HomeMy WebLinkAbout2017-02-06 10:00AM REGULAR MEETINGI'
BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND iAGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON FEBRUARY 6, 2017 AT 8:30 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 Cauley.
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-14:
3. Request from the Information Technology Department for out-of-state travel for Eric
Caldwell to attend the TriTech Conference in Las Vegas, Nevada; date of travel
is February 26 — March 1, 2017.
4. Request to remove Kristy Roe, Voter Registrar, Karen McQueen, County Clerk and
Jason Poyser, former Democratic Chairman from the Vote Center Committee and add
Trudy Hancock, Election Administrator and TC Langford, Democratic Party Chairman to
the Vote Center Committee.
5. Authority for the County Judge to sign FEMA Public Assistance Grant for BZ0001 B -
Emergency Protective Measures.
6. Approval of Interlocal Government Agreement with Emergency Services District #4 to
hold a May 2017 Special Election.
7. Renewal of Contract #17-272R for Motor Grader, Blades with Valk Manufacturing
Company.
8. Renewal of Contract #17-274R for Hydro -mulch Seeding of County Right of Ways with
Britten Hydroseeding, previously known as 20161147.
9. Approval and adoption of Regulations of Brazos'County, Texas, for the Construction of
`Vol. �c �_ Pg. / t�
Driveways and Culverts in County Easements and Rights Of Way.
10. Tax Refund Applications for the following:
• a. Charles & Janice McAdams -overpayment -$200.00
• b. BNT of Texas LLC -overpayment -$180.00
• c. Jesse Sandle-overpayment-$20.95
• d. Jose Uglde-overpayment-$11.64
11. Commissioners Court minutes for the following dates:
• a. January 3, 2017 - Regular Meeting
• b. January 10, 2017 - Regular Meeting
• c. January 17, 2017 - Regular Meeting
• d. January 24, 2017 - Regular Meeting
• e. January 31, 2017 - Regular Meeting
12. Budget Amendments.
Budget Amendments FY 16/17 19.1 - 19.4
13. Personnel Change of Status.
Personnel Action Forms
14. Payment of Claims.
15. Acknowledgement of monthly reports submitted in January 2017.
16. Sheriff's report on inmate population
17. Announcement of interest items and possible future agenda topics.
18. Call for Citizen input and/or concerns
19. Adjourn.
Vol. ;V 7. Pg. /,F-17.
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 Brams County Commissioners Court is a Constitutional
Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a
Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation
under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular,
Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,
and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the
Court. Those members of the public who are Inappropriately attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of
the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or
group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity
of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly,
profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such 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. However, responses
from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without
notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge
and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing
policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act 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. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available. Any request to i r sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361-4102.
Vol. ` Pg.
MINUTES
FEBRUARY 6, 2017
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 8:30 a.m. on Monday,
February 6, 2017 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Steve Aldrich, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Nancy Berry, 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 Cauley.
2. Call for Citizen input and/or concerns
There was no citizen's input.
Consider and take action on agenda items 3-14:
3. Request from the Information Technology Department for out-of-state travel for Eric
Caldwell to attend the TnTech Conference in Las Vegas, Nevada; date of travel
I
is February 26 — March 1, 2017.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
4. Request to remove Kristy Roe, Voter Registrar, Karen McQueen, County Clerk and
Jason Poyser, former Democratic Chairman from the Vote Center Committee and add
Trudy Hancock, Election Administrator and TC Langford, Democratic Party Chairman to
the Vote Center Committee.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
5. Authority for the County Judge to sign FEMA Public Assistance Grant for BZO001 B -
Emergency Protective Measures.
A copy of the grant is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
6. Approval of Interlocal Government Agreement with Emergency Services District #4 to
hold a May 2017 Special Election.
A copy of the agreement is attached.
Motion: Approve, Moved by Commissioner Irma, Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
Renewal of Contract #17-272R for Motor Grader Blades with Valk Manufacturing
Company.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
Renewal of Contract #17-274R for Hydro -mulch Seeding of County Right of Ways with
Britten Hydroseeding, previously known as 2016-147.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry,, Catalena, Cauley, Peters.
Vol. P9.
I
Approval and adoption of Regulations of Brazos County, Texas, for the Construction of
Driveways and Culverts in County Easements and Rights Of Way.
A copy of the Brazos County Regulations is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
10. Tax Refund Applications for the following:
• a. Charles & Janice McAdams -overpayment -$200.00
• b. BNT of Texas LLC -overpayment -$180.00
• c. Jesse Sandle-overpayment-$20.95
• d. Jose Uglde-overpayment-$11.64
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
11. Commissioners Court minutes for the following dates:
• a. January 3, 2017 - Regular Meeting
• b. January 10, 2017 - Regular Meeting
• c. January 17, 2017 - Regular Meeting
• d. January 24, 2017 - Regular Meeting
• e. January 31, 2017 - Regular Meeting
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
12. Budget Amendments.
Budget Amendments FY 16/17 19.1 - 19.4
19.1 Transfer funds from Non -Departmental to Jail -Administration.
19.2 Reallocate funds for Brazos Center.
19.3 Reallocate funds for Justice of the Peace, Precinct 3.
19.4 Reallocate funds for Bail Bond Board Fees.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
13. Personnel Change of Status.
Personnel Action Forms
A copy of the Personnel Change of Status requests is attached.
Vol. P9. /f%
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters.
14. Payment of Claims.
Claims 7152433-7152664
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley,
Peters.
15. Acknowledgement of monthly reports submitted in January 2017.
The Court acknowledged receipt of the Extension Service reports submitted in January
2017 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
16. Sheriff's report on inmate population
Deputy Kevin Stuart stated there were 644 inmates in jail, 565 inmates are male and 79
are female, 35 have electronic monitors, 20 are pending for monitors and 18 have
monitors with bond conditions.
17. Announcement of interest items and possible future agenda topics.
There were no announcements.
18. Call for Citizen input and/or concerns
There was no citizen's input.
19. Adjourn.
F
1 L Pg. /,9;0
The foregoing minutes of the Commissioners Court meeting held February 6, 2017 have
been examined and are approved in open Court this $--h day of
2017, in Bryan, Brazos County, Texas.
Duane Peters
County Judge
Commissioner, Precinct 4
Attest:
--,4AZ
Steve Aldrich
Commissioner, Precinct 1
Commissioner, Precinct 3
County Clerk
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TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001
5121424.2000
.'E z
www.dps.texal.gov
T 5
STEVEN C. WeRAW COMMISSION
DIRECTOR A CYNTHIA LEON, CHAIR
DAMDO. BANEft - 'MANNY FLORES
ROBERT J. BODISCH, SR. STEVEN F. MACH
DEPUTY DIRECTORS - RANDY WATSON
January 24, 2017
The Honorable Duane Peters
County Judge, Brazos County
200 S. Texas Ave., Ste. 332
Bryan, TX 77803
DUNS Number: 052960341
TINS Number: 17460004330
FIPS Number: 041-99041-00
RE: Public Assistance Grant, 4272, Severe Storms and Flooding
Catalog of. Federal'Domestic Assistance (CFDA) Number: 97.036
FEMA Projecf N umber: PA-06-TX-4272-P1N-227,
Project Title: BZ0001 B = Emergency Protective Measures
Period of Performance: 06/11/2016 to 12/11/2016
A Public Assistance subgrant has been awarded by Texas Division of Emergency
Management (TDEM).
PA -06 -TX -4272- PW -227
Version 1
Total Subgrant
Fodcral Federal Cost
Local Cost
Local Cost
Amendment
Date
Amount
Cost Share
Percentage Share Amount
Share
Percentage
Share Amount
0
1118/20171
$18,693.60
75% 1 $14,020.20
25%
$4,673.0
This award is not for Research or Development as defined in 2 CFR 200.87.
No indirect costs are available with this award. Direct Administrative Costs are allowable
as outlined in the project scope.
A copy of the approved scope of work is attached. Terms and conditions of this award are
also attached.
Signing and returning this award letter indicates Subrecipient's acceptance of the scope of
the subaward, the ability to pay the state match and all grant terms and conditions outlined
in the attached documents.
Acceptance of the subaward must be returned to TDEM before payment on the subaward
can be processed.
Vol. '2U Pg.
Brazos County, DR 4272, PW -227 —Page 2
It is important that the Subrecipient read, understand and comply with the scope and all
terms,and conditions. It is also vital that this information be disseminated to Subrecipient's
staff and contractors that are involved in work related to administrative support.or
administration of the subgrant.
If changes are needed to the scope of the subaward, period of performance or costs
associated to the subaward, the Subrecipient should immediately contact TDEM. No
change will be considered made to the subaward until) the Subrecipient is notified in writing
by TDEM.
Please sign below to acknowledged acceptance of this subaward and agreement to abide
by all ter ditions.
Designated Subrecipient Agent Date
Should you wish to appeal any determination related. to this subaward you must do so
within 60 days of receipt of the notice of the action. You will .need'to provide your,,appeal
with any documentation supporting your position to iyour.assigned TDEM project officer
within the allotted time.
If you have any questions please contact Gerald Muchando at (210) 881-1808 or email at
Gerald.Muchando@us.gt.com.
ATTACHMENTS: Scope of Work
Terms and Conditions
V(A P9.
. GRANT TERMS AND
This Grant Agreement (consisting of FEMA Disaster Award and these Terms and Conditions) is
made and entered into by and between the Department of Public Safety / Texas Division of
Emergency Management, an agency of the State of Texas, hereinafter referred to as
"DPS/TDEM," and the funds recipient, hereinafter referred to as. the "Applicant" or
"Subrecipient." Furthermore, DPSffDEM and the Subrecipient are collectively hereinafter
referred to as the "Parties."
Subrecipient may not assign or transfer any interest inl this Grant without the express, prior
written consent of DPS1TDEM._If Subrecipient issues subawards as part of this Grant project,
Subrecipient shall.include and require its subawardees to comply with the terms and conditions
of this Grant.
The term "Subrecipient agreement funds" as used in 'ithis Grant means funds provided by
DPS/TDEM under the United States Department ofd Homeland Security (DHS) Federal
Emergency Management Agency (FEMA) grant programs (also referred to herein as
DHS/FEMA). The term "Subrecipient's funds" or match funds as used in this Grant means
funds provided by the Subrecipient. .
A. Standard of Performance. Subrecipient shall perform all activities as approved by
DPS/TDEM. Any change to a project shall receive prior written approval by TDEM and, if
required, by FEMA. Subrecipient shall perform all activities in accordance with all terms,
provisions and requirements set forth in this Grant, including but not limited to the following
Exhibits:
1. Assurances — Non -Construction Programs, hereiriafter referred to as ".Exhibit A"
2. Assurances — Construction Programs, hereinafter, referred to as "Exhibit B"
3. Certifications for Grant Agreements, hereinafter referred to as "Exhibit C"
4. State of Texas Assurances, hereinafter referred to as "Exhibit D"
5. Environmental Review Certification, hereinafter referred to as "Exhibit E"
6. Additional Grant Conditions, hereinafter referred to as "Exhibit F"
7. Additional Grant Certifications, hereinafter referred to as."Exhibit G"
B. Failure to Perform. In the event Subrecipient fails to implement the project(s) entered and
approved in the DPS/TDEM web -based grants management system, or comply with any
provision of this Grant, Subrecipient shall be liable to DPS/TDEM for an amount not to
exceed the award amount cif this Grant and may be barred from applying for or receiving
additional DHS/FEMA grant program funds or any other grant program funds administered
by DPS until repayment to DPSITDEM 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.
C. Funding Obligations. DPS/TDEM shall not be liable to Subrecipient for any costs incurred
by Subrecipient that are not allowable costs.
1. Notwithstanding any other provision of this Grant, the total of all payments and other
obligations incurred by DPS/TDEM under this Grant shall not exceed the Total Award
Amount listed on the Grant Subrecipient Award.
2. Subrecipient shall contribute the match funds listed on the Grant Subrecipient Award.
Page 1 of 18
Vol. - _Pe.11.�-
3. Subrecipient shall refund to DPM any sum of these Grant funds that has been
determined by DPSITDEM to be an overpayment to Subrecipient or that DPS/IDEM
determines has not been spent by Subrecipient in accordance with this Grant. No
refund payment(s) shall be made from local,) state or federal Grant funds unless
repayment with ; Grant funds is specifically permitted by statute or
regulation. Subrecipient shall make such refund to DPSITDEM within thirty (30)
calendar days after
4. DPSITDEM requests such refund.
D. Performance Period. TI
Subrecipient Award letter.
E.
days for the end of the performance period. Subrecipient shall have expended all Grant
funds and submitted reimbursement requests, invoices and any supporting documentation
to DPS/TDEM within 60 days of the end of the performance period. DPSITDEM shall not be
obligated to reimburse expenses incurred after the) performance period or submitted after
the deadline.
Except as specifically modified by law or this Grant, Subrecipient 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 iexclusive list is provided below [not all
may apply in every projects]:
. Public Law 93-288, as amended (Stafford Act) -
. 44 CFR, Emergency Management and Assistance
. Disaster Mitigation Act of 2000
OMB Regulations 2 CFR, Grant and Agreements
Executive Order 11988, Floodplain Management
Executive Order 11990, Protection of Wetlands
Executive Order 12372, Intergovernmental Review of Programs and Activities
. Executive Order 12549, Debarment and Suspension
• Executive Order 12612, Federalism
. Executive Order 12699, Seismic Design
Executive Order 12898, Environmental Justice
Coastal Barrier Resources Act, Public Law 97-348
Single Audit Act, Public Law 98-502
Sandy Recovery Improvement Act publications
16 U.S.C. § 470, National Historic Preservation Act
16 U.S.C. § 1531, Endangered Species.Act References
• FEMA program publications, guidance and policies
F. State Requirements for Grants. Subrecipient 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, (UGMS) at:
State Administrative Plan, available at:
Page 2 of IS
Vol. Pg.
Subrecipient 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.
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.
Grant funds may not be expended by a unit of local government unless the following
limitations and reporting requirements are satisfied:
1. Texas General Appropriations Act, Art. IX, , Parts 2 and 3, except there is no
requirement for increased salaries for local government employees;
2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits
using any money or vehicle to support thel 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;
3. Texas Government Code Sections 2113.0121 and 2113.101, which prohibits using
Grant funds to compensate any employee wlio uses alcoholic beverages on active
duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage
and may not pay or reimburse any travel expense for an alcoholic beverage;
4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subrecipient
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
5. General Appropriations Act, Art. IX, Sections 4.01 and 7.02, and Texas Government
Code §2102.0091, which requires that this Grant may only be expended if
Subrecipient timely completes and files its reports.
G. Restrictions and General Conditions.
1. Use of Funds. DHS/FEMA Grant funds may only be 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.
2. Federal Emolovee Prohibition. Federal employees are prohibited from serving in any
capacity (paid or unpaid) on any proposal submitted under this Grant. Federal
employees may not receive funds under this Grant.
3. Points of Contacts. Within 30 calendar days of any change, Subrecipient shall notify
DPS/TDEM of any change or correction to the Designation of Applicant's Agent, chief
elected official, program, and/or financial points of contact in the DPS/TDEM grant
management system.
4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS)
Number is the number listed on this Grant. The IDUNS Number is the nine digit number
Page 3 of 18
vol, AZ
established and assigned by Dun and Bradstreet, ' Inc., at 8661705-5711 or
w..,..io..a..,.., a..ti ........ .:...tit,.....
5.
maintains that it has registered on the Syste
www.sam.gov or other federally established site
DPS/TDEM-required information. Subrecipient
update the information at least annually. Subre
the SAM database until the later of when it subs
receives final Grant award payment. Subrecipi
subaward agreement or contract related to
vendor/subawardee's mandatory DUNS number.
91
itifier Requirements. Subrecipient
'or Award Management (SAM) at
contractor registration, and entered
keep current, and then review and
nt shall keep information current in
this Grant's final financial report or
agrees that it shall not make any
Grant without first obtaining the
Section §200.32 of OMB 2 C.F.R.
ecutives. 2 C.F.R. §200.331; see
FEMA Information Bulletin 350.
a. Applicability and what to report: Subrecipient shall report whether Subrecipient
received $25 million or more in Federal procurement contracts or financial assistance
subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report
whether 80% or more of Subrecipient's annual gross revenues were from Federal
procurement contracts or Federal financial assistance. If Subrecipient answers "yes"
to both questions, Subrecipient shall report, along with Subrecipient's DUNS number,
the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of
Subrecipient's five most highly compensated executives for the preceding completed
fiscal year.
b. Where and when to report: Subrecipient shall report executive total compensation at
www.sam.gov or other federally established replacement site. By signing this Grant,
Subrecipient certifies that, if required, Subrecipient's jurisdiction has already
registered, entered the required information, and shall keep information in the SAM
database current, and update the information lat least annually for each year until the
later of when the jurisdiction submits its final financial report or receives final
payment. Subrecipient agrees that it shall not make any subaward agreement or
contract without first obtaining the subawardee's mandatory DUNS number.
7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and
12689, which provide protection against waste, fraud, and abuse by debarring or
suspending those persons deemed irresponsible in their dealings with the Federal
government.
8. Direct Deposit. If Subrecipient has not received reimbursements from DPS/TDEM within
the past eleven (11) months (prior to date of award), it shall forward a new/updated
direct deposit form to DPSrrDEM. Completed direct deposit forms from Subrecipient
shall be emailed to.TDEM project officer. The email subject line and attachment name
shall include the subrecipient name and identify -the document attached (i.e. "Sample
County DD form"). The direct depositl form is currently available at
9. Property Management and Inventory. Subrecipient shall maintain propertylinventory
records which, at minimum, shall include a description of the property, a serial number or
other identification number, the source of propehy, 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 Subrecipient shall
develop and implement a control system to prevent loss, damage or theft of property and
Subrecipient shall investigate and document any loss, damage or theft of property
funded under this Grant.
Page 4 of 18
10. Site Visits. DHS and/or DPS/TDEM, 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 Subrecipient or a contractor
under this Grant, Subrecipient 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.
Procurement and Contracting.
1. Procurements. Subrecipient 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 2 C.F.R. 2001 318
2. Contract Provisions. All contracts executed using funds awarded under this Grant shall
contain the contract provisions listed under 2 IC.F.R. 200.326 and Appendix II (A),
Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
3. Procurement activities must follow the most restrictive of Federal, State and Local
procurement regulations:
a: Procurement by micro purchase
b. Procurement by small purchase
c. Procurement by sealed bid
d. Procurement by competitive proposal
e. Procurement by non-competitive proposal,, solely when the award of a contract is
unfeasible under the other methods
The State must be contacted for approval to use 'a noncompetitive procurement method.
Failure to follow eligible procurement methods will result in ineligible costs. Other types
of agreements for services must have State approval prior to use or execution. A copy of
the local procurement policy must be provided to the State before initial payment.
The cost plus a percentage of cost and percentage of construction cost methods of
contracting are ineligible.
Must perform cost/price analysis for purchases over $3000.
Must negotiate profit as a separate element where required.
4. Evidence of non -debarment for vendors must be documented through
http://www.sam.gov/portal/public/SAM and
httl)://www.window.state.tx.us/i)rocurement/prog/vendor performance/debarredand
submitted for review. '
5. Comply with rules related to underutilized businesses (small and minority businesses,
women's enterprises and labor surplus firms) at 2 CFR 200.321
Monitoring. Subrecipient will be monitored periodically by federal, state or local entities,
both programmatically and financially, to ensure that project goals, objectives, performance
requirements, timelines, milestone completion, budget, and other program -related criteria
are met. I
Page 5 of 18
Vol. Pg. _ >
DPS/TDEM, or its authorized representative, reserves the right to perform periodic
desk/office-based and/or on-site monitoring of Subrecipient's compliance with this Grant and
of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. After
each monitoring visit, DPS/TDEM shall provide Subrecipient with a written report of the
monitors findings. If the monitoring report notes deficiencies in Subrecipient's performance
under this Grant, the monitoring report shall include requirementsfor the timely correction of
such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the
monitoring report may be cause for suspension or termination of this Grant pursuant to the
Suspension and/or Termination Section herein.
Audit.
1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an
annual financial and compliance audit of fundsreceived and performances rendered
under this Grant as required by the Single Audit Act (OMB 2 C.F.R. 200.501, formerly A-
133). Subrecipient shall comply, as applicable, with Texas Government Code, Chapter
783, the Uniform Grant Management Standards (UGMS), the State Uniform
Administrative Requirements for Grants and Cooperative Agreements.
2. Right to Audit. Subrecipient shall give the United States Department of Homeland
Security (DHS), Federal Emergency Management Agency (FEMA), the Comptroller
General of the United States, the Texas State Auditor, DPS/TDEM, or any of their duly
authorized representatives, access to and the right to conduct a financial or compliance
audit of Grant funds received and performances rendered under this
Grant. Subrecipient shall permit DPS/TDEM or its authorized representative to audit
Subrecipient's records. Subrecipient shall provide any documents, materials or
information necessary to facilitate such audit.
3. Subrecipient's Liability for Disallowed Costs. Subrecipient understands and agrees that
it shall be liable to DPS/TDEM for any costs disallowed pursuant to any financial or
compliance audit(s) of these funds. Subrecipient further understands and agrees that
reimbursement to DPS/TDEM of such disallowed costs shall be paid by Subrecipient
from funds that were not provided or otherwise made available to Subrecipient pursuant
to this Grant or any other federal contract.
4. Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the
performance of such audit(s) conducted pursuant to this Section as DPS/TDEM may
require of Subrecipient. Subrecipient shall ensure that this clause concerning the
authority to audit funds received indirectly by subcontractors through Subrecipient and
the requirement to cooperate is included in any subcontract it awards.
5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this
Grant acts as acceptance of the authority of the State Auditor's Office to conduct an
audit or investigation in connection with those funds. Subrecipient further agrees to
cooperate fully with the State Auditor's Office in the conduct of the audit or investigation,
including providing all records requested. Subrecipient shall ensure that this clause
concerning the State Auditor's Office's authority to audit funds and the requirement to
cooperate fully with the State Auditor's Office is included in any subgrants or
subcontracts it awards. Additionally, the State (Auditor's Office shall at any time have
access to and the rights to examine, audit, excerpt, and transcribe any pertinent books,
documents, working papers, and records of Subrecipient relating to this Grant.
Page 6 of 18
Vol, --ds� 9-_ Pg. = 60
K. Retention and Accessibility of Records.
1. Retention .of Records. Subrecipient shall maintain fiscal records and supporting
documentation for all expenditures of this Grant's (funds pursuant to the applicable OMB
2 C.F.R. Subpart D,- Post Federal:Award,Requirements, of Part,200 UGMS.§_42,
and this Grant.. Subrecipient shall. retain these records and any supporting
documentatiori for a minimum of three (9) years from the later of the completion of this
project's public objective, submission of the final expenditure report, any litigation,
dispute, or audit. Records shall be retained for three (3) years after any real estate or
equipment final disposition. The DHS or DPS/TDEM may direct Subrecipient to retain
documents or to transfer certain records to DHS custody when DHS determines that the
records possess long term retention value.
2. Access to Records. Subrecipient shall give the United States Department of Homeland
Security, the Comptroller General of the United States, the Texas State Auditor,
DPSITDEM, or any of its duly authorized representatives, access to and the right to
examine all books, accounts, records, reports, files, other papers, things or property
belonging to or in use by Subrecipient pertaining to this Grant including records
concerning the past use of DHS/FEMA funds. Such rights.to access shall continue as
long as the records are retained by Subrecipient.
L. Changes; Amendments: Suspension or Termination
1. Modification. FEMA or DPS/TDEM may modify this Grant after an, award has been
made. Once notification has been made in writing, any subsequent request for funds
indicates Subrecipient's acceptance of,the changes to this Grant. Any alteration,
addition, or deletion to this Grant by Subrecipient is not valid.
2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to
this Grant that are required by changes in federal and state laws, regulations or policy
are automatically incorporated into this Grant without written amendment to this Grant
and shall become effective upon the date designated by such law.or regulation. In the
event FEMA or DPS/TDEM determines that changes are necessary to this Grant after
an award has been made, including changes to the period of performance or terms and
conditions,. Subrecipient shall be notified of the changes in writing. Once notification has
been made, any subsequent request for funds will indicate Subrecipient's acceptance of
the changes to this Grant.
3. Suspension, In the event Subrecipient fails to' comply with any term of this Grant,
DPS/TDEM may,.upon written notification to Subrecipient, suspend this Grant, in whole
or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring
additional obligations of this Grant's funds. .
4. Termination. DPS/TDEM shall have the right to terminate this Grant, in whole or in part,
at any time before the end of the Performance lPeriod, if DPS/TDEM determines that
Subrecipient has failed to comply with any term of this Grant. DPS1TDEM shall provide
written notice of the termination and include:
a. The reason(s) for such termination;
b. The effective date of such termination; and
c. In the case of partial termination, the portion of this Grant to be terminated.
d. Appeal may be made to the Deputy Assistant Director of Texas Division of
Emergency Management- Recovery Mitigation and Standards, Texas Department of
Public Safety,
M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, whether
stated in a federal orstate statute or regulation, an assurance, in a state plan or application,
Page 7 of 18
va. P8. ,/
a notice of award, or elsewhere, DPSITDEM or DHS may take one or more of the following
actions, as appropriate in the circumstances:
1. Increased monitoring of projects and require additional financial and performance
reports
2. Require payments as reimbursements rather than advance payments
3, Temporarily withhold payments pending correction of the deficiency
4. Disallow or deny use of funds and matching credit for all or part of the cost of the
activity or action not in compliance; „
5. Request FEMA to wholly or partially de -obligate funding for a project
6. Temporarily withhold cash payments pending correction of the deficiency by
subrecipient or more severe enforcement action by. DPS/TDEM or DHS;
7. Withhold further awards for the grant program'
8. Take other remedies that may be legally available
In taking an enforcement action, DPS/TDEM will provide Subrecipient an opportunity for a
hearing, appeal, or other administrative proceeding to which Subrecipient is entitled under
any statute or regulation applicable to the action involved.
The costs of Subrecipient resulting from obligations incurred by Subrecipient during a
suspension or after termination of this Grant are not allowable unless DPS/TDEM or DHS
expressly authorizes them in the notice of suspension or termination or subsequently.
Other Subrecipient costs during suspension or after termination which are necessary and
not reasonably avoidable are allowable If:
The costs result from obligations which were properly incurred by Subrecipient before
the effective date of suspension or termination, are not in anticipation of it, and in the
case of a termination, are non -cancellable; and
• The costs would be allowable if this Grant were not suspended or expired normally at
the end of thefiunding period in which the termination takes effects.
The enforcement remedies identified in this section; including suspension and termination,
do not preclude Subrecipient from being subject to "Debarment and Suspension" under E.O.
12549. 2 C.F.R., Appendix II to Part 200, (1).
N. Conflicts of Interest. The subrecipient will maintain written standards of conduct covering
conflicts of interest and governing the actions of its employees engaged in the selection,
award and administration of contracts and will establish safeguards to prohibit employees
from using their positions for purpose that constitutes or presents the appearance of
personal or organizational conflict of interest or personal gain.
O. Closing of this Grant. DPS/TDEM will close a subaward after receiving all required final
documentation from the Subrecipient. If the close! out review and reconciliation indicates
that Subrecipient is owed additional funds, DPSITDEM will send the final payment
automatically to Subrecipient. If Subrecipient did not use all the funds received,
DPS/TDEM will recover the unused funds.
At the completion of Subrecipienfs performance period. DPS/TDEM will de -obligate all
uncommitted funds and de -obligate all unexpended funds if final documentation is not
received by the deadline.
Page 8 of 18
Vol. _, 47 pg. "a
The closeout of this Grant does not affect:
1. DHS or DPSITDEM's right to disallow costs and (recover funds on the basis of a later
audit or other review;
2. Subrecipient's obligation to return. any funds due as a result of later refunds, corrections,
or other transactions;
3. Records retention requirements, property management requirements, and audit
requirements, as set forth herein; and
4. Any other provisions of this Grant that impose continuing obligations on Subrecipient or
that govern the rights and limitations of the parties to this Grant after the expiration or
termination of this Grant.
Page 9 of 18
EXHIBIT A
ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 424B
As the duly authorized representative of Sub recipient, I certify that Sub recipient: -
1. Has the legal authority to apply for Federal assistance and the Institutional,
establishes national policy goals and procedures to protect and enhance the
managerial and financial capability (including funds sufficient to pay the non-
enNrenmenl, including protecllon against natural disasters. To comply with
Federal share of project cost) to ensure proper planning, management and
NEPA for DHS grant-suppoded activities, DHS -FEMA requires the
completion cribs project described In this Grant
environmental aspects to be reviewed and evaluated before final action on
the. application; (b) notification of violating facilities pursuant to EO 11738;
2. Will give the Department of Homeland Security, the Department of Public
(c) protection of wetlands pursuant to EO 11990; (d) evaluation of Rood
Safety, the Comptroller General of the United Stales and, if appropriate, the
hazards In floodpolns In accordance with ED 11986; (a) assurance of
Slate, through any authorized representative, access to and the righl to
project consistency with the approved Slate management program
examine all records, books, papers, or documents related to this Gmnl and
developed under the Coastal Zone Management Act of 1972 (16 U.S.C.
will establish a proper accounting system In accordance with generally
5§1451 at segj: (p comply with the Clean AirActof 1977, (42 U.S.C.
accepted accounting standards oragency direcllves.
§§7401 at seq. and Executive Order 11738) providing for the Protection of
and enhancement of the quality of the nation's air resources to promote
3, Will establish safeguards to prohibit employees from using their positions foi
public health and welfare and for restoring and maintaining the chemical,
a purpose that constitutes or presents the appearance of personal or
physical, and biological integrity of the nation's waters; (g) protection of
organizational con0lci of interest or personal gain.
underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended (P.L. 93-523); and, (h) protection of endangered species
4. Will initiate and complete the work within the applicable lime frame after
under the Endangered Species Act of 1973, as amended (P.L. 93- 205),
receipt of approval of the awarding agency.
12. Will comply with The Wild and Scenic Rivers Act of 7966 (16 U.S.C. §§1271 at
5, Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.
seq.) related to protecting components or potential components of the
§§4728-4763) relating to prescribed standards for merit systems for
rational wild and scenic rivers system.
programs funded under one of the 19 statutes or rogulanons specified In
System Personnel
13. WIII assist the awarding agency in assuring compliance with Section 106 of
Appendix A of OPM's Standards for a Merit of
Administration (5 C.F.R. 900, Subpart F).
the National Historic Preservation Act of 1965, as amended (16 U.S.C.
§470), EO 11593 (identification and protection of historic properties), and the
6. Will comply with all Federal statutes relating to nondiscrimination. These
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a.1 at
include but are not limited to: (a) Title VI of the Civil Rights Act of 1954 (P.L.
08-352) which prohibits discrimination on the basis of race, color or national
origin; (b) Title IX of the Education Amendments of 1972, as amended (20
14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management 01reclive
U.S.C. 5§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits
026-044 (Directive) regarding the protection of human subjects Involved In
discrimination oe the basis of sex; (c) Section 504 of the Rehabilitation Act
research, development. and related activities supported by this Grant.
of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the
"Research' means a systematic investigation. Including fesea¢h,
basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42
development, testing, and evaluation designed to develop or contribute to
U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e)
general knowledge. See Directive for additional provisions for Including
the Drug Abuse Office and Treatment Act of 1972 F.L. 92-255), as
humans in the womb, pregnant women, and neonates (Subpart S); prisoners
emended, relating to nondiscrimination on the basis of drug abuse; (1) the
(Subpan C); and children (Subpart D). See also stale and local law for
Comprehensive Alcohol Abuse and AlMholtsm Prevention, Treatment and
research using autopsy materials.
Rehabilitation Act of 1970 F.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523
15, WIII comply with the Laboratory Animal Welfare Act of 1966 P.L. 69.544, as
and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and
amended, 7 U.S.C. §§2131 at seq.) which requires the minimum standards
290ce-3L as amended, relating to congdenliality of alcohol and drug abuse
of care and treatment for vertebrate animals bred for commercial sale, used
patient records; (h) Title VIII of the Civil Rights Act of 1958 (42 U.S.C.
In research, transported commercially, or exhibited to the public according to
5§3601 at seq.), as amended, relating to nondiscrimination in the sale, rental
the Guide for Care and Use of Laboratory Animals and Public Health
or financing of housing; (i) any other nondiscrimination previsions in the
Service Policy and Government Principals Regarding the Care and Use of
specific statutes) under which agreement for Federal assistance is being
Animals.
made; and (j) the requirements of any other nondiscrimination statutes)
which may apply to the application.
7. Will comply or has already complied with the requirements of Titles it and III
of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or
federally -assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal padidpalion in
purchases.
8, Will comply, as appllcable, with provisions of the Hatch Act (5 U.S.C. §§1501-
1508 and 7324-7328) which limit the polifical activities of employees whose
pdncipa! employment activities are funded in whale or In part with Federal
funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40
U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18
U.S.C. §874), and the Contract Work Hours and Safely Standards Act (40
U.S.C. §9327-333), regarding labor standards for federally -assisted
construction sub -agreements,
10. Will comply, if applicable, with need Insurance purchase requirements of
Section 102(s) of the Flood Disaster Protection Act of 1973 (P.L. 93-234)
which requires recipients in a special flood hazard area to participate In the
program and to purchase flood Insurance if the total cost of insurable
construction and acquisition Is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant
to the following: (a) Institution of environmental quality central measures
under the National Environmental Policy Act of 1969 F.L. 91-190 as
amended by 42 (LSC. 4311 at seq. and Executive Order (E0) 115 14) which
Vol.
16. Will camply with the Lead-Sased Paint Poisoning Prevention Act (42 U.S.C.
§§4801 at seq.) which prohibits the use of lead-based paint In construction
or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and OMB
Circular No, A-133 (now OMB 2 C.F.R. 200.500), "Audits o1 States, Local
Gwemments, and Non -Profit Organizations"
18. Will comply with all applicable requirements of all other Federal laws,
executive orders, regulations, grant guidance, and polities governing this
Grant.
Pg. o
Page 10 of 18
EXHIBIT B
ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D
As the duly authorized representative of Subreclpient, I certify that SubrecipienC,
1. Has the legal authority to apply for Federal assistance, and the
Instlutional, managerial and financial capability (including funds
sufficient to pay the non -Federal share of project costs) to ensure
proper planning, management and completion of project described In
this Grant.
2- Will give the Department of Homeland Security, the Department of
Public Safely, the Comptroller General of the United Stales and, if
appropriate, the State, the right to examine all records, books, papers,
or documents related to this Grant, and will establish a proper
accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will not dispose of modify the use of, or change the tens of the real
property litle or other interest in the site and facilities wthout
permission and Instructions from the awarding agency. Will. record the
Federal awarding agency directives and will include a covenant in the
title of real property acquired in whole or in part with Federal assistance
funds to assure nondiscrimination during the useful life of this Grant.
4. Will comply with the requirements of the assistance awarding agency
with regard to the drafting• review and approval of construction plans
and specifications.
5. Wit provide and maintain competent and adequate engineering
supervlslon at the conshuclion site to ensure that the complete work
contorts with the approved plans and specifications and will furnish
progressive reports and such other information as may be required by
the awarding agency or State.
6. Will initiate and complete the work within the applicable lime frame
after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their
positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of Interest or personal gain.
8. Will comply with the Intergovernmental Personnel Ad of 1970 (42
U.S.C. §§47284763) relating to prescribed standards of merit systems
for programs funded under one of the 19 statutes or regulations
specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
9. Wil comply with the Lead -Based Paint Poisoning Prevention Act (42
U.S.C. §§4801 at seq.) which prohibits the use of lead-based paint in
construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to nondiscrimination.
These include but are not limited to: (a) Title VI of the Civil Rights Ad of
1964 (P.L. 88-352) which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education Amendments of
1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44
C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C.
§794), which prohibits discrimination on the basis of handicaps; (d) the
Age Discrimination Act of 1975, as amended (42 I.S.C. §§6101.6107),
which prohlbits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and
rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g)
§§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
§§290dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) The VIII of the Civil Rights
Act of 1968 (42 U.S.C. §§3601 at seq.), as amended, relating to
nondiscrimination In the sale, rental or financing of housing; (i) any
other nondiscrimination provisions in the specific statue(s) under which
agreement for Federal assistance is being made; and Q) the
requirementsof any other nondiscrimination statuo(s) which may apply
to the agreement. -
11. WII comply or has already complied with the requirements of Titles II
and I III of the Uniform Relocation Assistance and Real • Property
Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and
equitable treatment of persons displaced or whose property Is acquired
as a result of Federal and federally -assisted programs. These
requirements apply to all Interests in real property acquired for project
purpi sea regardless of Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508
and 17324-7328) which limit the political activities of employees whose
principal employment activities are funded in whole or In part with
Federal funds.
13. WII,comply, as applicable, with the provisions of the Davis -Bacon Act
(40 U.S.C. §§276a to 2768-7), the Copeland Act (40 U.S.C. §276c and
18 U.S.C. §874), and the Contract Work Hours and Safety Standards
Act 1(40 U.S.C. §§327- 333) regarding labor standards for federally -
14. Willi comply with flood Insurance purchase requirements of Section
102(8) of the Flood Disaster Protection Ad of 1973 (P.L. 93-234) which
requires recipients in a special flood hazard area to participate In the
program and to purchase flood Insurance if the total cost of Insurable
construction and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be prescribed
pursuant to the following'. (a) Institution of environmental quality control
measures under the National Environmental Policy Act of 1969 (P.L.
91-1190) as amended by 42 U.S.C. 4311 at seq. and Executive Order
(EO) 11514 which establishes national policy goals and procedures to
protect and enhance the environment, including protection against
natural disasters; (b) notification of violating facilities pursuant to EO
11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation
of flood hazards in floodplains in accordance with EO 11988; (e)
assurance of project consistency with the approved State management
program developed under the Coastal Zone Management Act of 1972
(161 U.S.C. §§1451 at sec.); (f) comply with the Clean Air Act of 1977,
(42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for
the'.protection of and enhancement of the quality of the nation's air
resources to promote public health and welfare and for restoring and
maintaining the chemical, physical, and biological integrity of the
nation's waters; (g) protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the Endangered
Species Act of 1973, as amended (P.L. 93-205),
16. Will comply with the Wild and Searle Rivers Act of 1968 (16 U.S.C.
§§1271 at seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
1
17.. Will assist the awarding agency in maturing compliance with Section
106 of the National Historic Preservalion AN of 1966, as amended (16
U.S.C. §470), EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a.1 et seed
18. .Will cause, to be performed the required financial and compliance
audits in accordance with the Single Audit Act Amendments of 1996
ana OMB Circular No. AA33 (now OMB 2 C.F.R. 200.500), "Audits of
Stales, Local Governments, and Non -Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws,
executive orders, regulations, grant guidance and policies governing
this Grant.
Page 11 of 18
Exhibit C
Certifications for Grant Agreements
The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief
A. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or
attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federa I grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any personforinfluencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a
Member of Congress In connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL Disclosure of Lobbying Activities) in accordance with its Instructions.
C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly. This certification is a material representation effect upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for 6ach such failure.
D. As required by. Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective
participants in primary covered transactions, as defined at 28 C.F.R.' Part 67, Section 67.510. (Federal Certification), the
Subrecipient certifies that it and its principals and vendors: .
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a
State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Subrecipient
can access debarment information by going to wwwsam.00v and the State Debarred Vendor List at: -
wwwwindow state tx us/orocuremenUoroo/vendor oerfonnanceldabsmed.
2. Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal,
Slate, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (13)(2) ofithis certification;
4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local)
terminated for cause or default; or
5. Where Subrecipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to
this Grant. (Federal Certification).
E. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the
same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources
occurred for reasons other than the receipt or expected receipt of federal funds.
F. Subrecipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds and Subrecipient will require
such compliance in any subgrants or contract at the next tier.
G Subrecipient will comply with the Drug-free Workplace Act, as amended; 412 U.S.C. §701 at seq., which requires Subrecipient to
publish a statement about its drug-free workplace program and give I copy of the statement to each employee (including
consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be
carried out. Also, places where work is being performed under the award (i.e., street address, city, state, and zip code) must be
maintained on file. Subrecipient will notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that
occurs in the workplace. For additional information, see 44 C.F.R. Part 17. Subreciplent shall comply with the requirements of the
Drug -Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to
maintain a drug-free workplace.
H. Subrecipient is not delinquent on any Federal debt. Examples of relevant debt Include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129 and form SF -424, item number 17 for additional information
and guidance.
I. Subrecipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this Grant.
J. Subrecipient understands that failure to comply with any of the aboJe assurances may result in suspension, termination or
reduction of funds in this Grant.
Page 12 of 18
voa. / 7 I P9=
EXHIBIT D
State Df Texas Assurances
As the duly authorized representative of Subrecipient, I certify that Subreclplent:
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Subrecipienl's
governing body or of the Subrecipient's contractor shall vote or confirm the employment of any person related within the second degree of
affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ
or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a
period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing
body member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the Subrecipient relative to a project will be available to the public
during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to
be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. -
4. Shall comply with Section 231,006, Texas Family Code, which prohibits payments to a person who Is In arrears on child support payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Subrecipient is a
health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another
health and human services agency or public safety or law enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code,
or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process
of achieving compliance with such rules if the Subrecipient is a law enforcement agency regulated by Texas Occupations Code, Chapter
1701.
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state) agencies and subrecipients shall maintain an appropriate
contract administration system to insure that all terms, conditions, and specifications are mel. (See UGMS Section _.36 for additional
guidance on contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protective andlRegulatory Services. Subreclplent shall also ensure that all
program personnel are properly trained and aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of
1964 (P.L. 88-352), which prohibits discrimination an the basis of race, color,) or national origin; (b) Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with
Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the
basis of disability In the operation of public entities, public and private transportation systems, places of public accommodation, and certain
testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 91 as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g)
§§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 at sec.), as amended, relating to
nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions In the specific statute(s) under
which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply
to this Grant.
10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U!S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c
and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally assisted construction subagreements.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.
91646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in reallproperty acquired for project purposes regardless of Federal
participation in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees
whose principal employment activities are funded in whole or in part with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not
listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA (EO 11738).
Page 13 of 18
VoC. - � f'9 = _ ----
15. Shall comply with the flood Insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law
93-234. Section 102(a) requires the purchase of flood Insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition proposed for use In any area that has been Identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards,
16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental. quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of
violating facllities pursuant to EO 11738; (c) protection of wetlands pursuant tolEO 11990; (d) evaluation of flood hazards in fioodplains in
accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the
Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 el seq.); (f) conformity of federal actions to State (Clear Air) Implementation
Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 at seq.); (g) protection of underground sources of
drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangeredspecies under the .
Endangered Species Act of 1973, as amended (P.L. 93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 at seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1965, as amended
(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 at seq.).
19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 at seq.) which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or
exhibited to the public according to the Guide for Care and Use of Laboratory'Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals.
20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 at seq.) which prohibits the use of lead-based paint
in construction or rehabilitation of residential structures.
21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used
for the provision of services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required stale and federal tax forms.
23. Shall comply with all applicable requirements of all other federal and stale law's, executive orders, regulations, and policies governing this
program.
24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by
any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in
Executive Order 13224, Entities ineligible for federal procurement have Exclusions listed at Mips:/Iwww.sam.gov/portal/publiGSAM/.
25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as
required by the Texas Health and Safety Code, Ann., Sec. 85:,001, at seq.
Page 14 of 18
Vol.T P9.
EXHIBIT E
Environmental Review
As the duly authorized representative of Subrecipient, I certify that Subrecipient:
1. shall assess its federally funded projects for potential impact to environmental resources and historic properties.
1
2. shall submit any required, screening form(s) as soon as possible and shall comply with, deadlines established by DPSUDEM.
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. - - -
3. shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity
prior to completion of FEMA's EHP review will result in a non-compliance finding and DPSffDEM will not authorize or release
Grant funds for non-compliant projects. • . -
4. as soon as possible upon receiving this Grant, shall provide information to DPS/MEM to. assist with the legally -required EHP
review and to ensure compliance with applicable EHP laws and Executive Orders (ED) currently using the FEMA EHP Screening
Form OMB Number 1660-01151FEMA Form 024-0-01 and submitting it! with all supporting documentation, to DPS/TDEM for
review. These EHP. requirements Include but are not limited to the National Environmental Policy Act, the National. Historic
Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, ED 11990 — Protection of Wetlands, and EO
12898 — Environmental Justice. Subrecipient shall comply with all Fedeial, State, and local EHP requirements and shall obtain
applicable permits and clearances.
5. 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.
6. 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 projectdescription will require re-evaluation forcompliance with EHP requirements before the project can proceed.
7. if ground disturbing activities occur during project implementation, Subrecipient shall ensure monitoring of ground disturbance and
if any potential archeological resources are discovered, Subrecipient shall immediately cease construction in that area and "notify
FEMA and the appropriate State Historical Preservation Office,
Page 15 of 18
EXHIBIT F
Additional Grant Conditions
1. Additional damage requiring a new Public Assistance pro!
following the Kickoff meeting with the State- Federal team.
All work must be done prior to the approved project comple
additional time be required, a time extension request must
requiring an extension. b.) Explains the reason for an exter
has been completed. d.) Provides an anticipated completic
based on extenuating circumstances or unusual project re(
jurisdiction/organization. Failure to submit a time exte
withdrawal of federal funds for approved work.
to be written must be reported within 60 days
n deadline assigned to each Project. Should
submitted which: a.) Identifies the projects
m. c.) Indicates the percentage of work that
date. The reason for an extension must be
-ements that are beyond the control of your
on request may result in reduction or
3. Any significant change to a project's approved Scope of Work must be reported and approved through
TDEM and FEMA before starting the project. Failure to do so will jeopardize grant funding.
4. The Project Completion and Certification Report must be returned to TDEM once all the approved work has
been completed for each project. If any project requires the purchase of insurance as a condition of
receiving federal funds, a copy of the current policy must be attached to this report.
5. A cost overrun appeal on small ($120,000.00) Public Assistance projects must be reported to the Texas
Division of Emergency Management (TDEM) within 60 days of completing the last small project in order to
be considered for additional funding.
6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to
TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to
appeal a determination contained in the project application, ithe 60 days will start the day the application Is
signed.
7. Public Assistance program projects will not receive funding until all of the requirements identified in the
comments section of the Project Worksheet are met.
8. You may request a payment of funds on projects by completing the "Payment of Funds" request and
including documentation supporting your request. In the event that an audit results in a reduction of the
awarded amount of a project, the subrecipient is responsible for returning the identified overage within 30
days of notification of the overpayment. Small Public Assistance projects are paid upon obligation and the
receipt of all required documentation. Payments must be requested at least quarterly if expenditures have
been made in that quarter.
9. Projects that have not received final payment will be reviewed quarterly by TDEM representatives upon
receipt of the Quarterly Review form from the subrecipient] Quarterly reports will be due on the following
dates: March 16th, June 16th, September 16th & December 15th. Public Assistance program small
projects are exempted.
10.Subrecipient with must submit a project cost summary to ADEM following the completion of each project,
except Public Assistance program small projects. The project cost summary must list all labor, equipment,
materials and contract costs associated with making needed repairs.
11.Subrecipients expending $750,000 or more in total Federal financial assistance in a fiscal year will be
required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles, Audit, and
Administrative Requirements for Federal Awards, Subpart F. A copy of the Single Audit must be submitted
Page 16 of 18
Vol. !' ,Pg. /O
to your cognizant State agency or TDEM within nine months of the end of the subrecipient's fiscal year.
Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter
must be sent to TDEM certifying to this. 1
12. Completed record and cost documents for all approved work must be for a minimum of three (3) years from
the later of the completion of this project's public objective, submission of the final expenditure report, any
litigation, dispute, or audit. Records shall be retained for three (3) years after any, real estate or. equipment
final disposition. The DHS or DPS/TDEM may direct Subrecipient to retain documents or to transfer certain
records to DHS custody when DHS determines that the recotds possess long term retention value. During
this time, all approved projects are subject to State and Federal audit/review.
13.Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise
excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension).
Subrecipient must maintain documentation validating review of debarment list of eligible contractors.
14.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment.
A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of
equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If
the fair market value of a piece of equipment is less than $5(000, the property can either.be retained, sold
or designated as surplus with no further obligation to FEMA.
Page 17 of 18
EXHIBIT G
Additional Grant Certifications
Applicant certifies that they have the ability to meet the or exceed the cost share required of this project.
Applicant certifies there has not been, nor will there be, a duplication of benefits for this project.
For Hazard Mitigation Proiects Only:
Applicant certifies that if there is a Maintenance Agreement needed'for this facility copy of that agreement will be
provided to TDEM.
Federal Executive Order 12898 compliance requirements — If theie are any concentrations of low income or
minority populations in or near the HMGP project:
1. Applicant certifies that the HMGP project result will not result in
low income or minority populations.
OR
2. Applicant certifies that action will be taken to ensure
minority populations related to this HMGP project.
high or adverse effect on
of environmental justice for low income and
Page 18 of 18
vol. 1 p9 1 1
INTERLOCAL GOVERNMENT AGREEMENT
May 6, 2017 Election
This Interlocal Government Agreement is made this day ofY2017, by and between
Brazos County ("the County") and the Emergency Services District. No, 4 (ESI10).
WHEREAS, the County will not conduct a general electio i on Saturday, May 6, 2017 Election; and
WHEREAS, the ESD4 has called for an Election to be held within the boundaries of Brazos County,
Texas; and
i
WHEREAS, the ESD4 will be the only entity holding an election; and
WHEREAS, the parties to this agreement understand that ESD4 will bear the full cost of conducting
Election;
NOW, THEREFORE, IT IS AGREED that Election will be held by ESD4 under the following terms
and conditions, and the parties hereto agree with said conditions:
1. That there shall be one ballot that contains all approprito races and propositions available for
qualified voters.
2. That there shall be one set of voting equipment to be used at the polling places.
3. That Election forms to be used and records to be maintl fined in a manner convenient and adequate
to record and report the results of the Election for the ESD4.
4. That the tabulation of the precinct results shall be in a mamier to facilitate the independent canvass
of returns by all entities.
5. That each entity shall be responsible for the preparatio , publication and Spanish translations of its
own Notice of Election and Order of Election.
6. That the implementation, conduct and management of said Election shall be by the Brazos County
Elections Administrator. The Brazos County Elections Administrator is hereby designated as the
Chief Election Official and Early Voting Clerk for the elections to be held on May 6, 2017. The
implementation, conduct and management of the Electi ion shall include; but not be limited to:
A. The securing of qualified individuals to serve as election judges for each polling place...
B. The securing of locations and facilities where the election is to be conducted.
C. The securing of the election materials and supplies requisite to the proper administration of
the election, and the programming and preparation of DRE voting equipment to be used in
the election.
D. The securing of all supplies necessary to conduct the Election.
Interlocal Agreement with ESD4
vol. ' pg. _
Page 1 of 3
A
a
10.
E. The Brazos County Elections Administrator will be. responsible for the conduct of early
voting by personal appearance and by mail.
F. Early Voting will be held at Precinct 4Volunteer Fire Station (Smetana) located at 3098
Fazzino Rd, Bryan weekdays April 24's through May 2 from 11 am to 7 pm.
G. Election day will be held at Precinct 4 Volunte r Fire Station (Smetana) located at 3098
Fazzino Road, Bryan and Precinct 4 Volunteer Fire Station (Brushy) located at 6357
Raymond Stotzer Parkway, College Station.
The amount to be paid by ESD4 to the County for services rendered by the County in the May 6,
2017, election is:
A. The ESD4 will reimburse the County for certail costs as follows:
I
1. The cost for payment of the early voting and Election day election workers.
2. The cost paid to pre -define, program, deliver, set up, pick up and backup of DRE's and
supplies.
3. The expenses of early voting and Election Ly polling places;
4. The cost of publication for all required notices for Public Test.
5. The cost of rental of twelve (12) DRE voting machines (6 for early voting and 6 for
Election day).
6. The cost of the Early Ballot board, Central Counting Station, and the tabulation
supervisor and data processing manager.
7. Administrative fee of 10% as allowed in
entity.
ESD4 shall be responsible for any necessary subm
preclearance under the Federal Voting Rights Act.
The financial obligations of the parties under this
the respective parties.
That the undersigned are the duly authorized repro
their signatures represent adoption and acceptance
Interlocal Agreement with ESD4
Vol. 1 n4
Election Code based on the cost per
to the U.S. Department of Justice for
are payable from current revenues of
ves of the parties' governing bodies, and
terms and conditions of this agreement.
Page 2 of 3
APPROVED AND AGREED this day of �� _ '201-7.
BRAZOSCOUN
Duane Peters, County Ju e
MMERGENCY SERVICES DISTRICT N0.4
President, Board' of Directors
Attest:
S50ctary, B&Y6 of Directors
.Interlocal Agreement wi i ESD4
Page 3 of 3
7
MOTOR GRADER BLADES
17-272R; Previously known as 2016.15 IR,
I
2015-37R, & 2014-51
April 29, 2017 - April 15,
2018
�MJVS TP #
4 '74
ESCRIPT11 N.,
L
30
(U.M
Q
I
7' x 518" x 6" wl 5/8" Holes
iu
$61 00
.
$64.38
$72.59
500
7' x 518" x 6" w1314" Holes
001
$64.38
$73.64
-- ----- I'
M
'MAKE AND M0DEL-�,,,.,,,,,
Valk
Black Cat
Pacal
BLtADEMATERIALO
�Heat
Heat treated steel
Heat treated steel
IMY P
WIN W—l"
W
fZ60'd6yi'
45.60
1.2
�-WtA
LOCATQN�,
KIngst own, PA
Edmonton, AB Canada
Round Rock, TX
.STORE
,
e.,
RECOMMENDATION: Valk Manufacturing
S day of(j, 017 by
by ommissi' aCourt on this
holding the position o (2W5 (�OUUUk
I
1 2-1�
Vol. —2v Z, Pg.
r,;_ --fes
t.,.D_
3R n2a 0, T
f9* Brazos County U��
every of 9��°'" Purchasing Departm ntPl-l° Nati'`' ,
200 SOUTH TEXAS AVE SUITE 352' BRYAN, TX 77803
PHONE: (979) 361-4290 FAX 1(979) 361-4293
January 26, 2017
Valk Manufacturing Company Phone: 717-766-0711
PO Box 428 Fax: 717-795-9830
New Kingstown, PA 17072 Email: bladesales@valkmfg.cont
Attn: Ted P. Valk
Re: Renewal of Contract 17-2728 for Motor Grader Blades pr
m iously known as 2016-157R, 2015-37R and
2014-51.
Brazos County appreciates the quality work your company has provided and would like to exercise the renewal
option for Motor Grader Blades 17-272R previously known as 2016i157R, 2015-37R and 2014-51.
All terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start April 29,
2017 through April 15, 2018. 1
To accept the renewal option, please fill out the information and sign) below. Return the signed documents by email
to cnorton@brazoscountytx.gov or fax to (979) 361-4293. Please the submit the original signed documents and an
updated Certificate of Insurance by mail to the address listed above. :Please return acceptance as soon as possible.
If you have any questions, I may be reached at (979) 361-4291.
Contact Name: Tim Fry _ Telephone: 717-766-0711 ext. 131
E -Mail: bladesales@vallunfg.com Fax: 717,795-9830
.
M�L
Y
Duane Peters, County Judge
January 27, 2017
Date
z1Dlj-7
Date
Vol.
P9. 2/L—
Brazos County I
Purchasing Department
200 SOUTII TEXAS AVE SUITE 352 BRYAN, TS 77803
PHONE (979) 3614290 .FAX (979) 361-4293
January 26, 2017
Britten Hydrosceding Phone: (979) 3244963
2032 Mountain Wind Loop Email:brittenhydroseeding@Sanail.com
Bryan, TX 77807
Re: Renewal of Contract 417-2748 for 11 rdro-mulch
known as 2016-147.
Brazos County appreciates the quality work your,
renewal option for Hydro -mulch Seeding Corrntp
All terms, conditions, and pricing shall remain the same.
April 12, 2017 to April 11, 201 R.
County Right of Ways, previously
tae provided and would like to exercise the
ll'gl's,. previously known as 2016-147.
renewal term will be for one year from
To accept the renewal option, please fill out the information and .sign below. Return the signed
documents by email to cnorton@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the
original signed documents and an updated Certificate oflinsurance by mail to the address listed above.
Please return acceptance as soon as possible. If you have any questions, I may be reached at (979)
— 361-4291.--------- ---------- ---
tA,�' i q7 32
Contact Nnmc: I�/a TfjaFJII'lal Ylll �� "telephony. -�pY(7 irk-7('�F�3
E 111ni1: h-ti'1V C(f tt1w , . C t Fax:
BRITTEN HYDROSEEDINC
Authorized Signature Dule
BRA_ S C UN'F1'
to
Duane Petcm, County,lud-,e Date
Vol. -- I % /
17-274R Hydra-MuIN Seeding of County Right of Ways,
previously known as 2016147
April 12. 2017trou hApri111,2018
romental
GIo Envin
1�BEHYLrouedin[:
t
Cera Te. Mydraxeed, rK
cn'en
��, ��� Serra
r.,r, S;Ffi4"iP, Y:S
7Sl d.,...:aR!`:di.:fYrv..:ti.`4L;:2':3`2 I application to Single 5i
ie IrMt,,"fti,'4'eW 14<`C 4 t_
Esi. Total
$quare Yafds
Definih.mCescrdaiion
price
priceffp'�eSquare
Y+rdf0911
qu[fpf5inglSll pn pulChdse gldef far lSs[hJn $$$xq
_H11 for the of Hytl
t
2,000 fat
Iefs:F.an 555 yd2yards
Bruns County Wva0aaee +pplcabn
have
sin
5],9.25 ib: Fee
mulch. IDis only applies tringle ite purchase orders that el
,t✓l,'
than 555 quare Yards -,dated
$35000 Fla F ephu
Call out far single i:e on purchase ord to 8than 555 square$031/ydro
1r H$$SNy
ynCsbgtkvathan 48 .uareyand5 eOtas Coutywlllp+ that
q'a pui$042/yds rom'
574-.25FIa: Fee plus
$1.SWWFIat Poe plus
MDrethan 555 ydI
fee for the........or of the frs; 555 a - tv d o1 HVd uIN
} ,a,., y. a
It Septa 5024/yi'
5108/vtlr a+er the 555th
$0.98/vtl'mer the 555th
18,OD0 w2
but rev than 4,840
plus, cod per quark Yard for lnWing+iter the fire 555 square
Ap
hti Onobertp btirih
v+rd
aid
vd2
uses This only a polies to single site purchase offers; the[have more,
on'
v
kdo
than 555 square Yards but le ss the n 4,B:0 fqua res Ind led
ateoch yard tt�(hyje 555 c.
`Y4kZ1 "Yy,hi,l"si 1.
'Sd:3iryd w3:3o:<ilv'a'-
Call out for angle site on purchase grtler for more than 4,840 iggore
'1iam Apol to Sept..r ',
.Mere than 4,W
yards States County wall pay a cost per, square yard o 'heI
%Iz, a Y I- .'
$0.24/Vd frWom t]ciobertio,
50.90/Vdr
50.89/ydr
X.900 sot
yC2
appl'ca[an.f HydronmI,h Thisonly apples to single step fNau
y blarNp on <i[11 y+rofgiV
orders that have mere than 4,84C a quare Yards'ndca[ d I
fv sk
l'wit n fi:!
'Th.i.'.n?F'.Y1'�6fs?A.'22%X•:.:_�s
a'P'....:#:r2^ +&ixi',Tiyru}.:a kation :e Multl-eStes
'L— f.. Y�'or'»
.'ri`Y.'1•?A+ii-
24::rdt.ti:tit6f4
Est Total
Square Yards
Dellnl;lop/Co's PionI
price
price
pr[e
Square Yards
Requested
Call out for multiple sites on purchase order for less thin total of
,�5a ✓�},K l3
8i
til�'lt
2,420 quare yards. Braaos County -'Il pay+flat'ee to t9<
w'�3 t w
S,PJC sq2
1835 man 2,420
I V Vappl'es to molt pl t
epp icatpn ofH dromulch Thsoni-Yitl
,:$85000 Flat F. t.{�i
58,DOO.Oo Flat Fee
Ss,OWAO FIrz Fee
Yd2
purchase wtlers that have less than a total of 2,420 square va ds
t ld ri
Indlc+;ed,
Ca 11 out for mul r pie sites on purchave o rder for more m. tticl
`$.'U /Y dr plus
square yards. Brains County -111 pay a Lost per SquareVaido
m A f
r hqp ltOSePt OrIj
2,,000 sq2
More than 2,420
'420
the•Ppllation of HVtlromulch. This only apples to multipleSite
af`Hr iflr4s.
5p,1M//vdt;fromkORobrto
108
$/Vd'
51.75/Vbr
,,12
purchase .,do,, that have more the pia ental of 2,420 square ds
'v�"ach on cii }ardfar
-nd'Lltld.
Uit4 ,tang,Y'
rifeo my p w d ¢Water
the at nB III
if 50.36/vdrfrom Aped to
NONE
NONE
6- cepriomanCAlternates
- w'a ix+a j=wp,j
Sept. w 50,18/yd,feon,is
IptMcher m b'Sirh on each
vardfHft xw Ci4'+t'
,. fti1. +1
Bec Award: Britten Hydroseeding
ppro d by mmissio Court on this day of e�i2{ 2017 by
holding the position If0. (71�/lktn
Vol. -- Fig. /
12
BRAZOSCOUNTY.TEXAS
BUDGET MNIENDMENT(S) uOR THE 2116-2017 BUDGET YEAR
NO. 16/17 19.1 —1 9. 4
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Oa this the 6th day of FCb1 Uary 2017 at a regular meeting of the Commissioners' Court, the following
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members were present
A. Duane Peter. County.ludge, Presiding
B. Steve Aldrich, Comntissioncr, Precinct I
C. Satnmv Catatena. Commissioner, Precinct 2
D. Nancy Berry, Commissioner, Precinct 3
E. Irma Cauley. Commissioner, Precinct 4
1'. Karen pMcQueen, County Clerk
The following proceeding; were held:
THAT NN I I IAZEIAS, on 6th day of February 2017 the Cain heard and approved a budget amendment
for the 2016-2017 budget year for Brazos County. Texas: and
WHEREAS, expenditure is necessary clue to the necesIsity to meet unusual and unforeseen conditions
which could not be reasonably included in the original hudgL adopted 6 September 2016, the following
amendment(s) to the ornuinnt budget are hereby authorized, as described on the attached page(s).
ADOPTFD AND APPROVED this the 6th day of February 2017.
i
THE COMMISSIONERS COURT OF BRA%OS COUN"FYi TEXYAS.
Duane Peters. County Judge
Original: County Clerk's Office and
Attached to the original budget
�c� C/ I
Vol. --Cl P9, d-
BRAZOS COUNTY,T
BUDGET AMENDME
No. 16117 • 19.1
67256000
Reallocation of finds to the appropriate aCCOnnIS to purchase the following itcm5: 2 Vacuums - S 1,200.64, 2 Floor BLIffen - S 1S4102, 3
Laren Equipment Trimmers - SS 33.3 i, and 3 Lam) Equipment Edger's - SS_ 647. _ _-
��, xz
nnm
2!112017
Renllocntion of fundi to the
BRAZOS COUNTY, T
BUDGETAMENDME
No. 16117 • 19.3
V'* Pa-;L�
writer.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 16117 • 19.4
2/6/2017
FUND
DIVACCT
PROJ DRICRI
ACCOUNT NAME
Increase Decrease
2700
12006000
61110000
CR Continecncv
4.900.00
—T, T
12006000
51620000
DR
I louriv - Overtime
4,000.00
2700
12006000 1
53100000
I DR
Social Securitv !
495.00
2700
120060001
53101000
DR
Pies
5.00
27001
12006000
5:'_00000
DR
Retirement
150.00
2700 1
12006000
53300000
DR
Fm I0vee Eealth Ins
200.00
2700
12006000
53500000
DR IWorker's
Comp I
50.00
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Bail Dowd
Board Fees
Reallocation of funds to the a n'u mate accounts to cover
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the salaries and bcwetiis for the invcsti�,ator thm works on the bail bonds.
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Vol. ` Pg.
PERSONNEL I I J
CHANGE OF STATUS REQUESTS
Commissioner Court Date: February 06, 2017
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Regl est Action Requested
Request(s) Applies To
Brazos Center Nelson, Drae i Employment
Risk Management
Sheriffs Office —Admin.
Approved in Commissioners' Cou
County Judge's or Commissioner'
(This Copy to be attached to mina
Becerra, Robin,
Buttgenbach, La
Hearen, Joshula
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Change of Status
Change of Status
Change of Status