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 `
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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
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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
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BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON~G i - 200 3 AT G.3o~.N
NAME nRrANr7ATYnwrmcn
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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
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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.
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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:
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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.
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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.
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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
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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
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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 )
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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
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,
p
r, ma
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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-
:
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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_.-.___
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..._to_-an __dfrom .-f-----t--he sa- _.me.. -
with ingress and egress - - -
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TO HAVE AND TO HOLD unto said Magnolia Pipe Line Company, its successors and assigns, for
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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
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except for the purposes here
assigns, which hereby agrees to pay any damages which may arise to crops, timber, or fences from
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the use of said premises for such pu
and determined by three disinterested persons, one thereof to be appointed by the said Grantor-_,
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heirs or assigns; one by Magnolia Pipe Line Company, its successors and assigns; and
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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
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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•
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able or transferable, in whole or in 'part,
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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:
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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{
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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
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