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HomeMy WebLinkAbout2001-07-17-0900AM-Regularf FIL ED • NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, JULY 17, 2001 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation - Commissioner Sims. 2. Pledge of Allegiance - Commissioner Sims. 3. Call for citizen input and/or concerns. Consider and take action on agenda items 4 - 23: 2001 JUL 13 A la 54 8RAZ0 COUNTY. BRYAN T SAS 8 UTY BRAZOS COUNTY BRYAN. TEXAS 4. Freezing of position changes and salary increases until beginning of the new fiscal year (October 1, 2001). 5. Reclassification of the Interim Director of the Brazos Center to Director. 6. Requisition from the 2721 District Court departmental funds for a copier. 7. Budget Amendments 00/01-34.2 and 00/01-34.8. 8. Budget Amendment 00/01-35. 9. Personnel Changes of Status. 10. Payment of Claims. 11. Emergency Medical Ambulance Service Interlocal Agreement with the City of Bryan. 12. Authorization for buy-back of Retirement Account funds. 13. Amendment One to the Lease of State of Texas Registration and Title System Information Resources and Support for the use of State of Texas Automation Equipment. • 14. Disparate Agreement with the Cities of Bryan and College Station relative to the Local Law Enforcement Block Grant for the Sheriffs Office. 15. Resolution authorizing the County Treasurer to transfer funds from the Ervin L. Cain Trust Account #423-1954429 to the Brazos County Unclaimed Funds Account. . z z-.a~av~.~c+~r-c-~ rrrs--e-- °F- ..Nu Commissioners Court Meeting Agenda 1 July 17, 2001 Page Two 1 G F- l t' V~ r 16. Application for Participation and Policy Statement to the National School Lunch Program and School Breakfast Program for the Juvenile Services Department. 17. Application to the Texas 1033 Surplus Property Program for the Narcotics Task Force. 18. Renewal of the Incentive Payment Memorandum of Understanding with the Social Security Administration for the Sheriff s Office, Jail Administration. 19. Amendment to an Intergovernmental Lease Agreement for the Brazos Animal Shelter, Inc. 20. The Gramm-Leach-Bliley Act Supplement to the Dallas Computer Services, Inc. Subscriber Agreement for the Narcotics Task Force. 21. Blanket Purchase Orders as follows: a. $500.00 to Superior Auto Service, Inc. for the Sheriffs Office. b. $1,000.00 to Lowe's for the Brazos Center. C. $5,000.00 to Buchanan/Soil Mechanics for the Road & Bridge Department. 22. Authorizing Purchasing Department to advertise for the following: a. Bid #2001-049 - Oil Changes, County Vehicles b. Bid #2001-050 - Jail Commissary 23. Request to install an ATM machine in the lobby of the Courthouse. 24. Announcement of interest items and possible future agenda topics. 25. Call for citizen input and/or concerns. 26. Convene into Executive Session pursuant to §551.072 of the Texas Government Code to discuss acquisition of real property for the Exposition Center. 27. Consider and take action on Executive Session. 28. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for T sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 3614102. ~t a.3 450 - ti t COMMISSIONERS' COURT REGULAR MEETING JULY 17, 2001 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 17, 2001, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; I Tony Jones, Commissioner of Precinct 1, Absent; Wm.S. Thornton, Commissioner of Precinct 2, Absent; Randy Sims, Commissioner of Precinct 3; t Carey Cauley, Jr., Commissioner of Precinct 4; ` Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Sims gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns, Roy Flores suggested having a greeter at the front door of the Courthouse. The County Judge reminded him that we have a receptionist at the • lobby desk. The first matter before the Court was the freezing of position changes and salary increases until beginning of the new fiscal year, October 1, 2001. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to freeze position changes and salary increases until beginning of the new fiscal year. The next matter for consideration was the reclassification of the Interim Director of the Brazos Center to Director. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to reclassify Janice McKean to Director of the Brazos Center. The Court proceeded to consider a requisition from the 272 pd District Court departmental funds for a copier. G Vol Page n ~1. 1 ,t ~ '*Jfr .~1,'~+r . pie!'fEC4~II~FS'17n+S'tJE~^'afc 'w•CirR ~ r _ -._+.•s.:.i:L_. - ~yei•. 's1.r'C~.-.i~..i.Yr"C~'iA.'.]•,j.i+NT~.i,~?.:a{'.T1.f~16, id~:i`~P.~.~:.eb.w:4Cr=~w.~a w. ~ _ Y Commissioners' Court meeting July 17, 2001 2 1 t 1 f f a r i G f 4 F~ g• x s1' On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition in the amount of $2,970.37 for a copier. The Court next considered Budget Amendment #00/01-34.2 and 34.8, which would reallocate funds for the 272n" District Court and the Judicial Software Fund. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the budget amendment as submitted. A copy of is attached hereto. The Court next considered Budget Amendment #00/01-35.1 through 35.7, which would reallocate funds for TDH Commodities, Capital Improvements Funds, County Records Management Fund, District Attorney Crime Fund, Purchasing, Sheriff's Crime Fund and Treasurer's Office. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to approve the budget amendment with the exception of 35.7 for the Treasurer's Office. A copy of which is attached hereto. The Court proceeded to.consider the change of status of employees as submitted on the attached Personnel Action Requests. Commissioner Sims moved to approve the changes as submitted. Commissioner Cauley seconded the motion. Commissioners Sims voted "Aye". Commissioner Cauley and the County Judge voted "No". The motion failed. Commissioner Sims then moved to approve the Change of Status with the exclusion of the Brazos Center, Information Technology Department, District Attorney and the Treasurer's Office. The County Judge seconded the motion. The County Judge and Commissioner Sims voted "Aye" Commissioner Cauley voted "No". The motion carried. Vol a.3 Page 452,,~ ♦ _ - - . i~ i L•. . .4C 4:ii•'1,.(~ ~r~-w~4~1+4'.C'~A..\ F S.n E 4 { i r F i F `T F z s _ waµ~w~arMw•*s~+me~~rWrp#sen!4wfi~~-~Yaw~at~rC:.r.... - _ .~.vc>+...w._. 1 Commissioners' Court meeting July 17, 2001 3 The Court next considered the following Claims as submitted by the County Treasurer for payment: 20020580 through 20020939 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as • submitted. The next matter before the Court was approval of an Emergency Medical Ambulance Service Interlocal Agreement between Brazos County and the City of Bryan. The City will provide Emergency Medical Ambulance Services to any person within the Automatic Aid Response District for which Bryan is assigned responsibility. The cost to Brazos County will be $60,000.00 annually for FY 2000-2001, $75,000 annually for FY 2001-2002 and $100,000 for FY 2002-2003. Bill Jeanes, Risk Manager informed the Court that the County will share in any claims against the City of Bryan. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the City • of Bryan. A copy of the contractual agreement is attached hereto. The next matter for consideration was a request for authorization for buy back of retirement account funds. Commissioner Cauley moved to approve. The County Judge seconded the motion. After discussion in which it was brought out that to approve the buy back would increase both the employer contribution rate and the County's unfunded actuarial liability. Commissioner Cauley and the County Judge withdrew their motion and second. Then on motion by Commissioner Sims, seconded by Commissioner Cauley the Court voted unanimously to r. deny the request. ' The Court proceeded to consider Amendment One to the Lease of State of Texas Registration and Title System ~t ; Information resources and support for the use of State of ~i • Vol a 3 Page 453 a "7 .r r .a A . 7N'R;7ffe~ "r',;1C~ STS 3 ...r..... _ ..r w .+.+i.wwl•..:•~.vy .•,.i.: r r..l, ,sici~: ~{•'.~~..::"«r~ ?r:~ia+:.ii.:~FC-xr& YbaY~(r[=ARA4R~~Lr"S.°ntll~yayaF~'1lFr ~ ~ N• ' I 1 If I Commissioners' Court meeting July 17, 2001 4 Texas Automation Equipment. On motion by Commissioner Sims, t seconded by Commissioner Cauley, the Court voted unanimously to pay $1,500 per year per station for four (4) stations. The Court next considered approval of Agreement with the Cities of Bryan and College Station for the disparate sharing of the Local Law Enforcement Block Grant for the Sheriff Is Office. There is a required cash match of 119 of the total to 1 be contributed by the County which is $5,059.77. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to approve the Agreement with the Cities of 4 r Bryan and College Station. A copy is attached. f~ The next matter before the Court was adopting a ti Resolution authorizing the County Treasurer to transfer funds from the Ervin L. Cain Trust Account #423-1954429 to the Brazos County Unclaimed Funds Account. There is $94.25 in 5 unidentified funds sitting in the account. On motion by d Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Treasurer to transfer the $94.25 from the Ervin L. Cain Trust Account #423- 1954429 to the Brazos County Unclaimed Funds Account. f The Court next considered making application for i Participation and Policy Statement to the National School Lunch Program and School Breakfast Program for the Juvenile Service Department. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to ~s make application for participation and authorized the County Judge to execute the document. A copy is attached. The Court next considered submitting an application to the Texas 1033 Surplus Property Program for the Narcotics Task Force. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to make application to the Texas 1033 Surplus Property Program and Vol 013 Page 45 It C. ,A , _..,_":'`.'-..l',` _ .~w"•.+`~W .i{~4'. ::;F ,E +r~~~,~a.~~ i..~x.L ;Cr~`3i~iti..~^"»i' .~,.i.l f f r4 N Y • • • Commissioners' Court meeting July 17, 2001 5 authorized the County Judge to execute the application. A copy is attached. The next matter for consideration was the renewal of the Incentive Payment Memorandum of Understanding between the Sheriff's Office, Jail Administration and the Social Security Administration. This agreement allows Brazos County to receive incentive payments for reporting information about Social Security recipients in the custody of the Sheriff's office to Social Security Administration. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to renew the Incentive Payment Memorandum of Understanding. A copy is attached. The Court next considered an Amendment to an Intergovernmental Lease Agreement for the Brazos Animal Shelter, Inc. This amendment to the Intergovernmental Agreement is made in order to approve a new ten year lease agreement between the City of Bryan and the Animal Shelter. The current lease expires on June 30, 2001. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the amendment to the Intergovernmental Lease Agreement. A copy is attached. The next matter before the Court was consideration of the Gramm-Leach-Bliley Act Supplement to the Dallas Computer Services, Inc. Subscriber Agreement for the Narcotics Task Force. With recent changes to state and federal laws, .entering into a written agreement will satisfy those requirements governing the use of such Credit Header Information databases. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to executes the GLB Supplement to DCS Subscriber Agreement. A copy is attached. Vol 0 Page 455 i ~y - - _ - - ~ a, . - fySY~7u ~~-~.'~'LnI1Ai~$f1.b71.'~i~i iw Y.KR.~+jtn~d~''Y't~_t-V~i71~..S~iy..~i r.•Ji~.-~il~'i1v ..'1 Y ~ r ~ t(~ I t t. Commissioners' Court meeting July 17, 2001 6 r The Court proceeded to consider the following blanket t Purchase Orders: t Superior Auto Ser Sheriff $ 500 Lowe's Brazos Center $1,000 Buchanan Soil Mech Road & Bridge $5,000 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Blanket r 1 Purchase Orders as submitted., The Court next considered authorizing the Purchasing Agent to advertise the following bids: a) Bid No. 2001-049, Oil Changes, County Vehicles y i b) Bid No. 2001-050, Jail Commissary On motion by Commissioner Cauley, seconded by Commissioner g Sims, the Court voted unanimously to authorize the Purchasing Agent to advertise the previously noted bids. ' The Court next considered a request from the Purchasing t Department to install an ATM machine in the lobby of the Courthouse. The only cost to the County would be $50.00 per month for the phone line. This will help collections since t outstanding debts can only be paid with a money order or cash. Commissioner Sims moved to approve the request. Commissioner t Cauley seconded the motion. The Jail Administrator stated s this would benefit the jail and the Tax Assessor/Collector i•. asked for one for the Tax Office. Commissioners Sims and Cauley withdrew their motion and second. Then on motion by r Commissioner Sims, seconded by Commissioner Cauley, the Court y voted unanimously to remove this item from the agenda. t Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) He received a letter from HUD relating to Y damage caused by tropical storm Allison and asked Emergency Management investigate any local damage. , Vol 0 3 page 45(v He spoke with the Director of Building Maintenance in reference to removing the old elevator and building in closets on each floor where the elevator shaft had been. b) Commissioners' Court meeting July 17, 2001 C~ 7 c) A lease for office space for Justice of ` the Peace, Precinct 3 has been finalized. Building Maintenance will be renovating the property before it is occupied. d) He has received a request to close in the space that Juvenile Services had once used a recreation area. • This could be used for records storage. Under citizen input and/or concerns, Commissioner Sims informed the Court that Johanna Henry will be leaving KBTX and no longer covering the Courthpuse. DeMeryl Giordano, Emergency Management Coordinator, informed the Court that at the current time, the KDBI was under 350. Bill Jeanes, Risk Manager, cautioned employees and department heads about Brown Recluse Spiders. At 9:47 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in closed Executive Session to discuss acquisition of real property for the Exposition Center as allowed under Section 551.072 of the Texas Government Code. At 10:03 a.m. the County Judge announced the meeting open to the public and that no action would be taken on the Executive Session. There being no further business to come before the Court, the meeting was adjourned. i Vol a~ Page 14,5 ~ ~ w..esn.o.aur,-iv s~•• __.•-7~ax~ .__..`t-Y~s..::.a:.L1 - +.~..o. ~ am The foregoing minutes of the Commissioners Court meeting held July 17, 2001 have been examined and are approved in open Court this the l~ ik day of 20.QI, in -y4a&=A~ Bryan, Brazos County, Texas. Alvi W. one To Jon County Judge Commissi ne , Precinct 1 m. S. Thornton Randy S' As Commissioner, Precinct 2 Commi ioner, Precinct 3 Z~ir6y- Ca ley, Jr. Karen McQueen Commiss' ner, Prec n t 4 County Clerk S r 0 t~ 4 I I ~ _ l ' fj R Vol 023 Page T ~ T ~ i~ ~ . _ i°.~v+. u`ti~.t+6TtR:i+mCr.-. - _ .tiaw.~o.~.. J• ry :`t ""7.:1 :...~w..w.~.~•.a ..t~x.c w.. _ _ /J BRAZOS COUNTY COMMISSIONERS COURT MEETING ON-Jultt /3 L AT 9.'cb by 0 0 t ,r 2 F 1 P~ z~z BRAZOS COUNTY COMMISSIONERS COURT MEETING ON-Ju4_17 200 L AT t? Po AA NAMP. C)R CrANT7.ATT0Mfr)PP A RTMFNT Nv, 9(VS-C) LLad u rfua--r- . ISE L- -z r y l 5f,~ Lkl,,3 C-0 ~ 1 ~eua cyre ` s ~v v ~~.r 4~o r N BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-34.2 7 izinI • • 0 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 01 221001 802300 Dr. Copier 3,000.00 01 221001 600600 Cr. Cassette Tapes 500.00 01 221001 601300 Cr. Computer Supplies 200.00 01 221001 611 i00 Cr. Conference & Seminar Fees 100.00 01 221001 616200 Cr. Subscriptions & Publications 1,700.00 01 221001 654500 Cr. Office Equipment Maint. 500.00 272nd District Court To reallocat e budget to allow the purchase of a new copier. 3,000.00 3,000.00 VA' epare .Y= m j~ ovcii a 6 ~GO ate: - f• @i f i. I J I~ ~i rlrl rr' ;I r, ~r r k BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-34.8 7/11AI FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 44 634401 616800 634401 Dr. Training 30,000.00 44 634401 618010 634401 Dr. Travel 10,000.00 44 634401 721550 634401 Dr. Computer Consulting 30,000.00 44 634401 510100 634401 Cr. Capitalized Payroll 60,000.00 44 634401 802135 634401 Cr. Software-Judicial 10,000.00 Judicial So ftware Fun d To realloca te budget to allow for unanticipated expenditures. 3.00 83,506.00 atc liJ2~101 .ate. r.~ i k~ ,i • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-35.1 7/17/01 • • e a F~ FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 3190 603500 Dr. Food and Food Supplements 6,500.00 01 480800 Cr. TDH- Commodities 6,500.00 TDH Commodities To increase budget per the annualized amount. 13,000.00 - ppro ved 1.78 y:` " `mink ~"ate- ate: - s' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-35.2 7/17/01 i~ i CI ~ l , :t i' i' t~ FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 45 630005 802110 140001 Dr. Computer Software 10,000.00 45 630005 802030 140001 Cr. Computer Hardware 10,000.00 Capital Improvements Fund Information Technology Division To reclassify budget to allow the purchase of the following Computer Software: Anti-Virus software 4,000.00 ICE.TCP terminal emulator 4,600.00 Visio Enter prise Edition 1,027.00 Ff + i c i o.3 (p~ rej~areci R}•: z~?i:w r ~,,t~ ate: 717/01 c , . >r i 10,000.001 10,000.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-35.3 7/17/01 • • FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 19 500001 802110 Dr. Computer Software 6,600.00 19 500001 725900 Dr. Professional Fees- Other 6,000.00 19 500001 713000 Cr. Microfilming 6,600.00 19 500001 606000 Cr. Office Supplies 6,000.00 County Records Management Fund To reclassify budget to allow unanticipated expenditures and to cover overruns. 12,600.00 12,600.00 ~r. f 4 i r l3d.en~ 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-35.4 7/17/01 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 81 810080 516400 Dr. Hourly - Temporary 2,000.00 81 810080 531000 Dr. Social Security 1,550.00 81 810080 516200 Cr. Hourly Overtime 3,550.00 81 810080 610100 Dr. Advertising Legal Notices 1,284.00 81 810080 614500 Dr. Miscellaneous Exp. 2,512.00 81 810080 612100 Cr. Court Costs 3,796.00 81 810080 913200 Dr. Tsf to Grants Fund 1,300.00 81 810080 616800 Cr. Training 1,300.00 District Att orney Crime Fund To reallocate funds to allow for unanticipated expenditures. The responsibility for this fund lies solely with the District Attorney and is submitted to the Commissioner Court for information only. 8,646.00 8,646.00 5~ reparcd Tic a~il~r; l~pr;,~ • ~ . ate: 7/2/01 ate: r d}#g~ b l BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-35.5 7/17/01 • • 0 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 165001 672860 Dr. Equipment Other 300.00 01 165001 610100 Cr. Advertising - Legal 300.00 Purchasing 300.00 300.00 10/ f' + f BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-35.6 7/17/01 ~•t ~{u c . . icy I. .f r Y. ~f. f k ~ I ;f ti r ~ ~j ' f FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 33 280500 612800 280501 Dr. Dues 1,000.00 33 280500 613250 280501 Dr. Furniture-Minor 4,000.00 33 280500 614500 280501 Dr. Misc. Expenditures 2,000.00 33 280500 614600 280501 Dr. Pagers 3,000.00 33 280500 715060 280501 Dr. Prental-Office Space 1,000.00 33 280500 802810 280501 Dr. Equipment-Electronic 10,000.00 33 280500 808900 280501 Dr. Vehicles 10,000.00 33 280500 611100 280501 Cr. Conference & Seminar Fees 4,000.00 33 280500 618010 280501 Cr. Travel 7,000.00 33 280500 802030 280501 Cr. Computer-Hardware 10,000.00 33 280500 802860 280501 Cr. Equipment - Other 10,000.00 Sheriff Crime Fund To reclassify budget to allow for line-item shortfalls. This budget amendment is for information onl y. The Sheriff has jurisdiction over this fun d. 31,000.00 31,000.00 rep.ired'Il.. Aporw 'r: "I atc:,,. 7/)LU1~ ate: • • BRAZOS COUNTY,; TEXAS BUDGET AMENDMENTS No. 00/01-35.7 7/17/01 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 120001 516100 Dr. Hourly - Staff 3,000.00 01 120001 521000 Cr. Employment Services 3,000.00 Treasurers Office To reclassify budeet to allow salary adiustment. r-r epareii By: - ~ • ~ s 71M EM Ct d d By: , , : x ti t~ M 0 PERSONNEL CHANGE OF STATUS , i I page 1 of 1 COURT DATE: July 17, 2001 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status ##44t44i#4444#tti4#44#i#44444t#44t44+~4#444444444444iiit4ii44#44444#4i4ii44444ittit44 DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED ###4###4t##4#4##44t#4#444444444t444t4t###4t#4ii44444444t#144444444#t4#4t44##444tttit COUNTY CLAERK HIGGINBOTHAM, ALICE J DISCHARGED WGRBAS& I T. JUVENILE SERVICES DEES III, JACK RESIGNATION RISK MANAGEMENT BECERRA, ROBERTA NEW HIRE ROAD & BRIDGE PIERCE, ORLANDO RESIGNATION SHERIFF OFFICE - JAIL DIV LICON, VICTOR PROMOTION DELEON, ANNIE NEW HIRE TOWNSEND, CHRISTOPHER NEW HIRE TAX OFFICE CARLOS, SARA RESIGNATION PP Approved in Commissioners' Court: July 17. 2001 County Judge's or Commissioner's Signature: (Thus copy to be attached to minutes) i Vol l 1I 1f} 1 INTERLOCAL AGREEMENT EMERGENCY MEDICAL AMBULANCE SERVICE • • THIS INTERLOCAL AGREEMENT is hereby made and entered into this 1day of 3' V LK , 2001, by and between the CITY OF BRYAN, TEXAS, a home rule municipal corporation ("Bryan") and BRAZOS COUNTY, TEXAS ("County"), each acting by and through its duly authorized agents; WHEREAS, the respective participating governments (the "Parties") are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, Bryan and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, Bryan and the City of College Station have already been providing Emergency Medical Ambulance Services to the County according to the geographic areas defined as "Automatic Mutual Aid Response Districts" in the Automatic Mutual Aid Agreement between Bryan and College Station; and NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Bryan shall provide Emergency Medical Ambulance Services to any person who requests it within the predetermined Automatic Aid Response District for which Bryan is assigned responsibility in the Automatic Mutual Aid Agreement between Bryan and College Station. (See Exhibit "A", an attached map of the Automatic Mutual Aid Response Districts.) 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches police and fire units for Bryan and County. 3. Bryan reserves the right to refuse to answer any call pursuant to this Agreement if the Fire Chief or his or her designee reasonably determines that the health, safety, or welfare of Bryan citizens would be endangered by dispatching personnel or equipment outside of its corporate limits. 4. Bryan will maintain emergency medical equipment and licensed personnel in . compliance with Subchapter C of Chapter 773 Health & Safety Code and the regulations promulgated by the Texas Department of Health and adhere to the standards set forth therdin. 0 ~I I' 11 i! PAYMENTS 5. County shall pay Bryan the following amounts for such Emergency Medical Ambulance Services on a quarterly basis according to the following schedule: {l FY 2000-2001 Payment Due Date Quarter for Which Payment is Made Amount August 1, 2001 October 2000-March 2001 $ * October 1, 2001 April -June 2001 $15,000 January 1, 2002 July - September 2001 $15,000 TOTAL: $60,000 * The first payment to Bryan for FY 2000-2001 will be $30,000 minus the amounts already billed to the County for the provision of services (mileage) from October 1, 2000 to the date of execution of this Agreement. FY 2001-2002 Payment Due Date Quarter for Which Payment is Made Amount April 1, 2002 October-December 2001 $18,750 July 1, 2002 January-March 2002 $18,750 October 1, 2002 April -June 2002 $18,750 January 1, 2003 July- September 2002 $18.75 0 TOTAL: $75,000 FY 2002-2003 Payment Due Date Quarter for Which Payment is Made Amount April 1, 2003 October-December 2002 $25,000 July 1, 2003 January-March 2003 $25,000 October 1, 2003 April -June 2003 $25,000 January 1, 2004 July - September 2003 00 $25.0 TOTAL: $100,000 6. The County must make all payments to Bryan for these services from current revenues. 7. Bryan will bill the patients for Emergency Medical Ambulance Services for the services rendered in the County. The amounts billed or collected do not alter the amounts set forth in this Agreement. Ir )I ` ° 1, ait `T La ; . • • TERM AND TERMINATION 8. This Agreement term shall be from October 1, 2000, and terminate at midnight on September 30, 2001. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days' written notice of such termination. Further, should the Agreement be terminated the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. 9. This Agreement may be renewed for two (2) one-year terms (the "Renewal Terms') on the anniversary date hereof. Such Renewal Terms shall be on the identical terms and conditions set forth herein,'except the annual payment amount will increase as provided in Paragraph 5 of this Agreement NOTICES 10. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U. S. mail to the following parties: Bryan: City of Bryan P.O. Box 1000 Bryan, TX 77805 Attn: James Bland, Fire Chief County: Brazos County 300 E. 26 1b Street, Suite 114 Bryan, Texas 77803 Attn: Alvin Jones, County Judge DEFENSE OF CLAIMS 11. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of emergency ambulance services is a governmental function, and that the parties will participate jointly in the defense of any such claim. MISCELLANEOUS PROVISIONS 12. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. .VwjL- 2 ~ - - PAR& 0 13. This Agreement is the entire agreement between the Bryan and the County relating to the provision of Emergency Medical Ambulance Services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 14. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 15. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 16. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 17. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 18. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. NOW THEREFORE, this Agreement is made and entered into this /?day of Zwt.Y , 2001, by and between Bryan and Brazos County. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully ty Rg;Bgan Brazos County Watson, Mayor Alvin-Jones, Co Judge ATTEST: ATTEST: Mary Ly a Stratta, City Secretary Itakri McQueen, County erk . 2 47 i 1 t • • APPROVED AS TO FORM: z a, Michael J. sentino. City Attorney • 3 475 k x. r THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL - p-+.....,..........v.r.~....n.... .....a....wa r...r,...~..~+n-..vav.•. T.~........~.~.••-...r•~........-~+..w...~..«...+.r...~.....-..+... ~...o............. ~ p+~~~~, ~ 4 EXHIBIT "A" Bryan J _ Fire Department y Vii`- • ~,'.+,•.,`.i;~ ~ •~'T~~ Automatic Aid Response District 4~ fit[ ~ Y~{%-i~~ ,,,t : f f,~~ ~~f;r - r } ~ - fem. Li,',,, . ~ _ ` ~ : r F. ~ ~;9iN~'~ :x• ; • ~ , S " `tart • . Y A It, -I ~ " ~ ~ .~i _ ry ~ y •r ~ , ltd ~3 ,R>-"Q~r ~ ~ z :.b L<• Y -E",L.- s;„y • rth''•i'~•-.- f'~~,;''+asl•,•_ ti Bryan Response , s District Q ❑ Bryan College Station r~ ® College Station 4 Response District ge left 47 (o -.wow..~.r.~......~....•~•~•wr--ra+•.•..~.........~--~~.r-~rrr~waee4eK.i..►..u.a^ew+~••...ww.wn+~w~.fr~~~~ -.v~n•.s .r.Yr-, ram -W, r, .w.~. ~.uti 4 •.a.M+'.Mir.wwrr•~~..rw~r+•~~+++..+++•~K,•Fq Amendment I to Agreement No. STATE OF TEXAS (Rev. August, 1999) COUNTY OF Brazos AMENDMENT ONE [LEASE OF STATE OF TEXAS REGISTRATION AND TITLE SYSTEM (RTS) INFORMATION RESOURCES AND SUPPORT] TO AGREEMENT FOR THE USE OF STATE OF TEXAS AUTOMATION EQUIPMENT THIS AMENDMENT is made between the "State" and the "County" pursuant to the addition of SECTION 1, Subchapter A, Chapter 520, Section 520.002 of the Texas Transportation Code as enacted by the 76° Legislature of the State of Texas for the purposes of providing the County of Brazos , Texas an option to lease additional • RTS workstations/items directly from the State. This amendment incorporates all the terms and provisions regarding responsibility for: equipment installation, RTS programming and hard ware/so f1ware configuration, security, maintenance, equipment repair and replacement, equipment movement, unauthorized equipment use, '3 building electrical requirements, accountability/inventory of equipment, training, and supplies provided in the Agreement for the Use of State of Texas Automation Equipment dated In addition to the provisions of the original county agreement, TxDOrs responsibility for equipment installed at non-county tax assessor-collector sites; e.g. privately owned, for-profit enterprises performing registration and title functions for the county tax office; will be limited to ensuring the lquipment remains operational. The county will be responsible for all training, user support, forms, supplies, user policy and procedures, etc., associated with this leased equipment. This amendment will remain in force for as long as the Agreement for the Use of State of Texas Automation Equipment remains effective. This Amendment provides a new option for the County to obtain additional RTS Information Resources and Support not identified in the Agreement for Use of State Automation Equipment. The process for requesting these resources and annual cost and billing information associated with this lease are included in Exhibit A to this Amendment. RTS workstations identified below and/peripheral equipment identified on Exhibit A which are leased under the provisions of this amendment will be installed following approval of the County Commissioner's Court. This amendment will be signed below by the County Judge or will be supported by a certified copy of the Commissioner's Court Order or Resolution which will be attached, and the Director, of the Vehicle Titles and Registration Division of the Texas Department of Transportation. . . l~ u 0 The County of Brazos , Texas will lease 4 additional RTS work station (s)1items and requests that it/they be installed at the following County Tax Office managed or agent approved site(s): Site Name New (N) or Existing (E) Site Site Address Number of Items Bzazos Co Tax (E) 300 E Wm J Bryan Pky. Bryan. X Cou Judg Date: Jerry L. Dike, Director Date: Vehicle Titles and Brazos County Registration Division of a3 477.00 . (Rev. August, 1999) EXHIBIT "A" to Amendment One State of Texas, Countyof $!8208 Agreement No. I s 1. If a County desires additional RTS information resources, e.g. workstations or peripheral equipment, beyond that which is allocated by the State, the equipment and support may be leased at County expense from the State. Counties should contact their supporting Vehicle Titles and Registration Division Regional Office for information and the necessary form to amend their existing Agreement for the Use of State of Texas Automation Equipment, that is, their "County Agreement". 2. Submitting a signed amendment form to the supporting VTR regional office will constitute the County's formal request to lease RTS workstations and will signify that the county has the funds necessary to lease this equipment. 3. The cost of leasing a basic RTS workstation will be $1,500 per year, except if the installation is at a new site that is a site where RTS has not previously been installed. In this case, a "one time" additional fee of 52,500 for the first workstation will be charged. The cost of leasing other RTS information resources and support is reflected below. Counties will identify the type and amount of the equipment desired by appropriately annotating this quantity below. 4. During the fast year of installation, the county will be billed during the month immediately following the month in which the equipment is installed for the pro-rated portion of the State fiscal year that remains. Thereafter, billing will occur annually during the first month of the State's fiscal year (September). 5. The county may request the State remove the equipment at any time and it will be removed within 30 days of the request being received by TxDOT. The county will forfeit any portion of the annual lease fee that remains. 6. Equipment leased by a county will remain in the county unless replaced by the State or until the County requests that it be removed. 7. Annual costs for the above equipment and services are subject to change annually. Counties will be notified at least 90 days in advance of proposed changes. 8. Counties will annotate below (by site and quantity) equipment requirements. Total annual costs can be projected using the table provided. TxDOT will compute final costs and the county will be billed in accordance with paragraph 4 above. %y !]tem T ' ' :Coun Site, uanti 0 *AddiVidt allfein'Cost Total Anitaal COM 1. Workstation Basic' $1,500.00 2. Workstation Comm Server 2,100.00 3. Workstation Data Server 1,700.00 4. Uninterrupted Power Supply 125.00 5. Printer Laser, HP 8000 (high ca ity) 1,100.00 6. Additional Printer dot-matrix 250.00 7. Bar code reader 550.00 8 New Site Cost (one-time fec) 2.500.00 4` Annual Uasin Fe!: 'Basic Workstation includes all standard items for full functionality (monitor, CrU, keyboara, primer, software, support, and cash drawer, if necessary) in a normal environment. BRAZOS COUNTY OFFICE OF THE SHERIFF CHRISTOPHER C. KIRK JLM MANN, CHIEF DEPUTY 300 E. 26TH ST. SUITE 105 WAYNE May, JAIL ADr visTRATOR BRYAN, TExAs 77803-5359 • TO: Honorable Al Jones, County Judge - FROM: Chris Kirk, Sheriff' DATE: Thursday, July 12", 2001 REF: Commissioner's Court agenda item Local Law Enforcement Block Grant. I have met with College Station Police Chief Edgar Feldman and Bryan Police Chief Ken Burton on the agreement for disparate sharing of the Local Law Enforcement Block Grant monies that each of the cities receive. We agreed to use the same formula that we have used on the two previous years allocations, consequently the following is Brazos County's disparate share: City of Bryan $31,822.00 City of College Station $13,716.00 TOTAL $45,538.00 • There is a required cash match of 1/9th of the total to be contributed by the County, which is S5,059.77. I respectfully request approval of this agreement so that I can complete the grant application process before the July 25" deadline. 7- f7-®, OFFtce (979) 3614100 if Ammatmiwrox (979) 3614148 it FAX (979) 3614170 0 RESOLUTION TO TRANSFER MONEY TO UNCLAIMED FUNDS WHEREAS, THE TEXAS LOCAL GOVERNMENT CODE 113.041 AUTHORIZES COMMISSIONERS COURT TO DIRECT THE COUNTY TREASURER TO DISBURSE COUNTY MONEY. NOT INCONSISTENT WITH LAW; AND WHEREAS, THE BRAZOS COUNTY JUDGE ERVIN L. CAIN TRUST ACCOUNT NUMBER 423-1954429 HAS A BALANCE OF $94.25 AT WELLS FARGO BANK; AND WHEREAS, THE $94.25 CANNOT BE IDENTIFIED BY EITHER THE AUDITOR OR THE JUSTICE OF THE PEACE; THEREFORE BE IT RESOLVED, THAT ON THIS DAY. SwtY /7 2001, THE BRAZOS COUNTY COMMISSIONERS COURT AUTHORIZES THE BRAZOS COUNTY TREASURER TO TRANSFER THE $94.25 FROM BRAZOS COUNTY JUDGE ERVIN L. CAIN TRUST ACCOUNT NUMBER 423-1954429 TO THE BRAZOS COUNTY UNCLAIMED FUNDS ACCOUNT. ALVI . JONES. RAZOS COUNTY JUDGE A44-..7 TONY JONES, COMMISSIONER PRECINCT 1 WM. R MMISSIO ER PCT 2 RAC - S, COMMISSIONER PR CINCT 3 . COMMISSIOPElt PCT 4 MCQUEEN,BRAZOS COUNTY CLERK c- if imPsoe 3 ! .exam Deparlownt of Human an S emps NATIONAL SCHOOL LUNCH PROGRAM AND SCHOOL BREAKFAST PROGRAM APPLICATION FOR PARTICIPATION AND POLICY STATEMENT PART School Program Year: July 1, 2001 through June 30, _2.402 ~ u the I ti 0,e PART I -APPLICATION k B the Secti I SEC 11. I 12. • 1 1 r Form t6lo April 200) Name or SCnool ow my Brazos County, Texas exas I No. 17460004330000 Conzract No TX -1 0-M2 a0 0D Adaress ( trees or x, ay, late. ZIP) eleprwne No 1904 West State Highway 21, Bryan, Texas 77803 ( 979 ) 823-3544. antaa arson ame o chow awry complete a HS Form 1609 or each sawnonat sae) Olivia M. Body Brazos County Juvenile Detention Center S1wd Address (d different from School Food Authority address) eiephW* No. same as above ( ) Type of Sami(Facday check all that apply) Combination Day School Residential Child Combination Day School and ❑Day School ❑Boarding School ❑and Boarding School QCare Institution ❑Residential Child Care Institution ❑Spec(al Education School [:1Afterschool Care Snack Site ❑0ther (specify): Scr*WRCCI ts. K'Private." Is the aehooVRCCI nonproflt and tax It 'Yes.' attach copy ❑Yes ❑No bli oplivate XE]P u c y of letter from the IRS. exempt under the Internal Revenue Code of 1954? Total Enrollment for All Schools/RCCls t~ 44 Total Number of All Schools/RCCls 01 Administered by School Food Authority: ~ Administered by School Food Authority: y 1. Is the above school/resfdendal child care institution licensed? (It yes, attach copy of license.) ❑Yes ®No 2. Program(s) that you are applying for. ®National School Lunch Program-It interested in operating the Afterschool Care Snack program, check yes: ❑Yes ®S NKA Brealdast Prograrn •Avst "to selloo stresideralal child am Insiltutlons meekina the following eflgibiitty txflerlo: 1.40% or more of total lunches served In second preceding year were free or reduced price: and ®Se"I'a Need School Breakfast Program Rates' L Breakfast costs exceed the regular rdmbursement rates avahable under the School Breakfast Prognm. Inn;ng Date Operalion wv Date of pperatwn Runroe j monins~GN of 3. Number of months the school will be operating a food service program: 12 07/01/01 6/30/02 4. Number of children enrolled at schoollresidential child care institution: 44 A. Ave Range of Children Enrosad EL Grade Lewis aught (schools orgy) From: 10 TO. 16 From: To: 5. AVERAGE DAILY PARTICIPATION OF CHILDREN N PROGRAM TIMES OF FOOD SERVICE Food Service: From Reduced Price Paid Beginning Ending Breakfast 43 7:00am Sam Lunch 43 12 Noon fpm Area Eligible Ahersrdnod Care Snack Not Area EU#W A(terschool Care Snack 6. Attendance (tor residential child care Institutions only) A. Are all of the children at the institution all day? Yes ❑ No 0 no, do all or some of the children attend public school? ❑AII ❑Some H only some attend public school, how many? . It some or all attend public school, which meals do these students eat at the institution? ❑ Breakfast , ❑ Lunch B. Do the children attend on holidays and/or weekends? Q Yes ❑ No If yes, indicate whether holidays and/or weekends: QHolldays QWeekends 7. 'ype of Meal Service Aleal Preparation Food Service Illanagement Company &rt.Slte Kitchen []Central Kitchen [](sabmlt copy of contract and chedktist with this application) []Other (explain): LLK I ' ' /nnM,nn~ Form isloRage 2 04-2001 S. V" %MN System Nutrient Standard Menu Planning Asslated Nutrient Standard Menu Planning ❑Enhanced Food Based [!]Traditional Food Based ❑(NSMP or NuMenus) ❑(AN.S`AW or Assisted Nulllenus) ❑Other (txplaln): (see instructions for documents to submit) NOTE: Snaeka served In en Aftersclool Care Snack program must fosotr the food bused stypkmert pemem ragardlns of your unbar plarrtlrg euetod to lxear~ aadfar kardt 9. 8. Type of Program separate charges No Separate Charge; Cost of Meals is Combination of Separate Charges ❑ Made for Meals ,]included In Required Payment Plan/Fee Eland No Separate Charges Daily Price Charged for Each Meal (for CHILDREN ADULTS programs that will charge separately only): Reduced price paid Breakfast Lunch Not Area Eligible Afterschool Care Snack NOTE: Area Eligible Afterschool Care Snack program sites must provide anacks free of charge to all shrdertts partleipatirq In the after school two program. 10. A. If applying for the National School Lunch Program, indicate whether Offer versus Serve wig be implemented: YES I L-1 Yes L-1 No I LA Yes LA No I LJYes "No I LJYes LJNo B. If applying for the School Breakfast Program, indicate whether Offer versus Serve will be implemented: Ffgn SUfod (opwr d) Junor I+gh (opuonal) Swr nsary (oWonal) Presuiool (opuoml) Resrdenual Cruld Care hititubon (opaorW) ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No ❑Yes QNo 11. How many months per year will the school food tier ktorchs Boq-ng Date o aban ding Date ration authority operate a food service program? 12 continuous 12. Describe your training in food service program requirements for personnel (use an attachment if necessary): Kitchen staff is trained annually with the NSLP handbook and on USDA Rights. They are also provided food handler's training from the local health department. There is also specific site training completed in the areas of safety, equipment maintenance as wellas any NSLP updates 13. Will supplemental (a la carte or snack bar) food service be available in addition to the school lunch? ❑Yes E]No Questions 14 through 19 apply only to the Afterschool Care Snack program. 14. How will the school food authority operate the after school care program? 19 rra, cuwot persom .mat org-ration is Rip-be for ddayWft carat- El WID Use School Personnel ❑ Will Use Non-school Peraonnd: 15. Total number of sites administered by School Food Authority offering the Afterschool Care Snack program? 16. Is attendance in after school care program limited to students enrolled in your schooVRCCI? ❑Yes ❑No N no: In which individual public school attendance area (not district) is the site located? NOTE: You must attach an Information statement from the ISD (see Instructions). 17. Indicate your schooVRCCI or the public school free or reduced price enrollment percentage:...... Free or Reduced Price: % 18. Your after school prcgram must include educational and/or enrichment activities:...... ❑Educadornl Activifes ❑Enrichment Activities 19. Licensing (For schools only): A. Is a Texas Child Care License required for your after school care program? ❑Yes ❑No K yes, attach copy of license. K no, attach written confirmation from TDPRS that your facility is not subject to Gcensure. B. K after school care site is not on a school campus and is exempt from Gcensure, are an state and local health and safety standards met? (Attach copy of most recent inspections.) ❑Yes ❑No 1 r i E 1 CERTIFY that the Information on this form Is true and correct to the best of my knowledge. I understand that deliberate misrepresentation or withholding of Information may result In prosecution under applicable state and federal statutes. Tide 7-e County Judge Form 161 WPage 3 PART 11- POLICY STATEMENT FOR FREE AND REDUCED-PRICE MEALS 042001 It the school food authority operates a program that requires separate charges for meals, it must comply with Sections A and B. a the school food authority operates a program that does riot require separate charges for meals, it must comply with Sections B and C. 0 the school food authority operates programs that require both a separate charge and no separate charge for meals, it must comply with Sections A, B, and C. SECTION A-Programs that Charge Separately ONLY 1. The school food authority accepts responsibility for providing free and reduced-price meals to eligible children. 2. The school food authority assures DHS that it will uniformly implement the following policy to determine children's eligibility for free • and reduced-price meals in the National School Lunch Program and School Breakfast Program. In fulfilling its responsibilities, the school Mod authority agrees to: a. Serve free meals to children from households whose income is at or below the free limit on the Standards for Determining Free and Reduced-price Eligibility, applicable to the contract period, or to children from food stamp households or TANF'assistance units that provide a case number. b. Serve reduced-pnce meals to children from households whose income exceeds the limit but is at or below the Standards for Determining Free and Reduced-price Eligibility, applicable to the contract period. c. Provide these benefits to children from families submitting completed applications, whose income meets the criteria on Form 4504 , and to foster children and to children from families whose income meets the criteria on Form 4504, because of strikes, layoffs, or unemployment d. Designate NAME TITLE to review applications and determine eligibility. This official must use the criteria in this policy to determine which children are eligible for free or reduced-price meals. e. Prohibit physical segregation of, or any other discrimination against, any child because of his eligibility for free or reduced-price meals. The names of these children must not be published, posted, or announced in any manner. They must not be overtly identified by special tokens or,tickets or by any other means. They must not be required to (1) work for their meals: (2) use a separate lunchroom; (3) go through a separate serving line; (4) enter the lunchroom through a separate entrance; (5) eat a meal different from the one sold to children paying the full price; or (6) eat meals at a different time from the other children. L Establish and use a fair hearing procedure for parents who appeal the school's/RCCI's decisions on applications and for officials of schools/RCCIs who dispute information in an application or the eligibility of children for free or reduced-price meals. During the appeal and hearing, the child must continue to receive free or reduced-price meals. Records must be kept according to record retention requirements in the National School Lunch/Breakfast Programs Handbook and agreement. Before beginning the hearing procedure, the parent or local schooVRCCI official may request a conference. The conference should provide an opportunity for the parent and schooVRCCI official to discuss the situation, present information, and obtain an explanation of data submitted in the application and of decisions made. A conference must not prejudice or diminish the right to a fair hearing. The hearing procedure must provide: (1) A simple, publicly announced method for making an oral or written request for a hearing. • (2) An opportunity to be assisted or represented by an attorney or other person. (3) An opportunity to examine, before and during the hearing, the documents and records presented to support the decision being appealed. (4) Reasonable promptness and convenience in scheduling a hearing and adequate notice of the time and place of hearing. (5) An opportunity to present oral or documentary evidence and arguments supporting a position, without undue interference. (6) An opportunity to question or refute testimony and evidence and to confront and cross-examine adverse witnesses. (7) A decision made by a hearing official conducting the hearing who was not involved in the decision being appealed or in any previously held conference. (8) A decision by the hearing official based on oral and documentary evidence presented at the hearing that is made a part of the hearing record. (9) Written notification of the hearing officiary decision, including the household's right to reapply any time during the year, provided to the parties concerned and their designated representatives. (10) A written record that includes the decision being appealed, documentary evidence, and a summary of oral testimony presented at the hearing, the hearing officiars decision and the reasons for the decision, and a copy of the notification of the hearing officiary decision to the parties concerned. (11) Record retention of the hearing for three years and 90 days after the end of the fiscal year to which it pertains. If audit findings have not yet been resolved, the records must be kept until the audit issues are resolved. The record must be available for examination by the parties concerned, or their representatives, at any reasonable time and place during the retention period. r~ - - Form 1e104)a" 4 04.200, g. Submit information for public release to the news media, local unemployment offices, and major employers contemplating large layoffs in the area served by the schooVRCCL The school food authority must send the information for public release by letter at the beginning of each school year and when eligibility standards change. All changes in eligibility criteria must be publicly announced. The school food authority must keep a copy of the letter transmitting the public release information for three years and 90 days after the end of the fiscal year to which it pertains or until audit issues are resolved. The public release must include: (1) A sample of the letter to the parents (Form 1625-W). (2) Form 4504. The information for public release was or will be provided to the organizations on the dates that follow (attach a sheet d more space is needed.): Public News Wd,a Date Orgamuton Daw Orgaruatim oats h. Establish a procedure to collect money from children who pay for their meals and a procedure to accurately record the number of free, reduced-price, and full-price meals served. The procedure described in this item must be used so that children will rot be aware of who is receiving free and reduced-price meals. Check the collection procedure the school food authority uses. 1 Collection Procedure 1--Each day children can buy tickets in the cafeteria manager's office but they do not receive the tickets. The cafeteria manager then sends the purchased tickets and the tickets for free or reduced-price meals to the the classroom. The teacher distributes the tickets just before meal time. The tickets are coded for accounting purposes. Collection Procedure 2-Each day children pay for their meals in the office. A fist of all children who paid or are eigible for free or reduced-price meals is prepared and sent to the cafeteria. A cashier familiar with the children checks names as children pass through the fine. After the meal service, the fist is returned to the office for accounting purposes. This method works only in a small schooVRCCI where the cashier knows all the children. Collection Procedure 3-The homeroom teacher gives each child an envelope for daily, weekly or monthly payments. CKIdren return the envelopes with the payments enclosed or empty if eligible for free meals. The envelopes are collected in the office and coded tickets are issued to each child. E] Collection Procedure 4-Parents pay in advance by the month. Each teacher receives a list of those children who have paid. Children who receive free meals are marked paid, so only the bookkeeper knows which children receive a free meal. Teachers keep daily records of each child served and send the records to the office for accounting purposes. Collection Procedure S-Meal payments are collected in the secretary's office. Payments can be made by children or parents daily, weekly, or monthly. The secretary records payments and knows which children qualify for free or reduced-price meals. In the classrooms, the secretary distributes identical tickets labeled only with the children's names. Since the parents may pay, even the children may not know whether their meals are free, full- or reduced-price. collection Procedure 6-Parents are billed monthly for full- or reduced-price meals their children are served. AD payments are mailed in. All participating children receive a coded ticket each month, which is punched at each meal service. At the end of the month, the tickets are collected and a clerk calculates the amount to be billed. 11 Collection Procedure 7-Other. Explain in detail. (Use an attachment if necessary.) L Describe how the daily numbers of tree, reduced-price, and full-price meals are identified and counted, and the numbers recorded. (Use an attachment if necessary.) j Describe how daily point-of-service (the point in the food service operation when it can be accurately determined that a meal is reimbursable) counts are taken. This is usually the end of the line. If tickets or tokens are collected at the beginning, explain how you assure that a reimbursable meal was taken. (Use an attachment if necessary.) -q '-50 1 1~ if -7"" b Form 1610/Page S 04-2001 u SECTION 13-Programs that Charge Separately AND Programs that DO NOT Charge Separately In fulfilling its responsibilities, the school food authority agrees to: 1. Prohibit discrimination against people who are eligible to participate in the child nutrition programs btacause of race, color, national origin, sex, age, disability, religion, or political belief. Anyone who believes that they have been discriminated against should write immediately to: Director, Civil Rights Division, MC W-206, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030 or the Secretary of Agriculture, Washington, D.C. 20250. NOTE: Discrimination complaints based on religion or political beliefs must be referred only to the Director, Civil Rights Division, Texas Department of Human Services. 2. (Applicable only if operating day schools and boarding schools)-Develop and distribute to each child's parent or guardian a letter, according to the sample attached, and an application form for free or reduced-price meals. These must be distributed at the beginning of each school year and when eligibility criteria change. a. The school food auth onty must complete (1) or (2) as applicable: (1) Form 1625-W is a sample of the letter to parents whose children are in a program that charges separately for meals. Is the school food authority using the attached sample? 0 Yes No (2) Form 1626-W is a sample of the letter to parents whose children are in a program that does not charge separately for meals. Is the school food authority using the attached sample? 0 Yes M No If the answer to either (1) or (2) is 'No; the school food authority must submit to OHS with this application form a copy of the letter they send to parents. DHS must approve this letter before the school food authority sends it to parents. b. Form 4524 is a sample of the application for free and reduced-price meals. Is the school food authority using the attached sample? 0 Yes 0 N. The school food authority must ask parents to complete the application and return it to the determining official named in Section A of this form. Applications and documentation of action taken are kept for three years and 90 days after the end of the fiscal year to which they pertain. If audit findings are not resolved, the records are kept until the issues are resolved. Applications may be filed at any time during the year. The school food authority must supply an application to parents enrolling a child in a schooVRCCI for the first time, at any time during the year. If a child transfers from one schooVRCCI to another under the jurisdiction of the same school food authority, his eligibility for a tree or reduced-price meal is also transferred. • NOTE-Programs that Charge Separately ONLY: • All children from the same family must receive the same benefits. Within 10 workdays of receiving applications, parents or guardians must be notified individually of the decision on their applications. Children are served meals as soon as they are determined eligible. • Form 1623 is a sample of the notification letter to the parents about the application for free and reduced-price meals. Is the school food authority using the attached sample? 0 Yes © No If 'No; the school food authority must attach a copy of the letter being sent to parents. • When an application is denied, parents or guardians are informed in writing of the reason for denial and the hearing procedure. The designated hearing official is , NAME T1TLE This person must be someone rat involved in the original eligibility deterunation. It is suggested that the hearing official hold a position superior to the determining officials. The hearing official and the determining official cannot be the same person. 3. Submit to DHS any proposed charges to this policy statement before it is implemented. Changes are effective only when they are approved by DHS. 4. Verity eligibility according to the National School Lunch/School Breakfast Program Handbook and program regulations. 5. Indicate which of the provisions of this section, it any, it wants to participate in, for free and reduced-price meals. Three special provisions are available to school food authorities that affect free and reduced-price meal policy and procedures. a. Provision 1 -The annual certification of children eligible to receive FREE meals may be reduced to one every two years in schools/RCCIs. This period can be reduced d 809'. of the children in attendance are eligible for free and/or reduced-price meals based on data from March of the previous year. Applications must still be sent annually to students who pay full- or reduced-price or who are newly enrolled For claiming purposes, school staff must continue to keep a daily record of the number of paid, free, and reduced-price meals served to children. 0 We choose NOT to participate In Provision 1. We will participate In Provision 1, and certify that the following schools had 809E or above free and/or reduced-price ❑ recipients participating: Our first year under Provision 1 will be WLM&20~PARF- 40 y Form tsto!P•p• s 04.2001 b. Provision 2-,School food authorities may choose to serve all children free meals. Any a,11 n URCCI which chooses to serve all children free meals may reduce the frequency of certification for children eligible for free and/or reduced-price meals to once every four years. School food authorities must submit socioeconomic data from an approved source with their base year (first year) application to implement Provision 2, and socioeconomic data from the same source with their application for an extension at the end of the four year cycle. The base year, or first year, that a school is on Provision 2 is part of the four year cycle. If the Department determines at the end of the four year cycle that there has been negligible improvement in the socioeconomic status of that school food authod ys population, the Provision 2 period can be extended another four years. School food authorities choosing Provision 2 must use local sources other than federal reimbursements to absorb the cost of (1) meals served to children not efigible for free or reduced-price meals; and (2) the difference between the cost of the meal and the federal reimbursement received for each free or reduced-price meal served to children eligible for meals. School food authorities of schools/RCCIs using Provision 2 are required to send letters and applications to parents only at the beginning of the four-year period. School food authorities must maintain all approved applications and eligibility documentation from the designated base year at least three years and 90 days after the final Claim for Reimbursement of the final School Year which employed base year data, or longer if required for audit resolution. Schools/RCCls are required to determine daily during the first year of the four-year period the actual number of meals served to all attending children, by type (free, reduced-price, and paid). In the second, third, and fourth years, monthly claims for meals served, by type (free, reduced-price, and paid), are based on a percentage of the total number of meals served by type in the corresponding month of the first year. 0 We choose NOT to participate In Provision 2. ❑ The following schools/RCCIs will participate In Provision 2: Our base year or first year under Provision 2 will be Form 1626-W is a sample of the letter to parents whose children are In programs with no separate charges for meals. it can be sent to parents for Provision 2 participants. If participating in Provision 2. you must answer the following question: Is the school food authority using the attached sample Form 1626-W? Yes ❑ No If "No." the school food authority must attach a copy of the letter being sent to parents. c. Provision 3-School food authorities may choose to serve all children he meals. Any school/RCCI which chooses to serve all children free meals will conduct certification of children eligible for free and/or reduced-price meals during a designated base year and will not conduct eigibifity certification during the successive four year period following the base year. The school food authority must submit socioeconomic data from an approved source with their base year application, and from the same source with their application for an extension at the end of the four year cycle. If the Department determines after the initial four-year period of Provision 3 that there has been negligible change in the socioeconomic status of that SFA's population, the Provision 3 period can be extended an additional successive four years. School food authorities choosing Provision 3 must use local sources other than federal reimbursements to absorb the cost of (1) meals served to children rot eligible for free or reduced-price meals; and (2) the difference between the cost of the meal and the federal reimbursement received for each free or reduced-price meal served to children eligible for meals. ( School food authorities of schools/RCCIs using Provision 3 are required to send letters and applications to parents only at the beginning of the designated base year. School food authorities must notify households of enrolled students that all meals will be available at no charge to students during the i Provision 3 four-year period. School food authorities must maintain all approved applications, eligibility documentation, and enrollment data from the designated base year at least three years and 90 days after the final Claim for Reimbursement of the final school year which employed base year data, or longer if required for audit resolution. School food authorities must determine any increase or decrease in enrollment each year of Provision 3 based upon the scfoors enrollment on October 31 annually. Schools/RCCls are required to determine daily during the designated base year for Provision 3 the actual number of meals served to all attending children, by type (free, reduced-price, and paid). During the four successive years after the designated base year, schools will prepare monthly claims for meals served by type (free, reduced-price, and paid) based on the total meals claimed for the corresponding month of the designated base year and reflecting the percent increase or decrease in enrollment based on the schoors/RCCI's enrollment on October 31 of the current school year. We choose NOT to participate In Provls ,i 3 960 ❑ The following schools/RCCIs will participate In~rovisio~ a (Provision 3 continues on following page.) k (Provision 3, continued) Form 1610Mage 7 oa-2001 Our first year under Provision 3 will be ~J • Our designated base year will be Form 1626-W is a sample of the letter to parents whose children are in programs with no separate charges for meals. It can be sent to parents for Provision 3 participants. If participating in Provision 3, you must answer the following question: Is the school food authority using the attached sample Form 1626-W? ❑ Yes ❑ No If 'No.' the school food authority must attach a copy of the letter being sent to parents and describe how it will nobly households that meals will be available free of charge to all enrolled students. SECTION C-Programs that DO NOT Charge Separately ONLY 1. The school food authority is responsible for providing program benefits to eligible children. 2- The school food authority assures DHS that although no identifiable charge is established for meals, it will uniformly implement the following policy. In fulfilling its responsibilities, the school food authonty-agrees to: a. Claim as free meals only those meals served to children from families whose income is equal to or less than the income erigibifity standard for free meals on Form 4504, Standards for Determining Free and Reduced-price Eligibility, applicable to the contract period, or to children from food stamp households or TANF assistance units that provide a case number. b. Claim as reduced-priced meals only those meals served to children from families whose income is above the income eligibility standard for free meals but equal to or less than the standard for reduced-pride meals on Form 4504, Standards for Determining Free and Reduced-priced Eligibility, applicable to the contract period. c. Keep documentabon to support individual eligibility decisions for three years and 90 days after the end of the fiscal year to which they pertain. If audit findings are not resolved, the records must be kept until audit issues are resolved. 4f. Prevent physical segregation of, or any other discrimination against any child. The names of the children eligible for free or reduced- price meals may not be published, posted, or announced in any manner and children must not be overtly identified. Children must not be required to (1) work for their meals; (2) use a separate lunchroom: (3) go through a separate sewing line; (4) enter the lunchroom through a separate entrance; (5) eat meals at a different time; or (6) eat a different meal. e Designate Olivia M. Body Food Service Manager to determine eligibility for free and NME T(TLE reduced-price meals. This official will use the criteria outlined in this policy to determine which individual children's claims may be made for free or reduced-price meals. f. Develop and keep a list with the following information about each child (for school food authorities operating RCCIs only): (1) Name-. (2) Birth date; (3) Dates of admission and release; (4) Income; (5) Eligibility determinabon and data (initialed by official making determination). (NOTE: Children at RCCIs are considered a family of one. Exceptions to this are children of house parents living at the institution. These children must have an application on file as described in Section B. number 2.) g. Describe how daily point-0f-service (the point in the food service operation when it can be accurately determined that a meal is reimbursable) counts are taken. This is usually the end of the line. If tickets or tokens are collected at the beginning. explain how you assure that a reimbursable meal was taken (attach a sheet if needed). Residents ate only served reimbursable meals by kitchen staff. A Final count is made by child care staff when residents exit the line and are seated. SECTION 0-The following attachments are a part of the policy statement for free and reduced-price meals: Form 1623-Wdficadon Letter to Parents Regarding Application for Free and Reduced-price Meals Form 1625-W--Letter to Parents (programs that charge separately for meals) Form 1625A- Standards for Determining Free and Reduced-price E1lgfbMly to be provided to parents (will be forwarded as soon as USDA publishes) Form 1626-W-Letter to Parents (programs that do not charge separately for meals) Form 4524-Application for Free and Reduced-price Meals - Form 4504-Stan3ards for Determining Free and Reduced price Eligibility (win be forwarded as soon as USDA publishes) A sample Press Release (see page 8 of this form) F, C7 SAMPLE PUBLIC RELEASE FOR FREE AND REDUCED-PRICE MEALS • Fwm 1610ftoe a oa Mi (make appropriate changes as applicable to reflect the programs operated.) This is the public release that we will send to (names of news mods outlets and ma)or employers conremyamV fayofls) on (date) These groups must be advised of program availability, new programs, or changes in existing programs. (Name of lonl adwd food audtarty) today announced its policy for free and reduced-price meals served under the (insert Natrona! School Wxh Prvoram, and/« Sohool Breaktax ProQam) Each school and the office of the has a copy of the policy, which anyone may review. The following household size and income criteria will be used to determine eligibility: (Inuit income efipb6V arena as announced by USDA for k" and nducsdgro meals) Children from households whose income is at or below the levels shown are eligible for free or reduced-price meals. Applrcabon forms and a letter to parents or guardians are being sent to all homes. To apply for free or reduced-price meals. households should fill out the application and return it to the school. Additional copies are available at the principal's office. The information provided on the application will be used to determine eligibility; it may be verified any time during the school year by school or other program officials. Households must provide the following Information on the application: all household members' names; total household Income by source and the Social Security number of the adult household member signing the application, or an Indication that the household member does not possess a Social Security number, OR the household's food stamp or TANF case number, d appropriate; and the signature of an adult household member certifying that the information is correct. Applications may be submitted any time during the year. According to the free and reduced-price policy, will review applications and (Name of DaterNnrq prim determine eligibility. Parents or guardians dissatisfied with the ruling of the official may discuss the decision with the determining official. Parents may request a formal appeal either orally or In writing to: (Name. Address. Ptwrr No. of ttw Heanng oMmQ Households must report increases of over $50 per month or $600 per year In household Income, and decreases In household sae. If a household member becomes unemployed or it the household size increases, the household should contact the school. These changes may qualify children for reduced-price meals or for free meals if the household's income falls to or below the levels shown above. TANF/Food Stamp households must report termination of benefits. Some foster children are also eligible for free or reduced-price meals. A household with foster children should contact the school for more information. The information that households provide is confidential and will be used only to determine eligibility and for verifying data People who are eligible to participate in the child nutrition programs must not be discriminated against because of race, color. national origin, sex, age, disability, religion, or political belief. Anyone who believes that they have been discriminated against should write immediately to: Director, Civil Rights Division. MC W-206, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030 or the Secretary of Agriculture, Washington, D.C. 20250. NOTE: Discrimination complaints based on religion or political beliefs must be referred only to the Director, Civil Rights, Texas Department of Human Services. ~ . I ~~u.w...~~-.~~.~ _ r.-... r....y..... t)....Y ~wrY-lw_w:+nw•..~.. y;~ .r,.., t - - . a r] • I I .-Texas Departrmn of Human Sernoes Form ts69 SPECIAL NUTRITION PROGRAMS Much toot -SINGLE AUDIT IDENTIFICATION DATA For Program Year 200? , (SNP Use Only) Contractor Name 'Conma arson Brazos County. Texas Olivia M. Body Address (Street or Box. C4y. tate. I 1904 West.State Highway 21, Bryan, Texas 77803 etepivm No. exas 1 No. (Payee I No.) Contracl No. ( 979 ) 823-3544 17460004330000 175- Contravor Fiscal Year End (mrMdd/yyyy) Type of convic: 09/30/01 For Profit Non-Profs X Governmental Mork the annronriate borfesl to Indicate the tvne(sl of oroaramfsl In which you currently oarticloate or for which you are applylnq: COMMODrTY ASSISTANCE PROGRAMS PROGRAM NOS 0 A -National School Lunch ❑ B -Charitable Institutions ❑ C -Area Agency on Agin ❑ G -Summer camps ❑ H -Summer Food Service ❑J -jails 1 -TEXCAP CS-Commodity Supplemental Food PM9. CASH REIMBURSEMENT PROGRAMS PROGRAM NOS. ❑ AD -Adult Day Care TX- BL- National School Lunch/Breakfast TX-021-2001 CC - CACFP Center TX- DH -CACFP Da Home TX- ❑ SF-Summer Food TX- ❑ SM - Special Milk TX_ TE- TEXCAP TX_ CS-Commodity Supplemental Food Prog. TX- Give the source and amount of any teaerai tunas that your agency expenas otner inan irom inose programs ruo- aw.u: SOURCE AMOUNT [Criminal Justice 300,000.00 ❑ SINGLE AUDIT EXEMPTION4 certify that I am not required to submit an audit under the Single Audit Act for the following reason(s):- L ❑ 1 am a for-profit organizatlon. ❑ 1 expend less than $300,000 annually in total federal funding. ❑ SINGLE AUDIT ASSURANCE-4 understand that if I meet the requirements of the Single Audit Act, I will agree to submit an audit as a condition of eligibility to participate In the Special Nutrition Programs, and that failure to do so as required could result in adverse action, including the withholding of my claim for reimbursement payments and tremination of my contract. 1 also understand that if 1 arr. a private non-prord organization subject to the requirements of the Single Audit Act and have a financial audit performed annually. I must also obtain a single audit on an annual basis. r~ L a3 g-8 9 v ture~luCtonted R We 011%41 N-0 Pease war VUV TJice Alvin W. Jones County Judge t Hpun SSpawev emces SPECIAL NUTRI71ON PROGRAMS ~ 2 -SINGLE AUDIT IDENTIFICATION DATA For Program Year 2002 (SNP Use Only) Comactor Nuns Cordact Person Brazos County, Texas Olivia H. Body Address (west or .O. x. Coy. State. ZIP) 1904 West.State Highway 21, Bryan, Texas 77803 etepww No. exas 10 No. (Payee ID No.) covad NO. ( 979 ) 823-3544 17460004330000 1 75- Contracsor Fiscal Year End (=Vdd/yy ype of Conrad 09/30/01 []For Profit Non-Profit [K] Governmental Check the aDDroDrtate box(es) to Indicate the tvDe(s) of oroaram(s) In which you currentiv oartldoate or for which you are aoolytna: COf1MODrTY ASSISTANCE PROGRAMS PROGRAM NOS. 0 A - National School Lunch B -Charitable Institutions ❑ C -Area Agency on Aging ❑ G - Summer camps ❑ H -Summer Food Service ❑J -Jails 1 -TEXCAP ❑CS-Co m*dity Supplemental Food Prop. CASH REIMBURSEMENT PROGRAMS PROGRAM NOS. ❑ AD -Adult Day Care TX- Q BL- National School Lunch/Breakfast TX-021-2001 CC - CACFP Center TX- ❑ DH -CACFP 0 Home TX- SF- Summer Food TX_ El SM - Special Milk TX- ❑ TE-TEXCAP TX- ❑CS-Commodrty Supplemental Food Pmg. TX- carve ine source ana amount of any teaerar Tunas Tnat your agency expenas otner tnan tram inose programs usTea aoove: SOURCE AMOUNT I Criminal Justice 300,000.00 ❑ SINGLE AUDIT EXEMPTIO14-1 certify that I am not required to submit an audit under the Single Audit Act for the following reason(s):- El 1 am a for-profit organization. ❑ 1 expend less than $300,000 annually In total federal funding. SINGLE AUDIT ASSURANCE-4 understand that If I meet the requirements of the Single Audit Act. I will agree to submit an audit l; as a condition of eligibility to participate in the Special Nutrition Programs, and that failure to do so as required could result in r adverse action. including the withholding of my claim for reimbursement payments and tremination of my contract. 1 also understand that d I am a private non-profit organization subject to the requirements of the Single Audit Act and have a financial audit performed annually. I must also obtain a single audit on an annual basis. • _ naw ed P4msentawe Dale Name (please we or prwM O@ Alvin W. Jones County Judge i 1 I I • Texas Kff epartrnem of SPECIAL NUTRITION PROGRAMS of Human 5ernoes -SINGLE AUDIT IDENTIFICATION DATA For Program Year 2002 (SNP Use Only) Form ts69 Mud, 20ot Comraaor Name Cornea Person Brazos County, Texas Olivia M. Body Address (Street or P.O. Box City. State. ZIP) 1904 Ffest.State Highway 21, Bryan, Texas 77803 Telep vm No. Texas 10 No. (Payee ID No.) Contras No. ( 979 ) 823-3544 17460004330000 1 75- T CF6ta1 Year End (rmtrodyft Type a Comma 09 / 30/01 For Profit ❑ Non-Profit Q Governmental Check the appropriate box(es) to Indicate the tvoe(sl of oroaram(s) In which you currentIv oarticloate or for which you are aonlvtnn- I M 1 i i COMMODITY ASSISTANCE PROGRAMS PROGRAM NOS. QA -National School Lunch ❑ 8 -Charitable Institutions ❑ C - Area Agency on Aging ❑ G -Summer camps ❑ H - Summer Food Service ❑J -Jails ❑ 1 -TEXCAP ❑CS-Commodity Supplemental Food Prog. CASH REIMBURSEMENT PROGRAMS PROGRAM NOS. ❑ AD - Adult Day Care TX- Q BL-National School Lunch/Breakfast TX-021-2001 ❑ CC - CACFP Center TX- ❑ DH - CACFP Day Home TX- ❑ SF- Summer Food TX- ❑ SM -Special Milk TX- ❑ TE- TEXCAP Tx- ❑CS-Commodity Supplemental Food Prog. TX- cave ine source ana amount at any teaerat tunas inat your agency expenas otner inan Trom tnose programs usiea aoove: SOURCE AMOUNT Criminal Justice 300,000.00 ❑ SINGLE AUDIT EXEMPTI0N-4 certify that I am not required to submit an audit under the Single Audit Ad for the following reason(s):- for-profit organizatlom ❑ I expend less than $300,000 annually In total federal funding. 0 SINGLE AUDIT ASSURANCE-4 understand that if 1 meet the requirements of the Single Audit Act, I will agree to submit an audit as a condition of eligibility to participate in the Special Nutrition Programs, and that failure to do so as required could result in adverse action, including the withholding of my claim for reimbursement payments and tremination of my contract. I also understand that if I am a private non-prord organization subject to the requirements of the Single Audit Act and have a financial audit performed annually. I must also obtain a single audit on an annual basis. n 411 to ed esentatm Date ` Nam (PW typeorPVQ ale Alvin W. Joaea County Judge _ - -I 01 Texas Department of Human Services rr 4 v1 SPECIAL NUTRITION PROGRAM CERTIFICATE OF AUTHORITY This is to certify that the following person(s): Form 4500 May 2000 Name of Authonized Representative (plea or prsrt) title Olivia M. Body 4A Food Service Manager l ~ Sgnature-Authorized epresentative Name of Authorized Representativm (please type or print) Title_ E.A. Wentrcek, Jr. Director X_ Sk3naQire-,Auhorized Reoresentawe s (are) designated as an Authorized Representative of Name of Contracting Orgaruzabon Brazos County, Texas Address (Street, City. State. Z1P) 1904 West State Highway 21, Bryan, Texas 77803 X natu fTcial o ntracting Agency The representative(s) designated above, and myself. acknowledge that each Is individually authorized on behalf of the contracting organization to make written agreements with the Texas Department of Human Services to operate a food program, to sign doatmens or reports about the agreement, and to present cbhM for rehnb rt, when appropriate, to the department. By signing this document, we certify Individually and collectively that to the best of otr knowledge and belief, an documents submitted physically or electronically on behalf of the above named Contracting Organization pursuant to our participation in any and all programs administered by Special Nutrition Programs, TDHS, areAmU be true and correct in all respects, that they arelmu be completed according to the tenor and eondititons of existing agreements including amendments, that records areWl be available to support any and all claims, and that we will not submit claims (excluding amendedfadjusted claims) for goods or services for which we have already received payment. We recognize that we are fully responsible for arty excess amounts which may result from errors made in relation to the completion and submission of claims. We are also aware that deliberate misrepresentation or Withholding of information may result in prosecution under applicable state and federal statutes. Name of Official of Contracting Agency (please type orprv* Fcounty Alvin W. Jones Judge DELETED AUTHORIZED REPRESENTATIVES: A contracting organization may not have more than three (3) Aufrized Representatives, including the Official of the Contracting Agency. If you are replacing or deleting an Authorized Representative, fist the name(s) of the individual(s) to be removed as Authorized Representative(s) below: Name of Deleted Representative Name of Deleted Representative Name of Deleted Representative pp•.~~ L99 FOR DHS USE ONLY n,, u C &act No. Received By Date Remind 75-11 1 f -I I SPECIAL NUTRRION PROGRAM CERTIFICATE OF AUTHORITY • • • is are designated as an Authorized Remesentative of Name of Contracting Organization Brazos County, Texas Address (Street, City. State, ZIP) 1904 West State Highway 21, Bryan, Texas 77803 The representative(s) designated above. and myself, acknowledge that each Is individually authorized on behalf of the eantracting organization to make written agreements with the Texas Department of Human Services to operate a food program to sign documents or reports about the agreernent, and to present claim for reimbursement, when appropriate, to the department. By signing this doarment, we certify Individually and collectively that to the best of our knowledge and belief, all documents submitted physically or electronically on behalf of the above named Contracting Organization pursuant to our participation in any and all programs administered by Special Nutrition Programs. TDHS, areMill be true and correct in all respects„ that they arelwill be completed according to the terns and conditions of existing agreements including amendments, that records anaiwill be available to support any and all claims, and that we will not submit claims (excluding amendedladjusted claims) for goods or services for which we have already received payment. We recognize that we are fully responsible for any, excess arrwtmts which may result from errors made in relation to the completion and submission of claims. We are also aware that deliberate misrepresentation or withholding of information may result in prosecution under applicable state and federal statutes. Name of Official of Contracting Agency(please type or pnnQ 11 Title Alvin W. Jones County Judge 6.01,11 - ii... na re-Offs tracLn e DELETED AUTHORIZED REPRESENTATIVES: A contracting organization may not have more than three (3) Authorized Representatives, including the Official of the Contracting Agency. if you are replacing or deleting an Authorized Representative, fist the name(s) of the individual(s) to be removed as Authorized Representative(s) below: Name of Deleted Representatim Name of Deleted Representative Name of Deleted Representative FOR DNS USE ONLY ca as Na Raxived By Date caved 75-11 I w! in 'texas Department Form 4508 of Htmran Servo" May 2000 C This Is to certify that the following person(s): fpm 47U Texas Depanmaa Septrmbv M4 at Humn Senses NONGOVERNMENTAL CONTRACTOR CERTIFICATION The Texas Department of Human Services (DHS) has adopted rules pertaining to contracting with organizations in which a former board member or employee (whose last day of duty was within the past two years) has any ownership or control. or who is an employee or consultant of such organization. Also, Human Resources Code 522-0033 prohibits for one year after employment former DHS employees in pay grades equivalent to or above pay grade 17, Step 1, from helping (for pay) another entity obtain a contract with DHS in an area for which the former employee was directly concerned or had administrative responsibility. Additionally, DHS has adopted standards for contracting with contractors associated with current or former employees and board members, and their relatives. This form is necessary to help the Department determine compliance with those rules. All potential non-governmental contractors for any type of contract must complete this certification. The contract, if awarded, may be terminated for cause if (1) the contractor knowingly provides incorrect information in its certification; or (2) the contractor uses a subterfuge, such as a subcontract arrangement, to avoid the application of state laws or DHS rules. Does the potential contractor have as an officer, director, employee, consultant, or owner (n whole or in part): 1. A person who is currently a OHS employee or DHS board member? ❑Yes ®No 2. A person who was a former DHS employee or board member whose last day of duty with OHS X was within the past two years? ❑Yes No 3. A person who is related (see Relationship key below) to a current OHS employee or DHS board member? ❑Yes No 4. A person who is related (see Relationship key below) to a former DHS employee or OHS board ❑y~ member whose last day of service to DHS was within the past two years? Wife Brother Stepdaughter Spouse's Sister Husband Sister Stepson Spouse's Brother RELATIONSHIP Father Son Mother-in-law KEY Mother Daughter Father-in-law IF YOU ANSWERED 'YES" TO ANY OF THE ABOVE QUESTIONS, YOU MUST COMPLETE AND ATTACH FORM 1732-A. CERTIFICATION 1 certify that the information above is complete, true and correct to the best of my knowledge. I understand that lack of full, true and complete disclosure may be grounds for withholding payment for delivered services and may cause contract termination. Name of Potentwl NOn-~dW Contractor Contract No. SO" $lcIffily No. or VIN I Brazos County, Texas X 021-2001 11430004330000 PAM or Type Name L)L I Alvin W. Jones Sq eG Repre a 190 a3 j49`f .,i r•,. ~~"i C'_^'u'^.fix''.'lac.~arrx.:a~[7~.lWii~=;~RaDrnaisfC;c.-s6',S~:a^+~'^---su-'sew. ~.4b.r~7~•~rCyC-C=1~_ - ''d~-nFflc L: Te,ras Depanrnent Form 4732 of Murrlirm $lMQS Sepmem0or 199 NONGOVERNMENTAL CONTRACTOR CERTIFICATION The Texas Department of Human Services (DNS) has adopted rules pertaining to contracting with organizations in which a former board member or employee (whose last day of duty was within the past two years) has any ownership or control, or who is an employee or consultant of such organization. Also, Human Resources Code §22.11033 prohibits for one year after employment former DNS employees in pay grades equivalent to or above pay grade 17, Step 1, from helping (for pay) another entity obtain a contract with DHS in an area for which the former employee was directly concerned or had administrative responsibility. Additionally, OHS has adopted standards for contracting with contractors associated with current or former employees and board members, and their relatives. This form is necessary to help the Department determine compliance with those rules. AJI potential non-govemmental contractors for any type of contract must complete this certification. The contract, if awarded, may be terminated for cause if (1) the contractor knowingly provides incorrect information in its certification. or (2) the contractor uses a subterfuge, such as a subcontract arrangement, to avoid the application of state taws or DHS rules. Does the potential contractor have as an officer, director, employee! consultant, or owner (n whole or in part): 1. A person who is currently a DHS employee or DHS board member? E-1Yes Q No 2. A person who was a former OHS employee or board member whose last day of duty with DNS X was within the past two years? ❑ Yes ❑ No board person whoe is related (see Relationship key below) to a current OHS employee or DHS ❑Ves Elio 3. A 4. A person who is related (see Relationship key below) to a former DHS employee or DNS board member whose last day of service to DHS was within the past two years? Dyes ONO Wife Brother Stepdaughter Spouse's Sister RELATIONSHIP Husband Sister Stepson Spouse's Brother KEY Father Son Mother4n4aw Mother Daughter Father-in-law IF YOU ANSWERED 'YES' TO ANY OF THE ABOVE QUESTIONS, YOU MUST COMPLETE AND ATTACH FORM 4732•A. is CERTIFICATION i certify that the information above is complete, true and correct to the best of my knowledge. I understand that lack of full, true and complete disclosure may be grounds for withholding payment for delivered services and may cause contract termination. Name Of pav" Non•Qovemrtrcntal cones= ContraU No Soaal Seamty No or VIN Brazos County, Texas 021-2001 17430004330000 PZ or Type Name I Alvin W. Jones 54 to gate VIA,% a 3~ 9 • C ~ r, r' r 6- H s k ` dd C r ► L TEXAS 1033 SURPLUS PROPERTY PROGRAM APPLICATION LETTER 'i TO: Office of the Governor CID-1033 PROGRAM P.O. Box 12428 Austin, Texas 78711-2428 SUBJECT: Request for Screening Authorization Action 1. Our Agency requests that the personnel noted on the attached Law Enforcement Agency Data Sheet be granted authority to screen for excess federal property as defined in the Defense Authorization Act, 1997, Public Law 104-181 Section 1033, Transfer of Excess Personal Property. 2. We the undersigned understand and agree that failure to comply with the terms of this application is in direct conflict with the intent of this program, and failure on our agency's part to abide by the terms and conditions of the Texas 1033 Program may result in termination from the program and other sanctions including civil or criminal prosecution. 3. We understand and agree that we are responsible for all transportation costs incident to the redistribution or collection of ant transferred property. Transferred property must be removed from the Defense Reutilization and Marketing Offices within 14 days, or sooner if so directed by the DRMO. Failure to claim and remove property will result in the redistribution of the property to another agency. 4. We understand and agree that this property is transferred from the Department of Defense (DoD). Transferred property must have a direct application to the LEA's street law enforcement, arrest and apprehension mission. Transferred property may not be disposed of, sold, bartered or transferred without prior notification, written authorization and instructions from the Texas 1033 Program Office, including instances in which property is no longer serviceable for law enforcement use. 5. We have read and understand, in its entirety, the Texas Military Surplus Property & Procurement Program booklet. We understand and agree to comply with the terms and conditions of the Texas 1033 Program and have signed the Release of Liability Statement. 6 We understand that the Federal Freedom of Information Act and the Texas Open Records Act apply to all property received under the Texas 1033 Program. 7. We understand and agree that our authority to screen expires one year from the date on the LESO authorization letter. We also understand that it is our responsibility to submit a new Law Enforcement Agency Data Sheet at least thirty (30) days prior to expiration of the LESO authorization letter, as well as anytime the information on the Data Sheet changes. VOL..' (o ~._r.'f~'•'^23A'.J~~ ~-7r-d'+.7-..rt0'_=ea<'•±.sMtsrsT+.'.i'r .:i~.ta h^ :rTME.-.;.trx..:u's.a.ar,:.;~rfi.• :1.- I::';. a ~ : tAi~riECS.Se~pSSEi'7't* ' h' ~M 8. We understand that the LEA must compile and maintain a detailed inventory of all transferred property obtained throughout the Texas 1033 Program. We further understand that a detailed inventory report, as outlined in the program overview, (attachment 6) is due at the Criminal Justice Division - Texas 1033 Program Office not later than January 20`s of every year. • 9. We understand that if a vehicle is obtained through the Texas 1033 Program, the LEA will forward photocopies of both (1) the United States Government Certificate to Obtain Title to a Vehicle (SF 97); and (2) the Texas Certificate of Title (Form 30-C) to the Texas 1033 Program Office within thirty (30) days of receipt. L A CHIEF EXECUTIVE'S SIGNATURE -David Patterson, Comander LEA CHIEF EXECUTIVE'S TYPED NAME & TITLE of DATE AUTH ED OFFI AL S SIGNATURE DATE -Alvin W Jones, Brazos County Judge AUTHORIZED OFFICIAL'S TYPED NAME & TITLE • 'AUTHORIZED OFFICIAL - County Judge, Mayor, or City Manager 0 r w Sf, aa.of 1.. LAW ENFORCEMENT AGENCY TT EX" DATA SHEET Date July 9, 2001 Agency:-Brazos Valley Narcotics Task Force Address: Po Box 631 City:-Bryan E-Mail patterson(a,bvntfcom State: TX._ Zip:-77806---063 I Phone: (_979_) 485_- 0239 Fax: (_979_)-485---0245 Number of Full-Time, Compensated, Sworn Officers: 12 Number of Full-Time, Sworn Narcotics Officers- 12 Number of Full-Time, Swom Tactical Officers: 0 Number of Full-Time, Sworn Diving Officers: 0 Screener # 1: -Commander David Patterson- Must be swom Officer Rank Name Screener #2: -Investigator Ed Frank Must be swom Officer Rank Name Weapons Officer: Invetigator Ed Frank Must be swom Officer Rank Name Signature: Chief Executive Official of Agency A onzed O ctal Name: David Patterson Chief Executive Official of Agency Title: Commander Chicf Executive Official of Agency -Alvin Jones Authorized Official Brazos County.Judge Authorized Official • This person is the official authorized to apply for, accept, decline or cancel participation of the applicant agency. This person may be the executive director of a state agency, county judge, mayor, city manager, or a designee as authorized through a resolution by the governing body. Note: This form must be filled out annually or as changes occur by the LEA and forwarded to the Program Coordinator. Signature: Dr Gary Walker Texas 1033 Program Coordinator STATE OF TEXAS OFFICE OF THE GOVERNOR RELEASE OF LIABILITY CRIMINAL JUSTICE DIVISION (NEW 4-98) • RELEASE OF LIABILITY AGENCY: -Brazos Valley Narcotics Task Force , -Brazos County , Texas City / county The Texas Law Enforcement Agency ("LEA") designated above acknowledges receipt of excess property from the Department of Defense pursuant to Section 1033 of the National Defense Authorization Act for Federal Fiscal Year 1997 (the "Act"). Such excess property transferred pursuant to the Act may include small arms and ammunition (hereinafter referred collectively as the "Transferred Property'). The LEA acknowledges that the Transferred Property is considered excess to the needs of the Department of Defense and that the Transferred Property may be in any condition from new to unserviceable. The LEA acknowledges that there may be hazards associated with the use of the Transferred Property, which could cause damage to property and serious injury or death. The term "use" with respect to the Transferred Property is acknowledged to include, but is not limited to, active deployment, passive transportation, and mere possession. The LEA agrees to provide appropriate or adequate training to any person who may use the property. The LEA agrees that it IS NOT the responsibility of the Department of Defense, the Office of the Governor's Criminal Justice Division ("CJD") or the State of Texas to provide appropriate or adequate training to any person using the Transferred Property. Neither the Criminal Justice Division (CJD) nor the State of Texas assumes any liability for damages • or injuries to any person or property arising from the use the Transferred Property. By signing this agreement, the LEA agrees to be solely responsible for any and all suits, actions, demands or claims of any nature arising from the use of the Transferred Property. The LEA agrees to maintain, at its expense, adequate liability and property damage insurance and workman's compensation insurance to cover any such claims. The LEA accepts Transferred Property "as is" with no warranty of any kind. Neither CJD nor the State of Texas makes any claims or warranties, expressed or implied, concerning the Transferred Property, including but not limited to warranty of fitness for a particular purpose. The LEA acknowledges that any item of the Transferred Property meeting the definition of "machine Gun" found in 26 U.S. C. 584(b)* must be registered with the Bureau of Alcohol, Tobacco, and Firearms ("ATF") with an ATF Form-10 (Application for Registration of Firearm Acquired by Certain Governmental Entities). Upon receipt of a properly executed Form-10, ATF will accept the registration of the machine gun and notify the LEA. Any machine gun registered in this manner is restricted for law enforcement use only. The LEA agrees to provide CID a copy of an approved Form- 4t q a3 vwL= sue.. Ci ~..w......uwrrx ter..- ~ . - r 10 for each machine-gun that is part of any Transferred Property received. The Lea must execute a separate transfer agreement with the United States Army, through the 1033 Program, for any small arms/weapons. The LEA acknowledges that it is solely responsible for any and all costs associated with the transferred Property, including but not limited to, packing, crating, handling, transportation, repossession, and disposal. The LEA acknowledges that Transferred Property may be disposed of only with the express approval of the 1033 Program and in accordance with local, state, federal laws, and the regulations and guidelines of the 1033 Program. The LEA specifically acknowledges that the preceding rule includes, but is not limited to the transfer, destruction or abandonment of any Transferred Property constituting small arms/weapons and weapons parts. Subject to the conditions set forth herein, title to the Transferred Property is assumed by the LEA upon written acceptance hereof from the LEA. The Chief Law Enforcement Executive and the Authorized Official signing below certify that he or she has the authority to legally bind the LEA. • - okk;<~-~ :2 b,1b1 LEA Chief Executive's Signature Date -David Patterson, Commander LEA Chief Executive's Typed Name & Title Autho Official's gnature'* • D -Alvin W. Jones Brazos County Judge . Authorized Official's Typed Name & Title i 1 1 i * 28 U.S.C.548(b) - The term `machine gun' means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. Authorized Official - County Judge, Mayor, or City Manager _4 5 0C ,VOL.yo ::4YC`31RS•7TiTYr~°~-•~fR1'7:.+D.i.?iw ~w ~.27.MS.`~f+•fa~-, YtCS':~i7m.1t~".`?ax:+V~~+T/R'~l'w~ ~'J~!fi` C7 July 9, 2001 MEMORANDUM FOR THE LAW ENFORCEMENT'AGENCY CHIEF EXECUTIVE SUBJECT: Expiration of Screening Authorization Letter Your agency's Screening Authorization Letter is scheduled to expire in the month of July. In order for your agency to continue in the Texas Military Surplus Property and Procurement Program (1033) your agent must complete and forward the most current information for your department. Included is the new packet needed to renew. I Once received, the new screening authorization letter will allow the officers listed on it access into any DRMO to screen for military surplus property. This letter supersedes any previous screening authorization letter issued to the LEA and is good for one year from the date of issue. Each year, thirty days prior to expiration of the authorization letter, a new Law Enforcement Agency Data Sheet with original signatures from the LEA chief executive and the authorized official must be mailed to the Texas 1033 Program office at the address below. A new data sheet must also be mailed if a change in screener(s) is desired. • Refer to the Instructions, Forms, & Procedures handbook for any questions regarding DRMO visits. For any additional questions, contact the Texas 1033 Program office at (512) 4754832 or (512) 475-1853. Texas 1033 Program office A I INCENTIVE PAYMENT MEMORANDUM OF (IPMOU) AGREEMENT BETWEEN THE SOCIAL SECURITY ADMINISTRATION AND THE Brazos County shpr,L i s A ; - S a .oa o un y. Texas Article I, Purpose & Legal Authority The parties in accordance with sections 1611(e)(1)(I) and 202(x)(3) of the Social Security Act (the Act) enter into this agreement. The agreement provides the terms and conditions under which the reporting entity (Reporter) will provide to the Social Security Administration (SSA) information about certain confined I individuals, on its own behalf and/or on behalf of other facilities/institutions for whom it will report as identified in Article III B.1 of this agreement and under which SSA will pay y, facilities/institutions for information that results in the suspension of payments to certain confined individuals (see article II B) receiving Supplemental Security Income (SSI) payments under title XVI of the Act, 42 U.S.C. 1381 rtt Beq , as well as suspension of benefits to individuals receiving Retirement Survivors and Disability (RSDI) benefits under title II of the Act, 42. U.S.C. 402 e seq The responsibilities of each party to the agreement are also provided. Title XVI of the Act sets forth the conditions under which individuals are eligible for SSI payments. Title II of the Act sets forth the conditions under which individuals are eligible for RSDI payments. Based on sections 202(x)(1), 202(x)(3), and 1611(e) (1) (A) of the Act (codified at 42 U.S.C. 402(x)(1), 402(x)(3) and 1382(e)(1)(A) respectively), the Social Security Administration is required to limit/deny the payment of benefits to: any individual for any month during which he/she is confined to a jail, prison, or other penal institution or correctional facility 1 under a conviction of a criminal offense; certain individuals (see article II C) confined by court order in an institution at public expense in connection with certain verdicts or findings with respect to such offenses; and to certain individuals who, immediately on completion of confinement based on a conviction of an offense, an element of which is sexual activity, are confined by court order in an institution at public expense based on a finding that such individual is a sexually dangerous person or a sexual predator or a similar finding (title II of the Act); or tc any individual for any month throughout which the individual is an inmate of a public institution (title XVI of the Act). a 3 0r~ 5 0~ ---r i,~ 2 Section 1611 (e) (1) (I) (i) and section 202(x)(3) of the Act authorize SSA to enter into agreements described in those sections with a specified type of interested State or local institution (such as a jail, prison, or other penal institution • or correctional facility or other institutions in which people are confined by court order at public expense). These sections of the Act provide the general terms and conditions under which, based on this agreement, the Reporter will provide information about confined individuals to SSA. SSA will also use the information provided by the Bra2ns county Sheriff's Office under authority of sections 205 (j) (1) (A) , 205(j)(5), 1631 (a) (2) (A) (iii) and 1631(a)(2)(E) of the Act which require SSA to revoke certification for payment of benefits to representative payees under certain circumstances and investigate and monitor the performance of such representative payees. (See also 20 C.F.R. 404.2050; 416.655). The incarceration or confinement of a representative payee is a circumstance that SSA will consider under the above referenced representative payee provisions. This agreement and any subsequent addenda supersede any similar agreement entered into previously under the above-cited statutory provisions by the reporter and SSA concerning disclosure of records of confined individuals or inmates of public institutions. Section 552a(a)(8)(B) of title 5, U.S.C., as amended by section,, 402(a)(2) of Public Law 106-170 exempts this agreement, and information exchanged under this agreement, from certain provisions of the Privacy Act, i.e., those relating to computer matches. Article II, Definitions • A. "Confined" refers to individuals who are confined to a facility/institution described in Article I of this agreement under authority of law at any time during the period covered by this agreement. B. "Other Confined Individuals" (Title 8VI Beneficiaries) are individuals who are confined to a jail or similar facility throughout any month during the period covered by this agreement. This individual remains confined if transferred from one public institution to another or if temporarily absent from such an institution, or resides in the institution as of the beginning of a month and dies in the institution during the month. C. "Certain Other Individuals Confined at Public Expense"(Title XI beneficiaries) are individuals confined by court order for more than 30 continuous days in any institution at public expense in connection with: 1 ALP w R_ 503 .z t e c. ~ r 3 1 1 i ~i t 4 i ' (1) A verdict or finding that the individual is not guilty of a criminal offense by reason of insanity; or (2) A finding that the individual is incompetent to stand trial under an allegation of a criminal offense; or (3) A similar verdict or finding with respect to such an offense based on similar factors (such as a mental disease, a mental defect or mental incompetence). Such an individual is considered confined until (1) he or she is released from the care and supervision of such institution; and (2) such institution ceases to meet the individual's basic living needs. D. "Sexually Dangerous Individuals" are individuals, who immediately upon completion of their prison sentence for a criminal offense (an element of which is sexual activity), are confined for more than 30 continuous days by court order in an institution at public expense. These individuals are confined in an institution based on a determination or finding that they are sexually dangerous persons, sexual predators, or similar determinations or findings. E. "Representative Payee" means the person, agency, organization or institution selected (by SSA) to receive and manage benefits on behalf of an incapable (SSA) beneficiary. This includes a parent who is receiving benefits on behalf of his/her minor child. i { I . t i I 1! i F. "Record" means any item, collection, or grouping of information about an individual that is maintained by an entity including, but not limited to, the individual's criminal history, name, Social Security number (SSN), aliases, date of birth, gender, date of confinement, place of confinement and prisoner or inmate status. G. "Disclosure" means the release of information (data) with or without the consent of the individual(s) to whom the information pertains. H. "Reporter Identification Code" means the four-character code assigned by SSA to the Reporter that is party to the agreement and that will report information on its own behalf and/or on behalf of other facilities/institutions identified in this agreement. 1 r~ I. "Facility Identification Code" means the six-character code that SSA will assign to a facility or institution that confines individuals and is covered by this agreement. This code must be furnished with each submission of inmate data to SSA concerning the facility/institution's confined individuals in order for SSA to process any incentive payments due the facility/institution under this agreement. J. "Throughout a month" means that a title XVI individual is confined in an institution as of the first instant of a calendar month and stays through the last instant of the month. Suspension applies in any month throughout which an individual is confined as an inmate of a jail, prison, other similar facility or other such public institution. Example 1: If an individual enters an institution on April 30 and is released on June 3, the individual would be confined throughout May. Example 2: If an individual enters an institution on May 1 and is released on June 30, the individual would not have been confined in an institution throughout either May or June. • Under the SSI program, an individual who is confined in a public institution is considered as remaining confined in a public institution if he is transferred from one such institution to another or if he is temporarily absent for a period of not more than 14 consecutive days. Also, an individual is considered confined in an institution throughout a month if he is confined in the institution as of the beginning of a month and dies in the institution during the month. K. "More than 30 continuous days" means that a title II individual has been convicted and remains confined in an institution for a period of more than 30 continuous days following the conviction. Suspension applies in any month in any part of which the individual is convicted and confined. Example 1: Individual is convicted on April 28, enters an institution on April 30 and is released on June 3. The individual would be convicted and confined for more than 30 continuous days. Benefits would be suspended for all three months, April, May, and June. Example 2: Individual is convicted on May 1, enters an institution on May 1 and is released on June 30. The individual would be convicted and confined for more than 30 continuous days in an institution. Benefits would be C7 suspended for both months, May and June. Article III, Description of Records to be Matched General 5 1. The Reporter will identify confined individuals for SSA. 2. SSA will determine which of these confined individuals are i receiving SSI payments, RSDI payments and/or acting as representative payees. B. Source of Reporter Records 1. These records are compiled from the Brazos County Jai M (the Reporter must list all of the facilities/institutions that are covered by this agreement for which it will report). 2. A reporter may opt to qualify only for the payment of title XVI Incentive Payments. If the Reporter chooses that option, then the Reporter must provide the following data elements: a. Social security number (provide all numbers the individual has been known to use) b. Name (provide all names the individual has been known to use); (Note: provide all known combinations of Social Security Number/Name identities); c. Date of birth (known or alleged); d. Confinement date, i.e., the date the inmate was admitted to the facility or the date custody of the individual began; e. Facility identification code; and f. Other identifying information as required in the attached Enumeration Verification System (EVS) User Package for Correctional Institutions. 3. A Reporter may opt to qualify for the payment of both j title XVI incentive payments and title II incentive payments. If the Reporter chooses that option, then, the i Reporter must provide the following data elements: a. Social Security Number (provide all numbers the individual has been known to use); b. Name (provide all names the individual has been known • 6 to use) (Note: provide all known combinations of Social Security Number/Name identities); c. Date of Birth (known or alleged); d. Confinement date, i.e., the date the individual was admitted to the facility or the date custody of the individual began; e. Date of Conviction for the criminal offense; f. Facility identification code; g. Other identifying information as required by the attached Enumeration Verification System (EVS) User Package for Correctional Institutions. 4. All records will be prepared and transmitted as prescribed in Article IV with clear identification of the facility/institution that is the source of such records. C. SSA Systems of Records SSA will match the data from the'Reporter for the purpose described in the following systems of records. The data will be matched against the: 1. Supplemental Security Income Record (SSR) SSA/OSR 09-60- 0103 2. Master Representative Payee File (09-60-0222) 3. Master Beneficiary Record (MBR)(09-60-0090) 4. Master Files of Social security Number Holders and SSN Applications SSA/OSR 09-60-0058 (Alphident & Numident) • Article IV, Functions to be Performed The information on confined individuals must be provided electronically (i.e., a computer tape, cartridge, diskette, or electronic transmission). A. Type of Report The Reporter agrees that it will furnish SSA with (check one of the reports below): -X- Report(s) (electronic file or paper report, if appropriate) containing the data elements/reporting requirements listed in Article III.B.2.for individuals • whose confinement commences on or after March 1, 1997 for SSI recipients. (Title XVI Incentive Payment Agreement only.) ~ L 'i Sb 0 • j " { 7 I ' I or Reports (electronic file or paper report, if appropriate) containing the data elements/reporting requirements + listed in Article III.B.3.for individuals whose confinement and/or conviction commences on or after March 1, 1997 for SSI recipients and the confinement and conviction for RSDI beneficiaries commences on or after April 1, 2000. (Title XVI and Title II Incentive Payment Agreement.) B. Reporting Protocol 4 Report data required to qualify for Title XVI and/or Title II ` Incentive Payments (See Article III B.2 or 3 for data to be ` reported to SSA on inmates.) I 1. The first submission of data, whether done electronically or by paper, will be a total inmate population report, commonly referred to as a census report. : 2. After census file is submitted to SSA, files are to be submitted monthly for the preceding calendar month. The monthly report should consist of: 4 . data for those individuals who are admitted to the i facility/institution at any time during the period from the first day of the reporting month to the last day of { that month (e.g., newly admitted inmates)and/or, data for those individuals already in the custody of the facility/institution who have subsequently been convicted since the facility/institution initially began reporting inmate data to SSA. C. SSA Actions on the Inmate Data Received After validating or lodating the proper Social Security number, SSA will: ` 1. Determine if the individual is receiving SSI or RSDI I benefits. 2. Verify that the individual has received an SSI or RSDI benefit in the month preceding the first month throughout which such individual is an inmate; 3. Determine whether or not such individual is acting as a representative payee; 4. Investigate and determine whether revocation of representative payee certification is appropriate under applicable law as cited in Article I. 5. verify that the individual has been confined • throughout a calendar month for SSI or; convicted and confined for more than 30 continuous days for RSDI. 6. Notify the individual of the suspension action and provide the individual with an opportunity to contest the planned action under applicable regulations. 7. Suspend SSI and RSDI payments as required by law. 8. Pay the appropriate facility/institution as specified under Article V. 9. Provide the Reporter with a notice of the amount of the incentive payment, the payment date and the total number of suspended individuals, and a list of the individuals suspended. D. SSA Addresses for Submitting Data Files The Reporter agrees to send the data to.one of the following addresses. If the Reporter prefers to ensure timely receipt of the data, files may be sent using FedEx. (Note: For diskette or large paper reporters, the address information for FedEx files differs from the regular mailing address since FedEx cannot be delivered to a P.O. Box. See below.) 1. Send tapes or cartridges to: • SSA Attention: Outside Agency 2-F-9 National Computer Center 6201 Security Blvd. I Baltimore, MD 21235-6201 2. Send diskettes to: SSA Division of Employer Services, OCO Metro West Building P.O. Box 33004 Baltimore, MD 21290-3004 509 8 i; F' . y~ a 1, I ii I 1 9 { FedEz address for diskettes: SSA OCO, Division of Employer Services, ATTENTION: Prisoner 300 North Greene Street, 5-E-10 North Building t Baltimore, Maryland 21290-0300 Contact Name: Dorthea Towson Telephone Number: (410) 966-9649 3. Send paper listings that contain over 1000 names to: SSA Division of Employer Services, OCO Metro West Bldg. P.O. Box 33004 Baltimore, MD 21290-3004 t. FedEx address for paper reports: SSA OCO, Division of Employer Services, ATTENTION: Prisoner 300 North Greene Street, 5-E-10 North Building Baltimore, Maryland 21290-0300 Contact Name: Dorethea Towson Telephone Number: (410) 966-9649 3. Establishing electronic transmission process: Contact Anita Cohen on (410) 965-5340 to establish electronic processes with SSA systems. Article V, Incentive Payment Process t: SSI (Tit-In XVT) Tn-_n ivP Pa ntg In accordance with section 1611(e)(1)(I)(i)(II) of the Act, SSA will pay an incentive payment to a facility/institution covered by this agreement for information on a confined individual which the Reporter furnishes to SSA within the time periods specified below, provided that the confined individual is: t • Receiving an SSI payment for the month preceding the fiLS,L month throughout which the confined individual is in such facility/institution; and j_ • Determined by SSA to be ineligible for a SSI payment for such first month as a result of the information provided by the Reporter under this agreement. L3~_ S1 . C~5.1 :YJ_-wcsa+r. ..r rcnl.r . .+c.as L'u. . . r..~w.aa . . - - . o-sa.-r ww a..w~ . M1 a i -J _ afJf2aLC#~ LLI~..il.+fuaruTCYayp~'-'..'UunY.: hF~ i~i1i Gil ♦ _ . _ /•r n F l~ u 10 NOTE: See article III, B.2. for data elements required to qualify for Title XVI incentive payments as described above. RsDT (Tit-If- TT) Tn - _n iy Pa n S In accordance with section 202(X)(3) of the Act, SSA will pay an incentive payment to a facility/institution covered by this agreement for information on a confined and convicted individual which the Reporter furnishes to SSA within the time periods specified below, provided that the confined individual is: Is receiving an RSDI payment for the month preceding the first month in which the confined individual is in a facility/institution; and Determined by SSA to be ineligible for an RSDI payment for any part of the first month as a result of the information provided by the Reporter under this agreement. NOTE: See Article III, B.3 for the data elements required to qualify for Title XVI and/or Title II incentive payments as described above. Pavm n of Tn n_iv s r SSA will pay such facility/institution: $400 if the Reporter furnishes the information on a confined individual described above to SSA within 30 days after the 1 date the individual's confinement in such facility/institution begins; and/or, $200 if the Reporter furnishes such information to SSA after 30 days after such date but within 90 days after such date. The dollar amounts above will be reduced by 50 percent if the Commissioner is also required to make a payment to the reporter with respect to the same individual under an agreement entered into under section 202(x)(3)(B); and, conversely will be reduced by 50 percent if a payment is made with respect to the same individual under section 1611 (e) (1) (I) (I) . If SSA cannot validate the SSN of a confined individual, SSA will take no further action. SSA will not pay an incentive payment for information concerning a confined individual if, prior to SSA's receipt of the information, SSA has already determined that the individual is VOA ~tg- a • l 11 ineligible for SSI or RSDI payments or.in cases in which SSA's only action is to suspend the individual from serving as a representative payee. Payments made by SSA under this agreement represent incentive payments accruing as a result of SSA's efforts in processing the data provided under this agreement when such data results in the suspension of SSI payments to confined inmates or confined and convicted inmates for RSDI payments. The time required for SSA to complete the verification process, perform case development to determine whether suspension of an individual's SSI or RSDI payment is appropriate, and, complete the due process requirements that must be accorded an individual subject to a suspension action, may vary from case to case and may represent several months. SSA will pay incentive payments to a monthly basis by electronic transfer institution will name a financial in, information required on an Automated Vendor/Mis cell n o ua Payment Enrollm, its incentive payments by electronic facility/institution on a of funds. The facility/ stitution and provide the Clearing House (ACH) =nt Form (SF 3881) to receive transfer of funds. SSA will provide the-Reporter with a notice of the amount of the incentive payment, the payment date, the total number of suspended individuals, and a list of individuals suspended. Disputes involving these incentive payments will be considered by the Regional Prisoner Coordinator designated in Article IX. The Reporter should forward a written request describing the dispute in detail to the Regional Prisoner Coordinator designated in Article IX within 30 days of its receipt of the relevant incentive payment notice. Article VI, Records Usage, Duplication and Redisclosure Restrictions SSA agrees to use the information provided by the Reporter only to determine which of the confined/convicted individuals are receiving payments and to suspend these payments as required by law and to investigate and monitor the performance of representative payees under circumstances as described in Article I. SSA will adhere strictly to the provisions of section 1611(e)(1)(I) and 202(x)(3) of the Act in any usage, duplication, or redisclosure of information provided by the Reporter under this agreement. As required by section 1611(e)(1)(ii)(II) and section 202(x)(3) of the Act, SSA will redisclose the information obtained pursuant to this agreement to any Federal or Federally assisted cash, food, or medical assistance program, for eligibility purposes. 12 • SSA will retire all identifiable records in accordance with the Federal Records Retention Schedule (44 U.S.C. 3303a). For records the Reporter wants returned, SSA will return the Reporter's electronic files (magnetic computer tapes, diskettes or other electronic media) to the Reporter within 12 months. Paper reports will not be returned. Article VII, Notice, Verification and Opportunity to Contest SSA agrees to verify information obtained under this agreement prior to initiating any adverse action against an individual. Pursuant to its applicable regulations, SSA will inform the individual by written notice that it has received specified information indicating that the individual is confined under the jurisdiction of a named prison system or is an inmate of a public institution beginning (month/year) and that, by law, SSI payments and/or RSDI benefits must be suspended. SSA will afford the individual the opportunity to contest and submit information concerning the planned action and to appeal a determination by SSA to suspend payments in accordance with applicable regulations. u SSA is responsible for determining the most suitable representative payee to receive title II and title XVI payments. For title II and title XVI actions under the representative payee provisions cited in Article I of this agreement, in addition to notices provided to any affected Social Security beneficiary or SSI recipient, that the representative payee receiving notice has 30 days to contest the Agency's decision to change representative payee for the affected beneficiary or recipient based in part on the current payee's incarceration or confinement under applicable provisions of the Act and regulations requiring revocation of certification of payment to certain representative payees and monitoring of representative payee performance by SSA. NOTE: SSA's final decision on the representative payee issue does not affect the eligibility or entitlement of the individual to the continued receipt of Social Security benefits or supplemental security income payments. In the event that there is any adverse effect on the monthly benefits payments to the beneficiary or recipient as a result of this match, if a decision is made to change the representative payee, the beneficiary or recipient will receive notice of the change as provided in sections 205 (j) (2) (E) (ii) and 1631 (a) (2) (B) (xi) of the Act. 40 4J Y; r; Lr €i F~ Yj 1t k. ~Y t C; fF - o m k ' 4 't 13 Article VIII, Term of the Agreement This agreement supersedes any previous agreement(s) between SSA and the facility/institutions identified in this agreement effectuating the exchange of prisoner information for the purpose of enforcing section 1611 (e) (1) (A) , 205 (j) (1) (A) , 205(j)(5), 1631 (a) (2) (A) (iii) , 1631 (a) (2) (E) , and 202(x)(1) of the Act. This agreement shall be effective upon the signatures of both parties and shall remain in effect until terminated by either of the parties. The agreement may be terminated upon written r, notification by either party 90 days in advance of the } termination date. Article IX, Persons to Contact r A. The SSA contact for questions concerning this incentive s payment agreement is the Regional Prisoner Coordinator in SSA's Dallas Regional Office at the following address: Ed Hromatka/Larry Mayo MOS, Center for Disability Room 670 i 1301 Young Street << Dallas, TX 75202-5433 (214) 767-4281 FAX (214) 767-8267 E-mail: ed.hromatka®ssa.gov/ B. The SSA contact for'policy questions concerning the incentive payment provision is: William Browne Office of Program Benefits 3-A-26 Operations Building 6401 Security Boulevard Baltimore, MD 21235-6401 (410) 965-7685 ti FAX (410) 597-0146 E-mail: bill.browne®ssa.gov i C. For technical.questions concerning the computer operation itself, contact: Anita Cohen Team Leader, Client Identification Branch 3-L-16 Operations Building 6401 Security Boulevard Baltimore, MD 21235-6401 (410) 965-5340 FAX (410) 966-4159 E-mail: anita.m.cohen®ssa.gov r 5 s a3Ag ~ 1 I. 14 • D. The Reporter contact for the incentive payment provision is: NAME Brazos County Treasurer, Kay Hamilton or Terri White ADDRESS 300 E. 26th St #314 Bryan TX 77803 TELEPHONE 979-361-4340 FAX 979-361-4368 E. The Reporter contact concerning technical questions regarding the electronic file process is: NAME Brazos County Sheriff, Wayne Dicky or Theresa Pittman ADDRESS 300 E. 26th St #105 Bryan TX 77803 TELEPHONE 979-361-4100 FAX 979-361-4119 F. The Reporter contact for questions concerning the incentive payment accounting information is: NAME Brazos County Auditor, Margie Wedel or Irene Jett ADDRESS 300 E. 26th St #313 Bryan TX 77803 TELEPHONE 979-361-4350 FAX 979-361-4368 Article X, Signature In witness whereof, the parties execute this agreement, FOR THE OCIAL SE RITY ADMINISTRATION BY \ DATE o7 ~Ol ct Manager (TITLE) FOR THE REPORTER BY DATE 7. 04 (TITLE) 0 . VL-12-2001 THU 04;04 Ail AMENDMENT TO INTERGOVERNMENTAL AGREEMENT r BY AND BETWEEN TEE CM n OF BRYAN & COLLEGE STATION, BRAZOS COUNTY, AND BRAZOS ANII"L SHELTER, INC. For the Admbddration and Comma Use of an Animal Sbelter E: This amendment to the Intergovernmental Agreement, executed on October 22, 1991, is made and entered into by the parties below, in order to approve a new lease agreement between the City of Bryan and the Brazos Animal Shelter, Inc. The current lease expires on June 30. 2001. The new lease, attached to this Amendment as Exhibit "A", extends the p lease period for another ten years. Attachment: Exhibit "A". ATTEST: BRAZOS COUNTY, TEXAS: County Clerk Coun Jndge APPROVED AS TO FORM: County Attorney ATTEST: CITY OF COLLEGE STATION: City Secretary APPROVED AS TO FORM: City Attorney ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Mayor CITY OF BRYAN: Mayor a3~ L - N P. 02 1 M - ~ ~l~jy ~ ~ ~ ' ~Fpwrw ~~+n. ~/~rwrw•rV/M/IMr~ivr - .ti r~w~w+1~'~W-- .rw+w~wiWVlaw~rr~h4 w1r1+n M./.1W1w~h~rr~w~._.. .+~M~MdWY ~ • - ~ JUt I2-2001 THU 04.04 At1 - P. 03 - • ~ ~ S ~SSIIViAL SHEL ATTF.~r. BRA7A TER, u ~~I~ ~ S • ~ i Kathy Bice Farocnt3~ro Dir+eetor DinctOr Director Direct ro r~ I r y a ti R ~ r ~ r i ~ R. THE STATE OF TEXAS , JUL-12-2001 THU 04:04 Ali . , Exhibit "A" COUNTY OF BRAZOS , . . • P. 04 KNOW ALL MEN BY THESE ' PRESENTS: LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this the _ day of 2001, by and between the CITY OF BRYAN, hereinaRer referred to as "Lessor", and BRAZOS ANIMAL SHELTER, INC., a Texas Non-Profit Corporation with offices 2207 Finfcather Road, Bryan, Texas 77801. referred to as "Lessee". This Lease is executed in conjunction with an Intergovernmental Agreement between the Cities of Bryan and College Station and Brazos County for the operation of an animal shelter. At the termination of this Lease, the Leased Premises shall revert to the City of Bryan and spocifically, to Bryan Texas Utilities. ARTICLE 1. LEASED PREMISES Lessor does hereby lease to Lcssce that certain tract of land and the structures located thereon, known as 2207 Pinfeather, Bryan, Brazos County, Texas, sad more particularly described in Exhibit "A"; said property hereinafter referred to as the "Leased Premises". Lessor hereby grants Lessee, for the term and any extension of this lease, for the benefit of Lessee and Lessee's employees, agents, customers, and invitres, the right to use the Leased Premises for the operation of an animal shelter. ARTICLE 2. LEASE TERM 2.01. Commencement and Termination. This lease shall be for a term of ten (10) years, referred to as the lease term, commencing on July 1, 2001 and terminating on June 30, 2011, subject to earlier termination as provided 1}crcin. ARTICLE 3. RENT 3.01. No rent is requued from Lessee, as long as Lessen maintains the Leased Premises in compliance with this Lcasc Agreement. Lessee's occupation of the Leased Premises and waiver of rent serve as a portion of the contribution of the City of Bryan to the maintenance of the Brazos Animal Shelter, pursuant to the Intergovemrnental Agreement between the Citica of Bryan and College Station and Brazos County, Texas, dated October 22, 1991. ARTICLE 4. CONDITIONS OF LEASED PREMISES ~ Bresos anima! Shelter Lease wEreemest ,t i. 4 4 w ,IUL-12-2001 THU 04:05 Ati P. 05 4.01 Con of Leased Premises. Lessee has examined and accepts the I.eascd Premises in iu present AS IS condition as suitable for the purposes for which the same are leased, and does hereby accept the Leased Premises. S.O1 Solc Purnos~. The Leased Premises shall be used solely for the operation and maintenance of an animal shelter for the use and benefit of the public of the Brazos Valley, ARTICLE S. USE OF LEASED PREMISES ARTICLE 6. MAINTENANCE OF LEASED PREMISES 6.0] Care and Maintenance of Leased Premises, Lessee shall commit no act of waste and shall take good care of the Leased Promises and the fixtures and appurtenances on it, and shall, in the use and occupancy of the Leased Premises, conform to all laws, orders, and regulations of the United States, the State of Texas, and the City of Bryan. Lessee shall make all necessary repairs to the Leased Premises. All improvements made by Lessee to the Leased Premises which are so attached to the Leased Premises that they cannot be removed without m8terial Injury to the Leased Premises, shall become the property of Lessor upon installation. Not laur than the last day of the term, Lessee shall, at Lcssce's expense, remove all of Lessee's personal property and those unprovemcnts made by Lessee which have not become the property of Lessor, and surrender Leased Premises in as Sood condition as'they were at the beginning of the term, absent rcasonablc wear and damage by fue, the elements, casualty, or other causes not due to the misuse or neglect by Lessee or Lcsscc's agents, servants, visitors or licensee, excepted. All property of Lessee remaining on the Leased Prcrnises after the last day of the teen of this lease shall be conclusively deemed abandoned and may be removed by Lessor. 6.02 Accumulating of Waste or Reruse Matter. Lesser shall not permit the accumulation of waste or refuse matter on the Leased Premises or anywhere in or near the buildings. 6.03 Alteration~_Additi~n~ or Imnrovetnents. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations. additions or improvements in, to or about the Leased Premises. ARTICLE 7. INSURANCE AND INDEMNIFICATION 7.Ot. Yns,_nce. Lessee agrees that it will, at its own expense. at all times during the tens of this Iease, maintain in force a policy or policies of insurance, written by one or morn responsi'+ie insurance carriers, approved by lessor, which will insure Lessor against liability for injury to or death of persons or Loss or damage to their property occurring in or about the - demised Leased Premises in the amount of One Million Dollars (51,000,000.00). 7.02 Xndemnfttcation of Leaser. Lessor shall not be liable for any loss, damage, or injury of any kind or character to any person or property arising from any use of the Leased Hramt Maud sbdar wte~eme~u 2 ~~3 ,pro s iy , • ~u~.- ~ Z-Zoo i ~u o4 : 05 An P. os Premises, or nay part thereof, whether caused by any defect on the Leased Pn7aises or in any r, structure or other unprovemeat thereon or in any egniptneat or othez facility therein, or caused by or arising from any act or omission of Lessee, or of any of Lessee's agents, employees, licensees, or invitees, or by or from an`y accident oa the Leased Premises or any fire or other casualty thereon, or occasioned by the failure of Lessee to maintain the Leased Premises in safe condition, or arising from any other cause whatsoever; and Lessee hereby waives alI claiuu and demands against Lessor for nay such loss, damage, or injury of Lessee, and hereby agrees to indemnify and hold Lessor entirely free and harmless from all liability for any such loss, damage, or injury of other persons, and from all costs and expenses arising therefrom, including Lessor's own negligence. The indemnity provided in this subarticle includes indemnity for losses ~ caused in the demolition operations that will be conducted by Lessee on the Leased Premises up 4 to the tcrinination date of the lease. Any demolition and losses Rowing therefrom undertaken by the Lessor after the termination of the lease will be Lessor's liability. ARTICLE 8. ASSIGNMEN? AND SUBLEASE 8.01 Lessee shall not pledge or encumber this lease, in whole or in part. or subset the Leased Premises or any part thereof. This covenant shall be binding upon the legal rcprescntatives of lessee, and upon every person to whom Lessee's interest under this base passes by operation of law. AR?ICLE 9. SECURITY DEPOSIT 9.01 Lessor shall waive any security deposit. ARTICLE 10. UTILITIES 10.01 Lessee shall pay for all utilities used on the Leased Premises including, but not limited to, electricity, gas, sewer and water. ARTICLE 11. DEF~►ULT AND REMEDIES ~C 1 t i F 11.01 Termination on Default. Should Lessee default is the performance of any covenant, condition, or agreement in this lease, and such default is not corrected or good faith efforts undertaken to correct such default within ten (10) days after receipt of written notice from Lessor to Lessee, Lessor may declare this lease, and all rights end interests created by it, to be terminated. Upon Lessor electing to terminate, this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof. Should Lessor default in the performance of any covenant or agreement herein contained and such default shall continue for ten (10) days after receipt by Lessee of written notice thereof given by the Lessee, than at Lessee's option the Rase shall terminate. 11.02 Lessor's Right To Cure Lessee's Breech._ If Lessee breaches nay covenant or condition of this lease, Lessor may, on reasonable notice to Lcs9oo (wcccpt that no notice need be given in case of emergency) cure such breach at the expense of Lessee. Brazos Mimnl Shatter I.eat~ /~reeenent 3 y~~q~ a3..~;~z ~aa, 8 ' f i X ,JUL-12-2001 THU 04:06 AH A P. 07 11.03 Other Remedies. Any termination of this lease as herein provided shall not relieve Lessee from the payment of any sum or sums that shall then be due and payable to Lessor hereunder at the time of such termination, or any claim for damages then or previously accruing against Lessee hereunder, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessee or for any default hereunder. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessee of a breach.of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction contained in this lease. ARTICLE IL LESSOR'S WARRANTIES 12.01. Warranty of Title. Lessor hereby represents and warrants that it is the owner in fee simple absolute of the Leased Premises subject to any covenants, conditions, restrictions, easements, and other matters of record, which covenants, conditions, restrictions, and easements shall not interfere with or prevent the use to be made of the Leased Premises. 12.02. Warranty of Quiet Enjoyment. Lessor covenants and agrees that Lessee, upon observing and keeping the covenants, conditions, and terms of this lease on Lessee's part to be kept or performed, shall lawfully and quietly hold, occupy, and enjoy the Leased Premises during the term of this lease without hindrance or molestation by Lessor or any person claiming under Lessor. 0 ARTICLE 13. OPERATION OF THE ANIMAL SHELTER 13.01 Reeulation Comnliance. Lessee expressly agrees to comply with the rules and regulations set for in the City of Bryan Code of Ordinances, as they now exist or may be amended during the term of this Lease. This Lease shall also be subject to and Lessee shall comply with all City, State and Federal ordinances, statutes and regulations applicable to the use of the Premises. ARTICLE 14. GENERAL PROTECTIVE PROVISIONS 14.01. Right of Entry and inspection. Lessee shall permit Lessor or its agents, representatives, or employees to enter on the Leased Premises for the purposes of inspection, determining whether Lessee is in compliance with the terms of this lease, maintaining, repairing, or altering the Leased Premises. 14.02. No Waiver. No waiver by Lessor of any default or breach of any. covenant, condition, or stipulation herein contained shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation hereof. 8n= AMim stWtMAVOMM 4 "L2L=SM ' M 0 1 -ro - - - - - - - - . I - . . . - 1-1 - JUL-12-2001 THU 04;07 An P. 08 14.03. Release of Lessor. In the event Lessor shall sell of transfer the Leased Premises or any part thereof and as a part of such transaction shall assign its interest as Lessor in and to this lease, then from and after the effective date of such sale, assignment, or transfer, Lessor shall have no further liability under this lease to Lessee, except as to matters of liability which shall have accrued and are unsatisfied as of such date, it being intended that the covenants and obligations contained in this lease on the part of Lessor shall be binding on Lessor and Lessor's successors and assigns only during and in respect of their respective successive periods of ownership of the fee. ARTICLE 15. TERKWATION i° 15.01. srly Termination. Either party may terminate this lease agreement upon 60 days written notice to the other party. 15.02. Condemnation. If the whole or any substantial part of the Leased Premises is taken for any public or quasi-public use under any governmental law, ordinance or regulation or by right of eminent domain or should the Leased Premises be sold to a condemning authority under tlzcat of condemnation, this lease shall terminate. ARTICLE 16. AUSCELLANEOUS 16.01. Delivery of Notlcg. All notices, demands, or requests from one party to another may be personally delivered or sent by mail, certified or registered, postage prepaid, to the addresses stated below, and shall be deemed to have been given at the time of personal delivery or at the time of mailing: Lessor. Lessee: CITY OF BRYAN BPAZOS ANIMAL SHELTER, INC., ATTENTION: CITY MANAGER ATTENTION: EXECUTIVE DIRECTOR P.O. Box 1000 P.O. Box 4191 Bryan, Texas 77805 Bryan, Texas 77805 Either party may change their respective address, effective upon prior written notice to the other party. 16.02. Bindln, Eftgg . Subject to the provision of this lease pertaining to assignment of the Lessee's interest, all provisions of this lease shall extend to and bind, or inure to the benefit • not only of the parties to this lease but to each and every one of the heirs, executors, representatives, successors, and assigns of Lessor and Lessee n 16.03. Texas Law to Apply. This Lease shell be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. Brazos Animal ShOw Lcau Agrootmm S a3 swam PARS ~40~~ c,rA, y`7 JM-12-2001 THU 04:07 An P. 09 tl 16.04. Legal Construction. In case any one or more of the provisions contained in this n Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this lease and it shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 16.05. Amendment. No amendment, modification, or alteration of the terns hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by all the parties hereto. 16.06. Rights and Remedies Cumulative. The rights and remedies provided by thus lease are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. The rights and remedies provided herein are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 1 The Lease has been executed by the undersigned in duplicate originals on the dates specified and is effective as of the date first written above. LESSEE: LESSOR: BRAZOS ANIMAL SBELTER, INC. CITY OF BRYAN, TEXAS ` By: Title: Jay Don Watson, Mayor } Executed on: APPROVED AS TO FORM: ATTEST: Michael J. Cosentino, City Attorney Mary Lynne Stratta, City Secretary ei r~ L i a3 5a.3 ~ i Bra=s sn Pon 6~ r- sL JUL-12-2001 THU 04 ; 07 AM. P. 10 THE STATE OF TEXAS k • COUNTY OF BRAZOS This instrument was acknowledged before me this the day of 2001, by Jay Don Watson. Mayor of the CITY OF BRYAN, on behalf of and as the act and decd of said City. Notary Public in and for Brazos County. Taxes My Commission Expires: THE STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me this day of 2001, by • on behalf of BRAZOS ANIMAL SHELTER, INC., a Texas Non-Profit Corporation. Notary Public in and for Brazos County, Texas • My Commission Expires: f ai 4 • i ~t s t~3 ~a Drum Animel Shcha Lease ASmcmm i 7 r • _ - .-.-~--~r.•+•„R,;,.,n~aap•a.arr~a--rawasr+e+ox~wt..aa+m~.aw..+o.+~--•----~...~......,.~.....~,•*nc~.a+mown.7n.~+wwrw•at+e~ritKrJi:.wt7rr.~wr~:.~rc»aaiw.\ • ~ ~ ~ • '1 •+C fib..-• ~ ~ ~ i 0 GLB SUPPLEMENT TO DCS SUBSCRIBER AGREEMENT July 1, 2001 I, 0 C] This Supplemental Subscriber Agreement is entered into by and between DALLAS COMPUTER SERVICES, INC., a Texas corporation, d/b/a DCS INFORMATION SYSTEMS (referred to as DCS), and Brazos County (referred to as Subscriber). (Name of Subscriber) A. State and federal laws have been recently enacted which govern the release and use of non-public personal financial information contained in Consumer Reporting Agency individual record databases (Credit Header Information or Consumer Report) maintained by a Consumer Reporting Agency and provided to customers by DCS. B. DCS requires all current Subscribers who utilize such Credit Header Information databases to enter into a written agreement that satisfies the state and federal laws governing the use of such Credit Header Information databases prior to release of the requested information. Now therefore in consideration of the mutual covenants and agreements herein contained and as a condition precedent to Subscriber obtaining information from DCS databases and continued access to service under the Subscriber Agreement, the parties do hereby agree as follows: 1.1 Limitation of Use. Pursuant to the federal Gramm-Leach-Bliley Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.), (the "Act'j, Subscriber hereby agrees not to utilize any information provided hereunder for any purpose, which would violate the privacy obligation policy and any other terms and provisions of the Act, or any similar state or local statute, rule and regulations. Subscriber agrees that should they take adverse action as a result of the Credit Header provided by DCS, Subscriber will verify the information from the Credit Header with another source. Subscriber agrees to use Credit Header information as lead information only. Subscriber agrees to order and use Credit Header information only in connection with the following needs involving the subject: Please check the purpose that most applies to Subscriber's use. (Check one use only) o a) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability; or o b) for required institutional risk control or for resolving consumer disputes or inquiries; or c) due to holding a legal or beneficial interest relating to the subject; or O d) for the following purpose related to the customer's insurance: account administration, reporting, investigating, fraud prevention, premium payment processing, claim processing, benefit administration or research projects. Subscriber agrees not to use Credit Header information for any other purpose. Any Subscriber that t :x• ~4- j ? i ~e F , a3 5 a5 f qualifies as a law enforcement agency agrees to order and use Credit Header information only in connection with an investigation involving the subject on a matter related to public safety and for no other purpose. Subscriber understands and agrees that use of Credit Header Information for any other purpose may constitute a violation of Gramm-Leach-Bliley Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.). 2.1 Termination of Contract. DCS shall immediately terminate this contract and Subscriber's access to the data in DCS files if Subscriber fails to comply with the provisions of this Agreement, or if DCS becomes aware of any violation by Subscriber of the foregoing restrictions. 3.1 Compliance with Laws. The Subscriber and Subscriber's employees, agents and contractors shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of this Agreement. By signing this Agreement, the Subscriber certifies that it will comply with the provisions of the Gramm-Leach-Bliley Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.), including, but not limited to, limiting usage to the permitted uses under that Act. 4.1 Limitation of Liabili!y. The Subscriber shall save harmless DCS from any liability which may arise from the Subscriber's use of the Credit Header and Subscriber's failure to comply with the restrictions contained in this Agreement or imposed by the state, and DCS makes no representation or warranty to the use, result, or accuracy of data obtained from the Credit Header database. 5.1 Reservation of Right to Amend. DCS reserves the right to amend this Agreement at any time in order to insure compliance with all applicable federal and state laws, codes, ordinances, rules and regulations, and Subscriber agrees to comply with such amendments. This Agreement is dated and executed on July 17 , 2001. SUBSCRIBER By Print Name Alvin . Jones Title County Judge Enter Subscriber's Account Number with DCS ZA ZZ Enter Subscriber's Business Telephone Number 979/361-4102 (Fax this completed form to DCS at 972-422-3621) 2 a 3 r+• I .L~r~fi ~ v+ 1 11 \ ViQ~ 1-~5-12~-~SZq-0oo