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HomeMy WebLinkAbout2004-09-07-9:00AM-Regular6LED 10UU P-3 A D35 V~W~W LN.:CUr<TY CLERK _ A ` . Uhl-. BRYAN. TEXAS BRAZOS COUNTY EY;_-PUTY BRYAN. TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE C MISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, SEPTE ER 7, 2004 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZO ! COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard. 2. 1 1 Call for citizen input and/or concerns. nd take action on agenda items 3 - 21: 3. Proclamation establishing October 4-8, 2004 as "Lawsuit Abuse Awareness Week". 4. 1''Budget Amendments 03/04-45.1 thru 03/04-45.10. 5. j1 Personnel Changes of Status. 6. Payment of Claims. 7. Re-approval of the "Comprehensive Underage Drinking Enforcement Program" Grant greement with the Texas Department of Transportation. 8. Approval of an addendum to the Agreement with ACS/Government Records Services for providing computer services and adding internet services and back history additions. 9. I Approval of Alien Assistance Program Initiative with Justice Benefits, Incorporated. 10. Approval of presiding judges and alternate judges for elections conducted by Brazos County. 11. 11 Approval of the Salary Schedule for FY 2005. VOL k I PAGE___ I ers Court Meeting Agenda ,2004 Page Two 12. Re, cor 13. Rey st by Charles Ellis, Jr., Justice of the Peace, Precinct 1 for permission to purchase a ter from WTI, Inc. using monies from the J.P. Technology Fund. t by Information Technology Department to purchase a server and operating system to be used with the GIS mapping services for the Road and Bridge Department. 14. Re est by Information Technology Department for custom programming to be performed by Sun and Pentamation totaling $27,300 and approval of requisition. 15. Aut rization to advertise for the following bids for the Road & Bridge Department: j a. Bid #2004-046, Flexible Base/Screenings/Sand/Riprap/3-6" Aggregate. b. Bid #2004-048, Aggregate for Surface Treatment. 16. Aw of annual contract for rental of portable toilets at the Citizens Collection Sites to BCS Sto nd Go Potties. 17. App val for Spencer J. Buchanan Associates, Inc. to conduct a Phase H Environmental Site Ass sment on the David Cryan property in Bryan, Texas. 18. Award of annual contract for termite control to Terminix. 19. Req st to purchase a microfiche reader for the District Attorney's Office from Canon U.S.A. to b installed by IKON Office Solutions and approval of requisition. 20. Req st by Road & Bridge Department for permission to enter Raymond Watson's property loca ' off Hopes Creek Road for the purpose of removing two dead trees partially in the cou right-of-way. Site is located in Precinct 1. 21. App 'val of the replat of Stone Creek Farms Phase 1, 43.968 Acres. Block 1-Lots 1 thru 8, Bloc 2-Lots 1 thru 3 and Block 3-Lot 1. Site is located in Precinct 2. 22. Ac wledgement of Monthly Reports for August, 2004. 23. Ann ncement of interest items and possible future agenda topics. 24. Call 1:r citizen input and/or concerns. 25. Agen# / Board / Committee reports by Court members. VOL I PAGE issigjers Court Meeting Agenda iberl , 2004 Page 26. Co ene into Executive Session pursuant to §551.074 of the Texas Government Code to dis ss possible personnel action regarding the Director of Information Technology. 27. Cogjider and take action on Executive Session. 28. Adj The Courtuse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interp tive services must be made two business days before the meeting. To make arrangeme , call (979) 361-4102. VOL b I PAGE 3 COMMISSIONERS' COURT Cd f REGULAR MEETING SEPTEMBER 7, 2004 A regular meeting of the Commissioners' Court of Brazos .inty, Texas was held in the Brazos County Commissioners Ct~rtroom in the Courthouse in Bryan, Brazos County, Texas, bfpinning at 9:00 a.m. on Tuesday, September 7, 2004 with the lowing members of the Court present: Randy Sims, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct l; 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 sheets contain the names of the citizens and of :ficials that were in attendance. Commissioner Mallard gave the invocation and led the pjjdge of allegiance. There was no citizen input/and or concerns. The County Judge read aloud a Proclamation designating O ober 4 through 8, 2004 as "Lawsuit Abuse Awareness Week" in B zos County. The Court encourages all Texas to be mindful o 'the many benefits of tort reform in maintaining balance in o ' civil justice system and to recognize the importance of t s issue to the economic climate of our state. On motion by t County Judge, seconded by Commissioners Caldwell, Peters, L 61 PAGE 4 C issioners Court meeting September 7, 2004 2 Mallard and Cauley the Court moved to proclaim the week of 0 obey 4 through 8, 2004 as "Lawsuit Abuse Awareness Week" t oughout Brazos County. The Court next considered Budget Amendment #03/04-45.1 tough 45.10, which would reallocate funds for the Road and B 'dge Department (3), Ag Extension Service, Sheriff A inistration (2), Personnel Administration, 272nd District Ca rt, General Permanent Improvements, and Commissioners C rt- Non Departmental. On motion by Commissioner Cauley, s onded by Commissioner Peters, the Court voted unanimously t 'approve the budget amendment as submitted, a copy of which i i The Court proceeded to consider the change of status of loyees as submitted on the attached Personnel Action R uests. On motion by Commissioner Caldwell, seconded by C issioner Mallard, the Court voted unanimously to approve the c nges as submitted. Then after consideration on motion by C issioner Cauley, seconded by Commissioner Peters the Court v ed unanimously to amend the motion to approve all changes subject to a satisfactory background check still pending on the a lication for the Building Maintenance position. The Court next considered the following Claims as submitted b the County Treasurer for payment: L b l PAGE 6 0 missioners Court meeting September 7, 2004 3 20066656 through 20066848 motion by Commissioner Peters, seconded by Commissioner C+~dwell, the Court voted unanimously to approve the Claims as siltbmitted. The next matter before the Court was the re-approval of the "Tomprehensive Underage Drinking Enforcement Program" Grant A 'eement with the Texas Department of Transportation. There are s one changes this year, a slight increase from the current fiscal y is budget, and the performance goals and indicators have also i reased slightly. The grant is 53.33 percent Federally funded a 46.67 percent funded by Brazos County. On motion by C issioner Peters, seconded by Commissioner Cauley, the Court v ed unanimously to re-approve the "Comprehensive Underage Drinking Enforcement Program" Grant Agreement with the Texas D artment of Transportation. The Court next considered approval of an Addendum to the Agreement with ACS/Government Records Services for providing c puter services and adding internet services and back history a itions for the County Clerk's records. ACS/GRS will place the B zos County Clerk's records on line. On motion by the County J ge, seconded by Commissioner Cauley, the Court voted nimously to table this item. The next matter before the Court was approval of the Alien L 6 / PAGE 6 C missioners Court meeting September 7, 2004 4 A istance Program Initiative with Justice Benefits, Incorporated ( I). To help offset underpayment for housing illegal aliens in t County Jail, JBI will develop cost data, secure the necessary d a required to document qualified inmates and prepare the Alien A 'istance claims. On motion by Commissioner Peters, seconded by C ' issioner Cauley, the Court voted unanimously to approve the A ''en Assistance Program Initiative with Justice Benefits, I 'orporated. A copy is attached. On motion by Commissioner Cauley, seconded by Commissioner P ers, the Court voted unanimously to appoint the following persons as presiding judge and alternate judge for the current v;ing year at the following voting precincts: P ft # Election Judge Alternate Judge 4 /79/ 4 1 2 2 2 3 4 V 28a/42 Gerald Rieger (D) Susie Cohen (9-11-04 election only) Wesley James (D) John D. Blakely(D) Judy King (D) Vi Cook (D) Peggy Watson(D) Cttral Count Manager Bea Green (9-11-04 election only) Celia Goode-Haddock Ct~tral Count Judge Flo Workman C tral Count Tabulators Crae Crouse (Presiding) Tracy Price (Alternate) Tim Clark Cory Blum E ly Voting Ballot Board Barbara Petty 'VOL PAGE Court meeting September 7, 2004 5 Bernice Lewis Flo Workman Minnie Davila jl The next matter for consideration by the Court was r roval of the Salary Schedule for FY 2005. On motion by C issioner Peters, seconded by Commissioner Cauley, the C rt voted unanimously to approve the attached schedule. The Court next considered a request by Charles Ellis, Jr., Justice of the Peace, Precinct 1, for permission to p 'chase a computer from WTI, Inc. using monies from the J.P. T' hnology Fund. On motion by Commissioner Caldwell, i s onded by Commissioner Peters, the Court voted unanimously tjljapprove the purchase. The next matter before the Court was a request from the Ifformation Technology Department to purchase a server and o 'rating system license to be used with the GIS mapping s vices for the Road and Bridge Department. Total cost is $6.084.00. On motion by Commissioner Cauley, seconded by C , issioner Caldwell, the Court voted unanimously to approve tit' purchase with funds coming from the Road and Bridge D#artment budget. The Court next considered a request from the Information T hnology Department for approval for custom programming t aling $27,300.00 to be performed by SunGard Pentamation. L 6 I PAGE 9' C issioners Court meeting September 7, 2004 C issioner Peters asked if someone in the IT Department c ldn't do this, whereupon he was told that SunGard had to d j it. On motion by Commissioner Cauley, seconded by C issioner Mallard, the Court voted unanimously to a ihorize the programming and approve payment of the requisition. Funding will come from Capital Improvements. The next matter for consideration was approval for the P 'chasing Agent to advertise the following bids: a) Bid #2004-046, Flexible Base, Screenings, Sand, Riprap, 3-6" Aggregate b) Bid #2004-048, Aggregate for Surface Treatment i 0 motion by Commissioner Peters, seconded by Commissioner C ley, the Court voted unanimously to authorize the P chasing Agent to advertise the previously noted bids. The Court next considered awarding the contract for P table Toilet Rental. Pat Howard, Purchasing Agent, I r' ommended awarding the contract to BCS Stop and Go Potties. O motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the r ,,=mendation of the Purchasing Agent and award the contract to!, BCS Stop and Go Potties. A copy of the quote tabulation i attached. The next matter before the Court was approval for S ncer J. Buchanan Associates, Inc. to conduct a Phase II L ~ / PAGE 9 6 C issioners Court meeting September 7, 2004 E ironmental Site Assessment on the David Cryan property in B an, Texas. Cost of the site assessment will be $8,735.00. motion by Commissioner Peters, seconded by Commissioner lard, the Court voted unanimously to proceed with the site a$ilsessment. The Court next considered awarding the annual contract f termite control. The Purchasing Department Buyer r ommended awarding the contract to Terminix. Cost of service is $4,140.00. On motion by Commissioner Peters, onded by Commissioner Cauley, the Court voted unanimously award the contract to Terminix for fiscal year 2004-2005 with the option to renew for a second year. A copy of tm~ tabulation sheet is attached. The next matter before the Court was the purchase of a m rofiche reader from Canon U.S.A. to be used by the D trict Attorney's Office, installed by IKON Office S utions and approval of the requisition i for payment. The p 'chase price is $5,068.00. On motion by Commissioner C ley, seconded by Commissioner Peters, the Court voted nimously to approve the purchase of the microfiche reader the requisition for payment. The Court next considered authorizing work outside of ty rights-of-way for the health, safety and welfare of 6 I PAGE ID L 7 C issioners Court meeting September 7, 2004 g t general public. The Road and Bridge Department requested p !mission to enter the private property of Raymond Watson on H 'es Creek Road in Precinct 1 to remove two dead trees p tially in the county right-of-way. On motion by Commissioner Caldwell, seconded by Commissioner Peters, the C rt voted unanimously to authorize the work. The Court next considered approval of the Re-Plat of S ne Creek Farms Phase 1, 43.968 Acres (Block 1, Lots 1 t ,rough 8, Block 2, Lots 1 through 3, Block 3, Lot 1) , in Precinct 2. Richard Vance, County Engineer, stated that he h reviewed the plat and offered the following comment: 1) add subdivision boundary field notes to plat. O i motion by Commissioner Peters, seconded by Commissioner C ley, the Court voted unanimously to approve the Re-Plat of S ne Creek Farms Phase 1, 43.968 Acres (Block 1, Lots 1 t ough 8, Block 2, Lots 1 through 3, Block 3, Lot 1) subject t the developer complying with the exception noted by the C*nty Engineer. The Court acknowledged receipt of the Extension Service r orts for July 2004 and acknowledged receipt of reports f m the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 L (p / PAGE / ioners Court meeting September 7, 2004 9 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff At opy of the Officials' reports can be viewed in the County A itor's office. There were no announcements of interest items and possible fj~fture agenda topics. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court m(F 4nbers. At 9:25 a.m. the County Judge announced the meeting closed the public so that the Court could meet in Closed Executive Sl sion to discuss the possible personnel action regarding the D! ector of Information Technology as allowed under Section 551.074 of the Texas Government Code. At 10:40 a.m. the County Judge announced the meeting open to the public. The County Judge moved to terminate the Director of the Information Technology Department, change the 1 ks on the doors and the passwords at the IT Department, a~(ked Commissioners Caldwell and Cauley to continue to serve a~'Jliaisons to the IT Department and to hire a consultant to h~'!~p find a replacement director. The motion was seconded by L 6 J PAGE la C issioners Court meeting September 7, 2004 10 C issioner Peters. Mr. Laney stated that he had been with tlip County since 1987 and asked the Court to reconsider his termination. Commissioners Caldwell, Peters and Mallard v ed "Aye". Commissioner Cauley voted "Nay". The motion c ried. There being no further business to come before the Court, i t meeting was adjourned. L CP I PAGE 13 T foregoing minutes of the Commissioners Court meeting held S tember 7, 2004 have been examined and are approved in open C rt this the day of 2004, in Bryan, B zos County, Texas. R dy Sims C ~nty Judge D'ne Peters C issioner, Precinct 2 C iry Cauley, Jr. C issioner, Precinct 4 Attest: K rty n McQueen C Clerk L (0 / PAGE 14 Eric Caldwell Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 COMMISSIONERS' COURT REGULAR MEETING C C b f 01 SEPTEMBER 7, 2004 A regular meeting of the Commissioners' Court of Brazos znty, Texas was held in the Brazos County Commissioners >irtroom in the Courthouse in Bryan, Brazos County, Texas, ;inning at 9:00 a.m. on Tuesday, September 7, 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 sheets contain the names of the citizens and ~ficials that were in attendance. Commissioner Mallard gave the invocation and led the Pa .judge of allegiance. There was no citizen input/and or concerns. l The County Judge read aloud a Proclamation designating ober 4 through 8, 2004 as "Lawsuit Abuse Awareness Week" in B zos County. The Court encourages all Texas to be mindful o ,the many benefits of tort reform in maintaining balance in o civil justice system and to recognize the importance of t s issue to the economic climate of our state. On motion by t County Judge, seconded by Commissioners Caldwell, Peters, L & / PAGE /,6 C issioners Court meeting September 7, 2004 2 M lard and Cauley the Court moved to proclaim the week of 0q.1--obey 4 through 8, 2004 as "Lawsuit Abuse Awareness Week" t oughout Brazos County. The Court next considered Budget Amendment #03/04-45.1 t ough 45.10, which would reallocate funds for the Road and Br" dge Department (3), Ag Extension Service, Sheriff A inistration (2), Personnel Administration, 272nd District Ca rt, General Permanent Improvements, and Commissioners C rt- Non Departmental. On motion by Commissioner Cauley, s onded by Commissioner Peters, the Court voted unanimously t '!,approve the budget amendment as submitted, a copy of which All attached. The Court proceeded to consider the change of status of loyees as submitted on the attached Personnel Action Requests. On motion by Commissioner Caldwell, seconded by Commissioner Mallard, the Court voted unanimously to approve the c nges as submitted. Then after consideration on motion by C issioner Cauley, seconded by Commissioner Peters the Court v ed unanimously to amend the motion to approve all changes i s ject to a satisfactory background check still pending on the i a ~lication for the Building Maintenance position. The Court next considered the following Claims as submitted bM the County Treasurer for payment: L (v! PAGE l ~ ioners Court meeting September 7, 2004 20066656 through 20066848 3 04j motion by Commissioner Peters, seconded by Commissioner Ci.,dwell, the Court voted unanimously to approve the Claims as tted. The next matter before the Court was the re-approval of the rehensive Underage Drinking Enforcement Program" Grant A eement with the Texas Department of Transportation. There are s e changes this year, a slight increase from the current fiscal y is budget, and the performance goals and indicators have also i Teased slightly. The grant is 53.33 percent Federally funded l a 46.67 percent funded by Brazos County. On motion by C issioner Peters, seconded by Commissioner Cauley, the Court ed unanimously to re-approve the "Comprehensive Underage D .-inking Enforcement Program" Grant Agreement with the Texas D artment of Transportation. The Court next considered approval of an Addendum to the eement with ACS/Government Records Services for providing puter services and adding internet services and back history itions for the County Clerk's records. B~azos County Clerk's records on line. ACS/GRS will place the on motion by the County ge, seconded by Commissioner Cauley, the Court voted unanimously to table this item. The next matter before the Court was approval of the Alien OL 6/ PAGE / 17 C missioners Court meeting September 7, 2004 4 A 'istance Program Initiative with Justice Benefits, Incorporated ( I). To help offset underpayment for housing illegal aliens in t County Jail, JBI will develop cost data, secure the necessary data required to document qualified inmates and prepare the Alien A istance claims. On motion by Commissioner Peters, seconded by C issioner Cauley, the Court voted unanimously to approve the Alien Assistance Program Initiative with Justice Benefits, I 'orporated. A copy is attached. On motion by Commissioner Cauley, seconded by Commissioner P ers, the Court voted unanimously to appoint the following persons as presiding judge and alternate judge for the current v l ing year at the following voting precincts: Ptilt # Election Judge Alternate Judge 4 ilc/79/ 4' 1I 2 2 2 3, 4 i/28a/42 Gerald Rieger (D) Susie Cohen (9-11-04 election only) Wesley James (D) John D. Blakely (D) Judy King (D) Vi Cook (D) Peggy Watson(D) Ct~ntral Count Manager Bea Green (9-11-04 election only) Celia Goode-Haddock tral Count Judge Flo Workman C tral Count Tabulators Crae Crouse (Presiding) Tracy Price (Alternate) Tim Clark Cory Blum ; rly Voting Ballot Board Barbara Petty OL CP / PAGE missioners court meeting September 7, 2004 5 Bernice Lewis Flo Workman Minnie Davila al The next matter for consideration by the Court was roval of the Salary Schedule for FY 2005. On motion by issioner Peters, seconded by Commissioner Cauley, the t voted unanimously to approve the attached schedule. The Court next considered a request by Charles Ellis, J Justice of the Peace, Precinct 1, for permission to p 'chase a computer from WTI, Inc. using monies from the J.P. T hnology Fund. On motion by Commissioner Caldwell, s onded by Commissioner Peters, the Court voted unanimously t~l,japprove the purchase. The next matter before the Court was a request from the IW ormation Technology Department to purchase a server and opo rating system license to be used with the GIS mapping s~rvices for the Road and Bridge Department. Total cost is $ 51, 084.00. On motion by Commissioner Cauley, seconded by C issioner Caldwell, the Court voted unanimously to approve t'e purchase with funds coming from the Road and Bridge Department budget. The Court next considered a request from the Information T chnology Department for approval for custom programming tltaling $27,300.00 to be performed by SunGard Pentamation. OL Co ) PAGE l9 Cod i issioners Court meeting September 7, 2004 6 C issioner Peters asked if someone in the IT Department c ldn't do this, whereupon he was told that SunGard had to d it. On motion by Commissioner Cauley, seconded by C issioner Mallard, the Court voted unanimously to a horize the programming and approve payment of the requisition. Funding will come from Capital Improvements. The next matter for consideration was approval for the P chasing Agent to advertise the following bids: a) Bid #2004-046, Flexible Base, Screenings, Sand, Riprap, 3-6" Aggregate b) Bid #2004-048, Aggregate for Surface Treatment O motion by Commissioner Peters, seconded by Commissioner C ley, the Court voted unanimously to authorize the P,~ chasing Agent to advertise the previously noted bids. i The Court next considered awarding the contract for P'rtable Toilet Rental. Pat Howard, Purchasing Agent, r commended awarding the contract to BCS Stop and Go Potties. O motion by Commissioner Cauley, seconded by Commissioner i Piers, the Court voted unanimously to accept the r' commendation of the Purchasing Agent and award the contract t~ BCS Stop and Go Potties. A copy of the quote tabulation i attached. The next matter before the Court was approval for S encer J. Buchanan Associates, Inc. to conduct a Phase II OL (o l PAGE C)D C issioners Court meeting September 7, 2004 E ironmental Site Assessment on the David Cryan property in B an, Texas. Cost of the site assessment will be $8,735.00. 0 motion by Commissioner Peters, seconded by Commissioner M lard, the Court voted unanimously to proceed with the site a essment. The Court next considered awarding the annual contract f termite control. The Purchasing Department Buyer r '.ommended awarding the contract to Terminix. Cost of service is $4,140.00. On motion by Commissioner Peters, s Ionded by Commissioner Cauley, the Court voted unanimously t award the contract to Terminix for fiscal year 2004-2005 a with the option to renew for a second year. A copy of t tabulation sheet is attached. The next matter before the Court was the purchase of a m! rofiche reader from Canon U.S.A. to be used by the District Attorney's Office, installed by IKON Office S'lutions and approval of the requisition for payment. The ; p rchase price is $5,068.00. On motion by Commissioner C uley, seconded by Commissioner Peters, the Court voted unanimously to approve the purchase of the microfiche reader aid the requisition for payment. The Court next considered authorizing work outside of c unty rights-of-way for the health, safety and welfare of OL ~ i PAGE d / 7 C issioners Court meeting September 7, 2004 t general public. The Road and Bridge Department requested p mission to enter the private property of Raymond Watson on Iles Creek Road in Precinct 1 to remove two dead trees p tially in the county right-of-way. On motion by C issioner Caldwell, seconded by Commissioner Peters, the C' rt voted unanimously to authorize the work. The Court next considered approval of the Re-Plat of S ne Creek Farms Phase 1, 43.968 Acres (Block 1, Lots 1 t ough 8, Block 2, Lots 1 through 3, Block 3, Lot 1) , in Precinct 2. Richard Vance, County Engineer, stated that he h reviewed the plat and offered the following comment: 1) add subdivision boundary field notes to plat. O motion by Commissioner Peters, seconded by Commissioner C ;ley, the Court voted unanimously to approve the Re-Plat of S !one Creek Farms Phase 1, 43.968 Acres (Block 1, Lots 1 t ough 8, Block 2, Lots 1 through 3, Block 3, Lot 1) subject t the developer complying with the exception noted by the CoI inty Engineer. The Court acknowledged receipt of the Extension Service r orts for July 2004 and acknowledged receipt of reports f';om the following County and Precinct Offices showing rUvenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 OL 61 PAGE ol R 8 ioners Court meeting September 7, 2004 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff b I PAGE A opy of the Officials' reports can be viewed in the County A itor's office. 9 There were no announcements of interest items and possible f#ure agenda topics. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court ers. At 9:25 a.m. the County Judge announced the meeting closed t the public so that the Court could meet in Closed Executive S sion to discuss the possible personnel action regarding the Director of Information Technology as allowed under Section 51'1.074 of the Texas Government Code. At 10:40 a.m. the County Judge announced the meeting o n to the public. The County Judge moved to terminate the D"rector of the Information Technology Department, change the 1 'cks on the doors and the passwords at the IT Department, ahked Commissioners Caldwell and Cauley to continue to serve ab liaisons to the IT Department and to hire a consultant to lp find a replacement director. The motion was seconded by OL a3 C t t issioners Court meeting September 7, 2004 issioner Peters. Mr. Laney stated that he had been with County since 1987 and asked the Court to reconsider his mination. Commissioners Caldwell, Peters and Mallard 'ed "Aye". Commissioner Cauley voted "Nay". The motion 10 c ried. There being no further business to come before the Court, t meeting was adjourned. OL ~ I PAGE P4 Tn foregoing minutes of the Commissioners Court meeting held S fttember 7, 2004 have been examined and are approved in open C rt this the day of ~S' 2005, in Bryan, B zos County, Texas. y~ ,~1 JR:~ dy SLloyd Wasserman my Judge Commissioner, Precinct 1 ne Peters missioner, Precinct 2 ~ r y C u ey, Jr. oPre /in CoVissiner, ct 4 At est: 'I ~Irnty n McQueen Clerk C Ab--.<n e Kenny Mallard Commissioner, Precinct 3 L b ) PAGE a15 BRAZO MEETING I COUNTY COMMISSIONERS COURT ON O 2004 AT Name Organization/Department 00 7q t X2 ~~rrc -fit. ~ TCE VOL Col PAGE ~lv BRAZO MEETING S COUNTY COMMISSIONERS COURT ON Q 200y AT , (3 04p, Name Organization/Department s r VOL6LFAGE o2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEAR NO. 03/04-45.1 -03/04 -45.10 this the 7h day of September, 2004 at a regular meeting of the Commi ioners' Court, the following members were 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. The f4 lowing proceedings were held: T WHEREAS, on September 7, 2004 the Court heard and approved a budget endment for the 2003-2004 budget year for Brazos County, Texas. an expenditure is necessary due to the necessity to meet unusua ,and unforeseen conditions which could not be reasonably included in th original budget adopted September 12, 2003 the following amendm t(s) to the original are hereby authorized, as described on the attach*0 page(s). AND APPROVED this the 7th day of September, 2004. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Randy Sims, County Judge Origin County Clerk's Office and attached to the original budget Copies:' County Auditor County Treasurer Commissioners' Court Minutes VOL 11PAGE v~ BRAZOS COUNTY, TEXAS _ BUDGET AMENDMENTS No. 03/0445.1 9/7/2004 FD DI ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 560 0 710700 CR GIS Support & Maintenance 13,172.00 01 560 0 802115 DR Computer Software - GIS 13,172.00 I Road 41JBridge Administration ITo reallicate funds to correctly classify cost of software. Date: By, ifj ;Approved By: 04, [--:Date:' VOL ~0I PAGE vC BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS _ No. 03/04-45.2 9/7/2004 FD DIV ! ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 5600 611300 CR Contingency 78,479.00 01 5600 650500 DR Building Maintenance 1,550.00 01 5600 653500 DR Gasoline 13,136.00 01 5600 652500 DR Diesel 12,350.00 01 5600 656700 DR R&B Maintenance-General 12,000.00 01 5600 657100 DR R&B Right of Way Acquisition 25,000.00 01 5600 710200 DR Computer Contracts 443.00 01 5600 715000 DR Rental - Equipment 14,000.00 Road & r idge Admin istration To reall ate funds for o erating ex enses for the remainder of fiscal year. Prepared By: Date:' ►tj 9/2/2004 Approved By: Date: VOL & / PAGE 3U BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-45.3 9/7/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 3700 591000 CR DDEA 1,350.00 01 3700 606000 DR Office Supplies 700.00 01 700 ) 1 672860 DR Equipment - Other 625.00 01 3700 654000 DR Ground Maintenance 25.00 County V riculture Extension To reall ate funds for t he cost of o erating ex enses for the remainder of fiscal year. Prepared By: Date:; ifj' 9/2/2004 Approved By: Date: VOL PAGE oil BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/0445.4 9/7/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 61 1100 611300 CR Contingency 14,000.00 O1 280001 1 653500 DR Gasoline 14.000.00 Sheriff administration I I I ITo reallcHate funds for the increase cost of gasoline for the remainder of fiscal vear. Prepared By: Date: ifj 9/2/2004 Approved Date: YOL-.&LPAGE 3a _ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-45.5 9/7/2004 FD DIV li ACCT PROJ DR/T_ CR ACCOUNT NAME Increase Decrease 01 1500 673420 CR Furniture 300.00 01 150001 1 654500 DR Office Equipment Maintenance 300.00 IPerson4l - Administration To reallddEate funds for the cost of a replacement telephone. Prepared By: ifj Approved By; Date: 11 9/2/2004 Date: VOL 61 PAGE 33 _ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-45.6 9/7/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 2210 619000 CR Visiting - Court Reporters 1,000.00 01 2210 673420 DR Furniture 1,000.00 1272nd 1#i trict Court ITo reall to funds for the cost of replacement furniture. 'rep,red By: ifj Approved By: We:' 9/2/2004 Date: VOL-~LPRGE 3 y' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-45.7 9/7/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 45 6300 802110 DR Com uter Software 16,300.00 __4 45 6300 803800 CR Building Improvements 16,300.00 I I Generalllrermanent Improvements -To move funds to allow for the enhancements to the software. Prepared By: We I H Date:' 9/2/2004; Approved By: Date: VOL PAGE .~6 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-45.8 9/7/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 2800 672870 CR E ui ment - Radios 1,000.00 01 2800 678900 CR Vehicle Equipment 1,320.00 01 2800 659500 DR Vehicle Maintenance 2,320.00 Sheriff - dministration To reall to funds for t he remainder of fiscal year. i i i Prepared By: Date: ifj 9/2/2004 Approved By: L- 1-tI Date: I i V4 PAGE 3~0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-45.9 9/7/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 5600 6721100 CR Software 6,000.00 01 5600 678900 CR Computer Software - GIS 6,000.00 Road & Bridge -Administration ITo reall to funds to Drooerlv.classifv cost of software. Prepared By: iqj -Approved Date: 9%2/2004 'Date: VOL PAGE 32 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/0445.10 9/7/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 11001 S 611300 CR Contingency 33,250.00 01 1100 617400 DR Telephone 12,250.00 01 1100 618800 DR Utilities 21,000.00 Commis oner's Court - Non-De artmental To reap to funds for t he cost of utilities for the remainder of fiscal year. I j l 33,250.00 33,250.00 Prepared 13y: D te:~ ii j ~91312004 Ali~ii-o~~ed I3}^, ~ Date: VOL PAGE PERSONNEL CHANGE OF STATUS Page 1 of 2 CO T DATE: September 7, 2004 DEP RTMENT: Personnel PU OSE: Approve Personnel Change of Status NORM DEP TMENT NAME EMPLOYEE NAME ACTION REQUESTED TAX 1 7, FICE THARP, HALEY R. RESIGNATION CO Y AUDITOR i PRATT, BRIAN COMPLETED PROBATION BUIL ING MAINTENANCE OVERALL, LARRY NEW HIRE CO Y CLERK WREN, TROY RESIGNATION SHE F'S OFFICE-JAIL MORLAN, REGINA i NEW HIRE B S CENTER HERNANDEZ, ISAAC DISCHARGED LOPEZ, SONNY NEW HIRE VOL ~0~ PAGE ~ / L PERSONNEL CHANGE OF STATUS Page 2 of 2 CO T DATE: September 7, 2004 DEP RTMENT: Personnel PURPOSE: Approve Personnel Change of Status mossi~ommoommmommmmmmmmmmmmmommmmmnmmmmmmmmmmmmmommmmmmmmmmmmmmummmmmmme !Ml TMENT NAME EMPLOYEE NAME ACTION REQUESTED ■ \ t ■ ■ ■ 1 CT ATTORNEY- BATCHELOR, MEGAN RESIGNATION CRIME FUND SERVICES- ROBINETTE, JANELLE TRANSFER WITHIN DEPT. CORR. COSTELLO, ROBERT PROMOTION/TRANSFER Appr d in Commissioners' Court: September 7, 2004 i Count Judge's or Commissioner's Signature: (This py to be attached to minutes) 1 -For TxDOT,Use Only.:-- Feder Pass Through Misc. Contract Number: 585XXF5009 Grant ' unds CFDA #20.60 Charge Number: (05)0201B IAA State ant Funds Proj ect Ycar: 1 PIN (14 characters only): 17460004330038 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STA OF TEXAS THE CO TY OF TRAVIS THIS AG EMENT IS MADE BY and between the State of Texas, acting by and through the Texas Departme of Transportation, hereinafter called the Department, and Brazos County, hereinafter called the Subgr tee, and becomes effective when fully executed by both parties. For the purpose of this agreement he Subgrantee is designated as a(n): ❑ State 4.1 ency ❑ Non-Profit Organization ® Unit o ocal Government ❑ Educational Institution ❑ Other scribe): AUTHO Y: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway fety Plan for the following Fiscal Year(s) 2005. Project T e: Brazos Valley Comprehensive Underage Drinking Enforcement Program Brief Pro t Description: To deter licensed establishments and its employees from selling alcholic beverages undera a ersons in Brazos Coun and surrounding counties. Grant Pe d: The Grant becomes effective on 10/01/2004, or on the date of final signature of both parties, w hever is later, and ends on 09/30/2005 unless terminated or otherwise modified. Maximu mount Eligible for Reimbursement: $50.000. The follo g attachments are incorporated as indicated as a part of the Grant Agreement: ■ achment A, Mailing Addresses ■ achment B, General Terms and Conditions (TxDOT Form 1854) ■ achment C, Project Description (TxDOT Form 2076) ■ achment D, Action Plan (TxDOT Form 1852) ■ achment E, Project Budget (TxDOT Form 2077 or 2077-LE) ❑ achment F, Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement gram grants only) Pa e 1 of 2 ADOT Form 2075 (rev. 611412004) VOL ~ PAr Project Ti#: Brazos Valley Comprehensive Underage Drinldng Enforcement Program TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signat for the Subgrantee hereby represents and warrants that she/he is an officer of the organizati for which she/he has executed this agreement and that she/he has full and complete authority t enter into this agreement on behalf of the organization. At the time the signatory for the Subgrante signs the Grant Agreement, she/he will sign and submit to the Department a letter designating signature thority by position title for grant-related documents other than the Grant Agreement or Grant Agreemen endments. These other grant-related documents will include, but not be limited to, the following: erformance reports, final performance report and administrative evaluation report, Requests For Reim cement (RFRs), and routine correspondence. THE SUBURANTEE THE STATE OF TEXAS [Legal Naof By [Name] Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission. By Coun Ju a District Engineer [Title] Texas Department of Transportation Date: j [Name] Under aut rity of Ordinance or Resolution Number ( 4 local governments): [Title] Date: By Director, Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $100,000.) Date: Pa e2 of 2 TxDOT Form 2075 (rev. 611412004) i.~~ GL Attachment A Project Tit' : Brazos Valley Comprehensive Underage Drinking Enforcement Program Mailing Addresses For the pu ose of this agreement, the following addresses shall be used to mail all required notices, reports, c ms, and correspondence. (NOTE: For warrants (checks), the address indicated by the electronic ail code, which is the last three digits of the PIN on page 1 of this Grant Agreement, shall be used for di ursing payments. If that address is not where the Subgrantee wants warrants or checks to be sent, the S grantee needs to notify the Department of any appropriate changes. For Subgr4otee (Project Director): Na4*: Jim Kuboviak Brazos County Attorney Brazos County Attorney's Office 300 East 26 h Street, Suite 325 Bryan, Texas 77803 Pho&: (979) 361-4300 (979) 361-4357 kuboviak@txcyber.com Note: Any hange in the Subgrantee information in this Attachment A, Mailing Addresses, does not require an endment to the Grant Agreement. However, the Subgrantee must submit a letter with the corrected i ormation to the Department address below within 15 days of the change. For Texas partment of Transportation: Na Z: Kirk Bames Trans. Operations Engineer/Traffic Safety Specialist : Texas Department of Transportation 1300 N. Texas Avenue Texas 77803 778-2165 (979) 778-9709 Pa e I of I TxDOT Form 2075 (rev. 611412004) L pAC-E-_P. Attachment B Project TJtle: Brazos Valley Comprehensive Underage Drinking Enforcement Program Subgran e: Brazos County Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICL 1. COMPLIANCE WITH LAWS The Sub tee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulatio and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting performance of this Agreement, including, without limitation, workers' compensation laws, minimum d maximum salary and wage statutes and regulations, nondiscrimination laws and regulation and licensing laws and regulations. When required, the Subgrantee shall furnish the Departme with satisfactory proof of its compliance therewith. ARTICLV12. STANDARD ASSURANCES The Sub tee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requir ents, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of anagement and Budget] Circular A-110); OMB Circular A-87; OMB Circular A-102; OMB Circular 1; OMB Circular A-122; OMB Circular A-133; and the Traffic Safety Program Manual, as they relat the application, acceptance, and use of federal or state funds for this project. Also, the Subgrante ssures and certifies that: A. It pos ses legal authority to apply for the grant; and that a resolution, motion, or similar action has been ly adopted or passed as an official act of the applicant's governing body, authorizing the filing the application, including all understandings and assurances contained therein, and directing and at t orizing the person identified as the official representative of the applicant to act in conne 'on with the application and to provide such additional information as may be required. B. It and subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), 11 amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, or, sex, national origin, age, religion, or disability. C. It will mply with requirements of the provisions of the Uniform Relocation Assistance and Real Prope Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and Unite tates Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Prope Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fai d equitable treatment of persons displaced as a result of federal and federally assisted D. It will mply with the provisions of the Hatch Political Activity Act, which limits the political activi of employees. (See also Article 25, Lobbying Certification.) E. It will mply with the federal Fair Labor Standards Act's minimum wage and overtime requirements fore oyees performing project work. F. It will tablish safeguards to prohibit employees from using their positions for a purpose that is or gives appearance of being motivated by a desire for private gain for themselves or others, partic rly those with whom they have family, business, or other ties. G. It will ve the Department the access to and the right to examine all records, books, papers, or docu is related to this Grant Agreement. Page 1 of 11 RDOT Form 1854 (rev. 712012004) VUL 0 PAGE i Attachment B Project T e: Brazos Valley Comprehensive Underage Drinking Enforcement Program Subgrant ~T: Brazos County H. It will omply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I 1. It rec izes that many federal and state laws imposing environmental and resource conservation require ents may apply to this Grant Agreement. Some, but not all, of the major federal laws that may a ct the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§432 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Feder Water Pollution Control Act, as amended, 33 USC 1251 et seq.; the Resource Conse ation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Envir mental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgr tee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federa' agencies have issued, and in the future are expected to issue, regulation, guidelines, stand Is, orders, directives, or other requirements that may affect this Project. Thus, it agrees to compl and assures the compliance of each contractor and each subcontractor, with any such federal requir ents as the federal government may now or in the future promulgate. iO~ J. It will mply with the flood insurance purchase requirements of Section 102(a) of the Flood Disast Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, a purchase of flood insurance in communities where such insurance is available as a condit in for the receipt of any federal financial assistance for construction or acquisition purposes for us n any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" include; any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan o ant, or any form of direct or indirect federal assistance. K. It will sist the Department in its compliance with Section 106 of the National Historic Preservation Act of ' 966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas ational Resources Code, Chapter 191). L. It will mply with Chapter 573 of the Texas Government Code by ensuring that no officer, emplo e, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote o onfirm the employment of any person related within the second degree of affinity or third degree y consanguinity to any member of the governing body or to any other officer or employee author, ed to employ or supervise such person. This prohibition shall not prohibit the employment of a p on described in Section 573.062 of the Texas Government Code. M. It will sure that all information collected, assembled, or maintained by the applicant relative to this projec hall be available to the public during normal business hours in compliance with Chapter 552 of the xas Government Code, unless otherwise expressly provided by law. N. If appl 14 able, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as othe ' e provided by law or specifically permitted in the Texas Constitution. ARTICL . COMPENSATION A. The m od of payment for this Agreement will be based on actual costs incurred up to and not to excee he limits specified in Attachment E, Traffic Safety Project Budget. The amount included in the Pr ' ct Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subjec o the conditions specified in paragraph B hereunder. If Attachment E, Traffic Safety Project Page 2 of 11 TxDOT Form 1854 (rev. 712012004) Attachment B Project Tyle: Brazos Valley Comprehensive Underage Drinking Enforcement Program Subgrant : Brazos County specifies that costs are based on a specific rate, per-unit cost, or other method of payment, ,ement will be based on the specified method. B. All paonents will be made in accordance with Attachment E, Traffic Safety Project Budget. The S grantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budg without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) perce per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budge for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the roject Budget. If the errun is five (5) percent or less, the Subgrantee must provide written notification to the Depa ent prior to the Request for Reimbursement being approved. This notification must be in the form an attachment to the Request for Reimbursement that covers the period of the overrun. This attach ` tent must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any rrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attach Project Budget requires an amendment of this Grant Agreement. The imum amount eligible for reimbursement shall not be increased above the Grand Total TxD Amount in the approved Project Budget, unless this Grant Agreement is amended, as descrid in Article 5 of this Agreement. For S ctive Traffic Enforcement Program (STEP) grants only: In Attachment E of the Grant Agree' ent, Traffic Safety Project Budget (Form 2077-LE), Subgrantees are not allowed to use unde n funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI& Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgr tees are not allowed to use undemm funds from the TxDOT amount of (100) Salaries, Subc gories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "P E Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C, "Other," can only exceeded within the 5 percent flexibility, with underrun funds from Budget Categories H or III. C. To be igible for reimbursement under this Agreement, a cost must be incurred in accordance with Attac ent E, Traffic Safety Project Budget, within the time frame specified in the Grant Period on page f this Grant Agreement, attributable to work covered by this Agreement, and which has been comp ed in a manner satisfactory and acceptable to the Department. D. Feder or TxDOT funds cannot supplant (replace) funds from any other sources. The term ,supp ting," refers to the use of federal or TxDOT funds to support personnel or an activity already suppo d by local or state funds. Page 3 of 11 ADOT Form 1854 (rev. 712012004) VUEPAGE Attachment B Project Te: Brazos Valley Comprehensive Underage Drinking Enforcement Program Subgrant : Brazos County E. Paym ik" of costs incurred under this Agreement is further governed by one of the following cost princi Re's, as appropriate, outlined in the Federal Office of Management and Budget (OMB) • A 1, Cost Principles for Institutions of Higher Education; • A 7, Cost Principles for State, Local, and Indian Tribal Governments; or, • A 22, Cost Principles for Nonprofit Organizations. F. The S grantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in Attac ent D, Action Plan, within thirty (30) days after the end of the billing period. The Subgr tee will use billing forms acceptable to the Department. The original Request for Reim sement, with the appropriate backup documentation, must be submitted to the Department addre shown on Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the Requ for Reimbursement and appropriate backup documentation, plus three (3) copies of the Requ for Reimbursement without backup documentation, must be submitted to this same address. G. The S grantee agrees to submit the final Request for Reimbursement under this Agreement within forty- e (45) days of the end of the grant period. I H. The artment will exercise good faith to make payments within thirty (30) days of receipt of proper] prepared and documented Requests for Reimbursement. Payments, however, are contingent upon a availability of appropriated funds. 1. Proje agreements supported with federal or TxDOT funds are limited to the length of this Grant Perio which is specified on page 1 of this Grant Agreement. If the Department determines that the proje has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for fundi assistance beyond the initial Agreement period. Preference for funding will be given to those ojects for which the Subgrantee has assumed some cost sharing, those which propose to ass the largest percentage of subsequent project costs, and those which have demonstrated perfo ance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant eriod, the Department determines that there is insufficient funding to continue the project, the Departme shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determine hat there is sufficient funding and performance to continue the project, the Department may so notify 9 Subgrantee to continue this agreement. 5. AMENDMENTS This Agre ent may be amended prior to its expiration by mutual written consent of both parties, utilizing t Grant Agreement Amendment designated by the Department. Any amendment must be executed the parties within the Grant Period, as specified on page 1 of this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Sub antee is of the opinion that any assigned work is beyond the scope of this Agreement and constitute Ibi dditional work, the Subgrantee shall promptly notify the Department in writing. If the Departme finds that such work does constitute additional work, the Department shall so advise the Page 4 of 11 TxDOT Form 1854 (rev. 712012004) _~/_PAG L Attachment B Project Tile: Brazos Valley Comprehensive Underage Drinking Enforcement Program Subgrant : Brazos County Subgrante and a written amendment to this Agreement will be executed according to Article 5, Amendme s, to provide compensation for doing this work on the same basis as the original work. If performa of the additional work will cause the maximum amount payable to be exceeded, the work will not b erformed before a written grant amendment is executed. If the Sub tee has submitted work in accordance with the terms of this Agreement but the Department requests c ges to the completed work or parts thereof which involve changes to the original scope of services o haracter of work under this Agreement, the Subgrantee shall make such revisions as requested; L d directed by the Department. This will be considered as additional work and will be paid for as spe ' ied in this Article. If the Sub tee submits work that does not comply with the terms of this Agreement, the Department shall ins t the Subgrantee to make such revisions as are necessary to bring the work into compliance with this eement. No additional compensation shall be paid for this work. The Subgr tee shall make revisions to the work authorized in this Agreement, which are necessary to correct err, s or omissions appearing therein, when required to do so by the Department. No additional compensa n shall be paid for this work. The Dep ent shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrante elating to additional work not directly associated with or prior to the execution of an ARTICLE j . REPORTING AND MONITORING Not later t thirty (30) days after the end of each reporting period, as designated in Attachment D, Action Pla 1, the Subgrantee shall submit a performance report using forms provided or approved by the Departmer 1, For short-term projects, only one report submitted by the Subgrantee at the end of the project ma be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably onthly. The frequency of the performance reports is established through negotiation between Subgrantee and the program or project manager. For Select Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The perfo ance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives tablished for the period, (2) reasons why established objectives and performance measures were not t, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and expla ion of cost underruns, overruns, or high unit costs. i The Subgr tee shall submit the Final Performance and Administrative Evaluation Report electronically within thir 1, (30) days after completion of the grant. The Subgr tee shall promptly advise the Department in writing of events that will have a significant impact up this Agreement, including: A. Proble is, delays, or adverse conditions, including a change of project director or other changes in Subgr tee personnel, that will materially affect the ability to attain objectives and performance meas , prevent the meeting of time schedules and objectives, or preclude the attainment of project objecti s or performance measures by the established time periods. This disclosure shall be accom ied by a statement of the action taken or contemplated and any Department or federal assista a needed to resolve the situation. Page 5 of 11 TxDOT Form 1854 (rev. 712012004) Attachment B Project Tie: Brazos Valley Comprehensive Underage Drinking Enforcement Program Subgrant : Brazos County B. Favor, le developments or events that enable meeting time schedules and objectives sooner than antici ted or achieving greater performance measure output than originally projected. ARTICLE" RECORDS The Subgr tee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence aining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make uch records available at its office for the time period authorized within the Grant Period, as specified page 1 of this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) y s from the date of final payment under this Agreement, until completion of all audits, or until pending li ' ation has been completely and fully resolved, whichever occurs last. Duly auth zed representatives of the Department, the USDOT, the Office of the Inspector General, Texas Stat Auditor, and the Comptroller General shall have access to the records. This right of access is not limite o the four (4) year period but shall last as long as the records are retained. ARTICL I. INDEMNIFICATION To the ext t permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save h ess the Department and its officers and employees from all claims and liability due to the acts or o ions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted I P, law, to indemnify, hold, and save harmless the Department from any and all expenses, including t not limited to attorney fees, all court costs and awards for damages incurred by the Departme in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrante i~ its agents, or employees. Further, to a extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, in mnify, and save harmless the Department from and against all claims, demands, and causes of action o very kind and character brought by any employee of the Subgrantee against the Department due to pers al injuries or death to such employee resulting from any alleged negligent act, by either commissio or omission on the part of the Subgrantee. If the Sub tee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as 11 as the acts and deeds of its contractors, employees, representatives, and agents. ARTICL 0. DISPUTES AND REMEDIES This The Si out of Disputes the Exec : supercedes any prior oral or written agreements. If a conflict arises between this the Traffic Safety Program Manual, this Agreement shall govern. shall be responsible for the settlement of all contractual and administrative issues arising cnt made by the Subgrantee in support of Agreement work. erning performance or payment shall be submitted to the Department for settlement, with Director or his or her designee acting as final referee. Page 6 of 11 TxDOT Form 1854 (rev. 712012004) Attachment B Project le: Brazos Valley Comprehensive Underage Drinking Enforcement Program Subgran : Brazos County 11. TERMINATION This Agre ent shall remain in effect until the Subgrantee has satisfactorily completed all services and obligatio described herein and these have been accepted by the Department, unless: Agreement is terminated in writing with the mutual consent of both parties; or is a written thirty (30) day notice by either party; or Department determines that the performance of the project is not in the best interest of the artment and informs the Subgrantee that the project is terminated immediately. The Depa ent shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Peri specified on page 1 of this Grant Agreement which are directly attributable to the complete onion of the work covered by this Agreement, provided that the work has been completed in a manner isfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimburse or any new obligations after the effective date of termination. 2. INSPECTION OF WORK The Depa ent and, when federal funds are involved, the US DOT, or any authorized representative thereof, h the right at all reasonable times to inspect or otherwise evaluate the work performed or being perf irmed hereunder and the premises in which it is being performed. If any insp tion or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrante hall provide and require its subcontractor to provide all reasonable facilities and assistance for the saf and convenience of the inspectors in the performance of their duties. All inspections and evaluation hall be performed in such a manner as will not unduly delay the work. ARTICL 3. AUDIT The Subgr, tee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 502, ens that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of tates, Local Governments, and Other Non-Profit Organizations." The state a itor may conduct an audit or investigation of any entity receiving funds from the state directly un r this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds dire y under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance if the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an udit or investigation in connection with those funds. ARTICLE 4. SUBCONTRACTS The Subgr tee shall not enter into any subcontract with individuals or organizations not a part of the Subgrante organization without prior written concurrence with the subcontract by the Department. Subcontract shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee f its responsibility under this Agreement. ARTICLE 5. GRATUITIES Texas Trank ortation Commission policy mandates that employees of the Department shall not accept any benefit ift, or favor from any person doing business with or who, reasonably speaking, may do business w the Department under this Agreement. The only exceptions allowed are ordinary business Page 7 of]] TxDOT Form 1854 (rev. 712012004) Attachment B Project 141e: Brazos Valley Comprehensive Underage Drinking Enforcement ProEram Subgran 4 : Brazos County lunches a items that have received the advanced written approval of the Department's Executive Director. Any pers doing business with or who reasonably speaking may do business with the Department under this Agre ent may not make any offer of benefits, gifts, or favors to Department employees, except as mention ere above. Failure on the part of the Subgrantee to adhere to this policy may result in terminate of this Agreement. ARTICLE 16. NONCOLLUSION The Sub tee warrants that it has not employed or retained any company or person, other than a bona fide empl ee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or a ed to pay any company or person, other than a bona fide employee, any fee, commission, percentag brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making o is Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the t to annul this Agreement without liability or, in its discretion, to deduct from the Agreeme price or consideration, or otherwise recover the full amount of such fee, commission, brokerage ee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Sub tee represents that it or its employees have no conflict of interest that would in any way interfere th its or its employees' performance or which in any way conflicts with the interests of the Departm . The Subgrantee shall exercise reasonable care and diligence to prevent any actions or condition hat could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Sub tee certifies that it presently has adequate qualified personnel in its employment to perform the work quired under this Agreement, or will be able to obtain such personnel from sources other than the Den ent. All empl es of the Subgrantee shall have such knowledge and experience as will enable them to perform t duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Departme , is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed m association with the project. Unless of rwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources %quired to perform the work. 19. PROCUREMENT AND PROPERTY MANAGEMENT The Sub ntee shall establish and administer a system to procure, control, protect, preserve, use, maintain, d dispose of any property furnished to it by the Department or purchased pursuant to this Agreeme in accordance with its own property management procedures, provided that the procedures are not in nflict with the Department's property management procedures or property management standards d federal standards, as appropriate, in: Page 8 of 11 TxDOT Form 1854 (rev. 712012004) Attachment B Project T e: Brazos Valley Comprehensive Underage Drinking Enforcement Program Subgrant : Brazos County R, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agree- to State and Local Governments," or Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and nts with Institutions of Higher Education, Hospitals, and Other Nonprofit ARTICLE 0. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon co etion or termination of this Grant Agreement, whether for cause or at the convenience of the parties he o, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, p tographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shal at the option of the Department, become the property of the Department. All sketches, photograp , calculations, and other data prepared under this Agreement shall be made available, upon request, to a Department without restriction or limitation of their further use. A. Intelle al property consists of copyrights, patents, and any other form of intellectual property rights coveri any data bases, software, inventions, training manuals, systems design, or other proprietary inform ~ ion in any form or medium. I B. All rig s to Department. The Department shall own all of the rights (including copyrights, copyright applic 'ons, copyright renewals, and copyright extensions), title and interests in and to all data, and other i ormation developed under this contract and versions thereof unless otherwise agreed to in writing hat there will be joint ownership. C. All rig s to Subgrantee. Classes and materials initially developed by the Subgrantee without any type o riding or resource assistance from the Department remain the Subgrantee's intellectual proper For these classes and materials, the Department payment is limited to payment for attend ce at classes. 1. SUCCESSORS AND ASSIGNS The Dep ent and the Subgrantee each binds itself, its successors, executors, assigns, and administra ors to the other party to this Agreement and to the successors, executors, assigns, and administra rs of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, blet, or transfer interest and obligations in this Agreement without written consent of the CIVIL RIGHTS COMPLIANCE A. Compl rice with regulations: The Subgrantee shall comply with the regulations relative to nondis imination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subch ter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the gulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employ ent Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Depart ent of Labor regulations (41 CFR, Part 60). B. Nondi imination: The Subgrantee, with regard to the work performed during the period of this Agree nt, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disabil in the selection and retention of subcontractors, including procurements of materials and leases equipment. Page 9 of 11 TxDOT Form 1854 (rev. 712012004) V OL l~ l PAGE ~a Attachment B Project Tile: Brazos Valley Comprehensive Underage Drinking Enforcement Program Subgrant : Brazos County C. Solici ions for subcontracts, including procurement of materials and equipment: In all solicitations either competitive bidding or negotiation made by the Subgrantee for work to be performed under a subc tract, including procurements of materials and leases of equipment, each potential subco actor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this A eement and the regulations relative to nondiscrimination on the grounds of race, color, sex, nation origin, age, religion, or disability. D. Info "tion and reports: The Subgrantee shall provide all information and reports required by the regula ns, or directives issued pursuant thereto, and shall permit access to its books, records, accou , other sources of information, and its facilities as may be determined by the Department or the US I OT to be pertinent to ascertain compliance with such regulations or directives. Where any info ion required of the Subgrantee is in the exclusive possession of another who fails or refuses to fu h this information, the Subgrantee shall so certify to the Department or the US DOT, which er is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the reques d information. E. Sancti is for noncompliance: In the event of the Subgrantee's noncompliance with the nondi imination provision of this Agreement, the Department shall impose such sanctions as it or the U OT may determine to be appropriate. F. Incorp ration of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in eve subcontract, including procurements of materials and leases of equipment, unless exempt by the re ations or directives. The Subgrantee shall take such action with respect to any subcontract or procur ent as the Department may direct as a means of enforcing such provisions, including sancti s for noncompliance. However, in the event a Subgrantee becomes involved in, or is threat d with litigation with a subcontractor or supplier as a result of such direction, the Subgr tee may request the Department to enter into litigation to protect the interests of the state; and in dition, the Subgrantee may request the United States to enter into such litigation to protect the int ests of the United States. . DISADVANTAGED BUSINESS ENTERPRISE It is the po y of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR P 26, shall have the opportunity to participate in the performance of agreements financed in whole or ii ~ art with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR art 26, apply to this Agreement as follows: Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR 26, have the opportunity to participate in the performance of agreements and subcontracts iced in whole or in part with federal funds. In this regard, the Subgrantee shall make good efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business :rprises have the opportunity to compete for and perform agreements and subcontracts. Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, anal origin, or disability in the award and performance of agreements funded in whole or in with federal funds. These req ements shall be included in any subcontract. Failure to out the requirements set forth above shall constitute a breach of this Agreement and, after the notific on of the Department, may result in termination of this Agreement by the Department, or other such medy as the Department deems appropriate. ,P~a/ge 10 of 11 RDOT Form 1854 (rev. 712012004) VOL (V! re~ii Attachment B Project T e: Brazos Valley Comprehensive Underage Drinking Enforcement Proeram Subgrant ~T: Brazos County 24. DEBARMENT/SUSPENSION A. The *grantee certifies, to the best of its knowledge and belief, that it and its principals: 1. not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. H e not within a three (3) year period preceding this Agreement been convicted of or had a civil ju ent rendered against them for commission of fraud or a criminal offense in connection with o ining, attempting to obtain, or performing a federal, state, or local public transaction or cc t act under a public transaction; violation of federal or state antitrust statutes; or commission of 4 mbezzlement, theft, forgery, bribery, falsification or destruction of records, making false st ments, or receiving stolen property; not presently indicted or otherwise criminally or civilly charged by a federal, state, or local ernmental entity with commission of any of the offenses enumerated in paragraph A. 2. of Article; and 4. H e not, within a three (3) year period preceding this Agreement, had one or more federal, state, or cal public transactions terminated for cause or default. I B. Wher he Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall ach an explanation to this Agreement. C. The S grantee is prohibited from making any award or permitting any award at any tier to any PAY which ' debarred or suspended or otherwise excluded from or ineligible for participation in federal assist a programs under Executive Order 12549, Debarment and Suspension. D. The S grantee shall require any party to a subcontract or purchase order awarded under this Grant Agree ent to certify its eligibility to receive federal grant funds, and, when requested by the Dep ent, to furnish a copy of the certification. ARTICLE 5. LOBBYING CERTIFICATION The Sub tee certifies to the best of his or her knowledge and belief that: i A. No fe rally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any p on for influencing or attempting to influence an officer or employee of any federal agency, a Mem of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con i ction with the awarding of any federal contract, the making of any federal grant, the making of any deral loan, the entering into of any cooperative agreement, and the extension, continuation, renew, , amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any ds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congr s, an officer or employee of Congress, or an employee of a Member of Congress in conne 'on with this federal contract, grant, loan, or cooperative agreement, the party to this Agree ent shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The S grantee shall require that the language of this certification be included in the award doc is for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify d disclose accordingly. Page 11 of 11 TxDOT Form 1854 (rev. 712012004) VOL PAGE (5 Attachment B Project T e: Brazos Valley Comprehensive Underage Drinking Enforcement Program Subgrant ~1: Brazos County This certi ation is a material representation of fact upon which reliance was placed when this transactio as made or entered into. Submission of this certification is a prerequisite for making or entering ir 1:) this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the requir certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 fi,r each such failure. ARTI Unless to the I Child Child ; The Su Code, the ineligible The form httn://ww 26. CHILD SUPPORT STATEMENT ubgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go tment's website noted below and complete the Child Support Statement or already has a rt Statement on file with the Department . The Subgrantee is responsible for keeping the rt Statement current and on file with that office for the duration of this Agreement period. itee further certifies that the Child Support Statement on file contains the child support for the individuals or business entities named in this grant. Under Section 231.006, Family [bgrantee certifies that the individual or business entity named in this Agreement is not receive the specified grant or payment and acknowledges that this Agreement may be nd payment may be withheld if this certification is inaccurate. the Child Support Statement is available on the Internet at: Page 12 of I1 TxDOT Form 1854 (rev. 712012004) VOL 6I PAGE ,~6 Attachment C Project le: Brazos Valley Comprehensive Underage Drinking Enforcement Program Name of ubgrantee: Brazos County Traffic Safety Project Description 1. OB CTIVES: A. To complete administrative and general grant requirements by September 30, 2005, as defined in the Action Plan (Attachment D). B. To decrease the number of fatal alcohol-related crashes by persons under 21 from the 1999 baseline year total of 29 by 3% by September 30, 2005. C. 111 Develop an inter-agency task force with a minimum of 9 law enforcement agencies. D. 111 Conduct a minimum of 72 minor sting enforcement activities targeting those who j provide alcohol to minors by September 30, 2005. E. File a minimum of 45 administrative cases on licensed establishments that sale or serve alcohol to minors by September 30, 2005. F. 11 File a minimum of 45 criminal cases on employees of establishments that sale or serve alcohol to minors by September 30, 2005. G. File a minimum of 30 criminal cases of persons who make alcohol available to minors by September 30, 2005. H. Identify and file a minimum of 12 criminal cases on person who possess fictitious or altered identification by September 30, 2005. I. 11t Issue a minimum of 200 citations for Minor in Possession violations by September 1130,2005. II. PEWORMANCE MEASURES AND ANNUAL TARGETS: wing performance measures and target numbers, when applicable, shall be in each Performance Report (Form 1871) and summarized in the Final nce and Administrative Evaluation Report (Form 1874): Me i sure Target Number Pe nt reduction of fatal alcohol-related crashes by 3% pe n under 21 by September 30, 2005. Nu ber of inter-agency task forces to conduct sting 1 op tions by September 30, 2005. Nu ber of minor sting enforcement activities by 72 Se mber 30, 2005. Traffic Safe Project Description Page I of 3 TxDOT Form 2076 (Rev: 71812004) L_ ~L_FAUGE 6(o Project T e: Brazos Valley Comprehensive Underage Drinking Enforcement ProgramAttachment C Subgrant : Brazos County N ber of administrative cases on licensed 45 es lishments that sale or serve alcohol to minors by Se ember 30, 2005. N ber of criminal cases on employees of 45 es lishments that sale or serve alcohol to minor by Se ember 30, 2005. N ber of criminal cases of persons who make alcohol 30 av Table to minors by September 30, 2005. N ber of criminal cases on persons who possess 12 fic ious or altered identification by September 30, 20 N ber of citations for Minor in Possession violations 200 by eptember 30, 2005. III. RE ONSIBILITIES OF THE SUBGRANTEE: A. 1 Carry out the objectives and performance measures of this Grant Agreement by implementing all activities in the Action Plan (Attachment D). i _ B. Submit all required reports to the Department fully completed with the most current information and within the required times, as defined in Articles 3 and 7 of the General Terms and Conditions (Attachment B). This includes reporting to the Department on progress, achievements, and problems in periodic performance reports. All required documents must be accurate. Inaccurate documents will delay processing and approval of any related Requests for Reimbursement (Form 1858). C. A Final Performance and Administrative Evaluation Report summarizing all activities and accomplishments will be submitted electronically on Department j approved forms no later than thirty (30) days after the grant ending date. D. Attend Department-approved grant management training. E. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department as indicated in the Action Plan to present status of activities and to discuss problems and schedule for the following quarter's work. 2. The project director or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. F. When applicable, all newly developed public information and education (PI&E) materials must be submitted to the Department for written approval prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. The manual is available at: http://manuals.dot.state.tx.us/dynaweb/coltraff/tfc G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed grants, the Subgrantee must have written Department district approval for travel and related expenses if outside of the Department district's boundaries. Traffic Safe Project Description Page 2 of 3 TxDOT Form 2076 (Rev: 71812004) VOL W -PAGE 6~7 Project Te: Brazos Valley Comprehensive Underage Drinking Enforcement ProgramAttachment C Subgrant : Brazos County H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or an activity already supported by local or state funds. J. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. IV. RE ~PONSIBILITIES OF THE DEPARTMENT: A. i Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review of periodic reports 2. physical inspection of project records 3. telephone conversations 4. a-mails and letters 5. meetings. B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in Traffic Safety Project Budget (Attachment E). Requests for Reimbursement will be processed up to the maximum amount payable, as indicated on the cover page of the Grant Agreement. E. Perform an administrative review of the project at the close of the Grant Period to include a review of the attainment of objectives and performance measures in the Traffic Safety Project Description (Attachment C), and adherence to the Action Plan (Attachment D) and to the Traffic Safety Project Budget (Attachment E). V. PROGRAM INCOME: If r renced and approved in the Highway Safety Plan and Grant Agreement, a Sub antee may generate or earn program income from grant-supported activities. Such earr gs may include, but will not be limited to, income from service fees, sale of co odities, usage or rental fees, and royalties on patents and copyrights. If i uded in the grant budget, approved costs paid for with program income can be used as n iect match. All ogram income earned during the Grant Period shall be retained by the Subgrantee and n accordance with the grant or other agreement, shall be added to federal funds co itted to the project and be used to further eligible program objectives. Pro am income that remains unexpended after grant end shall continue to be committed to the 'ginal grant objectives. I Traffic Safe Project Description Page 3 of 3 TxDOT Form 2076 (Rev: 71812004) VOL PAGE vrS c 5 cif ,a) _ C L as C Q ) V ~ W I II II 0 as a~ a E cn cu cu 2 Lo ° a Z o o c Q O M E N ao Uo j Z N w c N - LL ~ E Q o c c>s j m rn C c 5 c c ~ s c cis > of U An s E ft3 N N N co L n E Mo m o l11 U N_ o ^ ~ a W > L W I V co w SLL IL 0 0 z v 0 a. a W N a IL a a J a a Z ' CL IL a a O CL a H W a a - 0 CL IL a d ul U. a a a a s W 0 IL IL a a 0 Z a a UO a IL IL CL W O ~ J m 06 Cl) C C c c E c c c c c E rn co cm tM cm rn rn cc can c'n o can U) co c'n -1 (5 i ~ > U cu L a Q cif a) c E o as o Q Co N c O O C U L E r- N M c0 > N N y 7 CL N E > C ~ C: k fl cu o E N C ~ O O ~ ~ N O C co > 'C O C ~ U o L O L O m e as > n G M .N. O o E ° 4, . ~ ~ a aca 2 :w -0 O O 7 O CL N CL O C c a x N d O tr C C O U C C ° L - c O L = N U c U) 2 f 2 t•- n Q n c) w U a V- N c~i 4 ui cD f~ ap C) VOL W PAGE N 0 ~0 w C d t v cv Q Q J aLn O Z C N LL Q c+> O N o n a n 4 C U')') 00 LL FJJ J H F- F- V W w a c ca O _ L H U W N /3 W O O z V O u, U) a s a d a a Q- d d a a a a n. n. d a Z ' d a d d a O a s d a a C) a a s d d a IL 0 w a s d d d w LL a 4. a a n. a a n. a d CL w o a n. a a D- O z a a. d a (L O a a s d d Q- W J m w (1) 0) (D w 0 . w Z o u 2 ° . . 2 2 CL U rn rn rn rn rn rn a c'n W (1) v) c) vi U) cu `O rn c y w U) W c U O w a) O U '0 L to ` E L L V U ` O O U + _ C .0 O N O U E -Cu N N > O U (D uj E Q O U O N y 0 O O O N r- a N 3 3 O Y E U ~ (D O C C O U O O d- O N O a O C C O O E C d a O N C 0 U O C O O C O C cn 2i ca (D r- c y O C O . Z U 8 pp g pp c C fC C E N y 76 c0 cC O ~ C O C O C C N t 0 O N U E O _ E _ E ~n _ Ep U 0 ~ N e U) U 0 d > «r C p c y N U m O N 2 U - N y O :3 O pp U 4. ~ O w; 4- 2 N F- O F- F- w F- u~ F- ~ F- fO F- F- Q ~ N C7 ~i In cG f-~ I 3 O L 4-- O c a~ m Q F- w cn a ai cu O 3 O L L a~ L O c v cu O VOL ~j PAGE (o N 0 N Co 4 Attachment E Form 2077Q .8/12/2004) Page 1 of 2 Traffic Safety Project Budget Project T e: Brazos Valley Comprehensive Underage Drinking Enforcement Program Name of bgrantee: Brazos County Fiscal Ye : 2005 (Round figures to nearest dollar) ❑ Check ere if this is a revised budget. Other/ Program Date Revi Pd: TxDOT State/Local Income TOTAL Budget tegory I - Labor Costs (100) S aries ® Ove me or ❑ Regular Time Salary r s are estimated for budget purposes only. Re- imburse nts will be based on actual costs per employee in accord with Subgrantee's payroll policy and salary rate. List de Is (specify title, salary rate, and percent of time): A. Gra Coordinator - 92% of Annual Salary, Fulltime 0 35,000 0 35,000 B. Pea Officers - Brazos County Employees - Rate vari b employee. 7,000 0 0 7,000 C. Und cover Minors - Tem ora Brazos Coun Em ees - 24 -6 hours sessions 15.00/hr 2,160 0 0 2,160 D. 0 E. 0 F. 0 G. 0 H. 0 1. 0 J. 0 K. 0 Total S aries 9,160 35,000 0 44,160 (200) F age Benefits* List de s (specify title and fringe rate): A. Gra Coordinator - Fringe Rate = 25% of Local Fi ure. 0 8,750 0 8,750 B. ea Officers - Brazos County Em to ees - Frin e d 25% 1,750 0 0 1,750 C. cover Minors - Tem ora Brazos Coun ees sub'ect to Worker's Corn ensation - Ef[g! i t Rate = 25% 540 0 0 540 D. 0 E. 0 F. 0 G. 0 H. 0 1. 0 J. 0 K. 0 Total F age Benefits 2,290 8,750 0 11,040 1. Total La r Costs (100 + 200) 11,450 43,750 0 55,200 * Budget ail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required for all cos cluded for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), Contractual ervices (600), Other Miscellaneous (700), and Indirect Cost Rate (800) i Attachment E TxDOT Fo 077 (rev. 8/1212004) Project Title: Brazos Valley Comprehensive Underage Drinking Enforcement Page 2 of 2 Program Subgrantee: Brazos County Fiscal Ye#t: 2005 ❑ Check re if this is a revised budget. Date Revi d: Budget (300) travel - not (400) (500) (600) (700) A. Pul 1. tegory II - Other Direct Costs (Round figures to nearest dollar) Other/ Program TxDOT State/Local Income TOTAL vel and Per Diem* 500 0 0 500 ments will be in accordance with Subgrantee's y. Subgrantee must bill for actual travel expenses eceed the limits reimbursable under state law. lipment* 560 0 0 560 plies* 650 0 0 650 itractual Services* 25,520 0 0 25,520 er Miscellaneous* information & education (PI&E) materials ucational items = $0 :amples: brochures, bumper stickers, posters, ;rs, etc.) 0 0 0 0 2. motional items = $0 ( amples: key chains, magnets, pencils, pens, gs, etc.) B.Othe 11,320 0 0 11,320 Total er Miscellaneous 11,320 0 0 11,320 II. Total O er Direct Costs (300+ 4 + 500 + 600 + 700) 38,550 0 0 38,550 Budget Category III - Indirect Costs (800) I rect Cost Rate* (at 0%) 0 0 0 0 Total L or Costs 11,450 43,750 0 55,200 Total O er Direct Costs 38,550 0 0 38,550 Total I irect Costs 0 0 0 0 Grand T al (I + II + III) 50,000 43,750 0 93,750 Fund S rces (Percent Share) 53.33% 46.67% 0.00% * Budget D ail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs eluded for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), Contractual rvices (600), Other Miscellaneous (700). and Indirect Cost Rate (800) BUDGET DETAIL FY2005 ravel and Per Diem lel to attend Project iator's school ge(documentation of rate is red prior to reimbursement), e, car rental per diem, etc. TxDOT State/Local TOTAL 500 (400) quipment (specify type/quantity) 1. M i tenance and Repair of previ sly purchased undercover video quipment. 560 (500) upplies 650 1. Ite s used for Concealment 2. Vi otapes 3.0 f e Supplies (600)IContractual Services 25,520 1. Pe e Officers - Contractual 23,000 5 Pea I t Officers x 46-4 hour sessions @ $25.00 per Hour 920 urs = $23,000 2. Vi dill o Recorder (person) 2.520 24-6 Mur sessions @ $17.50 per Hour 144 urs = $2,520 500 560 650 25,520 23,000 2,520 Page 1 of 2 II-- VOL PAGE (~-3 BUDGET DETAIL FY2005 (Continued) TxDOT STATE TOTAL (700) (to be rher (B) 11,320 `Buf Funds 1,200 i in sting operations) Mileage 9.000 30,00', miles @ $30 per mile *Rate ed only for budget estimate Reimb Bement will be made according to Appro d subgrantors average cost per Mile t perate patrol vehicles, not to exceed $30 p mile. Documentation of cost per mile is quired prior to reimbursement. Mile for other Agency Vehicles 1,120 4,000 iles @ $30 per mile Page 2 of 2 11,320 1,200 9,000 1,120 v' I C. P74 W w• f4 Orin ~ o M fm ~l "m e P ,s w • p py G ry f oat JAMES M. KUBOVIAK COUNTY ATTORNEY BRAZOS COUNTY. TEXAS TEIEPHONE-(409) 361.4 'RAZOSCO ' AX (409) 36143s? 300 F- 26tH ST StE. zs se BRYAfLtExks?•60 Z7, BRAZOS COUNTY, TEXAS SEATBELT•POLICY ' It is.the poli of Brazos County to follow State Law requirements for seatbelts. J VOL 1 a fa t f~ . Unless p coMpe nsa tot accrual, o (1 1/2)•tii The County all compen month. -Th. time that One and on Cach hour Exempt e' n I 13RAZOS g0UW.E'Y POLICY ON C2t4PENSATORY TIME FOR OVCRTin or approval is 'received from Commissioners' Y time may be taken within 2 pay periods (28 days) 11 the compensatory time will be cashed t at oneadone0win, ez the employee's regular rate ou of pay, half gill pay the employee, on the last payroll of each mon tort' time eaVned, recorded and not taken from the th' for payroll officer ~is'au'thorized to pa only to the pre ious s •beerr properly reporterd y and recorded. half (1 1/2) hours of Compensatory time off are overtime worked. granted for yees do not qualify for compensatory time . accrual. time off may be taken within a reasonable time after nests it; as long as such use does not unduly disrupt the the department in which the employee is employed. time off will be paid for at the rate of. a' en the time off is,takeln. P Y the employee oyee's employment with Brazos county time off will be cashed out at the employ ea s` reguXaxunrate f separation. If the employee's regular rate at separation n his/her average regular rate for the 3 years prior to hen the average for the period (up to 3 years:) preceding 1.1 be used. Iwho has any questions; hould discuss the matter. w with his/her 3ssupervisor, ornltile artment. Compensator employee re operation c Compensator earning C. If the emI o ~mpensator it the time is lower th separation, separation I Any employe this policy Personnel O, Adopted thi day of S'EPi t~f-r~ 1996. vin* W. nes County Judge ndie wo cr C0AV11iGGi0nCC, I rcon V, VC L 1 14 l((/`~. 111:; C(Jl:t:: l:: ;~lll l VC- t JI.'. INITIATIVE: Alien Assistance Program A) D I cription of JBI's Contribution: J recognizes that Brazos County, NE is being underpaid for housing illegal aliens. JBI w develop the cost data, secure the necessary data required to document qualified inmates, a prepare the Alien Assistance claims. JBI will work with the Sheriff's Department to o Imize future claims by securing 100% allowable data related to inmates. B) C ims submitted: I F 004 was the last claim submitted by JBI. C) T al Increased Reimbursements expected: i U own until cost allocation plan developed and data collected. D) F Structure: i J will be paid its fees per its contract with Brazos County, TX on all amounts generated fro this program. E) A eed, JBI may proceed with this Initiative: i Brazo County, TX: Name a e Title I A. ~ Justic (Benefits, Inc.: Xor iu Date President V L (1 SAGE ~J ~ KIATIVE: Alien Assistance Program A) I Ascription of JBI's Contribution: recognizes that Brazos County, NE is being underpaid for housing illegal aliens. JBI 1 develop the cost data, secure the necessary data required to document qualified inmates, l prepare the Alien Assistance claims. JBI will work with the Sheriffs Department to imize future claims by securing 100% allowable data related to inmates. B) goims submitted: 004 was the last claim submitted by JBI. C) TMtal Increased Reimbursements expected: m until cost allocation plan developed and data collected. D) Fie Structure: will be paid its fees per its contract with Brazos County, TX on all amounts generated 1 this program. E) reed, JBI may proceed with this Initiative: Braz County, TX: Name e Title Juste Benefits, Inc.: mmy . Liu Date ienio ice President ~~/S VOL ~OI FPCE 1P INITIATIVE: Alien Assistanc( A) D cription of JBI s Contribution: recognizes that Brazos County, NE is being underpaid for housing illegal aliens. JBI develop the cost data, secure the necessary data required to document qualified inmates, prepare the Alien Assistance claims. JBI will work with the Sheriff's Department to mize future claims by securing 100% allowable data related to inmates. B) Cj#ims submitted: 004 was the last claim submitted by JBI. C) Total Increased Reimbursements expected: Ut*nown until cost allocation plan developed and data collected. D) F4# Structure: E) J will be paid its fees per its contract with Brazos County, TX on all amounts generated 1 this program. •eed, JBI may proceed with this Initiative: County, TX: Name Title Benefits, Inc.: 9 a Da (e -Y- z - aY Date 1 w C: co C:' C C 01' Cr. Cr, V: J~ J: L 4 z V Q i--i H L rc: { ni Ln v i •2 i .L O - z c cz r rr r.t T z •L v Y' ;u rn H rr T 4 ol -10 0~ X. CO Co 0~' h 00 CC M Ll N IM CIO M 00 co a, le. 10 10 1~ CC'. co cc n r. r: rt --i I r, 0% 61.. -PA t C•i a ~ t z= Li: J vm U V 4 1 Z cl } cc 4i ILI. --1 T w T a k z LL! r CL U z V CL v- v' rul 10, 00 m 6, 0 - w a.: r' 0 _ 0 .01 CO 0-i 10 0. N 'l : i - - . w ~7a J r! 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N IN, 'r, 0 OU t.--j 0 N 47 CO N 0, in, ur~ rr co ui ID. in 'o <j i., -N i~ 151 6-5 Irl in; 6, 4 -L" 4S g„ _ .T7 U, C: L x "e ti Ii r 4rt Y C- Jx l: w V L _ C, - Ol - V, 7 0 ''0 V) CN -N ti Lj7.. nn - C 03 ti OD 0, uf~ Y r.. iu~ Lin Lrj - .,j - - - t i~J 10 rO 10 01 0, n-I IN v VOL (oI PA S ~7~ w Y U v _ 4~: C I~ Vi L V VJ yi E T z M R :'2 is t 0 !`'4 tV tin Ar.( 'ryv` CO Ui7i., C, S h 10 t; i - 4r 1 ::f i . G CO 0 CN 65 rc. C6 Zc 1 l'! .0 a, 65 rn cc- ~C: :.V tH _ 01 - CO 10 '0 0 .4 i-o r . . Y +J \ V- 1 _ N. 0 in CO. 0 _ _ _ w '•i 01 C, T - W. ti C', "0 OD 01, 0 N 0 IT w z= 1: i V V . LL! Lt v T z u r.} W + a Q' i\ a a T2 A, ~a Y' IN. v a v -.1 a -T L rn M at (:i C; N, OD 0 N. 10 0 T, V" 0, 10 aj 0 T. [P+ l 4 .h 4T ~i ti i1a L V i a, 10 " a !1a 'r: j 0' N w Q~ \ 4 0~ 0, 0 r, 01- R N K W 0 N' 10 h h ?a 1 co S7. r, \ ? i 10 O S7 C, C 10- '•ij ti C "•s Vl v1 "~j ' h UM 00 OD M OD Ll. 10 ""D 0'. C, 10 N m T 1~1 N m yr :.r'd i:} •ui Li w C m O Lij; J 1 ~Jl ~ J. v it c <r v^ U~ ;r 4 VT 4 R• 4< CF v I'd N ~s £ C - :^•i 1 \ ;x x co J: co c, V, 7r v cl-ll* N, V, 0.1 L^ - 'C. r i ff iT. CD N, C: -N L, CC, 0 co w. cr, `O C'i co IN ir, 0 ':i ti r ti IN \ \ aj W ~ h :aj w 0 'N LP :?l Ct 0, 'G <j - V- ~r^; Yom: co P l. \ co -n, un, K, IN w: r Q -Z - w Ni 00 - w C-. CO Cul N. 0 C- T) LO 0; 14- 10 L~ J z 1 H Lo 0 C., "4- 6'. co F4 Irl, 01. Y7 7 w ;r O C'i 7' r?' i-~ CO fV: i V i L { v c w it U) CO. c, r-? T t.: v: Yt J W j z < 00 U T i z C fC t~ J 0 0- c t: v"• VOL 2, i •f u, i O T ;J ti =7 Lt G^ C L'• 1 C Y t` C~ art v T G CO V~ z QUOTE TABULATION Portable Toilet Rental Annual Contract 10/01/04 - 09/30/05 D CRIPTION VENDOR MONTHLY CHG Rental of citizens co I able toilets for 6 ction sites BCS Stop & Go Potties $ 299.94 Madole Rental $ 300.00 Texas Commercial Waste $ 300.00 I QUOTE TABULATION Termite Treatment Annual Contract 10/01/04 - 09/30/05 D CRIPTION VENDOR ANNUAL CHG Provide T and monit basis for C and Maint ite Bait Treatment ng on a monthly my Courthouse ance Building. erminix 4,140.00 RP Lee Termite Control $ 4,320.00 Binford Insect Control $ 5,238.00 AM Pest Control NO RESPONSE Professional Pest Control NO RESPONSE ABC Pest & Lawn NO RESPONSE Entec Pest Management NO RESPONSE RI BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPAR ENT Road and Bridge NUMBER 560010 DATE O , COURT MEETING: September 7, 2004 ITEM: Pei-mission to enter Raymond Watson's property off for the nose of removing two dead trees partially in the county i i welfare of the OF FUNDS: N/A PRESENTA SUBMITTED BY: located in Precinct 1. the APPROVED BY: Commissioner Eric Caldwell Precinct 1 Richard Vance, P.E. County A-gineer This Ret Date: II or Denied by Commissioners' Court dy Sires, County Judge CIA (VI BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims County Judge Tony Jo Commis s Duane Peter ner Pct 1 Conmssioner Pct 2 Kenny Commi llard Carey Cauley, Jr. ner Pct 3 Commissioner Pet 4 g E Op ` I ~ r? 1?~ f3 f 0 Date August 24, 2004 1. AND OWNER AND ADDRESS Barbara or Raymond Watson 11380 Hopes Creek Road II. LOCATION OF WORK nes -k-R as III. ESCRIPTION OF WORK TO BE DONE permission to n Pr pro rty remo two dead trees partially in county right-of-way.for the health, IV. AINTENANCE YES NO xx F YES, ESTIMATED FREQUENCY OF MAINTENANCE (Owner ill be notified prior to maintenance) Richard T Vance P E W . , . . Bight o ay Agent County ngineer Owner Signature: Date VOL PAGE safety and