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2006-02-21-9:00AM-REGULAR
P ~.m BRAZOS COUNrfY BRYAN. TEXAS , Fa,, L; ' .t~nn ~tre~ NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 21 FEBRUARY 2006 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 - Commissioner Peters 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 26: 3. Budget Amendment 05/06-20.1 thru 05/06-20.3. 4. Change of title for the Assistant Crime Stopper Coordinator position in the Sheriff's Office to Program Coordinator. 5. Reclassification of the Clerk I Evidence position in the Sheriff's Office as follows: from Clerk I Evidence, Class 1435, Position 3 to Program Coordinator, Class 1441, Group 14, Step 2 6. Personnel Change of Status. 7. Payment of Claims. 8. Status of the Burn Ban as established by Brazos County Order 05-011, and possible action. 9. Order No. 06-001 establishing Brazos County's policy on accrual of leave while on family medical leave (FMLA). 10. Agreement with the Texas Health and Human Services Commission for receipt of USDA-donated commodities for the Brazos County Juvenile Detention Center Office of the County Judge • 300 East 2e St. • Sufte 114 Bryan, Texas 77803 • Fax: (979) 361-0503 BUJ / Commissioners Court Agenda 21 February 2006 Page 2 11. Certification that shelter services were provided to evacuees of Hurricane Katrina and/or Hurricane Rita by the following organizations, and that the costs incurred and requested for FEMA reimbursement were not funded by insurance proceeds, donations or any other funding source: a. Aggieland Pregnancy Outreach, Inc. b. Faith Life Church 12. Interlocal Agreements between Brazos County and the following entities for providing the general public access to an online legal library: a. City of Bryan b. City of College Station 13. BVCNet Collaborative Agreement to extend the BVCNet Partnership. Term of agreement is through 30 September 2006, with automatic renewal for successive one year terms unless terminated in accordance with the provisions of this agreement. 14. New Information Resources Security Policies developed by the Information Technology Department. 15. Request from Research Valley Partnership for approval of a Cash Incentive of $25,000.00 to Arbin Instruments, in accordance with the performance agreement executed on 24 February 2005. 16. Request from Research Valley Partnership for approval of a Cash Incentive of $9,153.23 to FMA Alliance, Ltd., in accordance with the performance agreement executed on 8 April 2003. 17. Revised job descriptions for the following positions in the Information Technology Department: a. Administrative Assistant d. Senior Trainer b. Assistant Network Administrator e. Programmer Analyst II c. Senior Systems Analyst f Webmaster 18. Request from Jail Administration for approval of extended leave for Detention Officer Benjamin Miller to attend the Basic Fire Training Academy at the TEEX Emergency. Mr. Miller will exhaust his paid leave on 4/29/06 and is requesting extended leave beginning 4/30/06 through 7/01/06. He will return to work on 7/03/06 at the conclusion of his training. 19. Reappointment of the following individuals to the Board of Trustees for the Mental Health Mental Retardation Authority of the Brazos Valley, with an appointment term of 1 March 2006 through 29 February 2008: a. Dr. Tammy Tiner b. Mr. Ronnie Jackson 20. Out of state travel for Jail Administrator Wayne Dicky to attend the American Jail Association Conference on 20-25 May 2006 in Salt Lake City, Utah. ;t, d77~F:~r~ a`Clt~ Commissioners Court Agenda 21 February 2006 Page 3 21. Tax Refund Applications for the following: a. Cledis Anthony Hall 22. Permission to enter Kelly Burt's property located off Timberwild Drive for the purpose of stockpiling Grade 4 rock for use on Brazos County roads. Site is located in Precinct 2. 23. Request from Verizon Communications to construct 1,920 feet of buried cable installations in the south right of way of Grassbur Road at a minimum depth of 30 inches. Site is located in Precinct 2. 24. Acceptance of a Special Warranty Deed from Don R. Veazey and Patsy Ann Veazey for improvements to Old Reliance Road located in Precinct 2. 25. Acceptance of a Special Warranty Deed from Jim C. Wall for improvements to Dilly Shaw Tap Road located in Precinct 2 26. Commissioners Court minutes for the following dates: a. 6 December 2005 b. 12 December 2005 c. 13 December 2005 Regular Meeting Workshop Session Regular Meeting d. 20 December 2005 e. 22 December 2005 f 29 December 2005 Regular Meeting Workshop Session Special Meeting 27. Announcement of interest items and possible future agenda topics. 28. Call for citizen input and/or concerns. 29. Agency / Board / Committee reports by Court members. 30. Adjourn The Brazos County Courthouse 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. r .y +.a[LJL LOCK _ _M 01 K ARE-EN MtCQUEEN U6 1 . T'Y CLERK BRAZOS COUNTY BRYAN, TEXAS NOTICE OF ADDENDUM TO THE AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY 21 FEBRUARY 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26' STREET, SUITE 115, BRYAN, TEXAS. In addition to the regular agenda, the Commissioners Court will consider and take action on the following item(s): 1. Payment Authorization in the amount of $48.00 to Eric Caldwell for the renewal of the brazosvotes domain names (.com, net, .org). The domain name registrations expired on February 7, 2006 and the registrar does not accept purchase orders. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days prior to the meeting. To make arrangements, call (979) 361-4102. Office of the County Judge • 300 East 26P St. • Suite 114 . Bryan. Texas 77803 . Fax: (979) 361.4503 1)OE 7 7 PAGE a70 COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 21, 2006 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, beginning at 9:00 a.m. on Tuesday, February 21, 2006 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. Commissioner Peters gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the following spoke: Demetrios Basdekas a) Said he would like to share some observations with the Court. A question has come up as to why he comes to court and requests things, etc. He said that he was a citizen by choice and takes the privilege very seriously. He is indebted to this community. One way of paying back is to voice concerns. The Court consistently follows policy of under paying employees. There are Road and Bridge problems. The resources they need hinder their ability to do a good job. Recently he brought up the condition of a bridge Vol '77 Page X71 Commissioners Court meeting February 21, 2006 2 on Old Reliance Road, and communication of radios with law enforcement. The Court next considered Budget Amendment #05/06-20.1 through 20.3, which would reallocate funds for the Brazos Center, Jail-Inmate Commissary, and transfer funds from Contingency to Emergency Management. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The next matter before the Court was a request from the Sheriff's office to change the title of a position. Currently the position is called Assistant Crime Stopper Coordinator but would like to change the title to Program Coordinator. The title change does not affect the budget. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The Court next considered a request from the Sheriff's office to reclassify the position of Clerk I Evidence. The Sheriff's office would like to change the position from Clerk I Evidence, Class 1435, Position 3 to program Coordinator, Class 1441, Group 14, Step 2. This does not affect the current budget. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. Vol 77 Page 9,WL Commissioners Court meeting February 21, 2006 3 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, 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: 7016371 through 7016596 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the status of the Burn Ban as established by Brazos County Order 05-011. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to lift the burn ban. Commissioner Wassermann requested that the topic be left on the agenda for consideration next week. The next matter before the Court was to consider adopting Order #06-001 establishing a policy on accrual of leave while on Family Medical Leave (FMLA). On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously approve the attached policy. Vol 77 Page a7 3 Commissioners Court meeting February 21, 2006 4 The next matter before the Court was consideration of an agreement with the Texas Health and Human Services Commission for receipt of USDA- donated commodities for the Brazos County Juvenile Justice Center. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the agreement. A copy is attached. The next matter before the Court was certification of services to evacuees of Hurricanes Katrina and Rita. The Aggie Pregnancy Outreach, Inc. and Faith Life Church each submitted costs for reimbursement that were reviewed and found to be reasonable, necessary and directly related to Hurricanes Katrina and/or Rita events and appear eligible for FEMA assistance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to certify the services of The Aggie Pregnancy Outreach, Inc. and Faith Life Church for FEMA assistance. The next matter before the Court was consideration of Interlocal Agreements between Brazos County and the Cities of Bryan and College Station to provide the general public access to an online legal library. This is authorized pursuant to Chapter 791 of the Texas Government Code. The County will provide one LexisNexis subscription to the citizens of Brazos County through the Bryan Public Library. On motion by Vol -7 1 Page o27 Commissioners Court meeting February 21, 2006 5 Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the agreements and authorized the County Judge to execute the documents. A copy of each is attached. The Court next considered a request to approve the BVCNet Collaborative Agreement to extend the BVCNet Partnership. This is a collaborative effort between Brazos County, Texas A&M University, the TAMU Health Science Center, College Station, Bryan, Blinn Community College, Bryan ISD, College Station ISD, Brazos Valley Council of Governments, The Research Valley Partnership, and St. Joseph Hospital which began in 2000 to be a forum for collaborative technology projects that address joint interests of organizations within the community. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the agreement. A copy is attached. The next matter before the Court was a request to approve the new Information Resources Security Policies. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to remove this item from the agenda to allow the elected officials time to review the policies. The County Judge then asked Assistant County Attorney, Rod Anderson to please review it to see if it is statutorily correct. Vol '7'I Page a 75 Commissioners Court meeting February 21, 2006 6 The Court next considered a request from the Research Valley Partnership for a cash incentive of $25,000.00 to be paid to Arbin Instruments (AI), in accordance with the performance agreement executed on February 24, 2005. AI has met 100% of the total payroll requirement of $2,781,502.00 and total new capital investment of $2,000,000.00. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve payment of the $25,000.00 cash incentive to Arbin Instruments. The next matter before the Court was a request from the Research Valley Partnership for a cash incentive of $9,153.23 to be paid to FMA Alliance, Ltd., in accordance with the performance agreement executed on April 8, 2003. FMA has met 41.61% of the total payroll requirement of $3,255,000.00 and are therefore in partial compliance by contract. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve payment of the $9,153.23 cash incentive to FMA Alliance, Ltd. The next matter before the Court was a request by the Director of the Information Technology Department for approval to modify the formal job descriptions for the following positions: a) Administrative Assistant b) Assistant Network Administrator Vol -77 page ~L74~ Commissioners Court meeting February 21, 2006 7 c) Senior Systems Analyst d) Senior Trainer e) Programmer Analyst II f) Webmaster On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. A copy is attached. The Court next considered a request for extended leave for Benjamin Miller submitted by the Jail Administrator. The County Judge asked how sending this person to the Basic Fire Training Academy will benefit Brazos County. Mr. Dicky replied that Mr. Miller has been a great employee and fire safety in the jail is a top priority. Commissioner Peters noted that EMS Training is probably part of the training that Mr. Miller will received and that would definitely be a benefit. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The next matter before the Court was the reappointment of two individuals to serve on the Board of Trustees for the Mental Health Mental Retardation Authority (MHMR) of the Brazos Valley. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to reappoint the following individuals to serve Vol `7 3 Page 977 Commissioners Court meeting February 21, 2006 8 on the Board of Trustees for the Mental Health Mental Retardation Authority (MHMR) of the Brazos Valley: a) Dr. Tammy Tiner b) Ronny Jackson The term of the two appointments is from March 1, 2006 through February 29, 2008. The next matter for consideration by the Court was a request submitted by the Jail Administrator seeking approval for out of state travel for himself. Mr. Wayne Dicky would be traveling to Salt Lake City, Utah May 20-25, 2006 to attend the American Jail Association Conference. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to grant the request from the Jail Administrator and approved payment of out of state travel expense for Mr. Wayne Dicky. The next matter for consideration was approval of tax refund applications from the following individual: a) Cledis Anthony Hall, Over Payment $5.73 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund application. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested Vol 7 7 Page ;t-7Y Commissioners Court meeting February 21, 2006 9 permission to enter the private property of Kelly Burt on Timberwild Drive in Precinct 2 to stockpile Grade 4 rock for use on Brazos County roads. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. The Court next considered the request from Verizon to construct 1,920 feet of buried cable installations in the south right-of-way of Grassbur Road at a minimum depth of 30 inches. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Verizon and authorized the installation. A copy of the request is attached hereto. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Old Reliance Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Don R. Veazey and wife Patsy Ann Veazey for the expansion and improvements to Old Reliance Road. The Court next considered acceptance of a Special Vol "77 Page A77 Commissioners Court meeting February 21, 2006 10 Warranty Deed for right-of-way on Dilly Shaw Tap Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Jim C. Wall for the expansion and improvements to Dilly Shaw Tap Road. The Court next considered approval of the minutes of the Commissioners' Court meetings held in December 2005 on the following dates: Regular Meetings - 6th, 13th, 20th, Workshop - 12th, 22nd Special Meeting - 29th On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the minutes as submitted. The County Judge next considered the addendum to the Commissioners Court agenda that was to consider a payment authorization to Eric Caldwell, Director of the Information Technology Department in the amount of $48.00. this was for the renewal of the brazosvotes domain names (.com, net, .org). The domain name registrations expired on February 7, 2006 and the registrar does not accept purchase orders. On motion by Commissioner Cauley, seconded by Commissioner Vol -77 Page o2 8b Commissioners Court meeting February 21, 2006 Peters, the Court voted unanimously to approve the payment authorization. There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by court members, the following spoke: Commissioner Mallard a) He attended a good meeting in Hillsboro on the High Speed Rail. Brazos County will host the next meeting in August. County Judge a) Asked Carlos Guitorn, Director of Building Maintenance for an update on improvements to the jail. Richard Vance, County Engineer a) Said they will be opening up the bridge on Old Reliance Road at Wickson Creek. County Judge b) He has been looking for a new facility for the combined Emergency Management operations. He had one in mind but it has now been sold. He is now looking at the Coors Building in the Industrial Park. c) V. G. Young Institute is conducting classes this week for County Judges and Commissioners. The reception is this evening at the Brazos Center. Commissioner Mallard Vol -77 Page ,2gf Commissioners Court meeting February 21, 2006 12 a) The Intergovernmental Committee (IGC) met yesterday. Some of the topics of discussion were litter on the Earl Rudder Freeway, and a new EOC location. There being no further business to come before the Court, the meeting was adjourned. Vol 7 Page 0-8'12. The foregoing minutes of the Commissioners Court meeting held February 21, 2006 have been examined and are approved in open Court this the 1+L day of a 2006, in Bryan, Brazos County,_ Texas. Count Duane Peters Commissioner, Precinct 2 "Carey Ca ley, Jr. Commissi ner, Precinct Attest: Karen McQueen County Clerk h~l~dr (N-LQLt,/sLG v~. Lloyd assermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precin 3 Vol ~77 Page ~2' Y3 r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON a`~~ 20%o AT. .~Oo Name Organization/Dep ment . I 64 At , Alts i vT +,W „s P ;Z r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON~ 21 2006 AT Vb4 Name Organ ization/Dep ment ~O ShC ran nn lo n~cno, ~ a 117 PAGE. 2S5 -~r BRAZOS COUNTY, TEXAS " BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-20.1 thru 05/06-20.3 On this the 21' day of February 2006 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 21 February 2006 the Court heard and approved a budget amendment for the 2005-2006 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 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 21" day of February 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes 'io(. 7 7 pt,aE of o BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 20.1 77 pii- -97 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 20.2 111111"" FD 5500 5500 5500 5500 5500 DIV 28006000 28006000 28006000 28006000 28006000 ACCT 61130000 51615000 53100000 53200000 53800000 PROJ DR/CR CR DR DR DR DR ACCOUNT NAME Increase Decrease Contingency 865.00 Hourly - Law Enforcement 721.00 Social Security 55.00 Retirement 79.00 Workers Comp. 10.00 Jail - Inmate Commissar To reallocate funds for a salary increase to Christopher Townsend. The re uest has been a roved b the Commissioners' Court on 2-14-2006. ri,. - a8~ -71 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 20.3 2/21/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 35500100 51200000 CR Salary - Dept Head 9,850.00 0100 35500100 53100000 DR Hourly - Law Enforcement 754.00 0100 35500100 53200000 DR Social Security 1,080.00 0100 35500100 53800000 DR Retirement 22.00 0100 11001500 61130000 CR Contingency 11,706.00 Emergency Management - To provide funds for the increase in salary of the new department head as determined b the search committee. New salary to beat a Group 28 Ste 2 - $50,502.40 per year. J~h I PAGE o2gR 4 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: February 21, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on I Department Submitting Employee Request Action Requested Request(s) Applies To County Clerk Reed, LaQuita Terminated Elliott, Victoria Promotion DA - Crime Fund Juvenile Services - Detention SO/Jail Boggus, Christopher Polk, Derrick Mushinski, Melinda Slafka, Ray Sandle, Vincent Smith, Belinda New Hire Resignation Transfer to Another Dept. New Hire New Hire New Hire Sheriff's Office Approved in Commissioners' Court: County Judge's or Commissioner's S (This Copy to be attached to minutes; Aguilar, Gracie Transfer to Another Dept. utu ~ PAGZ a70 ?f F BRAZOSCOUNTY BRYAN, TEXAS Cancellation of the Burn Ban established by Brazos County Order 05-011 Effective immediately, the ban on outdoor burning as established with Brazos County Order 05-011 is cancelled by the Brazos County Commissioners Court. APPROVED: RandylSifns, County Judge Office of the County Judge . 300 East 200 St. • Sufte 114 . Bryan, Texas 77803 . Fax: (979) 361.4503 1 s~OEtlIPAGE o2-7 ,It q POLICY ON ACCRUAL OF LEAVE WHILE ON FAMILY MEDICAL LEAVE (FMLA) WHEREAS, THE FAMILY MEDICAL LEAVE ACT (FMLA) was enacted by the Federal Government and became effective August 5, 1993, (29 CFR Part 825); and WHEREAS, Brazos County is a covered employer by this act and must comply with these regulations; and WHEREAS, these regulations allow employers to develop regulations regarding the accrual of vacation and sick leave while on leave under the FMLA and receiving payment for previously accrued time; and WHEREAS, it is the belief that employees who on leave under the FMLA should continue to accrue vacation and sick leave while being compensated from their accrued leave. Once the employee is put on leave without pay, all accrual of time ceases until the employee returns to work. NOW, THEREFORE, the Commissioners Court of Brazos County orders and directs that all employees who are placed on leave under the FMLA and are on paid leave shall continue to accrue vacation and sick leave in the same manner as if they were actively at work. Employees who are on leave under the FMLA and are unpaid will not be allowed to accrue vacation and sick leave. This order becomes effective immediately. ADOPTED, this the Z/ 4 day of February, 2006 by a vote of ATTEST: Karen McQueen, County Clerk 2.15.06 5- Ayes and 0 Nays. Sims, County Judge Order W-001 1'11t. ~'t4lrt. Texas Health and Human Services Commission Application and Agreement for Receipt of USDA-Donated Commodities Schools and Residential Child Care Institutions (National School Lunch Program) -TinW 4. cnu~... Brazos County Juvenile Detention (979)823-3544 1904 SB 21 West Same (979)823-4211 Tx:. 77803 SECTION 2: TYPE OF SCHOOUINSTITUTION AND PROGRAM INFORMATION A. Identify your school or institution type (check one): ❑ Public School ❑ Charter School ❑ Private School Q Residential Child Care Institution (RCCI) Brazos S. Average daily participation in the National School Lunch Program 29 C. Number of operating days per year 365 AGREEMENT - The undersigned School/Institution agrees to assume full responsibility for compliance with contract terms and conditions, as specified by, (a) Form H1502 (this document).Application and Agreement for Receipt of USDA-Donated Commodities;" (b) Form H1499, 'Commodity Agreement, Terms and Conditions; (c) terrns and conditions of "Commodity Distribution Option," if authorized by HHSC to receive commodity shipments directly from USDA; and, (d) any amendment and/or addendum, as may be required by HHSC and agreed to and signed by both parties. This agreement will remain in effect until terminated by one or both parties. With 30 days advance written notice, either party may terminate the contract for cause. For the faithful performance of the terms and conditions of this agreement, including Form H1499, if applicable, the terms and conditions of the "Commodity Distribution Option," and any amendment and/or addendum as may be necessary, the parties hereto, in their capacities stated, affix their signatures and bind themselves. Slgnatu e-Authorized Rep esentative Patrick Munoz Printed Name-- Authorized Representative Printed Name -HHSC Official Signature - HHSC Official Effective Date of Agreement Agreement No. Federal Tax 11D 021187.2004 746000433 pmunoz@co.brazos.ta.us D~-iZ-o6 Date Assistant Superintendent ~'i m Pt> . [ /3 Texas Health and Human Services Commission Commodity Agreement: Terms and Conditions Form H-1499 August 2005 The Texas Health and Human Services Commission (HHSC) adrrdWsters and operates federal commodity programs by agreement with the United States Department of Agriculture (USDA). An agency or orgardzation that is interested In receiving USDA-donated oommodities must submit to HHSC for approval a completed Application and Agreement for Receipt of USDA-Donated Commodities. Upon signing the a9reenhent, an applicant agency or organization agrees to comply with the following terms and conditions: Use, Storage, and Disposition of USDA430nated Commodities 1. To abide by the instructions and regulations issued by HHSC and USDA for receiving, handling, storing, and/or using USDA commodities 2. To fairy and equitably drstdixite USDA cennhodides, as ingredients of prepared meals or food packages, only to eligible persons and households (or, N applicable, to qualified agencies and organizations), first cow first served. 3. To request USDA commodities only in amounts that will be properly stared and hilly utilized witlhout waste. 4. Not to sell, trade. or dispose of cemnodides. Richidng commercial 5. •NP sling o repackaging into end products, without HHSC approval. require commodity recipients or, if applicable, eligible agencies and organizations to pay for USDA cemnodifies in money materials, or service. As applicable 6. To abide by HHSC requirements for receiving shipments of donated commodities directly from USDA 7. To use USDA commodities in an established food service operation to benefit persons and households that are eligible. 8. Not to reduce the amount of food received from other sources as a result of receipt of USDA commodities 9. To Provide adequate facilities and personnel to handle, store, safeguard, and/or distribute USDA commodities. is included in any subcontract it awards. 16. CM Rights (a) The Contractor agrees to rumple with Tide VI of the Civil Rights Ad of 1964 (Public Law 88.352) and all requirements imposed by the regulations of the'Padree nt Of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Pats 42 and 50) and FNS directives or regulations issued pursuant to that ad and the regulations. Section 504 of the Rehabilitation Ad of 1973 (Public Law 93-112), the Amenccans Will' Disabmtes Ad of 1990 (Public Law 101-336).' Me IX of the Education Al"KIRlants of 1972 (7 CFR Part 15a). the Age Discrimination Ad of 1975 (Public Law 94-135). and all arrhendmohls to each, aM ad regWreytonta Reposed by the regulations issued pursuant to these ads. In addition, the contractor agrees n comply with Tile 1, Chapter 377, of the Texas Adnu istrafwe Code. These provide In Part that no Person in the United States shall, on the ground draee. cola, national origin, sex, age, dsabffly, Political beliefs, or religion be excluded from participation l'4 a denied any aid, care. novice or dher benefits divided by federal auditor slate f mdrg. d a otherwise be subjected to sontnnfan. The eontiador also agrees to Comply with Health ant Safety Code Section 85.113 (relating to vrorkpI'm and confidentiality ghlddnes regarding AIDS ant HIV). Accountability 10. To allow HHSC and USDA to inspect at any reasonable free, the USDA commodities in storage and the lacgifies used for handling and storing USDA commodities. 11. To accurately maintain all necessary records, including copies of the agreement ant Form H1499. Additionally, to cooperate during the-Annual Contract Update.' 12. To maintain records for a minimum of three years and 90 days following either the end of the federal fiscal year in which services were Provided or the explraben or termination date of a contract or for a Period greater than three years and 90 days&e it necessary, to resolve any gtiga6on, claims or audit findings, (Nate: nsions to time-gutted contracts are separate. contracts; resolution of litigation , claims, or audit findings occurs upon the issuance of a final litigation order or by written agreement between the contactor and HHSC.) 13. To comply with the requirements of the Immigration Reform and Control Act of 1966, regarding employment verification and retention of verification forms for any individuals hired after November 6, 1966, who will perform any labor or service under this contrail. 14. In conjunction with the annual physical inventory or as otherwise required by HHSC, to review storage facilities that house USDA commodities and to maintain a record of findings. 15. To comply with HHSC policies and instructions for conducting financial and compliance audits. Additionally, to comply with the Single Audit Ad by obtaining an organization-wide audit for those fiscals years in which single audit criteria apply. CONTRACTOR understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditors Office (SAO), or any successor agency, to conduct an investigation in connection with those funds. CONTRACTOR further agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. CONTRACTOR will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through CONTRACTOR and the requirement to cooperate The centrador hereby gives assurance that t wig inrnediatey take any measures necessary b effectuate this agreonheit (b) This assurance is Overt in consideration Of and for the Purpose of efi federal any ant at federal Manpal assistance, grants and bans of Bt ds, reirMasable eVe ndihm, grant or donation of federal properly and interest in Property, the detail of federal personnel, the sale and lease of, and the pemhission to use, federal property, or Interest in such property or (he furnishing of services w taw consideration or at a nominal consideration, or at a consideration which is reduced for the Purpose of assisting the recipient or in recognition of the public interest to be served by such sale, lease or furnishing of services to the recipient, a any improvements made with federal financial assistance extended to the Program applicant by the HHSC. This Includes any federal agreement arrangement, or other contract which has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment o any other financial assistance extended in reliance on the representation and agreements triode in this assurance. (c) The Contractor agrees to compile data, mantas records, and submit repots as required, to permit effective enforcement of tlo above Ads ant permit authorized HHSC, USDA and FNS Personnel during normal working hours to review such records, books, and accounts as needed to ascertain compliance with the above Ads. If there are any dghtseeks of enforcement HHSC, USDA and FNS have the hid.na of this assurance. This assurance is binding ran the Contractor, its successors , assignees as long as It receives assis transferees, transferees, retains Possession and possession of any assistance from HHSC. The person whose signature appears on this contract is authorized b sign this assurance on the behalf of the Contractor. (d) To ensure that civil rights training is provided 0 sub-agencies according to HHSC guidelines. aVf As applicable 17. To maintain receipts, height bills, notices of arrival, availability, and issuance of USDA commodities; Forms 506; inventory could sheds and storage facility review records (nclud'mg inventory sheets and review records for leased storage space); and financial and supporting documents, statistical records, and otler records pertnent to the services forwh dh a daim was submitted. 18. To keep records of non-expendable Property acquired under the contract for three years and 90 days after the final disposition of the property. 19. To arm" that any food service management cempany (FSMC) or non-profit organization (NPO) ernpbyed to conduct lewd services operations does so according to HHSC instructions A comma «a9reement with an FSMC or NPO must meet conditions outlined in to Food Service Management Company weft of this form (see Page 2). Misuse of USDA Commodities 20. To mimMase HHSC, acoodfng W HHSC procedures, forany improper dshfbutiom a use bf USDA oonmrodities, or for any toss of, or damage to , USDA oommoatfes caused by the appficanrs fault or negligence. 21. That any misuse of USDA commodities may cause appliicants to be disqualified from Program participation, and that reinstatement is an HHSC option. 22 That entezbemerd, misuse, theft Or obtainment by fraud of USDA commodities or, as applicable, USDA 00mwd4-related funds, assets, or ProPerty, shall cause the applicant to be subject to federal ciminal Prosecution. As applicable 23. Applicants and their sub-agencies, if any, have and preserve a right to assert claims against other persons, agencies. and argan'¢atioos to whom USDA are delivered for care, handlag, or dishfartorh; and, furthermore, may take action to obtain restitution in connection with claims for improper distribution, use, or loss of or damage to USDA commodities. 24. To pay commercial storage and delivery costs ineared for USDA commodities allocated. The above assurances are given by the applicant agency or «9anixatfon to obtain; (a) federal financial assistance , grants and loans, amlfor reimbursable expenditures; (b) grants or donations of federal Property or an interest in property; (c) for the use of and to assist the applicant, the sale or lease of federal property or an interest in such property, or the detail of federal personnel (for no or reduced consideration); andfor (d) for the purpose of serving the public interest the selling, leasing, or furnishing of services, or the extending of any Improvements made with federal financial assistance , to the program applicantby HHSC. As applicable, the applicants assurances also apply to any federal agreement, arrangement or other contract which has as one of is purposes the provision of cash assistance. Food Service Management Company As Provided by federal regulations, HHSC commodity contractors may enter into written agreements with food service management companies (FSMC) or non- Profit organizations (WO) to conduct the food service operations. Under such agreements: 1. the FS MC or NPO must provide the HHSC commodity contractor with proof (to be available to HHSC upon request) that the HHSC contractor solely benefits from USDA commodities made available and used in the food service operation and that the HHSC contractor receives the full value of all USDA commodities made available; 2, the FSMC or NPO will maintain and make available the books and records of the HHSC contractor's USDA commodities used in the food service operation for a period of three years and 90 days after the end of the agreement period or, i the agreement is permanent the dose of the federal fiscal year to which the books and records pertain; Form H7499 Page 2/08-2005 3. the agreement period (for HHSC commodity contractors that are non- Profitable SWVW for the camps for Chi",charitadainstitutions. OfMdrftforh Y) shat rat emceed one year, however, at the option of both Parties and on the 00130011 that are FSMC or NP0 updates all pertinent information and aocamts for USDA commodities used during the prevaus agreement period, to agreement may be extended for four adddional one-year Periods; 4. either party may, with thirty (30) days wsiten 1110608, terminate the agreement for cause; and 5. FSMCs and NpOs employed by nonprofit summer camps for children, charitable instil06ons, ornuhifwnal programs for the elderly, which are also HHSC conbacfors, must agree to atow HHSC to review, as needed, its food service operations for the HHSC contractor. Certification 1. RegardingDdaarmeM Susporhslon inetgibtiy, ang by or Voluntary Fxdusionf«coveredCo„irads_1hem~adorce~ by execution of this agreement that neither it or its pdn*Ws is presently debarred, suspended, Proposed for debarment, declared she, voluntarily excluded Dorn parfidpatn9 in this contract by any federal deP d or agency or by it* State of Texas. (The words covered oontrack"debared: 'suspended: 'participant,"persons: •gindpal: 'proposal; and %Vurlatty excluded; as used in leis certification, have meanings based upon materials in the Defn titers and Cerage of federal rules inplemerhting Executive Drier 12549.) BBy making this sections certification, the contractor agrees to the WoN ng terms: (a) The above certification is a material representation of fact upon which re canoe was placed when this contract was entered into. If it is later determined tlhat to contractor bw m* rendered an erroneous certification, in addition to Other remedies available to the federal Or Other Via DePantirnent « of agency. Health or and Human Services, HHSC may USDA available remedies, Including suspension anN« debarment pursue (b) The contractor shy provide invnediate Wi ten notice to the person to which this certification is submitted tat ary time the contractor leans that Me certification was erroneous when submited or has become erroneous by reason of changed circumstances. (c) Should the proposed covered contract be enlemyd into, the contractor shall not fuawingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department of Heath and Human services, USDA or other tederal d*v hwt or agency, andfor HHSC, as applicable. (d) The contractor, when s*riafing this certification, Will Include HHSC form Codification Regarding Debarment, Suspension, Inefgibflity, and Voluntary Exclusion for Covered Contracs NNW modificafion, in all covered subcontracts and in s06citationt for all covered subcontracts. (e) A contactor may rely upon adifiatim of a subcontrado that fs not debarred, suspended, ineligible, or volmtanTy excluded from the covered contract unless it knows that #4 cerfificadon is erroneous. A contractor must at a minimum, obtain certifications from its covered subcontractor upon the initiation of each and upon each renewal, va 77 PALL 27S Nothing contained in an the foregoing shall be construed to require 3 establistm4ot of a system of records in order 1o render in good faith Ore cetificafon repue t by this cerdficatipr document The loxiiiiiedge information of a contractor is not required to exceed gnat which its nor aly possessed by a Prudent person in the ordinarycaurse of business dealings. Except (or contraclors authored under Pam9 * (C) of these terms, t a contractor in a covered conhsnt knowingly enters into a covered subcontract with a person who is suspended; debarred, ineligible, or voluntarly exckded tram p gon in this transactiM in addition to other remedies available lo the federal federal 9ovemrt en1, Depadmerd of Heallh and Human Services, USDA, or other federal departntant of agency, as applicable, ardfor HHSC MY Pursue available remedies, inducing suspension ardfor debarment 2. Regarding Federal Lobbying - This certification applies only to Oils contract and is a material representation of fad upon which rdance was Placed when this a transaction was made a entered into. Submission d this 4. krsed b by fy le a preregulsite for making or entering into this transaction impose Sactio n 1352, Title 32, US. Code. Any Person who fads to fie the required ceni icaOam shall be subject to a dvd penalty of not less than 5. $10,000 and not more than $100,000 for each such facture. The contractor certifies, that to the best of his or he knowledge or beget, that no federally appropdated funds have been paid or wit be Paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of employee of a member of Congress in connection Congress, with h the awarding of any federal con long of ~k the making of any federal grant the ae making of any federal 1*3n4 the ederng Into of any cooperative agreement, or the extension, continuation, renewal, ameodmed, or modification of an federal contract, grant, ban, or cooperative agreement y If any funds others ham federally appropriated funds have been paid or will be Pad lo any person for influencing or atemptng to influence an officer or employee of any agency, a member of Congress. an oftiav or employee of Congress, a an employee of a member of Congress in connection with this faderalyfurded contract, subcontract Or cooperative agreement, the undersigned shell complete and subedt Standard FermAU (Disdosrue Form lo Report Lobbying), in accordance with is nsWctas. The contactor shat require that the language of this certification be included in the award documents for all covered sub.aw,ards at ail tiers (Including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all covered sub-recipients shat certify and disclose accordingly. Form "1499 Page 3108-2005 Regarding subcontracts for Goods and Services -The contractor cerOOes that lf it c umergtymitracts with any agamzation that provides goods and services oamected to conuncddy, use (04, auditor, am eg Regarding MamreK miqneni), it will obtain, from the subcontractor, HHSC form Certification Covered Contracts fwparsbn, Ineligibility, or Voluntary Exclusion for forms are louthe form Certification Regarding Federal Lobbying: the contract PPlicaOon packet or can be obtained from HHSC upon the eontractofs request These fors must be maintained for thme years and 90 days after the end of the contracted period, or for three years and 90 days altar to close of am Worst fiscal year to whteh the contrad pertains. The coniaacoor further certifies and understands that failure to Comply with this requirement is a vtol" of the Food Distribution Program canmodty contract and could result in termination of that conbaa Coryorati m -The contractor Certifies that t it is a corporation. it is either a nonprofit corperation of is otherwise riot subject to payment of franchise taxes to the State of Texas. kdormafion Codification -The Contractor Certifies that at inflammation sr n*W pursuant lo this agreement is 6110 and Caned. The contractor tes this s Cththat at deand may liberately mi s"s Preriosearunder withholding information W v and federal statutes. applicable state M '77 PAGE ~9~ School Food Service Director Information School Year 2006-2007 Please provide the following information for the School Food Service Director so that we can ensure our records are accurate. We are also requesting this information so that we can keep all School Food Service Directors informed on any changes or new information. It is your responsibility to contact your Commodity Contract Technician with any changes that may occur during the school year. Agency Name: Brazos County Juvenile Services Department 'jrSD'I'elephone Number: ( 979 ) 823-3544 SF-SD E-mail address: pmunoz@co.brazos.tx.us SFSD Signat A .7>9d,_ T\ h I Are you participating in? Processing of Commodities: (x) yes ( ) no Service Director Name: . Patrick Munoz Fax ( 979 ) 823-4211 Fresh Fruits & Vegetable Program: ( ) yes no Farm to School Program: ( ) yes (R) no VOL -77 PAGE 077 QUESTIONNAIRE Food Service Management Company or Non-Profit Organizations Employed by Commodity Contractors Please complete and return with your application to receive USDA Commodities. STEP I Do you employ a Food Service Management Company (FSMC) to Prepare products or meals? I%) No GO TO STEP 2 1 ) Yes GO TO STEP 3 STEP 2 Do you employ a Non-Profit Organization (NPO) to prepare products or meals? IB) No GO TO STEP 5 1 1 Yes GO TO STEP 4 STEP 3 Send the following documents to the FSMC you employ: -Food Service Management Company (FSMC), Non-Profit Organization (NPO), information Sheet (attached W this document). Note: Be sure to enter your name(address in the space provided at the top of the Information sheet -Forms: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exck,slon for Covered Contracts and Certtfication Regarding Federal Lobbying (found in the Food Distribution Handbook or HHSC website). Once completed, keep in your files. Request the FSMC to follow OFSMC/NPO Information Sheet instructions GO TO STEP 5. STEP 4 Send the following documents to the NPO you employ: • Food Service Management Company (FSMC), Non-Profit Organization (NPO), Information Sheet (attached to this document). Note: Be sure to enteryourname/address in the space provided at the top of the information sheet. • Forms: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts and Certification Regarding Federal Lobbying (found in the Foal Distribution Handbook and HHSC website). Once completed, keep in your files. Request the NPO to follow OFSMC/NPO Information Sheet instructions Note: If in Part It of the FSMCINPO Information Sheet, the NPO answered YES to both questions #t and 42, then your signature in STEP 5 certifies that your agreement with the NPO includes the following: the NPO agrees to deposit into is non-profit food account all funds you pay the NPO for food services, and • the NPO agrees to account for all donated commodities in a manner that will ensure that USDA auditors will be able to determine that you (the commodity contractor) benefited from the donated foods. GO TO STEP 5. STEP 5 Sign and return to HHSC with your commodity packet. If applicable, also attach the OFSMC-NPO Information Sheet which was completed by the FSMC or NPO you employ. ~-7 k-r 978' INFORMATION SHEET Food Service Management Company (FSMC) Non-Profit Organization (NPO) School/Institution Name (Commodity Contractor): Brazos SH 21 West Bryan, Ts 77803 FSMC/NPO: N/A Note: Federal regulations require that all commodity contractors who utilize the services of a FSMC or Non-Profit Organization (NP(D) have a written agreement that must specify that (a) any USDA donated foods made available to the FSMC/NPO rhhust be used solely for commodRefco of the commodr' ity cetacWs food service operation, and (b) 9% FSMCRdPO's books and records pertaining to the which the records pertains food operation must be avafiable for audit for three years following the end of the fiscal year to Part 1(to be completed by Is Your company employed to prepare products or meals for two or more commodity contractors (including the one named a(bove)? [ ] Yes GO TO QUESTION 2 [ ] No GO TO PART 111 Does your company prepare products or meals for commodity contractors in a commercial facility (i.e. not on the premises of a commodity contractor)? [ ] Yes GO TO QUESTION 3 [ ] No GO TO PART 111 On the lines provided below, list the addresses for the commodity contractors with whom your company has agreements. Attach an additional page if necessary. THEN GO TO PART Ill. Commodity Contractor Address (to be completed by Is Your company employed to prepare products or meals for two or more commodity contractors under one agreement in a central facility? [ i Yes GO TO QUESTION 3 [ i No GO TO QUESTION 2 Does your organization prepare products or meals for only one commodity contractor, but uses an off-site facility (i.e. not on the premises of a commodity contractor)? [ ] Yes GO TO QUESTION 3 [ j No GO TO PART 111 On the lines provided below, list the addresses for the commodity contractors with whom additional page if necessary. THEN GO TO PART III. Your company has agreements. Attach an Commodity Contractor Address PART III (to be completed by FSMCs and • Ensure that your name and address are entered in the space provided at the top of this document and that you have answered the questions in either Part I (FSMC) or Part II (NPO), and signed and dated this form. • Complete/sign Forms - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts and Certification Regarding Federal Lobbying (provided by commodity contractor) and return all documents to the COMMODITY CONTRACTOR whose name/address appears at the top of this document. Signature VA -77 PLfar -099 Texas Health and Human Services Commission Special Nutrition Program FOrM H4508 Certification of Authority July 2005 IE This is to ce rti that the followin terson s Name of Authorized Representative (please type or print) - Title Patrick Munoz Assistant Superintendent X hA S raWre Authorized Re ntative Name of Autorized Representative (please type o,.PM0 Dr. Doug Vance Idle Director X nature-Autlnodzed Re senWtiire is are deal mated as an Authorized Representative of Name of Contracting Organization Brazos County Juvenile Services Department Address (Street C4, State, ZIP) 1904 SH 21 pest Bryan, 1x. 77803 The representative(s) designated above, and myself, acknowledge that each Is individually authorized on behalf of the contracting organization to make written agreements with the Texas Health and Human Services Commission (HHSC) to operate a food program, to sign documents or reports about the agreement and to present claims for reimbursement, when appropriate, to the department By signing this document, we certify Individually and collectively that to the best or our knowledge and belief, all documents submitted physically or electronically on behalf of the above named contracting organization pursuant to our participation in any and all programs administered by Special Nutrition Programs, HHSC, are/will be true and correct in all respects, that they areANM be completed according to the terms and conditions of existing agreements, including amendments, that records arefwill be available to support any and all claims and that we will not submit claims (excluding amendedladjusted claims) for goods or services for which we have already received payment We recognize that we are fully responsible for any excess amounts which may result from errors made in relation to the completion and submission of claims. We are also aware that deliberate misrepresentation or withholding of information may result in prosecution under applicable state and federal statutes. Name of Offical of Contraging Agency (please type or print) Title Brazos County ty Judge X nature-Official of Contra ' Agency DELETED AUTHORIZED REPRESENTATIVES: A contracting organization may not have more than three (3) authorized representatives, including the official of the contracting agency. If you are deleting an authorized representative, list the name(s) of the individual(s) to be removed as authorized representative(s) below: Name of Deleted Representative Name of Deleted R Collin Coker epresenlaeve Name of Deleted Representative or HHSC Use Only Contract No. Received By 75 _ Date Received V0L-7-7 ~ 30© PLANNED ASSISTANCE LEVEL (PAL) CALCULATION SHEET Working Document Purpose: Use this document to help you commit your PAL dollars for School Year 2007 (July 2006 - June 2007). The document can also serve as a guide for completing the online PAL Worksheet in TCS. BEGINNING PAL (Located in TCS) $ 854.40 A. Processing PAL Commitment $ 853.38 B. Fresh Fruit & Vegetable PAL Commitment $ 0 (Beginning PAL x 8%) C. Farm to School PAL Commitment $ 0 TOTAL PAL COMMITMENT S 853.38 (Add A, B and C) REMAINING PAL for A & B Commodity Requests (Beginning PAL minus Total PAL commitment) S 1.02 Note: The remaining PAL for A & B Commodity Requests should be committed on various commodities in the TCS Commodity Request Module. 77 PAGE 30/ ATE State of Texas Health Human Services Commission Nondisclosure Statement Acknowledgment As a contractor to the Texas Health & Human Services Commission, I have been provided access to information, systems, operations, or procedures that are security sensitive or have been identified as confidential by the Health & Human Services Commission, the State of Texas, or the United States Government. As such, I acknowledge the following: • that my access to this information is provided solely in my capacity as a contractor to the Texas Health & Human Services Commission; • that access to this information is solely for the purpose of discharging my duties or the duties of my employer under Texas Health & Human Services Commission contract number HHSC-&LI},g1,-_7jg, • that premature or unauthorized disclosure of this information will irreparably harm the interests of the State of Texas and the Texas Health & Human Services Commission and may constitute a violation of Section 39.02 of the Texas Penal Code, the antitrust laws of the United States and the State of Texas, and the Texas Public Information Act [chapter 552, Texas Government Code]; • that the information may represent confidential or proprietary information, the release of which may restricted or prohibited b law. Agreement In view of the foregoing, I agree that I shall use any information that I receive in my capacity as a contractor to the Texas Health & Human Services Commission - whether written or oral, formal or informal - for the following purposes only: • to provide the services and/or deliverables required or requested under contract number HHSC-"- $7, 2aa • to provide advice, opinion or recommendation requested by the Texas Health & Human Services Commission in the course of fulfilling the duties prescribed under the contract; • to assist the Texas Health& Human Services Commission in developing any documents, reports, working papers, evaluations, schedules, or instruments necessary to fulfill the requirements of the contract. I further agree that I shall regard any such information as confidential and that I shall not disclose, reveal, communicate, impart or divulge the information or any summary or synopsis of the information in any manner or any form whatsoever, except under the following circumstances: • when authorized in writing by the Project Manager employed by the Texas Health & Human Services Commission; • when required by court order, subpoena, or ruling of the Attorney General of Texas; • when advised by legal counsel that disclosure is required by law or legal process; • when the information has previously been released to the general public by the Project Manager, the Texas Health & Human Services Commission; • when required to brief or inform a superior, provided the superior is informed of and has also executed a non-disclosure statement. In the event I receive a request for information relating to contract number HHSGoiri_ - _ after the performance of this contract, I agree to do the following: either during or notify the Project Manager or the Texas Health & Human Services Commission as soon as practical following receipt of the request; • seek advice from a ro riate le al counsel r ardin m a Ai to disclose the information. By signing this statement, 1 acknowledge that I understand and agree to adhere to the limitations on disclosure ded above. S~gnatnre T' 6" ~a1~ot or Patrick Munoz pate Printed Name SPECIAL NUTRITION PROGRAMS CHARITABLE CHOICE DATA FORM The information in this form is being requested to help the Texas Health and Human Services Commission (HHSC) determine the approximate number of contracts it has with charitable and religious organizations. This information will assist HHSC in implementing Section 104 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. § 604a, and in providing more accurate information to the Governor's Office about the implementation of this section. This information will not be used to help select contractors or to favor or discriminate against any individual organization. You are not required to provide the information requested on this form. Electing not to provide the information requested in this form will not affect your contract with HHSC. Name of Organization Brazos County Juvenile Services Department Address Phone Number 1904 SH 21 West Bryan, Tx 77803 (979) 823-3544 1. How did your organization find out about this contract? ❑ Texas Register ❑ Newspaper ❑ Magazine Name of Magazine ❑ Other Contractor Name of Other Contractor ❑ Publication Name of Newspaper Name of Publication ® Other Renewal of contract 2. Is your organization a charitable or religious organization? Check the box(es) that apply. ❑ Charitable ❑ Religious You are not required to provide the information requested on this form. Electing not to provide the information requested on this form will not affect your contract with HHSC. RETURN THE COMPLETED FORM TO YOUR SPECIAL NUTRITON PROGRAMS AREA PROGRAM OFFICE. vuL -77 pjti,;c 303 BRAZOSCOUNTY BRYAN, TEXAS FEMA REIMBURSEMENT Certification of Shelter Costs The County of Brazos, Texas, as an eligible Applicant for Public Assistance, hereby certifies that the following organizations, including faith-based organizations provided sheltering services to evacuees of Hurricane Katrina and/or Hurricane Rita. The County has met with these organizations and reviewed the costs submitted for reimbursement. The sheltering costs incurred by the organizations are reasonable, necessary, and directly related to Hurricane Katrina and/or Hurricane Rita events, and appear eligible for FEMA assistance. (A FEMA Project Officer will prepare a Project Worksheet with the County.) The organizations will receive payment from the eligible applicant, the County of Brazos, Texas, when the local jurisdiction receives payment from the Governor's Division of Emergency Management. The organizations listed herein certify that the costs incurred and requested for reimbursement were not funded by insurance proceeds, donations, or any other funding source. a. Aggieland Pregnancy Outreach, Inc. b. Faith Life Church l~e sw S ('.y,~,u o~2/ ~rX Jurisdiction Date Office of the County Judge • 300 East 20" St. • Sutte 114 . Bryan, Texas 77803 • Fax: (979) 3614503 VuL31-PAGE. 304 02/08/2006 15:59 9793614503 BRAZOS COUNTY PAGE 04 CER'T'IFICATION AGREEMENT Hurricane Shelter Costs The sheltering costs incurred by Aggieland Pregnancy Outreach, Inc. (hereinafter "organization') were reasonable, necessary, and directly related to Hurricane Katrina and/or Hurricane Rita events, and appear eligible for FEMA assistance. (A FEMA Project Officer will prepare a Project Worksheet with the County.) The organization will receive payment from the eligible applicant, the County of Brazos, Texas, when the local jurisdiction receives payment from the Governor's Division of Emergency Management. The organization listed herein certifies that the costs incurred and requested for reimbursement were not funded by insurance proceeds, donations, or any other funding source. The organization also certifies that they will maintain all cost records for three years following the closure of the most recent audit report or submission of the final expenditure report. All records are subject to audit or monitoring during the entire retention period. Lr / c z// 3/0~ Certifying Official for Date of Certification Aggieland Pregnancy Outreach, Inc. sitli. 77 PAGE 30,5 aFj F'2/08/2006 15:59 9793614503 BRAZOS COUNTY PAGE 03 CERTIFICATION AGREEMENT Hurricane Shelter Costs The sheltering costs incurred by' Faith Life Chureb (hereinafter "organization") were reasonable, necessary, and directly related to Hurricane Katrina and/or Hurricane Rita events, and appear eligible for FEMA assistance. (A FEMA Project Officer will prepare a project Worksheet with the County.) The organization will receive payment from the eligible applicant, the County of Brazos, Texas, when the local jurisdiction receives payment from the Governor's Division of Emergency Management. The organization listed herein certifies that the costs incurred and requested for reimbursement were not funded by insurance proceeds, donations, or any other funding source. The organization also certifies that they will maintain all cost records for three years following the closure of the most recent audit report or submission of the final expenditure report. All records are subject to audit or monitoring during the entire retention period. Z11261> 1 Certif Official for Date of Certification F ife Church VOL 77 PAGE 30(p INTERLOCAL AGREEMENT STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS THIS AGREEMENT, made and entered into this O~ day of February, 2006, by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, ("COUNTY") and THE CITY OF COLLEGE STATION, TEXAS ("CITY") pursuant to the Texas Interlocal Cooperation Act, Texas Government Code, Chapter 791. WITNESSETH: WHEREAS, the COUNTY and the CITY are authorized to enter into interlocal cooperative agreements, pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the COUNTY and the CITY find that it is mutually beneficial for the COUNTY and the CITY to enter into an agreement whereby the COUNTY shall provide one subscription to LexisNexis, an online legal research tool, for the citizens of Brazos County through the College Station Public Library. NOW, THEREFORE, the undersigned parties hereby agree as follows: 1. Commencing on February 1, 2006 and terminating on September 30, 2006, the COUNTY shall provide the usemame and password to one LexisNexis account purchased by the COUNTY for the purpose of providing the general public access to a legal library. This contract shall renew annually on October 1 each year and shall be effective for a period of one year, provided that the annual operating budget of the COUNTY includes funding for continuation of the LexisNexis subscription. II. CITY, for and in consideration of the services to be provided by COUNTY, hereby agrees provide online access to the LexisNexis account to the patrons of the College Station Public Library during the normal operating hours of this library. The COUNTY acknowledges that the access granted to the library patrons stated above fairly compensates it for the service it is to provide pursuant to this Agreement. PunRe Legal unary 2006 ILA Page I Each of the parties to this agreement agrees to hold the other harmless for any and all claims of whatsoever nature or kind that may arise as a result of that party's fulfillment of this agreement. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, CITY agrees to discontinue use of or granting access to the LexisNexis account. This agreement may be modified or amended in writing by the mutual consent of the parties with said modification being attached to and incorporated into this agreement by this reference for all purposes. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. WITNESS OUR HANDS THIS .y day of February, 2006. BRAZOS By: Attest: THE CITY OF COLLEGE STATION, TEXAS By: Name: Title: Public Legal Library 2006 ILA Page 2 VQL~PAGE 308 INTERLOCAL AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZOS § THIS AGREEMENT, made and entered into this 23~- day of February, 2006, by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, ("COUNTY") and THE CITY OF BRYAN, TEXAS ("CITY") pursuant to the Texas Interlocal Cooperation Act, Texas Government Code, Chapter 791. WITNESSETH: WHEREAS, the COUNTY and the CITY are authorized to enter into interlocal cooperative agreements, pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the COUNTY and the CITY find that it is mutually beneficial for the COUNTY and the CITY to enter into an agreement whereby the COUNTY shall provide one subscription to LexisNexis, an online legal research tool, for the citizens of Brazos County through the Bryan Public Library. NOW, THEREFORE, the undersigned parties hereby agree as follows: 1. Commencing on February 1, 2006 and terminating on September 30, 2006, the COUNTY shall provide the username and password to one LexisNexis account purchased by the COUNTY for the purpose of providing the general public access to a legal library. This contract shall renew annually on October 1 each year and shall be effective for a period of one year, provided that the annual operating budget of the COUNTY includes funding for continuation of the LexisNexis subscription. II. CITY, for and in consideration of the services to be provided by COUNTY, hereby agrees provide online access to the LexisNexis account to the patrons of the Bryan Public Library during the normal operating hours of this library. The COUNTY acknowledges that the access granted to the library patrons stated above fairly compensates it for the service it is to provide pursuant to this Agreement. Public Legal Library 2006 ILA Page I VOL 77 PAGE. 309 Each of the parties to this agreement agrees to hold the other harmless for any and all claims of whatsoever nature or kind that may arise as a result of that parry's fulfillment of this agreement. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, CITY agrees to discontinue use of or granting access to the LexisNexis account. This agreement may be modified or amended in writing by the mutual consent of the parties with said modification being attached to and incorporated into this agreement by this reference for all purposes. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. WITNESS OUR HANDS THIS 2-"(- day of February, 2006. BRAZOS By: Randy Ss, County Judge Attest: en McQueen, o Clerk THE CITY OF BRYAN, TEXAS By: Name: Title: Public Legal Library 2006 ILA Page 2 VOL-7 PAGE 3/0 COLLABORATIVE AGREEMENT BETWEEN TEXAS A&M UNIVERSITY TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER THE CITY OF COLLEGE STATION THE CITY OF BRYAN BRAZOS COUNTY BLINN COLLEGE BRYAN INDEPENDENT SCHOOL DISTRICT COLLEGE STATION INDEPENDENT SCHOOL DISTRICT BRAZOS VALLEY COUNCIL OF GOVERNMENTS THE RESEARCH VALLEY PARTNERSHIP ST. JOSEPH REGIONAL HEALTH CENTER for Brazos Valley Community Network Project This Agreement is entered into by and among Texas A&M University (hereinafter referred to as TAMU), Texas A&M University System Health Science Center (herein after referred to as "Health Science Center"), the City of College Station (hereinafter referred to as "College Station"), a Texas Home Rule Municipal Corporation, the City of Bryan, Texas (hereinafter referred to as "Bryan"), Brazos County, Texas (hereinafter referred to as the "County"), Blinn College (hereinafter referred to as "Blinn"), Bryan Independent School District (hereinafter referred to as "BISD"), College Station Independent School District (hereinafter referred to as "CSISD"), Brazos Valley Council of Governments (hereinafter referred to as "BVCOG"), The Research Valley Partnership (hereinafter referred to as "TRVP"), and St. Joseph Regional Health Center (hereinafter referred to as "St. Joseph"). WHEREAS, the parties entered into a collaborative agreement in 2000 to establish the Brazos Valley Community Network Project (BVCNet) using a Telecommunications Infrastructure Fund grant for two years with a subsequent three-year sustainability period and that agreement expired in May 2005, See Attachment A, WHEREAS, the parties agreed to a budget of cash and in-kind donations as shown by the budget summary Attachment B and modified by memo Attachment C, WHEREAS, the parties wish to enter into a new Collaborative Agreement to continue joint operation of the BVCNet; WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement; WHEREAS, the parties are of the opinion that the BVCNet provides valuable services and is an asset to each party and the community as a whole; P 3)/ WHEREAS, the BVCNet is not engaging in providing telecommunications services as that term is defined in the Public Utilities Regulatory Act; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: 1. Governance. BVCNet is a project initiated by Texas A&M University through the Academy for Advanced Telecommunications and Learning Technologies. The BVCNet has a Governing Board that establishes direction and policies to provide guidance for the committees, officers and staff, to implement policies governing the operation and management, and to effectively manage the finances of BVCNet including soliciting funding to support its operation. The Governance Process and Managerial Processes for the Board "Bylaws" are attached hereto as Attachment D. BVCNet Goals. The parties will jointly operate the BVCNet, which will provide services and connectivity generally described as follows: • Be a forum for collaborative technology projects that address joint interests of organizations within the community. • Maintain high performance connectivity among the parties by linking and extending existing networks. • Provide network access to individuals in the community, particularly the underserved by providing access at local centers. • Maintain a web presence to organize local resources in a web portal. 2. Bylaws. The BVCNet shall be governed by by-laws as set forth in Attachment D. Each respective agency or nonprofit organization that is a party hereto approves the by- laws by entering into this Agreement. 3. Funding. Each party agrees to provide financial resources for the general operation, maintenance and planning of the BVCNet. The parties are responsible for payment as follows: TAMU Health Science Center College Station Bryan Brazos Blinn BISD CSISD BVCOG $13,000 3,000 $13,000 $13,000 4,000 3,000 3,000 3,000 3,000 2 aj RVP 3,000 St. Joseph 3,000 These payments are for the period from October 1. 2005 through September 30. 2006. Each parry will make a lump sum payment to TAMU for the BVCNet, based on an October 1St fiscal year. The funding request may be altered upon renewal of this Agreement from time to time based on the operational needs of the BVCNet. 4. Staff Support. Each party shall, as needed, provide staff in support of BVCNet activities so that a continuity of service may be coordinated with the' other parties in accordance with the Project Scope attached hereto as Attachment E. 5. Operations. The BVCNet will: a) monitor and support connectivity to and between the parties. b) monitor and provide technical support for all BVCNet operations. c) respond to all inquiries regarding the BVCNet and on a periodic basis review overall program management and operation for efficiency and effectiveness. d) perform all other duties and functions necessary to fulfill the requirements as outlined in this Agreement. e) prepare and distribute to all parties no less than once annually a report of BVCNet activities. f) Fund accounting, auditing, monitoring and such evaluation procedures as may be necessary to keep such records as each participating entity shall prescribe, shall be provided to assure fiscal control, proper management and efficient disbursement of funds received under this Agreement. 6. Effective Date and Term. This Agreement shall be effective when signed by five or more parties and will remain in full force and effect until September 30, 2006. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth herein shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Paragraphs 7or8. 7. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated by approval of each governing body of each party hereto. No modification to this V00? PAGE 316 Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. 8. Withdrawal from Participation. Termination of participation in this Agreement by a party or parties shall not affect the continued operation of this Agreement between and among the remaining parties and this Agreement shall continue in force and remain binding on the other parties. Any party may remove itself from this Agreement with or without cause, upon thirty (30) calendar days written notice to all other parties in accordance with Paragraph 14 herein. 9. Failure to Pay. Should a party to this Agreement fail to make its annual contribution for a period of 60 days after the commencement of this Agreement that party shall be deemed to have withdrawn from participation the same as if written notice had been provided. In the event of termination of participation, BVCNet shall refund to TAMU, which shall in turn refund to the participant, a pro rata amount of the lump sum received by BVCNet based upon the product of the number of days from termination to end date of the agreement divided by 365 days, multiplied by amount of lump sum payment. 10. Termination. Upon termination from participation, ownership of equipment purchased by the BVCNet Project that is located on premises of the withdrawing party shall revert to the BVCNet Project. 11. INDEMNIFICATION. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving Its governmental immunity, each governmental entity that is a party to this Agreement agrees to hold harmless each other, Its governing board, officer, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to this Agreement, or any of its officers, agent or employees as a result of its performance under this Agreement. Any nongovernmental party to this Agreement agrees to hold each other and all other governmental parties, their governing boards, officers, agents and employees for any liability, loss damages, claims or causes of action caused, or asserted to be caused, directly or Indirectly by any other party to this Agreement or any of its officers, agents or employees as a result of Its performance hereunder. 12. CONSENT TO SUIT. Nothing in this Agreement will be construed as a waiver or relinquishment by any governmental entity that is a party to this Agreement of Its right to claim such exemptions, privileges and immunities as may be provided by law. voL77 PAGE-314 13. Severability. In the event that any of the provisions or portions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions hereof shall not be affected thereby. 14. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein: Texas A&M University: Director, The Academy for Advanced Telecommunications and Learning Technologies 3139 TAMU 1700 Research Parkway; Suite 160 College Station, TX 77843-3139 Texas A&M University System Health Science Center: Chief Information Officer Texas A&M University System Health Science Center (MS 1361) John B. Connally Building 301 Tarrow College Station, TX 77840-7896 City of College Station: City Manager City of College Station P.O. Box 9960 College Station, Texas 77842 City of Bryan: City Manager City of Bryan P.O. Box 1000 Bryan, Texas 77805 Brazos County: County Judge Brazos County Courthouse P.O. Box 202 E. 27th Street Suite 102 Bryan, TX 77802 VOL 77 PAGE 3 IS Blinn College: President 902 College Avenue Brenham, TX 77833 Bryan Independent School District: Superintendent 101 N. Texas Ave Bryan, TX 77803 College Station Independent School District: Superintendent 1812 Welsh College Station, TX 77840 Brazos Valley Council of Governments: Executive Director P.O. Box 4128 Bryan, TX 77802-4128 The Research Valley Partnership: President/CEO 1500 Research Parkway Suite 270 College Station, Texas 77845 St. Joseph Regional Health Center: Vice President Information Services 2801 Franciscan Drive Bryan, TX 77802 6 VOQ7 PAGE_3I(o 15. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understanding, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any parry before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 16. Amendment. This Agreement shall be automatically amended by the amendments made to law by an act of the State Legislature. In all other respects, this Agreement may only be amended by the written consent of all the parties hereto. 17. Governing Law. This Agreement shall be executed in and shall be governed by the laws of the State of Texas. 18. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each parry has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective governments, special districts or non-profit organizations. 19. Waiver. Failure of any parry, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of any parry thereafter to enforce each and every provision hereof. No term of the Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 20. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 21. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any parry without the prior written approval of all other parties to this Agreement. 22. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 23. Conflict of Interest. BVCNet and all members who are a party to this Agreement 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 t10i.77 PAGE 31 themselves or others, particularly those with whom they have family business, or other ties. 24. Open Meetings and Records. BVCNet will comply with the Texas Government Code Sections 551 and 552. 25. No Joint Venture. By entering into this Agreement the parties hereto are not establishing any joint venture or partnership. s voi 77 PAu 31 c' Signature Page: By:, Blinn College Date: 9 voL-'77 PAGE 317 Signature Page: io ru PA Sao Date: Signature Page: By: Brazos Valley Council of Governments Date: 71 3Q Signature Page: By: Bryan Independent School District Date: iz -77 r 3a~ Signature Page: By:, City of Bryan Date: 13 -7 7 . 3a3 Signature Page: By: City of College Station Date: 14 -77 32q Signature Page: By: College Station Independent School District is -W _ 3 Signature Page: By: The Research Valley Partnership Date: vet '77 PAGES a 6 - 16 Signature Page: By: St. Joseph Regional Health Center Date: 17 3 a Signature Page: By: Texas A&M University Date: is ?7 ' Signature Page: By: TAMUS Health Science Center Date: 19 "77 3~9 ATTACHMENT'A' PAGE 1 Telecommunications Infrastructure Fund Board Board Membm 1000 Red River, Roan E209 Thomas R Povrcrs, Chair Austin, Tau 18701-2698 Gwen Stafror4 Vim-Chor (512) )44 700 -TIFB Rosa Jana Betmvides I-(888) ) 4dI20 John E. Collie Fix: ()12)) 34443 Blair Fitnimms Char Formby Kay Karr Man D. Nelson, P.E. Thomas U. Wilkim -Sam- Team. Exec. Dir. Grantee Acceptance Notice Intemet liomepage: hup-..1/w ii bstare.mms AGREEMENT: Whereas TEXAS ASIA UNIVERSITY REPRESENTING BRAZOS VALLEY COMMUNITY NETWORK, hereinafter referred to as Grantee, has therefore submitted a grant application to "Telecommunications Infrastructure Fund Board (TIFB), entitled CornmunRy Networking 7 -Collaborative, and fuller identified by grant number OE-2000-CN1C-3983; and Whereas, the TIFB has approved the grant application as evidenced by the Statement of Grant Award from the Director of Programs dated 10/04/4080 to 09/3012004 ; and Whereas, the Grantee desires to accept the grant award, the state of Texas Uniform Grant Management Standards, the Grantee's Application as amended by TIFB, the RFP Application Packet instructions, TIFB program regulations, handbooks, guidelines, manuals and special requirements, if any, as evidenced in the Statement of Grant Award; Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the state of Texas Uniform Grant Management Standards, the RFP Application Packet instructions, TIFB program regulations, handbooks, guidelines, manuals, other conditions that may be promulgated by the TIFB, and any special requirements as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the officiars successor, as presiding officer of and on behalf of the governing body of the Grantee; and NON-LOBBYING CERTIFICATION: We the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used In any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that the grantee has violated this certification shall result in the immediate termination of funding of the project an the grantee shall not be eligible for future funding from the TIFB. Date: 2-2S-0 Certified by: L Signature of Financial Of 1 er XMni nc e ame A Title (must print or type) 1181 TAMU Official Agency Address o ] eg-,~crarion TX 77843-11A1 CityrZip Coderreiephone Number %JA Signature of Aulhoriz Well t••ssa n KrLmm VP for Finance Name 6 To (must print or type) r 1 1 A 1 TAMiI Official Agen Address College Station TX 77843-1181 CitylZip Coderrelephone Number 77 3,30 ArrACHMMT -W PAGE 2 Brazos Valley Community Network TIFApplication 13. BUDGET PLAN Maintenance of Financial Records The Texas A&M Department of Contract Administration, which provides financial oversight of sponsored grants and contracts for Texas A&M, will provide maintenance of the financial records for this project. Presently, the Department of Contract Administration administers over 550 separate grant accounts within Texas A&M's financial accounting system. Sponsored project expenditures at Texas A&M for FY99 were $56 million. The Department of Contract Administration has experience in administering the financial accounting and reporting for multiple TIF Board grants awarded to Texas A&M and to The Texas A&M University System Health Science Center. Cost-Effectiveness of Project The Project Partners and other community organizations in Brazos Valley have enthusiastically committed financial and in-kind support for the BVCNet project. The Project Partners have all committed enormous time and resources to enable their individual networks and bring their existing investment to the project. These networks have been established through outside grant funding from various local, state and federal sources, and through the commitment of funds from the organizations' individual budgets. The TIF Board has awarded 22 grants to Brazos County entities in the areas of public health care, public schools, libraries, higher education and discovery; therefore, existing and additional TIF funds will be highly leveraged by the BVCNet project. The highly experienced and educated executive, administrative, educational and technical staffs currently supported by the Project Partners and abundant volunteer and student resources available in Brazos County will enhance the cost effectiveness of the project. rage of - 7 531 ArrACEEURNT'A' PAGE S Brazos Valley Community Network TIFA plication To ensure its success and long-term sustainability, each of the Project Partners has committed significant resources in the form of cash matching funds, personnel time, and sharing of existing information and resources to provide a 0.88:1 match for this grant proposal. During the grant period (Years 1 - 2), the Project Partners are committing $300,000 in cash. The Project Partners also are committing $300,000 in cash for the sustainability period (Years 3 - 5). Additionally, each Project Partner will commit substantial in-kind contributions totaling over $1 million for the grant period and the initial three-year sustainability period. The project partners are extraordinarily committed to the success of the BVCNet. The City of Bryan, the City of College Station and Texas A&M have agreed to provide in-kind personnel and maintenance support from their telecommunications offices and will be responsible for the day-to-day operations of the network. This support will provide significant cost savings and strengthened long-term sustainability for this project. Blinn has agreed to provide training for volunteers and underserved and/or economically disadvantaged populations and will provide student interns to provide off-site training at the public access sites in the community. Collaboration, co-development and sharing of educational, library, health and community resources and information through a cohesive community network will reduce cost, eliminate redundancy and ultimately generate more interaction and information for the citizens of Brazos County than any of the Project Partners could accomplish individually. This network will streamline existing projects and enhance collaboration among the Project Partners saving valuable time and money for each of the Partners and their taxpayers. Page 86 -?7 330- ATTACHMENT 'B' BUDGET SUMMARY Applicant Name Brazos Valley COmmuNdy Network BUDGET SCHEDULE TIF Funds Local Funds' In-Kind' Total A. Personnel S $ 94,500 $ 83,363 $ 177,863 B. Contractual Services 34Q800 100,000 45,200 486,000 C. Travel D. Supplies and Materials 13,500 13,500 E. Equipment 159,200 105,500 264,700 TOTAL DIRECT EXPENSES $ 500,000 $ 3oQO00 S 142063 $ 942063 Program Income d known) 'Please Id ti S S o en fy urce. source Amount Texas A&M University - Local Funds $ 50,000 Account 02-13353 TexasA&M University - in-kind 64,215,66 Blinn College - Local Funds 6,000 Blinn. Colle e - In kind 20,790 Brazos Valle COG -Local Funds 6,000 BCS EDC - Local Funds 6,000 Bryan ISD - Local Funds 6,000 C. of Bryan - Local Funds 150,000 C' of an - In-kind 28,540.67 C' of College Station - Local Funds 50,000 C' of College Station - In-kind 28,516.67 College Station ISD - Local Funds 6,000 St. Joseph Regional Health Ctr. -Local 6,000 Funds The Texas A&M HSC - Local Funds 6000 Account 03-121901 Brazos county - Local Funds 8,00011 NO TE. 11F BOARD Funds should contain Direct Costs only. No indirect costs can be included. I ap rove the budget for this project and agree to abide by all financial) guidelines. Signature of Financial icer i nature of Authorized Official William B. Krumm. VP for Finance and Controller Typed or Printed Name and Title sf8/A._ Date Greaory L. Foxworth Director OSP Typed or Printed Name and Title S 4 ~ 2~oO Date , -7- 3 33 Page 87 Dec-1g=02 081¢8Ak CO..t$Qa Statian ISD 40964-5426 (V,.. 3Y1 College Station independent School District gueeas.....aeh lr/t-..aotA day.... "Ch hour ATTACHMENT 'C" MEMORANDUM TO; Kristine J. Brisco Contract Financial Administrator TAMU Contract Admintstranon FROM: BvCCN Board ChMrp~s°n Q DATE: December 17, 2002 SUBJECT: City of Bryan Contribution to Brazos Valley Community Network The Brazos Valley Community Network (BVCNet) Board of Directors met on October 29, 2002 and agreed to accept City of Bryan's request to change their contribution to BVCNet from a $1o0,0o0 cash for fiber contribution to a $100,000 in-kind contribution of fiber. The change was voted on and approved for immediate acceptance. lets Welsh Sheet Callas. Stab,,. T% 77940 279.764.5455 FAX 979.764.11535 P.OZ STEVE JOHNSON. Ed. D. Superinundenl -t S-h-11 V 334 Attachment D: Governance Process and Managerial Processes for the Board "BYLAWS" Brazos Valley Community Network (BVCNet) ARTICLE I. Name The name of the organization shall be the Brazos Valley Community Network (hereinafter referred to as the BVCNet). ARTICLE II. Purpose A. To provide high-performance connectivity among institutions within the community by linking and extending existing networks. B. To broaden Internet network access to individuals in the community, particularly the underserved by providing access at local centers. C. To organize local resources in a web portal. ARTICLE III. Membership A. Charter members (Project Partners) Blinn College Brazos County Brazos Valley Council of Governments Bryan Independent School District City of Bryan City of College Station College Station Independent School District The Research Valley Partnership St. Joseph Regional Health System Texas A&M University Texas A&M University System Health Science Center B. Members are defined as a political subdivision of the state, non-profit organizations, and state supported educational institutions. C. Members are required to contribute an annual fee as adopted by the Board of Directors. New members will pay no less than existing members. 20 77 BVCNET Collaborative Agreement ARTICLE IV. Board of Directors The Board of Directors (Board) will provide guidance to the committees, officers, and staff in developing policies governing the operation and management of the BVCNet, and will provide direction concerning its finances, including soliciting the funds to support its operation. A. The Board will consist of one Director to be appointed by each of the member organizations. Directors will generally be persons who hold administrative, leadership, or management positions within his/her organization. Directors will serve four-year terms and may be renewed one time. Appointment to the Board shall be by letter to the Project Director with the knowledge and consent of the appointing organization. B. Resignation from the Board will be by letter to the Project Director. The Project Director will coordinate with the respective. member for replacement representation. C. Attendance at the quarterly meetings is mandatory. Directors may appoint an alternate to attend meetings of the Board or committee meetings in their absence to act on behalf of their organization. D. A quorum of the Board shall be defined as more than one-half (1/2) of all voting Directors. E. Directors may cast one vote each on each business item. Directors must abstain from any vote where there is a conflict of interest as defined in Article X and including, but not limited, to the following: 1) is employed by the applicant agency and works for the unit or division that would administer the grant, if awarded. 2) serves on any board that oversees the unit or division that would administer the grant, if awarded. 3) owns or controls any interest in a business entity or other non-governmental organization that benefits, directly or indirectly, from activities with the applicant. 4) receives any funds from the applicant as a result of the grant. 5) uses or receives a substantial amount of tangible goods, services, or funds from the applicant. F. Professional staff members of the BVCNet assigned to the Board shall be non-voting, ex-officio members of the Board. G. The Board, members of the Board and members of all BVCNet committees shall be subject to any and all rules, regulations, acts or mandates placed on the local, state, or federal governments or funding agencies. ARTICLE V. Officers The Board will elect a Chair, Vice Chair, and Secretary from its membership. Officers will serve a two-year term and will be re-elected by the Board without limitation. Elections will be held on a staggered basis with the Chair elected on even numbered years and the Vice-chair and Secretary on odd numbered years. Election of officers will be held at the first Board meeting occurring after August 1". A. The Chair will preside over Board meetings, select committee members, and facilitate communication among the Board members. 21 BVCNET Collaborative Agreement The Vice Chair assists the Chair as needed, and assumes all duties of the Chair in his/her absence. In the absence of both the Chair and the Vice Chair, Board members shall elect a temporary presiding officer to serve during the meeting. C. The Secretary will give notice to the Board and the public of all meetings and keep records from these meetings. ARTICLE VI. Professional Staff Professional Staff members will include a Project Coordinator and Financial Officer/Fiscal Agent. Professional staff members of the BVCNet assigned to the Board of Directors will be non-voting, ex-officio members. Responsibilities, respectively, include: A. The Project Coordinator will be an employee of Texas A&M University and will implement policies governing operations and management, effectively manage the finances of the BVCNet, and serve on the Board. This individual will supervise, direct, and control BVCNet activities and affairs in order to achieve goals established by the Board, implement any policies adopted by the Board, and will carry into effect all orders and resolutions of the Board. The Project Coordinator may act, speak for, or otherwise represent BVCNet. B. The Project Coordinator also serves as the Financial Officer/Fiscal Agent and will manage all record- keeping of accounts, issue annual billing and provide financial reports at each quarterly meeting. ARTICLE VII. Committees A. Standing Committees There will be three BVCNet community advisory committees established to represent BVCNet sponsors, end users, and the community at large. Membership on these committees will be open to all interested citizens within each group and will not be less than three or more than twenty, and will include at least one Director. The community advisory committees will be required to meet at least one time per year. 1) The Public Relations Committee will be responsible for advising the Board on issues or concerns of the community outreach efforts including the web portal. 2) The Access Sites Committee will be responsible for reporting and advising the Board on all issues related to the existing access point locations and making recommendations on new access point locations. 3) The Technical Committee will be responsible for advising and making recommendations to the Board on the technical needs of the BVCNet. B. Special Committees The Board may create committees for special purposes. The Chair shall appoint, with approval of the Board, members and chair of such committees. A committee may be dissolved by a vote of the Board upon completion of the assigned. ARTICLE VIII. Meetings A. Meetings will be held at least quarterly. 22 77 337 BVCNET Collaborative Agreement B. Written notice of time, place, agenda, and all documentation that will require Board approval will be sent by the Secretary to each Board member, no later than five days prior to the meeting date. Board meetings will be held in compliance with provisions of the Texas Open Meeting Act. C. Unplanned meetings to address matters of an urgent nature may be called by the Chair or any two Board members provided each member is notified by telephone, confirmed by email or by other personal contact. Adequate notice to the public must be made prior to special meetings. D. All meetings will be open to the public, except for executive sessions, which may be held for reasons outlined in House Bill 9 of the 78" Regular Session. No action taken in executive session will become effective unless the Board reconvenes in an open meeting and takes a vote on the motion. E. Meetings will be held within the region served by the Brazos Valley Community Network. F. Robert's Rules of Order shall govern on all matters of parliamentary procedure. ARTICLE IX. Approval of and Amendments to the Bylaws These Bylaws shall be approved and become effective by a simple majority the Board of Directors. The Board shall vote on recommendations for amendments to these Bylaws. ARTICLE X. Conflict of Interest Members of the Board and all B VCNet committees shall not use their position on the Board or B VCNet committees 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. 23 -77 33,? BVCNET Collaborative Agreement Attachment E: "PROJECT SCOPE" The Brazos Valley Community Network (BVCNet) will seek to broaden access for those partners who provide information resources and those who make use of those resources. The BVCNet will enable those organizations to fulfill their mission more broadly and more effectively. The BVCNet will also empower users by providing them with the information and tools to participate as members of the greater Brazos Valley community. The BVCNet will provide a forum for sharing, interaction, collaboration, and broader community participation. It will allow services to be more equitably distributed, establish newly created services, better inform citizens of valuable resources outside of the community, and better inform citizens outside the community of resources that may influence a decision to move to the area. The BVCNet comprises the partners and people who use the network (the users), the tasks they perform (the applications), the services provided to users (support), and the components that allow the applications to run (infrastructure). The task of the BVCNet is to provide the pieces to nurture, sustain, and develop integrated community involvement in providing and receiving services. The Brazos Valley Community Network builds on the past experiences of community networks, preserves their benefits, and extends their power through the cooperation among the projects partners. BVCNet intranet will develop into a regional network that connects the seven-county region to share resources and facilitate interaction among the currently unconnected communities. TASKS 1. Maintain a high-performance backbone to connect all of the existing partner networks. Identify all of the additional components needed to maintain and expand the high-performance network. 2. Strive toward connecting all existing and select potential partner networks. Be available to make presentations on the BVCNet. Through a request for proposal process, purchase/secure all of the necessary components needed to maintain and expand the high-performance BVCNet. Install all of these components, connect, test, and accept the functional operation of the BVCNet. 3. Maintain multiple network attachment methods. Identify the multiple network methodologies to be used to access the BVCNet from the remote-public access sites. Purchase, secure, install, and test these multiple network methodologies. Maintain and support the computers at each public- access site. BVCNet will ensure the public has access to the sites. 4. Maintain and expand community-wide quality-of-service (QoS) criteria. Determine user requirements and monitor QoS reports to maintain acceptable standards for voice, video, and data transmission. 5. Maintain user access to the network and connected resources. 6. Maintain a web presence. 7. Enable videoconferencing via this intranet network. The bandwidth capability for videoconferencing will be available, with each entity providing its own equipment for videoconferencing. 8. At a minimum, hold quarterly partner meetings to coordinate efforts. 9. Continue an awareness of BVCNet and its available services. Identify a viable publicity schedule for the BVCNet utilizing all available media resources and outlets. 10. Partners will actively market the BVCNet within their constituencies using established publicity venues. 24 1-7 33) BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridae NUMBER 56001000 DATE OF COURT MEETING: February 21, 2006 Oll-oC, ITEM: Request for permission to enter Kelly Burt's property located off Timbenaild Drive for the purpose of stockpiling Grade 4 rock for use on Brazos County roads. Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: SUBMITT D BY: Richard F. Vance, P.E. County Engineer 0006-015 This Request is Date: 2/,2f/ Randy APPROVED BY: ~Iv t-C L~~A~ Commissioner Xeaay-Ma4aui_ Precinct 1 2 V-'(or) Denied by Commissioners' Court , County Judge 7 3 ~ 1, w1 .CpS .UF, w. J y o. 0 J'4 Ty OI' NBRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sins Brazos County Judge Lloyd Wassennann Comnissloner Pcl 1 E. Duane Peters Conissioner Pd 2 Kenny Mallard Commissioner Pet 3 Carey Cauley ComNssloner Pct 4 DATE: FCR 4-7-00(o LAND OWNER AND ADDRESS: Kelly turf 5363 Old fifajwNea-A II. LOCATION OF WORK: F5Wd of Rohd - Tm)see L01 Id Dj III. DESCRIPTION OF WORK TO BE DONE: Pik Ci,-* 7 9W.?, Fa1 EIP40 tjeeclo~ Kd woqt-,31z71 IV. MAINTENANCE YES _ NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: (Owner will be notified prior to maintenance.) 1 g~ ~ D?i Richard F. Vance, P.E. Engineer ' e/Foreman/R ght of Way Agent County Engineer Owner's Signature: Date: -2 - AO -e-1 77 341 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: February 21, 2006 ITEM: Request from Verizon Communications to construct 1.920 feet of buried cable installations in the south right of way of Grassbur Road at a minimum depth of 30 inches. Site is located in Precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicants 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: S ance, P.E. County Engineer 0006-016 APPROVED BY: Commissioner E. Duane Pe ers Precinct 2 This Request is Approved / Denied ❑ by Commissioners' Court Date: 1-1 11~ Randy i"11 County Judge veri n Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 February 7, 2006 Gary Arnold Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. Arnold: Subject: AGRMNTS 24 BURIED CABLE Enclosed are Form ED-135 and a work location sketch showing the location of our proposed buried cable line on county roads in Brazos County at Kurten, Texas. This work is to be completed on Work Order 5435-3POAOAG which is scheduled for March 2006. If you have any questions concerning this work, please contact Gary Recek at our office in Bryan, telephone 979-821-4783 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, Jim Survant Supervisor - Network Engineer JS:ec Attachment J it ~4 c k ill $7/0 -77 33 VERIZON COMMUNICATION Notice of Line Installation February 7, 2006 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Verizon Communications will replace 1920' of existing 25 pair cable with a new 100 pair cable within and along the south R.O.W. of Grassbur Road from the 911 address of 8424 to the 911 address of 8744 as shown on work prints enclosed. Cable will placed at a minimum depth of 30°. The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The fine 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 March 2006. VERIZON COMMUNICATIONS 5435-3POAOAG Ji Survant Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 W 3q` 91t~ ,u A► s l Haves V pfu w O N a ~ N~pN W w d a u E J CL n. J O U Z 0 p a N CL a a B U W CD O J N w CO 0 CL U Z w F- r Z X W W a zXEn r a034 n d d" ~O6N d n n Q arv ~ .I 4 N`116]8011.10 1761 10650/P22J 10'W/ d rv nni;~ d NN. Aq.::9 ~Ng4 n nZ~ILL~'u~Inu m = go ° d ta' ~ O W a ~ Z W l O m N > g 66 gg ~i Ri3g ...8 ii W a bb d a : n J m i n N = 4 O P F Q I~(1 N 4m S 1 at /AY p p N_. 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