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2005-08-23-9:00AM-REGULAR
FILED M5 AUG I q P 2* 28 BRAZOS COUl\TYANS COUNTY BRYAN TEXAS BRYAN, TEXAS 4 , ,P~ : DEPUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 23 AUGUST 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Judge Sims 2. Call for citizen's input and/or concerns. 3. Presentation of Dr. Doug Vance, Director of Juvenile Services effective 15 August 2005. Consider and take action on agenda items 4 - 29: 4. Budget Amendment 04/05-41.1 thru 04/05-41.7 5. Personnel Change of Status. 6. Payment of Claims. 7. Proposed increase in fees for On-site Sewage Facilities (previously tabled). 8. Order approving and authorizing publication of Notice of Intention to Issue Certificates of Obligation and other matters related thereto. 9. Order No. 05-005 requiring the destruction of ten handguns, previously forfeited by the County Courts at Law for use by the Brazos County Attorney's Office, and determined to be mechanically unfit for any legitimate law enforcement purpose 10. Order No. 05-006 requiring the sale of nine handguns, previously forfeited by the County Courts at Law for use by the Brazos County Attorney's Office. Office of the County Judge • 300 East 26' St. • Suite 114 • Bryan, Texas 77803 . Fax: (979) 361-4503 VOL qJ PAGE I Commissioners Court Agenda 23 August 2005 Page 2 11. Renewal of the "Comprehensive Underage Drinking Enforcement Program" grant agreement with the Texas Department of Transportation. 12. Continuation of the following fees in addition to the vehicle registration fee for each vehicle registered in Brazos County: a. Child Safety Fund Fee $1.50 b. County Road and Bridge Fee $10.00 13. Selection Committee for RFQ 2005-030, Assistance in Planning for the Relocation of the Information Technology Department and Data Center, consisting of the following Brazos County employees: Carey Cauley, Pct. 4 Commissioner Kenny Mallard, Pct. 3 Commissioner Eric Caldwell, Director Of Information Technology Katie Conner, Auditor Bill Jeanes, Risk Manager Pat Howard, Purchasing Agent (non-voting member). Ekpe Okorafor, Information Technology (non-voting member) Duane Peters, Pct. 2 Commissioner (alternate) 14. Purchase of a Mitsubishi 2033C Uninterraptible Power Supply as a battery backup for critical systems in the Information Technology data center, and to provide additional battery backup time and remote notification. 15. Appointment of Presiding Judges and Alternate Judges for elections conducted by Brazos County. Appointments will be for a two year term, ending on 31 July 2007. 16. Title IV-E Child Welfare Services renewal contract for Fiscal Year 2006. 17. Request for approval of out of state travel for Linda LaSut, MPO Director, to travel to Denver, CO to attend the 2005 AMPO Annual Conference. Dates of travel are 11-14 October 2005. 18. Request for approval of out of state travel for Lt. David Drosche and Sgt. Pauline Alonzo to travel to Denver, CO for the National Conference on Correctional Health Care. Dates of travel are 8-12 October 2005. 19. Payment of invoice from the Brazos Valley Council of Governments in the amount of $6,500.00 for the purchase of congregate and home delivered meals for the Brazos County Senior Nutrition Program. 20. Permission to advertise Bid #2005-045 Road Signs and Sign Posts. 21. Permission to advertise Bid #2005-046 Heavy Machinery Rental. 22. Permission to advertise Bid #2005-047 Rental of Equipment with Operator. 23. Permission to advertise Bid #2005-048 Oversized Limestone Aggregate. VOL .11 PAGE a Commissioners Court Agenda 23 August 2005 Page 3 24. Award of Bid #2005-034 Oil Change, to H&M Wholesale for oil changes on Brazos County vehicles. Contract will be from 15 September 2005 until 14 September 2006. 25. Renewal of RFP #2004-037R Representation of Indigent Juveniles, with Gendron & Thibodeaux for an additional year. The new RFP number will be 2005-036R; term of agreement is 1 October 2005 until 30 September 2006. 26. Award of annual contract for the removal of scrap tires to Able Tire Disposal. Term of agreement is 1 October 2005 through 30 September 2006, with an option to renew for two additional years. 27. Request from Steve Lovett for variance to the Brazos County Subdivision and Development Regulations (one structure per acre of land restriction) to allow two (2) 80'x 80' buildings to be constructed on 1.77 acres of land. Site is located off State Highway 30 in Precinct 3. 28. Request from Verizon Communications to construct a road bore and 731 feet of buried cable in the right of way of Koppe Bridge Road, with cable placed at a minimum depth of 30 inches. Site is located in Precinct 1. 29. Request from United Telephone Company to construct a road bore and 5,935 feet of buried cable installations in the right of way of Koppe Bridge Road. Site is located in Precinct 1. 30. Announcement of interest items and possible future agenda topics. 31. Call for citizen input and/or concerns. 32. Agency / Board / Committee reports by Court members. 33. Adjourn The Brazos Center is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. V'R '11 PAGE 3 COMMISSIONERS' COURT REGULAR MEETING AUGUST 23, 2005 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, and beginning at 9:00 a.m. on Tuesday, August 23, 2005 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the following spoke: Sherry Killingsworth, Director of the Brazos Center a) Introduced Laura Lee Chapman as the new Assistant Director The next matter before the Court was the presentation of Dr. Doug Vance, the newly appointed Director of Juvenile Services effective August 15, 2005. The Court welcomed Dr. Vance. Vol 'J/ Page 4 Commissioners Court meeting August 23, 2005 2 The Court next considered Budget Amendment #04/05-41.1 through 41.7 that would reallocate funds for Court Costs, Sheriff Administration, Emergency Management and Ag Extension; and to transfer funds from contingency to Emergency Management, Court Support Costs and Human Resources. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted. A copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7010078 through 7010339 On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a proposed increase in fees for On-site Sewage Facilities. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to increase the fees from Vol A71 - Page S Commissioners Court meeting August 23, 2005 $150 to $200. 3 The Court next considered adopting an Order Approving and Authorizing Publication of Notice of Intention to Issue Certificates of Obligation and Other Matters Related Thereto. Demetrios Basdekas asked why the Court was borrowing money while cutting the tax rate. The County Judge responded that there just wasn't enough to cover expenses even if we did not reduce taxes. Mr. Basdekas said that this was a substantial amount that the County was borrowing and if the Court did not reduce taxes then the less they would have to borrow. He went on to say that he thought this should be covered by taxes rather than depending on borrowing where you have to pay fees and interest. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt the Order Approving and Authorizing Publication of Notice of Intention to Issue Certificates of Obligation and Other Matters Related Thereto. The next matter before the Court was approval of Order No. 05-005 requiring destruction of ten handguns, previously forfeited by the County Courts at Law for use by the Brazos County Attorney's Office, and determined to be mechanically unfit for any legitimate law enforcement purpose. On motion by Commissioner Peters, seconded by Commissioner Wassermann, Vol q/ Page Commissioners Court meeting August 23, 2005 4 the Court voted unanimously to authorize the destruction of the ten handguns on the attached list. The next matter before the Court was approval of Order No. 05-006 requiring the sale of nine handguns, previously forfeited by the County Courts at Law for use by the Brazos County Attorney's Office. The weapons are generally in good repair and have some marketable value. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the sale of the nine handguns on the attached list. The Court next considered re-approving and signing the "Comprehensive Underage Drinking Enforcement Program" grant agreement with the Texas Department of Transportation. This program will deter licensed establishments, their employees and other persons from selling or making available alcoholic beverages to underage persons. The grant will be funded 53.33° by Federal Funds and 46.67% County Matching funds and be overseen by the County Attorney's office. The budget, performance goals and indicators remain the same. The County Judge asked if the County's match had gone up. Theresa Diaz, with the County Attorney's office replied that it had slightly and will continue to increase with each renewal. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Vol ?l/ Page 9 Commissioners Court meeting August 23, 2005 5 Court voted unanimously to authorize the County Judge to approve the renewal on behalf of Brazos County and to forward the paperwork to the Texas Department of Transportation and accept on behalf of Brazos County such grant funds as may be tendered. A copy of the Grant Agreement is attached. The next matter before the Court was the continuation of imposing fees in addition to the vehicle registration fees. Currently, the County imposes a County Road and Bridge Fee in the amount that does not exceed $10.00 for each vehicle registered in the County and an extra fee in the amount not to exceed $1.50 for each vehicle registered in the County for the Child Safety Fund. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to continue to impose the two fees in addition to the vehicle registration fees. The Court next considered creating a committee to select a vendor to assist with the planning and implementation of the physical relocation of the Information Technology Department and the data center. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to create a selection committee and to appoint the following individuals to serve on the committee: Carey Cauley, Commissioner, Precinct 4 Kenny Mallard, Commissioner, Precinct 3 Vol '71 Page 9 Commissioners Court meeting August 23, 2005 6 Eric Caldwell, Director, Information Technology Department Katie Conner, Auditor Bill Jeanes, Risk Management Pat Howard, Purchasing Agent Ekpe Okorfor, Information Technology Department (non voting) Duane Peters, Commissioner, Precinct 2 (alternate) The next matter before the Court was a request from the Information Technology Department for approval to purchase a Mitsubishi 2033C Uninterruptible Power Supply from Power Unlimited, Inc. for Brazos County's primary data center. Cost of the item is $19,289.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the purchase. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to appoint the persons on the attached list as presiding judges and alternate judges for elections conducted by the county. This is a two (2) year term, ending on July 31, 2007. The list is attached. The Court next considered renewal of the Title IV-E Foster Care Maintenance contract for the 2006 fiscal year. This contract is funding that reimburses the county for qualifying expenses for children in the foster care program. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the renewal Vol 71 Page 9 Commissioners Court meeting August 23, 2005 7 of the Title IV-E Foster Care Maintenance contract for the 2006 fiscal year. A copy is attached. The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Office seeking approval for out of state travel for the Director, Linda LaSut to travel to Denver, Colorado to attend the 2005 Association of Metropolitan Planning organizations conference October 11 through October 14, 2005. On motion Commissioner Mallard, seconded by the County Judge, the Court voted unanimously to grant the request from the Metropolitan Planning Office and approved payment of out of state travel expense for Ms. LaSut. The next matter for consideration by the Court was a request submitted by the Jail Administrator seeking approval for out of state travel for Lieutenant David Drosche and Sergeant Pauline Alonzo to attend the National Conference on Correctional Health Care in Denver, Colorado October 8-12, 2004. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Jail Administrator and approved payment of out of state travel expense for Lieutenant David Drosche and Sergeant Pauline Alonzo. The Court next considered the payment of an invoice from the Brazos Valley Council of Governments Area Agency on Aging Vol ~ - Page N Commissioners Court meeting August 23, 2005 8 for $6,500.00 for the purchase of Congregate and Home Delivered Meals for the Brazos County Senior Nutrition Program. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve payment of the invoice. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2005-045, Road Signs and Sign Posts. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Road Signs and Sign Posts. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2005-046, Heavy Machinery Rental. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for heavy machinery rental. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2005-047, Rental Equipment with Operator. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Rental Equipment with Operator. Vol V/ Page / Commissioners Court meeting August 23, 2005 9 The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2005-048, Oversized Limestone Aggregate. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Oversized Limestone Aggregate. The Court next considered awarding Bid No. 2005-034, Oil Change. Pat Howard, Purchasing Agent, recommended acceptance of the bid submitted by H&M Wholesale (Shell Rapid Lube). On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to H&M Wholesale (Shell Rapid Lube). A copy of the bid tabulation is attached. The next matter before the Court was consideration of the renewal of RFP #2004-037-R, Representation of Indigent Juveniles. The contract will be for the same price of $145,000.00 with an additional stipulation that there be two (2) attorneys in Juvenile Court two days a week if more than nine (9) adjudications are set in a four (4) hour period. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of RFP #2004-037-R, Representation of Indigent Juveniles. Vol Page IA Commissioners Court meeting August 23, 2005 10 The next matter before the Court was the awarding of the annual contract for the removal of scrap tires. The Senior Buyer recommended awarding the annual contract to Able Tire Disposal as it was the only bid received. The County Judge questioned the "monthly" charge. The Purchasing Agent said it was a trip charge. The County Judge asked her to verify this. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the contract for scrap tire disposal subject to the "monthly charge" being a trip charge only. The Court next considered a request from Steve Lovett for variance to the Brazos County Subdivision and Development Regulations to allow two (2) 80 x 80 buildings to be constructed on 1.77 acres of land in Precinct 3. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request contingent on the developer complying with the following conditions: Because the site acreage being less than required we are restricting the waste water to only residential strength waste wate to be allowed to enter the OSSFs. Residential strength waste water is defined as 1) less than 300 gallons per day; 2) Biochemical oxygen demand (BOD) and total suspended solids (TSSs) shall not exceed: 30 day average of 20 mg/1; and single grab of 65 mg/1. Also the pH shall not at any time exceed 6.0 - 9.0 standard units. At no time shall industrial waste enter the system (e.g., form a Vol 121 Page I3 Commissioners Court meeting August 23, 2005 11 restaurant, a hair design studio, or a photo lab). Any OSSF design that does not adhere to the previous rules must be sealed by a professional engineer. The Court next considered the request from Verizon Communications to construct a road bore and 731 feet of buried cable in the right-of-way of Koppe Bridge Road; cable will be placed at a minimum depth of 30 inches. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Verizon Communications and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from United Telephone Company of Texas to construct a road bore and 5,935 feet of buried cable installations in the right-of-way of Koppe Bridge Road. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from United Telephone Company of Texas and authorized the installation. A copy of the request is attached hereto. Vol 1/ Page /f Commissioners Court meeting August 23, 2005 12 Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Said that he would like to have a workshop on land development in the county and to include detention and draining problems etc. This could be done after the budget process. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol ? Page 15 The foregoing minutes of the Commissioners Court meeting held August 23, 2005 have been examined and are approved in open Court this the '9+L- day of NOVch },P,- , 2005, in Bryan, Brazos County, Texas. hanay ms Coun Judge Lloy Wassermann Commissioner, Precinct 1 Duane Peters Kenny Mall d Commissioner, Precinct 2 Commissione , Precinct 3 Carey C uley, Jr. Commis Toner, Precinct 4 Attest: / Cif ` ar~~ aren McQueen County Clerk Vol 7/ Page l(~ 09- BRAZOS COUNTY COMMISSIONERS COURT MEETING ONi 2006-AT Name Organization/Department <;lr~ E~ I ei jv, T A~!,- A~ ~ A-,411176-IL7 Id ~ -71 r~fE /I BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 20(5-AT ,'Oo ~:w I a v Y ' OA v 5',_„~ OL ` ( FnG-L i e BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-41.1 thru 04/05-41.7 On this the 23`d day of August 2005 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 23 August 2005 the Court heard and approved a budget amendment for the 2004-2005 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 25 August 2004 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23rd day of August 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes AL I PAGE l9 ` BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 41.1 8/23/2005 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 10100 1110100001 72660000 CR Psychiatric Services 5,000.00 0100 11010000 61210000 DR CourtCosts 5,000.00 Court Support Costs -To move moneys to allow for more court cost expenditures than I I VOL ?l PAGE 20 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 41.2 8/23/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28000100 60320000 CR Firearms Readiness 1,700.00 0100 28000100 67281000 DR Equipment -Electronic 1.700.00 Sheriff - Admin.: To reallocate funds for the purchase of training weapons and ammunition that need to be charged to equipment - electronic line item. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 41.3 8/23/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 35500100 59100000 CR DDEA 1,000.00 0100 35500100 65950000 CR Vehicle Maintenance 750.00 0100 35500100 61801000 DR Travel 1,750.00 Emer enc Mana ement: ~4 To reallocate funds to allow for anticinated expenditures in travel. I '4-'~ q1 FA`ur ;U BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 41.4 8/23/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin enc 2,900.00 0100 35500100 71020000 DR Computer Contracts 2.900.00 I ITo move funds from County's contingency to cover the Web EOC annual maintenance cost as approved by the 8/2/05's Commissioners' Court. ~l PAGE a3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 41.5 8/23/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 37000100 60260000 CR Education Supplies 300.00 0100 37000100 61500000 CR Printing 44.00 0100 37000100 71502000 CR Rental - Facility 185.00 0100 37000100 61801000 DR Travel 529.00 lAgriculture Extension: ITo reallocate funds to allow for anticipated expenditures in travel. 71 R. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 41.6 8/23/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin ency 60,000.00 0100 11010000 61020000 DR Autopsy 60,000.00 I I Court Support Costs - To move moneys to allow for more autopsy expenditures than I I _PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 41.7 8/23/2005 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 15000100 61010000 DR Advertising - Le al Notices 4,500.00 0100 11001500 61130000 CR Contingency 4,500.00 Human Resources - To increase the budget for employment ad due to high turnover I IThis account cover the entire counties employment ads. 71 a4? PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 23, 2005 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Chan Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk Jones, Amber Resignation McAlpine, Jennifer Resignation Juvenile Services Vance, Douglas Coker, Collin Moved back to Deputy Director New Hire SO/Jail Duron, Diana Transfer to Another Dept. Approved in Commissioners' Court: August 21 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) ORDER APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION AND OTHER MATTERS RELATED THERETO WHEREAS, the Commissioners Court (the "Court") of Brazos County, Texas (the "County"), finds that the design, planning, acquisition, construction, equipping, expansion, and/or renovation of the public property and payment of fees for professional services described in Exhibit "A" hereto would be beneficial to the inhabitants of the County, and such property is needed to perform essential governmental functions, and the Court has determined that certificates of obligation (the "Certificates") should be issued pursuant to the provisions of the Certificate of Obligation Act of 1971, Section 271.041 et seq., Texas Local Government Code (the "Act"), for such purposes; WHEREAS, prior to the issuance of the Certificates, the Court is required under the Act to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the County, the notice stating (i) the time and place the Court tentatively proposes to pass the order authorizing the issuance of the Certificates (the "Order"), (ii) the maximum amount of Certificates proposed to be issued, (iii) the purposes for which the Certificates are to be issued, and (iv) the manner in which the Court proposes to pay the Certificates; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Section 1. The form and substance of the form of NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, which is attached hereto as Exhibit "A," is hereby adopted and approved. Section 2. The County Judge or the County Clerk shall cause the notice to be published, in substantially the form attached hereto, in a newspaper, as defined in Section 2051.044, Texas Government Code, as amended, of general circulation in the County for two consecutive weeks, the date of first publication to be at least 14 days prior to the date tentatively set for approval of the Order. Section 3. Both the County Judge and the County Clerk are hereby authorized and directed to execute the certificate to which this Order is attached on behalf of the Court and to do all things proper and necessary to carry out the intent thereof. EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE is hereby given that it is the intention of the Commissioners Court of Brazos County, Texas (the "County"), to issue interest-bearing Certificates of Obligation of the County to be designated and known as the `BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2005 (the "Certificates") for the purpose of providing for the payment of contractual obligations to be incurred in connection with the design, planning, acquisition, construction, equipping, expansion, and/or renovation of certain public property, specifically being acquisition of equipment for the County Jail; construction of a fire-proof room for the Road and Bridge Department; maintenance, improvement, and/or acquisition of right of ways with respect to the following County-owned roads: Hopes Creek Road, Stousland Road, Hopes Creek Meadow, Old Reliance Road, Rabbit Lane, Grassbur Road, Shirley Road, Timberwilde Road, Elmo Weedon Road, Redbud Drive, West 28`h Street, Rock Prairie Road, Merka Road, Thurmond Road, Marino Road, Scott Lane, Steep Hollow Creek, KRC Lane, Old Hearne Road, and Smetana Road; maintenance and improvement of County-owned roads within the River Run, Quail Run, Vista Oaks, and Shady Grove Subdivisions; maintenance and improvement of County-owned bridge structures on Deep Well Road, Silver Hill Road, and Ferrill Creek Road; renovating and equipping the County-owned buildings located at the intersection of East 27th Street and Texas Avenue; and the payment of contractual obligations for professional services in connection with such projects (including, but not limited to, financial advisory, legal, architectural, and engineering). The Commissioners Court tentatively proposes to authorize the issuance of the Certificates at its regular meeting place in the Commissioners Courtroom, Brazos County Courthouse, 300 East 26th Street, Bryan, Texas, at a Regular Meeting of the Commissioners Court to be commenced at 9:00 a.m., on the 20th day of September, 2005, in an amount not to exceed $3,000,000. The Commissioners Court presently proposes to provide for payment of the Certificates by the pledge of an annual ad valorem tax levied upon all taxable property within the County, within the limits prescribed by law, and by a pledge of $1,000 of certain of the revenues received by the County from the operation of the Brazos Center. The Certificates are to be issued, and this notice is given, pursuant to Section 271.041, et seq., Texas Local Government Code. /s/ Randy Sims County Judge, Brazos County, Texas ATTEST: /s/ Karen McQueen County Clerk, Brazos County, Texas (COMMISSIONERS COURT SEAL) San Antonio 1A14352\3 41365-18/15/2005 CERTIFICATE FOR ORDER We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County"), hereby certify as follows: 1. The Commissioners Court of the County (the "Commissioners Court") convened in regular session, open to the public, on August 23, 2005, at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Randy Sims, County Judge, and the following members of the Commissioners Court: Lloyd Wassermann, Duane Peters, Kenny Mallard, and Carey Cauley, Jr. All members of the Commissioners Court were present, except N/A thus constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written ORDER APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION AND OTHER MATTERS RELATED THERETO (the "Order") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Order be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Order prevailed and carried by the following vote: YES: 5 NOES: 0 ABSTENTIONS: 0 2. A true, full, and correct copy of the Order adopted at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the Meeting pertaining to the adoption of the Order; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Commissioners Court as indicated therein; each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. Karen McQueen is the duly elected and acting County Clerk of the County. SIGNED AND SEALED this August 23, 2005. z z7 -Y -4, x y Clerk, Brazos bun exas (SEAL) San Antonio 1\12094\2 n 41365-1 7/282004 30. BRAZOS COUNrrY BRYAN. TEXAS ORDER NO. 05-005 BRAZOS COUNTY COMMISSIONERS' COURT ORDER REQUIRING THE DESTRUCTION OF SPECIFIC FIRE ARMS BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS, REQUIRING THE DESTRUCTION OF TEN HANDGUNS PREVIOUSLY FORFEITED BY THE COUNTY COURTS AT LAW FOR USE BY THE BRAZOS COUNTY ATTORNEY'S OFFICE. WHEREAS, the ten handguns listed herein were previously forfeited by the County Courts at Law for use by the Brazos County Attorney's Office; and WHEREAS, it has been determined that these handguns are mechanically unfit for any legitimate law enforcement purpose; and WHEREAS, these weapons are considered by the County Attorney to be mechanically unfit for service or otherwise unsuited for defensive use; BE IT ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS that the Brazos County Attorney's Office is hereby authorized to destroy the ten handguns listed herein. MAKE MODEL SERIAL NO. CALIBER FIE GT 380 BH11214 .380 Llama 380 NSN .380 Davis P-32 P033828 .32 ACP Lorcin 125 304895 .25 ACP Raven MP-25 1575432 .25 ACP Jennings J-22 687291 .22 LR Made in Spain Revolver 7147 .32-20 RG RG 31 023015 .38 SP Tanfoglio TA 76 C94403 .22 LR CDM Revolver 009331 .22 LR READ AND APPROVED, on the first reading this the 23rd day of August, 2005. t :3 -11-/0 BRAZOS COUNTY BRYAN. TEXAS ORDER NO. 05-006 BRAZOS COUNTY COMMISSIONERS COURT ORDER REQUIRING THE SALE OF SPECIFIC FIRE ARMS BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, REQUIRING THE SALE OF NINE HANDGUNS PREVIOUSLY FORFEITED BY THE COUNTY COURTS AT LAW FOR USE BY THE BRAZOS COUNTY ATTORNEY'S OFFICE. WHEREAS, the nine handguns listed herein were previously forfeited by the County Courts at Law for use by the Brazos County Attorney's Office; and WHEREAS, it has been determined that these handguns, being of various calibers, lacking accessories or having designs not well suited for law enforcement, are no longer needed or used for law enforcement purposes; and WHEREAS, these weapons are generally in good repair and have some marketable value; and WHEREAS, the Brazos County Attorney intends to sell these weapons to peace officers or to authorized firearms dealers, and the proceeds from these sales will be used to purchase new handguns for issue and use by that office; BE IT ORDERED, ADJUDGED AND DECREED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS that the Brazos County Attorney's Office is authorized to sell the handguns listed herein. MAKE MODEL SERIAL NO CALIBER Smith & Wesson Pre-Model 10 C175555 .38 SP Smith & Wesson Model 10 C574980 .38 SP Smith & Wesson Model 64-2 7D26723 .38 SP Smith & Wesson Model 19-5 254K527 .357 MAG Smith & Wesson Model 686 AAD5797 .357 MAG Roger Super Blackhawk 83-86426 .44 MAG Roger Single-Six 66-87469 .22 MAG NAA 22LR V33422 .22 LR Browning Baby Browning 347694 .25 ACP READ AND APPROVED, on the first reading this the 23rd day of Ano„ct 2005. County Judge ?1 3~ PIN (14 characters only): 17460004330038 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and Brazos County, hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n): ❑ State Agency ® Unit of Local Government ❑ Other (describe): ❑ Non-Profit Organization ❑ Educational Institution AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s) 2006. Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Brief Project Description: To deter licensed establishments and its employees from selling alcoholic beverages to underage persons in Brazos and contiguous counties Grant Period: The Grant becomes effective on 10/01/2005, or on the date of final signature of both parties, whichever is later, and ends on 09/30/2006 unless terminated or otherwise modified. Maximum Amount Eligible for Reimbursement: $50.000. The following attachments are incorporated as indicated as a part of the Grant Agreement: ■ Attachment A, Mailing Addresses ■ Attachment B, General Terms and Conditions (TxDOT Form 1854) ■ Attachment C, Project Description (TxDOT Form 2076) ■ Attachment D, Action Plan (TxDOT Form 1852) ■ Attachment E, Project Budget (TxDOT Form 2077 or 2077-LE) ❑ Attachment F, Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement Program grants only) Page I oft 323 TxDOT Form 2075 (rev. 611412004) Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the Grant Agreement, she/he will sign and submit to the Department a letter designating signature authority by position title for grant-related documents other than the Grant Agreement or Grant Agreement amendments. These other grant-related documents will include, but not be limited to, the following: performance reports, final performance report and administrative evaluation report, Requests For Reimbursement (RFRs), and routine correspondence. THE SUBGRANTEE Brazos Coun [Legal Na of Age r y By Si ] [Author:'s Rand [Name] County Judge [Title] THE STATE OF TEXAS 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 District Engineer Texas Department of Transportation Date: 2,1 23 Jai U5 Under authority of Ordinance or Resolution Number (for local governments): [Name] [Title] Date: By Director, Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $100,000.) Date: Page 2 of 2 , r RDOT Form 2075 (rev. 611412004) Attachment A Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Mailing Addresses For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence. (NOTE: For warrants (checks), the address indicated by the electronic mail code, which is the last three digits of the PIN on page 1 of this Grant Agreement, shall be used for disbursing payments. If that address is not where the Subgrantee wants warrants or checks to be sent, the Subgrantee needs to notify the Department of any appropriate changes. For Subgrantee(Project Director): Name: Jim Kuboviak Title: Brazos County Attorney Organization: Brazos County Attorney's Office Address: 300 East 261" Street, Suite 325 Bryan, Texas 77803 Phone: (979)361-4300 Fax: (979)361-4357 E-mail: kuboviak@txcyber.com Note: Any change in the Subgrantee information in this Attachment A, Mailing Addresses, does not require an amendment to the Grant Agreement. However, the Subgtantee must submit a letter with the corrected information to the Department address below within 15 days of the change. For Texas Department of Transportation: Name: Title: Trans Operations Engineer/Traffice Safety Specialist Organization: Texas Department of Transportation Address: 1300 N. Texas Texas 77803 Phone: (979)778-2165 Fax: E-mail: KBARNESt?a dot state.tx.us nPage I of I TxDOT Form 2075 (rev. 611412004) Attachment B Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Subgrantee: Brazos County Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. Page I of 11 TxDOT Form 1854 (rev. 712012004) '1~ „%L 3l~ Attachment B Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Subgrantee: Brazos County H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in 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" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, 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 otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment E, Traffic Safety Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to 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 Title: Brazos County Comprehensive Underage Drinking Enforcement Program Subgrantee: Brazos County Budget, specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with Attachment E, Traffic Safety Project Budget. The Subgramee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department prior to the Request for Reimbursement being approved. This notification must be in the form of an attachment to the Request for Reimbursement that covers the period of the overrun. This attachment must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In Attachment E of the Grant Agreement, Traffic Safety Project Budget (Form 2077-LE), Subgrantees are not allowed to use undemm funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use undemm funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with underrun funds from Budget Categories II or in. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with Attachment E, Traffic Safety Project Budget, within the time frame specified in the Grant Period on page 1 of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. Pa e 3 RDOT Form 1854 (rev. 712012004) MvL Attachment B Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Subgrantee: Brazos County E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A-21, Cost Principles for Institutions of Higher Education; • A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in Attachment D, Action Plan, within thirty (30) days after the end of the billing period. The Subgrantee will use billing forms acceptable to the Department. The original Request for Reimbursement, with the appropriate backup documentation, must be submitted to the Department address shown on Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the Request for Reimbursement and appropriate backup documentation, plus three (3) copies of the Request for Reimbursement without backup documentation, must be submitted to this same address. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period, which is specified on page 1 of this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment designated by the Department. Any amendment must be executed by 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 Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Page 4 of 11 TxDOT Form 1854 (rev. 712012004) Attachment B Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Subgrantee: Brazos County Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, as designated in Attachment D, Action Plan, the Subgrantee shall submit a performance report using forms provided or approved by the Department. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost undemms, overruns, or high unit costs. The Subgrantee shall submit the Final Performance and Administrative Evaluation Report electronically within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. Page 5 of 11 TxDOT Form 1854 (rev. 712012004) VOL #7/ PAGE yO Attachment B Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Subgrantee: Brazos County B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified on page 1 of this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee 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 well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ltp !P '/~age 6 of 1>1 RDOT Form 1854 (rev. 712012004) ~v / / PAGE ~'I Attachment B Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Subgrantee: Brazos County ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified on page 1 of this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business Page 7 of]] ADOT Form 1854 (rev. 712012004) u~ *71 Fri A- 4Q Attachment B Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Subgrantee: Brazos County lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: Page 8 of 11 TxDOT Form 1854 (rev. 712012004) '10L ql PAGE T"3 Attachment B Project Title: Brazos County Comprehensive Underaee Drinkine Enforcement Program Subgrantee: Brazos County • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agree- ments to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U. S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Paagf e 9 of 11 RDOT Form 1854 (rev. 712012004) 'VA _F r. Attachment B Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Subgrantee: Brazos County C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. P 10 of 11 TxDOT Form 1854 (rev. 712012004) Attachment B Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Subgrantee: Brazos County ARTICLE 24. DEBARMENT/SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to famish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds 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 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgramee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. Page 11 of 11 ADOT Form 1854 (rev. 712012004) 7/ PACE ~Ip Attachment B Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Subgrantee: Brazos County This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: hLtp://www.dot.state.tx.us/cso/default.htm. Page 12 of II RDOT Form 1854 (rev. 712011004) ',,ty1 ~I FtiiaE Attachment C Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Name of Subgrantee: Brazos County 1Yaffic Safety Project Description 1. OBJECTIVES: A. To complete administrative and general grant requirements by September 30, 2006, as defined in the Action Plan (Attachment D). B. Decrease the number of fatal alcohol-related crashes by person under 21 from the 1999 baseline year total of 29 by 3. C. Develop an inter-agency task force with a minimum of 9 law enforcement agencies. D. Conduct a minimum of 60 minor sting enforcement activities targeting those who provide alcohol to minors. E. File a minimum of 38 administrative cases on licensed establishments that sale or serve alcohol to minors. F. File a minimum of 38 criminal cases on employees of establishments that sale or serve alcohol to minors. G. File a minimum of 30 criminal cases of person who make alcohol available to minors. H. Identify and file a minimum of 12 criminal cases on persons who possess fictitious or altered identification. 1. Issue a minimum of 160 citations for Minor in Possession violations. II. PERFORMANCE MEASURES AND ANNUAL TARGETS: The following performance measures and target numbers, when applicable, shall be included in each Performance Report (Form 1871) and summarized in the Final Performance and Administrative Evaluation Report (Form 1874): Measure Target Number Decrease the number of fatal alcohol-related crashes by 3 person under 21 by September 30, 2006. Number of inter-agency task forces to conduct sting 1 operations by September 30, 2006. Number of minor sting enforcement activities by 60 September 30, 2006. Number of administrative cases on licensed 38 establishments that sale or serve alcohol to minors by September 30, 2006. Number of criminal cases on employees of 38 establishments that sale or serve alcohol to minors by September 30, 2006. Number of criminal cases of person who make alcohol 30 available to minors by September 30, 2006. Number of criminal cases on persons who possess 12 Traffic Safety Project Description Page 1 of 3 TxDOT Form 2076 (Rev: 71812004) Project Title: Brazos County Comprehensive Underage Drinking Enforcement ProgramAttaehment C Subgrantee: Brazos County fictitious or altered identification by September 30, 2006. Number of citations for Minor in Possession violations 160 by September 30, 2006. . III. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out the objectives and performance measures of this Grant Agreement by implementing all activities in the Action Plan (Attachment D). 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 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 Prop-ram 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. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. 1. 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. Traffic Safety Project Description Page 2 of 3 TxDOT Form 2076 (Rev: 71812004) IV. RESPONSIBILITIES OF THE DEPARTMENT: A. 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 referenced and approved in the Highway Safety Plan and Grant Agreement, a Subgrantee may generate or earn program income from grant-supported activities. Such earnings may include, but will not be limited to, income from service fees, sale of commodities, usage or rental fees, and royalties on patents and copyrights. If included in the grant budget, approved costs paid for with program income can be used as project match. All program income earned during the Grant Period shall be retained by the Subgrantee and, in accordance with the grant or other agreement, shall be added to federal funds committed to the project and be used to further eligible program objectives. Program income that remains unexpended after grant end shall continue to be committed to the original grant objectives. Traffic Safety Project Description ~7Page 3 of 3 TxDOT Form 2076 (Rev: 81512003) d v U N o t C r c a0 E Q > c W it It II Y no 0 a~ v 0 c E ° m m 0 co a o z N Q O M J rn a O N y Z W c p N U. C E Y ~ V c c Q ~ v N r.+ N C cu N O) C ~ ` N N C N L C co N E ` U N C c 0 C E -0 U o Co N 0 to 0 a O _ [2 CO N Co E 0 m 8 W W I- N W in ° C~v W L Z > V uc~i w O € w m CO 0 a V) 0 O z a s O W U) a a a - Q a a a s x a s a s z 0 H a a w a a a ~ ~ a a a a a W a a a a a W a a s a a O a a z r a CL a L m ca N N 0 N Z d 0 0 0 N c E c c c c c E c c o a N M ~ M Co Co m m r ` to m rn rn CF. co rn W 7 7 0 7 7 7 = 7 0 7 a (n to O to co to to co a co d a > w c c~ % c N 0 V p N O a O L E U ~ 0 N c 0 N c N c N V r E N O 0 ' 6 ~ > > d a M y n 0 of ~ E Mn > rn T C N , C co ~O E N C W 0 2 0 0 C > C O Ol C 0 0 E d K a' 0 d C 0 0 U y N C d F € aNi dO ° E 'O Q O O a' a 7 0 C C) 0 0 0 C C 0 0 0 O m r a of it o m v~ E c EE ' ^ V 7 ~ E o i a a am B ( i Q ' W 2 pp i H n n 2 U) U) t n V nto U o a = ci r v iri co r~ N 0 v a T d > v f6 C U Co Rf C E > W u n l 1 a 0 ~ Q J CL CI O Z O Or V Q , ml LI N W m W W 1 F Z > 0 LLI 7 W S 0 j m LL a U) O O Z U O y a a a a a Q a. a a a a o. a a a a a Z z a a a a a CL s a a a H W Q a n. n_ a a a a a a a a a LL o. n. a a a CL a a a a Wa a. IL a a a Z a a. IL a a 0 a a a a a W J m N N N N d d d O m m m c m coo a N rn m m m m ` W j > > 7 7 7 z cn U) CO CO U) co N ` ~ O C N 7 N E C m U o p - N E N p v o O V) U a co E O O x O w > N ` E O O O - N 0 p 0 . 0 Fo N 3 3 E d > r r_ 0 oa 0.0 0 0 C y c c aa)i U 4) E C a Q 0 V t N O = 0 2 O p 0 C N a) U > of - 0- 0 N 0 0.2? V) 4) 2 O ~pp L ( 0 gycpp c m (!0(p a) C ' Z a U co U _ cc U C O E a) G N a7 C a) a7 C m a7 C Vl f ~a w 'O cc d U L cr, 8 C T W +C (a a) O V= O a) w 4) a) 'O 4=. N N m F-a F- m 0 F- U Q ~ N M V U5 (0 O 4 O a C a) N m 0) m ai a _m 0 0 `m t w O C co -o -0 M H C (0 a C O Q Y C a N L 0 m cc (6 42 U Q) Y U U a) a 0 a N O N 0. a~a ~1 = 5a Attachment E A iau Fomi 2077 Pagel of 3(rev. 8/12/2004) Traffic Safety Project Budget Project Title: Brazos County Comprehensive Underage Drinking Enforcement Program Name of Subgrantee: Brazos County Fiscal Year: 2006 (Round figures to nearest dollar) ❑ Check here if this is a revised budget. Other/ Program Date Revised: TaDOT State/Local Income TOTAL Budget Category I - Labor Costs (100) Salaries ® Overtime or ❑ Regular Time Salary rates are estimated for budget purposes only. Re- imbursements will be based on actual costs per employee in accordance with Subgramee's payroll policy and salary rate. List details (specify title, salary rate, and percent of time): A. Grant Coordinator - 92% of Annual Salary. Fulltime. Regular Time 0 35,000 0 35,000 B. Peace Officers - Brazos County Employees - Rate varies by employee. Overtime 7,000 0 0 7,000 C. Undercover Minors - Temporary Brazos County Employees - 24 - 6 hours sessions Gil $15.00/hr 2,160 0 0 2,160 D. 0 E. 0 F. 0 G. 0 H. 0 I. 0 J. 0 K. 0 Total Salaries 9,160 35,000 0 44,160 (200) Fringe Benefits* List details (specify title and fringe rate): A. Grant Coordinator - Fringe Rate = 25% of Local Match Figure 0 8,750 0 8,750 B. Peace Officers - Brazos County Emplovees - Fringe Rate - 25% 1,750 0 0 1,750 C. Undercover Minors - Temporary Brazos County Employees subject to Worker's Compensation - Fringe Rate = 25% 540 0 0 540 D. 0 E. 0 F. 0 G. 0 H. 0 1. 0 J. 0 K. 0 Total Fringe Benefits 2,290 8,750 0 11,040 * Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) I.J J_.- - Attachment E TxDOT Form 2077 (rev. 8112/2004) Project Title: Brazos County Comprehensive Underage Drinking Enforcement Page 2 of 3 Program Subgrantee: Brazos County Fiscal Year: 2006 (Round figures to nearest dollar) ❑ Check here if this is a revised budget. Other/ Program Date Revised: TzDOT State/Local Income TOTAL 1. Total Labor Costs (100 + 200)- 11,450 43,750 0 55,200 Attachment E TxDOT Form 2077 (rev. 8/12/2004) Project Title: Brazos County Comprehensive Underage Drinking Enforcement Page 3 of 3 Program Subgrantee: Brazos County Fiscal Year: 2006 ❑ Check here if this is a revised budget. Date Revised: Budget Category II - Other Direct Costs (300) Travel and Per Diem* Reimbursements will be in accordance with Subgrantee's travel policy. Subgrantee must bill for actual travel expenses - not to exceed the limits reimbursable under state law. (400) Equipment* (500) Supplies* 500 560 650 (600) Contractual Services* 25,520 (700) Other Miscellaneous* A. Public information & education (PI&E) materials..... 0 1. Educational items = $0 (examples: brochures, bumper stickers, posters, fliers, etc.) 2. Promotional items = $0 (examples: key chains, magnets, pencils, pens, mugs, etc.) B. Other Total Other Miscellaneous..... 11,320 11,320 II. Total Other Direct Costs (300+ 400 + 500 + 600 + 700). (Round figures to nearest dollar) Other/ Program TxDOT State/Local Income TOTAL 0 0 500 0 0 560 0 0 650 0 0 25,520 0 0 0 0 0 11,320 0 0 11,320 38,550 0 0 38,550 Budget Category III - Indirect Costs (800) Indirect Cost Rate* (at 0 0 0 0 Summary: Total Labor Costs 11,450 43,750 0 552200 Total Other Direct Costs 38,550 0 0 38,550 Total Indirect Costs 0 0 0 0 Grand Total (I + II + III) 50,000 43,750 0 93,750 Fund Sources (Percent Share) 53.33% 46.67% 0.00% * Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) BUDGET DETAIL FY2006 (300) Travel and Per Diem TxDOT State/Local TOTAL Personnel to attend Project Coordinator's school 500 500 Mileage(documentation of rate is Required prior to reimbursement), Airfare, car rental per diem, etc. (400) Equipment (specify type/quantity) 1. Maintenance and Repair of undercover video equipment 560 560 (Includes the cleaning and repair of existing cameras and recorders and the replacement of existing rechargeable batteries.) (500) Supplies 650 650 1. Items used for Concealment (Apparel or other items to conceal camera and recorder, includes the purchase and cleaning of shirts, caps, jackets, etc. and other items used for this same purpose) 2. Videotapes (8mm and VHS tapes used in recording criminal and administrative violations for trials and hearings) 3. Office Supplies (Copy paper, file folders, note pads, ink cartridges, paper clips, binders, etc.) (600) Contractual Services 25,520 25.520 1. Peace Officers - Contractual 23,000 _ 5 Peace Officers x 46-4 hour sessions @ $25.00 per Hour 920 Hours = $23,000 2. Video Recorder (person) 2,520 24-6 hour sessions @ $17.50 per Hour 144 Hours = $2,520 Page 1 of 2 va-71 PAGE 23,000 2,520 BUDGET DETAIL FY2006 (Continued) TxDOT (700) Other (B) 11,320 Impress "Buy" Funds 1,200 (to be used in sting operations) Mileage 9,000 30,000 miles @ $30 per mile *Rate used only for budget estimate Reimbursement will be made according to Approved subgrantors average cost per Mile to operate patrol vehicles, not to exceed $30 per mile. Documentation of cost per mile is required prior to reimbursement. Mileage for other Agency Vehicles 1,120 4,000 miles @ $30 per mile Page 2 of 2 STATE TOTAL 11,320 1,200 9,000 1,120 l rresrnbed by Semenny of State Section 32.002 (d), V.T.C.A., Election Code 1/86 I, Karen McQueen, County Clerk of Brazos County do hereby recommend the following persons appointed presiding judge and alternate judge for elections conducted by the county. The appointment will be a 2 year term, ending on July 31, 2007. Precinct No Presiding Judge Alternate Judge 1 2abc/82 3ab 4abe/79/43 Sab 6 lab 8 9 1Oab 11 12 13 14/49/55/57 15/53 17 18abc 20 21 23 24 25 26 27ab 28b/68 30/77/19 31 32 Teri Metcalf D Ferrell Tilley D Regina Fore D Minnie Davila D Jane Moore D Nell Johnson D Helen Wager D Mary DeVaul D Beatriz Hastie D Bart Braden D Dora Shirley D Jean Lewis D Norma Bragg D Doris Coleman D Rena Cangelose D Paul Peterson D Nora Lea Wasson D Delores Turincio D John David Blakely D Gerald Rieger D Linda Halter D Kathy Nicols D Jane Lueckomeyer D Janice Moehlman D James Barker D Bobbie Peterson D Vi Cook D Jean Cangelose D ~~.°7I rAGE 59 Precinct No Presiding Judge Alternate Judge 33/72/74 Lucy Peterson D 34 Larry Oliver D 35ab Luci Smith D 36 Sylvia Polansky D 38 Bobbie Newton D 39 Gene Charleton D 40 Jimmy Restivo D 41/28a/42 Dixie Tracy D 45/44/46/47/ Evelyn Greer D 78/81 52/16 Bernice Ward D 54 Pauline Restivo D 62/29 Ruby Ellis D 63ab Bob Presley D 70ab/64/67 Donna Dicharo D 80 Terri Miller D Randy Simytrazos County Judge Date Votes ea st: 5 / Texas Dept of Family Form 2046 a and Protective Services Certification Regarding Debarment, May zooa Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts Federal Regulations (45 CFR part 76) require the Texas Department of Family and Protective Services (DFPS) to determine whether each potential contractor has been debarred or suspended or proposed for debarment or suspension under 48 CFR part 9, are ineligible, as defined in 45 CFR §76.105(i) or has accepted a voluntary exclusion. Each covered contractor must also make the same determination for each of its covered subcontractors. Contractors and subcontractors are both referred to as lower tier participants in this Certification. Instructions for Certification By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below: The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances, whether the circumstances occur before the contract begins, during the term of the contract, or during the term of an extension of the contract. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. Do you have or do you anticipate having subcontractors under this proposed contract? ❑ Yes A No 5. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. { ?L "7/ P~ti,l 60 Texas Dept of Family Form 2046 and Protective Services Certification Regarding Debarment, May zooa Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions Indicate in the appropriate box which statement applies: 1B The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. OR ❑ Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant has attached an explanation to this certification. Commissioners' Court of Brazos County Name of Potential Contractor 17460004330 2003074031 DFPS Contract No. (if applicable) d.2106 Date Randy Sims Brazos County Judge Pdnted/ryped Name of Authorized Representative Title :;x`71 1. L Attachment B, County Title IV-E Foster Care Maintenance Contract Brazos County Contract # 2003074031 FY 05-01 ATTACHMENT B ALLOWABLE FOSTER CARE MAINTENANCE COSTS TRAINING EXPENSES (IV-E Specific Training) Brazos County will not be providing short-term training in FY05. ATTACH NARRATIVE WITH A DESCRIPTION OF EACH TRAINING TO BE PROVIDED. INCLUDE A DESCRIPTON OF HOW THE TRAINING IS RELATED TO TITLE IV-E FUNCTIONS. INCLUDE ESTIMATED TOTAL COST FOR EACH TRAINING AND INCLUDE TRAVEL, PER DIEM, REGISTRATION FEES, ETC. Note: Training reimbursed with Title IV-E funds must be focused on enhancing knowledge and building skills necessary to perform functions directly related to the benefits offered by the IV-E program to improve outcomes for children placed in out-of-home care. Travel and per diem expenses cannot be reimbursed above the current travel and per diem rates established by the State of Texas. Adequate documentation to support expenditures must be maintained and made available to TDPRS upon request. ~b C l ~ F-,)6 Attachment A, County Title lV-E Foster Care Maintenance Contract Brazos County Contract # 2003074031 FY 05-01 ATTACHMENT A ALLOWABLE FOSTER CARE MAINTENANCE CLAIMS (Title IV-E Eligible Children - Child Specific) Clothing Shelter Daily supervision (day care) Transportation (biological family or court ordered visitation) School Supplies Child's Personal allowances, gifts, and personal items) NOTE: This is not an all-inclusive list of allowable foster care maintenance expenses. The county may elect to add items to this list with the prior approval of the Regional Contact Manager. Expenditures must be directly related to a Title IV-E eligible foster child. Adequate documentation to support expenditures must be maintained and made available to the Department upon request. jV ~ c~~C~n 5 ' 0 r FY6 & Attachment C, County Title IV-E Child Welfare Services Contract Brazos County Contract # 2003074031 FY 05-01 ATTACHMENT C ALLOWABLE FOSTER CARE ADMINISTRATIVE OR INDIRECT COSTS For Counties Claiming Reimbursement For Allowable Administrative or Indirect Costs (Other Than Training) Brazos County will not be claiming foster care administrative or indirect costs in FY05. ATTACH A COST ALLOCATION PLAN (BUDGET AND NARRATIVE) SHOWING ALL DIRECT AND INDIRECT COSTS FOR WHICH THE COUNTY SEEKS REIMBURSEMENT UNDER TITLE IV-E. Note: Allowable Administrative or Indirect expenses may include the following (not an all- inclusive list): Referral services Preparation for judicial determination (limited to preparation of reports to the court and participation in court proceedings by County personnel Placement of a child Development of the case plan Case reviews Case management and supervision Proportionate share of related County overhead Adequate documentation to support expenditures must be maintained and made available to TDPRS upon request FYOL ke s n.o 'ul'i, ll~t~t'~u,LL ~o GLrv Texas DeptoSeri and Protective Services Internal Control Certification (ICC) Form 90071cc February 2005 Contractor: Commissioners' Court of Brazos County DFPS Contract Number(s): 2003074031 Please note that an ICC can only be used to certify an ICSQ that is not older than four fiscal years (current and 1st three prior fiscal years). 1. Please initial and date next to the appropriate box after reviewing the applicable section of the ICSQ being certified: k L, GENERAL/ACCOUNTING CONTROLS - Review for changes to allocations plans, if $ rs ° applicable; Chart of Accounts, information on contractstprograms administered; any changes to accounting system, etc. PERSONNEL - Review for changes to personnel and payroll practices. TRAVEL - Review for changes to travel policy. - Review for changes to capitalization threshold and inventory. - Review for changes in procurement and/or monitoring RELATED PARTY TRANSACTIONS - Review for changes of related parties in organization and updated lease information. ALLOCATION - This Section is specific to State Agencies and Universities only. Review for updated allocation plans and person who certifies the plan, and updated Certification of Match funds procedure. ADDITIONAL SECTIONS FOR RESIDENTIAL CONTRACTORS ONLY: LEVEL OF CARE PAYMENTS - Review for any changes to policy or tracking systems. FOSTER CARE MAINTENACE - Review for any changes to minimum pass thru rates, etc. 2. 1 have reviewed the Internal Control Structure Questionnaire and supporting documentation originally certified by our organization on March 25, 2004, and re-certify one of the following: ❑ T ICSQ and supporting documentation remains true and accurate, with no exceptions. The ICSQ and supporting documentation remains true and accurate, with the exception of changes indicated on the attached documents. (Please indicate the applicable contract number, corresponding ICSQ number and how changed.) -/s-Os Signature of Authorized Representative Date ~/lliE 0A-)A-~.t" ( OUw7-y ro2rr»~ Printed/Typed Name Title V T PAGE &5 June 2005 Risk Analysis Questionnaire Contract Name: Commissioners' Court of Brazos County I Contract Number: 2003074031 & _ 12003074030 lease provide the person's name and number to contact if additional information is need: Date Questionnaire Completed: INSTRUCTIONS: Please answer the following questions In order to assist the Contract Staff in evaluating the risk of your service contract to the agency and/or to CPS clients. 1. Do you currently have other contracts with DFPS or any other Governmental entity [federal, state (ISD, University) county]? No E] Yes ® If yes, please check the appropriate number below: ❑ 1 contract ❑ 2 contracts ❑ 3 to 4 contracts 14 more than 4 contracts 2. Check the appropriate time period, measured from the fiscal period beginning September 2005, since your last audit (such as an annual independent audit, compliance audit, single audit, etc.) was completed by an independent auditor, including another state/federal agency. ® Less than 1 year ❑ 1 year ❑ 2 years ❑ 3 or more years OR No Audit completed 3. Type of Related Party Transactions: "Doing business" refers to business activities such as purchasing (e.g., a building, a computer, a vehicle, etc.), leasing (e.g., a building, a computer, a vehicle, etc.), and/or obtaining a service (e.g., legal services, accounting services, banking services, etc.), even if the purchase/lease/service is provided at no charge from anyone related by blood or marriage to a member of your Board of Directors; a principal stockholder; or a key employee. See 40 TAC § 732.240 (g). Does your agency do business with any of the above-mentioned parties for the following? ❑ Yes 9 No Non-compensated services ❑ Yes ® No Transportation ❑ Yes ® No Non-routine or non-recurring services ❑ Yes ® No Labor ❑ Yes ® No Consulting or Management services ❑ Yes ® No For-profit aff iliated with non-profit ❑ Yes ® No Building/Leasing ❑ Yes ® Owned/operated by same or related entity 4. The percentage of total expenditures paid out to Subcontractors in a fiscal year. ® 0% ❑ 20% or less ❑ 21 % to 40% ❑ more than 40% GOL Pace kr June 2005 5. Experience of management staff and key personnel: Note: Fiscal components refer to the financial aspect of the contract. Programmatic components refer to the program side of the contract, such as monitoring that services are provided to clients, monitoring the quality of the service delivery, ensuring compliance to the service provisions in the contract (Section VIII). NOTE: Only one column should be completed for each position. Position Experience with fiscal AND Experience with ONLY Experience with ONLY program components of fiscal components of programmatic components federal and/or state federal and/or state of federal and/or state contracted programs contracted programs contracted programs Executive Director ❑ Less than 2 years ❑ Less than 2 years ❑ Less than 2 years NIA ❑ 2 years or more ❑ 2 years or more ❑ 2 years or more President - Less than 2 years ❑ Less than 2 years 13 "Less than 2 years LiX'r\.4Y J"A?t [ 2 years or more 0/2 years or more ❑ 2 years or more Accounting d Less than 2 years ❑ Less than 2 years E Less than 2 years [Comptroller, Chief Financial Off per r66-r-,- ' L years or more ~2 years or more ❑ 2 years or more usines$ s Mgr, Program Director ❑ Less than 2 years ❑ Less than 2 years ❑ Less than 2 years ❑ 2 years or more ❑ 2 years or more ❑ 2 years or more 6. Total Contractor Experience and Change of Key Personnel Check the appropriate box below to identify your total contractor experience (including experience with non-DFPS agencies) providing the type of service being contr cted. a ❑ 0 to 12 months ❑ 13 to 35 months E Y36 to 59 months ❑ 60 or more months Check the appropriate box below if there has been any significant change in key personnel as of September 2005. Key personnel in this case are professional staff performing direct delivery services. dN i ifi t h i l 2 o s gn can c ange n ast years ❑ Significant change in key personnel within ❑ last 2 years ❑ last 12 months VUL ' / PAGE 0 August 12, 2005 Brazos County Internal Control Certification - Changes to ICSQ Section II 9(a) Irene Jett - Director of Accounting changed to Fang Deng - Director of Accounting Add Amy Bates - Asst Auditor Remove Concha Palomares - Asst. Treasurer 9(b) Brooke Jensen - Asst. Auditor changed to Megan Conkel - Asst Auditor 9(c) Remove Concha Palomares - Asst. Co Treasurer 9(d) Irene Jett - Director of Accounting changed to Fang Deng - Director of Accounting 11 Irene Jett - Director of Accounting changed to Fang Deng - Director of Accounting 12 Irene Jett changed to Fang Deng for Updating and Changing 14 Irene Jett changed to Fang Deng - Director of Accounting 17 Irene Jett changed to Fang Deng - Director of Accounting 23 Remove Concha Palomares - Asst Co Treasurer 25 Remove Concha Palomares - Asst Co Treasurer U"L J9/ FAC-L 66 Texas Dept of Family Internal Control Certification (ICC) Form 9007icc and Protective Services June 2004 Contractor: Commissioners' Court of Brazos County DFPS Contract Number(s): 2003074030 & 2003074031 Please note that an ICC can only be used to certify an ICSO that is not older than four fiscal years (current and 1 n three prior fiscal years). 1. Please initial and date next to the appropriate box after reviewing the applicable section of the ICSQ being certified: (L Z2Z 0'~ GENERAtJ. ACCOUNTING CONTROLS -Review for changes to allocations plans, if applicable; Chart of Accounts, information on contractstprograms administered; any '/changes to accounting system, etc. A 7 2 Z-or PERSONNEL - Review for changes to personnel and payroll practices. 7 ZZ TRAVEL - Review for changes to travel policy. ,CC 7- Z Z 9= MENT - Review for changes to capitalization threshold and Inventory. A 1" ZZ ° SUBCONTRACTORS -Review for changes in procurement and/or monitoring procedures. RELATED PARTY TRANSACTIONS - Review for changes of related parties in organization and updated lease information. ALLOCATION - This Section is specific to State Agencies and Universities only. Review for updated allocation plans and person who certifies the plan, and updated Certification of Match funds procedure. ADDITIONAL SECTIONS FOR RESIDENTIAL CONTRACTORS ONLY: LEVEL OF CARE PAYMENTS - Review for any changes to policy or tracking systems. FOSTER CARE MAINTENACE - Review for any changes to minimum pass thru rates, etc. 2. 1 have reviewed the Internal Control Structure Questionnaire and supporting documentation originally certified by our organization on March 25.2004, and re-certify one of the following: ❑ The ICSQ and supporting documentation remains true and accurate, with no exceptions. tW The ICSQ and supporting documentation remains true and accurate, with the exception of changes indicated on the attached documents. (Please indicate the applicable contract number, rresponding ICSQ number and how changed.) _2~~ - 7 ZZ-d~1 Signature of Authorized Representative Date Katie Conner County Auditor Printed/Typed Name Title VOL~PAGE ~ July 22, 2004 Brazos County Internal Control Certification - Changes to ICSQ Section II - 9(a)(d) Margie Williams - I" Asst County Auditor changed to Irene Jett - Director of Accounting - 11 Margie Williams - 1 n Asst County Auditor changed to Irene Jett - Director of Accounting - 12 Margie Williams - I Asst County Auditor changed to Irene Jett - Director of Accounting -14 Margie Williams - I'` Asst County Auditor changed to Irene Jett - Director of Accounting -17 Margie Williams - 1s` Asst County Auditor changed to Irene Jett - Director of Accounting PAU . IZcri:~c<l 3/300.{ Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ),I and Regulatory Services Font] 9007CIVE for Title IV-E County = $25,000 September 2002 Contractor Name: Brazos County PRS Contract 2003074031 and 2002074030 Current Contract Period: FY 04 Contract Manager: Sheila Ornick Please refer to instructions at end of this nnncfa.."-et-- SECTION I. FINANC'lAT n'n .f ION (This section should be answered about your organization as a whole.) 1. Please describe the accounting system in place (i.e., accrual, cash, or modified accrual). Accrual 2. Do you complete yearly financial statements (e.g., Balance Sheet, Income Statement, Other)? ®Ya Ifyes, please list the name of the person responsible for preparing the annual financial QNo statements below and attach copy of your most "current " statements and mark it ATTACHMENT# I--2. Person responsible for annual financial statements. Katie Conner - County Auditor If no, please provide any manual or automated information maintained regarding your "current "financial position (i, e., assets versus liabilities) and mark it ATTACHMENT # I-2. 1 Are your accounting and financial system operations "audited" at regular intervals by an independent auditor (CPA, State Public Accountant, Office of State Auditor)? Note that this ®Yea ONO is not referring to compliance monitoring performed by State Contract Managers. If yes, how often and who audits your records? Ingram & Wallis, CPA firm - Annually Also, Ifyes, please provide a copy ofyour most current "audit "performed ofyour agency and mark it ATTACHMENT #I--3. SECTION II: 1NTE1tNgL COQ Ls ~,-~'i./?1CCOt!NTINC C[lnrrunr e swans suroutcr dQ answered about your organizat;on as s whole. When a question mentions "contracts," it is referring to all of your contracts with PRS and with any other state agencies, as well as any grants you might have.) Ft,h have more than one contract with PRS? lease attach a list o all oour pRS otrats, includin rYea ®No , and dollar amount of contract. Mark this list ATTACHMEN T # II--1 e, con~ract have contracts with other Texas state agencies (e.g, Texas Youth Commission Texas Probation Commission, Texas Education Agency, etc.)? ®Ya ONo ease attach a list of all your contracts with other state agencies, including the state ame, type of service provided under the contract, dollar amount, and name and e number of state agency contact person for the contract. Mark this list MENT #II-2. V Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ) and Regulatory Services F 90 for Title IV-E County = $25 000 onn 07ctve September 2002 , 3. Do you maintain contract files for each of your PRS contracts? Oyes EINNoo If yes, do the contract files contain: a. The approved contract with all attachments? ®Ym QNo b. Copies of contract amendments? ®Yes QNo c. Billing documents? ®Yes QNo d. Related correspondence? ®Yes QNo. e. Copies of subcontracts? Oyes QNo 4. a. Are all expenditures that are reported and/or billed as PRS costs reconciled with your general ledger? gym QNo If no, please provide a written explanation below as to why such expenditures a re not reconciled to your general ledger. b. Is the general ledger kept up-to-date and balanced at least monthly? ' ®Yes [IN. If not monthly, please specify frequency. I 5. I Do you maintain a separate general ledger account for. a. Deposits for each contract's funds? ®Yes QNo b. Disbursement of each contract's funds? Yes QNo Please provide a copy ofyour chart of accounts, along with an explanation of how your accounting system identifies contract revenues and expenditures separately for each contract. Mark it ATTACHMENT # II-S. ✓ 6. Are billings submitted within the time fiame specified in the PRS contract? ®Yes QNo QN/A T8.Ardgett ow do you allocate shared costs between contracts and/or programs? ease attach a detailed explanation, and mark it ATTACHMENT # II-Z ✓ e coss and exp enditures controlled based on budget line items for cost reimbursement and -based unit rate contracts? ®Yes ONO QM/A 4 Do you authorize separate individuals to: a. Sign checks? Indicate name(s) and title(s). Katie Conner-Co. Auditor,y Pig Deng 00 Co. Auditor, Kay Hamilton-Co, Treasurer, em bite-Chief Deputy Treasurer, {yh' y A ®Ym ONo P O°tarea-r1 TVItsu ef, Laura Davis-Admin. Asst. Two signatures are required on all checks: one from the Auditor's office and one from the treasurer's office, b. Approve purchase orders and vouchers? Indicate name(s) and title(s). ®Yea QNo Dept. head's, county judge's office, and purchasing dept, must appro ve requisitions for PO, JAuditor's office approves payment of PO. 13rgoke Iensen-Asst. Co.'Auditof` VOL q PAGE 7,~ Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ) and Regulatory Services Form 9007Ctve for Title IV-E County = $25,000 September 2002 c. Prepare checks? Indicate name(s) and title(s). Rhonda Hare-Payroll, Lisa Ayers-Asst. Co. Treasurer, Concha Palonwes-Asst. Co. Treasurer, ®Yes []No Ruth Sweeny-Asst. Co. Treasurer d. Record accounting transactions? Indicate name(s) and title(s). , ®Yes ONo imm-M-WA M11", e. Reconcile bank accounts to internal check registers? Indicate name(s) and title(s). Terri White-Chief Deputy Treasurer, Megan Conkel-Asst. Co. Auditor f. Maintain an inventory? Indicate name(s) and title(s). Marcia Mann-purchasing ®Yes []No Oyes EIN, folKatie ccounting system automated? to Question #I8. ®Yes QNo p access to the accounting system? Specify name(s) and title(s) below. ner-Co. Auditor, Terri White-Chief Deputy Treasurer. ecify the name(s) and title(s) below for the individuals responsi ble for updating, changing and deleting g information: : Katie ConnerTTerri White : Katie Conner, 1 Terri White 13. How is the counting system secured and/or protected? Please explain. User accessacis authorized by County Auditor and implemented by the IT department. Explain below the process (initiation, review, approval, etc.) for making updates, changes, deletions, and year end adjustments to the accounting system. Necessary adjustments are made by journal entries (JE) or adjusted journal entries (AJE). Departments and the treasurer's office initiate a majority of JE's. Sufficient back up is needed for each in order to make the changes, All JE's must be reviewed and approved for account policy compliance b 15. Are there controls to provide reasonable assurance that transactions are not lost, duplicated, or gym ONO added before and after data entry and editing? 16. Are there controls to provide reasonable assurance that transactions with errors are rejected ®Yes ON, from further processing (e.g., prevented from updating the files/database)? uL u 7 Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ) Form 9007ctvE and Regulatory Services for Title IV-E County ,D o $25'000 September 2002 1f Is the data entered into the accounting system verified? ®Yes ❑No If yes, please specify whom (name and title) is/are responsible for verifying the data, and how the verification is done. & Terri White - Chief Deputy Treasurer verify the data entered into the accounting system. Sufficient documentation is required in order to back up any data that is entered into the accounting system. 18. a. Do purchase orders/requisitions require specific approvals from authorized individuals in ®Yes ❑No ❑N/A the requesting department? b. What additional internal controls and approvals are in place within your organization to ensure payments made are valid and authorized? Commissioners Court adopted the purchasing policy. Funds encumbered at time of Purchase Order (PO) issuance. Auditor reviews payments for accuracy, contract compliance, and policy compliance. Original invoices are required for payment and are marked "paid" upon issuance of check. 19. Are all checks pre-numbered and accounted for? ®Yes ❑No If no, please explain. zu. is mere any additional review or special approval required for checks exceeding a specific dollar amount? If yes, please specify the dollar limits, name(s) and title(s) of responsible staff below. Accounts payable over specific amounts ($40,000.00) must be counter signed by another authorized signer of checks. 21. Are voided checks marked "VOID" to prevent reuse? If no, please explain: ®Yes ❑No gym ❑No .22. Are voided checks kept with canceled checks? ❑yes ®No If no, please explain: Voided checks & cancelled checks are kept in separate folders. 23. Are unused checks adequately safeguarded and in the custody of a person who does not ®Ycs []No manually sign checks, control the use of facsimile signature plates or operate the facsimile signature machine? Indicate name and title of person below who has custody of unused checks. Unsigned checks are kept in a locked safe. Treasurer's office has access to these checks: Terri White - Deputy Chief Treasurer, Laura Davis - Admin. Asst., P~lornares 9-10P My Treasu " Lisa Ayers - Asst. County Treasurer, Rhonda Hare - Payroll 24. If a check -signing machine is used, are the facsimile signature plates properly safeguarded? If no, please explain below. 25. Is the person receiving cash prohibited from signing checks, reconciling bank accounts, and accessing other accounting records? Indicate name and title below of person receiving cash. Terri White-Chief Deputy Treasurer, Ruth Sweeney-Asst. Co. Treasurer, Laura Davis-Admin. Asst A pc11a alomates asst, Co r All cash receipts are double verified upon receipt. '43171 4rtu ®Yes ❑No ❑N/A gym ❑No Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ) and Regulatory Smices for Title IV-E County = $259000 26. Is the drafting of checks to "CASH" prohibited? If no, please explain: 27. I Is the practice of signing blank checks prohibited? If no, please explain: 28. I Are all disbursements approved prior to payment? If no, please explain: _ 29. I Are all disbursements (excluding petty cash) made by check? If no, what other means do you use to make disbursements. Is a check register (disbursement journal) used to record disbursements and maintain balances? If no, how are disbursements and balances tracked? 30. Are purchase orders/reyuisitions controlled in such a way that they can all be accounted for (e.g., by sequential pre-numbering, by entry in a register, etc.)? Iffyes, Please attach an explanation and mark it ATTACHMENT # II-30. ✓ 31. Are supporting documents (invoices, receipts, approvals, receiving repom, canceled checks, etc.) maintained with each disbursement and/or clearly referenced for easy location and retrieval? Please comment on where and how supporting records are kept and filed (e.g., filed by check number, month of payment, etc). Records are filed according to vendor name ant then in ascending order of date. 32. Do supporting documents accompany checks for the check signet's signature? 33. Are supporting documents marked when paid to prevent reuse or duplication of payment? 34. Are invoices marked to identify allocation of payment? 35. For Your PRS contracts, do you have procedures to identify costs and expenditures not allowable under federal and/or state regulations? Ijso, please attach an explanation ofyoursystem for identifying unallowable costs/expenditures and mark it ATTACHMENT # II 3S. 36. Are all bank accounts reconciled monthly? If not, how often? VOL07/ PAGE Form 9007ciVE September 2002 Oyes QNo Oyes []No Oyes [IN, Oyes [IN, OYes QNo Oyes [IN. QN/A Over QNo Oyes QNo Oyes QNo Oyes QNo Oyes QNo Oyes QNo {o rvtv,,.i.o,1' grV1 .3r -/v. FY oK . Texas Dq* of Protective Internal Control Structure Questionnaire (ICSQ) Potm 9007civE and Regulatory Services for Title IV-E County = $25,000 septemba2002 C II. B. PERSONNEL 37. Do you have on file authorizations covering rates of pay, withholding and deductions for each ®Yes ❑No ❑N/A employee? If no, please explain. 38. Do any employees work overtime? TED;Y:eS ❑No ❑N/A Ijyes, please attach a copy ojyour overtime policy and mark it ATTACHMENT# II-42. 39. I Do you have written job descriptions with set salary levels for each employee? ®Yea ❑No ❑N/A If no, please explain. 40. I Does your policy require individual daily time and attendance records for personnel (part- time, full-time, and/or in-kind volunteers) delivering services under your PRS contract(s)? If no, please explain: _51cfiA a m nl ndo rc L_ -A 1. I I l at~ dance records contain the following: a. Employee's name? b. Position/tide? C. Total daily hours worked?........ d. Daily hours charged directly to o F eQCF) C. Employee's signature and/or supervisor's signature? 41. I a. Are you current with your payroll taxes? b. Do You Pay taxes directly? If no, Please explain and indicate name of withholding agent. 42. Do you have written personnel policies? If yes, are they distributed to all employees? Do your personnel policies include: a. Hiring policies? b. Performance evaluations? I c. Termination policies? d. Vacation and/or other authorized absences? / e. Possible conflict of interest? f. Nepotism policies? g. Related-party policies? ,J(Yes ❑No ❑N/A C. rk1. MYes ❑No ❑Yes ONO ❑Yes MN, JOY= ❑No ❑Ya ,KNo Oyes [-]No ON/A Oyes ONoON/A ®Ya ❑No ❑N/A ®Yes ❑No ❑N/A ®Yea ❑No ®Yes ❑No ®Yes ❑No Oyes ONo ®Yea ❑No ®Yes ❑No oyes ❑No l Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ) Potm 9007cIVE and Regulatory services for Title IV-E County = $25,000 September 2002 Il, B. PERSONNEL 37. Do you have on file authorizations covering rates of pay, withholding and deductions for each ®Yes ❑No ❑N/A employee? If no, please explain. 38. Do any employees work overtime? ®Yes ❑No ❑N/A Ifyes, please attach a copy ofyour overtime policy and mark it ATTACHMEN7W 11-41. ✓ 39. Do you have written job descriptions with set salary levels for each employee? ®Yes ❑No ❑N/A If no, please explain. 40. Does your policy require individual daily time and attendance records for personnel (part- ❑Yes ❑No ®N/A time, full-time, and/or in-kind volunteers) delivering services under your PRS contract(s)? If no, please explain: If yes, do the time and attendance records contain the following: a. Employee's name? ❑Ye[]No b. Position/title? ❑Yes ❑No c. Total daily hours worked? d. Daily hours charged directly to each contract? ❑Yes ❑No e. Employee's signature and/or supervisor's signature 41. a. Are you current with your payroll taxes? Ova ❑No ❑N/A b. Do you pay taxes directly? If no, please explain and indicate name of withholding agent. ®Yes ❑No ❑N/A 42. Do you have written personnel policies? N/A If yes, are they distributed to all employees? [OYo N/A Do your personnel policies include: T a. Hiring policie s? b. Performance evaluations? ®Yes ❑No c. Termination policies? ®Yes ❑No d. Vacation and/or other authorized absences? ®Yes ❑No e. Possible conflict of interest? ®Yes ❑No f. Nepotism policies? ®Yes ❑No g. Related-party policies? Oyes ❑No VOL ~J 6 PAIGE Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ) Fom 9007c,vE and Regulatory Services for Title IV-E County = $25,000 43. a. For PRS cost reimbursement contracts and budget-based unit rate contracts, does the ®Yes ONo ON/A amount of salary being paid to each employee agree with the approved budget? b. If only a portion of any employee's salary is charged to PRS (i.e., allocated) is that MYes ONo ON/A portion supported by an allowable and equitable allocation method? If yes, please explain allocation method(s) used II. C. TRAVEL .uw 44. Are expenditures for travel substantiated by travel vouchers, travel logs and/or other ®Yes []No QN/A supporting documentation? If yes, do travel vouchers/logs contain the following information: a. Name of employee? . OYes QNo b. Travel destination (to and from) ®Yes QNo c. Private car mileage? (to and from destination for each trip) ®Yes QNo d. Date and time of departure and return? . . ®Yes QNo e. Purpose of trip? ®Yes []No f. Signature of employee? . ®Yes QNo g. Approval of supervisor? . . ®Yes QNo 45. Are travel expenditures under PRS contracts billed to PRS at, or below, rates and limitations OY= QNo ®N/AA established by state travel requirements for meals, lodging and mileage. F If no, please explain: 46. I Is out-of-state travel for PRS projects approved by the PRS contract manager? QYea ON, ON/A 47. Has equipment been directly purchased with PRS funds? []Yes MN, 48. Please specify the level of capitalization used by your organization and provide definition of what classifies as equipment. Your organization Dollar Amount: $5,000.00 Definition of Equipment: Assets that have a useful life of more than 3 years and cost more than $5,000, as well as items under $5000 or a useful life of less than 3 years (i.e. computer, calculators, etc.) 49. Were all of the equipment items purchased and billed to PRS included in your PRS budget? QYes 'No ON/A If no, please list the equipment below, and include total acquisition cost. "VOL T Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ) Form 9007CIVE and Regulatory Services 02 for Title IV-E County = $25,000 smter„ber zo 43. a. For PRS cost reimbursement contracts and budget-based unit rate contracts, does the Eyes ❑No ❑N/A amount of salary being paid to each employee agree with the approved budget? b. If only a portion of any employee's salary is charged to PRS (i.e., allocated) is that portion supported by an allowable and equitable allocation method? ❑Yes ❑No ®N/A If yes, please explain allocation method(s) used II. C. TRAVEL 44. Are expenditures for travel substantiated by travel vouchers, travel logs and/or other supporting documentation? Ilya ON ❑N/A If yes, do travel vouchers/logs contain the following information a. Name of employee? Eyes [IN, b. Travel destination (to and from) Yes ❑No c. Private car mileage? (to and from destination for each trip) d. Date and time of departure and return? e. Purpose of trip? Eyes ON. f. Signature of employee? ®Yes ❑No g. Approval of supervisor? gym ❑No 45. Are travel expenditures under PRS contracts billed to PRS at, or below, rates and limitations established by state travel requirements for meals, lodging and mileage. ❑Yac [:]No ®N/A If no, please explain: 46. I Is out-of-state travel for PRS projects approved by the PRS contract manager? ❑Yea ❑No ®N/A II. II. F,niiiPMF.NT (If your agency as a whole does not purchase equipment with federal funds, skip to Section H E and mark hereOWA) 47. Has equipment been directly purchased with PRS funds? ❑Yes ®No 48. Please specify the level of capitalization used by your organization and provide definition of what your organization classifies as equipment. . Dollar Amount: $5,000.00 I Definition of Equipment: Assets that have a useful life of more than 3 years and cost more than $5,000, as well as items under $5000 or a useful life of less than 3 years (i.e. computer, calculators, etc.) 'i I 49. Were all of the equipment items purchased and billed to PRS included in, our PRS budget? ❑Yes ❑No ®N/A If no, please list the equipment below, and include total acquisition cost. tldJL 7~~Fh~E Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ) Fom 9007crve and Regulatory Services for Title IV-E County = $25,000 September 2002 50. For equipment that was directly purchased and billed to PRS, but not detailed in the budget, i Elves ❑No ®N /A was pr or written approval obtained from your PRS contract manager? 51. Are all equipment items, purchased with PRS funds, tagged for the purpose of internal Elves ❑No ®N/AA tracking and inventorying? Note: Since the equipment does not belong to PRS, contractors are not to tag the equipment " as State of Texas" or "PRS Property". 52. Do you conduct a physical inventory of capital equipment purchased with federal funds? ®Yes ElNo ❑N/A If yes, how often? Once a year. 53. Are inventory records maintained to include: the description of the item, the serial number, funding source, the acquisition cost the ac uisition date a d th i ®Yes ❑No ElN/A , q n e nventory number? Attach a copy ofyour inventory recordsfor equipment purchases made with PRSfunds and mark it ATTACHMENT # H-59. 54. Has any equipment purchased in whole or in part with PRS funds been disposed oft ❑Yes ❑No ®N/A If yes, was the PRS contract manager's approval obtained? Elves ❑No ®N/A 55. a. Is equipment purchased with PRS funds being used by employee s paid with PRS funds? Elves ElNo ®N/A If no, please explain: b. Is equipment purchased with PRS funds being used as outlined in the contract? Elves ❑No ®N/A If no, please explain: u !rune u1yT aR ~TflR9 (If your agency as a whole Botts not utilize subcontractors, skip to section H F and mark here EIruA.) 56. Do you subcontract PRS contracted services? 57. I Do you maintain written contracts with all your subcontractors? If no, please explain: Elv ❑No es ElN/A ElYes ❑No ElN/A 58. I Within your organization, name(s) and title(s) below. who is responsible for reviewing and approving subcontracts, prior to execution? Provide 59. Does each subcontract agreement include: a. All parties to the contract? b. Scope of work? LC. When services are to be performed? d. Rate of pay? e. Measurable method of a ent?........ VOL *7/ 8PAGE Elves ❑No ElN/A ❑Yes ❑No ElN/A ElYes ElNo ❑N/A ElYes ElNo ❑N/A C_ Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ) Fonn 9007civE and Regulatory Services for Title IV-E County = $25,000 September 2002 f. Termination clause? ❑Yes ❑No ❑N/A g. Performance measures? ❑Ym ❑No ❑N/A 60. Do all your subcontracts for services under your PRS contract(s) (e.g., direct services to ❑Yes ❑No ❑N/A clients) either include the terms required by your PRS contract or reference the required terms? If no, please explain. Please attach a copy ojyour subcontract agreement and mark it ATTACHMENT #11-60. 61. Do you have procedures in place to monitor that services under your PRS contract(s) are ❑Yw ❑No ❑N/A being delivered and paid by subcontractors as required by your PRS contract(s)? Ifyes, please attach a copy ojyour service monitoring procedures and mark it ATTACHMENT # H-61. 62, a. Do you competitively procure your subcontractors? ❑Ym ❑No ❑N/A b. If you have any PRS contracts for $100,000 or more, do you make a good faith effort to ❑Yes ❑No ❑N/A subcontract with Historically Underutilized Businesses (HUBS)? In no or n/a, please explain. Please attach an explanation ojyour subcontractor procurement policies and procedures and mark it ATTACHMENT # H-62. 63. Have all subcontracts for services under your PRS contract (e.g., direct services to clients) ❑Yw ❑No ❑N/A been approved by your PRS contract manager? SECTION II. Fs TITLE ME CHILD WELFARE SERVICES CONTRACT INFORMATION (This section pertains only to any County Title IV-E Child Welfare Services Contracts that the county may have with PRS. Provide answers only as they relate to that contract. This section does not pertain to any Title IV-E County Legal Services Contract the county may have with PRS.) For purposes of this Section the terms County and County Child Welfare Board are synonymous. 64. If administrative costs will be claimed, has the county submitted an administrative budget to N/A PRS for review and approval? 65. If any administrative costs claimed under the contract are shared with other contracts (both N/A PRS and non-PRS), has the county submitted a cost allocation plan to PRS for review and approval? If no, please describe your allocation process and mark as ATTACHMENT #11--65. 66. Does the County Child Welfare Board have a process that PRS Caseworkers must follow in ®Yes ❑No order to obtain assistance from the County Child Welfare Board for a Foster Child? a). If yes, is the above policy a written (published) policy? No Attach a description of the process or a copy of the written policy and mark as L ATTACHMENT #11-66.x/ TOL?/9 PAGGE11_ C Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ) Form 9007crvE and Regulatory Services for Title IV-E County = $25,000 September 2002 67. Has/have the county Title IV-E contract(s) been audited by county internal or external ®Yes ❑No auditors? If yes, provide fiscal period and date of audit. 9/30/03 68. Do the Region and the county conduct an annual review of the county Title IV-E contracts? ®Yes ❑No If yes, provide date of last review: The county conducts an annual review of the Title IV-E contracts each year with the annual audit of financials. Note: An annual review of the contract is specified in the contract. 69. How does the Child Welfare Board pay for the supplemental child-care expenses? Provide a description of the process and name and/or position of responsible person/staff and mark it as ATTACHMENT #II--69. 70. What back-up documentation does the county maintain to support Title IV-E reimbursements? Provide a description of the documentation and mark it as ATTACHMENT #77--70. 71. Who maintains the documentation within the county (i.e., Child Welfare Board, County Auditor, Other)? Provide the name ofthe county Department or name and/or position of responsible person/staff. County Auditor Office, Megan Conkel-Asst. Co. Auditor Jennifer Groce-Child Welfare Board 72. Who creates the County Title IV-E Claims Voucher (Quarterly Billing)? Provide the name and/or position of responsible person/staff. Megan Conkel-Asst. Co. Auditor 73. Does the county's bookkeeping process, including the preparation of the Quarterly Billing, ®Yes ❑No exclude involvement by a PRS staff bookkeeper or accountant? If no, provide a description of the PRS bookkeeper or accountant's role in the process and mark it ATTACHMENT #77--73. Note: As per PRS policy, PRS staff cannot have any bookkeeping function in relation to Title IV-E CWB contracts. 74. Who, within the county, signs the County Tide IV-E Claims Voucher (Form 4116 - State of Texas Purchase Voucher Quarterly Billing)? Provide the name and/or position of the responsible person/staff. Katie Conner-County Auditor 75. How does the county insure the County Title IV-E Claims Voucher is reconciled with the county's general ledger? Auditor's office reviews vouchers quarterly & each time they are submitted Outside auditors audit annually for accuracy and completeness. 76. Does the county have a process to insure that all expenditures claimed are allowable ®Yes ❑No expenditures? If yes, attach a short description of the process and mark it ATTACHMENT # II-76. 77. Does the county have a process to insure that all any raised or donated fiords used as certified ❑Yes ❑No match for the County Title IV-E Claims Voucher are unrestricted funds? Ifyes, attach a short description of the process and mark it ATTACHMENT # II-77. N/A VOL 7/,,A.PAGE ~a Signature Texas Dept of Protective Internal Control Structure Questionnaire (ICSQ) Form 9007clVE and Regulatory services for Title IV-E County = $25,000 September 2002 78. How does the county know which children are IV-E eligible? Provide a description of the process and the name and/or position of responsible person/staff and mark it as ATTACHMENT #11-78. 79. I£a person other than the County Judge or County Auditor has signature authority, has the ❑Yes ❑No county provided PRS with a document clearly naming the persons authorized to act on behalf of the county on matters concerning the county Title IV-E contract? (i.e., Person authorized to sign vouchers, responsible County Child Welfare Board staff, etc). N/A CERTIFICATION Signed by an individual legally responsible for the conduct of the contractor, such as a corporate officer, an association officer, or a government official. The administrator/director is authorized to sign only if he/she holds one of these positions. I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE INFORMATION REPORTED HEREIN IS TRUE, CORRECT AND COMPLETE. tot l 1= 0-01,3 F3 F 0- Printed/Typed Name 3 Z S-/-,) Z/ LQU 1 A Lt NTOIL- Title VOL ,LFAGE $3 VOL °71 PAGE 8 4 a`YK _ 1~ QN TO mL O ~ o m ry~.5e TO L p (J L ~ V o TO m 2 . 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P 0 N W W mPm + NN p M p A q W ~ O ~p G m W p P V N W V W V N W V N 0 M V W V M W NN V W V 1~ W ~ 0 V ; 9 N F { ~ N J O 4 1 N O N O N N (O N O N O N J O N J O ( (~m O ~ ~ ~pp O N M ~ 9 s 9 M 9 m N y ~ ' L ~ S S V O P yy b p $ ~~pp W R q~ m yJ V y ~ Y m V a o pp 0 ~ y Sg p 0 0 O O $ Q $ A - 8 $ 8- , 8 $ 8 - 8 8 $ T $ ~ + A . $ : - Oo M M M N N N N N N N N N ~ P (Nil b 0 m IJ P 4Ni P W P W b (J O (NJ m ~J V m ~ ~ 3 $ $ $ $ $ $ $ , $ a $ $ 8 $ $ $ $ $ $ • 8 3 ~ i M 3 M 3 3 N N 3 M $ 3 N S 4 q q O O S Y V 4 O V i p P + S L 4 M S P V V N A P S i P S S q V S r 4 Y ~ P 6 $ $ 8 8 $ $ $ o $ E > $ e E 8 E $ 8 8 0 8 8 $ $ $ a 8 e o 8 VOL~ PAGE ~ g 'r,1~ BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 23, 2005 ITEM: Consider and take action on request from Steve Lovett for variance to the Brazos reguirem_ent) to allow two (2) 80' X 80' buildings to be constructed on 1.77 acres of land. See attached letter of Presentation. Site is located off State Highway 30 in Precinct 3. ,rs~bv;-11 K.Le 2~Sr SOURCE OF FUNDS: N/A PRESENTATION: SUBMITTED BY: LIZ k U ew, I3 Richard F. Vance, P.E. County Engineer 0005-081 This Request is Approved Date: 5U23/9f-1N- APPROVED BY: Commissioner n y Mallard Precinct 3 Denied by Commissioners' Court W 0D(clenduft- Csti abta-- ^4-) Randy Sir , County Judge BOO/ uE ~9 Application for Development Office Use Only. Brazos County Subdivision and Development Regulations Brazos County Engineering Department 2617 Hwy 21 West, Bryan, Texas 77803 (979) 822.2127 Master Plan Final Plat _ Re-Plat - Amending Plat Property Description Road Location: S N D - Legal Description: 77 trrt Glt a-rat f r9lij a _ Subdivision Description Subdivision Name: Total number of lots: _ Total Property Owner Owner name(s): 574CYC 4 A+K Love..* Current mailing add=: r& o L a Ve Lane- S 7 Phonentnnber(s): 979-77 V- E8ff7 • 979 -ZLQ"2169F,- -77f7-81P~ Applicant or Authorized Agent, F~agineer or S rveyor Name and Address: o Ow N GawJ e. A'A' /Ke nrea TM Phone number(s): f 7f - 73/ -BtlOtl 9 - 731 -lab d Clcac Name and Address: Phone number(s): Application I& for Residential Mobile Horne Park Commercial yQ Other ( ) _ Is any of the property located in a Floodplain or Flood Hazard area? (yes/no) Admoetodgmenc The flood hazard boundary reap; and odust flood data used by Waxes County in evdluaritg flood haatds to ptoposed developments arc coruldaed reasonable and sceume for tegutatoty purposes and arc hued on the best anUabtc scientific and caginauine data. On epee occasions greater floods on and will occur and flood hcWtu; tray be iacmascd by roan-made or natural forte. Issuance of a Floodptain permit in acardance with the Anse Ctmnty Fhanl renttrr Pmvmnion flolinapxn does not imply tba dcvdopmcm oanldc the alas of special flood heard will be fro noun flooding or flood damage. Issuance ofa pmuit shall mw MM tiablitty W the tan of BrUM County of any officer or anp"c of Brazos County in lint overt flooding or good danuge dun 1 part or all of the property within an ETJ of a City? Yes (yeono) Will any etmstroaifsn occur in TxDOT right-of-ways? _y f$ (yes1no) Application Check List: Copies of rmishod plat with corrections (if any): D 9 copies to Stares county O One (1) copy to Braws County Health Dept- 0 One (1) copy to Brazos County 911 6 One (1) copy to local Water District or Company Letters of agruval (to be sent by the approving institution directly to Brazos County Engineering): YY Letter from Brazos County Health Dept. - For mix sewage evaluation. n letter from Brazos County 911- For road names. n Later from Wow District or Company. - Stating water availability, etc.. If property is within an ETJ of it city: - O Approval notification from appropriate city. Applicant attest that they have signed this application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All applicants are OR god to review Ito Cowry Regulations prior to any plat submittal. It is understood that this application' ct finish dated unIll alt doewnents Itsted above arc filed at rho Brame County Falglneen d all cabl blanits are felted in due application above. pplicant's Signahae Date County Witness _ Date 1) o k- O-A -r ~ ~ i ~o 5- Pr( PAGE C ADDENDUM Variance to the Brazos County Subdivision & Development Regulations Requested by Steve Lovett and Approved in Commissioners Court on 8/23/2005 Because of the site acreage being less than required, we are restricting the waste water to only residential-strength waste water allowed to enter the OSSFs. Residential-strength waste water is defined as follows: (1) less than 300 gallons per day; (2) biochemical oxygen demand (BOD) and total suspended solids (TSSs) shall not exceed: a. 30-day average of 20 mg/1 b. seven-day average of 30 mg/1 c. daily maximum of 45 mg/1 d. single grab of 65 mg/1 The pH shall not at any time exceed 6.0 - 9.0 standard units. At no time shall industrial waste enter the system, e.g. from a restaurant, a hair design studio, or photo lab. Any OSSF design that does not adhere to the previous rules must be sealed by a professional engineer. b°aL-7/ 'PAGE __3/ ~ : cw Z'Z w_ 564- "Oe 224 SM 224 216 4LL Ra 71 Variance Request To: Brazos County Commissioners' Court From: Steve Lovett Property: 1.77 acres; Maria Kegans Survey, A-26, Brazos County, Texas 10010 SH 30, College Station, Texas Variance Request: To allow (2) 80'x 80' pre-engineered office/warehouse buildings to be constructed on 1.77 acres of land; Reason for Request: According to calculations made by Pledger Kalkomey, Inc., the 1.77 acre site and proposed office/warehouse use of the property will accommodate, at minimum, a 12,800 SF building. This is also confirmed by Julie Anderson of the Brazos County Health Department which states that the "plan would meet the TCEQ and county requirements for an on-site sewage facility." (See attached Letter) It is my understanding current Brazos County Development Standards allow (1) one building per (1) one acre of land area. This standard would allow (1) 80'x 160'(12,800 SF) building to be constructed on the 1.77 acre support site. The standard would not, however, allow (2) 80'x 80'(12,800 SF total) buildings even though the combined building areas are equal. Thus, the need for a variance. The reason for this variance request pertains to the re-alignment of the existing driveway, circuity of access within the front parking lot, and phasing of construction. The Texas Department of Transportation has approved a permit to re-locate the existing driveway to be centered along the lots SH 30 frontage. (See attached Permit) The realignment of the driveway makes dividing the total buildable area more practical because it will allow a concrete drive isle to be constructed between the two buildings. Aligning the drive isle with the relocated driveway will provide direct and efficient access to the rear yard area. 2. Dividing the total buildable area into two equally sized buildings split by a center drive isle will make circuity of access within the front parking lot more functional. 3. Dividing the total buildable area into two equally sized buildings will allow the project to be constructed in (2) two phases, and leased as market demand warrants. In summary, this variance request does not increase the total amount of building area that can be constructed on the site. Moreover, granting of the variance will not adversely affect the neighborhood, surrounding land uses, or public health and safety. BRAZOS COUNTY HEALTH DEPARTMENT 201 NORTH ITY-ASAVEME • aRYAN,MAS77803-5317 (979) 3614440 • Fax (979) 823-2275 E-mail: heallhdeptC w.brar/n mus www.cu.braws.wus/heallh March 22, 2005 Pledger Kalkomery, Inc. Consulting Engineers 7020 Coyote Run Bryan, Texas 77808 Re: Lovett Holding, LLC 10010 SH 30 Dear Mr. Wind: I have reviewed the proposed plan for the on-site sewage facility referenced above. Currently, you have designed an aerobicispray distribution system that will accommodate approximately 190 gallons of residential strength wastewater a day. We did not received a full stet of planning materials, such as a site and soil evaluation, which we will need before an Authorization to Construct is granted. Preliminarily, the plan would meet the TCEQ and county requirements for an on-site sewage facility. Again, before an Authorization to Construct maybe granted, we will need the following: 1. An application for permit and fees paid. 2. Affidavit signed addressing continued maintenance. 3. A site and soil evaluation, done by a licensed soil evaluator. 4. Calculations of waste water strength and estimated gallons produced per day. 5. A site map of the proposed system. 1 hope this information helps, do not hesitate to call if I can be of further help. Sincerely, n 1 Julie Anderson, RS Director of Environmental Health Services Division VIA FACSTMILE: Mandy Williams, Brazos County Road and Bridge Department y , Form toss (Rev. 912OD4) (GSD-EP.C) Page 1 of 2 To: T LT Permit to Construct Access Driveway Facilities on Highway Right of Way (Name) 3Goo Lem, (4 L"(4 L" _ e L C5{!x 77j4f- (Address) (City, State, L)) Hwy. 313 Permit No. 77'-- 94 V3 Control Section 979 7777 - (Phone No.) N' BRYAN Poq~ AREA OFFICE JUL 0 8 2005 ~CEIVE3,-' The Texas Department of Transportation, hereinafter called the State, hereb utho . es ~jF+[( e Care fjL hereinafter called the Permittee, to 0 construct / 'reconstruct a t<< 6%W,.r ON f (residential, convenience store, retail mall, farm, etc.) access driveway on ahway right of v+~y abuttin highway number i~'~bi fl 9 o in $z [Jean located ~0' 614 g, - e CV y 1 Subject to the following: 1. The Permittee is responsible for all costs associated with the construction of this access driveway. 2. Design of facilities shall be as follows and/or as shown on sketch and is subject to conditions stated below: All construction and materials shall be subject to inspection and approved by the State. 3. Maintenance of facilities constructed hereunder shall be the responsibility of the Permittee, and the State reserves the right to require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway. Changes in design will be made only with approval of the State. 4. The Pernittee shall hold harmless the State and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. 5. Except for regulatory and guide signs at county roads and city streets, the Permittee shall not erect any sign on or extending over any portion of the highway right of way, and vehicle service fixtures such as fuel pumps, vendor stands, or tanks shah be located at least 12 feet from the right of way line to ensure that any vehicle services from these fixtures will be off the highway right of way. 6. The State reserves the right to require a new access driveway permit in the event of a land use change or change In driveway traffic volume or vehicle types. 7. This permit will become null and void if the above-referenced driveway facilities are not constructed within six (6) months from the Issuance date of this permit. 8. The Permittee will contact the State's representative Mr. Ronnie Waller, Brazos Maintenance Su rvisor telephone, (79) 77841054 at least twenty-four (24) hours priorto bee)nninn iha w .o Texas Department of Transportation Date of Issuance Authorized Representative The undersigned hereby agrees to comply with the terms and conditions set forth in this permit for construction of an access driveway on the highway right of way. Date: Signed rw~C/ 07/08 /0 S"/SY7 T (Prope owne r owner's representative) VOL.I `(`A'UH ,1058 sv. sr2aoal Age 2 of 2 Access Driveway Regulations The Texas Transportation Commission, in recognition of its responsibility for the safety and utility of public highways under its jurisdiction, has directed the department to adopt access driveway standards to accomplish a coordinated development between highways and abutting property. For this purpose, the booldet entitled "Regulations for Access Driveways to State Highways", was published and adopted, setting out departmental policies to regulate construction and maintenance of access driveway facilities. Sketch of installation ~i (t.e- Gtl4Guled e 2 x a ,Sege P/a.t ro . a o n t F 6 ! ~F i ~ ~ b Gi "-J S31YVA hf O 2/ ^ K Of 'ON AbMH/H 31V1S N ~ 6 Y i I ~i - i VOL PAGE qS BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM U DEPA RTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 23, 2005 ITEM: Request from Verizon Communications to construct a road bore and 731 feet of buried cable in the right of way of Koppe Bridge Road cable will be placed at a minimum depth of 30 inches. Site is located in Precinct 1. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: lie- A1~ o~ G1vc~ n~ , Richard F. Vance, P.E. Commi loner Lloyd Wassermann County Engineer Precinct 1 0005-082 This Request is Approved fib' / Denied ❑ by Commissioners' Court Date: 5S/23/~ r)s' Randy Sir, County Judge VOLa -PAGE ~ veriLon Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 August 11, 2005 Richard Vance Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are From ED-135 and a work location sketch showing the location of our proposed buried cable line on county roads in Brazos County at College Station, Texas. This work is to be completed on Work Order 5416-3POAOAN which is scheduled for September 2005. If you have any questions concerning this work, please contact Richard Wallace at our office in Bryan, telephone 979-821-4752 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. S' rely, LJim Survant O k Supervisor -Network Engineer JS:ec ell 2/, Attachment VERIZON COMMUNICATION To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Notice of Line Installation August 11, 2005 Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Beginning at the junction of Burkhalter Lane and Koppe Bridge Road, buried cable will be placed north at T within the west R.O.W. of Burkhalter Land for 54'; then a bore will be made northe across Koppe Bridge Road for 90'; and then cable will continue north in the west R.O.W. of Koppe Bridge Road for 731'. The proposed cable will be at a minimum of 30". The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after September 7, 2005. VEP4ZON CO WUNICATIONS Jil/m.,DSu ant Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 5416-3POAOAN dB F B K ~ . LL g pp oo w x -ao 4 nny$d~n 1 3jd1 F u a ~ii:3uu`~ I. II p m Nrv 8 yl Q p~ ~ Q I' Z. i% I1LZ. W W 6 x Q N W w 001E.M1ZAV 1 j : W9~ 0 'i - ~Q 20d/ O Z 3 Q ¢ 41 = 6 ADZ. ZBL.H ~M01 LWB20i. a 1 j j - tiQ ti Z O QQ 1 ~Ni '~QQ I.LJ > d 3 a d 3W Yom. 'F-.•' 3 I- O LL 0P 1 1 I U ,V,, Bp'.Gi u 1 2yyG~pIB~IG 2 BSZLII.N < `L 2 • 1 119-%dd1 91311 1601. . H N 6 w 1 n d6 '111j1111IIF 2 1 W~ 1 g 1 b -9LSZ'1 052511.N I Y~ py~ 1 61 ISdKE , i19-%ddl 81'1112 2601. LS rL Y.p BZC 3; 01 ZY SNue ame SL 1 . 1 • 1 1 6' i ; ..yyo { mm {{.8111 ' :-T I m; 1 J• 1 < > 19M3 i _ tell I 1 1/ X 9bZZr 1 3d•SZ { r Wm 911,203 IN 01 > 116W. . 1 . I 1 1 Y ;.I c1u 1 1 In N grv R j & • 1 LL Q- o U j O ' LL aR is i o3 m Z m ' Ste m i a ggtF: 1 - 6i 1- a 4=m y~ w{ 1 LL)1 Z ~ Y N IV .0n~1 tNl r a 1 = w I w ' ~aa < > esz- lsz•IZ~ ZC11 ZI 1K KEOC~ M 2r2r ~3-SZ--. a ~{ddl BI at 1199Z. LLJ . W u7~1ha z O x d Mania l03 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: August 23, 2005 ITEM: Request from United Telephone Company to construct a road bore and 5,935 ft of buried cable installations in the right of way of Koppe Bridge Road. Site is located in Precinct 1. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be fumished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: . G'l/~h.vGtGLS~.yL/ Richard F. Vance, P.E. Commidsioner Lloyd Wasserman County Engineer Precinct 1 0005-083 This Request is Approved 2 "XI Denied El by Commissioners' Court Date: Fs20cx~ i Randy;irfis, County Judge NOTE: Location is incorrect. Action will be rescinded on the 8/30/05 agenda, and a corrected agenda item submitted for approval. ATTN: Richard F. Vance W.O.36309219 Brazos County Engineer 2617 W. HWY 21 Bryan, Texas 77803 Dear Sir: Formal notice is hereby given that the United Telephone Company of Texas, Inc. proposes to install buried communications cable upon and along the right-of-way of county roads in Brazos County, Texas, as follows: IMPROVED ROADS (paved) - The contractor will plow cable in back slope with 8' of right-of-way line. Pipe will be bored under all paved county roads extending from ditch line to ditch line with a minimum cover of 30". IMPROVED ROADS (gravel) - The contractor will plow cable in the,back slope of the road, one track of the plow tractor on the back slope the other may come to the shoulder of the road neither whole tractor or plow will be on the road surface. UNIMPROVED ROADS (dirt) - Same as improved, unless because of ditches, trees and other terrain features, it is more practical to plow in the center of the road. In these cases, the cable will be plowed in the center of the road. Not applicable in County. BRUSH DISPOSAL - Any brush, trees, etc., that are cut will be burned or disposed of and not left in the ditch. Rocks brought up by tractor or plow will be disposed of. DEPTH OF CABLE - All cables will be placed at a minimum depth of 30" except where crossing dams or ditches, at which locations the depth of cables will be at a minimum of 36". The following are requirements which are made on the contractor: 1. The plowing equipment shall be subject to the approval of the Engineer and the Public Authorities having jurisdiction over highway and road rights-of-way. 2. The equipment and construction methods used by the contractor shall be such as to cause minimum displacement of the soil. The slot made in the soil by the cable plow shall be closed Immediately by driving a vehicle track or wheel over the slot or by other suitable means. 3535'! 3. Damage to banks, ditches, driveways, and roads caused by the equipment shall be immediately repaired to the satisfaction of the Engineer and Public Authorities having jurisdiction over highway and road right-of- way where involved. 4. Trenches shall be promptly back-filled with earth, and mechanically tamped at six (6) inch lifts so that the earth is restored to original grade to assure no hazard to vehicular, animal or pedestrian traffic. No trenches shall be left open overnight. 5. The usual 10%fees withheld from contractor until repairs are made dj satisfactory with Engineer and Public Authorities having jurisdiction of right-of-way involved. j Brazos County will not be held liable at any future At date for accidental damages to the buried cable plant by road working equipment such as maintainers, hole diggers, etc. In the event of such damages the Telephone Company will be notified immediately. The County Commissioners Court may require the owners to relocate this line, for valid reasons under the law, by giving thirty (30) days written notice. a. Where communication facilities are located on county road ROW the Telephone Company will relocate said facilities at no expense to the County. b. Where communication facilities are located on private property the county will reimburse the Telephone Company for the relocation of said facilities. At any place where a communications line crosses over a county road, it shall be constructed and maintained at least eighteen (18) feet above the surface of the traffic lane. Please notify forty-eight (48) hours prior to starting construction of the line, in order that a representative maybe present. The locations of the proposed lines are more fully shown by the copies attached to this notice. Construction of this line will begin on or after the 19th day of August 2005. SPRINT/UNITED TELEPHONE COMPANY OF TEXAS, INC. Ga Donald DATE: 7/22/05 BY ZD::~ ( TITLE: Netwo) c Engineer II P. O. BOX 2077 Humble, TX 77347-2077 APPROVED: County Judge for Commissioners Court DATE COUNTY ~g "7/ r l o a a `_aVx~mw• pWi N~ In._;:_~m W m my~N3m3mNyW mm ~ C ~ CAN W.. .0` r jdmmNy W O m B Y19 m` 9 p N MX N T' W Tb • m' 0 0m N, m -~-ama 1( ~ m , ~5 NK00NyW0 m N ~F ♦ a A,N ♦m B m..b v 9N' m p It " -6 q Nf~ m T B DD.^_aCX Yy VNNCm i gIVNVn O . 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