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Home My WebLink About2004-06-29-9:00AM-RegularTHE CO SESSIO~ OF THI BRYAN. 1. Il 2. C~ Consider 4. B~ 5. Pc 6. Pt 7. T~ BI 8. A A C, 9. A R, BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT IMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR ON 29 JUNE 2004 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM BRAZOS COUNTY COURTHOUSE, 300 E. 26TM STREET, SUITE 115, TEXAS. >cation and Pledge of Allegiance - Commissioner Caldwell for citizen's input and/or concerns. ad take action on agenda items 3 - 15 ~roval of the Reimbursement Agreement between the Federal Bureau of Investigation the Brazos County Sheriff's Office. tget Amendment 03/04-35.1 thru 03/04-35.4 sonnel Change of Status. 'ment of Claims. mination of Tax Increment Finance Reinvestment Zone No. 15 agreement between zos County and the City of College Station. 3roval of the Help America Vote Act (HAVA), Title 1, Section 102 Reimbursement ieement between the State of Texas Office of the Secretary of State and Brazos ~nty. ~roval of Brazos County Resolution No. 04-009 required as part of the HAVA rnbursement Agreement. Commissioners Court Agenda 29 June 2004 Page 2 10. 11. 12. 13. si 14. R~ H~ cu tb 15. Pr 16. Ac av 17. Ar 18. Ca 19. A 20. A The Brazos interpretive s Refund Applications for the following: Catalina Marketing Corp. (2) b. Christine & Paul Garcia c. Oscar K. Johnson d. Opal M. Jones estate c/o Odessa Gooden e. MJB Properties L.L.C. f. SCS Real Estate Investments, LTD by the Brazos County Sheriff for approval of the agreement between Brazos and the City of Bryan for disparate sharing of the Local Law Enforcement Block monies for FY 2004-2005. of Brazos County Resolution #04-010 which approves the use of electronic of the County Judge and the County Auditor for the FY 2004 SCAAP award delegating authority to the County Auditor for the acceptance of funds and filing of with the Federal Department of Criminal Justice. by Charles H. Ellis, Jr., Precinct 1 Justice of the Peace, for approval to donate following equipment to Brazos County for use in the Justice of the Peace Precinct 1 a. one Lexmark Z13 inkjet printer, serial number 05420723030 b. one Lexmark Z23 inkjet printer, serial number 08363298497 c. one Visioneer One Touch 5800 USB scanner, model FU66BG serial number 206C014131D 1 duest for permission to enter Margaret Ann Weedon Boles's property located off y Weedon Road for the purpose of cleaning the drainage ditch beginning at the box tert extending south for approximately 300 feet for the health, safety and welfare of general public. Site is located in Precinct 3. ~entation and approval of the Commissioners Court minutes for the following dates: a. 3 February 2004 Regular Meeting b. 10 February 2004 Regular Meeting c. 16 February 2004 Special Meeting d. 24 February 2004 Regular Meeting nowledgement of the Monthly Reports submitted in June 2004. These reports are lable for review in the County Judge's Office. touncement of interest items and possible future agenda topics. for citizen input and/or concerns. ncy / Board / Committee reports by Court members. 3urn. )unty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign rices must be made two business days before the meeting. To make arrangements, call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING JUNE 29, 2004 A regular meeting of the Commissioners' Court of Brazos C¢ lnty, Texas was held in the Brazos County Commissioners lrtroom in the Courthouse in Bryan, Brazos County, Texas, inning at 9:00 a.m. on Tuesday, June 29, 2004 with the lowing members of the Court present: Randy Sims, County Judge, Presiding; Eric Caldwell, 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, Absent. The attached sheet contains the names of the citizens and !icials that were in attendance. Commissioner Caldwell gave the invocation and led the p ~dge of allegiance. There was no citizen input/and or concerns. The Court next considered approval of a Reimbursement A, 'eement between the Federal Bureau of Investigation and the B. .zos County Sheriff's Office. This Agreement is for payment law enforcement officers assigned to the special task force expenses necessary for detection, investigation, and secution of crimes against the United States. On motion b~ Commissioner Peters, seconded by Commissioner Mallard, the V ¢7 PAGE C~ t? P~ t? J¢ F£ f¢ H~ e~ R~ C{ th SU On V ~issionersCou~ meetingJune29,2004 2 irt voted unan±mously to approve the Re±mbursement Agreement :h the Federal Bureau of Investigation. A copy is attached. The Court next considered Budget Amendment #03/04-35.1 ~ough 35.4, which would increase funding for the Emergency ~paredness Grant, set up budget for additional funding for TEEX-Domestic Preparedness Grant, set up budget for the .nt Terrorism Task Force reimbursement agreement between the and Brazos County Sheriff's office and reallocate funds District Attorney's office. On motion by Commissioner lard, seconded by Commissioner Peters, the Court voted ~nimously to approve the budget amendment as submitted, a ~y of which is attached. The Court proceeded to consider the change of status of ~loyees as submitted on the attached Personnel Action uests. On motion by Commissioner Peters, seconded by missioner Mallard, the Court voted unanimously to approve changes as submitted. The Court next considered the following Claims as mitted by the County Treasurer for payment: 20064292 through 20064577 motion by the County Judge, seconded by Commissioner dwell, the Court voted unanimously to approve the Claims as ,mitted. )L %7 PAGE Cou~ meetingJune29,2004 3 The next matter for consideration by the Court was the Dn of Tax Increment Finance Reinvestment Zone No. 15 az ;eement between Brazos County and the city of College S' ~tion. On motion by the County Judge, seconded by 'ssioner Caldwell, the Court voted unanimously to terminate TIF because the Court felt it was never put into place as was originally structured. The Court next considered approval of the Help America ~e Act (HAVA), Title, 1 Section 102 Reimbursement Agreement .ween the State of Texas Office of the Secretary of State and ~zos County. This is a single reimbursement request for ~enditures incurred to replace punch card voting systems or 'er voting systems. On motion by Commissioner Caldwell, :onded by Commissioner Peters, the Court voted unanimously to a .rove the Agreement. A copy is attached. On motion by Commissioner Caldwell, seconded by 'ssioner Peters, the Court voted unanimously to adopt :olution No. 04-009 certifying that the voting system .ipment used by Brazos County was acquired in consultation wi h the County Clerk, Karen McQueen, the County Registrar, 'ald L. "Buddy" Winn and the County Financial Officer, John 'nolds and authorizing the County Judge to act as the horized official to sign on behalf of the County. PAGE 50 C0 T~ C¢ r~ Pe UK of B1 Cc Cc Cc P~ 04 si V ~missionersCou~ meetingJune29,2004 4 s is pursuant to the reimbursement agreement between Brazos lnty and the State of Texas Office of the Secretary of State :suant to Title I, Section 102 of the Help America Vote Act. The next matter for consideration was approval of tax [und applications from the following individuals and/or ~panies: a) Catalina Marketing Corp. (2), OP $323.13 & $703.41 b) Christine & Paul Garcia, OP $11.75 c) Oscar K. Johnson, OP $17.57 d) Opal M. Jones Estate c/o Odessa Gooden, OP $41.40 e) MJB Properties L.L.C., OP $70.00 f) SCS Real Estate Investments, LTD, OP $468.64 refunds are due to Over Payment. On motion by Commissioner ers, seconded by Commissioner Mallard, the Court voted ~nimously to approve the tax refund applications. The Court next considered a request by the Sheriff for ~roval of the agreement between Brazos County and the City Bryan for disparate sharing of the local Law Enforcement ,ck Grant monies for FY 2004-2005. On motion by Missioner Peters, seconded by Commissioner Caldwell, the .rt voted unanimously to approve the agreement. Brazos .nty's cash match is $932.00. On motion by the County Judge, seconded by Commissioner ers, the Court voted unanimously to adopt Resolution No. 010, delegating to the County Auditor the use of electronic 'nature of the County Judge to communicate electronically )L 57 PAGE S7 C0 wJ fJ ft dc E1 hi tk pr Ds E1 sa wh th e¢ ~missionersCou~meetingJune29,2004 5 :h the Federal Department of Criminal Justice for the timely ing of information concerning alien inmates. The County itor will be required to submit to the County Judge a recap ~arizing the purpose of the information transmitted and the ~ding anticipated. The Court next considered authorization for acceptance of tared property by Justice of the Peace, Precinct 1, Charles .is. Judge Ellis has donated the following items for use in office: a) b) c) One (1) Lexmark Z13 inkjet printer, serial number 05420723030 One (1) Lexmark Z23 inkjet printer, serial number 08363298497 One (1) Visioneer One Touch 5800 USB scanner, model FU66BG serial number 206C014131D1 he County Judge asked if we could provide these items for Judge rather than accept the donation. Commissioner ers asked how much it would cost to add the donated ~perty. The Director of the Information Technology ,artment stated that it depended but it would be a minor ,ense. The only real expense would be the HUB Port. Judge is said he has that to donate as well. Commissioner Peters d he felt the Commissioners should save the tax payer money ~never possible and use donated property. The Director of Information Technology Department explained that older ipment may not work well or communicate with the system. )L 57 PAGE Co T~ fa it Cc dc CC ge pe We dr fc UE De dr Cc OD V ~issionersCou~meetingJune29,2004 6 County Judge instructed the Director of the Information hnology Department to meet with Judge Ellis should the vote 1 and get a list of what he needs and the cost of the ms. On motion by Commissioner Peters, seconded by missioner Cauley, the Court voted unanimously to reject the ~ated property. The Court next considered authorizing work outside of tnty rights-of-way for the health, safety and welfare of the teral public. The Road and Bridge Department requested ~mission to enter the private property of Margaret Ann ~don Boles on Hardy Weedon Road in Precinct 3 to clean out a .inage ditch beginning at the box culvert extending south approximately 300 feet. On motion by Commissioner lard, seconded by Commissioner Peters, the Court voted .nimously to authorize the work. The Road and Bridge ~artment will maintain the site as needed to ensure proper .inage of water from the roadway. The Court next considered approval of the minutes of the missioners' Court meetings held in February 2004 on the lowing dates: Regular Meetings - 3rd, l0th, 24th Special Meeting - 16th motion by Commissioner Caldwell, seconded by Commissioner PAGE s Court meeting June 29, 2004 7 ;ers, the Court voted unanimously to approve the minutes as s~ }mitted. The Court acknowledged receipt of the Extension Service r( ~orts for June 2004 and acknowledged receipt of reports from following County and Precinct Offices showing revenues lected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Tax Assessor/Collector Sheriff A :opy of the Officials' reports can be viewed in the County [itor's office. Under announcement of interest items and possible future ac ,nda topics the following spoke: County Judge a) He received a letter from the Constables requesting additional money for gasoline. This will be on next week's agenda. Under citizen input and/or concerns, the following spoke: Ernie Lanie, Director, Information Technology Department PAGE C~ t? tk V tmissionersCou~ meetingJune29,2004 8 a) Alerted everyone of his concern about security on Internet Explorer and Microsoft Outlook Under Agency/Board/Committee reports by Court members, following spoke: County Judge a) He attending a meeting concerning TIF #10, Traditions Golf Course. 97 lots have sold, 67 are pending. This is equal to about 9 million dollars. The lots start at $71,000.00. The TIF is doing well. b) TXU has agreed to run a gas line to the Expo Center site at a cost of $100,000.00. It would have been $850,000.00 if the County used an independent contractor. We will enter into contract with them. Commissioner Cauley a) He expressed his appreciation to all of those who called, came by, sent card etc. while he was in the hospital. There being no further business to come before the Court, meeting was adjourned. )L PAGE T? Jt C¢ B~ m~ q D~ Cc At :rt this the i~ day of ~zos County, Texas. ~.dy S.j,a~s ~ntF" ~udge foregoing minutes of the Commissioners Court meeting held e 29, 2004 have been examined and are approved in open ~dh~ , 200--4, in Bryan, ~ne Peters ~nissioner, Precinct 2 ~niss~ener, PreCinct 4 .est: V )L 'en McQueen .nty ~rk 67 PAGE Eric 'Caidwell r / Cemmissiener, Precinct 1 ~oe nn~n f s sMT ol nl ea-~, Precinc~ BRAZO~ MEETIN( Name COUNTY COMMISSIONERS COURT ON ~ ~, .~,4...~.) 200q AT ~.:OD Organization/Department BRAZO~ MEETIN( ON Name COUNTY COMMISSIONERS COURT 200~ AT Organization/Department author. to thil investl States budget' Counte~ provis~ Agreem~ Federal Sherif~ "agenc 1 payment Terror.' (1) fuJ of ager 2004 s~ REIMBURSEMENT AGREEMENT BETWEEN THE FEDERAL BUREAU OF INVESTIGATION BRAZOS COUNTY SHERIFF'S OFFICE ~suant to Fiscal Year 2004 appropriations as ed by Congress, overtime to police officers assigned task force, for expenses necessary for detection, ation, and prosecution of crimes against the United is authorized subject to the limits set forth in the or this task force as approved by the 2errorism Division, FBI and subject to specific ~ns and conditions as set forth in this Reimbursement ~t. Therefore, it is hereby agreed between the Bureau of Investigation (FBI) and the Brazos County 's Office, hereinafter referred to as " that: The FBI will reimburse the agency for overtime ~ made to officers assigned full-time to the Joint ~m Task Force (JTTF). Currently, the agency has one L-time officer assigned to the JTTF and the number ;y officers entitled to reimbursement in Fiscal. Year ill not exceed one (1). 2~Requests for reimbursement shall be made on a monthl~lbasis and should be forwarded to FBI Headquarters as soo~tas practicable after the first of the month which follow~the month for which reimbursement is requested. Such rg~uests should be forwarded by the appropriate agency superviSor(s) to the F~I Task Force Squad Supervisor and ADIC/S~ for their revmew, approval, and submission. 3 Overtime payments shall'be made directly to the agency ~y the FBI. Payments will be made by way of electr< ~ic funds transfers. Agencies will be required to submit ~ertinent data mandated by Treasury Department regular ~ons to effect, electronic funds transfers. 4 Overtime reimbursement will be calculated at the usual ~ te for which the individual officer's time would be' compens .ted in the absence of this agreement. The FBI will reimbuz e the agency for overtime paid to the officer who works f .ll-time in support of the JTTF in Fiscal Year 2004 (Octobe 1, 2003 to September 30, 2004) up to a 'total amount of $__ per officer per year. Additionally, reimbursement per officer. fo one month peri 11 not exceed $ ~ ¢~~.~ Each request for consideration shall include the name, r nk, ID number, overtime compensation rate, number of ursable hours claimed and the dates of those hours for eac officer whom reimbursement in~ght. Each reimbu certif submit review is acc claime 6 writtel termin, beyond sement request must be accompanied by a cation signed by an appropriate supervisor of the ing department that the request has been personally d, that the information described in this paragraph rate, and the personnel for whom reimbursement is were assigned full-time to JTTF cases. This agreement may be modified at any time by consent of the parties. This agreement may be ted at any time by either party and shall not extend September 30, 2004. Bra BY: Ri~a'r~(T. Garcia Fez fa! Bureau of Investigation iff Chris Kirk os County Sheriff's Office AP : Date: Date: O! members v The follow TI- 2004 budg~ conditions following THE CO~ By: Original: Copies: BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET ¥E3 NO. 03/04-35.1 thru 03/04-35.4 :his the 29th day of June 2004 at a regular meeting of the Commissioners' Court, the following :re present: Randy Sims, County Judge, Presiding Eric Caldwell, 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 tg proceedings were held: WHEREAS, on 29 June 2004 the Court heard and approved a budget amendment for the 2003- year for Brazos County, Texas. EREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen 'hich could not be reasonably included in the original budget adopted 12 September 2003 the tendment(s) to the original are hereby authorized, as described on the attached page(s). )PTED AND APPROVED this the 29th day of June 2004. IISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. ~l~ims, County Judge 2ounty Clerk's Office and attached to the )riginal budget 2ounty Auditor 2ounty Treasurer 2ommissioners' Court Minutes . BUDGET AMENDMENTS i No. 03/04-35.1 6/29/2004 FD DIVII4 [ _iCCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 3552 1802110 DR Computer Software 13,500.00 30 80715 CR Emerl~ency Prepardness. Grant 13,500.00 - Emergency l]l~eparedness Grant- 7/1/03-3/31/05 Increased in f~fl}~ding provided by City of Bryan through TEEX for Homeland Security efforts. 1 BUDGET AMENDMENTS No. 03/04-35.2 6/29/2004 FD DIV kCCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 '460550 Miscellaneous - Other 13,500.00 01 3553 672030 Minor Computer Hardware 13,500.00 City of Colle[ iI Station - TEEX To setup budge for additional funding provided b7 City of College Station to support the TEEX-Do: estic Pre )aredness Grant. 1 BUDGET AMENDMENTS No. 03/04-35.3 6/29/2004 FD DIV !~CCT PROJ DR/CR ACCOUNT blAME Increase Decrease 01 480970 FBI-Terrorist Investigator 10,719.48 01 2810 ,516200 Hourly- Overtime 10,719.48 Joint Terrori ~ nTask Force (JTTF) To setup the btl :lget for the reimbursement agreement between FBI and Brazos County Sheri~'s Office. The reimburse ~ent period is from 10/1/2003 - 9/30/2004 VOL57 ' b5 BUDGET AMENDMENTS No. 03/04-35.4 6/29/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 190001 612100 DR 'Court Costs 33,000.00 01 190001 619700 DP, Witness Reimbursement 3,000.00 01 110015 611300 CR Contingency 36,000.00 District Atto ~ey To reallocate rods to cover court costs for the remainin$ budget year 2003-2004. PERSONNEL CHANGE OF STATUS DATE: June 29, 2004 Personnel " Approve Personnel Change of Status [ EMPLOYEE NAME GUERRERO, JOSE G. FOSTER, ANTHONY D. GREEN, BOBBY J. MAZURKIEWICZ, JAMES M. DISCHARGED NEW HIRE - SEASONAL NEW HIRE - SEASONAL NEW HIRE - SEASONAL SERVICES GREEN, DEBRA RESIGNATION ROBINSON, LEONARD JDO STIPEND (This in Commissioners' Court: June 29, 2004~ /J~ ~ 'Judge's or Commissioner's Signature: to be attached to minutes) Elections Di P.O. Box 12~ Austin, Texa 1vww.sos.gt This Help OF THE SI: 102 of the SECTION 1.1. A b3 1.2. A ad 1.3. C~ Ja R~ 2£ SECTION: 2.1. TI qu SECTION 3.1. A pr, 3. SECTION 4.1. Nc vo 4.2. Nc wi sion ,0 7871 i-2060 e.tx.us The State of Texas Geoffrey S. Connor Secretary of State HELP AMEmCA VOTE ACT (HAVA), TITLE 1, SECTION 102 REIMBURSEMENT AGREEMENT BETWEEN THF. STATE OF TEXAS OFFICE OF THE SECRETARY OF STATE (Bm ,zos COUNTY) ~erica Vote Act reimbursement agreement is made by and between the STATE OF TEXAS, OFFICE ',RETARY OF STATE ("SOS") and BRAZOS COUNTY ("COUNTY") pursuant to Title 1, Section lp America Vote Act (HAVA), Public Law 107-252, October 29, 2002; 42 U.S.C. 15301. GENERAL INFORMATION 'OUNTY is eligible for an amount not to exceed thc number of qualifying precincts (109) multiplied ;3,192.22, Accordingly, thc COUNTY is eligible for a total amount not to exceed $347,951.98. ualifying precinct is a precinct that used a punch card voting system or a lever voting system to dnister the regularly scheduled general election for federal office held in November 2000. ts may be reimbursed for expenditures consistent with this agreement that were incurred on or after tory 1, 2001. Costs consistent with this agreement may bc incurred until December 31, 2005. x~burscmcnts may bc requested up to 60 days after thc funding period expires (i.e., December 31, 5). Any remaining funds will revert back to the United States General Services Administration. USE OF FUNDS COUNTY may request funds to replace punch card voting systems or lever voting systems in !ifying precincts. However, reimbursements will only be made for actual costs for state certified ng equipment up to the total clig~lc reimbursement amount stipulated in Section 1. PAYMENT payments will be made on a cost reimbursement basis. The COUNTY shall adhere to thc following :edure in order to receive payment: 1. Thc COUNTY shall submit a signed copy of this agreement along with a resolution from the governing body (see Section 7 of this agreement). 2. Prior to seeking reimbursement, thc COUNTY must incur thc total costs pursuant to this agreement. 3. The COUNTY is entitled to a single reimbursement request, which must include the actual expenditures; however, the COUNTY will only be reimbursed for the total amount stipulated in Section 1 or actual expenditures, whichever is less. 4. Payments shall be requested by the COUNTY via the SOS HAVA Grant Website Administered by the Public Policy Research Institute at Texas A&M University. CONDITIONS OF FUNDING ater than January 1, 2006, precincts within the requesting county cannot use a punch card or lever ~g system for an election. ater than January 1, 2006, each precinct within the requesting county will have a voting system that be accessible for individuals with disabilities, including non-visual accessibility for the blind and HAVA - Title I, Section 102 Agreement - Page 1 of 4 VOL PAGE 4.1. SECTIO! 5.1. 5 5 5 SECTION 6.1. 6 6 6 6 6. 6. 6. 6. SECTION 7.1. 7. SECTION 8.1. 8. ;ually impaired, in a manner that provides the same opportunity for privacy and independence as other imbursement requests will not exceed actual costs incurred as a result of the replacement of punch card lever voting systems purchased pursuant to this agreement. VOTING MACHINE STANDARDS COUNTY ensures all voting systems comply with the following: 1. Permit voter to verify/review selections before casting the vote. .2. Allow voter to change or correct any error on the ballot before casting the vote. .3. Prevent or alert voter if he/she over-votes on the ballot. .4. Produce a permanent paper record with a manual audit capacity. .5. Be accessible for individuals with disabilities, including non-visual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for privacy and independence as other voters· (This requirement may be met by having at least one DRE or other system equipped for individuals with disabilities at each polling site.) · 6. Provide alternative language accessibility pursuant to the requirements of Section 203 of the Voting Rights Act of 1965. .7. Ensure error rates (machine e_rrors only) do not exceed the Federal Election Commission or Election Assistance Commission standards. .8. Maintain consistency with the uniform definition of what constitutes a vote for each voting system in use in the state. .9. Title 8 of the Texas Election Code. . REMEDIES FOR NONCOMPLIANCE COUNTY fails to comply with any term or condition of this agreement or any applicable statutes, regulations, or guidelines, SOS may take one or more of the following actions: .1. Require the return of funds if disbursements have already been made. .2. Temporarily withhold all payment to the COUNTY pending correction of the deficiency by the COUNTY. .3. Temporarily withhold all payments for other HAVA grant funds awarded to the COUNTY pending correction of the deficiency by the COUNTY. Disallow all or part of the cost of the activity or action that is not in compliance. .5. Impose administrative sanctions, other than fines, on the COUNTY. .6. Withhold further HAVA grants funds from the COUNTY. .7. Terminate the agreement in whole or in part. .8. Exercise other remedies that may be legally available. RESOLUTION FROM THE GOVERNING BODY COUNTY shall submit with this agreement a resolution from its governing body which includes, at a the following: 1. Commissioners Court has agreed that the voting system equipment pursuant to the reimbursement agreement between County and the State of Texas, Office of the Secretary of State pursuant to Title I, Section 102 of the Help America Vote Act will be acquired in consultation with the county clerk, the county registrar, or the election administrator (if the county has one), and the county financial officer (which must be the county treasurer or auditor). Commissioners Court has agreed that in the event of loss, misuse, or noncompliance of the Secretary of State funds, Commissioners Court assures that the funds will be returned to the Office of the Secretary of State in full. 3. Commissioners Court has agreed that the county judge will serve as the COUNTY authorized official. The authorized official is the signing authority on behalf of the COUNTY. CERTIFIED ASSURANCES duly authorized representative of the COUNTY, I certify that the COUNTY: Will not construe the availability of these funds to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: the Voting Rights Act of 1965 (42 U.S.C. 1973 ct seq.); the Voting Accessibility for the Elderly and v0t ¢7 HAVA - Title I, Section 102 Agreement - Page 2 of 4 Handicapped Act (42 U.S.C. 1973ee et seq.); the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973fret seq.); the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.); the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). .2. Will allow the awarding agency, the Comptroller General of the United States, the State Auditor's Office, any successor agency, or duly authorized representative to audit or investigate the expenditure of funds under this agreement. The COUNTY further agrees to cooperate fully with the audit or investigation, including providing all records requested such as papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. The COUNTY will ensure that this clause concerning the authority to audit or investigate state funds received indirectly by subcontractors through the COUNTY, along with the requirement to cooperate, is included in any subcontract it awards. .3. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this agreement. 8 .4. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8 .5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 8..6. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§47284763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 8..7. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of'1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or fmancing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 8. 8. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 8. 10. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements. 8. 11. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234), which requires recipients in a special flood VOL HAVA - Title I, Section 102 Agreement - Page 3 of 4 hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. · 12. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). .13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) relating to protecting components or potential components of the national wild and scenic rivers system. · 14. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and theArchaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 etseq.). · 15. Will comply with P.L. 93-348, regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. · 16. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. · 17. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. · 18. Will cause to be performed the required fmancial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." · 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program- including the Uniform Grant Management Standards published by the Texas Governor's Office of Budget and Planning. ice of the Secretary of State Authorized Signature 4/22/2004 /A~r~zos County Date IA uthorized Signature Date HAVA - Title I, Section 102 Agreement - Page 4 of 4 BRAZOS CC pursuant to the Texas Office o Act was acquk Gerald L. "Bu~ BRAZOS CC noncompliance the funds will BRAZOS CC COUNTY auth COUNTY. PASSED, APP Commissim Pre~ Commissio ATTEST: BRAZOS COUNTY BRYAN. TEXAS BRAZOS COUNTY RESOLUTION [NTY Commissioners Court. has agreed that the voting system equipment eimbursement agreement between Brazos County (COUNTY) and the State of :he Secretary of State pursuant to Title I, Section 102 of the Help America Vote in consultation with the County Clerk, Karen McQueen, the County Registrar, r" Winn, and the County Financial Officer, John Reynolds; and NTY Commissioners Court has agreed that in the event of loss, misuse, or f the Secretary of State funds, Brazos County Commissioners Court assures that returned to the Office of the Secretary of State in full. qTY Commissioners Court has agreed that the County Judge will serve as the · ized official. The authorized official is the signing authority on behalf of the OVED AND ADOPTED this _0Q~~-- day of ,2004. r Eric Caldw~ell Commissioner Duane Peters mt 1 Precinct 2 [ciKnec~7 Mall~ ~o~issi~ner ~:~ C~'uley/ ' Precinct 4 / ounty Cler~ In conjunctim TEXAS has e compensation that the progr~ federal govern and receipt w: County. The Randy Sims, £ WHEI~ flexibility to c does authorize the Alien Assi., WHEI~ the timely illin the CEO to d signature, and County Audito NOW, that, subsequer will submit to 1 the information PASSED, APl~ Commis: Commissic ATTEST: ~.. Karen McQueer BRAZ0S COUNTY I~tRYAN, TEXA6 BRAZOS COUNTY RESOLUTION with the contract which the Commissioners Court of BRAZOS COUNTY, ered into with VERTEX CORPORATION to assist with obtaining maximum ith regard to the federal alien inmate assistance program, the Court is now aware t requires that all reporting to the federal government and all funding from the ent will take place via electronic media. The Court is now aware that such filing require the electronic signature of the "CEO" (chief elected officer) for the EO for Brazos County is recognized by the Criminal Justice Department to be unty Judge. Therefore: ',AS, the Commissioners' Court, recognizing the need for the County to have the nmunicate electronically with the Federal Department of the Criminal Justice, ae County Judge to do so through the use of providing electronic signatures for race Program; ;AS, the Commissioners' Court does further acknowledge that in order to insure of information with the Federal Department of the Criminal Justice will require :gate responsibility for the use of the application of the accepted electronic >es hereby grant the CEO the ability to delegate such authority to the Brazos and 'HEREFORE, BE IT RESOLVED the Commissioners' Court does require to such use of the electronic signature of the CEO, the County Auditor's Office County Judge for review and examination a recap summarizing the purpose of :ansmitted and the funding anticipated. .OVED AND ADOPTED this ~ day of ,2004. Kenny Mall; 3 Commissioner Duane Peters Precinct 2 ounty Clerk BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPAR] DATE O vlENT Road and Bridqe NUMBER 560010 COURT MEETING: June 29, 2004 ITEM: P~ Weedon culvert e the .qen( SOUR( PRESEh · mission to enter Marqaret Ann Weedon Boles's property located off Hardy goad for the purpose of cleaninq the drainaqe ditch beginning at the box :ending south for approximately 300 feet for the health, safety and welfare of ~1 public. Site is located in Precinct 3. OF FUNDS: 'ATION: N/A Si will be maintained as needed to ensure proper drainage of water from th y. SUBMI'~ BY: Richard I County E CC04-07 Vance, P.E. ~gineer This Re~ [~jest is Approved ~(or) Denied Date: ~ Rlldy~,~ County Judge APPROVED BY: pC~en~ic~Sicner ~nny Mallar(~ by Commissioners' Court VOL 5-) PAGE Kenny Comml II. III. at IV. (Owne Richa~ Court Own BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Shns County Judge Duane Peter loner Pot 1 Commissioner Pet 2 allard Carey Caulcy, Jr. ionex Pet 3 Commissioner Pet 4 Date June 17, 2004 LAND OWNER AND ADDRESS Mrs. Margaret Ann Weedon Boles 5120 Grand Lake Street Bellaire, Texas 77401 LOCATION OF WORK Hardy Weedon Road DESCRIPTION OF WORK TO BE DONE po~ ~ ~ ~.. ~ox c~ly~t south for approximately 300 feet for drainage pqrposes. ditch MAINTENANCE YES x NO IF YES~ ESTIMATED FREQUENCY OF MAINTENANCE As needed.. ~ill be notified prior to maintenance) F. Vance, P.E. Engineer '-" ' /Rig~t'o~ Way Agent 's Signature:?lQ ~~ .~.f~-, ~/Date /