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HomeMy WebLinkAbout2003-07-15-6:30PM-RegularBRAZOS.COUNTY 1003 JUL I I A 8: py PRYAN. TEXAS t JZ .:UI Y CLERK NO TICE OF MEETING ur - AND AGENDA 40t I BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON 15 JULY 2003 AT 6:30 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard 2. Call for citizen's input and/or concerns Consider and take action on agenda items 3-26 3. Budget Amendment 02/03-34.1 4. Payment of Claims 5. Personnel Change of Status 6. Approval of the Subrecipient Agreement and Statement of Work for Emergency Management's State Homeland Grant award. 7. Introduction of Ms. Stephanie R. Johnson, the Texas Cooperative Extension's candidate for the vacant County Extension Agent for Urban Youth Development. 8. Approval of service agreement with the Department of Information Resources, Telecommunications Services Division. 9. Request by Information Technology to replace a printer in the Tax Assessor's office. The existing printer is unreliable and parts are no longer available. Approximate cost: $1,300. 10. Request by Information Technology for out-of-state travel for two employees to attend a programming and administration class at Zortec International in Nashville, TN on August 4-8, 2003. Approximate cost: $4290. 11. Request by Information Technology for approval of funding in the amount of $47,699 for a Constable Package to be provided by The Software Group as recommended by the Justice Steering Committee. VOL Lko PAGE ` tXr Commissioners Court Agenda 15 July 2003 Page 2 12. U, relocating the polling place for election precincts 2abc/82 from the Welibom Commuti ty Center to the Wellborn Special Utility District. Both facilities are located on Greens Prairie R;;d in College Station, Texas. 13. Request by Purchasing to advertise for the following: Bid #2003-039 - cleaning supplies (Jail) Bid #2003-040 - Jail commissary (Jail) Bid #2003-041 - Online and Live Auction (Purchasing) Bid #2003-042 - Oil changes (Purchasing) 14. Approval of Updating the Inter-local Agreements with the City of Bryan 15. Approval of Requisition to purchase hand held radios for Juvenile. 16. Approval of Blanket Purchase Order to Quick Delivery for $2,000 (District Clerk). 17. Review of Tax Refund Applications. 18. Approval of the FY 04 Title IV-E Legal Services Contract Renewal, Contract No. 2003074030. 19. Request by Road & Bridge to enter Jerry Priddy's property located off Wheelock Road for the purpose of extending the wing wall of the new bridge structure on Wheelock Hall Road. Site is located in Precinct 2. 20. Request by Road & Bridge to enter Charles Harter's property located off Wheelock Hall Road for the purpose of extending the wing wall of the new bridge structure on Wheelock Hall Road. Site is located in Precinct 2. 21. Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Old Reliance Road. Site is located in Precinct 2. 22. Request from Verizon to construct a road bore and buried cable installations in the right of way of Harris Lane beginning at the intersection with FM 2776 and extending for distance of 1,282 feet. Site is located in Precinct 2. 23. Request from ExxonMobil Pipeline Company to repair, in place, an existing 12 inch steel pipeline in the right of Sulphur Springs Road. Site is located in Precinct 3. 24. Request from Wickson Creek Special Utility District to construct (2) road bores for water line installations in the rights of way of Rustic Oaks Drive (at Grassbur Road) and Twin Creek Circle (at Rustic Oaks Drive). Site is located in Precinct 2. 25. Request from Road & Bridge to consider and take action on the Final Plat of Fox Hollow, a subdivision of 6.885 acres, Tract 17 Peach Creek Estates (unrecorded), S. D. Smith Survey, A-210, Brazos County, Texas. Site is located in Precinct 1. 26. Acceptance of Warranty Deed from. Stephen Jay Larkin and wife Rebecca Ann Larkin for improvements to proposed I&GN Road located in Precinct 1. VOLLU, PAGE 57 Commissioners Court Agenda 15 July 2003 Page 3 27. Report on Delinquent Property Tax Collections for the period of 1 April 200 1 through 10 June 2003 by McCreary, Veselka, Bragg & Allen, P.C. 28. Acknowledgement of additional monthly reports for June 2003. These are available for review in the Coun iy Judge's office. 29. Announcement of interest items and possible future agenda topics. 30. Agency / Board / Committee reports by Court members. 31. Call for citizen input and/or concerns. 32. Adjourn. The Brazos Center is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL PAGE COMMISSIONERS' COURT REGULAR MEETING JULY 15, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held at the Brazos Center in Bryan, Brazos County, Texas, beginning at 6:30 a.m. on Tuesday, July 15, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; 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 Mallard gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns The Court next considered Budget Amendment #02/03-34.1, which would transfer funds from Contingency to the Tax Assessor-Collector and the county Attorney. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: VOL PAGE VOL 4 PAGE Commissioners Court meeting July 15, 2003 2 20043779 through 20043951 On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes with the exception of James K. Ingram that was pulled from the list at the request of the Jail Administrator. The Court next considered approval of the Sub-recipient Agreement and Statement of Work for Emergency Management's State Homeland grant award. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the Sub-recipient Agreement and Statement of Work. A copy is attached. The next matter before the Court was the introduction of Ms, Stephanie R. Johnson, the Texas Cooperative Extension's candidate for the vacant County Extension Agent for Urban Youth Development. Doctor Dale Fritz, announced that Ms. Johnson was unable to attend the meeting but will be introduced to the Court at a later time. On motion by the VOL 4 PAGE ~a Commissioners' Court meeting July 15, 2003 3 County Judge, seconded by Commissioners Jones, Peters, Mallard and Cauley, the Court voted unanimously to approve Ms. Stephanie R. Johnson for the vacant County Extension Agent for Urban Youth Development. Dr. Frtiz also informed the Court that Extension Agent C. Jack Hunter will be retiring as of August 1, 2003. The County Judge expressed his gratitude to Jack for his service to the County. The Court next considered approval of Service Agreement with the Department of Information Resources Telecommunications Services Division. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the Service Agreement for connectivity to the TEX-AN networks for specific communications services. A copy is attached. The Court next considered a request from the information Technology Department to replace a printer in the Tax Assessor's office. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the replacement at a cost of $1,300.00. The next matter for consideration by the Court was a request submitted by the Information Technology Department seeking approval for out of state travel for two employees to attend a System Z programming and administration class at VOL 4h PAGE Lr I Commissioners' Court meeting July 15, 2003 4 Zortec International in Nashville, Tennessee on August 4-8, 2003. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Director of the Information Technology Department and approved payment of out of state travel expense for two employees. The next matter for consideration was a request from the Information Technology Department to approve funding in the amount of $47,699 for a Constable Package to be provided by The Software Group. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the funding from unused Judicial Software Project Funds. The Court next considered an Order Relocating Polling Place for Election Precinct 2abc/82 from the Wellborn Community Center to the Wellborn Special Utility District. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to adopt an Order Relocating Polling Place for Election Precinct 2abc/82. A copy of the Order is attached. The next matter for consideration was approval for the Purchasing Agent to advertise for the following bids: a. Bid # 2003-039, Cleaning Supplies for the Jail b. Bid #2003-040, Jail Commissary VOL q-tr PAGE (p) Commissioners' Court meeting July 15, 2003 5 c. Bid #2003-041, Online and live Auction d. Bid #2003-042, Oil Changes On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids. The next matter for consideration was the updating of the Inter-local Agreements with the City of Bryan. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to amend and expand the authority of the Purchasing Agents to jointly prepare proposals, requests for qualifications and other procurement activity for the purchase of services, insurance, high technology, professional services and expenditures that may be exempt from competitive bidding/proposals. The Court next considered approval of a requisition to purchase hand held radios for Juvenile Services. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the requisition in the amount of $4,541.00. The Court proceeded to consider the following blanket Purchase Orders: Quick Delivery District Clerk $2,000 On motion by Commissioner Cauley, seconded by Commissioner VOL L_~( PAGE ( 3 Commissioners' Court meeting July 15, 2005 6 Peters, the Court voted unanimously to approve the Blanket Purchase Order as submitted. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: Eli Tyler III Heekyung Kim Rudolfo Lopez T.C. Clay III On motion by the Cauley, the Court Over Payment Duplicate Over Payment Over Payment County Judge, voted unanim< $ 5.37 $3,897.38 $ 35.95 $ 44.92 seconded by Commissioner >usly to refund the above reference amounts in county taxes. The next matter for consideration was approval of the FY 04 Title IV-E Legal Services Contract Renewal, Contract Number 2003074030 with the Texas Department of Protective and Regulatory Services. The purpose of the plan change is to incorporate the Title IV-E legal Services Cost Allocation Plan and Budget for FY 04. The term of the contract is from September 1, 2003 through August 31, 2004. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract. A copy is attached. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested VOL 4Cp PAGE Commissioners' Court meeting July 15, 2003 7 permission to enter the private property of Jerry Priddy on Wheelock Hall Road in Precinct 2 to extend the wing wall of the new bridge structure on Wheelock Hall Road. The County will construct new fencing to water gap in creek and seed and fertilize to control erosion. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Charles Harter on Wheelock Hall Road in Precinct 2 to extend the wing wall of the new bridge structure on Wheelock Hall Road. The County will construct new fencing to water gap in creek and seed and fertilize to control erosion. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to authorize the work. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for waterline installation in the right-of-way of Old Reliance Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by VOL _ PAGE b5 Commissioners' Court meeting July 15, 2005 8 Commissioner Mallard, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Verizon to construct a road bore for cable installation in the right-of- way of Harris Lane beginning at its intersection with FM 2776 and extending for a distance of 1,282 feet. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request by Verizon and authorized the installation A copy of the request is attached hereto. The next matter for consideration was a request from ExxonMobil Pipeline Company to repair, in place, an existing 12 inch steel pipeline in the right-of-way of Sulphur Springs Road in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from ExxonMobil and authorized the installation. A copy of the request is attached hereto. VOL 4Cv PAGE Commissioners' Court meeting July 15, 2003 9 The Court next considered the request from Wickson Creek Special Utility District to construct two road bores for waterline installation in the rights-of-way of Rustic Oaks Drive at Grassbur Road and Twin Creek Circle at Rustic Oaks Drive. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of Fox Hollow a Subdivision of 6.885 Acres, Tract 17 Peach Creek Estates (unrecorded) in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and recommended approval. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the final plat of Fox Hollow a Subdivision of 6.885 Acres, Tract 17 Peach Creek Estates (unrecorded) as submitted. The Court next considered acceptance of a Warranty Deed for right-of-way on I&GN Road in Precinct 1. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to accept on VOLE PAGE (0-7 Commissioners' Court meeting July 15, 2003 10 behalf of Brazos County a Warranty Deed from Stephen Jay Larkin and wife Rebecca Ann Larkin for the expansion and improvements to I&CN Road. The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Alen, P.C. Attorneys at Law. The Court acknowledged receipt of additional monthly reports for June 2003 from the following offices: District Clerk Constable Precinct 3 Sheriff Brazos Center Justice of the Peace, Precinct 4 A copy of the Officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Said that the Post Legislative Review will be in Austin on August 13-15, 2003. Under Agency/Board/Committee reports by Court members, the following spoke: County Judge a) He meet with John Happ, Mayor Ron Silvia, and Ernie Wentrcek on the airport issue. Continental West is VOLE PAGE l 9 The foregoing minutes of the Commissioners Court meeting held July 15, 2003 have been examined and are approved in oper Court this the day of 2003, in Bryan, 14 Brazos County, Texas. Randy S County, Tony ,!,,Precinct 1 Duane Peters Commissioner, Precinct 2 rey C ley, Jr. Commiss oner, Precinc 4 Attest: f~a~len McQueen County Clerk Kenny Mall r Commissione Precinct A3 VOL 4PAGE 9CI /I L BRAZOS COUNTY COMMISSIONERS COURT MEETING ON~G i - 200 3 AT G.3o~.N NAME nRrANr7ATYnwrmcn /Ilk C m~v A A t CS c:b VR Ll PAGE II I1 7°- BRAZOS COUNTY COMMISSIONERS COURT MEETING ON- 200 3 AT 6:30 VOL-LLPAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR NO. 02/03-34.1 On this the 15" day of July 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on July 15, 2003 the Court heard and approved a budget amendment for the 2002- 2003 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted August 23, 2002 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 15`h day of July, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL q4 PAGE 15 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-34.1 7nannnz FD 01 01 DIV 130001 180001 ACCT 676700 676700 PROJ DR/CR Dr. Dr. _ ACCOUNT NAME Printers Printers Increase $ 1,250.00 350.00 Decrease 01 110015 611300 Cr. Contin enc 1,600.00 Tax Assessor-Collector Count Attorney To setu bud et for the r lacement of rinters as approved in Commissioners court 7/8/03. 1,600.00 1,600.00 PERSONNEL CHANGE OF STATUS COURT DATE: July 15, 2003 DEPARTMENT: Personnel PURPOSE: AR~Uje Personnel Change of Status ..Room... N&UN.. DEPARTMENT ~~~~~~`E~E ~~~~O - w e NAME . NOUN . EMP E OY NAME... I M Wit: T SON REQUESTED I INFORMATION KUTIPER, ANTHONY REMOVE MERIT TECHNOLOGY SHERIFF'S OFFICE/JAIL HURT, SHANNA R. NEW HIRE - FULL TIME PRESTON, MARY K. NEW HIRE - FULL TIME JUVENILE SERVICES RAMIREZ, JR., TOMMY GONZALES,ANNJANETTE ALLEN, YOLANDA PRICE, KAREN PROVAZEF, MATTHEW RESIGNATION RESIGNATION RESIGNATION RESIGNATION TRANSFER WITHIN DEPT. Approved in Commissioners' Court: July 15, 2003 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL Z PAGE ~f 5 Agreement No.48041 TEXAS ENGINEERING EXTENSION SERVICE - TEEX SUBRECIPIENT AGREEMENT State Homeland Security Grant Program THIS AGREEMENT, by and between Brazos County (hereinafter called "Subrecipient"), located at 300 East 26th Street Bryan, TX 77803, and the Texas Engineering Extension Service (hereinafter called 'TEEX"), established under the laws of the State of Texas as a state agency component of the Texas A&M University System, located at 301 Tarrow, College Station, Texas, 77840-7896, WHEREAS, TEEX has been awarded a grant entitled "State Homeland Security Grant Program" from the U.S. Department of Homeland Security, Office of Domestic Preparedness, and TEEX desires that Subrecipient perform certain project tasks, all as herein provided, involving the procurement and management of equipment; WHEREAS, Subrecipient has agreed to do so under the terms and conditions hereinafter set forth; NOW THEREFORE, the parties hereto mutually covenant and agree as follows: SECTION 1 - PARTIES TO AGREEMENT TEEX and Subrecipient have severally and collectively made and entered into this Agreement which, together with the documents attached or incorporated by specific reference, constitutes the entire Agreement between the parties. SECTION 2 - AGREEMENT PERIOD AND AMOUNT 2.1 The period for performance of this Agreement shall begin on July 1, 2003 and shall terminate March 31, 2005, as further specified in the Statement of Work attached to and made a part hereof. 2.2 The total budget amount to be expended by Subrecipient for this Agreement shall not exceed $103,704.00. 2.3 Subrecipient shall abide by all special conditions and requirements contained in the attached statement of work. VOL'/~ PAGE -)lr Agreement No.48041 SECTION 3 - LEGAL AUTHORITY 3.1 The Subrecipient represents and guarantees that it possesses the legal authority to enter into this Agreement, receive funds authorized by this Agreement, and conduct the Statement of Work. 3.2 The person signing this Agreement on behalf of Subrecipient hereby warrants that he/she has been fully authorized by Subrecipient to execute this Agreement on behalf of Subrecipient and to legally bind Subrecipient to all the terms, performances and provisions herein set forth. SECTION 4 - RELATIONSHIP OF THE PARTIES The relationship of the parties is that of independent contractors, and not as agents of each other or as joint venturers or partners. SECTION 5 - AGREEMENT PERFORMANCE The Subrecipient shall provide the services specified in its attached Statement of Work, and the terms and conditions imposed and required by this Agreement. SECTION 6 - AGREEMENT OBLIGATIONS 6.1 Measure of Liability In consideration of Subrecipient's full and satisfactory performance of the services specified in the attached Statement of Work, TEEX shall be liable to the Subrecipient in an amount equal to the actual allowable costs incurred by the Subrecipient in rendering such performance, subject to the following limitations: 6.1.1 TEEX shall not be liable for expenditures made in violation of the legal authorities cited in Section 8, Compliance with the Law, of this Agreement, or any other law or regulation applicable to the specific project or service performed under this Agreement. 6.1.2 Except as otherwise provided by this Agreement, TEEX shall be liable to Subrecipient in an amount equal to the actual allowable costs incurred by Subrecipient in rendering required performance as represented in Section 5, Agreement Performance. 6.1.3 Except as otherwise specifically authorized by TEEX in writing, TEEX shall only be liable for expenditures made in compliance with the cost principles 2 VOL Wt PACE 7~ Agreement No.48041 and administrative requirements set forth and referenced in this Agreement. 6.1.4 TEEX shall not be liable to Subrecipient for costs incurred or performances rendered by Subrecipient before commencement of the Agreement or after completion of this Agreement. 6.1.5 TEEX shall not be liable for any costs incurred by Subrecipient in the performance of this Agreement which have not been billed to TEEX within sixty (60) days following termination of this Agreement 6.2 Reimbursement Procedures TEEX will reimburse Subrecipient for no more than the actual cost of the Statement of Work for which Subrecipient seeks payment. 6.3 Purchase of Equipment Subrecipient may purchase specialized equipment under this Agreement as specified in the Statement of Work. SECTION 7 - FISCAL ADMINISTRATION 7.1 Availability of Funds Notwithstanding any other Agreement provisions, the parties hereto understand and agree that TEEX's obligations under this Agreement are contingent upon the availability of adequate funds to meet TEEX's liabilities hereunder. 7.2 Limitation on Liability 7.2.1 The Subrecipient understands and agrees that it shall be liable to repay to TEEX any funds not expended in accordance with this Agreement or determined to be expended in violation of the terms of this Agreement. 7.2.2 TEEX will pay costs properly incurred by the Subrecipient for performances rendered under this Agreement in the amount specified in Section 2.2, or any mutual amendments hereto. 7.2.3 TEEX shall not be liable to the Subrecipient for costs under this Agreement which exceed the amount specified in Section 2.2. VOL '/l PAGE V Agreement No.48041 7.2.4 TEEX may deobligate awarded funds after consultation with the Subrecipient and upon determination by TEEX that funds will not be spent in accordance with the Agreement or will not be spent in a timely manner. SECTION 8 - COMPLIANCE WITH THE LAW 8.1 As a condition to award of monies under this Agreement, Subrecipient assures, with respect to the operation of a federally funded program or activity, that it will comply fully with the non-discrimination and equal opportunity provisions of the following laws to the extent applicable: (a) Title VI of the Civil Rights Act of 1964, as amended; (b) Section 504 of the Rehabilitation Act of 1973, as amended; (c) the Age Discrimination Act of 1975, as amended; (d) Title IX of the Education Amendments of 1972, as amended; (e) Americans with Disabilities Act of 1990; and (f) any other statutory provisions relating to non-discrimination. 8.2 In the performance of this Agreement, Subrecipient shall comply with the following Office of Management and Budget (OMB) Circulars applicable to its organization, institution or agency: • Administrative Requirements (A-102 and A-110); • Cost Principles (A-21, A-87 and 122); and • Audit Guidance (A-133). The parties agree to be bound by all terms of this Agreement and all applicable state and federal statutes and regulations, and all provisions contained therein, including the Office of Justice Programs "Financial Guide" located at: hftp://www.omp.usdoo.gov/FinGuide/ SECTION 9 - REPORTING REQUIREMENTS 9.1 The Subrecipient agrees to provide to TEEX, in accordance with procedures and time frames prescribed by TEEX, any technical or program reports, data, and information on the operation and performance of this Agreement deemed necessary by TEEX or as required by the Statement of Work reporting schedule. 9.2 If Subrecipient fails to submit to TEEX in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, TEEX may withhold payments otherwise due and owing Subrecipient. If TEEX withholds such payments, it shall notify Subrecipient in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by TEEX until such time as the delinquent obligations for which funds are withheld are fulfilled by Subrecipient. 4 VOL PAGE')") Agreement No.48041 SECTION 10 - RETENTION AND ACCESSIBILTY OF RECORDS 10.1 Subrecipient shall maintain all records, financial management records and supporting documentation for all expenditures of funds made under this Agreement, in compliance with all retention and custodial requirements for records referenced in this Agreement. 10.2 Subrecipient shall retain all fiscal records and supporting documents for a minimum of three (3) years after final Agreement closeout. In the event there is litigation or an unresolved audit discrepancy at the end of such retention period, the records will be retained until the litigation or discrepancy is resolved. 10.3 Subrecipient shall provide state or federal auditing agencies, TEEX, or any of their duly authorized representatives, access to and the right to examine, copy, or reproduce all reports and records pertaining to this Agreement. Such rights to access shall continue as long as the records are retained by the Subrecipient. 10.4 TEEX shall have the right of timely and reasonable access to Subrecipient and Subrecipient premises and personnel for the purpose of inspection, monitoring, auditing, evaluation, or interview, related to all records required to be retained under this Section. SECTION 11 -CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement or Statement of Work shall be by modification hereto in writing and executed by both parties to this Agreement before the changes to the Agreement are implemented. SECTION 12 - SEVERABILITY If a provision contained in this Agreement is held to be invalid, illegal, or unenforceable for any reason, it shall not affect any other provision of the Agreement. It is the intent of the parties that if any provision is held to be invalid, illegal or unenforceable, there shall be added in lieu thereof a valid and enforceable provision as similar in terms to such provision as is possible. SECTION 13 - AUDITS OR EVALUATIONS 13.1 TEEX reserves the right to conduct or cause to be conducted an independent audit of all funds received under this Agreement, which may be performed by government audit staff, a certified public accounting firm, or other auditors as designated by TEEX. Subrecipient shall cooperate with all authorized auditors 5 VOt._J,L( PAGE ejoD Agreement No.48041 and shall make available all accounting and project records including supporting source documentation. Such audit will be conducted in accordance with applicable state and federal rules and regulations, Agreement guidelines, and established professional standards and practices. 13.2 Subrecipient shall be liable to TEEX for any costs disallowed as a result of an audit. Subrecipient shall further be responsible for any audit exception or other payment deficiency in the project covered by the Agreement, and all subcontracts hereunder, which are found to exist after monitoring, review, or auditing by any party as authorized or required by TEEX. 13.3 Subrecipient, or the auditors that monitor or audit the Subrecipient, shall immediately report to TEEX any incidents of fraud, abuse or potentially criminal activity in relation to the provisions of this Agreement. SECTION 14 - MONITORING AND TECHNICAL ASSISTANCE 14.1 TEEX, or its designee, retains the right to monitor, examine and audit all records, documents and activities related to projects funded by this Agreement, and to perform such project evaluation studies that TEEX deems necessary to determine the adequacy of the services performed. 14.2 TEEX will notify the Subrecipient in writing of any deficiencies noted during such review, and may withhold payments as appropriate based upon such review. TEEX will provide technical assistance to the Subrecipient to correct the deficiencies noted. TEEX may conduct follow-up visits to review the previous deficiencies and to assess the efforts made to correct them. If such deficiencies persist, TEEX may terminate this Agreement effective immediately and/or apply sanctions pursuant to Section 19 of this Agreement, or take such other action as it deems appropriate. SECTION 15 - PREVENTION OF CONFLICTING INTERESTS The Subrecipient, by signing this Agreement, covenants and affirms that: 15.1 No employee of the Subrecipient or a Subrecipient, no member of the Subrecipient's or a Subrecipient's governing body, and no person who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to this Agreement which affect his or her personal pecuniary interest. 15.2 The Subrecipient shall take every reasonable course of action to maintain the integrity of this expenditure of public funds and to avoid favoritism and 6 VOL 1/(~ PAGE Agreement No.48041 questionable or improper conduct. This Agreement shall be administered in an impartial manner, free from efforts to gain personal, financial or political benefit, tangible or intangible. The Subrecipient, its executive staff and employees, while administering this Agreement, shall avoid situations which could give the appearance that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 15.3 Subrecipient shall immediately inform TEEX in writing of any potential conflict of interest which arises at any time during the term of this Agreement. 15.4 If Subrecipient fails to abide by the foregoing covenants and affirmations regarding conflict of interest, the Subrecipient shall not be entitled to recover any costs or expenses incurred in relation to this Agreement and shall immediately refund to TEEX any fees or expenses that may have been paid under this Agreement, and shall further be liable for any other costs incurred or damages sustained by TEEX relating to this Agreement. Such failure may subject Subrecipient to sanctions as provided in Section 19 of this Agreement SECTION 16 - FORCE MAJEURE In the event that performance by either party of any of its obligations under the terms of this Agreement shall be interrupted or delayed by an act of God, by acts of war, riot, or civil commotion, by any act of government, by strikes, fire, flood, or by the occurrence of any other event beyond the control of the parties hereto, that party shall be excused from such performance for such period of time as is reasonably necessary after such occurrence abates for the effects thereof to have dissipated. SECTION 17 - NON-ASSIGNMENT This Agreement is not assignable. Notwithstanding any attempt to assign the Agreement, the Subrecipient shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants and conditions of this Agreement. The Subrecipient shall be held responsible for all funds received under this Agreement. SECTION 18 - TERMINATION OF AGREEMENT 18.1 This Agreement may be terminated, in whole or in part, whenever TEEX determines that such termination is in the best interest of the project, such termination to be effective upon the Subrecipient's receipt of written notification of termination from TEEX. In the event of such termination, the Subrecipient shall be entitled to compensation under this Agreement for allowable expenditures up to the termination date. 7 VOL 24 PAGE ~ Agreement No.48041 18.2 When justified, TEEX may terminate this Agreement for cause, whereupon all compensation to the Subrecipient shall cease pending completion of any final report and any closing audit required by TEEX. 18.3 If the Subrecipient fails to perform in accordance with the provisions of this Agreement or the attached Statement of Work, TEEX may terminate this Agreement after issuing written notice of default to the Subrecipient and allowing the Subrecipient thirty (30) days following the issuance of such notice in which to correct the deficiency to the satisfaction of TEEX. Such termination shall not be an exclusive remedy but shall be in addition to any other rights, sanctions and remedies provided by law or under this Agreement. 18.4 Notwithstanding TEEX's exercise of its right of early termination, the Subrecipient shall not be relieved of any liability for damages due to TEEX. TEEX may withhold payment to the Subrecipient on this or any other Agreement until such time as the exact amount of damages due to TEEX from the Subrecipient is agreed upon or is otherwise determined by TEEX. 18.5 If Federal funds are not available, or in the event that State laws or regulations should be amended or judicially interpreted to render continued fulfillment of this Agreement by either party substantially unreasonable or impossible, or if the parties are unable to agree on an amendment to enable the substantial continuation of performance under this Agreement, then the parties shall be discharged from any further obligations under this Agreement, except for the equitable settlement of the respective accrued interests or obligations incurred up to the effective date of termination. 18.6 The Subrecipient shall cease to incur costs under this Agreement upon termination or receipt of written notice to terminate, whichever occurs first. SECTION 19 - SANCTIONS OR REMEDIAL MEASURES 19.1 If Subrecipient materially fails to comply with the terms and conditions of this Agreement, TEEX shall notify the Subrecipient in writing describing performance that is not in compliance with the terms and conditions of this Agreement. The Subrecipient shall attend a meeting with TEEX to discuss the non-compliance and necessary corrective actions to ensure performance will be in compliance. 19.2 If TEEX and Subrecipient cannot agree on corrective actions, TEEX may take one or more of the following actions, as appropriate: 8 VOL L{(~ PAGE Agreement No.48041 19.2.1 Temporarily withhold cash payments pending correction of the deficiency by Subrecipient; 19.2.2 Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 19.2.3 Wholly or partially suspend or terminate the current award; 19.2.4 Exercise any other available remedies. SECTION 20 - Sectarian Activity None of the activities or performances rendered under this Agreement shall involve, and no portion of the funds received by Subrecipient shall be used for any sectarian or religious activity. SECTION 21 - Political Activity None of the activities or performances rendered hereunder by the Subrecipient shall involve and no portion of the funds received by the Subrecipient shall be used for any political activity, including but not limited to any activity to further the election or defeat of any candidate for public office, or any activity undertaken to influence the passage, defeat, or final contents of legislation. SECTION 22 - Rights in Data, Copyrights and Publication TEEX will be free to publish the results of all work done under this Agreement. Ownership of all data produced under this Agreement will remain with TEEX. Title to and the right to determine the disposition of any copyrights, or copyrightable material, first produced or composed in the performance of this Agreement shall remain with TEEX, provided that TEEX shall grant to Subrecipient an irrevocable, royalty-free, non- exclusive license to reproduce, modify, and use all such data and copyrightable material for its own use, but not for any commercial purpose. SECTION 23 - Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of Texas. 9 VGL_!4 PAGE__9 Agreement No.48041 SECTION 24 - Dispute Resolution The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described herein, by TEEX and the Subrecipient to attempt to resolve any claim for breach of contract made by the Subrecipient: A. A Subrecipient's claim for breach of this Agreement that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the process, the Subrecipient shall submit written notice, as required by subchapter B, to Arturo Alonzo, TEEX Deputy Director. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of TEEX and the Subrecipient otherwise entitled to notice under the parties' Agreement. Compliance by the Subrecipient with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. B. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the Subrecipient's sole and exclusive process for seeking a remedy for any and all alleged breaches of the Agreement by TEEX if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph. C. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this Agreement by TEEX nor any other conduct of any representative of TEEX relating to the Agreement shall be considered a waiver of sovereign immunity to suit. D. The submission, processing and resolution of the Subrecipient's claim is governed by the published rules adopted by the Office of Attorney General of Texas pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. These rules are found at 1 T.A.C. Chapter 68. E. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the Subrecipient, in whole or in part. F. The designated individual responsible on behalf of TEEX for examining any claim or counterclaim and conducting any negotiations related thereto as required under §2260.052 of H.B. 826 of the 76th Texas Legislature shall be Arturo Alonzo, TEEX Deputy Director. Subrecipient hereby acknowledges that it has read and understands this entire Agreement. All oral or written Agreements between the parties hereto relating to the subject matter of this Agreement that were made prior to the execution of this Agreement have been reduced to writing and are contained herein. Subrecipient agrees to abide by all terms and conditions specified herein and certifies that the 10 "lOl. LI~r PArF ~ Agreement No.48041 information provided to TEEX is true and correct in all respects to the best of its knowledge and belief. This Agreement is entered into by and between the following parties: TEEX: Texas Engineering Extension Service 301 Tarrow - TEEX College Station, TX 77840-7896 Contact Person: Charles Todd, Director of Emergency Preparedness TEL: 979.458.6815 FAX: 979.458.6927 Kgnrdy ~ /mss 3o0- Co act erson: TEL:9 36/ /~/Oa APPROVED: Texas Engineering Extension Service Subrec' 'ent he A6~~ Signature Si nature Dr. Arturo Alonzo, Jr. Typed or Printed Name T Printed Name Deputy Director Title Title Date Signed Date Signed S 37167167164025 TX Vendor IDNIN TX Vendor lDNIN 11 Agreement No.48041 . e. w 12 VOL ~{!r PAGE e3l Agreement No.48041 Statement of Work Overview This overview provides the process and timeline that will be followed during the administration of the 2002, 2003, and 2003 If State Homeland Security Grant Program Grant. The grant award to Brazos County is funded from the Fiscal Year 2003 State Homeland Security Grant Program Program. Items procured under the grant must meet the criteria of the 2003 Authorized Equipment List (Attachment 1). Grant Award Total Grant Award $103,704.00 Base Grant Award Regional Allocation from COG COG Requirements $52,166.00 $51,538.00 $51,537.73 must be used to purchase interoperable communications equipment. 13 VOL4Y, PAGE U Agreement No.48041 Timeline June 20, 2003 Grant Award Letters mailed by TEEX to senior elected officials. June 25, 2003 Every Wednesday the shipping address and POC information that has been collected on the TEXASDPA site (www.texasdpa.com)will be forwarded to the Prime Vendor Site (www.fishersci.com). Jurisdictions cannot begin list building until their shipping address and receiving agent information has been processed by the Prime Vendor which takes 48 hours. June 27, 2003 SUBRECIPIENT AGREEMENT will be mailed by TEEX to the jurisdictions. All jurisdictions must sign and return their SUBRECIPIENT AGREEMENT to TEEX by July 31. Address: Director of Domestic Preparedness John B. Connally Building 301 Tarrow-TEEX College Station, TX 77840-7896 June 30, 2003 The Prime Vendor and TXDPA Site will be open to all jurisdictions. July 11, 2003 Every Friday completed equipment list will be submitted to ODP for approval. All jurisdictions must complete their lists by August 30. October 31, 2003 Target date for jurisdictions to have all equipment on order. November 30, 2003 Progress Report due from jurisdiction covering 6 months. May 31, 2004 Progress Report due from jurisdiction covering 6 months. November 30, 2004 Progress Report due from jurisdiction covering 6 months. May 31, 2005 Progress Report due from jurisdiction covering 6 months. July 31, 2004 All purchasing from FY 2002 grants must be completed. March 31, 2005 All purchasing from FY 2003 grants must be completed. April 30, 2005 All purchasing from FY 2003 II grants must be completed. 14 VOLgPAGE 9"/ Agreement No.48041 Soon after June 20, 2003 the senior elected official of each jurisdiction receiving a grant will receive a letter announcing the total grant amount along with the amount of the total for local needs and the amount of the total for regional improvement. A subrecipient award agreement will be sent to the jurisdiction's point of contact. Thirty days after receipt of the award letter the jurisdiction will be expected to return a signed copy of the SUBRECIPIENT AGREEMENT to TEEX. Starting on June 30 those jurisdictions that have inputted their shipping address on the TEXASDPA site will be allowed to begin building the jurisdiction's equipment lists on the TEXASDPA and the Prime Vendor Websites. An equipment list, approved by the COG and by the Office for Domestic Preparedness is a requirement to begin drawdown of grant funds. Step 1: Building an Equipment List All jurisdictions will create the proposed equipment purchase list for Council of Governments and Office for Domestic Preparedness (ODP) approval on-line. The use of the on-line sites for creating the proposed list does not obligate the jurisdiction to a specific method of procurement. Jurisdictions retain the choice of purchasing methods they will use to procure the equipment after ODP approves the list. Two websites for list building - both will be used to create a list: Vehicles, pharmaceuticals, physical security equipment, and specialized items, Houston Galveston Area Council of Governments Cooperative Purchasing Program items will be selected at www.texasdaa,com. All other equipment will be selected at the Prime vendor site; www.fishersci.com List Building 1. Select items on the TEXASDPA Site 2. Indicate on the TEXASDPA Site that list is finished 3. Select items on the Prime Vendor Site 4. Indicate on the Prime Vendor Site that list is finished 5. Completed lists are merged on the TEXASDPA Site Completed list will show all equipment and quantity by discipline (fire, law enforcement, EMS, etc.) 15 VOLLI& PAGE q0 Agreement No.48041 Step 4: The purchasing process Jurisdictions can only purchase equipment from one source at a time. Jurisdictions using multiple purchasing options must follow the sequence below: 18. Non Prime Vendor items, to include all vehicles and other items with an individual cost of over $25,000 must be purchased first. If a Jurisdiction is planning on purchasing Non Prime Vendor items that cost over $25,000 from both H-GAC and Local Purchase, they must purchase the H-GAC item first. 19. Inform TEEX that purchasing of Non Prime Vendor items through H-GAC is complete. TEEX will then "freeze" the jurisdiction's H-GAC Account (as related to this grant) 20. Inform TEEX that local procurement of equipment with an item cost of over $25,000 is complete. TEEX will then activate the Prime Vendor Account for the jurisdiction. 21. Complete ordering of equipment at the Prime Vendor Site 22. Inform TEEX that prime vendor ordering is complete. TEEX will then "freeze" the jurisdiction's Prime Vendor Account. 23. Complete ordering of items with a unit cost of less than $25,000 that were not available through the Prime Vendor Program from local purchase or H-GAC. Grant Guidelines Each jurisdiction will follow the stated guidelines to ensure the accurate and prompt purchase, receipt, payment and management of their equipment. These guidelines will ensure proper equipment accountability. Guidelines are set forth to ensure proper controls are in place for each jurisdiction. Jurisdictions must provide a shipping address and designate a receiving point of contact to be entered on www.texasdpa.com website. The jurisdiction, according to its own policies and procedures, will be responsible for purchasing, receipt and inventory of equipment purchased using State Homeland Security Grant funding. The jurisdiction will be responsible for overseeing the equipment grant process for each purchasing option. The jurisdiction point of contact will also be responsible for inventory of property, providing required reports, and monitoring of the sub-grant. 17 VOL '1' , PAGE `T-A Agreement No.48041 Purchasing Options There are three purchasing options available to each jurisdiction. Jurisdictions may use any single option, or any combination of options. These three purchasing options are explained in further detail in Attachments A, B, and C 24. Local Purchasing Option, • Equipment procured in accordance with jurisdiction's existing purchasing requirements. • Reimbursement upon submission of paid voucher to the Texas Engineering Extension Service (TEEX) 25. Prime Vendor Program through the Defense Logistics Agency (DLA) • Defense Logistics Agency bills TEEX - Jurisdiction is not required to pay vendor and then apply for reimbursement Jurisdiction provides shipping receipt copies to verify receipt of equipment to TEEX 26. Houston Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program. • H-GAC bills TEEX - Jurisdiction is not required to pay vendor and then apply for reimbursement • Jurisdiction provides shipping receipt copies to verify receipt of equipment to TEEX Order of procurement Jurisdictions that intend to only use the local purchase option should purchase vehicles and items over $25,000 before purchasing the remainder of grant-funded equipment. Jurisdictions utilizing multiple purchasing options must procure equipment in the following order: • Non Prime Vendor items including all vehicles or items with a unit cost over $25,000 from H-GAC 18 VOL LI& PAGE V Agreement No.48041 • Jurisdiction notifies TEEX when H-GAC procurement is complete. TEEX "freezes" jurisdiction's H-GAC account (as related to this grant). • Non Prime Vendor items including all vehicles or items with a unit cost of over $25,000 using the local purchase option • Jurisdiction notifies TEEX when this phase of local purchase is complete. TEEX then activates the jurisdiction's prime vendor account for purchases. • All Prime Vendor items regardless of unit cost • Jurisdiction notifies TEEX when all Prime Vendor items are ordered. TEEX then "freezes" the jurisdiction's prime vendor account and reopens the H-GAC account. • H-GAC items other than vehicles with a unit cost under $25,000 • Jurisdiction notifies TEEX that all H-GAC items are ordered. TEEX freezes jurisdiction's H-GAC account and authorizes jurisdiction to complete procurement using the local purchase option. • Use the local purchase option to procure equipment with a unit cost under $25,000 not previously procured. Administration Jurisdictions must keep receipts of all equipment received by the grant and forward all copies, signed and dated by the designated point of contact, to TEEX by FAX or mail Mail: Director of Domestic Preparedness John B. Connally Building 301 Tarrow-TEEX College Station, Texas 77840-7896 FAX: (979) 458-6927 Attn: Homeland Security Grant Program TEEX must receive receipts in a timely manner to ensure the promptness of payment proper documentation of the grant. Delay in sending receipts to TEEX will result in delaying payment status to either the vendor or the jurisdiction, depending on method of purchasing used. All equipment must be checked when received to ensure all receipts match the equipment actually ordered and received from the vendor. Jurisdictions are responsible for contacting the vendor to replace any damaged equipment. 19 VOL `f PAGE g1! Agreement No.48041 All property ordered under the State Homeland Security Grant is the property of the designated jurisdiction and is subject to inventory and property rules under OMB Circular A-102. Property title transfers to the jurisdiction upon receipt of equipment. All jurisdictions must maintain property records, in accordance with locally established procedures, which include the following information: a description of the item, a serial number, received date, the titleholder of the equipment, value of equipment and the owner and the location of the equipment. Each jurisdiction must keep these records readily available to ensure property accountability. There must be a physical inventory of grant procured equipment at least once a year. Each jurisdiction must have a control system in place to locate and safeguard equipment. Reporting Each jurisdiction must submit semiannual progress reports to the Texas Engineering Extension Service (TEEX) Office of Domestic Preparedness summarizing equipment purchased through this grant. Reports should be sent to: Director of Domestic Preparedness John B. Connally Building 301 Tarrow-TEEX College Station, Texas 77840-7896 Reports may be faxed to (979) 458-6927 Attn: Homeland Security Grant or emailed to charley.todd@teexmail.tamu.edu The semi-annual progress reports, due November 30 and May 31, should summarize the previous six months of equipment purchases. Required information includes the name of the jurisdiction and the Category, Item, Cost, Total, and number assigned to each discipline. This report will then be forwarded to the Office of Domestic Preparedness as documentation for their records on the progress of the grant. Please see Attachment D for format. Contact TEEX for an electronic version. Monitoring All jurisdictions are subject to these guidelines and procedures. There will be monitoring visits involved which will enable TEEX personnel to confirm that property is located and used for the intended purpose as stated in the SUBRECIPIENT AGREEMENT. These visits will be conducted randomly. 20 VOL PAGE Rs Agreement No.48041 ATTACHMENT A: Houston - Galveston Area Council Cooperative Purchasine 27. Jurisdiction places order to H-GAC for Non Prime Vendor items greater than $25,000 through website. 28. H-GAC receives through their Manufacturer/Suppliers equipment. 29. Equipment is delivered to local jurisdiction along with receipt. 30. Receipts are to be signed, dated and faxed to TEEX with all equipment being checked off and jurisdiction keeps originals. 31. Manufacturer/Supplier bills H-GAC for the equipment. 32. H-GAC then bills TEEX for equipment purchase. 33.TEEX submits payment to H-GAC promptly. 34. H-GAC submits payment to Manufacturer/Supplier promptly. 35. Local jurisdiction generates report to send to TEEX. 36. TEEX forwards copy of reports to Office 37. Process is complete. ♦ See Attachment F Purchasing through H-GAC Cooperative Purchasing Program flow chart. 21 VOL q PAGE 1 Agreement No.48041 ATTACHMENT B: Prime Vendor through Defense Logistics Agency 38. Jurisdiction places order through Fisher Scientific Website www.fishersci.com 39. If item is an in stock item Fisher Scientific directly ships to jurisdiction and receipt of equipment is sent. 40. If item is a non-stock item then Fisher Scientific orders from Manufacturer and Supplier and item is shipped directly to jurisdiction and receipt of equipment is sent. 41. Local jurisdictions checks off equipment and signs, dates and faxes receipt to TEEX and 42. Jurisdiction keeps copy for their files. 43. Manufacturer/Supplier bills Fisher Scientific for equipment purchase. 44. Prime Vendor (Fisher Scientific) bills Defense Logistics Agency for equipment ordered. 45. Defense Logistics Agency bills TEEX once a month for all the equipment purchased for that jurisdiction. 46. TEEX submits payment to Defense Logistics Agency for equipment order. 47. Defense Logistics Agency then submits payment to Fisher Scientific. 48. Fisher Scientific submits payment to Manufacturer/Supplier. 49. Reports are created by Fisher Scientific. 50. Jurisdiction sends reports to TEEX. 51. TEEX forwards copy of report to Office of Domestic Preparedness. 52. Process is complete. ♦ See Attachment G Prime Vendor Purchasing Through Defense Logistics Agency flow chart. 22 VOL PAGE 7 Agreement No.48041 ATTACHMENT C: Local Purchasing Option 53. Jurisdiction in accordance with jurisdictions procurement policy procures equipment. 54. Jurisdiction places equipment order with vendor. 55. Equipment is delivered to jurisdictions. 56. Vendor bills jurisdiction for purchase of equipment. 57. Jurisdiction sends payment to vendor. 58. Jurisdiction send paid voucher to TEEX for reimbursement of equipment purchase. 59.TEEX reimburses jurisdiction for paid voucher. 60. Jurisdiction creates report to send to TEEX. 61.TEEX sends copy of report to Office of Domestic Preparedness. 62. Process is complete. ♦ See Attachment H Local Purchase Option flow chart. 23 VOL46 PAGE v 0 00 v 6 z w c a) E N N rn a O I T ~ c O 0 0 ~ U d o w 12 LL m F- ui O Q IL z W Y z m O W F- LU U _U O0 a a U LL U m dU a C7 N 2 co LL 2 W Q 2 W fq W J w O F- 0 O U E 0 m a~ m U VOL4~ PAGE qj IT N v 0 00 v 0 z c d E a) m a> Q a U U U Q i Q. U U U Q 0. a) U U Q N N N N (6 C ~CC G L M~ W L 0 rt+ N 40 a O > E nL. N IJ a x cn 0 N VOL PAGE loo, 0 00 v 6 z w c a~ E m a~ m Q eo 4a 0 h~N C d 0 O E Q. d Q Q W N d v O «S U J U X W ~aq%a ~a VOL q-& PAGE I0( c d E T IL co N !9 CL Z U d ~ yy L' d V C a~ a m U U Q a ~ U ¢ a~ ~ C7 a 0 O - W N 0 V Lo '2 N 00 E fC6 N t~ ¢ xS o fl- C a ' E a) Ua~ 7 U _ T ~x w¢co n. N M v kn co co N v 0 00 v 6 z c m E a~ a~ m Q 6b) Payment 6ullus hS 0 ~T 6p~ y ~4S .4. A b` `m m v O ~ C Y E O O d y 7 C O' - W ~^y r Z d E T m a m N Yl a d m 0 U G 0 n C . 0 . f 7 4 Q N a N e1 U d Q' N a) Z -6 LU O D~ H C C C N . E E CL o 5- 3 a 7 U = w o~ w ¢ Co a r- N cn V Ln cn r N VOL PAGE 10 ~t 0 co NT 6 Z w c a) E m m rn Q N C N E J, ca co a U E i N a E ~ > 0 Q CL :3 . W 0 o > N m w c m E T a 0 a 0 co N m w c m E CL .5 Q w N VOL 4L PAGE 103 w C m E E 7 a E d 11 Agreement No.48041 Attachment I: Fiscal Year 2003 Authorized Equipment List (Extracted from the Office for Domestic Preparedness Fiscal Year 2003 State Homeland Security Grant Program, Program Guidelines and Application Kit) Note: This provides broad guidance on authorized equipment. Much greater detail will be available on the web sites referenced in the Statement of Work for list preparation. The FY 2003 SHSGP authorized equipment list was derived from the Standardized Equipment List (SEL). The SEL was developed by the Interagency Board (IAB) for Equipment Standardization and Interoperability. The IAB compiled the SEL to delineate the types of equipment necessary for terrorist incident response. Because the SEL also contains lists of general use and support equipment, a more narrow list was derived from the SEL to identify the specific types of specialized equipment authorized for purchase under the FY 2003 SHSGP. A cross-section of officials representing the U.S. Department of Homeland Security, the U.S. Department of Justice, the Public Health Service, the Federal Emergency Management Agency, the U.S. Department of Energy, and state and local CBRNE response experts assisted in the development of this authorized equipment purchase list and in identifying unallowable items. Authorized equipment purchases may be made in the following categories: 1. Personal Protective Equipment (PPE) 2. Explosive Device Mitigation and Remediation Equipment 3. CBRNE Search & Rescue Equipment 4. Interoperable Communications Equipment 5. Detection Equipment 6. Decontamination Equipment 7. Physical Security Enhancement Equipment 8. Terrorism Incident Prevention Equipment 9. CBRNE Logistical Support Equipment 10. CBRNE Incident Response Vehicles 11. Medical Supplies and Limited Types of Pharmaceuticals 12. CBRNE Reference Materials 29 VOL 4~ PAGE 1Utf Agreement No.48041 1. Personal Protective Equipment - Equipment worn to protect the individual from hazardous materials and contamination. Levels of protection vary and are divided into three categories based on the degree of protection afforded. The following constitutes equipment intended for use in a chemical/biological threat environment: Level A. Fully encapsulated, liquid and vapor protective ensemble selected when the highest level of skin, respiratory and eye protection is required. The following constitutes Level A equipment for consideration: • Fully Encapsulated Liquid and Vapor Protection Ensemble, reusable or disposable (tested and certified against CB threats) • Fully Encapsulated Training Suits • Closed-Circuit Rebreather (minimum 2-hour supply, preferred), or open-circuit Self-Contained Breathing Apparatus (SCBA) or, when appropriate, Air-Line System with 15-minute minimum escape SCBA • Spare Cylinders/Bottles for rebreathers or SCBA and service/repair kits • Chemical Resistant Gloves, including thermal, as appropriate to hazard ■ Personal Cooling System; Vest or Full Suit with support equipment needed for • maintaining body core temperature within acceptable limits ■ Hardhat/helmet • Chemical/Biological Protective Undergarment ■ Inner Gloves • Approved Chemical Resistant Tape • Chemical Resistant Boots, Steel or Fiberglass Toe and Shank ■ Chemical Resistant Outer Booties Level B. Liquid splash resistant ensemble used with highest level of respiratory protection. The following constitute Level B equipment and should be considered for use: • Liquid Splash Resistant Chemical Clothing, encapsulated or non-encapsulated ■ Liquid Splash Resistant Hood ■ Closed-Circuit Rebreather (minimum 2-hour supply, preferred), open-circuit SCBA, or when appropriate, Air-Line System with 15-minute minimum escape SCBA • Spare Cylinders/Bottles for rebreathers or SCBA and service/repair kits ■ Chemical Resistant Gloves, including thermal, as appropriate to hazard • Personal Cooling System; Vest or Full Suit with support equipment needed for maintaining body core temperature within acceptable limits • Hardhat/helmet • Chemical/Biological Protective Undergarment • Inner Gloves • Approved Chemical Resistant Tape • Chemical Resistant Boots, Steel or Fiberglass Toe and Shank ■ Chemical Resistant Outer Booties 30 VOL 4(r PAGE I CS Agreement No.48041 Level C. Liquid splash resistant ensemble, with same level of skin protection of Level B, used when the concentration(s) and type(s) of airborne substances(s) are known and the criteria for using air-purifying respirators are met. The following constitute Level C equipment and should be considered for use: ■ Liquid Chemical Splash Resistant Clothing (permeable or non-permeable) ■ Liquid Chemical Splash Resistant Hood (permeable or non-permeable) ■ Tight-fitting, Full Facepiece, Negative Pressure Air Purifying Respirator with the appropriate cartridge(s) or canister(s) and P100 filter(s) for protection against toxic industrial chemicals, particulates, and military specific agents. ■ Tight-fitting, Full Facepiece, Powered Air Purifying Respirator (PAPR) with chemically resistant hood with appropriate cartridge(s) or canister(s) and high-efficiency filter(s) for protection against toxic industrial chemicals, particulates, and military specific agents. ■ Equipment or system batteries will include those that are rechargeable (e.g. NiCad) or non-rechargeable with extended shelf life (e.g. Lithium) • Chemical Resistant Gloves, including thermal, as appropriate to hazard ■ Personal Cooling System; Vest or Full Suit with support equipment • Hardhat • Inner ChemicalBiological Resistant Garment ■ Inner Gloves • Chemical Resistant Tape • Chemical Resistant Boots, Steel or Fiberglass Toe and Shank • Chemical Resistant Outer Booties Level D. Selected when no respiratory protection and minimal skin protection is required, and the atmosphere contains no known hazard and work functions preclude splashes, immersion, or the potential for unexpected inhalation of, or contact with, hazardous levels of any chemicals. ■ Escape mask for self-rescue Note: During CBRNE response operations, the incident commander determines the appropriate level of personal protective equipment. As a guide, Levels A, B, and C are applicable for chemicall biologicall radiological contaminated environments. Personnel entering protective postures must undergo medical monitoring prior to and after entry. All SCBAs should meet standards established by the National Institute for Occupational Safety and Health (NIOSH) for occupational use by emergency responders when exposed to Chemical, Biological, Radiological and Nuclear (CBRN) agents in accordance with Special Tests under NIOSH 42 CFR 84.63(c), procedure number RCT-CBRN-STP-0002, dated December 14, 2001. ODP anticipates making compliance with NOSH SCBA CBRN certification a mandatory requirement for all SCBAs purchased under the FY 2004 State Homeland Security Grant Program. 31 VOL ll, PAGE IN, Agreement No.48041 Grant recipients should purchase: 1) protective ensembles for chemical and biological terrorism incidents that are certified as compliant with Class 1, Class 2, or Class 3 requirements of National Fire Protection Association (NFPA) 1994, Protective Ensembles for Chemical/Biological Terrorism Incidents, 2) protective ensembles for hazardous materials emergencies that are certified as compliant with NFPA 1991, Standard on Vapor Protective Ensembles for Hazardous Materials Emergencies, including the chemical and biological terrorism protection, 3) protective ensembles for search and rescue or search and recovery operations where there is no exposure to chemical or biological warfare or terrorism agents and where exposure to flame and heat is unlikely or nonexistent that are certified as compliant with NFPA 1951, Standard on Protective Ensemble for USAR Operations, and, 4) protective clothing from blood and body fluid pathogens for persons providing treatment to victims after decontamination that are certified as compliant with NFPA 1999, Standard on Protective Clothing for Emergency Medical Operations. For more information regarding these standards, please refer to the following web sites: The National Fire Protection Association - htta://www.nfpa.orp National Institute for Occupational Safety and Health - http://www.cdc.gov/niosh 2. Explosive Device Mitigation and Remediation - Equipment providing for the mitigation and remediation of explosive devices in a CBRNE environment: ■ Bomb Search Protective Ensemble for Chemical/Biological Response ■ Chemical/Biological Undergarment for Bomb Search Protective Ensemble • Cooling Garments to manage heat stress ■ Ballistic Threat Body Armor (not for riot suppression) ■ Ballistic Threat Helmet (not for riot suppression) • Blast and Ballistic Threat Eye Protection (not for riot suppression) ■ Blast and Overpressure Threat Ear Protection (not for riot suppression) • Fire Resistant Gloves ■ Dearmer/Disrupter • Real Time X-Ray Unit; Portable X-Ray Unit ■ CBRNE Compatible Total Containment Vessel (TCV) ■ CBRNE Upgrades for Existing TCV ■ Robot; Robot Upgrades ■ Fiber Optic Kit (inspection or viewing) ■ Tents, standard or air inflatable for chem/bio protection ■ Inspection mirrors ■ Ion Track Explosive Detector 32 VOL ~l PAGE ~~7 Agreement No.48041 3. CBRNE Search and Rescue Equipment - Equipment providing a technical search and rescue capability for a CBRNE environment: • Hydraulic tools; hydraulic power unit • Listening devices; hearing protection ■ Search cameras ( including thermal and infrared imaging) ■ Breaking devices (including spreaders, saws and hammers) • Lifting devices (including air bag systems, hydraulic rams, jacks, ropes and block and tackle) ■ Blocking and bracing materials ■ Evacuation chairs (for evacuation of disabled personnel) ■ Ventilation fans 4. Interoperable Communications Equipment - Equipment and systems providing connectivity and electrical interoperability between local and interagency organizations to coordinate CBRNE response operations: ■ Land Mobile, Two-Way In-Suit Communications (secure, hands-free, fully duplex, optional), including air-to-ground capability (as required) ■ Antenna systems ■ Personnel Alert Safety System (PASS) - (location and physiological monitoring systems optional) ■ Personnel Accountability Systems • Individual/portable radios, software radios, portable repeaters, radio interconnect systems, satellite phones, batteries, chargers and battery conditioning systems ■ Computer systems designated for use in an integrated system to assist with detection and communication efforts (must be linked with integrated software packages designed specifically for chemical and/or biological agent detection and communication purposes) • Portable Meteorological Station (monitors temperature, wind speed, wind direction and barometric pressure at a minimum) • Computer aided dispatch system • Commercially available crisis management software ■ Mobile Display Terminals Note: In an effort to improve public safety interoperability, all new or upgraded radio systems and new radio equipment should be compatible with a suite of standards called ANSIITIAIEIA-102 Phase I (Project 25). These standards have been developed to allow for backward compatibility with existing digital and analog systems and provide for interoperability in future systems. The FCC has chosen the Project 25 suite of standards for voice and low-moderate speed data interoperability in the new nationwide 700 MHZ frequency band and the Integrated Wireless Network (/MV) of the U.S. Justice and Treasury Departments has chosen the Project 25 suite of standards for their new radio equipment. In an effort to realize improved interoperability, all radios purchased under this grant should be APCO 25 compliant. 33 11O 4 ^ AGIF... J_Q Agreement No.48041 5. Detection Equipment - Equipment to sample, detect, identify, quantify, and monitor for chemical, biological, radiological/nuclear and explosive agents throughout designated areas or at specific points: Chemical • M-8 Detection Paper for chemical agent identification ■ M-9 Detection Paper (roll) for chemical agent (military grade) detection ■ M-256 Detection Kit for Chemical Agent (weapons grade-blister: CX/HD/L; blood: AC/CK; and nerve: GBNX) detection • M-256 Training Kit ■ M-18 Series Chemical Agent Detector analysis • Hazard Categorizing (HAZCAT) Kits • Photo-Ionization Detector (PID) ■ Flame Ionization Detector (FID) • Surface Acoustic Wave Detector ■ Gas Chromatograph/Mass Spectrometer (GC/MS) ■ Ion Mobility Spectrometry ■ Stand-Off Chemical Detector ■ M-272 Chemical Agent Water Test Kit • Colormetric Tube/Chip Kit specific for TICs and CBRNE applications • Multi-gas Meter with minimum of 02 and LEL ■ Leak Detectors (soap solution, ammonium hydroxide, etc) ■ pH Paper/pH Meter ■ Waste Water Classifier Kit • Oxidizing Paper ■ Protective cases for sensitive detection equipment storage & transport Kit for surface/vapor chemical agent Biological • Point Detection Systems/Kits (Immunoassay or other technology) Radiological/Nuclear ■ Radiation detection equipment (electronic or other technology that detects alpha, beta, gamma, and high intensity gamma) ■ Personal Dosimeter • Scintillation Fluid (radiological) pre-packaged ■ Radiation monitors Explosive • Canines (initial acquisition, initial operational capability only) 34 VOL q~ PAGE 10 I Agreement No.48041 6. Decontamination Equipment - Equipment and material used to clean, remediate, remove or mitigate chemical and biological contamination: Chemical ■ Decontamination system for individual and mass application with environmental controls, water heating system, showers, lighting, and transportation (trailer) • Decon Litters/roller systems ■ Extraction Litters, rollable ■ Runoff Containment Bladder(s), decontamination shower waste collection with intrinsically-safe evacuation pumps, hoses, connectors, scrub brushes, nozzles • Spill Containment Devices • Overpak Drums ■ Non-Transparent Cadaver Bags (CDC standard) ■ Hand Carts • Waste water classification kits/strips Biological ■ HEPA (High Efficiency Particulate Air) Vacuum for dry decontamination 7. Physical Security Enhancement Equipment - Equipment to enhance the physical security of critical infrastructure. Surveillance, Warning, Access/Intrusion Control Ground ■ Motion Detector Systems: Acoustic; Infrared; Seismic; Magnetometers ■ Barriers: Fences; Jersey Walls ■ Impact Resistant Doors and Gates ■ Portal Systems; locking devices for access control • Alarm Systems • Video Assessment/Cameras: Standard, Low Light, IR, Automated Detection • Personnel Identification: Visual; Electronic; Acoustic; Laser; Scanners; Cyphers/Codes ■ X-Ray Units ■ Magnetometers ■ Vehicle Identification: Visual; Electronic; Acoustic; Laser; Radar 35 VOL'/4 PAGE 110 Agreement No.48041 Waterfront ■ Radar Systems ■ Video Assessment System/Cameras: Standard, Low Light, IR, Automated Detection • Diver/Swimmer Detection Systems; Sonar ■ Impact Resistant Doors and Gates • Portal Systems ■ Hull Scanning Equipment ■ Plus all those for Ground Sensors - Agent/Explosives Detection • Chemical: Active/Passive; Mobile/Fixed; Handheld • Biological: Active/Passive; Mobile/Fixed; Handheld ■ Radiological • Nuclear ■ Ground/Wall Penetrating Radar Inspection/Detection Systems ■ Vehicle & Cargo Inspection System - Gamma-ray • Mobile Search & Inspection System - X-ray ■ Non-Invasive Radiological/Chem/Bio/Explosives System - Pulsed Neutron Activation Explosion Protection • Blast/Shock/Impact Resistant Systems • Protective Clothing • Column and Surface Wraps; Breakage/Shatter Resistant Glass; Window Wraps • Robotic Disarm/Disable Systems 36 VOL Lin PAGE il/ Agreement No.48041 8. Terrorism Incident Prevention Equipment (Terrorism Early Warning, Prevention, and Deterrence Equipment and Technologies) - State and local public safety agencies will increasingly rely on the integration of emerging technologies and equipment to improve jurisdictional capabilities to deter and prevent terrorist incidents. This includes, but is not limited to, equipment and associated components that enhance a jurisdiction's ability to disseminate advanced warning information to prevent a terrorist incident or disrupt a terrorist's ability to carry out the event, including information sharing, threat recognition, and public/private sector collaboration. ■ Data collection/information gathering software ■ Data synthesis software ■ Geographic Information System information technology and software ■ Law enforcement surveillance equipment 9. CBRNE Logistical Support Equipment - Logistical support gear used to store and transport the equipment to the CBRNE incident site and handle it once onsite. This category also includes small support equipment including intrinsically-safe (non- sparking) hand tools required to support a variety of tasks and to maintain equipment purchased under the grant as well as general support equipment intended to support the CBRNE incident response: ■ Equipment trailers • Weather-tight containers for equipment storage • Software for equipment tracking and inventory ■ Handheld computers for Emergency Response applications • Small Hand tools • Binoculars, head lamps, range finders and spotting scopes (not for weapons use) ■ Small Generators to operate light sets, water pumps for decontamination sets ■ Light sets for nighttime operations/security ■ Electrical Current detectors ■ Equipment harnesses, belts, and vests • Isolation containers for suspected chemical/biological samples • Bull horns • Water pumps for decontamination systems • Bar code scanner/reader for equipment inventory control • Badging system equipment and supplies • Cascade system for refilling SCBA oxygen bottles ■ SCBA fit test equipment and software to conduct flow testing ■ Testing Equipment for fully encapsulated suits ■ Cooling/HeatingNentilation Fans (personnel and decontamination tent use) • HAZMAT Gear Bag/Box 37 VOL fflr PAGE /bA Agreement No.48041 10. CBRNE Incident Response Vehicles - This category includes special-purpose vehicles for the transport of CBRNE response equipment and personnel to the incident site. Licensing and registration fees are the responsibility of the jurisdiction and are not allowable under this grant. In addition, general purpose vehicles (squad cars, executive transportation, etc.), fire apparatus, and tactical/armored assault vehicles are not allowable. Allowable vehicles include: • Mobile command post vehicles ■ Hazardous materials (HazMat) response vehicles ■ Bomb response vehicles • Prime movers for equipment trailers ■ 2-wheel personal transport vehicles for transporting fully suited bomb technicians, Level A/B suited technicians to the Hot Zone ■ Multi-wheeled all terrain vehicles for transporting personnel and equipment to and from the Hot Zone 38 VOLq~ PAGE~I 3 Agreement No.48041 11. Medical Supplies and Pharmaceuticals - Medical supplies and pharmaceuticals required for response to a CBRNE incident. Grantees are responsible for replenishing items after shelf-life expiration date(s). Medical Supplies • Automatic Biphasic External Defibrillators and carry bags • Equipment and supplies for establishing and maintaining a patient airway at the advanced life support level (to include OP and NG airways; ET tubes, styletes, blades, and handles; portable suction devices and catheters; and stethoscopes for monitoring breath sounds) ■ Blood Pressure Cuffs ■ IV Administration Sets (Macro and Micro) and Pressure Infusing Bags ■ IV Catheters (14, 16, 18, 20, and 22 gauge) ■ IV Catheters (Butterfly 22, 24 and 26 gauge) ■ Manual Biphasic Defibrillators (defibrillator, pacemaker, 12 lead) and carry bags ■ Eye Lense for Lavage or Continuous Medication ■ Morgan Eye Shields ■ Nasogastric Tubes ■ Oxygen administration equipment and supplies (including bag valve masks; rebreather and non-rebreather masks, and nasal cannulas; oxygen cylinders, regulators, tubing, and manifold distribution systems; and pulse oximetry, Capnography & C02 detection devices) • Portable Ventilator ■ Pulmonary Fit Tester ■ Syringes (3cc and 10cc) • 26 ga needles (for syringes) ■ 21 ga. 1 %i " needles (for syringes) ■ Triage Tags and Tarps ■ Sterile and Non-Sterile dressings, all forms and sizes ■ Gauze, all sizes Pharmaceuticals ■ 2Pam Chloride • Adenosine • Albuterol Sulfate .083% • Albuterol MIDI • Atropine 0.1 & 0.4 mg/ml ■ Atropine Auto Injectors ■ Benadryl ■ CANA Auto Injectors ■ Calcium Chloride ■ Calcium Gluconate 10% ■ Ciprofloxin PO ■ Cyanide kits 39 VOL~6 PAGE I1 ~J. Agreement No.48041 • Dextrose • Dopamine ■ Doxycycline PO ■ Epinephrine • Glucagon ■ Lasix ■ Lidocaine ■ Loperamide ■ Magnesium Sulfate ■ Methylprednisolone • Narcan ■ Nubain ■ Nitroglycerin ■ Normal Saline (500 and 1000 ml bags) ■ Potassium Iodide ■ Silver Sulfadiazine ■ Sodium Bicarbonate ■ Sterile Water ■ Tetracaine ■ Thiamine ■ Valium 12. CBRNE Reference Materials - Reference materials designed to assist emergency first responders in preparing for and responding to a CBRNE incident. This includes but is not limited to the following: • NFPA Guide to hazardous materials • NIOSH Hazardous Materials Pocket Guide • North American Emergency Response Guide ■ Jane's Chem-Bio Handbook ■ First Responder Job Aids 40 VOL 4~ PAGE lI claim it may have now or in the future against DIR/TSD for the payment of charges arising from toll fraud or other unauthorized use on its premise equipment. 2.5 Customer is a qualified entity to receive goods and services from DIR/TSD. Services will terminate without liability to DIR/TSD should Customer's eligibility status change during the term of this Service Agreement. III. Term The term of this Service Agreement begins on the date of the last party to sign and is in effect for the period through the end of the state's current fiscal year. The Service Agreement is annually renewable by the timely issuance of a PO by Customer, received prior to the end of the current contract term. In the event a new PO is not received in a timely manner, services will continue on a month-to-month basis until a new Purchase Order is received or termination of the Service Agreement is effected by compliance with Article V. hereof. IV. Billing 4.1 Under the new billing system, scheduled to be operative during the summer of 2002, DIR/TSD's first month's billing for any circuits provisioned will commence on the date provisioning is completed. For all bills issued under the legacy billing system, the first month's bill will be for the entire month regardless of the day of the month provisioning is completed. 4.2 Under the new billing system, scheduled to be operative during the summer of 2002, DIR/TSD will cease billing circuits on the date disconnection is completed. For all bills under the legacy billing system, the last month's billing for circuits will be waived regardless of the day of the month the disconnect request is completed. 4.3 All other services shall be billed on an usage basis from the first date of actual service until the service is disconnected. 4.4 In compliance with Title I, Chapter 207, Rule number 207.5, of the Texas Administrative Code: inquiries, corrections, changes or modifications by Customers to the TEX-AN bill must be made in writing to the DHUTSD within 60 days of issuance of bill. Any adjustments to the bill will be made in the subsequent billing period. This rule is being revised. Under the new version of the bill, which should be in effect before the end of September of 2002, the customer's billing dispute timing and payment obligations shall track those found in the Prompt Payment Act, Chapter 2251, Texas Government Code. V. Termination and Amendments 5.1 TSD may provide notice of intent to terminate this Service Agreement for convenience by sending a written statement to that effect, which shall be received by Customer no less than thirty (30) days prior to the Effective Date of termination. TSD may terminate any Service Agreement for cause, with an immediate Effective Date, by issuing written notice to Customer, upon failure of Customer to make timely payment of bills. 5.2 A Customer may provide notice of intent to terminate this Service Agreement for convenience by sending a written statement to that effect, which shall be received by DIR/TSD no less than thirty (30)days prior to the Effective Date of termination. A Customer request to change a service shall not take effect until Customer provides written notice to DIR/TSD of any changes to ordered services. If DIRJTSD does not receive written notification, the Customer will continue to be billed monthly until proper notification is received. No written termination notice shall be effective prior to the expiration of thirty (30) days after receipt by DIR/TSD. T:tele/service agreement072302revisionsrulechange VOL(4~ PAGE l~"1 5.3 Amendments to this Service Agreement shall only be effective upon execution of an instrument in writing by authorized representatives of DIR/TSD and the Customer. VI. Other Conditions of Service 6.1 Service rates are subject to change by DIR/TSD upon 30-days written notice to Customer. 6.2 No conflicting terms or conditions found in Customer orders or forms shall become a part of this Service Agreement. 6.3 If service and/or communications projects are canceled at any time prior to completion, Customer shall be responsible for all actual costs incurred by DIR/TSD up to the date of cancellation. DIR/TSD will bill the Customer for these costs. Customer's covenant to pay shall survive the cancellation of a project. 6.4 DIR/TSD relies on third party contractors for the fulfillment of services contracted for hereunder. Therefore, DIR/TSD makes no independent warranties or guarantees, express or implied, regarding said services. 6.5 The following terms have the meaning indicated for purposes of this Service Agreement: "Force Majeure" means the parties' performance under this Service Agreement shall be adjusted or suspended by mutual agreement to the extent performance is beyond the reasonable control of the parties for reasons including, but not limited to: strikes, work stoppages, fire, water, flood, lightning, government action, acts of God or public enemy, delays of power company, local exchange company, or other carrier. Failure of Customer to coordinate and cooperate so as to delay DIRJTSD is not an event of Force Majeure. In the event of Force Majeure, the sole and exclusive remedy to the party suffering the delay shall be an equivalent extension of the time for performance. The parties shall document to one another the onset of events of Force Majeure within three days of their onset. "Provision" and "provisioning" means DIR/TSD has acquired, arranged for or provided at the Customer's site, the equipment, supplies or other items necessary to provide the ordered service(s), but does not mean the actual act(s) of turning up the ordered service(s). VII. Customer Service Resources Customer Service Resources may be found at www.texanstate.tx.us. Inquiries regarding this Service Agreement may be directed to DIR, Support Services Division, at (512) 463-3263. T:tele/service agreement072302revisionsrulechange VOL `t(~ PAGE T Customer hereby agrees to the terms and conditions of this Service Agreement; represents that the official executing this Service Agreement is authorized to bind the Customer to its terms; and that Customer has completed all of its internal processes to make this a binding undertaking on the part of Customer. CUSTOMER: BRAZOS COUNTY BY: NAME: Ra Sims DEPARTMENT OF INF RMATION RE/SOU CES BY: ~z NAME: Eddie uivel Director TITLE: Brazos County Judge DATE: July 22, 2003 T:tele/service agreement072302revisionsrulechange TITLE: Telecommunication Services Division DIR DATE: , z ~ i VOL4~ PAGE 115' ORDER RELOCAT1Nu "ILLING PLACE FOR ELECTION PRECINCTS 2abc/82 WHEREAS, there exists at the present time a c. stain polling place which can not be used for the purpose of conducting the Special Amendment Election held on September 13, 2003; and WHEREAS, the polling place for Election Precincts 2abct82 is located in the Wellborn Community Center located at 4119 Greens Prairie Road, College Station, Texas; and WHEREAS the Commissioner's Court has been notified by the Wellborn Community Center located at 4119 Greens Prairie Road, College Station, Texas, that the community center will not be available for use on the September 13, 2003 election; and WHEREAS, the Wellborn Special Utility District has agreed to allow the polling place for Election Precincts 2abc/82 to be located in the Wellborn Special Utility District located at 4118 Greens Prairie Road, College Station, Texas for the September 13, 2003 election only: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to chapter 43 of the Texas Election Code that the location of the polling place be relocated in Brazos County to wit: THAT the polling place for Election Precincts 2abc/82 be located in the Wellborn Special Utility District located at 4118 Greens Prairie Road, College Station, Texas for the September 13, 2003 election only; VOLIJ-~ PAGL I,21' THAT submission be mac",- to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Feder:,1 Voting Rights Act. ADOPTED this /5 -day of 2003 by a vote of 6~- AYES and NAYS. ATTEST: c en McQueen, County erk VGL Off PAGE P/ INTERLOCAL AGREEMENT BETWEEN THE CITY OF BRYAN ANT) BRAZOS COUNTY WHEREAS, on the 1 I`h day of February, 2003, the City of Bryan and Brazos County previously entered into an Interlocal Agreement for the purchase of equipment and supplies. That agreement is hereby amended to expand the authority of the Purchasing Agents to jointly prepare proposals, requests for qualifications and other procurement activity for the purchase of services, insurance, high technology, professional services and expenditures that may be exempt from competitive bidding/proposals; WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment, supplies and services; WHEREAS, City of Bryan and Brazos County desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs and services; WHEREAS, the City of Bryan is a Home-Rule Municipal Corporation organized under the laws of Texas and is authorized to enter into this Agreement; WHEREAS, The City of Bryan and Brazos County represent that each are independently authorized to perform the functions or services contemplated by this Agreement; WHEREAS, each party has sufficient funds available from current revenues to perform the functions contemplated by this Agreement; WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of necessary equipment, supplies and services; WHEREAS, the participating governments are of the opinion that cooperation in the purchasing of equipment, supplies, services and auctions will be beneficial to the taxpayers of the governments through the efficiencies and potential savings to be realized. NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other as follows: 1. City of Bryan and Brazos County Purchasing Agents shall be authorized to jointly prepare bids, proposals, requests for qualifications and other procurement activity for the purchase of equipment, supplies, services, VOL9~ PAGE I old insurance, high technology, professional services and expenditures that may be exempt from competitive bidding/proposals. 2. The Purchasing Agents sh-dl fairly distribute the bids, proposals, requests for qualifications and other purchases to be made and the cost of advertising shall be borne equally by each entity. 3. The City of Bryan and Brazos County Purchasing Agents shall agree on who is responsible for all such administrative duties as may be necessary to lawfully facilitate processing and preparation of any bids, proposals and request for qualifications and other procurement activity as may be required for the purchase of any equipment, supplies, services, insurance, high technology, professional services and other expenditures that may be exempt from competitive bidding/proposals. The City of Bryan and Brazos County shall share equally any and all cash rebates related to any joint purchases pursuant to this Agreement. 4. Each entity shall pay invoices directly to the providers of goods and services that are invoiced and delivered directly to each respective entity. 5. Nothing in this Agreement shall prevent either entity from purchasing and/or accepting and awarding bids, proposals and contracts subject to this Agreement on its own behalf. 6. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 7. Effective Date and Term. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2003. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Paragraph(s) 8 or 9. 8. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated approval of each governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. 9. Termination. By the City of Bryan or Brazos County. This Agreement may be terminated at any time by the City of Bryan or Brazos County, with or without cause, upon thirty (30) days written notice to the other parties in accordance with Paragraph 12 herein. VOL 5'~ PAGE I 10. Hold Harmless. The City of Bryan and Brazos County agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement. 11. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality 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 provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 12. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. City of Bryan: Purchasing Department City of Bryan 1309 E. MLK St Bryan, Texas 77803 Brazos County: County Judge's Office Randy Sims County Judge 300 East 26`1' St., Suite 114 Bryan, Texas 77803 13. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supercedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 14. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 15. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 16. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 17. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this SAGE 1 ay VOL LAr Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 18. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either 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 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. 19. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 20. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 21. Multiple Originals. It is understood and agreed that this Agreement may be executed in number of identical counterparts, each of which shall be deemed an original for all purposes. CITY BY: Jay on~Wats`.W, Mayor DATE: - 7- 3 -D3 ATTEST: Aaw Mary Lynne St tta, City Secretary APPROVED: Mary Ka Mo}Jore, City Manager Michael J. Cos ono, City Attorney BRA4RandyS' BY: ounty J udge DATE: ATTEST: Karen McQueen, County Clufrk VOL q( PAGE N5. TEXAS DEPARTMENT OF PR(i-'.:-r'I'IVE AND REGu ATORY SERVICES YECuTvE DIRECTOR Thon~!'?haptnond PLAN CHANGE FY 04-01 May 30, 2003 Debbie L. Lockledge Brazos County 300 East 26th St., Suite 114 Bryan, Texas 77803 Re: FY 04 Title IV-E Legal Services Contract Contract Number: 2003074030 Plan Change 04-01 Effective Date: September 1, 2003 hGARnn MEMBERS Richard S. Hoffman Chair, Brownsville John R. Castle, Jr Dallas Anne C. Crews Dallas Naomi W. Led6 Huntsville Catherine Clark Mosbacher Houston Ommy Salinas Strauch San Antonio The Department of Protective and Regulatory Services (PRS) and the Commissioners Court of Brazos County entered into a new contract effective September 1, 2002. The Department and Contractor agree to the following plan change to the contract. This plan change is effective September 1, 2003. • The purpose of this plan change is to incorporate the attached Title IV-E Legal Services Cost Allocation Plan and Budget for FY 04. The attached Cost Allocation Plan and Budget is incorporated into this plan change for all purposes, reflect the changes affected by this plan change for the contract period September 1, 2003 through August 31, 2004, and supersede those attachments to the contract and any amendments, for the contract period covered by this plan change. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES APPROVAL: Sheila Brockington Date Contract Specialist COMMISSIONERS' COURT OF BRAZOS COUNTY APPROV 7901 CAMERON RD, BLOC 2 • P.O. Box 15995 • AUSTIN, TEXAS 78761-5995 • (512) 834-3201 VOL q4- PAGE _ I .4r BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: July 15 2003 ITEM: Permission to enter Jerry Priddy's property located off Wheelock Hall Road for the ur ose of extending win wall of the new bridge structure on Wheelock Hall Road. Count will construct new fencing to water a in creek and seed and fertilize to control erosion. Site is located in Precinct 2. SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS: SUBMITTED BY: l;~ Richard F. Vance, P.E. County Engineer 0003-063 APPROVED BYE Commissioner Duarild Peters Precinct 2 This I Date: , County Judge ❑ by Commissioners Court VOL 9( PAGE/ 7 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jones Commissioner Pct 1 Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pct 3 Carey Cauley Commissioner Pct 4 Date July 3, 2003 LAND OWNER AND ADDRESS Jerry W. Priddy P.O. Box 7212, Bryan Texas 77805 H. LOCATION OF WORK Wheelock Hall Road bridge structure over Bee Creek III. DESCRIPTION OF WORK TO BE DONE Permission to enter private property for the purpose of extending wing wall of the new bridge structure on Wheelock Hall Road County will construct new fencing to water gap in creek and seed and fertilize to control erosion. IV. MAINTENANCE YES X NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: As often as necessary to keep structure in good repair. (Owner will e tified prior to maintenance) Richard F. Vance, P.E. Engineer-Aide / Foreman I Right-~t t County Engineer Owner's Signature: / DATES VOL 1/ ~ PAGE 148' . . BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: July 15. 2003 ITEM: Permission to enter Charles Harter's property located off Wheelock Hall Road for the purpose of extending wing wall of the new bridge structure on Wheelock Hall Road. County will construct new fencing to water gap in creek and seed and fertilize to control erosion. Site is located in Precinct 2. SOURCE OF FUNDS: N/A ADDITIONAL WORK DESCRIPTION: NOTES/EXCEPTIONS: SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0003-064 This Date: APPROVED BY: Commissioner Duane Peters Precinct 2 ❑ by Commissioners Court Randy S)Ks, County Judge VOL 4~ PAGE BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jones Commissioner Pct 1 Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pct 3 Carey Cauley Commissioner Pct 4 Date July 3. 2003 LAND OWNER AND ADDRESS Charles Harter .,!aA . 8035 Wheelock Hall Road, Bryan Texas 77808 if. LOCATION OF WORK Wheelock Hall Road bridge structure over Bee Creek III. DESCRIPTION OF WORK TO BE DONE Permission to enter private property for the Purpose of extending wing wall of the new bridge structure on Wheelock Hall Road. County will construct new fencing to water gap in creek, and seed and fertilize to control erosion. IV. MAINTENANCE YES X NO- IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: As often as necessary to keep structure in good repair. will bbtifed prior to maintenance) p , 5-~ /Z. Richard F. Vance, P.E. Engineer-Aide / Foreman / RigMt-of-Way-Ag"t County Engineer Owner's Signature: 6 ~Qay • DATE q vo, ( PAGE_ /-30 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING:- July 15. 2003 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Old Reliance Road. Site is located in SOURCE OF FUNDS: N/A REQUIREMENTS: A) No work will be permitted between front slope and/or back slope. B) All installations shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: ichard F. Vance, P.E. County Engineer 0003-065 APPROVED BY: Commissioner D bane Peters Precinct 2 Request is A proved 9/ Denied ❑ by Commissioners Court Date: 77j/ZZ Randy SIM6, County Judge VOL ylrac._l31 BRAZOS COUNTY COMWi 7?10NERS' COURT ACTION FOR DEPARTMENT Road and Bridqe : NL,j'gER 560010 DATE OF COURT MEETING: July 15. 2003 _ ITEM: Request from Verizon to construct a road bore and buried cable installations in the right of way of Harris Lane beginning at its intersection with FM 2776 and extending for distance of 1.282 feet. Site is located in Precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing fine; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. Commissioner Duane Peters County Engineer Precinct 2 0003-066 This Request is Approved jp / Denied ❑ by Commissioners' Court //J`-/~„ 3 Date: my Judge VOL4.f&PAGE~~.3 verizn Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 July 2, 2003 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are From ED-135 and a work location sketch showing the location of our proposed communications cable line on county roads in Brazos County at Kurten, Texas. This work is to be completed on Work Order 5435 - 3P001 GA which is scheduled for July, 2003. If you have any questions concerning this work, please contact Gary Recek at our office in Bryan, telephone 979-821-4783 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved- Sincerely, John Arnold Supervisor - Network Engineer JA:ec f~j2c i 2 Attachment 0,l. '95 /0'grgo VOL 44, PAGE 13d VERIZON COMMUNICATION Notice of Line Installation July 2, 2003 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: From the intersection of FM 2776 and Harris Lane, 1282 feet on Harris Lane, 65 feet bore and 4" PVC will be placed for communications cable as shown on work print # 1. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is`expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any Property rights, franchise, easement, license, authority' permission, privilege or right now granted by law or may be granted in the future and an provisions so construed shall be null and void. Y Provision or YEFIZON COMMUNICATIONS m no Jo \ Arnold Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 Construction of this line will begin on or after July, 2003. 5435-3P001 GA VOL 4 PAGE I3S P$' 8 b t s it slSc v q~e ~ gFie Ey p ' p a 3SG9vF:Y~p~~"~ Q VY#j F[ a i~ E &EEeEEever@9 O I R /F 4 / \X F Alf F ` t rvv ~dN~ON NNNNb N ~ ~ ~NNNNNNNN~NN V Q ryNP ~NWmP0~NY1Wm NNN N,YNW':b~ a - m ~ Sf 1M lu. ° ,.~c~cccucx O b b ~ b y N LLI I Z N m b Q N ~ add m J <N n tO QI"I N tONtON O'U NNN^NN (n nmNN^I'1 t00 _ nq, in^~ bp04NON0 cc. MEW Q -auxux m O W O Z - U W O. lP V U W W U x Q O J co a a T ,S w P \ R',{rd~, ltd ~k m m O !L 3 W z a J ~ Ln CV W cc U Q (n = z W O z W W O y N W LO ui Q W z } o~ W Z J ~ p~ O Q U U CD uj CD U Lr Q LL W J !L M CL ti PAGE BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORI DEPARTMENT Road and Bridge DATE OF COURT MEETING: July 15, 2003 ITEM: Request from ExxonMobil Pipeline Company to repair, in place, an existing 12 inch steel pipeline in the right of Sulphur Springs Road. Site is located in Precinct 3. SOURCE OF FUNDS: REQUIREMENTS: A) No work will be permitted between front slope and/or back slope. B) All installations shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of, and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees, etc. from county right-of-way. D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways. published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. Commissioner I ny Mallard County Engineer Precinct 3 0003-067 Approved/ Denied, ❑ by Commissioners Court Date: VOLqb PAGE_ I:3') REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF--WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 FROM: REF: ExxonMobil Pip-line c,.mpa y Crossing - and/or Parallel Installation _ P.O. Box 2220 Road: Sulphur Snrinen Houston, Texas 77252 Precinct Number: Formal notice is hereby given that (applicantf xxonrlobil pe ine p0p61~bses to repair in place a (type) 12" steel pipeline within the right-of-way of (road)- Sulphur Sprinen in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by three copies of the drawings attached to this notice. I understand and agree: The County Engineer must be notified prior to the beginning of construction in order that a designated Inspector may Inspect the actual Installation. 2. That all damage to the roadways and nghts-of-way will be repaired to their original condition to the satisfaction of the County Engineer. --dway a? Ashl of Nay. Y. A f the dFQ A290 OF WIP Aili'l; ^AG1 11140 dFaIn3gS 15 to 60 SO AS! d are 00011 limili (R') 1991110 1440 e A 141AF offhe-reedwey. I&i 8. That all sites will be barricaded during the construction period. 9. That the mama! aherge is SWAG per efeeeifig a i&F $40.00 per Fed nhett-~~ 16(c- 10. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-898; test shall be conducted by an Independent geotechnlcal testing firm; copies of all test results shall be furnished to the office of the Brazes County Engineer. Construction of this line will begin on or after the 3rd day of JULY 19001 . APPROVED BY COMMISSIONERS' COURT ON: O Date Randy Si County Judge County udge APPLICANT; ExxonMobil Pipeline rompan,y, C4om y Nams Ronald G. Sullivan / Righr-nf-Way Agent Company Representative/Title 281-591-3715 Telephone Number VOL L46 eAGE.._I.38 ExxonMobil Pipeline Company 800 Bell Street Houston, Texas 77002-7426 P.O. Box 2220 Houston, Texas 77252-2220 713 656 5394 Telephone 713 656 4735 Facsimile Mr. Ray Crow County Commissioner Brazos County Road & Bridge Dept. 2617 Highway 21 West Bryan, Texas 77803 Stephen McDaniel Manager Right-of-Way and Claims July 2, 2003 E~onMobil Pipeline Re: REPAIR OF MOBIL PIPE LINE COMPANY CROSSING SULPHUR SPRING ROAD JAS. GRAY SURVEY, A-250, BRAXOZ COUNTY TEXAS. MPL ROW# BH-304 Dear: Mr. Crow: Mobil Pipe Line Company (MPLCo) owns and ExxonMobil Pipeline Company (EMPCo) operates a 12" pipeline that crosses Sulphur Springs Road as shown on the attached map. After running an internal inspection tool it has been determined that we will need to make a repair to the line within the right of way. EMPCo plans to excavate the pipeline, install a full wrap steel sleeve and weld it to the pipeline. The line will then be backfilled with the same material and compacted to County specifications. All of the work should be completed in one day. Our construction crew is working in this area now so we would like to move to the road site as soon as possible. ExxonMobil agrees to all applicable Brazos County requirements for road repairs as indicated in the attached "Request For Proposed Installation Form; Our existing right- of-way easement dated November 7th, 1946, from Otto Wilson (copy attached) precedes the construction of said Suphur Springs Road, therefor the Request For Proposed Installation In County Right-Of-Way form is not applicable. As per our subsequent conversation I have signed the subject form and crossed out the non-applicable items. If you need any additional information please call me at 281-591-3715. Sincerely, Ronald G. Sullivan Attachments c - TH Knight C %WRW IMCORRS\Subhpr Spdnp Rd repair Brazos . ddO An ExxonMobil Subsidiary VOL q 6 PAGE 1 ) N S" Y )>6)~>s' r"peN y G b Z 3 x q A l - 0 0 n ~ S N 17750117 n.v1n ` w n4>rar A z L L /1J/ f 7 .TJ D •PiI~ Z r 7]6/060 70 Y )74.10, -4-4 NNM + DDA -77.7919J Z W w ip, ♦ ~ e W WD W a pg D z 77201 b.6 600N 6a/a V./~7••s Whe lO io.ISJ,/Z-20-79/ 77201085 "Chock 3~u 5EE VAL VE OE7A/L ` a ae F; . - 3 4 , v7]n 1Jp Z a 0~ N n, 7708160 12Weld Wrap } ♦m¢ 7 ]]080 1312 Weld Wrap 770e199 Did. 314,11-30 -88 0 1n i ?~C 4 9 `a m~rLg ^i3 d4 710/171 T~ 11 1 I e p~p r m a15 1\ 1 \ t \ V\ n NVl 0 `04 ~ e . 7cb y x n ?a .d G yl 1 l~ 0/656 769 I' 14 "River C/8r7PpS d4B°IB'JJ y y c7/ 76871037687138 G 76 j9 7+73 D O,e,bend al 7666fOJ 6 > S~ a _ NN - 7668 f-9B - 9.f i9 Q ` °y 1 y 7682 1 BJ. 44 * >iG e 4 l o Gy C .9 ~A Weld 76591 Di0.33, 4 -8-91 ~ y bP P p 0 do 7660-54 6"So.... es rr-. G,, 55.2"Boos MPL 07.. 555,7-22-94 ^V \ e VOL PAGE ~~C~ iii G' ii 16/7 7 V THE STATE OF TEXAS County of F-lat-r-4f KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of.___e_K-'-1=red Four and 501100 DOLLARS, to the receipt of which is hereby acknowledged,..----. T. Artemeese Wilson by Otto Wilson, Attorney in fact, huntington,-Texas - do hereby grant and convey to MAGNOLIA PIPE LINE COMPANY, a corporation organized under the laws of the State of Texas, with its principal office at Dallas, Texas, its successors and assigns, the erate and remove pipe lines and in o i t i , , p r, ma n a rights of way, easements and privileges to lay, repa replace existing lines with other lines, for the transportation of oil and gas, and the products thereof, _ i li nes, c water, or any other fluid or substance, and to erect, repair, maintain, remove and operate electr telegraph lines and telephone lines over, across and through-_-.situated ti Texas, described as follows: J. S_lln ker and Tom 11. Barker On the north by the lands of On the east by the lands of _-M.R3iy_C1?~.11~&4?tler On the south by the lands of On the west by the lands of_____- L_HaidLidg_ }7soslk_aAd_IAL@.1J.e_F2e],ds~------- Containing- 190_--_----___ acres in____Jmaes- : t survey Abs~tract~k250_.___and more fully described in deed from----___...--__-_-_-- - i'; T. L. Wilson _ recorded in Vol._ Page___°AL0___ . Deed Records of.. BMZ_0s County, Texas_.-.___ ^F ..._to_-an __dfrom .-f-----t--he sa- _.me.. - with ingress and egress - - - ~t~ TO HAVE AND TO HOLD unto said Magnolia Pipe Line Company, its successors and assigns, for 1 the purposes aforesaid. The said Grantor shall have the right fully to use and enjoy the said premises d to said Magnolia Pipe Line Company, its successors and t i b f s'1 e ore gran n e except for the purposes here assigns, which hereby agrees to pay any damages which may arise to crops, timber, or fences from es if not mutually agreed upon to be ascertained id dama r g poses; sa the use of said premises for such pu and determined by three disinterested persons, one thereof to be appointed by the said Grantor-_, sf' heirs or assigns; one by Magnolia Pipe Line Company, its successors and assigns; and her the third by the two so appointed as aforesaid, and the written award of such three persons, shall be final and conclusive. Should more than one pipe line be laid under this grant at any time, fifty cents besides the damage above provided for. It is further id l l li a , ne so per rod shall be paid for each additiona agreed that said pipes shall be buried to a sufficient depth so as not to interfere with cultivation of soil. of way, easements and privileges herein granted are each divisible and are each assign- The rights• ` • able or transferable, in whole or in 'part, ` It is hereby understood that party securingthis grant in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Witness.. -hand_ this---- 7th__ -day of__ Signed and delivered in the presence of the undersigned witnesses: i sy 00 r olaB y~i mz nOr S > °E ntin 3 C T " l , V 7 7 ~rv> L 5>~ y "3 C >pr 2 -m n' 3 O ~i0 TNT ~~RTS rJF COUNTY Or la (L• :.._...CourltY, Tex: z hj c H o g ITJ 0 0 K con- yCY39 ~r s. 1 to X_ I that L. i,- H. 1-3. SYF"fAK ~nxtrnmrnc ~tut(rl he~ -day he foregoing SEAL, At ms ............_.'as the expressed and in the caps and dwy Notary Public H r I\ L < p r n n 0 g e U 4 LQ 0 SD ACKNOWLEDGMENT FOR INDIVIDUALS THE STATE OF TEXAS l BEFORE ME..---the_upde;s.igned_authnritX------. County of..AriP,p1131n_._...._......._1 -vatary.-P.ubuc.... in and for said County and State, on this day personally appeared..._ o_Wilson_------- known to me, (or proved to me on the oath of.....------------- to be the person--whose name... ie---- ,._subscribed to the foregoing instrument, and acknowledged to me that ..-.-he..--_ execut d the same for the purposes and consideration therein expressed. and in the capacity Cher@nENUeN (U~ b-R MY HAND AND SEAL OF OF , This 7!_~.,¢~y of _?0 . .A. D. 19. _a2a E _IE ALL (LS) -Ho Public_in_e»i for_-Ahgeiins_,Qpuntyr Te s. ACKNOWLEDGMENT FOR HUSBAND AND WIFE THE STATE OF TEXAS BEFORE ME._----- . - _ County of the County of-------- in the State of Texas, on this day personally appeared and his wife, both known to me (or proved to me on the oath of to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. And the said. _ wife of the said._----- - _._..having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said_..._..._... acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This....... ....day of....... A. D. 19 Clerk il{ . OL4(jp PAGE_f' BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 660010 DATE OF COURT MEETING: July 15. 2003 ITEM: Request from Wickson Creek Special Utility District to construct (2) road bores for water line installations in the rights of way of Rustic Oaks Drive (at Grassbur Road) and Twin Creek Circle (at Rustic Oaks Drive). Site is located in Precinct 2 SOURCE OF FUNDS: N/A REQUIREMENTS: A) No work will be permitted between front slope and/or back slope. B) All installations shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways published bytheTexas Department of Transportation, and all other State and Federal laws governing utility construction. II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: L~ Richard F. Vance, P.E. County Engineer 0003-068 \ V Commissioner Duane Peters Precinct 2 Request is Approved.® / Denied ❑ by Commissioners Court Date: Randy Si County Judge VOL 41( PAGE- I ~3 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) _Wickson Creek Special Utility District proposes to place a (type) waterline within- across x the right-of-way of (roadEustic oaks Dr.&Twin Creek ci4n Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. The line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989, 6 The line or lines will be constructed no less than twenty-four inches (24") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after thel4ttday of Juiy 20 03. Firm: Wic on Creek Special Utility District By a -er Title: General Manager Address. P. o. Box 4756 Texas 77805 APPROVED BY COMMISSIONERS' COURT Date Randy Si s, County Judge Phone. 979-589-3030 R,4 y 62.0,0 ~~l1Ci Z 09 - 08-03 ~K 9,5 5,,,31- / TTFO