HomeMy WebLinkAbout1999-07-13-0900AM-RegularJill- -p p'ul l,: 50
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BRAZOS COUNTY u.41 , CE
BRYAN. TEXAS I
NOTICE OF MEETING
AND AGENDA,
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
JULY 13, 1999 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE
BRAZOS COUNTY COURTHOUSE, 300 EAST 26T" STREET, SUITE 115, BRYAN,
TEXAS.
I . Invocation - Commissioner Thornton.
2. Pledge of Allegiance - Commissioner Thornton.
Consider and take action on agenda items 3 - 17:
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3. Budget Amendment 98/99-30.
4. Personnel Change of Status.
5. Payment of Claims,
6. Approval and execution of a grant agreement with the Texas Department of
Transportation regarding "Sale to Intoxicated Persons" on behalf of the County
Attorney's Office in coordination with the Texas Alcoholic Beverage Commission.
7. Forgoing of collection of debt of $39,012.67 owed by Hunter Industries, Inc., pursuant
to Colorado Materials vs. Brazos County/Bluebonnet Paving, Inc., Cause Number 94-
0514,207 1h District Court. Hays County. Texas.
8. Request by Juvenile Services Department to create new job position utilizing Texas
Youth Commission State Funds.
9. Approval of Brazos County Health Facilities Development Corporation Resolution
relating to the issuance of Burleson St. Joseph Manor revenue bonds, Series 1999.
10. Request by District Attorney for out-of-state travel utilizing LEOSE funds for an
investigator to attend the 9" Annual Training Conference of the National Association of
Fugitive Investigators in Colorado Springs, Colorado, September 20-22, 1999,
11. Contract for telephone listing in the GTE telephone book.
12. Blanket Purchase Orders:
a. $500.00 to Farmer's Market for Jury Services
b. $3,500.00 to Talley Chemical for Maintenance Department.
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PDL 11,
Commissioners Court Meeting Agenda
July 13, 1999
Page Two
13. Award Bid 499-046, Office Furniture.
14. Proposed revisions to the County Purchasing Policy and Procedures as a result of Senate
Bill 1669.
15. Advertisement of Bid #99-057, Sale of Health Department Phone System.
16. Request from GTE to construct a road bore and parallel cable installation in the west
right-of-way of Dilly Shaw Tap Road from FM 974 to Fawn Lake Drive for a distance
of 11,650 feet and along the south right-of-way of Marino Road beginning at its
intersection with Dilly Shaw Tap Road for a distance of 3,400 feet. Site is located in
Precinct 2.
17. Posting a 35 mile per hour speed limit for Sherwood Drive in Sherwood Heights
Subdivision. Site is located in Precinct 1.
18. Announcement of interest items and possible future agenda topics.
19. Call for citizens input and/or concerns.
20. Adjourn.
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The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any requests for
sign interpretive services must be made two business days before the meeting. To make
arrangements, call (409) 361-4102.
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COMMISSIONERS' COURT
REGULAR MEETING
JULY 13, 1999
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A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 9:00
a.m. on Tuesday, July 13, 1999, with the following members of
the Court present:
Alvin W. Jones, County Judge, Presiding;
Tory Jones, Commissioner of Precinct 1;
Wm. S. Thornton, Commissioner of Precinct 2;
Randy Sims, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Mary Ann Ward, County Clerk.
Attached is a list of the citizens and officials in
attendance.
Commissioner Thornton gave the invocation and led the
pledge of allegiance.
There was no citizen input and/or concerns.
•
The Court next considered Budget Amendment #98/99-30.1
which would set up the budget to recognize the revenue
realized from the State Tobacco Settlement. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to approve the budget amendment as
submitted, a copy of which is attached hereto.
The Court proceeded to consider the change of status of
the following employees.
NAME DEPARTMENT
REASON
i
McGaha, Shameka L District Clerk
Strapps, Angela
District
Clerk
Zaragoza, Alesha P
District
Clerk
Sontag, Jaime
District
Clerk
Johnson,.Cathy L
District
Clerk
Hanks, Wilma L
District
Clerk
Millhollon, Mindi
District
Clerk
Ontiveros, Nora
District
Clerk
Nava, Juanita
District
Clerk
Richardson, C
District
Clerk
Hernandez, Ramon
Building
Maintenance,
Ocon, Celestino
Building
Maintenance,
Samuels, Quinten E Juvenile Services
White, Melissa S Juvenile Services
Jenkins, Reginald S/O Jail
Termination
Promotion
Tran in Dept
New Employee
Resignation
New Emp Temp
Promotion
Tran in Dept
Resignation
Promotion
Resignation
New Emp Temp
New Emp Temp
Mew Emp Temp
New Employee
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Commissioners Court meeting July 13, 1999
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On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the changes as
submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
99-008439 through 99-008620
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Claims as
submitted.
The Court next considered the approval and execution of
a grant agreement with the Texas Department of Transportation
regarding "Sale to Intoxicated Persons" on behalf of the
County Attorney's Office in coordination with the Texas
Alcoholic Beverage Commission. It is believed that the
program will deter establishments from selling alcoholic
beverages to intoxicated persons. On motion by Commissioner
Sims, seconded by Commissioner Cauley, the Court voted
unanimously to authorize the County Judge to execute the grant
agreement with the Texas Department of Transportation and
accept on behalf of Brazos County such grant funds as may be
tendered. A copy of the agreement is attached hereto.
The next matter for consideration was the forgoing of
collection of debt in the amount of $39,012.67 owed by Hunter
Industries, Inc. pursuant to Colorado Materials vs. Brazos
County/Bluebonnet Paving, Inc. Cause Number 94-0514,207th
District Court, Hays County, Texas. On motion by Commissioner
Sims, seconded by Commissioner Cauley, the Court voted
unanimously to table consideration until review by legal
counsel.
The Court next heard a request by the Juvenile Services
Department to create a new job position utilizing Texas Youth
Commission (TYC) State Funds. This is necessitated because
I the number of parolees has risen dramatically in the last 3
years. In the past, the individual Juvenile Probation Officers
provided parole services. Now however, the number of parolees
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Commissioners Court meeting July 13, 1999
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has risen to 26, and that constitutes a full time job. There
has also been a substantial increase in the number of
Intensive Supervision Probation (ISP) cases. By creating a
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full time Parole Officer position with TYC funds the current
officer handling parolees can return to full time ISP duties.
Commissioner Cauley moved for approval so long as funds are
available through the TYC to support the position.
Commissioner Sims seconded the motion. After considerable
discussion Commissioner Sims called for the question.
Commissioner Cauley seconded the motion and the Court voted
unanimously on the call for the question. Commissioner Cauley
asked to modify the motion to include documentation. The
motion was seconded by Commissioner Sims, and carried
unanimously.
The Court next considered approval of Brazos County
Health Facilities Development Corporation Resolution
•
concerning the issuance of Burleson St. Joseph Manor Revenue
Bonds, Series 1999. On motion by Commissioner Cauley,
seconded by Commissioner Sims, the Court voted unanimously to
approve the Brazos County Health Facilities Development
Corporation Resolution concerning the issuance of Burleson St.
Joseph Manor Revenue Bonds, Series 1999.
The next matter for consideration by the Court was a
request submitted by the District Attorney seeking approval
for out of state travel utilizing LEOSE funds for an
investigator to attend the 9th Annual Training Conference of
the National Association of Fugitive Investigators in Colorado
Springs, Colorado, September 20-22, 1999. On motion by
Commissioner Cauley, seconded by Commissioner Sims, the Court
voted unanimously to grant the request from the District
•
Attorney and approved payment of out of state travel expense
for an investigator. IJ
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and GTE for
listing in the GTE telephone book.' On motion by Commissioner
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Commissioners Court meeting July 13, 1999
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Thornton, seconded by Commissioner Cauley, the Court voted
unanimously to enter into contractual agreement with GTE for
listing in the GTE phone book. A copy of the contractual
agreement is attached hereto.
The Court proceeded to consider the following blanket
Purchase Orders:
Farmers Market Jury Services $ 500
Talley Chemical Bldg Maintenance $3,500
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously-to approve the Blanket
Purchase Orders as submitted.
The Court next considered awarding the following bid:
Bid No. 99-046, Office Furniture
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by EOS on Sections I, II, III,
IV,:1-6b; the bid submitted by Wiltons on
Section IV:7-9, Reject Section II #11-
item because the item is discontinued
after 10-01-99. Commissioner Sims moved
to accept the recommendation of the
Purchasing Agent. Commissioner Cauley
seconded the motion. After some
discussion, Commissioners Sims and Cauley
withdrew their motion and second. Then
on motion by Commissioner Sims, seconded
by Commissioner Thornton, the Court voted
unanimously to table consideration
pending additional information.
The Court next considered approval of the proposed
revisions to the County Purchasing Policy as a result of
Senate Bill 1669. On motion by Commissioner Jones, seconded
by Commissioner Thornton, the Court voted unanimously to adopt
the proposed revisions to the Purchasing Policy and that they
become effective September 1, 1999.
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 99-057, Sale of Health
Department Phone System. On motion by Commissioner Sims,
seconded by Commissioner Cauley, the Court voted unanimously
to authorize the Purchasing Agent to advertise for bids for
the sale of the phone system.
The Court next considered the request from GTE to
construct a road bore and parallel cable installation in the
ago
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Commissioners Court meeting July 13, 1999
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west right-of-way of Dilly Shaw Tap Road from FM 974 to Fawn
Lake Drive for a distance of 11,650 feet and along the south
right-of-way of Marino Road beginning at its intersection with
Dilly Shaw Tap Road for a distance of 3,400 feet. The site is
located in Precinct 2. The County Engineer stated that all
appeared to be in order and recommended approval. On motion
by Commissioner Thornton, seconded by Commissioner Cauley, the
Court voted unanimously to approve the request from GTE
subject to compliance to presentation requirements and
authorized the installation. A copy of the request is
attached hereto.
The Court next considered the posting of a 35 mile per
hour speed limit for Sherwood Drive in Sherwood Heights
Subdivision located in Precinct 1. On motion by Commissioner
Jones, seconded by Commissioner Thornton, the Court voted
unanimously to post the speed limit of 35 miles per hour.
The County Judge made the following comments:
1) He circulated a letter concerning a
bridge that cannot be certified by TxDOT.
2) He asked Purchasing to expedite the
investigation of the current contract for
cellular phones due to an increase in
billing.
3) The Change Order for the jail
construction, whether being paid from
contingency or not, must first be
approved by the Commissioners Court.
There was no citizen input and/or concerns.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court meeting
held July 13, 1999 have been examined and are approved in open
Court this the 23 P day of Ne 194L7, in
Bryan, Brazos County, Texas.
Alvin W. Jones Tony Jon
County Judge Commissioner,
Precinct No. 1
m. Thornton Randy S; Ks
Commissioner, Commis oner,
Precinct No. 2 Precinct No. 3
arey Ca ley, Jr. Mary n ward
Commissi ner, County Clerk
Precinct No. 4
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BRAZOS COUNTY COMMISSIONERS/ MEETING ON /3 mw AT A.M./apC
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1998-1999 BUDGET YEAR
NO. 98/99 30.1
On this the 13`" day of July 1999 at a regular meeting of the
Commissioners' Court, the following members were present:
Alvin W. Jones, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1;
Wm. S. Thornton, Commissioner, Precinct.2;
Randy Sims, Commissioner, Precinct 3;
Carey Cauley, Commissioner, Precinct 4;
Mary Ann Ward, County Clerk.
The following proceedings were held:
THAT WHEREAS, on July 13, 1999 the Court heard and approved a
budget amendment for the 1998-1999 budget year for Brazos County,
Texas.
WHEREAS, an expenditure is necessary due to the necessity to
meet unusual and unforeseen conditions which could not be
reasonably included in the original budget adopted September 1,
1998 the following amendment(s) to the original are hereby
authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 13`" day of July 1999.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By Alvin W. Jones, County Judge
Original: County Clerk's Office and attached to the original
budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
tip- - 12 ,'Gi Z
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C71
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99- 30.1
713/98
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
02 110022 739990 Dr. Community Public Health $ 152,214.00
02 480920 Cr. Tobacco Settlement 152,214.00
COUNTY HEALTH ENDOWMENT FUND (CHEF) ,
COMMUNITY PUBLIC HEALTH DIVISION
To setup the budget to recognize the revenue realized from the State Tobacco Settlemen
and interest earned from those funds. Also, to setup a division to be used in funding of
approved grant applications from this fund. As the applications are approved, separate line
items to identify the agency will be seta and budget will be adjusted accordingly.
il'he interest earned as of Ma 31, 1999 is $42,048.19.
tall Fe-r,- y:pProved
ate:
Prepared by the Auditors Office
G/MudArnend
BRAZOS COUNTY, TEXAS
Analysis of Texpool Investment for
General Fund -Tobacco Funds
For the Year Ending September 30,1999
Beginning
Ending
Balance
Additions
Retirement
Balance
Balance October 1. 1998
-
October,1998
-
-
-
November
December
-
-
-
January. 1999
2,152,213.73
7,257.12
-
2,159,470.85
February
8,078.56
-
2,167,549.41
March
9,021.24
-
2,176,570.65_
April
8,698.39
-
2,185,269.04
May
8,992.88
-
2,194,261.92
June
July
August
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September
2,152,213.73
42,048.19
-
2,194,261.92
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07/21/99 WED 13:31 FAX 409 361 8357 BRAZOS COUNTY ATTORNEY
('1999
PROJECT BUDGET ATTACHMENT B
Sale to Intoxicated Persons
(Title of Project)
Brazog Counl
(Name of Subgrantee)
(Round figures to nearest
Local/
Federal State
Funds Funds
BUDGET CATEGORY I - LABOR COSTS:
(1001 Salaries
(X_ overtime or regular time; type X in
appropriate blank)
Salary rates are estimated for budget
purposes only. Reimbursements will be based
on actual costs per employee In accordance
with Subgrantea's payroll policy and salary rate.
Dist by position)
A. Program Co inator
B. Peace Officers
C. Video Recorders
D. Secretary
TOTAL (100) SALARIES
(200 Fringe Benefits
Dist for each salary range)
A. Program Coordinator
B. Peace Officers _
C. Video Reorders
0. §jecretary
TOTAL (200) FRINGE: BENEFITS
TOTAL
$ -0- $ 2.326.00 $ 2.325.00
1.494.00 -0- 1.494.00
360.00 -0- 360.00
0- 90.00 90.00
$ 2.415.00 $ 4.269.00
$ -0- $ 650.00 S 650.00
418.00 -0- 418.00
-0- 25.00 25.00
-0- 25.00 25.00
$ 418.00 $ 700.00 $ 1.118.00
10002
(300) Travel and Per Diem
Mileage (documentation of rate Is required
prior to reimbursement), airfare, car rental,
per diem, etc. Reimbursements will be
based in accordance with Subgrantee's
travel policy nut to exceed state rates.
TOTAL (300) TRAVEL & PER DIEM $ 125.00- $ -0- S 125.00
TOTAL LABOR COSTS $ 2.397.00 $ 3.115.00 3 1512.00
(;eneral6199 't"~~~ v43
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sal 4337 BRAZOS COUNTY ATTORNEY 10002
<5-:,31 FAX 408 361 4337 BRAZOS COUNTY ATTORNEY .10003
Local/
Federal State
Funds Funds Total
BUD CAT - OTF R DIRECT
COS
(4001 Eaulpment (specify type/quantity)
$1.975.00
S -0- $ 1.975.00
1. Audio/Video Cameras and wiring
1.975.00
1.975.00
hamesses(2)
2. Video Monitors (1)
-0- -0-
4. Video Monitor Cart (1)
-0-
-0- -0-
VHS VCR (1)
5
-0-
40_ -0-
.
Camera Maintenance 8 Repair
-0- -0-
(500) Supplies
$ 125.00
$ -0- $ 125.00
1. Items used for camera conoesiment
2. Videotapes
(600) Contractual Services (specify)
S 4.890.00
S -0- $ 4,890-00-
1. Peace Officer
4.320.00
-0- 4.32Q.00
@20.00 per hour
216 hours = $4.320.00
2. Video Recorder
570.00
-0- 570.00
@15.00 per hoer
38 hours = $573.00
(700) Other MlscellaneM
A. Telephone
$--0=
L-2&00 $ 25.00 -
B. Registration fees (training, workshops.
125.00
-0- 125,00
conference:a, etc.)
C. Impress Funds
250.00
-4_ ` 250.00
D. Mileage
425.00
_0- 425.00
approx. ' 517 miles @.28 per mile
E. Mileage for other Agency Vehldes
133.00
-0_ 133.00_
TOTAL (700) OTHER MISCELLANEOUS
S 933.00
25,0A 958.00
TOTAL OTHER DIRE,~T COSTS
S7,923-00 S 25.00 $ 7.948.00
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BRAZOS COUNTY ATTORNEY W002
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BRAZOS COUNTY AT
4004
ORNEY
Local/
Federal
State
Funds
Funds TOTAL
BUDGET CATEGORY III - INDIRECT CO
STS
•
($00) Indirect Costs
Rate at °.i
3 -0-
$ -0- -0-
SUMMARY:
TOTAL LABOR COSTS
$2.397.00--
$ 3.115.00 $ 5,512.00
TOTAL OTHER DIRECT COSTS
$ 7,923.00
S 7.948.00
TOTAL INDIRECT COSTS
$0- $ -0-
GRAND TOTAL
$10320.00
S 3,140.00 $13.460.00
Fund Sources:
77-%) Local Funds
Federal Funds (
_
S
00 ; $ 3
yn 320
140.00
= TOTAL S 13,460.00
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~a01i 301.43ST _~µy„ BRAZOS-COUM_ATMRNEY. 10002
X_ Fedaat Pao Throw Misc. Contract B FS oZ .2
Ornt Fwd, CFDA 920AO_ Charge Numbe r(1q)0z0,zKM A; 00 V20L b / t; A
Stale drwdFwd• PIN 17460004330038
TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas. acting by and through the Texas Department
of Transportation, hereinafter called the Department, and Brazos County , hereinafter
called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this
agreement, the Subgrantee is designated as a(n) Local Government
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety
Plan for the following Fiscal Year(s) 1999-2000
W ITNESSETH
Project Title: Sale to Intoxicated Person Program
Brief Project Description: To overate mobile video surveillance amioment in establishments to determine a sale
of alcoholic beverages to intoxicated arsons and to file criminal and administrative cases on the seller/server.
AGREEMENT'
Grant Period: The Grant becomes effective on 07-01-99 or on the date of final signature, -
whichever is later, and ends on 09-30-2000
Maximum Amount Eligible for Reimbursement: S 41,279.00 Cost incurred after the end of a
fiscal year cannot be reimbursed without prior written approval from the Department. (See also Article 3,
Limitation of Liability, in the Standard Provisions.
From Fund Source: Federal Funds
Project Year: 1 Estimated Budget:
Federal State Local
Labor S 9,588.00 -0- 12,460.00
Other Direct Cost 31,690.00 -0- 100.00
Indirect/F&A Cost -0- -0- -0-
TOTAL S 41,278.00 -0- 12,560.00
Project Year. Estimated Budget:
Federal State Local
S
Other Direct Cost
Indirect/F&A Cost
TOTAL S
Project year. Estimated Budget:
Federal State Local
Labor S
Other Direct Cost
IndirectIF&A Cost
TOTAL S
In addition to the Standard Provisions of the Agreement that follow, the following attachments are incorporated
as indicated as a part of the Grant Agreement:
2; Attachment A. Approved Project Description
X Attachment B, Approved Project Budget
X Attachment C, Standard Assurances
Attachment D. Debarment Certification
_ Attachment E. Lobb)•ing Certification (required if amount payable is $100,000 or more)
_ Attachment F, Child Support Statement
Page 1 of 10 6199
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-409 361 4357 BRAZOS COUNTY ATTORNEY
RAFFIC SAFETY PROGRAM GRANT AGREEMENT
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
EFFECTUATE THIS AGREEMENT.
THE SUBGRANTEE TILE STATE OF TEXAS
Brazos County
(Legal Name of Agency)
_ ✓
By
Authorized Si azure)
Alvin W. Jones. County Judge
(Name and Title)
Date Tut.Y 130 /999
ATTEST:
(Signature)
Marv Ann Ward. County Clerk
[Name and Title)
Under authority of Ordinance or Resolution Number
(for local governments):
Moiling Addresses
For the Subgrantee:
For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports,
claims, and correspondence. (NOTE: For warrants, the address Indicated by the mall code, last three digits
of the PIN on page 1, shall be used. If that address is not appropriate for warrants, please change the mail
code accordingly and notify TxDOT of any changes.):
10002
Executed for the Executive Director and approved for
the Texas Transportation Commission under the
authority of Minute Order No. 82513 and Stand-
Alone Manual Notice 96-6 for the purpose and effect
of activating and/or carrying out the orders,
established policies or work programs heretofore
approved and authorized by the Texas Transportation
Commission under the authority of Minute Order
No. 100002.
By
District 8ngineei
Texas Department of Transportation
(For local projecu under $50,000 or mcommended for
approval for prow $50,000 or greater.)
Date .Tu /y / / % 9 9
By
Director, Traffic Operations Division
(Not required for local gran under $50,000.)
Date
For the Texas Department of Transportation:
Brazos County Attorney's Office N. Texas Department of Transportation
300 East 26" St., Ste. 325 1300 N. Texas Avenue
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_ _AOf _361_1357 BRAZOS COUNTY ATTORNEY
M*,S TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
STANDARD PROVISIONS
1-7 ARTICLE 1. RESPONSIBILITIES OF THE PARTIES
The Subgrantee shall undertake and complete the project as described in Attachment A. Approved Project
Description. and in accordance with all terms and conditions included hereinafter. The Department shall provide
assistance as appropriate and as specified in said Attachment A.
ARTICLE 2. COMPENSATION
A. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the
limits specified in Attachment B, Approved Project Budget. The amount included in the project budget will
be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified
in paragraph B hereunder. If Attachment B. Approved Project Budget, specifies that costs are based on a
specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified
method. -
B. All payments made hereunder will be made in accordance with Attachment B. Approved Project Budget.
The Subgrantee's expenditures may not exceed any budget category in the Approved Project Budget by an
amount greater than 5% of the total reimbursable amount of the budget without a written agreement
amendment. However, the Subgrantee must provide written notification to the Department of a change of
5% or less, prior to payment of the Request For Reimbursement that includes the change, indicating the
amount and percent change and the reason(s) for it. The maximum amount payable shall not be increased its
a result of exceeding a budget category without a written grant amendment.
C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with
{ Attachment B. Approved Project Budget, within the time frame specified in Grant Period on page 1.
D. Payment of costs incurred under this agreement is further governed by one of the following cost principles.
as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars:
' • A-21, Cost Principles for Educational Institutions;
{ • A-87, Cost Principles for State and Local Governments; or,
1, • A-122. Cost Principles for Nonprofit Organizations.
E. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in
Attachment A. within 30 days after the end of the billing period. The Subgrantee will use billing statements
acceptable to the Department. The original billing statement and one copy is to be submitted to the address
shown on page 2 of this agreement.
F. The Subgrantee agrees to submit the final request for payment under this agreement within sixty (60) days of
the end of the grant period.
0. The Department will exercise all good faith to make payments within thirty days of receipt of properly
prepared and documented requests for payment. Payments, however, are contingent upon the availability of
appropriated funds.
H. Project agreements supported with federal funds are limited to the length of the agreement period and usually
do not receive extended funding beyond three years. If both the Department and the Subgrantee agree that
the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for
funding assistance beyond the three year limit. To be eligible, the Subgrantee must have a cost assumption
plan by the end of the first twelve months. This plan will include a schedule for phasing in funding from its
own resources and the phasing out of funding support from the Department. All plans must be approved by
the Department before any extension beyond the three year limit will be granted. Preference will be given to
those projects for which the Subgrantee has assumed some cost sharing by the end of the first twelve months.
and to those which propose to assume the largest percentage of subsequent project costs.
Certain categories of funds may be exempted by the federal government from the time limit requirement.
Unless exempted, all federally-funded agreements are considered to be subject to the time limit provision.
q_J of, 10 6199
moot
I
109 361
4337 BRAZOS COUNTY ATTORNEY 10002
TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Funding support for all state-funded projects will be limited to the term of the agreement. Any extension
beyond that time will be negotiated on a case-by-case basis.
ARTICLE 3. LIMITATION OF LIABILITY
Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon
the availability of funds.
If at any time during the agreement period the Department determines that there is insufficient funding to continue
the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement.
Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee and the
Department, and as further specified in General Provision G9, Termination.
The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits
by third parties arising from or incident to the Department's non-payment of the Subgrantee's claim under this
agreement. The Subgrantee expressly acknowledges that its responsibility includes the payment of all damages,
expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the
Department's non-payment of claims submitted under this agreement. The Subgrantee shall defend any suits
brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department
shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantee of any
obligation hereunder.
ARTICLE 4. AGREEMENT AMENDMENTS
•
If at any time during the agreement period the Department determines that additional funds are needed to continue
the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize
additional funds, if the Department and the Subgrantee determine to continue project funding.
Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall
be enacted by written amendment executed by both parties.
The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual
satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is
executed before the completion date specified in Article 1.
ARTICLES. ADDITIONAL WORK
If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this
agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. In the
event that the Department finds that such work does constitute additional work, the Department shall so advise the
Subgrantee and provide compensation for doing this work on the same basis as the original work. If the
compensation for the additional work will cause the maximum amount payable to be exceeded, a written
amendment will be executed. Any amendment so executed must be approved within the agreement period
specified on the cover page to this Grant.
ARTICLE 6. CHANGES IN WORK
When the approved project description requires a completed work product, the Department will review the work
as specified in the approved project description. If the Department finds it necessary to request changes in
previously satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested
and directed by the Department. Such work will be con4idered as additional work and subject to the requirements
established in Article 5.
If the Department finds it necessary to require the Subgrantee to revise completed work to correct errors
appearing therein, the Subgrantee shall make such-corrections and no compensation will be paid for the
corrections.
ARTICLE 7. GENERAL TERMS AND CONDITIONS
0
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121-1
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-"A 361-4237__ _ BRAZOS COUKIY_ATrORNEY 10002
5:~ AFFIC SAFETY PROGRAM GRANT AGREEMENT
GI. Indemnification
To the extent permitted by law, the Subgrantee, If other than a State agency, shall save harmless the Department
from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The
Subgrantee also agrees to save harmless the Department from any and all expenses, including attorney fees, all
court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or
liabilities as a result of any activities of the Subgrantee, its agents or employees.
Further, to the extent permitted by law, the Subgrantee, if other than a State agency, agrees to protect, indemnify,
and save harmless the Department from and against all claims, demands and causes of action of every kind and
character brought by any employee of the Subgrantee against the Department due to personal injuries and/or death
to such employee resulting from any alleged negligent act, by either commission or omission on the part of the
Subgrantee or the Department.
G2. Inspection of Work
The Department and, when federal funds are involved, the U. S. Department of Transportation. and any
authorized representative thereof, have the right at all reasonable times toinspect or otherwise evaluate the work
performed or being performed hereunder and the premises in which it is being performed.
If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor, the Subgrantee shall
provide and require the subcontractor to provide all reasonable facilities and assistance for the safety and
convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work.
G3. Disputes and Remedies
The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of
procurement entered in support of agreement work.
Disputes concerning performance or payment shall be submitted to the Department for settlement with the
Executive Director acting as referee. ~ I
This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach ti
of agreement terms, but all remedies existing at law and in equity may be availed of by either party and shall be
cumulative.
G4. Noncollusion
The Subgrantee warrants that it has not employed or retained any company or person, other than a bons fide
employee working for it, to solicit or secure this agreement. and that it has not paid or agreed to pay any company
or person, other than a bona fide employee. any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee
breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or.
in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of
such fee, commission, brokerage fee, gift, or contingent fee.
GS. Reporting
Not later than thirty days after the end of each reporting period, as designated in Attachment A. the Subgrantee
shall submit a performance report using forms provided or approved by the Department. The performance report
will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the
period, (2) reasons why established objectives were not met, if appropriate, and (3) other pertinent information
including, when appropriate, analysis and explanation of cost overruns or high unit costs.
Page 5 of 10 6199
r
11ioa 381 4357 BRAZOS COUNTY ATTORNEY
,,--~RAFFIC SAFETY PROGRAM GRANT AGREEMENT
C7
•
•
The Subgrantee shall submit the final performance report within 30 days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon
the agreement, including:
1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives.
prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by
established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated
and any Department or Federal assistance needed to resolve the situation.
2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or
producing more work units than originally projected.
G6. Records
The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other evidence
pertaining to costs incurred and work performed hereunder, said books, documents, papers, accounting records,
and other evidence pertaining to costs incurred and work performed hereinafter called the records, and shall make
such records available at its office at all reasonable times for the time period authorized in Article 1, Contract
Period. The Subgrantee further agrees to retain said records for four years from the date of final payment of
contract costs incurred hereunder.
Duly authorized representatives of the Texas State Auditor, the Texas Department of Transportation, the United
states Department of Transportation, and the Office of the Inspector General shall have access to the records at
reasonable times during the period of the agreement and the four years retention period for the purpose of making
audits, excerpts, transcriptions, and other examinations. This right of access is not limited to the four year period
but shall last as long as the records are retained. If any litigation, claim, negotiation, audit or other action
involving the records has been started before the expiration of the four year retention period, the subgrantee shall
retain the records until completion of the action and resolution of all issues which arise from it.
G7. Audit
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-502.
ensuring that the single audit report includes the coverage stipulated in the following, as appropriate:
• Paragraphs 6, 8, and 9 of OMB Circular A-128, 'Audits of State and Local Governments,' or.
• OMB Circular A-133, 'Audits of Institutions of Higher Education and Other Nonprofit Institutions.'
G8. Subcontracts
Any subcontract rendered by individuals or organizations not a part of the Subgrantee's organization shall riot be
executed without prior authorization and approval of the subcontract by the Department.
Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. No subcontract will
relieve the Subgrantee of its responsibility under this agreement.
G9. Termination
The Department may terminate this agreement at any time before the date of completion whenever it is
determined that the Subgrantee has failed to comply with the conditions of the agreement. The Department shall
give written notice to the Subgrantee at least seven dayi prior to the effective date of termination and specify the
effective date of termination and the reason for termination.
If both panics to this agreement agree that the continuation of the agreement would not produce beneficial
results commensurate with the further expenditure of funds, the parties shall agree upon the termination
conditions, including the effective date and the portion to be terminated.
W002
age 6 of. 10, , T
L1nn9
~rTRAFFIC SAFETY PROGRAM GRANT AGREEMENT
UpoYn termination of this agreement. whether for cause or at the convenience of the parries hereto. all finished or
unfmished documents, data. studies, surveys, reports, maps, drawings. models, photographs, etc. prepared by the
Subgrantee shall, at the option of the Department, become the property of the Department.
The Department shall compensate the Subgrantee for those eligible expenses incurred during the agreement period
which are directly attributable to the completed portion of the work covered by this agreement, provided that the
work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not
incur new obligations for the terminated portion after the effective date of termination.
Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by reason of any failure in
performance of this agreement in accordance with its terms (including any failure by the Subgrantee to progress in
the performance of the work) if such failure arises out of causes beyond the control and without the default or
negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy,
acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to
perform must be beyond the control and without the fault or negligence of the Subgrantee.
G10. Gratuities
Texas Transportation Commission policy mandates that employees of the Department shall not accept any
benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with
the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that
have received the advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the Department under this
agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned
hereabove. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this
agreement.
G11. Compliance With Laws
The Subgrantee shall comply with all Federal. State and local laws, statutes, ordinances, rules and regulations,
and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the
performance of this agreement, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the
Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith.
G12. Successors and Assigns
The Department and the Subgrantee each binds itself, its successors, executors, assigns and administrators to the
other party to this agreement and to the successors, executors, assigns and administrators of such other party in
respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and
obligations in this agreement without written consent of the Department.
G13. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the Subgrantee or furnished to the
Subgrantee by the Department shall be delivered to and become the property of the Department. All sketches.
photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to
the Department without restriction or limitation of their further use.
G14. Resources
The Subgrantee warrants that it presently has adequate qualified personnel in its employment to performance the
work required under this agreement, or will be able to obtain such personnel from sources other than the
Department.
' 'Page 7 of 10
Iii ~
i
ww•nne rimm" •TrnRNEY 10002
,ins TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies required to
perform the work authorized herein.
All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the
• duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent,
or whose conduct becomes detrimental to the work, shall immediately be removed from association with the
project.
GIS. Property Management
The Subgrantee shall establish and administer a system to control, protect, preserve, use, maintain, and dispose of
any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own
property management procedures, provided that the procedures are not in conflict with the Department's property
management procedures or property management standards, as appropriate, in:
• 49 CFR 18, 'Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments,' or,
• OMB Circular A-110, 'Uniform Requirements for Grants to Universities. Hospitals, and Other Nonprofit
Organizations.'
G16. Procurement Standards
The Subgrantee shall maintain procurement standards which meet or exceed the requirements, as appropriate, of:
• 49 CFR 18, 'Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments,' or,
• OMB Circular A-110, 'Uniform Requirements for Grants to Universities. Hospitals, and Other Nonprofit
Organizations.'
G17. Insurance
When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its
subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the
Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall
• require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Department, and
shall maintain the insurance during the grant period established in Article 1.
GIB. Equal Employment Opportunity
The Subgrantee agrees to comply with Executive Order 11246 entitled 'Equal Employment Opportunity' as
amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60).
G19. Nondiscrimination
During the performance of this agreement, the Subgrantee, its assigns and successors in interest, agrees as
follows:
I. Compliance with Reeulations• The Subgrantee shall comply with the regulations relative to nondiscrimination
in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations,
Part 21 and Title 23 , Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this
agreement.
2. Nondlscrintlrtntion: The Subgrantee, with regard to the work performed by it during the agreement. shall not
discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors.
including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly
or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, Including.
employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
• . ' Page 9 oi7lQ f~.,q~ ~3cP 6M
e 1&082
ww~Aw PAIAITV ATMRNIRY
d TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
3. +licitatlons for Subcontracts Includine Procurement of Materials and Enuloment• In all solicitations
either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a
subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier
shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations
relative to nondiscrimination on the grounds of race, color, sex, or national origin.
4. Information and Renorts: The Subgrantee shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other
sources of information and its facilities as may be determined by the Department or the U.S. Department of
Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any
information required of the Subgrantee is In the exclusive possession of another who falls or refuses to furnish this
information, the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as
appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncomnliance: In the event of the Subgrantee's noncompliance with the nondiscrimination
provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of
Transportation may determine to be appropriate, including but not limited to:
• withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or
• cancellation, termination, or suspension of the agreement in whole or in pan
6. Incoraorntion of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through S in every
subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or
procurement as the Department may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that in the event a Subgrantee becomes involved in, or is threatened with
litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department
to enter into such litigation to protect the interests of the Department; in addition, the Subgrantee may request the
United States to enter into such litigation to protect the interests of the United States.
G20. Minority Business Enterprise
It is the policy of the U.S. Department of Transportation that Minority Business Enterprises as defined in 49 CFR
23, Subpart A. shall have the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR 23,
exclusive of Subpart D, apply to this agreement as follows:
• The Subgrantee agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A.
have the maximum opportunity in the performance of contracts and subcontracts financed in whole or in part
with Federal funds. In this regard, the Subgrantee shall take all necessary and reasonable steps in accordance
with 49 CFR 23, exclusive of Subpart D. to insure that Minority Business Enterprises have the maximum
opportunity to compete for and perform contracts.
• The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of contracts funded in whole or in pan with Federal funds.
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the
notification of the Department, may result in termination of the agreement by the Department or other such
remedy as the Department deems appropriate.
G21. Debarment/Suspension
The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is
debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549, Debarment and Suspension.
The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify
its eligibility to receive federal grant funds. and, when requested by the Department, to furnish a copy of the
certification.
Page 9 of 10 257
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/ 10 002
. na•zoS COUNTY ATTORNEY
~.nS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G22. Signatory Warranty
C7
The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for
which she/he has executed this agreement and that she/he has full and complete authority to enter into this
agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the grant agreement,
or within thirty days, he/she will sign a letter designating signature authority by position title for grant-related
documents other than the grant agreement or grant agreement amendments. These other grant-related documents
will include, but not be limited to, the following: cost assumption plan, application for project extension,
administrative evaluation report, requests for reimbursement (RFR), and routine correspondence.
G23. Assurances and Certification
The Subgrantee attests that the assurances included in Attachment C of this agreement and the certification
included in Attachment D of this agreement are accurate and current.
G24. Intellectual Property
Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering
any data bases, software, inventions, training manuals, systems design, or other proprietary information in any
form or medium.
Copyrights: TxDOT, the (other party to the contract), and the federal government reserve a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for
government purposes:
• the copyright in any works developed under this agreement or under a subgrant or contract under this
agreement; and,
• any rights of copyright to which the (other party to the contract), its subgrantee, or contractor purchases
ownership of with financial assistance hereunder.
•
Patents: Rights to inventions made under this agreement shall be determined in accordance with 37 CFR 401.
The standard patent rights clause at 37 CFR $401.14 as modified below is hereby incorporated by reference:
• the terms 'to be performed by a small business firm or domestic nonprofit organization' shall be deleted
from paragraph (g)(1) or the clause;
• Paragraphs (g)(2) and (g)(3) of the clause shall be deleted; and
• Paragraph (1) of the clause entitled 'Communications,' shall read as follows:
'(t) Communications. All notifications required by this clause shall be submitted to TxDOT.'
If the grant results in the development of any intellectual property as defined in Transportation Code, Section
201.205, the Department and the Subgrantee shall jointly own all the rights, title, and interests in and to all data
and other information developed under the grant. Each agency may license, reproduce, publish, modify, or
otherwise use and authorize others to use the copyright in any work developed under this grant. All such
documents will contain a copyright mark acknowledging this joint ownership. There will not. be a charge to either
agency for such use.
1,
Page 10 of 10 6199
1 I. PROBLEM IDENTIFICATION:
- . ww • nww ommrrv &'rMDMR V
)
APPROVED PROJECT DESCRIPTION
BRAZOS COUNTY
(Name of Subgrantee)
1000!
ATTACHMENT A
To identify and video servers of alcoholic beverages and customers who show
signs of being intoxicated before the customer can depart the licensed premises and to
intervene to break the cycle of "Drink and Drive". Customers of licensed premises who
exhibit overt signs of intoxication comprise a high risk of impaired driving groups.
Licensed establishments that sell alcoholic beverages for on-premise consumption to
intoxicated persons increase the risk of fatal and injury crashes on the highway. This local
police program, in coordination with TABC, will deter licensed establishments and its
employees from selling alcoholic beverages to intoxicated person. This deterrence will be
effective by arresting or filing criminal charges on the server, and the intoxicated
person(s), and/or filing administrative charges against the establishment by suspending its
license or permit
II. OBJECTIVE/PERFORMANCE GOALS:
Objective:
To conduct a Sale to Intoxicated Person Program in Brazos County by September
30, 2000.
Performance Goals:
! (a) To decrease alcohol involved injury collisions by 5% from the 1998 baseline
year total of 79 to 75 by September 30, 2000.
(b) To develop an inter-agency task force in utilizing video equipment for
undercover operations in establishments that servelsell for on-premise
consumption of alcoholic beverages to intoxicated persons.
(c) To reduce the number of establishments that sell alcoholic beverages to
intoxicated persons by issuing citations and/or administrative cases against
establishments that are found to sell alcoholic beverages to intoxicated persons.
(d) To increase the law enforcement activities on the establishments that sell
alcoholic beverages for on-premise consumption in Brazos County during fiscal
year 2000
GencrW 6/99
Page 1 of 5
I
' A
01 19002
ao,~nc rntttt'rY MORNEY
III. PERFORMANCE INDICATORS:
l) Number of investigations conducted.
2) Number of arrests for public intoxication.
3) Number of arrests for sale of alcoholic beverages to an intoxicated person.
4) Number of administrative sanctions.
5) Number of other criminal violations detected.
IV. RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out the objectives of this grant by implementing the Action Plan in this
attachment.
B. All newly developed public information and education (PI&E) materials must be '
submitted to the Department for written approval prior to final production.
C. An Administrative Evaluation summarizing all activities and accomplishments
will be submitted on Department approved forms no later than 45 days after the
grant ending date.
D. Attend meetings according to the following:
1. The Subgrantee will arrange for meetings with the Department as
indicated in the Action Plan to present status of activities, discuss
problems and schedule for the following quarter's work.
2. The project coordinator or other qualified person will be available to
represent the Subgrantee at meetings requested by the Department.
E. For out of state travel expenses to be reimbursable, the Subgrantee must have
obtained the approval of the Department prior to the beginning of the trip. Grant
approval does not satisfy this requirement.
F. Maintain verification that wages or salaries for which reimbursement is requested
is for work exclusively related to this project.
G. Ensure that salaries for employees reimbursed under this grant will in no way
supplant (i.e., replace state or local expenditures with the use of federal grant
funds) Subgrantee wages for activities which are already supported by local or
state funds. ,
H. The Subgrantee should have a safety belt use policy. If the Subgrantee does not
have a safety belt use policy in place, a policy should be implemented during the
grant year.
01
General 6/99 {7- Page 2 or s VV t,^
F a~E r.;Ar
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10002
V. RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with performance obligations and fiscal
requirements of this grant.
B. Provide program management, technical assistance and attend meetings as
appropriate.
C. Reimburse the Subgrantee for all eligible costs as defined in Attachment B,
Approved Project Budget. Requests for Reimbursement will be processed up to
the maximum amount payable as indicated on the cover page of the agreement.
D. Perform an administrative review of the project at the close of the grant
period to include a review of adherence to budget, Action Plan and attainment of
objective/performance goals.
General.6199 Page 3 of S
x241
c •
e
Y
T f . ~
v
AC i 1UN PLAN
N
O -
OBJECTIVE: To conduct a Sale to Intoxicated Person Grant in Brazos County by September 30, 2000
I TASK: To fulfill administrative and general grant requirements
°C
'
I
Y
I
C
I
c
I
c
-
I
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i
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1
9/98
PROJECT MONTH
ACTMTY
RESPONSIBLE
JL
AU
SE
OC
NO
DE
JA
fB
MR
AP
MY
JN
JL
AU
SE
OC
NO
1. Grant delivery meeting held.
Department
P
P
2. Requests for Reimbursement
submitted.
Subgrantee
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3. Performance Reports submitted.
Subgrantee
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
4. Grant progress review meeting.
Subgrantee &
Department
P
P
P
P
P
5. Conduct on-site monitoring visit
Department
4
6. Submit letter regarding signature
authority.
Subgrantee
P
P
7. Submit Cast Assumption Plan.
Subgrantee
P
8. Administrative Evaluation submitted.
Subgrantee
P
P
9. Submit operational cost per vehicle
mile (if applicable).
Subgrantee
P
P
10 Submit Project Extension Request
(if applicable).
Subgrantee
P
1 t. Develop Inter-agency task force.
Subgrantee
P
P
I
_j
Page 4 of 5
0 0
,
r
,1
ACTION PLAN
OBJECTIVE: To conduct a Sale to Intoxicated Person Grant in Brazos County by Sept. 30, 2000
TASK: To decrease alcohol related injury crashes.
rl
ACTMTY RESPONSIBLE PROJECT MONTH
JL AU SE OC NO DE JA FS MR AP 1(Y JN JL AU ' SE TNO
[
1. Develop inter-agency task force. Subgrantee P P P P P P
P P P P P P P 2. Develop and improve video equipment Subgrantee P P P
P p
3. Develop and improve audio equipment Subgrantee P P P
P p
4. Conduct investigations. Subgrantee P P P p p p
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•
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T" 7.
Brazos County Commissioner's Court
Brazos County Courthouse
300 East 26th Street, Room 115 .
Bryan, TX 77803
Re: Burleson St. Joseph Manor Revenue Bonds, Series
1999
County Judge and Commissioner:
Pursuant to Section 221.062 of the Health Facilities Development Act, Texas Health &
Safety Code (formerly Section 4.03, Article 1528j, V.A.T.C.S.) (the "Act'), the Act under which the
Brazos County Commissioner's Court created the Brazos County Health Facilities Development
Corporation, notice is hereby given that the Brazos County Health Facilities Development
Corporation intends to issue its above-captioned bonds (the "Series 1999 Bonds") for the purpose
of providing financing or refinancing for all or part of the cost of a health facility (as such term is
defined in the Act) (the "Project") for Burleson St. Joseph Manor, a Texas non-profit corporation
(the "Health Facility"). The anticipated size of the proposed issue of the Series 1999 Bonds is not
to exceed $10,000,000. The Project shall be located at 1022 Presidential Corridor, Highway 21 East,
Caldwell, Texas. The necessity for such Project is to assist the maintenance of public health and to •
provide health facilities for the promotion and development of health care, all for the public purpose
of promoting the health and welfare of the citizens of the State of Texas, and the Project is needed
for the purpose of improving the adequacy, cost, and accessibility of the health care, research, and
education within this State.
The proposed Series 1999 Bonds will be issued not less than fourteen (14) days from the date
of filing of this letter.
Sincerely,
BRAZOS COUNTY HEALTH FACILITIES
DEVELOPMENT CORPORATION a
By:
(SEAL)
3 / q99 s
Date of Filing:
•
i1UL_ 7 1% 19 a4,q
~1.4
i
RESOLUTION OF BRAZOS COUNTY COMMISSIONERS COURT
RELATING TO APPROVAL OF THE
BURLESON ST. JOSEPH MANOR
REVENUE BONDS, SERIES 1999
WHEREAS, the creation of the Brazos County Health Facilities Development Corporation
(the "Issuer') was authorized by a resolution of the Brazos Commissioners Court ("Brazos County')
on January 11, 1982, in accordance with the provisions of the Health Facilities Development Act,
Chapter 221, Texas Health & Safety Code (formerly Article 1528j, V.A.T.C.S.), as amended; and
WHEREAS, Section 1.3(c) of the Bylaws of the Issuer provides that as a condition precedent
to the issuance of obligations, the Issuer must obtain the approval of the issuance of such obligations
by written resolution of Brazos County; and
- : WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code'),
requires that the Commissioners Court of Brazos County approve the Bonds described below to be
issued by the Issuer on behalf of Brazos County, Texas for the purposes set forth in the resolution
of the Issuer hereinafter described; and
WHEREAS, the Issuer intends to issue its Brazos County Health Facilities Development
Corporation Burleson St. Joseph Manor Revenue Bonds, Series 1999 in an aggregate principal
amount not to exceed $10,000,000 (the "Bonds'), pursuant to the resolution of the Issuer attached
hereto as Attachment A and made a part hereof, and
WHEREAS, the Bonds are being issued for the purpose of (i) financing or refinancing the
cost of certain health facilities, (ii) making a deposit to the reserve fund established under the Bond
Indenture to secure the Bonds, (iii) paying capitalized interest on the Bonds, and (iv) paying certain
issuance costs in connection with the Bonds; and
WHEREAS, two public hearings have been held by or at the direction of the Issuer with
respect to the issuance of the Bonds, and notice of such public hearing was published in a newspaper
of general circulation in Brazos County and Burleson County at least 14 days prior to the date of
such public hearing; and
WHEREAS, Brazos County finds and determines it is necessary and advisable that this
Resolution be adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF
BRAZOS COUNTY, TEXAS: •
1. That the issuance of the Bonds by the Issuer is hereby approved in accordance with
the Bylaws of the Issuer; and
it ` L / 7 ~m , a21(5
•
•
•I-
2. That the issuance of the Bonds is hereby approved for the purposes of Section 147(f)
of the Code.
3. That the approvals in Section 1 and 2 hereof are for the sole purpose of compliance
with applicable law, and Brazos County in no way shall be liable on or responsible for the
Bonds.
0•
N :
A'ITTACKMENT A
RESOLUTION OF ISSUER
. D
1
s
g,
747
e
•
RESOLUTION
BY THE BOARD OF DIRECTORS OF
BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION
RELATING TO THE ISSUANCE OF
BURLESON ST. JOSEPH MANOR
REVENUE BONDS
SERIES 1999
WHEREAS, Brazos County Health Facilities Development Corporation (the "Issuer") has
been created and organized in accordance with the provisions of the Health Facilities Development
Act, Chapter 221, Texas Health & Safety Code (formerly article 1528j, V.A.T.C.S.) (the "Act'), with
powers to provide, expand, and improve health facilities (as defined in the Act); and
WHEREAS, the Issuer is authorized by the Act to make secured or unsecured loans for the
purpose of providing temporary or permanent financing or refinancing of all or part of the cost of
health facilities, including the refinancing of any outstanding obligations, mortgages, or advances
issued, made, or given by any persons for the cost of a health facility, and to charge and collect
interest on such loans for such loan payments upon such terms and conditions as the Board of
Directors of the Issuer may deem advisable and as are not in conflict with the provisions of the Act;
and
WHEREAS, the Issuer is authorized by the Act to issue its bonds, the proceeds of which may
be used for the making of a loan in the amount of all or part of the cost of financing or refinancing
health facilities; and
•
WHEREAS, the Issuer is authorized by the Act to pledge all or any part of the revenues
realized from a loan made by the Issuer to finance or refinance in whole or in part health facilities,
or any other revenues as may be provided by a user of a health facility, to secure any one or more
of the principal payments of bonds authorized under the Act, and the interest and redemption
premiums, if any, thereon; and
WHEREAS, the Issuer is authorized by the Act to make and execute contracts and other
instruments necessary or convenient to the exercise of any of the powers granted in the Act; and
WHEREAS, the Issuer is authorized by the Act to have and exercise all powers necessary
or appropriate to effect any or all of the purposes for which the Issuer is organized;
WHEREAS, the Issuer is authorized by the Act to issue Bonds to finance costs, to reimburse
costs, and to refinance outstanding obligations relating to a health facility outside the limits o€
Brazos County with the consent of each other sponsoring entity in which the health facility is to be
located;
0
~ ~ ,ate
WHEREAS, the consent of Burleson County and Burleson County Hospital District, which
are sponsoring entities as defined in the Act, to the issuance of the Bonds by the Issuer has been
obtained as required by the Act;
WHEREAS, the Board of Directors of the Issuer has determined to issue a series of its bonds
entitled "Brazos County Health Facilities Development Corporation Burleson St. Joseph Manor
Revenue Bonds, Series 1999" (the "Series 1999 Bonds') and to loan the proceeds thereof to
Burleson St. Joseph Manor for the payment of all or part of the cost of financing and refinancing
health facilities in and around the County of Burleson, Texas and in the State of Texas;
WHEREAS, the Board of Directors of the Issuer has determined that the health facilities to
be financed and refinanced with the proceeds of the Series 1999 Bonds are needed for the purpose
of improving the adequacy, cost, and accessibility of health care, research, and education within the
State of Texas; and
- - WHEREAS, the Board of Directors of the Issuer has determined that the financing and
refinancing of the health facilities referred to in this Resolution are required, necessary, or
convenient to health care, research, and education within the State of Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION:
That, in order to secure the payment of the principal of and interest on the Series
1999 Bonds, and to prescribe the terms and conditions upon which such Series 1999 Bonds
are to be secured, issued, executed, authenticated, accepted, delivered, and held, the President
and Vice-President of the Issuer are hereby authorized and directed to execute, acknowledge,
and deliver an Indenture of Trust (Bond Indenture), dated as of July 15, 1999 (the "Bond
Indenture") and the Secretary or Assistant Secretary of the Issuer is hereby authorized to
affix thereto and attest the corporation seal and acknowledge the same, and said officers of
the Issuer are hereby authorized and directed to cause the Series 1999 Bond Indenture to be
accepted, executed, and acknowledged by Norwest Bank Texas, N.A., as trustee (the
"Trustee").
2, That, the form of the Bond Indenture which constitutes part of this Resolution shall
be substantially in the form attached hereto as Exhibit A but with such changes therein as
the officers of the Issuer executing such document shall approve, their execution thereof
being deemed conclusive of their approval of any such changes.
3. That, the issuance of "Burleson St. Joseph Manor Revenue Bonds, Series 1999" in
an aggregate principal amount not to exceed $10,000,000 at the rates of interest per annum,
and maturing on the dates and in the amounts as set forth under the Series 1999 Bond
Indenture, and with such other provisions as set forth in the Series 1999 Bond Indenture, is
hereby authorized.
•
•
i
4. That, the sale of the Series 1999 Bonds to a subsidiary of Merrill Lynch & Co. (the
"Buyer), at a private negotiated sale between the Issuer and the Buyer upon such terms and
conditions as approved by the officers of the Issuer is hereby authorized, ratified, and
confirmed.
That, the President or the Vice-President of the Issuer is hereby authorized and directed to
effect such sale upon receipt of an Investment Letter from the Buyer, which Investment Letter shall
be substantially in the form attached hereto as Exhibit B, but with such changes therein as the
officers of the Issuer shall approve, their acceptance of same being deemed conclusive of their
approval of any such changes.
That, the President or Vice-President of the Issuer is hereby authorized and directed
to execute and deliver the Loan Agreement relating to the Series 1999 Bonds by and between
the Issuer and Burleson St. Joseph Manor dated as of July 15, 1999 (the "Loan Agreement'),
and the Secretary or Assistant Secretary of the Issuer is hereby authorized to affix thereto and
attest the corporation seal of the Issuer and acknowledge the same.
6. That, the form of the Series 1999 Loan Agreement which constitutes part of this
Resolution shall be substantially in the form attached hereto as Exhibit C but with such
changes therein as the officers of the Issuer executing such Loan Agreement shall approve,
their execution thereof being deemed conclusive of their approval of any such changes.
7. That, the proper officers of the Issuer are hereby authorized, in the name and on the
behalf of the Issuer, to execute and file such instruments and papers and to take or cause to
be taken all such other action, as they may deem necessary or advisable in order to comply
with the requirements of the securities or "Blue Sky" laws of any jurisdiction, in connection
with the offering and sale of the Series 1999 Bonds, and all action heretofore taken by such
officers or other representatives of the Issuer in connection with such laws is hereby
approved, ratified, and confirmed.
8. That, the Trustee is hereby appointed as Paying Agent under the Indenture.
9. That, the President or the Vice President of the Issuer is hereby authorized to execute
and deliver the Tax Regulatory Agreement dated as of July 15, 1999, among the Issuer,
Burleson St. Joseph Manor, and the Trustee described above, and the Secretary or the
Assistant Secretary of the Issuer is hereby authorized to affix thereto and attest the
corporation seal of the Issuer and acknowledge the same, in the form set forth as Exhibit D
hereto, but with such changes as the officers of the Issuer executing such document shall
approve, their execution thereof being deemed conclusive of their approval of any such
changes.
10. That, the President of the Issuer is hereby authorized to have control of the Series
1999 Bonds issued hereunder and all necessary records and proceedings pertaining to the
Series 1999 Bonds pending their delivery and the investigation, examination, and approval
by the Attorney General of the State of Texas, and their registration by the Comptroller of
W
I
d
the Public Accounts of the State of Texas. Upon registration of the Series 1999 Bonds, said
Comptroller of Public Accounts (or a deputy designated in writing to act for said
Comptroller) shall manually sign the Comptroller's Registration Certificate on the Series
I~ 1999 Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on
4 the Series 1999 Bonds. The legal opinion of Bond Counsel and the assigned CUSIP
numbers may, be printed on Series 1999 Bonds and the Series 1999 Bonds or on any Series
1999 Bonds issued and delivered in conversion of and exchange or replacement of any Bond,
but neither shall have any legal effect, and shall be solely for the convenience and
information of the registered owners of the Series 1999 Bonds.
11. That, the officers of the Issuer are hereby authorized to take or cause to be taken all
action necessary or advisable in connection with the issuance, sale, and delivery of the Series
1999 Bonds, including the execution of financing statements, certificates, investment
instructions, instruments, and documents related thereto, including those relating to the
deposit of the Series 1999 Bonds with The Depository Trust Company, and all such action
heretofore taken is hereby ratified and confirmed.
12. That, all orders, resolutions, or other actions or parts thereof of the Board of Directors
of the Issuer in conflict herewith are hereby expressly repealed. After the Series 1999 Bonds
are issued, this Resolution shall be and remain unrepealable until the Series 1999 Bonds and
interest thereon shall have been fully paid, canceled, and discharged. -
2271113.4106 M.1
I
71
SIGNED AND SEALED the day of 7,40 , 1999.
~y ry-
• '
County Cl rk, Countydge,
Commissioners Court Commissioners Court
(SEAL)
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06/21199 1 OF 1 1064-
2284-
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BRAZOS COUNTY, TEXAS
PURCHASING MANUAL
1999
Originally Adopted: March 5,1996
Effective: April 1. 1996
Revised:
1. March 21,'096
2. April 16, 1996
I May 26, 1998
4. July 16, 1999
' n
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PURCHASE CATEGORIES
•
The County has established various levels of purchasing categories that have been outlined
below. The purchase of all goods and services described in this manual fall within one of the
established categories. These categories are necessary in order to evaluate whether or not
competitive bidding requirements apply to the purchase. If it is determined that competitive
bidding requirements do not apply, then the purchase category will indicate what pricing
information must be obtained from vendors before a purchase order can be placed.
When evaluating which category a purchase will fall into, it is important to bear in mind certain
requirements established by County Statutes and State Law. The Texas Local Government Code
requires competitive bidding or proposals for all County purchases exceeding $25,000.00 in
amount for a product or with a vendor. The laws also prohibit the County from making
"separate, sequential, or component purchases to avoid the competitive bidding requirements."
A violation is a Class B misdemeanor ($2,000.00 fine and/or 180 days in jail) and conviction
results in immediate removal from employment and ineligibility for other public office for four
years (LGC Section 262.034 - 262.035).
By routing all purchases through the Purchasing Department, it becomes possible for purchases
of similar goods and/or services to be identified and the purchase from the same vendor to be
noted. In this manner it becomes possible to identify areas where competitive bidding or
proposals will be required.
is
THE PURCHASING AGENT RESERVES THE RIGHT TO DEVIATE FROM THE POLICY
FOR ANY PURCHASES UNDER THE $25,000.00 COMPETITIVE BIDDING THRESHOLD,
if it is in the best interest of the County, if it will facilitate specific County operations. If a
deviation from the policy is required, the Purchasing Agent will authorize the deviation by
signing the Purchase Order giving approval. A written explanation may be requested from the
using department by the Purchasing Agent.
1. CATEGORY I - PURCHASE LESS THAN $500.00
A. The individual department head may exercise discretionary purchasing and acquisition of
such purchases as authorized within the scope of this manual and within the authority
provided within the current fiscal year budget. These purchases will be accomplished
through the use of automated requisition/purchase orders created and issued directly by
the department, and approved by the Department Head and County Judge.. Competitive
quotations are encouraged, but not required
II. CATEGORY 2 - PIRCHASES $500.00 OR MORE BUT LESS THAN $2,000.00
A. Three telephone quotations, at minimum, are required for purchases of goods and services
with a total cost of $500.00 or more, but less than $2,000.00. All such purchases require
a purchase order. The ordering department may solicit the quotations or leave the
responsibility up to purchasing. The department is still responsible for initiating the
requisition.
•
VUL.11 , APUM.~ b ka..n,
_I
HL CATEGORY 3 - PURCHASES S2,000.00 OR MORE. BUT--LESS THAN S10,000
A. A minimum of three written quotations are required for purchases of goods and services
with a total cost of $2,000.00 or more, but less than $10,000.00. The ordering department
may solicit the quotations or leave the responsibility up to purchasing. The department is
still responsible for initiating the requisition. All such purchases require a purchase order
approved by the Purchasing Agent.
IV. CATEGORY 4-PURCHASES OF S10 000 00 OR MORE BUT LESS THAN $25,000
'
A. The Purchasing Department will be responsible for securing specifications and for
soliciting vendor responses and price quotes. All purchases require a minimum of three
written quotations, or at the discretion of the Purchasing Agent competitive bid responses
may be solicited. All purchases require a purchase order approved by the Purchasing
Agent and the County Judge.
V. CATEGORY 5 - PURCHASES MORE THAN $25.000.00
A. Sealed competitive written bids or proposals must be secured by the Purchasing
Department for all transactions reasonably anticipated to be in excess of $25,000.00. ,
This category not only includes single product or service purchases, but several purchases
with the same vendor for different products (See Section on Competitive Bid Process).
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http:/Avww.capitol.state.tx.us/tlof76R/bilitext/SB01669F.H'IM
.Az%) SB 1669 Enrolled version - Bill Text
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purchasing.
SECTION 2. Subsection (a), Section 262.023, Local Government
Code, is amended to read as follows:
(a) Before a county may purchase one or more items under a
contract that will require an expenditure exceeding $25,000
03,0001, the commissioners court of the county must comply with
the competitive bidding or competitive proposal procedures
prescribed by this subchapter. All bids or proposals must be
- = sealed.
SECTION 3. Subsection (a), Section 262.026, Local Government
Code, is amended to read as follows:
(a) The county official who makes purchases for the county
shall open the bids on the date specified in the notice. The date
specified in the notice may be extended if the commissioners court
determines that the extension is in the best interest of the
county. All bids, including those received before an extension is
made, must be opened at the same time. The commissioners court may
adopt an order that deleqates the authority to make exte si
l
n on
r this subsection to the county official who makes purcha
the county (1`Y the F-m i ►Flnr~rn
SECTION 4. The change in law made by Section 1 of this Act,
relating to the requirement that a county purchasing agent complete
25 hours in courses involving county purchasing, applies only to
each term of office of a county purchasing agent that begins on or
after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 1999.
SECTION 6. The impoetance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1669 passed the Senate on
April 16, 1999, by a viva-voce vote; and that the Senate concurred
in House amendment on May 21, 1999, by a viva-voce vote.
♦ , Secretary of the Senate
I'hefeby certify that S.B. No. 1669 passed the House, with
amendment, on May 19, 1999, by a non-record vote.
Chief Clerk of the House
Approved:
Date
Governor
1 of 1 ~~1 7 l ~ g: a a 6125/99 8.18 AM
s
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f
AN ACT
relating to the qualifications of a county purchasing agent and to
county purchasing procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.011, Local Government Code, is
amended by adding Subsection (p) to read as follows:
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: July 13. 1999
ITEM: Request from GTE to construct a road bore and oarallel cable ins allation in the
west right of way of Dilly Shaw Tap Road from FM 974 lo Fawn Lake Drive for a
distance of 11.650' and along the south right of way of Marino Road beginning at its
intersection with Dilly Shaw Tap Road for a distance of-3,400'. Site is located In
Precinct 2.
SOURCE OF FUNDS: N/A
PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be Installed 1) within 3-5' of and parallel to the right-of-way line and/or
2) In the case of a road bore, perpendicular to the right-of-way fine.
C) If clearing of brush, trees and other obstruction Is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees, etc. from County right-
of way.
D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698;
test shall be conducted by an Independent Geotechnlcal testing firm; copies of all test
results shall be furnished to the office of the Brazos County Engineer.
E) Construction shall be In strict conformance to the latest Texas Manual of Uniform
Traffic Control Devices for Streets and Highways, published by the Texas Department
of Transportation, and all other state and federal laws governing utility construction.
SUB BY:
Richard F. Vance, P.E.
County Engineer _
L CC99-053
APPROVED BY:
' Commissioner Willliam S. Thornton
Precinct 2
Approvedii7/DeniedO by Commissioners' Court
Date: 7- /a --4!T
/Jo oz
Alvin N. Jones unty JJJudge
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Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy 21
Bryan, TX 77803
Dear Sir:
June 28, 1999
Ll
•
® GTE Network
Services
Access Design
301 Industrial Blvd.
Bryan, TX 77803
Subject: AGRMNTS 24 BURIED CABLE
Enclosed are Form ED-135 and work location sketch showing the location of our
proposed buried on County roads in Brazos County at Bryan, Texas.
This work is to be completed on Work Order 5416 - 3F001 BS which is scheduled for
July, 1999. If you have any questions concerning this order, please contact Steve
Thomas at our office in Bryan, telephone 409-821-4616 within 15 days so that we may
explain or modify our proposal, otherwise, it is understood that this is approved.
Sincerely,
Charlie Clanton
Designer - Access Design
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GENERAL TELEPHONE NOTICE OF COMMUNICATION
COMPANY LINE INSTALLATION
June 28, 1999
TO THE COMMISSIONER'S COURT OF BRAZOS COUNTY
ATTENTION COUNTY JUDGE:
Formal notice is hereby give that GTE will construct a communication line within the
right-of-way of a County Road in Brazos County, Te)Ms as follows:
Cable to be placed approximately 3' in west R.O.W. of Dilly Shaw Tap
Road from state R.O.W. of FM 974 to Fawn Lake Dr., approximately
11,650'. Also along the south side of Marino Road from Dilly Shaw Tap
and going approximately 3400'.
The location and description of this line and associated appurtenances is more fully
shown by two (2) copies of drawings attached to this notice. The line will be
constructed and maintained on the County Road right-of-way in accordance with
governing laws.
Notwithstanding any other provision contained herein, it is expressly understood
that tender of this notice by the GTE Southwest Incorporated does not constitute a
waiver, surrender, abandonment of impairment of any properly rights, franchise,
easement, license, authority, permission, privilege or right, now granted by law or may
be granted in the future and any provision or provisions so construed shall be null and
void.
Construction of this line will begin on or after July 15 1999.
GENERAL TELEPHONE COMPANY 5416 - 3F001 BS
Charlie Clanton-~
Designer - Access Design _ s
301 Industrial Blvd.
Bryan, Texas 77803
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