of the Civil Rights I o igin; (b) Title fX of the Education Part 19), which prohibits discrimination on the which prohibits discrimination on the basis of hich prohibits discrimination on the basis of ig to nondiscrimination on the basis of drug iabiiitation Act of 1970 (P.L. 91 -616), as 3 and 527 of the Public Health Service Act of and drug abuse patient records; (h) Title %All of iaticn in the sale, rental or financing of housing; r Federal assistance is being made; and, (I) the 7. Will comply, or has already complied, with the requirements of Titles 11 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 activitles are funded In whole or In part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for fI derally- 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 control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190 as amended by 42 U.S.C. 431 Order (ED) 11514) which establishes national policy goals and procedures to protect and enhance the environmer against natural disasters. To comply with NEPA for DHS grant- supported activities, DHS -FEMA requires the envir reviewed and evaluated before final action on the applicabon b) notification of violating facilities pursuant to EO 1' wetlands pursuant to ED 11990; (d) evaluation of flood haze s in floodplains in accordance with EO 11988; (e) as consistency with the approved State management program developed under the Coastal Zone Management Act o at seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. § §7401 at seq. and Executive Order 11738) providir and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endai 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1988 (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 11693 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1874 (16 U.S.C. § §469a -1 at seg.). 14. Will comply with P.L. 93 -348, 45 C.F.R. 46, and DHS Management Directive 026 -044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this award. 'Research" "means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for Including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materials. 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 C re and Use of Laboratory Animals and Public Health Service Policy and Government 1 Vol. 0;7-17 Pei a �3 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. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this program. Please fill in the appropriate� fL information and sign to certify this Exhibit A. Print Name of Authorized Official Dv1tiU P&r5 Title S -r iant Ong ization n:'U Signa ure of Authorized Official Date ��/ -- Pn '�—J ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Sub - recipient, I certify that Sub - recipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of project described in this agreement 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounbng system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use cif, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified In Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead -based pain in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b)' IX off 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 line Rehabilitat on 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 -810 which prohibits discrimination on the basis of age; (e) the rug Abuse Office and Treatment Ad of 1972 (P. L. 92 -255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290dd -3 and 290ee 3j, as amended, relating to confident al ty of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Ad of 1968 (42 U.S.C. § §3801 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the specific statues) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P. L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose properrtyty is acquired as a result of Federal and federally - assisted programs. These requirements apply to all interests in real property acquiredfor project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act 40 U.S.C. § §276a to 276x- 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- 33) regarding labor standards for federally - assisted construction sub - agreements. 14. Will comply with flood insurance ppurchase requirements of Section 102(x) 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. WII comply with environmental standards which maybe prescribed pursuant to the following: (a) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) as amended by 42 U.S.C. 4311 at seq, and Executive Order (ED) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters; (b) notification of violating facilities ppursuant to ED 11738; (c) protection of wetlands pursuant to EO11990; (d) evaluation of flood hazards in floodplains in accordance with EO11988; 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.); (t) 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;() 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. 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. 54701. ED 11593 (identification and orotection of historic orcoerttes). and the Archaeoloot I end Historic Preservation Act of .ivl A/7 ��S 1974 (16 U.S.C. § §469a -1 at seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this program. Please fill in the appropriate informatiionl and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official 11a a� CC T S Title C 4 dQn t, SLI re lent Org ¢a i I. VC4_ qc- Slgfiaturd of Authorized Official Date Eoi7,Av�='poLrJ�O 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.cov or www.sam.cov and the State Debarred Vendor List a in of them commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not present)y indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; and 4. Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State, or local) terminated for cause or default; or 5. Where the sub - recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. (Federal Certification) E. The Sub - recipient certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub - recipient may be required to supply documentation certifying that a reduction In non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub - recipient must comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and sub - recipient must require such compliance in any sub - grants or contract at the next tier. G. Drug -free Workplace Act, as amended, 41 U.S.C. §701 et seq. — Requires the recipient to publish a statement about its drug -free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award- supported activities at any site where these activities will be carried out. Also, place(s) where work is being performed under the award (t.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. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A -129 and forth SF -424, item number 17 for additional information and guidance. I. Sub - recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. J. Sub - recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official Title ub -reci 'ent anization pg. Signet o Authorized Officra Date [Vol. � / / � 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 Eof 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 Cade, which prohibits payments to a person who is In arrears on child support payments. S. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility If the Sub- reciptem 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 ado led 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 taw Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub - recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and sub - recipients shall maintain an appropriate contract administration system to Insure that all terms, conditions, and specifications are met (See UGMS Section .36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub - recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These Include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L 88.352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, 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 Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; ( the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91 -616), as amend2, 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 Ri his Act of 1968 (42 U.S.C. § §3801 at seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i13 any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests In real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321 -29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease, or su ervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA)) list of VC lading Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EP 4 Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93.234. Section 102(a) requires the purchase of flood insurance In communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comoty with environmental standards which may be ores gibed oursusird to the followinm fal institution of envionmental niialifv voi 11) IV. control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (ED) 11514; (b) notification of Vi- dialing fadilitres ursuant to-EO' 11738 ; -(c)- protechon- ofwetlarsds Pursuant -to EO- 11990; -(d) evaluation offlood- ttazards-in-tlwdplains -in accordance with EO11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system> 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), ED 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 entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at hftps://www sam.cov /portal /publicISAM/ 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 fill in the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official I iLl P_ 1'9'km Sub reel 'ent O nization f Signature of Authorized Official Date VoI. ��- Pg. [S Op 3 .. LLOYD WASSERMANN ro� Precinct 1 (979) 361 4106 Wassermann @oo.brazos.tx.us BRAZOS COUNTY COMMISSIONERS COURT SAMMY CATALENA E. DUANE PETERS Precinct 2 County Judge (979) 361 -4115 (979) 361 -4102 scatalena@co.brazos.ocus dpeters @co.brezos.tx.us February 24, 2015 Texas Comptroller of Public Accounts Unclaimed Property Division Holder Reporting Section P.O. Box 12019 Austin, TX 78711 -2019 To Whom It May Concern, O. KENNY MALLARD Precinct 3 (979) 361 -4105 kmallard@co.bTazos.t(.us us IRMA CAULEY Precinct 4 (979) 361.4111 icaulay@oo.brazos.tcus As you know, Section 74.602 of the Texas Property Code authorizes the Comptroller to allocate a portion of the unclaimed capital credits received from electric cooperatives back to counties in cooperatives' service areas. Brazos County qualifies for these funds. Therefore, the Brazos County Commissioners Court respectfully requests that our portion of these funds for year 2014 be returned to us. Please mail them to the following address: Duane Peters, County Judge Brazos County Commissioners Court 200 South Texas Ave., Ste. 332 Bryan, TX 77803 Federal Tax ID#74- 6000433 The purpose of these funds is in compliance with the provision of Section 381.004 of Texas Local Government Code. These funds will be used for local economic development programs in Brazos County. If you have any questions, please feel free to contact me at (979) 361 -4102. Thank you in advance for your assistance. me y,u Duane Peters Brazos County Judge Brazos County Administration Bldg. • 200 S. Texas Ave._ _ • Suite 310 • Bryan, Texas 77803 - -_ Vol. �� Pg. 02�� • Fax: (979) 361 -4176 Nrl § ){\ � | « �! �! ] .. kf) / |! t § § § § ( ( })| .! m i 2 | \ \ 2 !! |- }§2 e |) � I§ )i ,'� | k�f fƒ ] )��� § ;! _ ■� ! ) ] .. kf) / |! t § § § § ( ( })| .! m i 2 | \ \ 2 !! |- e |) � \ a j � :B (B ■ ƒ!§ae§ k � \ � N b . - |} - | ) © k © |f � ■ / �� xk\� I } \$ §( =I /{ ' \ k a � / 2 ■ � [ ■ \ \ � \ \ /� ¢ !\ § � k� }) r � ;B (� ■ § @\ !leas§ § r. �// P. �/� 0 �e ed i 9 � CJO D � • �wQ m N O N 8 oO N M O O O °o O °M N 0 0 W � ' °o, a G F e ga N pM O mI_ FW4 z S {O N W N N O Fe M nl IU Z M m $ °ate a� F oNW O u u W F e Q a" •' C m 4 9 � CJO D � • �wQ m N O N 8 oO N M O O O °o O °M N 0 0 o e °o, a ga 8 pM O mI_ N O O N N O VOl M nl O O r b e N s b N O ga U o'i w mI_ y� a$cw8t -•8� �' m • 7 Y 5 m O LL T M M O a a z Vol. ___�l % Pg. �/� F .. 0 � e a a p gv Q O A � � �ma 0 0 x o e n n 0 0 � N 0 N E3 N N V Ud<J N O Q ri m � n r 100y�0 v g die t, FFG•� g c7� ' F b N h �^,� �azzG V �r 0 O Kw 8 e Z UP a 3 = w 00.9W u u •� Y u W Wd c4 a° '5 Q O A � � �ma 0 0 x o e n n 0 0 � N 0 N E3 N N O p p O 00 Q ri m � n r Lea N p O p O g ' b N h W O a 0 0 0 °m a 0 0 0 0 00. °a b 0 O Q li 4 s, 8 s b n h Ic d O CL N WPW �i w Z Vol. 62l;I ni L S e Lea ' W�W 1pF�C Kw Z Ic d O CL N WPW �i w Z Vol. 62l;I Brazos County TWPWO RftWM 1.2MYM12 Job Description Last Updated: 02/18/15 Class Number: 1108 Title: Buyer 11 Pay Group: 17 Department: Purchasing FLSA Status: Exempt Reports To: Purchasing Agent Approved Date: EEOC Category: Office and Clerical FGeneral Summary:- - - - Processes purchase orders and requisitions; research, analyze value and procure products and services; maintains up to date records of outstanding purchase orders and payments made, including reconciling accounts; and serves as liaison to other departments regarding the purchase, receipt, payment and satisfaction of products and services. - — -- - ----_---------- - 6 ential Duties: Assist with various tasks amso-dated 46-pre-pa—ri nij-6-0-s—ped—flcaflons; this includes requirements gathering, writing and editing of the specifications and terms and conditions, advertising, preparing lists of vendors from whom bids are solicited, sending and receiving bids, evaluating bid value and references, and making recommendations for award; Processes purchase orders, including requirements gathering, obtaining price quotations, coordinating terms with the requesting department(s), verifying departmental budget availability, communicating with vendors, and preparing and distributing the purchase orders and oversight of payments made; Responds to departmental requests regarding county purchases, including answering questions, preparing expenditure reports, and advising different departments regarding their outstanding purchase orders, oversight and approval of requisitions, verification of account accuracy; Prepares purchases from state contracts, Including communicating with the State Comptroller's office and/or Cooperative Purchasing office, verification of contract term and condition accuracy and compliance with contract terms. Manages product inventory, including monitoring inventory levels through the computer and reordering supplies as needed; Manages fuel inventory, Including monitoring county fuel usage and prepares monthly usage reports, issues and monitors fuel system access to county employees, replaces replacement access for vehicles and equipment, coordinates for repair of system and maintains environmental compliance of fuel system. Maintains and files application for equipment and vehicle titles and license plates at purchase and annually as required, for county-owned equipment and vehicles; Maintains flies of all equipment and vehicle titles including the filing of lost title for abandoned, seized, etc. vehicles that become property of the County. Creates reports, learn processes, researches, analyzes and reports on trends with available data to increase efficiency; Serves as liaison to accounts payable, providing up to date information on outstanding purchase orders and whether or not payment has been made; Provides departments with advice concerning equipment and service specifications, ensuring items purchased meet requirements; Ensures vendors remain in compliance on standing contracts and mediates between the County and vendors in disputes; Maintains up to date knowledge of laws and market trends that affect purchasing and accounting; and assists outside auditors when necessary. Supervises the expenditure of capital funds including quotes or bids, confirming budget, contracting, vendor delivery, department satisfaction, payment and final document delivery. Write, interpret, edit and enforce policies pertaining to Purchasing and related duties. Other Duties as assigned. Lupervislon Received: — -------------- – ------ Supervision is provided daily but this position requires the ability to manage workload to efficiently accomplish all task provided in an organized fashion. Given: -------- - -- . . This is a non-superdsory position. ...... ...... ..... — ------- . .. ... . ... .......... _ — --------- - -- Education Required: 3O'lhours of college course _c re­di too or - H 6 ivschool ­ graduate -M—h prior purchasing a xp a r I en ce o- r any a q u I va I e n t combination of education and experience which provides the required knowledge, skills, and abilities. Continuing education Is required throughout the course of employment In the field of Purchasing and related Preferred: skills. Experience _ Required: To perform this job successfully. an Individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. F Preferred: Certificates, Licenses, m !e_al�stTt_iorLs_ Requ_Tj�d.None.- jjre ------- '9 / /,7 Vol. 6�4_/ pg. P�cal Demands Typical: The physcaldemands described here ere representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit for extended periods of time; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 50 pounds, such as reports, stacks of records, equipment, furniture, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. —._..- Knowledge, Skills, & Abilities Personal computers; business and government accounting principles; lavis, policies, and procedures affecting Typical: county government purchasing and solicitation of bids; and standard office practices and procedures. Use computer applications such as spreadsheets, word processors, and databases; read, analyze, and interpret various financial data, policies, and procedures; balance accounts; maintain accurate records of purchase orders and requisitions, as well as payments made and goods or services received; compile, analyze, and evaluate bid solicitation Information and sealed bids; communicate effectively, both orally and in writing; and establish and maintain effective working relationships with county employees, vendors, and the general public. Must be able to work on multiple tasks simultaneously with firm deadlines. This position requires the ability to maintain a high degree of confidentiality. Must possess the ability to remain firm but friendly and professional under stress. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the essential duties of this job, the employee is constantly required to work closely with others as part of a team, and must frequently work under time pressures to meet deadlines, perform multiple tasks simultaneously, and perform tedious and exacting work. The noise level in the work environment is usually moderate. P Duane Peters Date County Judge Vol. 01-/% Ti. ~M� r I � 0 \VlA OF eF Brazos County Job Description Last Updated: February 2015 TOmpIN ROW" 1.2 OBMVA12 Class Number: I I Title: Resource Specialist I Pay Group: 17 Department: Fleet Maintenance Dept. FLSA Status: Non Exempt Reports To: Fleet Manager Approved Date: 0212442015 1 EEOC Category: I.Administrative Support General Summa !y: Performs general resource support or basic accounting - related activities. Work Includes basic accounting/bookkeeping, budget support, purchasing, data entry in support of accounts payable, travel expenses, basic contract review and preparation and processing and other related activities. Work is generally performed in or In support of the department's primary administrative unlL Work requires contact with other County departments and county contractorsivendors. Employees at this level follow standard practices that do not require frequent supervision of details. Essential Duties: Processes or audits various vouchers, Invoices or contracted services; prepares written correspondence, reports; maintains files, logs, activity books, tables, coding manuals, or automated databases with accounting processes and activities; Coordinates the approval and submission of purchase orders for parts, tires, bulk oil, and the sublet repairs of fleet vehicles; Maintains a database of County Fleet Maintenance Department expenditures;, Maintains purchase orders, invoices, and other documents related to departmental expenditures; Reconciles purchase orders with vendor invoices and payments; Assists County Fleet Manager with monitoring of the departmental budget; Schedule regular maintenance and repairs of vehicles with other county. departments; Maintains an inventory of vehicles, equipment, parts, bulk oil and tires; Maintains data on annual vehicle maintenance service schedule; Co- ordinates sublet repairs with outside vendors; Generates monthly reports on the computer; Issues work orders for regular maintenance and repairs of county vehicles; Types letters, reports, forms, memos, and other documents; Answers telephone, including answering questions and taking messages; Sorts and distributes departmental mail; Manage time keeping system for employees payroll; Assists with communication with Commissioner's Court, Purchasing, Auditors Office, Budget Office and other departments as requested. Other Duties as assigned. 1 Supervision Received: From Fleet Manager Given: This Is a lead worker position. Ability to lead other office staff with little or no supervision. However, may assign and review work of part-time staff. Education Required: Bachelors Degree in accounting, business administration, management or a financially related field plus one (1) year experience in accounting, bookkeeping, payroll processing, auditing, purchasing, contract processing, statistics or other accounting related areas. Additional experience in accounting, bookkeeping, payroll processing, auditing, purchasing, contract processing, statistics or other accounting related areas may be substituted for education on a year per year basis. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essenfial duty satisfactorily. The requirements listed below are representative of the knowledge, skill, andlor ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: CerMicates, Licenses, ,RegWmt1ons Required: None. Preferred: Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and anus; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision and ability to adjust focus. Knowledge, Skills, & Abilities TyplCdl' Thorough knowledge of generally accepted accounting principles, procedures and terminology; thorough knowledge of bookkeeping practices and procedures; considerable knowledge of applicable mainframe systems and applications; considerable knowledge of purchasing methods and procedures; working knowledge of contract management policies and procedures; proficient skill in maintaining effective working relationships with others; proficient skills in preparing and maintaining records, files and reports; proficient skill in the responsibilities associated with administrative practices and procedures to include writing, editing, and report writing techniques, recording meeting notes, record keeping and record management. Maintain Texas driver's ' license applicable to job responsibilities. Work Environment Typleal: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is frequently required to work closely with others as a part of a team, to perform tedious and exacting work, to perform multiple tasks simultaneously, to switch from one task to another, and to work under time pressures to meet deadlines. ROVED /S Duane Peters Date County Judge Vol. /7 pg. 02-`9 s• q rir Class Number: Pay Group: FLSA Status: Approved Date: Position End Date: Brazos County Job Description Last Updated: September 2014 1 Tempiffie RevidW 12 OW1S 12 6108 Title: Clerk/Scanner Temp . 10 Department:. Records Management Non- Exempt 'Reports To: Records Manager. 10/01/2014 EEOC Category: Office and Clerical 09/30/2015 Temporary Employee $lgnature General Summary: Convert hard copy documents into electronic images via a scan process including all peripheral support and obligations. Essential Duties: • Prepare and scan hard copy documents. -• Audit and track production. - • Complete special projects as assigned to facilitate the management of county records. • Move boxes from 35 to-50 pounds. • Fully experienced in computer applications. • Other duties as assigned. Under direct supervision, this position is responsible for accurately scanning a high volume of pages to convert printed material Into digital images. • Responsible for transferring of paper records to an electronic version: • Prepares the paper records for scanning by removing all staples, paperclips, and non.scanable items. • Operates the electronic scanning:equipment to produce computerized images of the original. Set scanner parameters as identified.for each job to ensure accurate handling per client specifications. Audit completed process,for accuracy; • Document production activity as required. • Responsible for the timellness,. completeness, consistency; accuracy; and security of the documents. - • Will maintain the confidentiality of each client by adhering to all State and Federal confidentiality, laws as 'well as protect the confidentiality of client information In accordance with company policies and legal requirements. • Communicate with direct report and team members to insure accuracy and completeness of all responsibilities. • Assist other team members with document preparation and all other duties as assigned by supervisor. • Train internal clients on scanner usage. - • Special projects to facilitate the management of county records. Supervision Education Received: From Records Management Director Given: WA Required: High School diploma or GED Preferred: Experience Required: One -year experience working in an office team environment. One -year general computer experience. Vol._ Ng. Preferred: Typical: Indoor climate controlled. Professional atmosphere requiring corresponding attire and attitude. Certificates, Licenses, Registrations Occasional activity in non - climate controlled warehouse/storage environment containing levels of dust Required: None Preferred: physical Demands Typical: Ability to move around, sit for up to eight hours, and perform repetitive motion as re. quired by Job needs. Ability to lift and carry 35 to 50 pounds. Knowledge, Skills, & Abilities Typical: Work Environment Typical: Indoor climate controlled. Professional atmosphere requiring corresponding attire and attitude. Occasional activity in non - climate controlled warehouse/storage environment containing levels of dust and possible allergens. aR7 a� l� Duane Peters Date County Judge Vol. pg. 0 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE I " ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL. SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. HEP 68 213 PU PAID UP OIL AND GAS LEASE THIS AGREEMENT made this 17 day of February, 2015, between BRAZOS COUNTY, as Lessor (whether one or more), whose address is: 200 South Texas Ave Suite 352, Bryan, Texas and HALCON ENERGY PROPERTIES, INC., as Lessee, whose address is 1000 Louisiana St., Suite 6700, Houston, TX. 77002, WITNESSETH: 1. Lessor in consideration of Ten and No/100 Dollars ($10.00), in hand paid, of the royalties herein provided, and of the agreements of Lessee herein contained, hereby grants, leases and lets exclusively unto Lessee for the purpose of investigating, exploring, prospecting, drilling and mining for and producing oil, gas and all other minerals, conducting exploration, geologic and geophysical surveys by seismograph, core test, gravity and magnetic methods, injecting gas, water and other fluids, and air into subsurface strata, laying pipe lines, building roads, tanks, power stations, telephone lines and other structures thereon and on, over and across lands owned or claimed by Lessor adjacent and contiguous thereto, to produce, save, take care of, treat, transport and own said products, and housing its employees, the following described land in Brazos County, Texas, to-wit: TRACT ONE: 3.934 acre lot, tract or parcel of land, more or less, situated in the Crawford Burnett Survey, Abstract No. 7, and being all of that certain called 3.25 acre tract. as occupied, described in deed from Missouri Pacific Railroad Company to David W. Fleming, recorded in Volume 270, Page 73, Deed Records of Brazos County, Texas, and part of drat certain called 1.55 acre tract described In deed from Missouri Pacific Railroad Company to Consolidated Eleven, Inc., recorded in Volume 270, Page 29, of the Deed Records of Brazos County, Texas, and also described in deed from Consolidated Eleven, Inc., to D. R. Cain Construction Company recorded in Volume 280, Page 290, Deed Records of Brazos County, Texas. TRACT TWO: 0.926 of one acre lot, tract or parcel of land, situated in tile Crawford Burnett Survey, Abstract No.7, and being out of and a part of that certain called 1.55 acre tract referred to and designated as Tract Two (called 1.95 acres) and described In deed to Albert P. Ribisi, et ux, recorded in Volume 1169. Page 506, of the Officiall Records of Brazos County, Texas., said 1.55 acre tract being the same tract referred to in said Tract Two, above, as Tract Twelve, Parcel 3, In deed to Southwest Savings Association as described in deed recorded In Volume 1064, Page 788, of the Official Records of Brazos County, Texas, (referenced as same property as D. R. Cain Construction Company called 1.55 acre tract as described in deed recorded in Volume 280, Page 290, Deed Records of Brazos County, Texas) and also being tile same property as described in deed from Missouri Pacific Railroad Company to Consolidated Eleven, Inc., recorded In Volume 270, Page 29, of the Deed Records of Brazos County, Texas, and being tile same land more particularly described in that certain Deed dated June 20th, 2003. between Deliah Culberson Fleming, a single woman, as Grantor. and Brazos County. Texas as Grantee, recorded in Volume 5452, Page 288, of the Official Records of Brazos County, Texas. This lease also covers and includes, in addition to that above described, all land, if any, contiguous or adjacent to or adjoining the land above described and (a) owned or claimed by lessor by limitation, prescription, possession, reversion or unrecorded instrument or (b) as to which lessor has a preference right of acquisition. Lessor agrees to execute any supplemental instrument requested by lessee for a more complete or accurate description of said land. For the purpose of determining the amount of any lease bonus and shut -in royalty payments hereunder, said land shall be deemed to contain 6.896 acres, whether actually containing more or less. Lessor accepts the bonus as a lump sum consideration for this lease and all rights and options hereunder. 2. This is a paid up lease and subject to the other provisions herein contained, this lease shall be for a term of ONE (1) year from this date (called "primary term ") and as long thereafter as oil, gas or other mineral is produced from said land or land with which. said land is pooled thereunder. 3. As royalty, lessee covenants and agrees: (a) To deliver to the credit of lessor, in the pipe line to which lessee may connect its wells, the equal one - fourth(1/4) part of all oil produced and saved by lessee from said land, or from time to time, at the option of lessee, to pay lessor the average posted market price of such ono-fourth(1 /4) part of such oil at the wells as of the day it is run to the pipe line or storage tanks, lessor's interest, in either case, to bear one- fourth(1 /4) of the cost of treating oil to render it marketable pipe line oil; (b) to pay lessor for gas and casinghead gas produced from said land (1) when sold by lessee, one-fourth(1 /4) of the amount realized by lessee, computed at the mouth of the well, or (2) when used by lessee off said land or in the manufacture of gasoline or other products, one•fourth(1 /4) of the amount realized from the sale of gasoline or other products extracted therefrom and one- fourth(1/4) of the amount realized from the sale of residue gas after deducting the amount used for plant fuel and, or compression; (c) To pay lessor on all other minerals mined and marketed or utilized by lessee from said land, one-fourth(1 /4) either in kind or value at the well or mine at lessee's election, except that on sulphur mined and marketed the royalty shall be Two dollars and 50/100 ($2.50) per long ton. If, at the expiration of the primary term or at any time or times thereafter, there is any well on said land or on lands with which said land or any portion thereof has been pooled, capable of producing oil or gas, and all such wells are shut -in, this lease shall, nevertheless, continue in force as though operations were being conducted on said land for so long as said wells are shut -in, and thereafter this lease may be continued in force as if no shut -in had occurred. Lessee covenants and agrees to use reasonable diligence to produce, utilize, or market the minerals capable of being produced from said wells, but in the exercise of such diligence, lessee shall ownerships thereof, as lessee may elect. Any payment hereunder may be made by check or draft of lessee deposited in the mail or delivered to the party entitled to receive payment or to a depository bank provided for above on or before the last date for payment. Nothing herein shall impair lessee's right to release as provided in paragraph 5 hereof. In the event of assignment of this lease in whole or in part, liability for payment hereunder shall rest exclusively on the then owners of this lease, severally as to acreage owned by each. 4. Lessee, at its option, is hereby given the right and power to pool or combine the acreage covered by this lease or any portion thereof as to oil and gas, or either of them, with any other land covered by this lease, and/or with any other land, lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated, when in lessee's judgment it is necessary or advisable to do so in order properly to explore, or to develop and operate said leased premises in compliance with the spacing rules of the Railroad Commission of Texas, or other lawful authority, or when to do so would, in the judgment of Lessee, promote the conservation of oil and gas in and under and that may be produced from said premises. Units pooled for oil hereunder shall not substantially exceed 80 acres each in area, and units pooled for gas hereunder shall not substantially exceed in area 640 acres each plus a tolerance of ten percent (10%) thereof, provided that should governmental authority having jurisdiction prescribe or permit the creation of units larger than those specified, for the drilling or operation of a well at a regular location or for obtaining maximum allowable from any well to be drilled, drilling or already drilled, units thereafter created may conform substantially in size with those prescribed or permitted by governmental regulations. Lessee under the provisions hereof may pool or combine acreage covered by this lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata. The units formed by pooling as to any stratum or strata need not conform in size or area with the unit or units into which the lease is pooled or combined as to any other stratum or strata, and oil units need not conform as to area with gas units. The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this lease or portions thereof into other units. Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing and designating the pooled acreage as a pooled unit; and upon such recordation the unit shall be effective as to all parties hereto, their heirs, successors, and assigns, irrespective of whether or not the unit is likewise effective as to all other owners of surface, mineral, royalty or other rights in land included in such unit. Lessee may at its election exercise its pooling option before or after commencing operations for or completing an oil or gas well on the leased premises, and the pooled unit may include, but it is not required to include, land or leases upon which a well capable of producing oil or gas in paying quantities has theretofore been completed or upon which operations for the drilling of a well for oil or gas have theretofore been commenced. In the event of operations for drilling on or production of oil or gas from any part of a pooled unit which includes all or a portion of the land covered by this lease, regardless of whether such operations for drilling were commenced or such production was secured before or after the execution of this instrument or the instrument designating the pooled unit, such operations shall be considered as operations for drilling on or production of oil or gas from land covered by this lease whether or not the well or wells be located on the premises covered by this lease and in such event operations for drilling shall be deemed to have been commenced on said land within the meaning of paragraph 5 of this lease; and the entire acreage constituting such unit or units, as to oil and gas, or either of them, as herein provided, shall be treated for all purposes, except the payment of royalties on production from the pooled unit, as if the same were included in this lease. For the purpose of computing the royalties to which owners of royalties and payments out of production and each of them shall be entitled on production of oil and gas, or either of them, from the pooled unit, there shall be allocated to the land covered by this lease and included in said unit (or to each separate tract within the unit if this lease covers separate tracts within the unit) a pro rata portion of the oil and gas, or either of them, produced from the pooled unit after deducting that used for operations on the pooled unit. Such allocation shall be on an acreage basis -that is to say, there shall be allocated to the acreage covered by this lease and included in the pooled unit (or to each separate tract within the unit if this lease covers separate tracts within the unit) that pro rata portion of the oil and gas, or either of them, produced from the pooled unit which the number of surface acres covered by this lease (or in each such separate tract) and included in the pooled unit bears to the total number of surface acres included in the pooled unit. Royalties hereunder shall be computed on the portion of such production, whether it be oil and gas or either of them, so allocated to the land covered by this lease and included in the unit just as though such production were from such land. The production from an oil well will be considered as production from the lease or oil pooled unit from which it is producing and not as production from a gas pooled unit; and production from a gas well will be considered as production from the lease or gas pooled unit from which it is producing and not from an oil pooled unit. The formation of any unit hereunder shall not have the effect of changing the ownership of any shut -in production royalty which may become payable under this lease. If this lease now or hereafter covers separate tracts, no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as above provided. As used in this paragraph 4, the words "separate tract" mean any tract with royalty ownership differing, now or hereafter, either as to parties or amounts, from that as to any other part of the leased premises. 5. If at the expiration of the primary term, oil, gas, or other mineral is not being produced on said land, or from land pooled therewith, but Lessee is then engaged in drilling or reworking operations thereon, or shall have completed a dry hole thereon within 90 days prior to the end of the primary term, the lease shall remain in force so long as operations on said well or for drilling or reworking of any additional well are prosecuted with no cessation of more than 180 consecutive days, and if they result in the production of oil, gas or other mineral, so long thereafter as oil, gas, or other mineral is produced from said land, or from land pooled therewith. If, after the expiration of the primary term of this lease and after oil, gas, or other mineral is produced from said land, or from land pooled therewith, the production thereof should cease from any cause, this lease shall not terminate if lessee commences operations for drilling or reworking within 180 days after the cessation of such production, but shall remain in force and effect so long as such operations are prosecuted with no cessation of more than 180 consecutive days, and if they result in the production of oil, gas, or other mineral, so long thereafter as oil, gas, or other mineral is produced from said land, or from land pooled therewith. Any pooled unit designated by Lessee in accordance with the terms hereof, may be dissolved by Lessee by instrument filed for record in the appropriate records of the county in which the leased premises are situated at any time after the completion of a dry hole or the cessation of production on said unit. Lessee may at any time execute and deliver to Lessor or place of record a release or releases covering any portion or portions of the above described premises and thereby surrenderthis lease . as to such portion or portions and be relieved of all obligations as to the acreage surrendered. Vol. mil% Pg. or more parties become entitled to royalty hereunder, Lessee may withheld payment thereof unless and until furnished with a recordable instrument executed by all such parties designating an agent to receive payment for all. 8. The breach by Lessee of any obligation arising hereunder shall not work a forfeiture or termination of this lease nor cause a termination or reversion of the estate created hereby nor be grounds for cancellation hereof in whole or in part. No obligation reasonably to develop the leased premises shall arise during the primary term. Should oil, gas or other mineral in paying quantities be discovered on said premises, then after the expiration of the primary term, Lessee shall develop the acreage retained hereunder as a reasonably prudent operator, but in discharging this obligation it shall in no event be required to drill more than one well per forty (40) acres of the area retained hereunder and capable of producing oil in paying quantities and one well per 640 acres plus an acreage tolerance not to exceed 10% of 640 acres of the area retained hereunder and capable of producing gas or other mineral in paying quantities. If after the expiration of the primary term, Lessor considers that operations are not at any time being conducted in compliance with this lease, Lessor shall notify Lessee in writing of the facts relied upon as constituting a breach hereof, and Lessee, if in default, shall have sixty days after receipt of such notice in which to commence the compliance with the obligations imposed by virtue of this instrument. 9. Lessor hereby warrants and agrees to defend the title to said land and agrees that Lessee at its option may discharge any tax, mortgage or other lien upon said land, either in whole or in part, and in event Lessee does so, it shall be subrogated to such lien with right to enforce same and apply royalties accruing hereunder toward satisfying same. Without impairment of Lessee's rights under the warranty in event of failure of title, it is agreed that if this lease covers a less interest in the oil, gas, sulphur, or other minerals in all or any part of said land than the entire and undivided fee simple estate (whether Lessor's interest is herein specified or not), or no interest therein, then the royalties, and other monies accruing from any part as to which this lease covers less than such full interest, shall be paid only in the proportion which the interest therein, if any, covered by this lease, bears to the whole and undivided fee simple estate therein. All royalty interest covered by this lease (whether or not owned by Lessor) shall be paid out of the royalty herein provided. Should any one or more of the parties named above as Lessors fail to execute this lease, it shall nevertheless be binding upon the party or parties executing the same. 10. Should Lessee be prevented from complying with any express or implied covenant of this lease, from conducting drilling or reworking operations thereon or from producing oil or gas therefrom by reason of scarcity of or inability to obtain or to use equipment or material, or by operation of force majeure, and Federal or state law or any order, rule or regulation of governmental authority, then while so prevented, Lessee's obligation to comply with such covenant shall be suspended, and Lessee shall not be liable in damages for failure to comply therewith; and this lease shall he extended while and so long as Lessee is prevented by any such cause from conducting drilling or reworking operations on or from producing oil or gas from the lease premises; and the time while Lessee is so prevented shall not be counted against Lessee, anything in this lease to the contrary notwithstanding. IN WITNESS WHEREOF, this instrument is executed to be effective on the date first above written STATE OF TEXAS LESSEE Halcon Et • ro rti ne. �1 By: 1 ry� Name:s a Title: �ti64�6r� COUNTY OF BRAZOS § �S INSTR T was acknowledged before me on the )T day of February, 2015, by evt. W��ra BONNIE KRISTEN JACKSON r r/1 i/An y y Notary Public Slate of texas u VY My Commission Expires plat Public fate of Texas Apfil 01. 2017 Y STATE OF TEXAS COUNTY OF BRAZOS § INS NT was acknowledged before me on the S y of February, 2015, by one �rs EXHIBIT A ADDENDUM NOTWITHSTANDING ANYTHING TO THE CONTRARY in the foregoing Oil, Gas and Mineral Lease dated February 17, 2015, by and between BRAZOS COUNTY (whether one or more), as Lessor, and Halc6n Energy Properties, Inc., as Lessee, covering 6.896 acres, more or less, situated in Brazos County, Texas, the following terms and conditions prevail and control: Lessee will convey no surface rights to Lessee as a result of this lease. Lessor may not enter Leased premises nor place any structures, pipelines, tanks, pumping equipment or roads upon leased premises. The Lessee cannot assign the Lease or the operations of a well without prior notice to the Lessor. Depth Severance (Horizontal Severance Clause): At the expiration of the primary term, this lease shall terminate as to all non - producing formations, specifically as to all depths above and below any formation then in production. Further, upon the expiration of the primary term of this lease, if any of the leased premises are not then included in a pooled unit or proration unit and producing oil and I or gas in commercial paying quantities, this lease shall terminate as to the entirety of the leased premises and all depths underlying same. Pooling: Notwithstanding anything to contrary contained herein, Lessee agrees that if the leased premises is pooled or unitized in any way with lands not described in this lease or governed by this lease, then no less than one hundred percent (100 %) of the leased premises shall be included in any such pooled unit. In addition to the foregoing only production in commercial paying quantities from any such pooled unit or units will maintain this lease in effect only as to the lands and formations included in such unit or units, notwithstanding the fact that such production may exist on the Leased premises; and this lease may be maintained in force as to the remainder of the Leased premises, if at all, by some other manner specified herein. Notwithstanding anything to the contrary in this provision, the Lessee agrees that the leased premises shall be pooled into one unit and one unit only, with no more than two (2) wells being drilled per unit. Warranty: Lessor grants no warranty of title by virtue of this Lease. The Lessee accepts the Lease without any express or implied warranties of title from the Lessor. Any failure in title shall not merit a return ofany consideration including bonuses or royalties tendered to the Lessor. Surface Operations: (a) Lessee will not enter nor go upon leased premises. It is agreed that any suits at law will be initiated in the court of proper jurisdiction of the State of Texas in Brazos County, Texas; appeals to the Appellate Court of the State of Texas and that the law of Texas will control in construing this lease. Both parties relinquish and waive the jurisdiction of the courts of the United States and right of removal thereto except as to appeals from the highest appeals from the highest Appellate Court in Texas to the United States Supreme Court. Should the Lessor prevail in any litigation, in enforcement of this lease, Lessor will be entitled to reasonable attorney's fees and prejudgment interest. The Lessee shall indemnify and hold Lessor harmless from any liability incurred as a result of Lessee's operations hereunder, including but not limited to, all drilling, completion and production activities. Remainder of this page intentionally left blank Vol. pg � Signed for identification on the date indicated below by each individual dealing with his or her separate property. LESSOR Brazos County n By: Q) ---� Name: i -mane rC°i' Title: C0664, _,,(.icf q- -Date: O'' 15- LESSEE HALCON ENERGY PROPERTIES, INC., By: Name: (Ai, I glut Title: ILG � Z 6 Date: Vol. REVOCABLE LICENSE AGREEMENT BETWEEN BRAZOS COUNTY AND CENTRAL PRODUCTIONS LLC THIS revocable License Agreement (the "Agreement') is made and entered into by and between Brazos County hereinafter referred to as OWNER, and CENTRAL PRODUCTIONS LLC, hereinafter referred to as LICENSEE, ( "OWNER" and "LICENSEE" shall collectively be referred to herein as the "PARTIES "). WITNESSETH WHEREAS, OWNER owns certain real property as described and/or depicted in Exhibit "A" which is attached hereto and made a part of this Agreement (the "Property") and LICENSEE desires to use an area within the Property (the "Premises ") for the Permitted Use; and WHEREAS, LICENSEE desires short-term, revocable, non - exclusive use of the Premises solely for the purpose as stipulated in Exhibit "B" (the "Permitted Use ") which is attached hereto and made a part of this Agreement; and In consideration of the foregoing recitals and other valuable consideration the PARTIES agree as follows: I. TERM This Agreement shall be effective 2/25/15 to 3/1/15 for a period not to exceed 30 days, unless terminated earlier, pursuant to the terms of this Agreement. II. SCOPE Upon execution of this Agreement, OWNER shall make the Premises available to LICENSEE for the Permitted Use as follows: 1. OWNER shall allow LICENSEE access to the Premises for the Permitted Use. 2. LICENSEE shall use the Premises for only the Permitted Use and none other. 3. Unauthorized use of Premises or the Property by the LICENSEE may be considered by OWNER to be sufficient cause for the immediate termination of the Agreement. Failure by LICENSEE to comply with specific requirements of this Agreement will constitute an event of default and will be sufficient cause for termination of the Agreement. LICENSEE, at its sole cost and expense, shall be responsible to comply with all laws, ordinances, orders, rules and regulations of any governmental authority whether now 1of10 .,,._ - 6�— / �1_ s y. 02 6 13 or hereafter in effect associated with LICENSEE'S use of the Premises and which are provided to LICENSEE by OWNER in advance in writing. LICENSEE shall comply with any and all security procedures of which LICENSEE is made aware by OWNER and background checks as may be required by OWNER. LICENSEE, at its sole cost and expense, shall return the Premises in a clean, safe and usable condition at all times. LICENSEE shall leave said Property in substantially as good condition as when LICENSEE enters said Property, excepting reasonable wear and tear of the Property for the purposes permitted herein; and LICENSEE shall have the right to remove all of its sets, structures and other material and equipment from said property. 4. LICENSEE shall pay OWNER for all reasonable, actual, direct, verifiable overtime pay for all County employees necessary to ensure the security of the Premises during the taping of the Program. III. ENTRY AND INSPECTION OWNER shall have the right at all times, but shall not be required to enter onto and inspect the Premises. OWNER will notify LICENSEE of any unsatisfactory condition. LICENSEE shall take immediate action to correct such condition(s) at LICENSEE'S expense. Any failure of LICENSEE to immediately remedy an unsatisfactory condition after receiving notice from OWNER shall constitute an event of default and will be sufficient cause for termination of this Agreement. LICENSEE'S officers, agents, employees and guests shall be subject to search of their persons, belongings and equipment each time the individuals enter the Premises. Every individual requesting access to the Premises may be photographed, fingerprinted, and subject to a Crime Information Center/National Crime Information Center CIC/NCIC check. OWNER may revoke any individual's access to the Premises for failure to observe jail rules and regulations, and engaging in behaviors which threaten the safety or security of the jail. IV. REPRESENTATIONS /WARRANTIES/INDEMNIFICATION OWNER represents and warrants that (i) OWNER is the sole owner (or sole agent for the owner) of, and has the sole right to, the Premises and is authorized to grant all rights to the Premises set forth herein and to enter into this Agreement; (ii) the consent or permission of no other person or entity is necessary for OWNER to enter into this Agreement; (iii) the Premises is fit for habitability and/or occupancy and has passed all applicable inspection requirements; and (iv) OWNER shall take no action, nor allow or authorize any third parry to take any action which might interfere with LICENSEE'S authorized use of the Premises. To the fullest extent permitted by law, and except for the negligence or willful misconduct of OWNER, LICENSEE shall defend, hold harmless and indemnify OWNER and all of its officers, employees, agents, and volunteers from and against any and all damages, claims, losses, liabilities, actions or expenses (including, but not limited to reasonable outside 2of10 Vol. oZ pg.-2 02 7 attorneys' fees, expert witness fees, court costs, and costs of appellate proceedings) (collectively "Claims ") incurred by OWNER as a direct result of any damage to the Premises and property located thereon or personal injury occurring on the Premises directly caused by LICENSEE'S negligence in connection with its use of the Premises; provided, that OWNER first submit to LICENSEE in writing, no later than five (5) days after the Term, and after completion of any additional use by LICENSEE of the Property, a detailed listing of all property damages or personal injuries for which OWNER claims LICENSEE is responsible, and OWNER shall permit LICENSEE'S representative to inspect the property so damaged. OWNER shall indemnify and hold LICENSEE and LICENSEE'S successors, assignees and licensees harmless for any breach or alleged breach of its representations and warranties as set forth herein. OWNER'S sole remedy in the event of a dispute hereunder shall be an action at law for damages. V. OWNERSHIP OF EQUIPMENT OWNER and LICENSEE acknowledge that all equipment and improvements of LICENSEE shall be deemed personal property of LICENSEE. It is expressly understood and agreed that LICENSEE retains title to all personal property LICENSEE brings onto the Premises. OWNER shall not be responsible for any damage to any personal property of LICENSEE, unless such damage is the result of OWNER'S negligence or willful misconduct or OWNER'S breach of its representations or warranties as set forth herein. VI. AGREEMENT AS LICENSE The Parties intend and mutually agree that this Agreement shall be construed as a mere license by OWNER to LICENSEE to operate within the Premises. This Agreement shall not be construed as a lease, sublease, rental agreement or easement. It is understood and mutually agreed that LICENSEE has no interest whatsoever in the Premises or the Property. VII. NO PARTNERSHIP OR JOINT VENTURE Nothing contained in this Agreement shall create any partnership, joint venture or other arrangement between OWNER and LICENSEE. Except as expressly provided herein, no term or provision of this Agreement is intended or shall be for the benefit of any person or entity not a party hereto, and no such other person or entity shall have any right or cause of action hereunder. VIII. APPLICABLE LAW: The terms of this Agreement shall be construed in accordance with the laws of the State of Texas and any action thereon shall be brought in the appropriate court located in Brazos County Texas. IX. TERMINATION: This Agreement may be terminated by either LICENSEE or OWNER, with or without cause, upon immediate written notice to the non - terminating party. This Agreement shall 3of10 Vol. Pg. be automatically revoked in the event of, or at such time that LICENSEE fails to comply with the express terms of this Agreement. X. USE OF PHOTOGRAPHY OR RECORDINGS LICENSEE shall have the right to use or re -use the photography or other recordings of the Property in the Program and the exploitation thereof, as well as in any other production produced by LICENSEE, its licensees or assigns, throughout the universe, in any and all media, now known or hereafter devised, in perpetuity, but does not have the right to photograph or record any security system or procedures. LICENSEE is prohibited from taking any photographs or recordings of any employee or agent of the Brazos County Sheriffs Office. LICENSEE shall not be required to make any payment to OWNER in connection with the use of the photography or other recordings, except as set forth in Paragraph 11.4. LICENSEE may photograph or record any inmate in the jail who has signed a release form. LICENSEE shall provide OWNER with release forms for inmates to sign prior to the production. Nothing in this agreement shall obligate LICENSEE to photograph the Property, to use such photography, or to otherwise use the Property. LICENSEE shall have the right to photograph, record and depict the Property used in the production, accurately or otherwise, as LICENSEE may choose, using its actual name, signs and other identifying features or without regard to the actual appearance or name of the Property or any part of it. LICENSEE may, at any time, elect not to use the Property by giving Owner notice of such election, in which case neither party shall have any further obligation hereunder. XI. ASSIGNMENT: Any assignment or attempted assignment of this Agreement by LICENSEE without the prior written consent of OWNER shall be void, not to be unreasonably withheld or delayed; provided, however that this agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. XII. CONFLICT OF INTEREST: This Agreement is subject to the provisions of A.R.S. § 38 -511. XIII. ENTIRE AGREEMENT: This Agreement and all Exhibits attached hereto sets forth all of the covenants, promises, agreements, conditions and understandings between the Parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the parties other than as set forth herein, and those agreements which are executed contemporaneously herewith. This Agreement shall be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the party drafting this Agreement. This Agreement cannot be modified or changed except by a written instrument executed by all of the Parties hereto. Each party has reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel. 4of10 Vol. pg. Z XIV. INDEPENDENT CONTRACTOR STATUS LICENSEE shall not be considered an officer, employee or agent of the OWNER. LICENSEE'S officers, agents, employees and guests shall not be considered employees of Brazos County and they shall not be entitled to receive any of the benefits associated with regular employment with Brazos County. XV. RELEASE In consideration of the granting of this License, LICENSEE voluntarily and knowingly releases and discharges OWNER and its agents, contractors, employees, members, officers and partners, if any, from any and all liabilities, claims, obligations, demands, causes of action, damages, costs, expenses, attorneys' fees, and rights whatsoever, in law or in equity, whether known or unknown (collectively, "Claims "), that LICENSEE, or anyone claiming through or under LICENSEE may have or may claim to have, which now exist or may hereafter arise resulting from the exercise of the License granted by this Agreement; provided, however that this release shall not be effective against any Claims which are the result of OWNER'S negligence or willful misconduct or OWNER'S breach of its representations or warranties as set forth herein. XVI. INSURANCE LICENSEE, and LICENSEE's contractors, at LICENSEE's or contractor's expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Texas and possessing a current A.M. Best, Inc. rating of A6 or higher. In lieu of State of Texas licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Texas. The form of any insurance policies and forms must be acceptable to OWNER. All insurance required herein shall be maintained in full force and effect until the expiration or termination of this License. Failure to do so may, at the sole discretion of OWNER, constitute a material breach of this LICENSE. LICENSEE's insurance shall be primary insurance, and any insurance or self - insurance maintained by OWNER shall not contribute to it, except for claims arising out of the negligence or willful misconduct of OWNER. Any failure to comply with the claim reporting provisions of the insurance policy or breach of an insurance policy warranty shall not affect the OWNER's right to coverage afforded under the insurance policies. The insurance policies may provide coverage that contains deductibles or self - insured retentions. Such deductible and/or self insured retentions shall not be applicable with respect to the indemnity or coverage provided to OWNER under such policies. LICENSEE shall be solely responsible for deductible and/or self - insured retention. OWNER reserves the right to request and to receive, within ten working days, copies of any or all of the herein required insurance certificates and/or endorsements. OWNER shall not be obligated, however, to review such certificates and/or endorsements or to advise LICENSEE of any deficiencies in such policies and endorsements, and such receipt shall not relieve LICENSEE from, or be deemed a waiver of OWNER's right to insist on, strict fulfillment of LICENSEE's obligations under this Agreement. LICENSEE and its contractors' insurance policies required by the Agreement, except Workers' Compensation, shall name OWNER, its agents, representatives, officers, directors, officials, employees, and volunteers as Vol. 5of10 Additional Insureds, with an endorsement as least as broad as ISO's CG20101185.. LICENSEE is required to procure and maintain the following coverages: Commercial General Liability. Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance, with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products /Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, fire legal liability, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provision which would serve to limit third party action over claims. 2. Automobile Liability. Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance, with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the LICENSEE's owned, hired, and non -owned vehicles assigned to or used in performance of the LICENSEE's use of the Premises. 3. Workers' Compensation. Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of LICENSEE's employees engaged in the performance of the work or services associated with the use of the Premises; and Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. LICENSEE and its contractors waive all rights against OWNER and its agents, officers, directors and employees for recovery or subrogation. Prior to the commencement of this Agreement, LICENSEE shall furnish OWNER with Certificates of Insurance in a form acceptable to OWNER, or formal endorsements as required by OWNER, issued by LICENSEE'S insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. Such certificates shall indentify this Agreement number and title. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past expiration or termination of this Agreement as evidenced by annual Certificates of Insurance. If a policy does expire during the term of the Agreement, a renewal certificate must be sent to OWNER at least ten business days prior to the expiration date. Notices of cancellation or modification shall be delivered to OWNER in accordance with the policy provisions. XVII. NOTICES All notices provided for herein shall be in writing and sent by e-mail and certified mail to the Parties at the following addresses: LICENSEE: Central Productions LLC 6of10 Vol. ` 7 pg. 3i Attn: Business & Legal Affairs 345 Hudson Street, 91 Floor New York, NY 10014 Email: andrew.steinberg @viacom.com OWNER: County Judge Duane Peters 200 South Texas, Avenue Bryan, TX 77301 OWNER is aware that federal law prohibits "payola" and "plugola" and OWNER acknowledges that, among other things, it is unlawful to accept anything of value (except compensation payable hereunder) for promoting any product, service or company or arranging for any person to appear on the air. OWNER warrants that OWNER will not violate any such law. All representations and warranties contained in this Agreement shall survive the execution and delivery of this Agreement and any investigation made by LICENSEE and/or Comedy Partners or on its respective behalf. ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 7of10 IN WITNESS WHEREOF, the Parties enter into this AGREEMENT this 16 4 day of &hrvd. LICENSEE OWNER By: �1 County Judge Date Li�� p,2cz7r�c�12� l..omeGG.r Cenf��il Approved as to Form: —j County Atto ey ate Vol. 2l7 Pg. 19✓5 . -- - 8of10 Exhibit "A" Premises Brazos County Jail 1835 Sandy Point Road Bryan, Texas, 77803 9of10 Exhibit `B" 'Permitted Use OWNER hereby grants permission to LICENSEE, Central Productions LLC, to enter upon and to utilize the Property and to bring onto the Property such personnel and equipment as LICENSEE deems necessary for production of the program currently entitled, "Untitled Jeff Ross Special' (the "Program "). LICENSEE is permitted to use the property to film a stand -up comedy special featuring Jeff Ross. LICENSEE and Jeff Ross shall submit a detailed outline or script of the proposed Program at least ten (10) calendar days prior the commencement of Program. LICENSEE and Jeff Ross shall ensure that any public statements or appearances made on the Properly shall be respectful and courteous to all inmates, employees and law enforcement personnel. LICENSEE is permitted to construct a temporary stage, use any necessary lighting equipment, and procure seating for a live audience. OWNER will allow inmates to be members of the live audience and will transport the requested number of inmates to and from the Premises. OWNER will secure releases from the inmates and any employees whose images may be filmed in the production. 10 of 10 a ROC °" CERTIFICATE OF LIABILITY INSURANCE DATE: 2/17/15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NO AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis of New York, Inc. One World Financial Center 200 Liberty Street New York, NY 10281 CONTACT NAME: want carenwts center PHONE INC, No. Eat: 1�4M6.7378 . No. 1-098-4674378 E -MAIL ADDRESS: cerlYrates "iillawm PRODUCER CUSTOMER IDa: INSURER(S) AFFORDING COVERAGE NAIL# INSURED Vlaoxm, Inc. Central Productions, LLC 2600 Colorado Avenue Santa Monica, CA 90404 INSURER A: ACE Amedcon Insurance Company 22667 INSURER B: Y 1 INSURER C: HOOG27341275 12131114 12/31/15 EACH OCCURRENCE 55,000,000 DAMAGES TO RENTED PREMISES ES occunanw $5000000 COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I INSR SUER WVD POLICY NUMBER POLICY 8" MMID POLICY EXP MMIDDA'Y LIMITS A GENERAL LIABILITY GENERAL LIABILITY Y HOOG27341275 12131114 12/31/15 EACH OCCURRENCE 55,000,000 DAMAGES TO RENTED PREMISES ES occunanw $5000000 CLNMIS -MADE 0 OCCUR 4�MMERCIAL MED UP (Any one person) - PERSONALBADVINJURV $5,000,000 GENERAL AGGREGATE 415AGO.000 GEN'L AGGREGATE LIMIT APPLIES PER: PR DUCTS- COMP'OP AGG $6,000,ou0 % POLICY JECT LOC OMBINED SI LE LIMIT A AUTOMOBILE LIABILITY X ANY AUTO y ISAHOSS30150 12/31/14 12/31/15 (Ea accident) $3,000.x00 BODILY INJURY(Per Pen"4 $ BODILY INJURY(Per eeadw,) $ ALL OWNED AUTOS PPRe1OP�EanTY DAMAGE E SCHEDULEDAUTOS HIRED AUTOS $ NON- OWNEDAUTOS % 15000edudible far AUlo Ph Ica/ e. UMBRELLA LIAB OCCUR EACH OCCURRENCE -AGGREGATE EXCESS LIAR CLAIMS -MADE 5 DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YM ANY PROPRIETORIPARTNER/EXECUTIVE N N/A WLRC48141957 SCFC48141870 12(31/14 12/31/15 X To arumns $R FA E.L. HACCI DENT E2,WO,OOD -IL—DISEASE-EA 52,000,000 OFFICERIMEMBER EXCLUDED7 (Mandatary In NH) raibe order ap, des DESCRIPTION OF OPERATIONS balmy Qualified Self Insured In CA, NV EMPLOYEE E.L. DISEASE -POUCY LIMIT $21000,000 and DC DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES (AB M ACORD 101, AddNanel ma Schatluk, moro spew is repulretl) The Certificate Holder is included as an Additional Insured only if required by an executed written contract. Further the Certificate Holder is also included as a Loss Payee under the Automobile policy where required by contract. The additional insured and /or loss payee status arises solely as respects the motion picture and /or television production of "Jeff Ross Special." CERTIFICATE HOLDER CANCELLATION ACORD 26 (2009/09) 61988 -2009 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD SHO= ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Brazos County THE EXPIRATION DATE TREMOR, NOTICE WELL BE DELIVERED IN Brazos County Jail ACCORDANCE WITH THE POLICY PROVISIONS. 1835 Sandy Point Road lTi" W. (212)9157835 Bryan, TX 77803 AUTHORIZEDREPRESEWATIVE: War If yfea fr,4 /M. ACORD 26 (2009/09) 61988 -2009 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD EVIDENCE OF PROPERTY INSURANCE I DATE IMMNDIYYYYI THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY PHONE fit- a95dSaf COMPANY Marsh USA, Inc. - ACE American Insurance Company 1166 Avenue of dre Americas New York, NY 10036 We WOE: INSURED LCAN`NUMSER POLICY NUMBER Viacom, Inc. 5,000,000 GPA D36106903009 EFFECTIVE DATE WIM71ON DATA AUTHORIZED REPRESEWATNE COMINUF!DUML Central Productions, LLC 2600 Colorado Avenue 02/152015 07/152016 TERMIMTED IF CHECKED Santa Monica, CA 90404 THIS REPLACES PRIOR EVIDENCE DATED: Deductibles: Re: "Jeff Ross Special' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID DLAIMS. COVERAGE I PERLLS I FORMS AMOUNT OF INSURANCE DEDUMBLE Blanket Building and Personal Property 5,000,000 Loma Inland Marine Included Above AUTHORIZED REPRESEWATNE Miscellaneous Equipment, Props, Sets, Wardrobes, Third Party Property 5,000,000 rented Or leased by the meurid. Coverage is provided on a replacement seat basis. Deductibles: Motor vehicles and equipment aisesso7 M be used in production- $20,000; Mlacellanecus pmducllon equipment- $25,000; Named StonnTer 1 - 2 %, min $1.0i per occurrence; Cal ED -6 %, min $250,000 per occurrence Rood High Hazard -4%, min $1,000,000 per occurrence Other deductibles may apply as perpofcy temvs and conditions. Subject to term, condi0ons, exclusions, sublknik and of the applicable policy. Coverage is waddvAde excluding countries where trade relations are unlexlul as determined by (he USA or its agencies, unless granted a US. Treasury DepaM,ent OFAC license to do business in that country and Fen coverage is provided only to the extent legally pemu0ed as a resultof me issuance of the lcense. Covering real and personal property ofthe Named Insured as respects filming of the nation picture and/or television production. cartificns, holder (Additional Interest) is loss payee as required in lye tam of awdden or verbal agreement Marsh NY phone number. 212395 -6000. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AnnRInNAL INTFRFST NYGO06ll',58547 -03 NAME AND ADDRESS X MORTGAGEE LASS PAYEE ADDITIONAL INSURED Loma AUTHORIZED REPRESEWATNE or Manh USA i.e. Erika Anthony ACORD 27 (2009112) 01993.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo we registered marks of ACORD ! Vol- 1;2-1 pg. 0237 Brazos County Purchasing Department 200 S. TX VE., SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 361 -4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: February 18, 2015 BID NUMBER: 2015 -34 TITLE: Herbicides and Surfactants REQUESTING DEPARTMENT: Road and Bridge APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: (21941 IS Vol. % Pg. 2 j�o Bid Tabulation 2015 -39 Mowing of County Rights of Way April 30, 2015 -April 29, 2016 ` "'chemical Wged Wellmann v Cogtrol Inc { z Enterprises ?r ,' ✓, sr „a, 5` ., FENCE TO FENCE MOWING $ 500.00 $99.00 PRICE PER MILE SAFETY MOWING $300.00 $69.00 PRICE PER MILE LINE TRIMMING PRICE PER $200.00 $19.00 MILE FIELDS OR BY DAMS PRICE $80.00 $70.00 PER ACRE Primary Vendor: Wellmann Enterprise Approv by o missio °curt on this O� day of J Qj=, 2015 by / ing the position of a_& Vol. -�-/ 7 pg. o�. J� 9 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road & Bridge MEETING DATE: February 24, 2015 SUBJECT: Temporary Utility Permit — FWP Holdings, LLC Consider and take action on the FWP Holdings, LLC utility permit to install temporary 10" aluminum water line within and along the right -of -way of Jack Manning Road. Project will provide water to oil well. Site is located in Precinct 2. SUBMITTED BY: C"ab, Darrell W. Kolwes Right of Way Agent APPROVED BY: This request is'CI APPROVED1 � DENIED by Commissioners' Court Duane Peters, County J DATE: �'oi`I 115 Vol. J-/% pg. -]-V APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now FWP Holdings. LLC [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 lacked Driven Cased lack Manning Rd. 30 05644.98 "N 30°56' 18.29 "N On Surface Approx. 3,945 ft. 96 016'31.47 "W 96 017'02.74 "W Facility to Parallel County Road Within Right -Of -Way Road Name and Block . Number From To Depth Distance lack Manning Rd. 30 05644.98 "N 30°56' 18.29 "N On Surface Approx. 3,945 ft. 96 016'31.47 "W 96 017'02.74 "W CONSTRUCTION TYPE 10" Diameter. .072 Wall Thickness Material Specification Aluminum Maximum Operation Pressure 50 PSI PROJECT WILL LAY 10" ALUMINUM WATER LINE IN RIGHT OF WAY FOR APPROX. 10 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 7 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used 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 FVO 2- l 7 p9, expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permir prior to the installation or does not install utilides in compliance with installation requirements set forth herein (Le. depth, location, etc), Company assumes all financial responsibility for damages and/or destruction of lines, cables, etc based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a revocable permit Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the ApplicanNCompany. 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 1 am authorized to represent the Company listed below, and that the Company agrees to the conditions /provisions included in this permit. rlj P Company Name J By: Signature Title (o26o Lie gj. , 40 Address 60-5) h 7}G 177oN2 City State zip "113 Stq,35 -7 7 Phone Numb rr 1 C�rQ.vs �. (�l oCniXSf: ut cfr,%z Email Fg," 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 oZ — /-% — 15' except as noted below: EXCEPTIONS: (Month/Day/Year) Brazos County Engineer Vol. __ '724 7 pg. W N � TT rn m O D z O rn 0 - Q° z > ;u b 0 4 O In 0 2 m O 1 m r rn O z m G? f O C 0 CC) Tl cn O O o I co� � 2 n O D � O O m m m m _ 0 r = O n rn � M r n O p O n ED z O r rn UI z > a a z o _ o � Ul C) m O z U) m 0 Z C) 0 c -'i 0 Q L` R 3 15 N III V I �9 I ti J AVWJO-1Haa rn .1 rn m m m O p 0 a C5 x 11.11 m 0 Y 0 si x yIf z a -j --�vV/ M x 4 x o x x x m 0 0 0 BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices (`BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. A Safetp 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. Trafrc 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 specific ni hg ttime traffic control measures pursuant to the TMUTCD; Vol, b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right -of -way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Desien 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. 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 (3 6) 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 feet. 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 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas — 4 to 6 feet, nominally 5' Cable — 6 to 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. 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 ifthe annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emereenev 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. F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or 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 ¢rade) 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 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. pg, 4 Y� - -_ ^IR In .I:In F yy�l EcF figg• �e6g eae epp 9:R8 8S8 4 n� gg g �i ¢ :j;P c 9p:1 vg .,€ ZM NN g88 9m8 pC SP . -P�a= c g $ B =, =Y €'yea ■bj'jll, kill B�F 5:19 „r5�� g W =by r -'l56e ? €r€ tjgul INN - ._--._.___-_._-_._-_- d,»�ff i ,R {S§ � ¢OW r o wo a U== p LL O N 4 U Vol._ w O J 0 O x N O U Z ¢ 0— W O C J � U O C r- m x W C > O U Y O 3 K W � w J v O g 2 � a — z � °L U U � a CC> N O U Y O 3 W I O J � w = O ' y O ¢ W C 2 O C W a 0 > Y 1 \\ — Asa i.vs 1 _ s:s Vol._ w O J 0 O x N O U Z ¢ 0— W O C J � U O C r- m x W C > O U Y O 3 K W � w J v O g 2 � a — z � °L U U � a CC> N O U Y O 3 W I O J � w = O ' y O ¢ W C 2 O C W a 0 > Y 1 n The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of A.D. 2015 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this C -#) day of Duane Peters, County Judge Y4d tC LeG *Jn d Lloyd Wassermann, Commissioner Precinct #1 ny Catalenp, Commissioner Precinct #2 Treasurer's Report for the MONTH DECEMBER 2014 AND THE O/E 12/31/14 O a .9 ct 00 1 R q za z A Ld ti Iq jj� `Mry" 111 9 1% 14 . . . . . . . . . . . . . . . . F6 N rq TH 1: z 0 z 2 Gt1 z a z i2 FS id O a .9 j m ma 1r1 V1 rl ci 6 'i 4 cs d 4 . . . . . . . . . . . . . . . Oct Omm Pm M, i 0 i ii .4 Q g 6 'd p N d O as 9. § n a 2b oz d 00000000 . -. . . . . . . 6 6 O00 2 2 E R X -R XMIA ;51 9 0 l - 9 17. Pg. -ej�'2-�r Vol. O pO Nc BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2014 -2015 BUDGET YEAR NO. 14/15 21.1— 21.6 On this the 24th day of February 2015 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct I C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 24th day of February 2015 the Court heard and approved a budget amendment for the 2014 -2015 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 9 September 2014, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 24th day of February 2015. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: IL &� S3 Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. �2 17 Pg.� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 21.1 2/2412015 Fund of funds to cover utility cost. This should be the last invoice as the facility has been closed and the Court has been relocated to . W�1 N _. /�_ pg. ���' BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 14115 - 21.2 2/24/2015 I oil WAN Vol. pg � y-7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115-21.3 2/24/2015 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 4500 63000500 80890000 CR Vehicles 1680.00 4500 63000500 80891800 DR Vehicles - CA 210.00 4500 63000500 80892820 DR Vehicles - Jail 420.00 4500 63000500 80893020 DR Vehicles - Constable 2 630.00 4500 63000500 80893040 DR Vehicles - Constable 4 420.00 Genearl Capital Improvement Reallocation of funds for the umhase of vehicle equipment. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14/15 - 21.4 2/24/2015 Vol. Pg. mff Fri 1=1 I - - -_ General Fund Contingency and Purchasing -- Reallocation of fonds to purchase a computer with dual screens; and software, and phone with software for the Purchasing Departinmt for Vol. Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 21.5 Vol. Pg. ate___ I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 14115 - 21.6 2/24/2015 FUND DIV ACCT PROJ DR1CR ACCOUNT NAME Increase Decrease 4312 63000710 80101003 CR Bl . Renov - Court House 5688633 4312 63000910 80100000 DR Buildings 56886.33 4312 63000910 80100000 CR Buildings 147,059.05 4312 63000910 60500000 DR Equipment & IT Enhancement 5,051.92 4312 63000910 61740000 DR Telephone 13 00.00 4312 63000910 67203000 DR Minor Computer Hardware 20 852.40 4312 1 63000910 1 67205000 1 DR Network Cost 1689.75 4312 63000910 67281000 DR Equipment - Electronic 8.052.60 4312 63000910 67670000 DR Printers 8.262.21 4312 63000910 72155000 DR Com uter Consulting 2,000.00 4312 63000910 80203000 DR Computer Hardware 20 469.00 4312 63000910 80205000 DR Computer Network Cost 39356.05 4312 63000910 80720000 DR Seouri & Surveil. System 27,825.12 Courthouse Improvements and Tax Office Building Reallocation of funds to purchme furniture and electronics for the new Tax Office Building. Vol. - = -L pg. - - -- - -- -- PERSONNEL -- CHANGE OF STATUS REQUESTS Commissioner Court Date: February 24, 2015 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 Collections Blajeski- Spiller, Nikki Reinstated District Attorney Speakmon, Gibi Promotion Tijerina, Norma Termination Ybarra, Jacaline Promotion District Clerk Morrison, Martha Resignation Information Technology S.O. - Admin Blankenship, Mary Field, Carla Approved in Commissioners' Court: Fehr 24 2 15: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. CZ,1 % Pg. � / New Hire Promotion TIER I - PARTIAL EXEMPTION RACIAL PROFILING REPORT q0 Agency Name Reporting Date TCOLE Agency Number Chief Administrator Agency Contact Information BRAZOS CO CONST PCT 1 02/10/2015 041101 JEFF REEVES Phone 979 695 0030 Email mfreemanna co.bra?os.bc.us Mailing Address BRAZOS CO CONST PCT 1 12845 FM 2154 Ste 140 College Station TX 77845 KNO GED k 17 /S Duane Peters Date County Judge This Agency claims partial racial profiling report exemption because Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days Certification to This Report 2 132 (Tier 1) — Partial Exemption Article 2 132(b) CCP Law Enforcement Policy on Racial Profiling BRAZOS CO CONST PCT 1 has adopted a detailed written policy on racial profiling Our policy (1) clearly defines acts constituting racial profiling (2) stnctly prohibits peace officers employed by the BRAZOS CO CONST PCT l from engaging in racial profiling (3) implements a process by which an individual may file a complaint with the BRAZOS CO CONST PCT 1 if the individual believes that a peace officer employed by the BRAZOS CO CONST PCT I has engaged in racial profiling with respect to the individual (4) provides public education relating to the agency s complaint process (5) requires appropriate corrective action to be taken against a peace officer employed by the BRAZOS CO CONST PCT 1 who after an investigation is shown to have engaged in racial profiling in violation of the BRAZOS CO CONST PCT 1 s policy adopted under this article (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops including information relating to (A) the race or ethnicity of the individual detained (B) whether a search was conducted and if so whether the individual detained consented to the search and Page 1 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement (C) whether the peace officer knew the race or ethnicity of the individual detained before detammg that individual and (7) require the chief administrator of the agency regardless of whether the administrator is elected employed or appointed to submit an annual report of the information collected under Subdivision (6) to (A) The Commssion on Law Enforcement and (B) the goveming body of each county or municipality served by the agency if the agency is an agency of a county municipality or other political subdivision of the state I certify these policies are in effect Executed by JEFF REEVE'S Chief Administrator BRAZOS CO CONST PCT 1 Date 02110/2015 Page 2 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Pg.�3� BRAZOS CO CONST PCT 1 Motor Vehicle Racial Profiling Information Number of motor vehicle stops 1 939 citation only 2 0 arrest only 3 10 both Race or Ethnicity 5 128 African 6 15 Asian 7 656 Caucasian 8 134 Htspanic 9 15 Middle Eastern 10 1 Native American 4 949 Total (4 11 14 and 17 must be equal) 11 949 Total (Imes 4 It 14 and 17 must be equal) Race or Ethnicity known prior to stop9 12 0 Yes 13 949 No Search conducted9 15 2 Yes 16 947 No Was search consented9 18 1 Yes 19 1 No 14 949 Total (lines 4 11 14 and 17 must be equal) 17 949 Total (lines 4 11 14 and 17 must be equal) 20 2 Total (must equal line 15) Pa ge 3 of 3 a ges submitted electrons s The Texas Commission on Law Enforcement