HomeMy WebLinkAbout2016-04-12 10:00AM REGULAR MEETINGBRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
c
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON APRIL 12, 2016 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-18:
3. Proclamation 16-018 designating the week of May 2 - 8, 2016 as National Correctional
Officers and Employee Week
4. Proclamation 16-019 designating April 2016 as Sexual. Assault Awareness and
Prevention Month.
5. Request from Constable Pct. 2 for the approval of the donation of a Lifepak Defibrillator
to Brazos County District #2 Volunteer Fire Department
6. Request from the Juvenile Department for approval to add an additional camera to a
Capital Improvement Program FY 2016 request at no additional cost to the county. The
total cameras requested will go from 32 to 33. Approved amount is $20,228.
7. Request from the Brazos Center for $12,500 to paint the exterior of the Brazos Center
Building.
8. Authorization for the County Judge to sign a Grant Adjustment Notice for the 2014
Homeland Security Grant
9. Consider and take action on an offer to settle the lawsuit, Washington of Texas
Properties v. The State of Texas, Brazos County
10. The Final Plat of Polo Estates, Block 1, Lots 1-22; 0.101 Acres R.O.W. Dedication;
Being a Replat of Foxworth Subdi ^`�AG9 Ac easured, Called
Vol. g'j�
34.082 Acres; Volume 6050, Page 67; T. Henry Survey, A-132 and John Payne Survey,
A-195; (College Station ETJ) Brazos County, Texas. Site is located in Precinct 1.
11. Consider and take action on the Wickson Creek Special Utility District utility permit to
construct a road bore for a 14nch water line crossing under Bird Pond Road 4,765 feet
southwest of SH 30. Crossing will be encased and be a minimum of 36 inches under
the bottom of the ditch. Line will provide service to customer at 4024 Bird Pond Road.
Site is located in Precinct 2.
12. Request permission to enter private property owned by Douglas E. Payne located on
House Estate Road 575 feet Southeast of House Cemetery Road. Project will require
the County to clean out drainage channel and reshape back slopes to improve drainage
flow. Site is located in Precinct 2.
13. Tax Refund Applications for the following:
• a. RGN Services -overpayment -$17.55
• b. Kimberly McChrystal-overpayment-$64.47
• c. David Jay Dotson -overpayment -$716.60
• d. Elite Electric LLP -overpayment -$103.64
• e. San Saba Royalty Company -overpayment -$416.61
• f. Theresa Connaughton-overpayment-$1546.67
• g. Maurice Brigham -overpayment -$16.03
• h. Alan & Denise Hall -overpayment -$20.68
• i. Petrobella Energy -overpayment -$6.25
• j. GTECH Corporation -overpayment -$12.38
• k GTECH Corporabor-overpayment-$27.48
14. Budget Amendments.
Budget Amendments FY 15/16 29.1 -29.5
15. Personnel Change of Status.
Personnel Action Forms
16. Payment of Claims.
17. Convene into Executive Session pursuant to Texas Government Code 551.071 to
consult with attorney about pending or contemplated litigation and/or a settlement offer.
18. Consider and take action on executive session.
19. Acknowledgment of the monthly reports submitted in March 2016.
20. Sheriffs report on inmate population.
21. Announcement of interest items and possible future agenda topics.
22. Call for Citizen input and/or concerns
23. Adjoum.
Vol.
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at
the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional
Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a
Constitutional Court. the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation
under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular,
Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,
and/or addressing the Court; in participating in public discussions before the Court and in all actions in the presence of the
Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of
the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or
group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity
of the Court, as a body, or any member or members of the Court or County employees, individually or collectively. Accordingly,
profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the follow9ng sanctions:
1. cancellation of a speakers time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court Flowever, 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 Convnissioners Court will consider, the County Judge
and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing
policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. tib member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Flandicap 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.
MINUTES
APRIL 12, 2016
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
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,
April 12, 2016 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Catalena
2. Call for Citizen input and/or concerns
Several citizens asked to speak in opposition to Proclamation 16-017 Confederate
Heritage and History Month. This proclamation was passed at the April 5, 2016 meeting.
Historian Benjamin Pope spoke on the history of the Civil War and the Civil Rights
Movement. Mr. Pope stated that we should be able to respect our ancestors without
celebrating their acts. He said that we should recognize that they were wrong to fight to
uphold slavery. Mr. Pope also stated that we can not talk about Confederate history
without talking about slavery, and simply saying that it is wrong is not enough.
Vol. 3 pg. --994—
Brent Green who Is a resident of College Station also spoke on the effects of the Civil
War and slavery. He does not agree with the proclamation to celebrate Confederate
History and Heritage Month. Mr. Green said he feels that it is an attack on people of
color. He compared it to celebrating a Nazi History Month. He feels this should be a
public shaming of the Court for approving the proclamation.
Dr. Michael Kraft spoke next and stated that the Civil War was a complete disaster, and
celebrating or commemorating it is wrong and also a complete disaster.
Carmella Garritano who is a resident of Bryan said that she has only lived in Texas for a
year and a half and would like to make a plea to the Court. She feels that things are so
divisive in this country and this issue is also divisive, she asked the Court to reconsider
the proclamation and the feelings of others. She said that it's one thing for a person to
celebrate this, and another for a county to celebrate it.
Consider and take action on agenda items 3-18:
3. Proclamation 16-018 designating the week of May 2 - 8, 2016 as National Correctional
Officers and Employee Week.
Judge Peters stated that Proclamation 16-018 needs to be tabled for two weeks.
Motion: Table, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
4. Proclamation 16-019 designating April 2016 as Sexual Assault Awareness and
Prevention Month.
The County Judge read aloud Proclamation 16-019 designating the month of April as
Sexual Assault Awareness and Prevention month. The proclamation was presented to
Sexual Assault Resource Center Executive Director, Martha Opersteny.
Ms. Opersteny thanked the Court for their continued support over the last 32 years. She
stated that although sexual assaults continue to be on the rise, she is hoping to increase
awareness and provide victims with crisis and counseling services.
A copy of the proclamation is attached.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
5. Request from Constable Pct. 2 for the approval of the donation of a Lifepak Defibrillator
to Brazos County District #2 Volunteer. Fire Department.
Vol. Pg.
Motion: , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann.. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
6. Request from the Juvenile Department for approval to add an additional camera to a
Capital Improvement Program FY 2016 request at no additional cost to the county. The
total cameras requested will go from 32 to 33. Approved amount is $20,228.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
Request from the Brazos Center for $12,500 to paint the exterior of the Brazos Center
Building.
Motion: , Moved by Commissioner Sammy Catalena, Seconded by Commissioner
LLoyd Wassermann.. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
8. Authorization for the County Judge to sign a Grant Adjustment Notice for the 2014
Homeland Security Grant.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
9. Consider and take action on an offer to settle the lawsuit, Washington of Texas
Properties v. The State of Texas, Brazos County
A copy is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
10. The Final Plat of Polo Estates, Block 1, Lots 1-22; 0.101 Acres R.O.W. Dedication;
Being a Replat of Foxworth Subdivision, Block 1, Lot 1 ; 34.069 Acres Measured, Called
34.082 Acres, Volume 6050, Page 67; T. Henry Survey, A-132 and John Payne Survey,
A-195; (College Station ETJ) Brazos County, Texas. Site is located in Precinct 1.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
11. Consider and take action on the Wickson Creek Special Utility District utility permit to
construct a road bore for a 1 -inch water line crossing under Bird Pond Road 4,765 feet
southwest of SH 30. Crossing will be encased and be a minimum of 36 inches under
the bottom of the ditch. Line will provide service to customer at 4024 Bird Pond Road.
Site is located in Precinct 2.
V01. Pg.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann.
12. Request permission to enter private property owned by Douglas E. Payne located on
House Estate Road 575 feet Southeast of House Cemetery Road. Project will require
the County to clean out drainage channel and reshape back slopes to improve drainage
flow. Site is located in Precinct 2.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
13. Tax Refund Applications for the following:
• a. RGN Services -overpayment -$17.55
• b. Kimberly McChrystal-overpayment-$64.47
• c. David Jay Dotson -overpayment -$716.60
• d. Elite Electric LLP -overpayment -$103.64
• e. San Saba Royalty Company -overpayment -$416.61
• f. Theresa Connaughton-overpayment-$1546.67
• g. Maurice Brigham -overpayment -$16.03
• h. Alan & Denise Hall -overpayment -$20.68
• i. Petrobella Energy -overpayment -$6.25
• j. GTECH Corporation -overpayment -$12.38
• k. GTECH Corporation -overpayment -$27.48
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
14. Budget Amendments.
Budget Amendments FY 15/16 29.1 -29.5
29.1 Reallocate funds for General Capital Improvements - Sheriff's Office.
29.2 Reallocate funds for County Clerk- Election Services.
29.3 Reallocate funds for Road and Bridge -Administration.
29.4 Reallocate funds for Sheriff's Office -Administration.
29.5 Reallocate funds for General Capital Improvements - Brazos Center.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
15. Personnel Change of Status.
Vol. � Pg. 2,29
Personnel Action Forms
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
-Loyd Wassermann. Other. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann.
16. Payment of Claims.
Claims 7143249-7143460
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner -Loyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard,
Peters, Wassermann.
17. Convene into Executive Session pursuant to Texas Government Code 551.071 to
consult with attorney about pending or contemplated litigation and/or a settlement offer.
At this point, the County Judge announced the Court would consider items 19 through
22 then return to convene into Executive Session.
Having considered the previously noted agenda items, at 10:38 a.m. the County Judge
stated that the Court would convene into Executive Session to deliberate pursuant to
Texas Government Code 551.071 as stated above.
The following individuals were asked to stay for the meeting:
Candy Gallego, Executive Assistant
Bill Ballard, Civil Counsel
Kendra Suhling, Civil Counsel
Rod Anderson, County Attorney
Chris Kirk, Sheriff
18. Consider and take action on executive session.
At 10:58 a.m. the County Judge announced the meeting open to the public and on
motion by Commissioner Catalena, seconded by Commissioner Mallard, the Court
voted unanimously to pass a resolution stating that the Court believes that the Attorney
General misinterpreted the law regarding the open carry law and is directing the
attorneys to move forward in seeking a correction.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters,
Wassermann.
19. Acknowledgment of the monthly reports submitted in March 2016.
The Court acknowledged receipt of the Extension Service reports submitted in March
Vol ') > e4 pg. ; 3 0
2016 and acknowledged receipt of reports from the following County and Precinct
Offices showing revenues collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Road & Bridge
Sheriff
20. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 570 inmates in jail, 52 have electronic monitors and
13 are pending for monitors.
21. Announcement of interest items and possible future agenda topics.
There were no announcements.
22. Call for Citizen input and/or concerns
Sedrick Gilbert spoke against the proclamation for Confederate History Month. Mr.
Gilbert commented that he is a life long resident of Brazos County. Mr. Gilbert said that
we should be about unity and inclusion. He said that he respects those who served, but
it does more harm to gloss over the Confederacy and what happened to the people
during the Civil War. Mr. Gilbert stated that we should celebrate the United States and
not show favor toward the side of rebellion. He stated that the Confederate flag is
offensive and the United States is not the Confederacy.
Emilio Bernal stated that the Court should be ashamed for approving this proclamation.
He said that it celebrates a white racist war and many acts of violence on others. Mr.
Bernal went on to state that this proclamation constitutes an act of symbolic violence on
the Court's behalf and will be met with acts of symbolic violence on his behalf.
Texas A&M University student Margarita Zollo stated that the people in charge of the
county have not learned anything from the past by approving this proclamation. Miss
Zollo said that Texas A&M claims to be diverse and welcoming to all, but it will never be
as long as Brazos County celebrates Confederate History as a holiday.
With no one else wishing to speak Judge Peters stated that the Court would return to
item 17 on the agenda.
23. Adjourn.
Vol. A5� ! P9._
The foregoing minutes of the Commissioners Court meeting held April 12, 2016 have
been examined and are approved in open Court this day of
M2016, in Bryan, Brazos County, Texas.
Duane Peters Lloyd Ngassermann
County Judge Commissioner, Precinct 1
Axe t
Sammy atalena Kenny Mallai
Commissioner recinct 2 Commissioner, Precinct 3
�hse-n+
Irma Cauley
Commissioner, Precinct 4
Attest: /
Karen McQueen
County Clerk
BRAZOS COUNTY
COMMISSIONER'S COURT
DAY OF
AMf
Name
(PLEASE PRD\TT)
�AAeg&,h AlASU✓1
[:(4 6
20/�
Organization
(PLEASE PRINT)
T.-) I . t-, h
v V -N f
. Len
WEI
az 1 3
,S7/Vzz �C�J/1 /UL
Vol. a a pg.� �5
P_2, of 7
BRAZOS COU -TTY
COMMISSIONER'S COURT
Name
(PLEASE PRL�T)
c- y M cCc c'lL
AcG' J.
EY � z Wa�6 d f�dk
ice. r���--
2016
iLV/
Organization
(PLEASE PRLNTT)
��ef �-e4 L G L e-
0
C;�mac\
Vol. _;. F9.�
BRAZOS COUNTY
COMMISSIONER'S COURT
DAY OF
/0'6a=2 AW9K
Name
(PLEASE PRL'M
IuI A
e
20
Organization
(PLEASE PRLNT)
n� s%
Ago v&eft-v,-
jAmlt herb — VACIS►h
—1 —11 M. 11 fl ! I! A 6 r"
Vol. �.y Pg.-,g1a�
Q n� i.`•••- /�` a i/ ��
�lY'OF 6PT�
TRK
gm�'
WHEREAS: the effects of sexual assault go far beyond the physical and victims often
develop a number of psychological conditions, such as post traumatic stress
disorder and depression effecting families, friends and Texas communities,
spurring fear, anger and a sense of vulnerability; and,
WHEREAS: few survivors of sexual violence seek help immediately after victimization due
to shame or the fear of not being believed. To end sexual assault, we must
alleviate these fears and begin by believing; and,
WHEREAS: as members of a caring society, members of communities across the state of
Texas must unite to remove the stigma of rape and the Brazos Valley
community must continue the dialogue started by the Sexual Assault Resource
Center in their places of work, schools and homes; and,
WHEREAS: each year, the month of April provides an opportunity for the Sexual Assault
Resource Center and rape crisis centers across the state to renew their
commitments to serve their communities. Educational efforts also intensify,
which ensures that Texans are aware of the sexual assault services available in
their area; and,
NOW, THEREFORE, we as the Commissioners Court of Brazos County, do hereby
designate April 2016 as
SEXUAL ASSAULT AWA
in
Duane Peters, County Judge
missioner Lloyd Wassermann, Pct. 1
Catalena, Pct. 2
MONTH
<- �'�
Commissioner K .y Mallar Pct. 3
Wy� I �" Will
BRAZOS COUNTY, TEXAS
ACCEPTANCE OF DONATED/AWARDED PROPERTY
9 DONATION OF COUNTY PROPERTY
Date: "41� 1 161
❑Acceptance of Donated/Awarded Property❑Donation of County Property
(Awarded property requires signed court documentation)
❑Acceptance of Donated Inmate Properly
(Requires signed inmate documentation - NO VALUE ASSESSED)
Item Description: L, ep c,� 1) QS'i b 1" I II J6 r
Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank
Gelds will be returned for completion.
Make: Model, Yo r: SN VbsI4
❑ Functional Non -Functional. Explain ifNon-functional
Additional DescriptioNlnformation:`ti,-Af--Z�-o-6—�6 S��
i'
Estimated Value: %O vLI Check box for Capital Asset (value/initial cost is over $5000)
Check the appropriate account based on
estimated value ofproperty being accepted:
❑ 61235000 (Duration - Other)'
❑ 60010000 (No Asset Tag-Uoder$500)
❑ 67010000 (MinorProperty-$500-$4999)
❑
80010000 (Capital property - Over $5000)
'Donzown - Other to be used for fun.G, donated to Brazos
Check the up prop rime am h3
donated to
Government Entity'
Orb or(Do e io Statuatory
requirements prior approval
is required by Purchasing.
property being
T
Organization Name
Organization Name
use ofa non-counry exnendi(nre.
I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon
approval by Commissioner's Court will become a part of the Oencral Fixed Asset Account of Brazos County. The detenuination to accept or
reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating,
maintenance and insurance costs.
Requesting Department: ` C� -a— !J'�
Department Name Authorized Slgnatu
-Organization Receiving Donated Property' D r C\N6 S \ iJ C.. U F"D
'Authorized Signature
Approve Comm sionersCourt on this day of
Corrunissinners Court Approval
2 7
I
n.
Texas Department of Public Safety
Z4, -1
Sg -+'j X.
2014 Grant Adjustment Notice j�
for
� A"-�
�
(f
Brazos County
1 Generai_Award Information Reference/ Encumbrance No.
Date ofAward: February 19, 2016 Prepared By: Ogletree, William 3. SAA Award Number: 14 -GA 48041-02
4. Sub -Recipient Address' - - - d
_.y - pient Ny _ 5 - S. Federal Grant Information
Federal Grant Title: Homeland Security Grant Program (HSGP)
State Homeland Security Program (SHSP)
Judge Duane Peters Federal Grant Award Number: EMW-2014-SS-00029
Brazos County
200 S. Texas Ave. Suite 332 Federal Granting Agency: U.S. Department of Homeland Security(DHS)
Federal Emergency Management Agency (FEMA)
Bryan, TX 77803
Date Federal Grant Awarded to TxDPS: August 6, 2014,,
CFDA: 97.067
6. Award 'Amount and Grant Breakdowns 7
SHSP
Grant Period:
From:
To:
Sep 1, 2014
)an 31, 2016
$18,535.00
(IDB SAA must receive all Invoices by the end .11,anc pob4)
7. Statutory Authority for Grant: The Department of Homeland Security Appropriations Act, 2014, (Public Law 113-76), and The
Homeland Security Act of 2002 as amended (Public Law 107-296), (6 U.S.C. § 603).
S. Method of Payment: Primary method is reimbursement.
9. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contractors/vendors and principals
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/
30.' Agency APProvals `,; •`]..
Approving TxDPS Official: Signature of TxDPS Official:
Jamie Youngs
Acting Deputy Assistant Director
Texas Homeland Security
State Administrative Agency
Texas Department of Public Safety
,.
11. Sub=RecipienLAcceptance
I have read, understood and agree to this Sub -Recipient Agreement con ' • this Award and the attached Terms and
Conditions.
.P;�riinnnt)naam�epand itle of Authorized Sub -Recipient Official: Sign Luce of Sub- eciplent Official.
V`i"'..'1..� S
J
Enter Emplo r Identificati n Number (EIN) or DUNS Number: Date Signed
Federal Tax Identification Number: 05 rv) ^ t
99— bcoc33
DUE DATE: April 4, 2016 Signed Award with Terms and conditions mustybee',rreturl/geld to SAA_SRA@dps.texas.gov on or before the due
date.
Vol. .? pg, aj
2014 TERMS AND CONDITIONS
Instructions:
The Sub -recipient shall.
1, Fill in the information and sign the Grant Sub -Recipient Award:
2. Certify they have read and understand these Terms and Conditions:
3. Certify to the statements provided in Exhibits A, B. C and D located at the back of this document by filling
in contact information and signing all exhibits, and
4. Return all documents via email to SAA—SRA@dps.texas.gov on or before the date provided in the
transmittal letter and/or in this Grant.
weiwwwll• _• -1
This Grant Sub -recipient Agreement (consisting of this 2014 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
"DPSfTHSSAA" and the funds recipient, hereinafter referred to as the "Sub -recipient' or "Sub -grantee," Furthermore, DPSITHSSAA 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 2014 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 (NPG) 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 2014 Nonprofit Security Grant Program (NSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) by
supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in
the NGP, 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 within one of the specific Urban Areas Security Initiative (UASI)-eligible Urban Areas.
While this funding is provided specifically to high-risk nonprofit organizations, the program seeks to integrate nonprofit preparedness activities with broader
State and local preparedness efforts. 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 DPSITHSSAA. If Sub -recipient issues subawards
as part of this Grant project, Sub -recipient shall include and require its subawardees to comply with the terms and conditions of this Grant.
The term "Sub -recipient agreement funds" as used in this Grant means funds provided by DPSrrHSSAA 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.
2. Overview and Performance Standards
All allocations and use of funds under this Grant all be in accordance with the FY 2014 Funding Opportunity Announcement (FOA) for the Federal Grant Title
specified on this Grant, and such FY 2014 FOA is incorporated by reference herein. Sub -recipient shall read, understand and accept the FY 2014 Funding
Opportunity Announcement as binding.
A. Standard of Perfmance. Sub -recipient shall perform all activities and projects entered into the DPS/THSSAA web -based grants management system which
are approved by DP5/ i H66AA. Any change to a project shall receive prior written approval by the appropriate local, regional and state -level grant
administratods). Sub -recipient shall perform all activities to accordance with all terms, provisions and requirements set forth in this Grant, including but not
limited to the following Exhibits:
Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A"
Assurances — Construction Programs, hereinafter referred to as "Exhibit B"
Certifications, hereinafter referred to as "Exhibit C"
State of Texas Assurances, hereinafter referred to as "Exhibit D"
B. Failure to Perform. In the event Sub -recipient fails to implement the projects) entered and approved in the DPSITHSSAA web -based grants management
system. or comply with any provision of this Grant, Sub -recipient shall be liable to DPSITHSSAA for an amount not to exceed the award amount of this Grant
and may be barred from applying for or receiving additional DHS/FEMAgrant program funds or any other grant program funds administered by DPS until
repayment to DPSITHSSAA 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.
3. Environmental Review
Sub -recipient shall assess its federally funded projects for potential impact to environmental resources and historic properties. Sub -recipient shall
submit any required screening forms) as soon as passible and shall comply with deadlines established by DPSITHSSAA. Timelines for the
Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for
environmental or historical impact. Sub-recfpient shall include sufficient review time within its project management plan to comply with EHP
Sub -recipient, as soon as possible upon receiving this Grant, shall provide information to DPSITHSSAA to assist with the legally -required EHP review and to
ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form
024-0-01 and submitting it, with all supporting documentation, to DPSITHSSAA for review. These EHP requirements include but are not limited to the National
Environmentat Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990— Protection of
Wetlands, and EO 12898 — Environmental Justice. Sub -recipient shall comply with all Federal. State, and local EHP requirements and shall obtain applicable
permits and clearances. See FEMA Information Bulletin 329,
Sub -recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar
equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground
disturbance, new construction, and modifications to buildings. Sub -recipient shall comply with all mitigation or treatment measures required for the project as
the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the
project can proceed. If ground disturbing activities occur during project implementation. Sub -recipient shall ensure monitoring of ground disturbance and if any
potential archeological resources are discovered, Sub -recipient shat QdjaieIy_oeuP rrmstriiinirn n that area and notify FEMA and the appropriate State
Historical Preservation Office.
4. Funding Obligations VOL,uv Pg. ,.�3
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 DPSlTHSSAA 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 DPSrrHSSAA to be an overpayment to
Sub -recipient or that DPS/THSSAA determines has not been spent by Sub -recipient in accordance with this Grant. No refund payment(s) shall be made from
local, slate or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation, Sub -recipient shall make such refund to
DPSrfHSSAA within thirty (30) calendar days after DPS/THSSAA requests such refund.
E, Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA's obligations under this Grant are contingent upon the
receipt of adequate funds to meet DPSrrHSSAA's liabilities hereunder, except as required by the Homeland Security Grant Program (HSGP). DPS/rHSSAA
shall not be liable to Sub -recipient for costs which exceed the amount specified in this Grant.
5. Performance Period
reimbursement requests and any invoices in the DPSfTHSSAA grant management system by the
not be obligated to reimburse expenses incurred or submitted after the performance period.
6. Uniform Administrative Requirements, Cost Principles and Audit Requirements
Except as specifically modified by law or this Grant, Sub -recipient shall administer this Grant through compliance with the most recent version of all applicable
laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A
non-exclusive list is provided below,
A. Administrative Requirements
1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the A-102 Common
Rule);
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit
Organizations (OMB Circular A-110).
3. 44 C.F.R. Part 10, Environmental Considerations
B. Cost Principles
1. 2 C.F.R. Part 225, Cost Principles for State. Local and Indian Tribal Governments (OMB Circular A-87)
2, 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A-21)
3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122)
4, 48 C.F.R. Subpart 31.2. Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations
C. Audit Requirements
OMB Circular A-133, Audits of States. Local Governments and Non -Profit Organizations.
D. Grant Guidance (Funding Opportunity Announcement)
Sub -recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2014 Funding Opportunity
Announcement and supplemental resources for the HSGP currently available at
hit,) Bwww ferns eovlmediafbrarydatail 395161200285-51b(1700456056217 175fbdee28d2b06e/FY 2014 HSGP FOA Final odf and the Nonprofit Security
hno/twwv fema oovlm dia-library-data/1396016700388-fb23d813b8d'Od8eabgg5c8f27cl ac3e/FY 2014 NSGP FOA Final Revised odf.
7. 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 14, 2011), which is incorporated by reference herein. DHS requires those standard terms and conditions which are approved
by the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awards:
w
hnp'/f w dhs. oovixlibrarv/assets/cfo-financial-manaoement-noliov-manual. poll.
Sub -recipient acknowledges and agrees, and shall require any sub -recipients, subawardees, contractors, successors, transferees, and assignees to
acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff,
1. Sub -recipient shall cooperate with any compliance review or complaint investigation conducted by DHS.
2. Sub -recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to
this Grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other
applicable laws or program guidance.
3. Sub -recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to
support the reports.
4. Sub -recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program
guidance.
5. If, during the past three (3) years. Sub -recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English
proficiency), sex. age, disability, religion, or familial status, Sub -recipient shall provide a list of all such proceedings, pending or completed, including outcome
and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English
proficiency), sex, age, disability, religion, or familial status against Sub -recipient, or Sub -recipient settles a case or matter alleging such discrimination,
Sub -recipient shall forward a copy of the complaint and findings to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
8. 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 k vel-t4bal.or-egwvalent.Opwation .Order-or-F.rag entary Order has been
Vol. '�' Pg. 0'?fZd
reviewed and approved by official notification by FEMA and Customs and Border ProtectionlBorder Patrol (CBPIBP). Each Operations Order will be
transferred via the secure portal (CBPIBP) BPETS system from each respective AOR Sector HQ to CBP/BP HQ in Washington, D.C., for review and
pre -approval for Operational continuity, then forwarded to FEMA GPDIPGD OPSG Program Office for final reviewlapproval. Official notification of approval will
be sent by FEMA via email to DPSITHSSAA and CBP/BP HQ in Washington, D.C.
i. Sub -recipient shall develop and submit required operational documents through the border area's Integrated Planning Team.
2. Sub -recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which will articulate the intent of
how OPSG funds will be used throughout Sub -recipient's Grant performance period.
3 If Sub -recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request for an overtime
waiver shall be submitted through the Integrated Planning Team.
4. Sub -recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan.
5. Sub -recipient shall only initiate tactical operations after the specific Operations Order(s) are approved through the Border Patrol Headquarters and by
FEMA, and the DPSfTHSSAA has issued a Grant Sub -recipient Award or Grant Adjustment Notice (GAN) to the jurisdiction.
9. State Requirements for Grants
Sub -recipient shall 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
htt /twww tudi s.state.tx usldirectcr staff/saahnformation bulletins him, Texas Uniform Grants Management Standards (UGMS) at
turn U rww.window.state.tx.u51mocurement/cafrad/ugms.adf and the State Administrative Agency Sub -recipient Manual, available at
hits://www.txdos. state nr usli iret or staff/saa/documents/subrecioientManu al 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 this Grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, unless the law
enforcement agency requesting this Grant is in compliance with all rules developed by the Texas Commission on Law Enforcement (COLE) or TOOLE certifies
that the requesting agency is in the process of achieving compliance with such rules.
2. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an
academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party.
3. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied:
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, which prohibits using any money or vehicle to support the candidacy of any person for
office; influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose and 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, which prohibits using Grant funds to compensate any employee who uses alcoholic
beverages on active duty and 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;
J. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Sub -recipient to make every effort to attain key performance target levels
associated with this Grant, 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, which requires that this Grant may only be
expended if Sub -recipient timely completes and files its reports.
10. 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. Lobbying Prohibited. No funds shall be expended by Sub -Recipient to pay any person to influence, or attempt to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action
concerning the award or renewal of any Federal contract, grant, loan, or 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, UASL and OPSG) without a properly
executed GAN.
D. Federal Emnlovee 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. Cos; Categories. There may be limitations on the use of HSGP and/or NSGP funds for the categories of costs listed below. For additional details on
restrictions on the use of funds, refer to the FY 2014 HSGP or NSGP FOA, Appendix C. Funding Guidelines.
1. Management and Administration
2, Planning
3. Organization
4. Equipment
5. Training
6, Exercises
7. Maintenance and Sustainment
8. Critical Emergency Supplies
9. Construction and Renovation
F. Governing Board Approval. In cases where local funding is established by a Council of Government (COG) or an Urban Area Security Initiative (UASI)
governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing board.
G. Notices. All notices or communications required or permitted to be given by either Party hereunder shall be deemed sufficiently given if mailed by
registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Lone Star, to the other Party at its respective
VOL z55 Pg,. �/I
address. For notice to DPSITHSSAA see address set forth below. For Sub -recipient, see the address listed on the Grant Sub -Recipient Award page or Point of
Contact address listed for the Sub -recipient in the DPSrrHSSAA Grants Management System (SPARS).
Texas Homeland Security State Admin.
Agency
Texas Department of Public Safety
Box 4087
n, TX 78773-0220
H. Points of Contacts. Within 30 calendar days of any change, Sub -recipient shall notify DPSrTHSSAA of any change or correction to the chief elected
official, program, and/or financial points or contact in the DPSrfHSSAA grant management system.
I. DUNS Number. Sub -recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is
the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866f705-5711 or
h1p'/1fed oov. d n b. comAweMorm.
J. Central Contractor Registration and Universal Identifier Requirements. Sub -recipient maintains that it has reggistered on the System for Award
Management (SAM) at www sam.eov, or other federally established site for contractor registration, and entered D0171 -required information.
Sub -recipient shall keep current, and then review and update the information at least annually. Sub -recipient shall keep information current in the SAM
database until the later of when it submits this Grant's final financial report or receives final Grant award payment. Sub -recipient agrees that it shall not make
any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section .210 of OMB
Circular A-133, Audits of States, Local Governments, and Non-profit Organizations.
K. Indirect Cost Allocation Plan. Sub -recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by Cognizant Agency to
DPSfTHSSAA within 30 calendar days of the approval. "Cognizant agency" means the Federal agency responsible for reviewing, negotiating, and approving
cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant
agencies at i /IhaNester.census.gov/sac/dissem/asr)trepor&s asp, Unless the basis of the cost plan changes, Sub -recipient only needs to forward the
annual Indirect Cost Rate approval letter to DPSrTHSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans
and approval letters shall be emailed to
SAA RRec ps.lexa5.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 wr✓w.sani 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 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 or NSGP reimbursements from DPSITHSSAA within the past eleven (11) months (prior to date of
award), it shall (onward a new/updated direct deposit form to DPSITHSSAA. Completed direct deposit forms from Sub -recipient shall be emailed to
SAA RRrrDdps.texas.gov. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. "Sample
County DO form"). The direct deposit form is currently available a; h tp'//www.vrindow.sta'e.n' us/tazinfortax?ormsR4-176.pdf. Sub -recipient may
simultaneously sign up for the Advance Payment Notification (APN) email eature which provides State of Texas Dayees with a one -business -day advance
notice that a direct deposit payment has been sent to its financial institution. After receiving an APN, a payee may securely access its payment details online.
N. Procurements. Sub -recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive
solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 44 C.F.R. §13.36.
O. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 44 C.F.R. §13.37(b),
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,
P, No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds awarded under this Grant,
Sub -recipient shall determine whether the vend or/subawardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by
any federal department and agency and shall confirm the vendor/subawardee does not have any active 'Exclusions' by reviewing the vendor/subawardee
entity information at hags 11wwr sam.go0cortal/clubllc/SAM/.
O. Management and Administration, If this Grant includes a specific award of funds to Sub -recipient for management and administration (M&A),
Sub -recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A, refer to Information Bulletin
365 located at
hrpdhvw%v.fema.eov/grants/g rant -programs -directorate -information -bulletins.
R. Personnel Cap. Up to fifty percent (50%1 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 110412). 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 DPSITHSSAA at
SAArcDdps.texas.gov. Requests for waivers shall be submitted on official Sub -recipient letterhead and be signed by an authorized official of Sub -recipient.
Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379.
S. Property Management and Inventory. At least every two (2) years, Sub -recipient shall take a physical inventory and shall reconcile the results with
property records. Sub -recipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or
other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the
cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the
property. (See sample equipment inventory record format at
hho lAwww txdpsstate ,tx. us/director staff/saa/audit and comoliance.htm) Sub -recipient shall develop and implement a control system to prevent loss,
damage or theft of property and Sub -recipient shall investigate and document any loss, damage or theft of property funded under this Grant.
T. Publications. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine, journal, or trade paper,
shall include the following statement: "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 use of Federal funding when issuing
statements. press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal
funds,
Vol.
V. Use of DHS. DPS. and DPS/THSSAA Seals and Non -Endorsement. Sub -recipient shall obtain DHS, DPS, or DPS/THSSAA's prior written approval before
using any of these agencies' seal(s), logos, crests or reproductions of Flays or likenesses of agency officials. Funding of this Grant does not equate to
endorsement of use of funding agencies' seals, logos, crests, etc., including use of the United States Coast Guard seal, logo, crests, or reproductions of Flags or
likenesses of Coast Guard officials.
N1. Copyright Sub -recipient shall comply with requirements regarding publications or other exercise of copyright for any work first produced under Federal
financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information
or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or
containing data first produced under this Grant, including those works published in academic, technical or professional journals, symposia proceedings, or
similar works, Sub -recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform.
disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. Sub -recipient shall affix the
applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first
produced under this Grant.
Further, Sub -recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use. for government purposes: (1) the copyynght in any work developed under an award or
sub -award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases ownership wnh 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 Renorts. 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) calendar day after the end of each calendar
quarter: January 20, April 20, July 20 and October 20, or as otherwise specified or required by DPS/THSSAA. DPS/THSSAA may require other reports or
different timelines to meet federal reporting dates or to respond to information requests. Failure to timely complete a performance report will result in
Sub -recipient being unable to request additional reimbursements/advances and may affect future funding.
Y. Site Visits. DHS and/or DPS/THSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits to review project
accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on the
premises of Sub -recipient or a contractor under this Grant, Sub -recipient shall provide and shall require its contractors to provide all reasonable facilities and
assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be
performed in such a manner that will not unduly delay the work.
Z. Limited English Proficiency fCivil Rights Act of 1964. Title VII. Sub -recipient shall comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide
meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may
entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title Vl, Sub -recipient is
encouraged to consider the need for language services for LEP persons served or encountered In developing program budgets. Executive Order 13166,
Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients of
federal financial assistance, assisting such organizations and entities in understanding their language access obligations. DHS published the required guidance
in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited
English Proficient Persons. 76 Fed. Reg. 21755-21768 (April 18, 2011). The Guidance provides helpful information such as how a recipient of federal financial
assistance can determine the extent of its obligation to provide language services, selecting language services; and elements of an effective plan on language
assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at
and additional resources on nun'//www. leo. aov.
AA. Protection of Human Subieds. Sub -recipient shall comply with the requirements of the Federal regulations at 45 C.F.R. Part 46, which requires that
Sub -recipients comply with applicable provisionsAaw for the protection of human subjects for purposes of research. Sub -recipient shall comply with the
requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45
C.F.R. Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to
general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a
program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women,
and neonates (Subpart B); prisoners (Subpart C): and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is
not directly regulated by 45 C.F.R. Part 46.
BB. National Flood Insurance Act of 1968. Sub -recipient shall comply with the requirements of Section 1306(x) of the National Flood Insurance Act, as
amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that
is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent
collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are
codified at 44 C.F.R. Part 63.
CC. USA Patriot Act of 2001. Sub -recipient shall comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§175-175x. 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
Fvo
— , '— p9 X—
CAUSE NO. 2016CIO2730
WASHINGTON OF TEXAS PROPERTIES, LLP,
Plaintiff
V5.
TEXAS AUTO T S INC.,
STATE OF TEXAS COUNTY OF BRAZOS, AND
TEXAS ATTORNEY GENERAL, CHILD
SUPPORT DIVISION
Defendant
MOTION TO DISMISS
IN THE DISTRICT COURT
224TH JUDICIAL DISTRICT
BEXAR COUNTY, TEXAS
Now comes the Plaintiff, WASHINGTON OF TEXAS PROPERTIES, LLP, and respectfully moves the
Court to dismiss this cause, with prejudice, with each party to bear responsibility for the costs whieh it incurred, for
the reason that all matters in controversy have been compromised and there is no further need for the prosecution of
this suit against Defendant, STATE OF TEXAS COUNTY OF BI AZOS.
Respectfully St�����/
C
STEVEN F. WOOLDRIDGE
142 Ninth Street
San Antonio, Texas 78215
(210) 223-1443 tel.
(210)223-6372 fax
State Bar No. 21985300
stevenf@wooldridgelaw.com
Attorney for Plaintiff
Certificate of Service
I hereby certify that a true and correct copy of the foregoing Motion to Dismiss has been sent to BILL
BALLARD, attorney for Defendant, State of Texas Countv of Brazos, by fax at (979) 361-4312 on this -�2' day
of April, 2016.
STEVEN F. WOOLDRIDGE
vol.
CAUSE NO.2016CIO2730
WASHINGTON OF TEXAS PROPERTIES, LLP,
Plaintiff
vs.
TEXAS AUTO T S INC.,
STATE OF TEXAS COUNTY OF BRAZOS, AND
TEXAS ATTORNEY GENERAL, CHILD
SUPPORT DIVISION
Defendant
ORDER OF DISMISSAL
IN THE DISTRICT COURT
224TFI JUDICIAL DISTRICT
REXAR COUNTY, TEXAS
On this _ day of April, 2016, Plaintiff, WASHINGTON OF TEXAS PROPERTIES, LLP, appeared by
attorney and announced that the parties had resolved this suit and Plaintiff requested the case be dismissed with
prejudice as to the Defendant, STATE OF TEXAS COUNTY OF BRAZOS.
It is therefore Ordered and Decreed that this Cause be dismissed with prejudice as to the Defendant, STATE
OF TEXAS COUNTY OF BRAZOS, all costs taxed to the Plaintiff.
SIGNED this _ day of April; 2016.
APPROVED:
zz���
�� A
S�PEVEN F. V,`OOLDRIDGE
M2 Ninth Street
San Antonio, Texas 78215
(210) 223-1443 tel.
(210) 223-6372 fax
State Bar No. 21985300
Attorney for Plaintiff
JUDGE PRESIDING
--Witt:ialF1 D Bf�bLA.RD, JR
300 E. 26`x' Street, Suite 325
Bryan, Texas 77803
(979) 361-4300 tel.
(979) 361-4312 fax
State Bar No. 01653550
Attorney for Defendant,
State of Texas County of Brazos
Vol.
CAUSE NO. 1410-92
THE STATE OF TEXAS
VS.
DAVID WAYNE MCCOOK and
JOSEPII MILES
IN THE COUNTY COURT
AT LAW NO. 2
BRAZOS COUNTY, TEXAS
PARTIAL RELEASE OF JUDGMENT
On May 7, 2001, the Plaintiff, THE STATE OF TEXAS, recovered ajudgment against the Defendants,
DAVID WAYNE MCCOOK and JOSEPH MILES, in the County Court at Law No. 2, Brazos County, Texas,
in Cause No. 1410-92. This judgment was for $10,000.00, attorney's fees, plus costs of Court.
An Abstract of thisjudgment was made and appears in the Records of the county clerk, at Volume 9003),
Page 448-450 of the Official Public Records of Real Property of Bexar County, Texas.
TI IE STATE OF TEXAS is the legal owner and holder of the above describedjudgment and for good
and valuable consideration, has elected to release DAVID WAYNE MCCOOK in regards to the real property at
1802 E. Commerce in San Antonio, Texas 78203, being further described as: Lot 1, New City Block L387 in
the city of San Antonio, Bexar County, Texas.
NOW THEREFORE, the Plaintiff does hereby releases DAVID WAYNE MCCOOK as to the property
described herein and f}om alljudgment liens. Thejudgment and all other liens will continue in full force and
effect.
Dated: � 12016.
By:
THE STATE OF TEXAS
County Attorney
State of Texas
County of Brazos
j s ins1 r^ument was, acknowledged before me on the )�gt1day of 2016 by
�a{-C7 __ , a county attorney for The State of Texas.
°'�o�+.,, B
ETHANYM � (�
�
Notary Public Stato £Texas
:y=
"^'+rFa��e±PF 19
Vol. sJV pg. 1UZ
10
BRAZOSCOUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT Road and Bridge DEPT. NUMBER 56001000
DATE OF COURT MEETING: April 12, 2016
ITEM: Consider and take action on the Final Plat of Polo Estates. Block L Lots 1-22: 0.101
Acres R.O.W. Dedication: Being a Replat of Foxworth Subdivision, Block 1, Lot 1 ; 34.069
Acres Measured. Called 34.082 Acres: Volume 6050, Page 67; T. Henry Survey.
A-132 and John Payne Survey, A-195; (College Station ETJ) Brazos County, Texas. Site is
located in Precinct 1
SOURCE OF FUNDS: N/A
NOTES:
• Owner/Developer: Get Real, LLC
• Engineer/Surveyor: Schultz Engineering/Kerr Surveying, LLC
SUBMITTED BY:
i
R. Alan Munger, P.
County Engineer
APPROVED BY:
(.,�(.L/
Commis ioner Lloyd Wassermann
Precinct 1
This Request is [ APP VED / ENI[7]C tE issioners' Court
Duane Peters, County Judge
Li++,a1
Date
Vol. Pg._�
Application for Development Ounce use Only.
Brazos County Subdivision and Development Regulations
Brazos County Engineering Department
2617 Hwy 21 West, Bryan, Texas 77803
(979)822-2127
Master Plan_ Final Plat V/ Re -Plat _ Amending Plat
Property Description
Read location: P.le Estates Subivisi.n
Legal Description: , T liwa Survey. A-132 and J.hn Payr. Surrey A 195
Subdivision Description Resldenhal s.bdmision
Subdivision Name: Polo Estates Subdivision
Total number of lots: 22 Total Acreage: 34069--,
Property Owner
Ownername(s): Go, Foal, LLC
C=nt mailing address: 3650 C.ry.mt. Center Drive
Phone number(s):
Applicant or Authorized Agent, Engineer or Surveyor
Name and Add qs: Get Real, LLC - Louis A Maleoheck, III, 3050 Corpoma Center Dtive, Bryan, T% 77802
Phone ntunber(Sy 979-77b93r0
Name and Address: Schultz Fngireering, LLC - Joe St:Wl 2730 L.narniro Driver. Suite A. toll... Station Tx 77845
Phone number(s): 979464-3900
Application Is for
Residential (,7 Mobile Home Park () Commercial ( )
Other ( )
Is any of the property located in a Floodplain or Flood Hazard areal (yes/no)
Actnowtedgntat: The flood hazard boundary naps said other Good data used by Brans Cowry in eVatuating flood beards to
p.oposed developmeataare considered rrasoneble and awuate for tegulatory pwp= and all based on the belt available scimaliic
and engineering data. On rue ocasions greater Goods an and will coal and flood heighu may be increased by man-made m natural
caal issuaaa: ora Fkxdpinin Permit in accordance with the Brains County Flood Dung Prevention Ordinmr7e does not imply
dint development outside the rias of sp=W flood hoard will be Gee from flooding or flood damage Latnince or permit shall rad
news liability on due pert of Bram County or any of l= a employee of &ams County in the event flooding w Good dimal does
accts.
is part oral] of the property within an ETJ of a City? res (yes/no)
Will any construction occur in TxDOT right -of --ways? n. (ycslno)
Application Check List:
Copies of finished plat with corrections (if any):
,o 9 copies to Brazos County
0 One (1) copy to Brazos County Health Dept.
0 One (1) copy to Brazos County 911
0 One (I) copy to local Witter District or Company
Letters of approval (to be sent by the approving institution directly to Brazos County Engineering):
0 Letter from Brazos County Health Dept — For onsite sewage evaluation.
0 Later from Brazos County 911 — For road names.
0 Latter from Water District or Company. — Stating water availability, etc..
If property is within an ETI of a city:
0 Approval notification from appropriate city.
Applicant attest that they have signed this application in the capacity designated if any, and further awls
that they have read document and the statement contained herein and any Attached are hue and factual. All
applicants ere encotvaged to review the County Regulations prior to any plat submittal. It is understood that
this application is not finished or dated until all documents listed above are filed at the Brazos County
Engineering Office and all applicable blanks are filled in the application above.
Applicant's Signature Date
County Witness
Date
FVO
. _ P"-�—I–L
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
DEPARTMENT: Road & Bridge
MEETING DATE: April 12, 2016
SUBJECT: Utility Permit — Wickson Creek Special Utility District
Consider and take action on the Wickson Creek Special Utility District utility permit
to construct a road bore fora 1 -inch water line crossing under Bird Pond Road 4,765
feet southwest of SH 30. Crossing will be encased and be a minimum of 36 inches
under the bottom of the ditch. Line will provide service to customer at 4024 Bird
Pond Road. Site is located in Precinct 2.
SUBMITTED BY:
0l
Darrell W. Kolwes
Right of Way Agent
This
Duane Peters, County)udg�'�
f
DATE: I 11211
OWLEDGED BY:
Precinct 2
Commissioners' Court
APPLICATION FOR WATER UTILITY PERMIT
DESIGNA'T'ING 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, cones now WICKSON CREEK SPECIAL UTILITY
DIS"fRICT [company name], hereinafter referred to as "Company" a TEXAS UTILITY
[state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized
representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate
a gas facility tinder, over, across and/or along certain County Roads as shown on drawings and diagrams attached
hereto and said location described as follows:
Facilitv to Cross Road
Length of TYPE OP CONSTRUCTION
Road Name & Block Number Crossin" CHECK ONE)
Bored
Jacked Driven Cased
_
BIRD POND ROAD 60' X
X
Facility to Parallel County Road Within Riaht-0f--Wav
Road Name and Block
Number From To De th Distance
CONS'T'RUCTION TYPE
Y, Diameter Wall Thickness 11/2" Encasement Pipe
Material Specification
Maximum Operation Pressure 80 PSI
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within I working days. (COMPANY MUST FILL IM. If such
construction is not begun by the 60a' day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
Vol. _ 3 .
pg. -2
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 Hiles of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with
installation requirements .sel forth herein (i.e. dept/, location, etc), Company assumes all financial responsibility far
Hama, es and/or destruction of lines, ambles, etc. based apon its failure to comply with Brazos County requirements.
Applicant agrees that ifBra,os County demonstrates a violation: of the terns of this policy, Applicant stipulates that
requisites for injunctive relief ecist 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 revolve this permit at any time, in the sole
discretion of Brazos County, for interests of public health, safety or welfare, orfor failure to repair any damages
upon demand, or for any other reason deented 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 connpliance. The Counly Engineer firther retains the right to revoke
this Permit by verbal notifucatianh to the Applicand/Company.
Failure to obtain this perunit and/or notify the County Engineer's Oj ice within 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit.
WICKSON CREEK SPECIAL UTILITY DISTRICT
Company Name
Signature
GENERAL MANAGER
Title
P.O. BOX 4756
Address
BRYAN. TX. 77805
City State Zip
(979)589-3030
Phone Number
watston@wicksoncreek.com
Email
Vol. _J_✓ — p,. 2—__ 1
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 J — a q — 1(� except as noted below:
(Month/Day/Year)
EXCEPTIONS: A I
.�6rBrazos County Engineer
Vol. �,3'v pg._ �S
C.
M-9 DF4f,.Vy
acv
M _
W
Vol. Pg,,�
n
r -i
_i
W W
LE
u
i i _]
-_i c]
LL J
F- LL
W
J
i -i CCI
(_; J
LL LL
i;l LL
i- W "-
=i_ H
W
_ W
LL W
W W
u [i J
= c]
LL
- _ LL
Ic
i I
12.1
LL_ _
rr W
i=i W
W ~
r'.
LL u
-f
u = [1J
- 1:1
irl J J
LL IL LL
W
D Cj ci
LL H J LTJ
- LL 7
W
t'J i.-ri
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job_ All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Penuittee must take such precautions and measures; including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved
by the County Engineer.
C. Traffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific ni hg_ttime traffic
control measures pursuant to the TMUTCD;
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right-of-way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for the job.
D. Design StanrlarrG
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code,
Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depthsutilitymay place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60 feet.
4. Water Lines: All water lines must be a minin um 36 -inches below the ditch flow line and cased.
Waterlines shall be cased if crossing tinder 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 if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
Vol.- gJ/— . pg. c jC
c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints.
3. 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 S 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. Ernereenev 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
,7�
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 grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 10' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
Vol. __ .',4 1 Pg'���J
oSSMrbB.ye
F
— _ _ —
F°–Iv-TWIN _—.—.—_—_�._____—_—_—
+55
uI
o.z
----7
a
M
v'x
wl
wa °s
d
gsEx
a
as
eS6
5
'I"
i�EYx _�oRo�� _Co
K^
LIF z
m�e
oSSMrbB.ye
F
— _ _ —
F°–Iv-TWIN _—.—.—_—_�._____—_—_—
uI
o.z
----7
a
M
v'x
wl
wa °s
a
J ai
i�EYx _�oRo�� _Co
ZaS�
cYYJ
o
•a' �o Sagao�E``
g P3
cs<P
L•
N
r_s42
s ,
oSSMrbB.ye
F
— _ _ —
F°–Iv-TWIN _—.—.—_—_�._____—_—_—
uI
o.z
----7
a
M
v'x
wl
wa °s
oSSMrbB.ye
F
;'°atb. �,.ro... °.,kb`S7'.=.°a'.'°=.i"'Sa
Vol. � � �'g. 'r _5-1
- 9
a
;'°atb. �,.ro... °.,kb`S7'.=.°a'.'°=.i"'Sa
Vol. � � �'g. 'r _5-1
- 9
DEPARTMENT:
MEETING DATE:
SUBJECT:
BRAZOS COUNTY
COMMISSIONERS' COURT
ACTION FORM
Road & Bridge
April 12, 2016
Private Property Access
Request permission to enter private property owned by Douglas E. Payne located on
House Estate Road 575 feet Southeast of House Cemetery Road. Project will require
the County to clean out drainage channel and reshape back slopes to improve drainage
flow. Site is located in Precinct 2.
SUBMITTED BY:
Darrell W. Kolwes
Right of Way Agent
This request is
Duane Peters, County
Date:
I
by
Court
I2
��Ri OF
i's31'— �tfJ l:
Mf:
Tr nF �
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
R. Alan Munger, P.E.
Brazos Coolly Judge
County Engineer
Brazos County Road 8 Bridge Dept
Lloyd Wassermann
2617 Hwy 21 Wes'
Commissioner Pct, 1
Bryan, Texas 77803
Office: 979-822-2127
Sammy Catalena
Fax 979-775-0453
Commissioner Pct. 2
ramunger@brazoscountytx.gov
Kenny Mallard
Commissioner Pct. 3
Irma Cauley
Commissioner Pct. 4
OWNER(S): Douglas E. Payne
Il. ADDRESS: 2400 E. Briargate Drive
Bryan, Texas 77802-2163
III. LOCATION OF WORK: 575 feet SE of House Cemetery Rd. on House Estate Rd.
R347602 — Mary Lawrence Sy., A-30, Tract 4.2, 84.7 acres
IV. DESCRIPTION OF WORK: Project will clean out channel and reshape back slopes to
improve drainage flow.
Additional Comments:
V. MAINTENANCE: Yes
No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the
above mentioned private property for roadway maintenance purposes.
Owner's Signature: v Date: 1�
A,),�L
s E. aYne
J61� X, P�,E-
R. Alan Munger, P.E. Darrell Kolwes
County Engineer y Right of Way Agent
Vol. �.� Pg, ���
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2015-2016 BUDGET YEAR
NO.15/16 29.1-29.5
On this the 11 th day of April 2016 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 11th day of April 2016 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 8 September 2015, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 1 I th day of April 2016.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
R
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 29.1
HNrrr_WAR
FUNDI DIV I ACCT I PROJ I DR/CRI ACCOUNT NAME I Increase Decrease
4500 63000500 50390000 CR ( Vehicle: 845.00
4500 6:000500 I 80893500 I DR Vchicic> - SO 345.00
I I I I I I I
I I I I I
I I I I
I I I I
I I I I I
I I I I I I
I I I I
I I I I I
I I I I I I I
I I I I
I I I I
I I I I I
I I I I I
! I I I I
I I I I I
I I I I I I I
I I I I I
I I
I I I I I I
General Capital Int rurement- SO
i
Reallocation of finds to the prop cr account Ibr the uninstzlllinstall of et ui pmem, tintinu and �^anhica far attot units.
I
I I I I
I I I I
I I I I
I I I I
I I I I I
Vol. _ o 7X Pg.. j �3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 29.2
411112016
FUND DIV ACCT PROJ DR/CRI ACCOUNT NAME
Increase I Decrease
1 3500 1? t 130000 1 61130000 CR Contin,encv
I 5 49.571
3500 1 21130000 602 i 1000 DR Iso@e'are - No Tae
500.001
3`001 271300001 67255000 DR E ui menu -Electronic
1.315.001
3500 21130000 50205000 DR Com liter - Ketmork Cots
6,529.31
! I
I
I I I I !
I I I
I I I
I I
I I I I
I
I I I
I I I
I I I I
I
I I I I
I !
i f I I I
I
I I
I I
I I I Imo—
I
I I I I I I
I I
I I I I
i
I I
I
I I I I
County Clerk Elections Sen iccs I I
I
Reallocation of fund, to the PF011el sccount; Cor the 11CMoi k cablin., cost for the NIHD'IR Building that will house the Elections Divi>ion.
1 �
1 I ! !
1 !
I
I i ! ISI I
VOL __ iL� Pa._ ��
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15/16 - 29.3
4/11/2016
FUND! DIV ACCT PROJ DR/CRI ACCOUNT NAME I Increase i Decrease
-
0100 6001000 1 50716000 I I CR Road - capital 11 230.000.00
10100 66001000 63670000 I DR R & B - %Iaintenance - General 1 250,000.001
I I I I I t
I I I I I I
I I I I I I
I i I
I I I I I I I
I I I I I
I I I
1 1 I 1 1 I I
I I I I I
I I I I I
1 I 1 I I i i
I I I I I I I
I I I I
R & 13 Ad mi n
Reallocation eFfundis to the proper accounts to a >ort es enses for the remainder of Pti' 16.
I I I I
I i 1 I 1
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 29.4
411 112 0 1 6
FUNDI DIV I ACCT I PROJ I DR/CRI ACCOUNT NAME Increase Decrease
0100 25000100 1 60360000 CR Fumivue Ll9:.i1
01001 ^_S000100 67342000 ( DR Furniture 1,193.71
I I I I I I
I I I I I I I
I I I I I I
I i I I I I I
I I I I I I I
I I I I I I
I I I I I
I I I I
I I I I I I I
I I I I I I I
I I I
I I I I I
I I I I I I
I I I I I I I
I I I I I I I I
I I I I I
I I I
I I I I I I I I
ISO - Admin
Reallocation of funds to Purchase a chair for the Shc rriff.
I I I I
I I I I I
I I I I I I I
I I l I I I I
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 15116 - 29.5
4111/2016
FUNDI DIV ACCT PROJ DR/CRI ACCOUNT NAME Increase I Decrease
4500 63000001 802,6000 CR Equipmem-Other 12,500.001
4500 6300000 6502000 DR (Carpentry S. Building Repair 12,500.00
I
I I I I I
I I I I I
I I I
I I I
I I I I
I I I I I
I I I I I I
I I
I I I I I I I
I I i 1 I I I
I I I I I
I I I I I I
I I I I I I
i I
I I I
General Capital lmprocement- Braze, Center
Reallocation of fund, to the correct accormt to P91nt the exterior walls of the Brazos Center.
1 1
I I I I I
I I
I I I I
I I I I I I
I I I
I I I
�VOI:J'___ Pg.,
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: April 12, 2016
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
JP PCT 2 Ruland, Susan Resignation
Juvenile Services — Detention
Ocampo, Pedro
Step Increase
Juvenile Services — TJCP State Aid
Pierce, Billy
Transfer w/in Dept.
Records Management
Yeppez, Marco
Termination
Sheriff's Office — Detention
Knight, Phillip
New Hire
Shelton, Windy
Transfer Win Dept.
Tax Office
Alejandro, Jodi
Step Increase
Brunson, Kristina
Promotion
Caldwell, Michelle
Step Increase
Hitchcock, Karlis
Step Increase
Pankonien, Jolene
Step Increase
Wilkins, Vicki
Promotion
Approved in Commissioners' Court: April 12, 2016
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
IG
Vol. __�3y f'g, << �� t
ORDER OF THE BRAZOS COUNTY COMMISSIONERS COURT
WHEREAS, Brazos County supports the Second Amendment to the United States
Constitution and legislation providing for the open and concealed carrying of handguns; and
WHEREAS, the Brazos County Courthouse is owned by Brazos County and houses various
Brazos County entities including: (1) a Justice of the Peace court, (2) an Attorney General Child
Support Court and offices utilized by the Court and the Attorney General (3) Three District
Courtrooms and associated offices, (4) District Clerk, (5) County Clerk. (6) Collections Department,
(7) County Attorney, (8) Family Violence Department, (9) Brazos County Constable's Office; and
WHEREAS, as required by Section 46.03 of the Texas Penal Code, Brazos County prohibits
weapons from being carried in the Brazos County Courthouse by persons other than peace officers
and those otherwise specifically authorized by statute to carry a weapon onto the premises of a
court. This prohibition has been in effect for many years and was not changed during the recent
legislative session; and
WHEREAS, Brazos County has installed signs at the Courthouse notifying the public that
weapons are not allowed, and, specifically notifying handgun licensees that they cannot bring their
handguns into the Courthouse; and
WHEREAS, Brazos County received a letter dated March 30, 2016 from the Texas
Attorney General's Office demanding that these signs be removed, and warning that if they are not
removed, the County could be held liable for civil penalties under Section 411.209 of the Texas
Government Code; and
WIIERF.AS, the Attorney General's basis for demanding the removal of the signs was his
interpretation of Texas Penal Code Section 46.01(a)(3) that "on the premises of a court or offices
utilized by the court" did not include the entire building known as the Brazos County Courthouse;
and
WHEREAS, the legislative history of the Texas Penal Code, Section 46.03(a)(3), clearly
establishes the legislature's intent that "on the premises of a court or offices utilized by the court"
was intended to mean a courthouse or any building housing a court; and
WHEREAS, there is a need to protect the safety and security of citizens entering the
Brazos County Courthouse and obtain court relief from the Attorney General's demand that
weapons be allowed in the Brazos County Courthouse.
NOW, THEREFORE, BE IT ORDERED BY THE BRAZOS COUNTY COMMISSIONERS
COURT THAT:
The Brazos County Attorney (as assisted by local counsel) is authorized to file such
litigation or to defend such litigation as the Brazos County's legal counsel believes in his
Order # 16-004
Vol.
)-3- pg,
professional judgment is necessary to protect Brazos County's rights and obligation to provide a
safe, secure environment for the courts and all participants in the judicial process, to protect Brazos
County from the threatened actions of the Attorney General, and to clearly establish Brazos
County's authority and responsibility to restrict handguns from being brought into its Courthouse.
PASSED THIS DAY OF APRIL, 2016.
Duane Peter
County Judg,
Commissioner Lloyd Wassermann
Precinct I
Commissbqjer Kenny llard
Precinct 3
Attest::
C h �C/Ze 4��
aren McQueen
County Clerk
Order # 16-004