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HomeMy WebLinkAbout2007-03-20-6:00PM-REGULARBRAZOSCOUNTY BRYAN, TEXAS L6`4rp- a NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 20 MARCH 2007 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. Invocation and Pledge of Allegiance — Commissioner Mallard. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 21: 3. Budget Amendment 06/07 -201 thru 06/07 -20.3. 4. Reclassification of the following position for the Road & Bridge Department: from Group 17, Step 5, Mechanic to Group 23, Step 3, Lead Mechanic and approval of the job description for Lead Mechanic. 5. Personnel Change of Status. 6. Payment of Claims. 7. Posting of speed limits from the intersection of FM 974 and North Country Drive to Vaquero, and from Vaquero to Blazing Trail in the North Country Subdivision in Precinct 2. The recommended speed limit is 35 miles per hour. 8. Appointment of Commissioner Peters to the TIF #22 Board of Directors. Office of the County Judge • 300 East 26" St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361 -4503 VOL60 PAGE I Commissioners Court Agenda 20 March 2007 Page 2 9. Appointment of the following individuals to the Homeland Security Advisory Committee: a. R. B. Alleq Fire Chief, City of College Station b. Michael Clancy, Police Chief, City of College Station c. Brian Hilton, Emergency Management Coordinator, City of College Station d. Bart Humphreys, Public Information Officer, City of College Station e. Betsy Godwin, Executive Director, Brazos County 911 f Jim Barker, Deputy Fire Chief, South Brazos County Fire Department g. Leslie Lutz, Emergency Planner, Texas A &M University h. Kenny Mallard, Commissioner — Precinct 3, Brazos County i. Jim Mann, Chief Deputy, Brazos County j. Chuck Frazier, Emergency Management Coordinator, Brazos County. 10. Request from Emergency Management for reimbursement of lodging expenses at the total amount rather than the state rate; hotel is other than the conference location. 11. Governor's Division of Emergency Management 2006 Grant Adjustment Notice for the Homeland Security Grant Program (award #06 -GA 48041 -01). 12. Governor's Division of Emergency Management 2004 Closeout Grant Adjustment Notice for the Homeland Security Grant Program (award #2004 HSGP- 48041). 13. Plan Change FY 07 -01 for the County's contract with the Texas Department of Family and Protective Services to incorporate the Title IV -E Legal Services Cost Allocation Plan and budget for FY 07. 14. Contract for residential services with Renewed Strength, Inc. for alleged or adjudicated juvenile offenders. Contract term is 5 March 2007 through 31 August 2007. 15. Tax Refund Applications for the following: a. Asure Carpet Dyeing & Cleaning e. Patterson Architects, Inc. b. Mark W. Benbow f. Titan Mac Valley Park 1 LP c. Bry-Mac Collections g. Jacqueline Michelle Vizquerra d. Emmitt J. & Charlene Cockrell 16. Permission to advertise Bid 2007 -034, Cleaning and Sealing Joints and Cracks in County Roads. 17. Acceptance of a Special Warranty Deed from Robert Beal Wilcox for improvements to Alexander Road located in Precinct 2. 18. Final Plat of Hidden Springs Subdivision Phase 1, 76.214 acres, lots 1 thru 20 Block One, lots 1 thru 7 Block Two, and lots 1 thru 3 Block Four; Samuel Davidson League, A -13; Brazos County, Texas. Site is located in Precinct 1. YOIa� PAGE Commissioners Court Agenda 20 March 2007 Page 3 19. Permission to enter the following citizens' property located off I &GN for the purpose of lengthening the existing front slope of the ditch to stabilize the existing edge of the roadway for the health, safety and welfare of the general public: a. Dale Holecek b. Douglas Sawyer Rip Rap will be added to the area around the roadway culvert to repair washout and control erosion. Both sites are in Precinct 1. 20. Amended payment authorization from Emergency Management in the amount of $2,595.23 to Verizon for the telephone number database used in the Emergency Notification System; this replaces the payment authorization approved in the 2/13/07 Commissioners Court meeting. 21. Travel reimbursement for the 85d' District Court. Travel was out of state, and was not submitted to the Commissioners Court for approval in advance. 22. Announcement of interest items and possible future agenda topics. 23. Citizens input on the Brazos Valley HOME Consortium 5 -year consolidated plan. 24. Call for citizen input and/or concerns. 25. Agency / Board / Committee reports by Court members. 26. 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. V�L PACE COMMISSIONERS' COURT REGULAR MEETING MARCH 20, 2007 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos Center 3232 Briarcrest Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, March 20, 2007 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, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #06/07 -20.1 through 20.3, which would reallocate funds for the Law Library and Road and Bridge Department; and transfer funds from Contingency to Agriculture Extension Service. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. Vol q 3 Page 4 Commissioners Court meeting March 20, 2007 2 The next matter before the Court was the following reclassification of a job position in the Road and Bridge Department: From: Group 17, Step 5, Mechanic To: Group 23, Step 3, Lead Mechanic On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the reclassification. 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 change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7029237 through 7029461 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the posting of speed limits from the intersection of FM 974 and North Country Drive to Vaquero, and from Vaquero to Blazing Trail in the North Country Subdivision in Precinct 2. The Vol 93 Page -J!5 Commissioners Court meeting March 20, 2007 3 recommended speed limit is 35 miles per hour. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to set a speed limit of 35 miles per hour on the above referenced roads in North Country Estates Subdivision. The Court next considered the appointment of a representative of the Court to serve on the TIF #22 Board of Directors. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to appoint Commissioner Peters to serve on the Board. The next matter before the Court was the appointment of representatives from the City of College Station to serve on the Homeland Security Advisory Committee. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to appoint the following individuals: a. R. B. Alley, Fire Chief b. Michael Clancy, Police Chief c. Brian Hilton, Emergency Management Coordinator d. Bart Humphreys, Public Information Officer e. Betsy Godwin, Executive Director 9 -1 -1 f. Jim Barker, Deputy Fire Chief South Brazos County g. Leslie Lutz, Emergency Planner TAMU h. Kenny Mallard, Brazos County Commissioner i. Jim Mann, Chief Deputy k. Chuck Frazier, Emergency Management Coordinator On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to appoint the above referenced individuals to serve on the Homeland Security Vol CU Page 6 Commissioners Court meeting March 20, 2007 4 Advisory Committee. The Court next considered a request from Emergency Management for a full reimbursement of lodging expenses. Chuck Frazier, Emergency Management Coordinator and Michele Meade, Assistant Emergency Management Coordinator are scheduled to attend the National Hurricane conference in New Orleans, April 1, 2007 through April 7, 2007. The host hotel rate is $149.00 per night and reservations were made and charged to the credit card prior to Mr. Frazier finding other accommodations at a lesser rate. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the full reimbursement of lodging expenses. The next matter before the Court was consideration of the Governor's Division of Emergency Management 2006 Grant Adjustment Notice for the Homeland Security Grant Program. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Grant Adjustment Notice for the Homeland Security Grant Program. A copy is attached. The next matter before the Court was consideration of the Governor's Division of Emergency Management 2004 Closeout Grant Adjustment Notice for the Homeland Security Grant Program. On motion by Commissioner Cauley, seconded by Commissioner Peters, Vol � Page % Commissioners Court meeting March 20, 2007 5 the Court voted unanimously to approve the Closeout Grant Adjustment Notice for the Homeland Security Grant Program. A copy is attached. The Court next considered Plan Change FY 07 -01 for the County's contract with the Texas Department of Family and Protective Services to incorporate the Title IV -E Legal Services Cost Allocation Plan and budget for FY 07. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Plan Change. A copy is attached. The next matter before the Court was consideration of a contract for residential services with Renewed Strength, Inc. for alleged or adjudicated juvenile offenders. There are three (3) levels of services and there are as follows: Basic - $37.00 per day per child Moderate - $82.22 per day per child Specialized - $118.20 per day per child On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the contract for residential services with Renewed Strength, Inc. A copy is attached. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: Vol q3 Page 3 Commissioners Court meeting March 20, 2007 0 a. Asure Carpet Dyeing and Cleaning, Over Payment $63.84 b. Mark W. Benbow, Over Payment $6.44 c. Bry -Mac Collections, Over Payment $86.23 d. Emmitt J. & Charlene Cockrell, Over Payment $309.03 e. Patterson Architects, Over Payment $5.00 f. Titan Mac Valley Park 1 LP, Over Payment $20.00 g. Jacqueline Michelle Vizquerra, Over Payment $272.66 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2007 -034, Cleaning and Sealing Joints and Cracks in County Roads. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for cleaning and sealing joints and cracks. The Court next considered acceptance of a Special Warranty Deed for right -of -way on Alexander 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 Robert Beal Wilcox for the expansion and improvements to Alexander Road. The Court next considered approval of the Final Plat of Hidden Springs Subdivision Phase 1, 76.214 Acres, Lots 1 through 20, Block One, Lots 1 through 7, Block Two and Lots 1 Vol Page Commissioners Court meeting March 20, 2007 through 3 Block Four in Precinct 1 7 Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the final plat of Hidden Springs Subdivision Phase 1, 76.214 Acres, Lots 1 through 20, Block One, Lots 1 through 7, Block Two and Lots 1 through 3, Block Four as submitted. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of the following individuals: a. Dale Holecek on I &GN for the purpose of lengthening the existing front slope of the ditch to stabilize existing edge of the roadway. b. Douglas Sawyer on I &GN for the purpose of lengthening the existing front slope of the ditch to stabilize existing edge of the roadway. Rip Rap will be added to the area around the roadway culvert to repair washout and control erosion. Both sites are in Precinct 1. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work at both sites. The next matter before the Court was consideration of an amended payment authorization from Emergency Management in the Vol q3 Page 10 Commissioners Court meeting March 20, 2007 g amount of $2,595.23 to Verizon for the telephone number database used in the Emergency Notification System. This replaces the payment authorization approved at the February 13, 2007 Commissioners Court meeting. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter for consideration by the Court was a request submitted by the 85th District Judge seeking reimbursement for out of state travel for himself. The out of state travel form was not submitted to the Commissioners Court for approval prior to his traveling to Washington D.C. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the 85TH District Judge and approved reimbursement of out of state travel expense for Judge Langley. There were no announcements of interest items and possible future agenda topics. Under Agency /Board /Committee reports by Court members, the following spoke: Under citizen input and /or concerns, the following spoke: Paul Turney, Representative of the Brazos Valley Affordable Housing Corporation Vol 93 Page I 1. Commissioners Court meeting March 20, 2007 a) Spoke on the Home Consortium Plan and how they are implementing strategy for affordable housing in the 7 county region. b) Alsie Bond, with the City of Bryan, spoke on the excellent job the C.O.G. does. The program is greatly needed in the rural areas. There was no citizen input and /or concerns. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) He attended the IGC meeting on Monday and they were updated on the FutureGen Project. b) He gave an up date on radio inter - operability. The funds will come through the state. He said that we may combine with Harris and Travis County to put ourselves ahead of others population wise. c) We are moving forward on the EOC building. The old Wimberly Building is coming along nicely. d) There will be a presentation on the National Agro -Bio Defense facility. We are competing for a facility here in Bryan /College Station that will create 800 high paying jobs. There being no further business to come before the Court, the meeting was adjourned. Vol C4 3 Page i d,- D The foregoing minutes of the Commissioners Court meeting held March 20, 2007 have been examined and are approved in open Court this the I5t day of 2091, in Bryan, Brazos County, Texas. AILtkr" -' tU� Randy Si s Lloy4 Wassermann County, udge Commissioner, Precinct 1 Duane Peters Kenny Mal a d Commissioner, Precinct 2 Commission , Precin t 3 rey a ley, Jr. Commissi ner, Pre t 4 Attest: GE25 ar n McQueen County Clerk Vol 93 Page 13 BRAZOSCOUNTY COMMISSIONER'S COURT DAY OF c�, , 20_�21 4 = cxD AM M, Name (PLEASE PRINT) 0IM40� tvdao,c1 Sc:-1• h, b e ��-t S L 4. Organization (PLEASE PRINT) VoL q 3 PAGE If- 0 IM40r� ' Stu �IIT- urh s-I yelt G Pg(of. Pg f� of BRAZOSCOUNTY COMMISSIONER'S COURT L'HL DAY OF Nhrc.L. Name (PLEASE PRINT) Organization (PLEASE PRINT) All � LJO to "rub /A Ap�� C G r cog VOL 613 PAGE 6 -F3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-20.1 thru 06/07 -20.3 On this the 20`' day of March 2007 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 20 March 2007 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 12 September 2006, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 20'" day of March 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL X13 PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 20.1 VOL 93 PACE 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 20.2 3/20/2007 FD I DIV I ACCT I PROJ IDR/CRI ACCOUNT NAME Increase Decrease 115001520001001 60600000 1 1 CR 10fficeSupplies 1 425.00 115001520001001 65540000 1 1 DR I Printer Maintenance 1 425.00 I I To reallocate budget for the annual printer maintenance cost. I I I VOL q3 PACE_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 20.3 3/20/2007 VOL q3 FAGE L q 1 11 .11 111 . 1111 _m ' :' • 111 11 1 11 •11 111 :1 1111 -m ' :i � � . • . 111 11 - VOL q3 FAGE L q PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 20, 2007 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To I.T. Patten, Joshua New Hire Juvenile Services Wilson, Charles Terminated 001 Approved in Commissioners' Court: County Judge's or Commissioner's S. (This Copy to be attached to minutes) Chadwick, Ken Promotion VOL q3 PAGE ;O PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 20, 2007 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To J.P. Pct. I Murphy, Erin New Hire Approved in Commissioners' Court: March 20 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) S`tr of r�{i. e: Date of Award March 14, 7007 1. Sub- Raciplem Name and Address Judge Randy Sims Brazos County 300 East 26th Street, Suite #114 Bryan, TX 77803 Total Award Amount 17,750.00 Governor's Division of Emergency Management 2006 Grant Adjustment Notice il` for LBrazos County Prepared by: Latham, Award Number. Federal Great Title: lHanieland security Gram Program LFederal Gram Award Number: 12006 -GE-T6 -0068 Date Federal Gram Awarded to GDEM: Granting Agency: Award Amourn and Gram Breakdowns Note: Additional Budget Sheets (Attachment A): No e of Grants and Training Department of Homeland security This award supersedes all pmWous awards. Performance Period: Jul 1, 2006 to Feb 28, 2008 6. Statutory Authority for Grant: This project is supported under Public Law 109 -90, the Department of Homeland Security Appropriations Act of 2006. 7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow In the submission of invoices. S. Debarment /Suspension Certification: The Sub - Recipient certifies that the jurisdiction and its' contractors/vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http: / /www.epls.gov. 9. Agency Approval Approving GDEM official: I signature of GDEM Official: Jack Colley, Chief Division of Emergency Management Office of the Governor - / r // / � 10. Sub- Redpiem Acceptance I have read and understand the attached Terns and conditions. Type name and VUe of Authorized Sub - Recipient official: Randy Sims County Judge FA Z7 1.7 12. Date Signed: 13. DUE DATE: g2Pf!iT.'iiTw Signed award and aDi erect DD�A�� Form (N applicable) must be returned to GDEM on or before the above due date. CCP LETPP MMRS SNSP UASI Other 97.073 97.073 97.073 97.073 97.073 50.00 50.00 :0.00 SI],]50.00 60.00 $0.00 This award supersedes all pmWous awards. Performance Period: Jul 1, 2006 to Feb 28, 2008 6. Statutory Authority for Grant: This project is supported under Public Law 109 -90, the Department of Homeland Security Appropriations Act of 2006. 7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow In the submission of invoices. S. Debarment /Suspension Certification: The Sub - Recipient certifies that the jurisdiction and its' contractors/vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http: / /www.epls.gov. 9. Agency Approval Approving GDEM official: I signature of GDEM Official: Jack Colley, Chief Division of Emergency Management Office of the Governor - / r // / � 10. Sub- Redpiem Acceptance I have read and understand the attached Terns and conditions. Type name and VUe of Authorized Sub - Recipient official: Randy Sims County Judge FA Z7 1.7 12. Date Signed: 13. DUE DATE: g2Pf!iT.'iiTw Signed award and aDi erect DD�A�� Form (N applicable) must be returned to GDEM on or before the above due date. GOVERNOR'S DMSION OF EMERGENCY I FINAL Grant Adjustment Notice MANAGEMENT(GDEM) For HOMELAND SECURITY GRANT Brazos County PROGRAM (HSGP) AWARD NUMBER 2006 HSGP - 49041 TERMS AND CONDITIONS PURPOSE AND OVERVIEW Sub -grant funds provided shall be used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of manmade, natural disasters and acts of terrorism as described in the federal program guidelines, specifically: planning, equipment, training and exercise needs. All costs under these categories must be eligible under OMB Circular No. A -87 Attachment A, located at http://www.whitehouse.gov/omb/circtilars/index.htmi. 1) AWARD ACCEPTANCE The Notfce ofSufrraefpient Award is only an offer until the sub - recipient returns the signed copy of the Notification of Sub - recipient Award in accordance with the date provided in the transmittal letter. 2) GUIDANCE This Sub - recipient is subject to the program guidance contained In the U.S. Department of Homeland Security (DHS) FY 2006 Homeland Security Grant Program Guidelines and Application Kit. The Progra Guidance and Application Kit can be accessed at htto• / /www oio. usdoi.aov /odo loran& oroorad htrr GBT periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers. Office of Grants and Training (OGT)'s Information Bulletins can be accessed at http: // www. ojp. usdoj.gov /odp /docs/builetins.htm and are incorporated by reference into this sub -grant. This sub -award is also subject to any Homeland Security Grant Program (HSGP) gran! guidance Issued by GDEM. 3) COMPLIANCE A. Sub - recipient hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A -21, A -87, A -102, A -110, A -122, A -133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. parts 18, 22, 23, 30, 35, 38, 42, 61, and 63, 66 or 70 (administrative requirements for grants and cooperative agreements). B. Sub - redpient will comply with the organizational audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations, as further described In the current edition of the Office of Grant Operations (OGO)'s Financial Management Guide (]an 2006) C. When implementing Office of Grants and Training (OGT) funded activities, the sub - recipient must comply with all federal civil rights laws, to Include Title VI of the Civil Rights Act, as amended. The sub - recipient Is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting OGT funded activities. D. Sub- redplent agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Grant Operations (OGO) Financial Management Guide located at http: / /www.ojp.usdoj.gov /oc/• E. Sub - recipient will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Ad: of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). (Federal Assurance) F. Sub - recipient must comply (and must require contractors to comply) with any applicable statutorily- Imposed nondiscrimination requirements, which may Include the Omnibus Crime Control and Safe Streets Ad: of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Ad: of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 -34); the Education Amendments of 1972 (20 U.S.C. § §1681, 1683, 1685 -86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 -07); see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations). (Federal Assurance) G. If the sub - recipient is a governmental entity, It must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally- assisted programs; and (Federal Assurance) Q3 Page 2 OF 7 �r�L F�� a3 MANAGEMENT HOMELAND SECURITY GRANT PROGRAM(HSGP) COMPLIANCE (continued) FINAL Grant Adjustment Notice For TERMS AND CONDITIONS Brazos County H. The sub - recipient will cooperate with any Federal, State or Council of Governments assessments, national evaluation efforts, or Information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. I. Sub - recipient agrees to comply with any additional requirements set by their Council of Governments (COG) in the project notes area on the SPARS website for each project, i.e. mutual aid agreements and UASI working group approvals, If applicable. 1. Drug Free Workplace As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. The sub - recipient certifies that It will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. a Establishing an on -going drug -free awareness program to inform employees about the dangers of drug abuse In the workplace; the grantee's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be Imposed upon employees for drug abuse violations occurring in the workplace; 3. Making It a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 3(K)(1); 4. Notifying the employee In the statement required by paragraph (3)(K)(1) that, as a condition of employment under the grant, the employee will abide by the terms of the statement; and Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring In the workplace no later than five calendar days after such conviction; S. Notifying the Governor's Division of Emergency Management/State Administrative Agency (GDEM /SAA), in writing, within 10 calendar days after receiving notice under subparagraph 3(K)(4), from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position tile, to GDEM /SAA. Notice shall include the Identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 3(K)(4), with respect to any employee who is so convicted a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through Implementation of paragraphs 1), 2), 3), 4), 5), and 6). (Federal Certification) 4) FAILURE TO COMPLY GDEM /SAA may suspend or terminate sub -award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, falling to make satisfactory progress toward the goals or objectives set forth in the sub -award application, failing to follow grant agreement requirements or special conditions, falling to submit required reports, or filing a false certification or other report or document. Satisfactory Progress Is defined as accomplishing the following during the performance period of the grant: dedding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned task must be accomplished In a timely manner.Speclal Conditions may be imposed on sub- rodplent's use of grant funds until problems Identified during grant monitoring visits conducted by GDEM audit and compliance personnel are resolved. 5) CONFLICT OF INTEREST The sub - recipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of Interest, or personal gain. 3 z, r Page 3 of 7 GOVERNOR'S DIVISION OF EMERGENCY FINAL Grant Adjustment Notice MANAGEMENT(GDEM) For HOMELAND SECURITY GRANT Brazos County PROGRAM (HSGP) TERMS, CONDITIONS 6) LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering Into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the sub - recipient certifies that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the sub - recipient, 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 Congress, or an employee of a Member of Congress In connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," In accordance with Its Instructions. 7) DEBARMENT, SUSPENSION, R OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510. (Federal Certification) The sub - recipient certifies that it and Its principals and vendors: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; sub - recipients can access debarment information by going to www.eols.00v . B. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and E. Where the applicant is unable to certify to any of the statements In this certification, he or she shall attach an explanation to this application. (Federal Certification) 8) MONITORING A. Sub - recipient will provide GDEM, State Auditor, or DHS personnel or their authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. B. Sub- reciplent agrees to monitor their program to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. In addition, Councils of Governments will perform periodic monitoring of grant recipients to ensure compliance. C. GDEM /SAA may perform periodic reviews of sub - recipient performance of eligible activities and approved projects. These reviews may Include, without limitation: performance of on-site audit and compliance monitoring, including Inspection of all grant - related records and Items, comparing actual sub - recipient activities to those approved in the sub -award application and subsequent modifications If any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, verifying information provided in performance reports and reviewing payment requests, needs and threat assessments and strategies. 9) REPORTING A. A -133 Reporting Requirement - All sub - recipients must submit an audit report to the Federal Audit Clearinghouse if they expended more than $500,000 in federal funds in one fiscal year. The federal Audit Gearinghouse submission requirements can be found atrttp:/ /harvester. census gov /sac/ htto: / /ha"ester.census.ciov /sac /. A report must be submitted to GDEM /SAA each year this grant is active. Page 4 of 7 L q3 P.u" DIVISION OF EMI AGEMENT(GDEM) HOMELAND SECURITY GRANT PROGRAM(HSGP) 9) REPORTING (continued) FINAL Grant Adjustment Notice For TERMS AND CONDITIONS Brazos County B. Sub - recipient agrees to comply with all reporting requirements and shall provide such Information as required to GOEM /SAA for reporting as noted in the 2006 Federal Grant Guidelines and /or in accordance with GDEM /SAA guidance. C. Sub - recipient must prepare and submit performance reports to GDEM /SAA for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. Sub - recipient may also be required to submit additional information and data requested by GDEM/SAA. 10) USE OF FUNDS 11) A. Sub - recipient understands and agrees that It cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OGr. B. The sub- recipient agrees that all allocations and use of funds under this grant will be in accordance with the Homeland Security Grant Program Guidelines and Application Kit for that fiscal year and must support the goals and objectives included in the State Homeland Security Strategic Plan and the Urban Area Homeland Security (UASI) Strategies. C. The sub - recipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub - recipient may be required to supply documentation certifying that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. A. Sub- mciplent agrees to make no request for reimbursement prior to return of this agreement and signed by the authorized sub - recipient representative. B. Sub- recipient agrees to make no request for reimbursement for goods or services procured by sub - recipient prior to the performance period start date of this agreement. 12) ADVANCE FUNDING A. If a financial hardship exists, a sub- recipient may request an advance of grant funds for expenditures Incurred under this program. Requests must be made in writing by the chief elected official and submitted to GDEM /SAA. This will be accomplished using the SPARS website by following the instructions for generating hardship letters. GDEM /SAA will determine whether an advance will be made. B. If a sub - recipient is approved for an advance, the funds must be deposited in a separate Interest bearing account and are subject to the rules outlined In the Uniform Rule 28 CFR Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at http: / /www. access. gpo. gov/ nara /cfr /waisldy_04 /28crrv2_04.htmi and the Uniform Rule 28 CFR Part 70, Uniform Administrative Requirements for Grants and Agreements (Including sub - awards) with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations, at http: / /www.access. gpo. gov / nara/ cfr /waisid)_03 /28cfr7O_O3.htmi. Sub - redpients must report any interest earned to GDEM /SAA. Any interest earned in excess of $100 must, on a quarterly basis, be remitted to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville, MD 20852 13) TRAINING /EXERCISE Sub - recipient agrees Mat, during the performance period of this grant, any and all changes to their sub- recipient agreement regarding planning, training, equipment, and exercises must be routed through the appropriate reviewing authority, either the local Council of Governments or Urban Area Security Initiative (UASI) Working Group. 14) EQUIPMENT REQUIREMENTS A. Sub - recipients must maintain an updated Inventory of equipment purchased through this grant program In accordance with Uniform Grant Management Standards - III, State Uniform Administrative Requirements For Grants and Cooperative Agreements, Subpa rt C - Post -Award Requirements, Reports, Records, Retention, and Enforcement, .32 Equipment and the Office of Grant Operations Financial Management Guide . Page 5 OF 7 MANAGEMENT(GDEM) HOMELAND SECURITY GRANT PROGRAM (HSGP) FINAL Grant Adjustment Notice For TERMS AND CONDITIONS 14) EQUIPMENT REQUIREMENTS (continued) Brazos County B. The sub-recipient agrees that any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security.' Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 15) UASI A. If the sub - recipient is a participant in a UASI program, during the performance period of this grant, sub - recipient agrees to adhere to the UASI strategy, goals, objectives, and implementation steps. B. Sub- recpient agrees that, during the performance period of this grant, all communications equipment purchases must be reviewed and approved by the Regional Interopereble Communications Committee and the UASI points of contact (voting members), if applicable. 16) REQUIREMENTS- A. During the performance period of this grant, sub - recipient must maintain an emergency management plan at the Basic Level of planning preparedness or higher, as prescribed by GDEM. This may be accomplished by a jurisdiction maintaining Its own emergency management plan or participating in an Inter - jurisdictional emergency management program that meets the required standards. If GDEM identifies deficiencies In the sub - recipient's plan, sub - recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from GDEM. B. Projects identified In the State Preparedness Assessment Report System (SPARS) (www.texasdpa.com) must identify and relate to the goals and objectives indicated by the applicable 15 approved project investments for the period of performance of the grant. C. During the performance period of this grant, sub - recipient agrees that It will participate in a legally- adopted county and /or regional mutual aid agreement. D. During the performance period, the sub - recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units equipped and /or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. E. Sub - recipients must implement the National Incident Management System (NIMS) at the local level. The requirement to train personnel on the IS -700 course, National Incident Management System (NIMS), An Introduction, has been extended into FY 06. Grant recipients must have formally recognized the NIMS and adopt the NIMS principles and policies. 17) CLOSING THE GRANT A. The sub - recipient must have all equipment ordered by December 30, 2007. The last day for submission of invoices is February 28, 2008. S. GDEM /SAA will close a sub -award after receiving sub - recipient's final performance report Indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the dose out review and reconciliation Indicates that the sub - recipient Is owed additional funds, GDEM /SAA will send the final payment automatically to the sub - recipient. If the sub - recipient did not use all the funds received, GDEM /SAA will Issue a Grant Adjustment Notice (GAN) to recover the unused funds. 1B) PUBLICATIONS A. Sub - recipient acknowledges that OGO /OGi reserves a royalty-free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright In any work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or sub - recipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regarding the allocation of any patent rights that arise from, or are purchased with, this funding. B. The sub - recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This Document was prepared under a grant from the Office of Grants and Training , United States Department of Homeland Security. Point of view or opinions expressed In the document are time of the authors and do not necessarily represent the official position or policies of U.S. Department of Homeland Security.' vage 6 OF 7 d a3HUr ;;C7 GOVERNOR'S DIVISION OF EMERGENCY I FINAL Grant Adjustment Notice I MANAGEMENT(GDEM) For HOMELAND SECURITY GRANT PROGRAM (HSGP) Brazos County TERMS AND CONDITIONS 19) RESTRICTIONS, DISCLAIMERS and NOTICES A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by GDEM /SAA prior to obligation or expenditure of such funds. B. In cases where local funding is established by COGS, release of funds by GDEM is contingent upon regional funding allocation approval by the sub - recipient's COG governing board. C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub - recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub - recipient Award. D. Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following business day. Jack Colley, Chief Division of Emergency Management Office of the Governor PO Box 4087 Austin, TX 78773 -0270 Page 7 OF 7 GOVERNOR'S DIVISION OF EMERGENCY 2004 SHSP Closeout Grant Adjustment Notice MANAGEMENT(GDEM) For HOMELAND SECURITY GRANT PROGRAM (HSGP) Brazos County 1. SUB- RECIPIENT NAME AND ADDRESS: 4. SUB -AWARD NUMBER: 2004 HSGP - 48041 Judge Randy Sims S. PERFORMANCE /BUDGET PERIOD FOR GRANTS: 300 East 26th Street, Suite *114 Bryan, TX 77803 December 1, 2003 to February 28, 2007 2. FEDERAL GRANT TITLE: 6. DATE OF FEDERAL AWARD TO GDEM: 2004 HOMELAND SECURITY GRANT PROGRAM May 26, 2006 3A. FEDERAL GRANT AWARD NUMBER: 7. AMOUNT OF SUBAWARD: Previous Award: $34,500.00 2004 -GE -T4 -4015 Expended: $34,500.00 (see breakdown below) De- Obligated Amount: $0.00 Grant Balance: $0.00 3B. FEDERAL GRANTING AGENCY: S. SUBAWARD DATE. 9. ACTION: OFFICE OF GRANTS AND TRAINING (GBT) DEPARTMENT OF March 12, 2007 GRANT ADJUSTMENT (2) HOMELAND SECURITY (DHS) This supersedes all previous awards. SO. SPECIAL CONDITIONS: This Sub award is subject to the ODP FY 2004 Homeland Security Grant Program Guidelines and Application Kit. The Guidelines and Kit can be accessed at http: / /www.ojp. usdoj .gov /odp /grants —programs.htm. The ODP periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers. ODP's Information Bulletins can be accessed at http: / /www.ojp.usdoj .gov /odp /docs /bulletins.htm and are incorporated by reference into this Sub award. This Sub award is also subject to the Federal Grant Award and to the grant guidance imposed upon GDEM by DHS. 11. STATUTORY AUTHORITY FOR GRANT This project is supported under Public Law 108 -90, the Department of Homeland Security Appropriations Act of 2004. 12. A -133 REPORTING REQUIREMENT: All sub - recipients must submit an audit report to the Federal Audit Clearinghouse If they expended more than $500,000 in federal funds in one fiscal year. The Federal Audit Clearinghouse submission requirements can be found at http: / /harvester.census.gov /sac/• A report must be submitted to GDEM - SAA each year this grant Is active. Sub - recipient shall comply with the audit requirements set forth in OMB Circular A -133. 13. METHOD OF PAYMENT: Primary method is reimbursement. See the enclosed Instructions for the process to follow In the submission of invoices. 14. DEBARMENT /SUSPENSION CERTIFICATION: By signing in block 19 below, the sub-recipient official certifies the jurisdiction and its' contractors/vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency at http: / /www.epls.gov. 15. NON- SUPPLANTING CERTIFICATION: By signing in block 19 below, the sub - recipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub - recipient may be required to supply documentation certifying that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. AGENCY APPROVAL SUB- RECIPIENT ACCEPTANCE 16. APPROVING GDEM OFFICIAL 17. TYPED NAME AND TITLE OF AUTHORIZED SUB - RECIPIENT Jack Colley, Chief OFFICIAL Division of Emergency Management Office Governor Randy Sims County Judge of the 18. SIGNATURE OF APPROVING GDEM OFFICIAL 19. SIG ATURE LITHO ZED 20. DATE SUB- PIENT ICIA C? r l� 21. AWARD BREAKDOWN (The amounts below represents expenditures for bo the ve grant.) CFDA Grant Previous Expended Deobligated Balance 97.073 1 2004 DEM SHSP I $34,500.00 1 $34,500.00 1 $0.00 $0.00 GOVERNOR'S DIVISION OF EMERGENCY 2004 SHSP Closeout Grant Adjustment Notice MANAGEMENT (GDEM) For HOMELAND SECURITY GRANT Brazos County PROGRAM(HSGP) AWARD NUMBER 2004 HSGP - 48041 SPECIAL CONDITIONS 1) Purpose : Sub -grant funds will be used to (a) provide assistance for homeland security and emergency operations planning; (b) purchase specialized equipment to enhance the capability of state and local agencies to prevent, respond to and mitigate incidents of terrorism involving the use of chemical, biological, radiological, nuclear, explosive (CBRNE) and cyber attacks; (c) provide assistance for costs related to design, development and conduct of a state CBRNE and cyber security training programs and attendance at ODP sponsored CBRNE training courses; (d) provide assistance for cost related to the design, development, conduct and evaluation of CBRNE and cyber security exercises; (e) provide assistance for costs associated with implementing state homeland security assessments and strategies. 2) Overview : Funds provided shall be used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, and preventing acts of terrorism as described in the Federal Program Guidelines, specifically: planning, equipment, training and exercise needs. All costs under these categories must be eligible under OMB Circular No. A -87 Attachment A, located at http: / /www. whit ehouse .gov /omb /circulars /index.htmi. 3) The Notice of Sub - recipient Award is only an offer until the sub - recipient returns the signed copy of the Notification of Sub - recipient Award in accordance with the date provided in the transmittal letter. 4) Sub- recipient agrees to comply with any additional requirements set by their council of governments, i.e. mutual aid agreements and UASI working group approvals. 5) Sub - recipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide located at http://www.ojp.usdoj.gov/oc/. 6) Sub - recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the DIP Financial Guide. 7) Sub - recipient agrees to make no request for reimbursement prior to return of this agreement and signed by the authorized sub - recipient representative. 8) Sub - recipient agrees to make no request for reimbursement for goods or services procured by sub - recipient prior to the performance period start date of this agreement. 9) Sub- recipient agrees to comply with the U.S. Department of Homeland Security Fiscal Year 2004 Urban Areas Security Initiative Grant Program Guidelines and Application Kit and the Notice of Award from ODP to GDEM. 10) Sub - recipient agrees to monitor the activities of program participants as necessary to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. 11) Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub - recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub - recipient Award. 12) Projects identified in the Domestic Preparedness Assessment website (www.texasdpa.com) must identify and relate to the goals and objectives Indicated by the applicable Texas Homeland Security Strategic Plan for the grant period of performance. 13) Sub - recipient agrees to comply with all reporting requirements and shall provide such information as required to GDEM for reporting as noted in the 2004 Federal Grant Guidelines. 14) Sub- recipient must prepare and submit quarterly performance reports to GDEM for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. Sub - recipient may also be required to submit additional information and data requested by GDEM. itU q3 30 15) Sub - recipient agrees that exercise and training funds will be retained by GDEM (State Administrative Agency) who will contract with National Emergency Response and Training Center (NERTC) to provide training and exercise services for local jurisdictions. 16) Sub - recipient agrees that, during the performance period of this grant, any and all changes to their sub - recipient agreement regarding planning, training, equipment, and exercises must be routed through the appropriate reviewing authority, either the local Council of Government or Urban Areas Security Initiative (UASI) Working Group. 17) During the performance period of this grant, sub - recipient must maintain an emergency management plan at the Basic Level of planning preparedness, as prescribed by GDEM. This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an interjurisdictional emergency management program that meets the required standards. If GDEM identifies deficiencies in the sub - recipient's plan, sub - recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from GDEM. 18) During the performance period of this grant, sub - recipient agrees that it will participate in a legally- adopted county and /or regional mutual aid agreement. 19) If the sub-recipient is a participant in a UASI program, during the performance period of this grant, sub - recipient agrees to adhere to the UASI strategy, goals, objectives, and implementation steps. 20) Sub- recipient agrees that, during the performance period of this grant, all communications equipment purchases must be reviewed and approved by the UASI points of contact (voting members) Interoperabllity Committee. 21) GDEM may perform periodic reviews of sub - recipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of on -site audit and compliance monitoring - including inspection of all grant - related records and items, comparing actual sub - recipient activities to those approved in the sub -award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, information provided on performance reports and payment requests, needs and threat assessments and strategies. 22) GDEM may suspend or terminate sub -award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub -award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, filing a false certification in the application or other report or document. 23) GDEM will close a sub -award after receiving sub - recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the sub - recipient Is owed additional funds, GDEM will send the final payment automatically to the sub - recipient. If the sub - recipient did not use all the funds received, GDEM will issue an invoice to recover the unused funds. 24) Sub- recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of ODP. 25) The sub - recipient agrees that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2004 Homeland Security Grant Program Guidelines and Application Kit and must support the goals and objectives included in the State Homeland Security Strategy and the Urban Area Homeland Security Strategies. 26) When implementing Office of State and Local Government Coordination and Preparedness (SLGCP) funded activities, the sub - recipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The sub - recipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting SLGCP funded activities. 27) The sub - recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: 'This Document was prepared under a grant from the SLGCP, United States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not necessarily represent the official position or policies of SLGCP or the U.S. Department of Homeland Security. YJLa3 PAU 31 28) The sub - recipient agrees that any equipment purchased with grant funding shall be prominently marked as follows: `Purchased with funds provided by the U.S. Department of Homeland Security.' Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 29) The sub - recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 30) Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by GDEM prior to obligation or expenditure of such funds. 31) Sub- recipient acknowledges that SLGCP reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub - award; and (2) any rights of copyright to which a recipient or sub - recipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 32) Sub - recipient shall provide the assurances required by ODP. Failure to comply may result in the withholding of funds, termination of the award or other sanctions. 33) Sub - recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams /response units equipped and /or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. 34) Sub - recipients must maintain an updated inventory of equipment purchased through this grant program. 35) If a financial hardship exists, a sub - recipient may request an advance of grant funds for expenditures incurred under this program. Requests must be made in writing by the chief elected official and submitted to GDEM. Letters must also indicate that a financial hardship exists for the sub - recipient's organization. GDEM will determine whether an advance will be made. 36) If a sub - recipient is approved for an advance, the funds must be deposited in a separate interest bearing account and are subject to the rules outlined in the Uniform Rule 28 CFR Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at http: / /www. access. gpo. gov / nara /cfr /waisidx_04 /28cfrv2_04.html and the Uniform Rule 28 CFR Part 70, Uniform Administrative Requirements for Grants and Agreements (including sub - awards) with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations, at http: / /www. access. gpo. gov /nara /cfr /waisidx_03 /28cfr70_03.html . Any interest earned in excess of $100 must, on a quarterly basis, be remitted to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville, MD 20852 Sub- recipients must report any interest remitted to GDEM. 37) Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at Its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following business day. Jack Colley, Chief Division of Emergency Management Office of the Governor PO Box 4087 Austin, TX 78773 -0220 t �L q3 i .%� 11 3,2- \• COMMISSIONER Carey D. Cockerell September 8, 2006 Margaret Lalk Brazos County District Attorney's Office 300 East 26" St., Suite 310 Bryan, Texas 77803 RE: FY 07 Contract Renewal - Title IV -E Legal Contract Number: 23361153 Dear Ms. Lalk: In renewing the County's contract with the Texas Department of Family and Protective Services (DFPS or Department) we must comply with federal law by conducting an annual review of your Title IV -E contract, which includes the following steps: • Complete the FY 07 Cost Allocation Plan/Budget Forms & Budget Narrative • Complete Form 2046 (Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts) • Internal Control Certification (ICC) • Risk Analysis Questionnaire Please review and obtain the Judge's signature on all (3) three copies of the plan change. Upon receipt of the Cost Allocation Plan /Budget & Budget Narrative, Form 2046, Plan Change, ICC, and Risk Analysis Questionnaire, DFPS will review and approve the county's budget for FY 07. Once the budget has been approved, the required DFPS signature will be obtained and an original plan change will be returned to you for your contract file. All contract documents need to be returned to me by September 15, 2006. Return the documents to me at the following address: TDFPS Ardell Ray (MC 016 -5) Director of Contracts 14000 Summit Dr., Suite 100 Austin, Texas 78728 Please let me know if you would like an electronic copy of the Cost Allocation Plan /Budget Forms. You can contact me at (512) 834 -3353, if you have any questions. RespectfuCb lly 4 Rbcj Ardell Ray Director of Contracts Enclosures: Cost Allocation Plan /Budget Forms, Form 2046, Plan Change, ICC, and Risk Analysis Questionnaire VEAL 6� PACE 14000 .SUMMIT DR., .SUITE 100. ♦ AUSTIN, TEXAS 78728 1 (512) 834-33.93 COMMISSIONER Carey D. Cockerell PLAN CHANGE FY 07 -01 Margaret Lalk Brazos County District Attorney's Office 300 East 2eh St., Suite 310 Bryan, Texas 77803 Re: FY 07 Title IV -E Legal Services Contract Contract Number: 23361153 Plan Change 07 -01 Effective Date: September 1, 2006 The Department of Family and Protective Services (DFPS) and the Commissioners' Court of Brazos County entered into a new contract effective September 1, 2002. This contract has been amended 0 time(s) previously. The Department and Contractor agree to the following plan change to the contract. This plan change is effective September 1, 2006. The purpose of this plan change is to incorporate the attached Title IV -E Legal Services Cost Allocation Plan and Budget for FY 07. The attached Cost Allocation Plan and Budget is incorporated into this plan change for all purposes, reflect the changes affected by this plan change for the contract period September 1, 2006 through August 31, 2007, and supersede those attachments to the contract and any amendments, for the contract period covered by this plan change. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES APPROVAL: Ardell Ray Date Director of Contracts COMMISSIONERS' BRAZOS COUNTY, APPROVAL: 7%% Randy Judge 14000 SUMMIT DR., SUITE 100. ♦ AUSTIN, TEXAS 78728 ♦ (512) 834 -3353 Date .- CO1IMSSIONER Carey D. Cockerell PLAN CHANGE FY 07 -01 Margaret Lalk Brazos County District Attorney's Office 300 East 20" St., Suite 310 Bryan, Texas 77803 Re: FY 07 Title IV -E Legal Services Contract Contract Number: 23361153 Plan Change 07 -01 Effective Date: September 1, 2006 The Department of Family and Protective Services (DFPS) and the Commissioners' Court of Brazos County entered into a new contract effective September 1, 2002. This contract has been amended 0 time(s) previously. The Department and Contractor agree to the following plan change to the contract. This plan change is effective September 1, 2006. • The purpose of this plan change is to incorporate the attached Title IV -E Legal Services Cost Allocation Plan and Budget for FY 07. The attached Cost Allocation Plan and Budget is incorporated into this plan change for all purposes, reflect the changes affected by this plan change for the contract period September 1, 2006 through August 31, 2007, and supersede those attachments to the contract and any amendments, for the contract period covered by this plan change. TEXAS DEPARTMENT OF FAMILY AND COMMISSIONERS' COURT OF PROTECTIVE SERVICES BRAZOS COUNTY) APPROVAL: Ardell Ray Date Director of Contracts VDLCJ FADE 35 Judge 14000 SUMMIT DR., SUITE 100. ♦ AUSTIN. TEXAS 78728 ♦ (.512) 834-3353 Date COMMISSIONER Carey D. Cockerell PLAN CHANGE FY 07 -01 Margaret Lalk Brazos County District Attorney's Office 300 East 20" St., Suite 310 Bryan, Texas 77803 Re: FY 07 Title IV -E Legal Services Contract Contract Number: 23361153 Plan Change 07 -01 Effective Date: September 1, 2006 The Department of Family and Protective Services (DFPS) and the Commissioners' Court of Brazos County entered into a new contract effective September 1, 2002. This contract has been amended 0 time(s) previously. The Department and Contractor agree to the following plan change to the contract. This plan change is effective September 1, 2006. The purpose of this plan change is to incorporate the attached Title IV -E Legal Services Cost Allocation Plan and Budget for FY 07. The attached Cost Allocation Plan and Budget is incorporated into this plan change for all purposes, reflect the changes affected by this plan change for the contract period September 1, 2006 through August 31, 2007, and supersede those attachments to the contract and any amendments, for the contract period covered by this plan change. TEXAS DEPARTMENT OF FAMILY AND COMMISSIONERS' PROTECTIVE SERVICES BRAZOS COUNTY APPROVAL: APPROVAL Ardell Ray Date Randy Director of Contracts Count'/ 14000 SUMMIT DR., SUITE 100. ♦ AUSTIN, TEXAS 78728 ♦ ( 512) 834 -3353 Date o7 1. 2. 3. COUNTY APPLICATION AND INFORMATION FORM CONTRACTS FOR REIMBURSING LEGAL COSTS Name of County: BRAZOS COUNTY Federal Employer's I.D.# or Texas Vendor I.D.# 1 7 4 6 o o o 4 ,1 -1 o 21 Address of Contact Person: MARGARET LALK ASSISTANT DISTRICT ATTORNEY 979- 361 -4320 Name Title Phone 300 E. 26TH STREET, STE.310 BRYAN, TX 77803 Street Address City State Zip Code 4. County Judge: RANDY SIMS Name 5. County Auditor: KATIE CONNER Name COUNTY JUDGE Title COUNTY AUDITOR Title TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES VOL93 P 3? 979 - 361 -4102 Phone 979 - 361 -4350 Phone page I of 4 W h F C U 17•� p" N WOEy d� a U W Q rA a N N Q CO N a0 In F r r o m QF n M N M v g9 k co E O O O W tA - tD N W U V M O V N O r M N lD M r-I Ln L7) o II D u N d N e O cS F w tlP oP dP O N O N tlA If) W -P co � a r N XN M y i O DD Lf) lD N Lf) O Q F r N N Ln X II z z d' � O 'o E E r•C Ll m z y H H x .� H x E Ln a U] 0) H 0 (D m N . En KCI w a w a cn a O •--I fx PC Er C O 3 O •--I rc e ew 0 c d ° P4 u z � r a E y II N a II III Fl a � U N o P Ln >+ ro s4 ro a rocro r-Iro� i U) v C O r rd •rI •rI UI 14 clroro rd (1) r 0 � S:: 0 m �4 B v >4 41 ro LO rd �4 voaro e > �I -A O N W UI N G N •H .91. ro x a la v ,H-I W 04 3 it g� 9 O r Ell N roA +I `e •H v +) b O � U U O U) G 0 Ln ° 0 S +J r ro O •�4 Jam•) 4 rd 41 �-� 4J x W • ro 0 rl v N ri U) U) o' �:5 7 v b) r w A O c ro41 r-I a M 04 10 .J >r w .--I ro H g A •r 0 � U -I � ro ov C W OL U W gU) Fj En v ro(0 W N X >a s rA ro +4 U r 0 •a ro 004 X v 0 rl mro+Ip a ° ri Q +Jr-Iro o vro v>1 U)d aw g` N•+vw ro s4 .l .ri pg pp w � U 3 E IF_ 2 a L Z a F� O F co C co Co o - tD N d M O V N m co N lD � o II u N II C2 O 'P N -P co � r N XN M p rl l0 rl o r x X II d' r 'o N go X z r N x .� x x x Ln � 0) LO N . n r O •--I r- O O •--I M to c ° � r y II N II III O U N E P Ln Ln X X 0 Ln 00 4J ro U) q N a ri rd C U ro v � G v o E o a F 0 U c o tO U wF3a5 r. O N W a T o � N 7 r as m 7 d h a� o � U Q F '9 O U Q U U� O Vti A rL Pi O F 0 U 0 w 0 0 0 (� O O Ln 00 O 0 a CL M O F F O OF U O a W M 0 0 0 0 (� O O Ln 00 O M N U) U] W W E E w w b PW4 a a > a X x ri E w w ro H a CD CD 0 z 0 0 0 Co W 0 0 o O w d N N O a I I .-I N w W (= d C N I O O U1 O O W O N N O O Ga rZ4 a) W z z >4 p O O 4J H W W W W m M R4 F� a) m � m o m a H sa E O W A W W U H z W H R z O N m O O E cZ H H a) z w E W ul w (0 N O A W W I O W L E w U) U H NW Ca C O W O 0 C4 H % U RU's z D E z W fk O F-I O 0 O U W 0 a W M Indirect costs: Please describe the basis for any indirect costs below During FY 2006, The Brazos County Commissioner's Court adopted an indirect cost plan prepared for Brazos County by Vertex. The plan was prepared in accordanc with OMB Circular A -87 and was based on actual FY 2005 expenditure information. The consultants determined that the indirect cost rate for the District Attorney's office for Fiscal Year 2007 is 15.72 %. Therefore the FY 2007 estimated indirect costs are: (84,552 + 20,986 + 2336.) x .1572 = $16,958. Average Percentage of Title IV -E related Foster Children: To be supplied by Region Coordinator. Name of person preparing this plan: Margaret Lalk Telephone Number 979 - 361 -4320 PLAN APPROVED BY: TDFPS REPRESENTATIVE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES VOL93 PAGE '/ O DATE page 4 of 4 STATE OF TEXAS COUNTY OF BRAZOS CONTRACT FOR RESIDENTIAL SERVICES �!y In accordance with provisions of the Governor's Office, Criminal Justice Division Grant, Brazos County, and Renewed Strength, hereinafter called Service Agency, by this Agreement, and in consideration of the mutual promises set forth below, agree that: PROVISION OF SERVICES The Service Agency agrees to provide the following services, which shall be limited to alleged or adjudicated juvenile offenders in licensed child care facilities: Basic - $37.00; Moderate - $82.22. Specialized- $118.20. A. For and in consideration of the above described services, Brazos County agrees to pay the Service Agency an amount not to exceed Basic - $37.00, Moderate - $82.22, Specialized $118.20. This fee does not exceed the actual cost of child care in the Service Agency, which is the some as above, and does not exceed the amount allowed in the current Criminal Justice Division /Health and Human Services Maximum Rate Schedule. Total reimbursement under this contract shall not exceed awarded grant amount. B. If a child is certified to be eligible for the Title IV -E Reimbursement Program and the rate stated in Section I.A. above is different that the Level of Care rate assigned to that child as per the Health and Human Services Code, that child will be billed at the actual Level of Care rate. C. Recognizing that a part of a client's rehabilitation program may include time away from the residential setting of the Service Agency such as weekends, holidays, etc., and that the Service Agency must retain space for this client until his return, Brazos County will pay the Service Agency the above agreed upon amount for such regularly scheduled days away from the Service Agency or its program providing they do not exceed ten (10) days' payment. D. If a client makes an unauthorized departure from the Service Agency, Brazos County shall be notified immediately. If the client returns to the Service Agency within ten (10) days or prior to the last billing day of the month, whichever shall occur first, the Service Agency shall receive payment for those days the client was absent from the Service Agency, but not to exceed ten (10) days' payment. E. The Service Agency is under no obligation to retain space for the client in unauthorized departure situations. Payment is to be made monthly. Claim for payment will be submitted no later than ten (10) days from the last day of the month for which payment is being requested. G. Each billing should contain the name of the client or clients for whom payment is being requested, along with the number of days (stated consecutively) for which payment is requested. H. The Service Agency is under no obligation to accept a client who is deemed inappropriate for placement in the program by the Service Agency. I. The Service Agency shall be licensed by the Department of Family and Protective Services or an equally equivalent agency for their programs. Renewed Strength - Contract Period 03/05/07 - 08/31/07 93 O Page 1 of 6 4 J. The Service Agency shall meet all other required licenses pertaining to health, fire and safety standards. K. If a child in placement at the Service Agency makes an unauthorized departure, becomes seriously ill, or is involved in an incident of a serious nature, the Service Agency shall notify the Brazos County Placement Officer immediately and ensure that parents and proper authorities, including the Texas Department of Public and Regulatory Services, are notified. L. Brazos County reserves the right to terminate the child's placement at the Service Agency at its discretion. The Service Agency must not release the child to any person or agency other than Brazos County without the express consent of Brazos County. M. Brazos County must approve the child's participation in any furloughs, home visits, or extended agency trips. N. Unless otherwise stipulated by Brazos County, the child may visit freely with parents and relatives at the home in accordance with established Service Agency policies. O. Suspected or alleged cases of child abuse must be immediately reported to the Brazos County Placement Officer and the Department of Public and Regulatory Services. II. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT A. Each client placed with the Service Agency shall have a written Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Agency staff and appropriate Brazos County personnel prior to placement. B. The Case Plan shall be reviewed jointly by the appropriate Service Agency staff, the child, and appropriate Brazos County personnel at reasonable intervals, not to exceed ninety (90) days, to assess the client's progress with modification of the Case Plan being made when indicated. C. The Case Plan shall contain the reasons why the placement will benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the Service Agency placement; and shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved in the Case Plan to assist in preventing or controlling the client's alleged delinquent behavior or conduct indicating a need for supervision as defined in the Texas Family Code. D. Copies of the original Case Plan and the periodic review are to be maintained by the Service Agency and the Brazos County Placement Officer. E. Goals, Outputs, and Measurable Outcomes: The Service Agency agrees to pursue the goals and values of the Brazos County Juvenile Probation Department through providing services to clients which enable client growth and development to the client's fullest potential. This development will be through the provision of a safe, drug -free environment in which counseling services are utilized as tools for educational, emotional, and behavioral catharsis. 2. The Service Agency shall provide the Brazos County Juvenile Probation Department, within ten (10) working days, information which outlines the services provided to clients. These output measures might include, but are not limited to: a. Average length of stay of clients. Renewed Strength - Contract Period 03/05/07 - 08/31/07 6'�Lvl nn P3 PACE. I age 2 of 6 b. Specific type of milieu implemented by the Service Agency. C. Average number of counseling hours provided each client daily, weekly, or monthly. d. Number and types of reporting measures. 3. The Service Agency agrees to furnish the Brazos County Juvenile Probation Department the annual indicators which express the effectiveness of the Service Agency in providing public benefit. These measurable outcomes will be submitted annually and may include: a. The percentage of clients successfully completing the program. b. The percentage of clients who are reunified with family or guardians. C. The percentage of youth who remain drug -free, do not re- offend, and /or remain in school for a designated aftercare period. III. EXAMINATION OF PROGRAM AND RECORDS A. The Service Agency agrees that it will permit Brazos County to examine and evaluate its program of services provided under the terms of this Contract and to review Brazos County client records. This examination and evaluation of the program will include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the Service Agency and the client. B. The Service Agency shall provide Brazos County such descriptive information on contracted clients as requested on forms provided by Brazos County. C. The Service Agency shall provide Brazos County their annual TJPC /DFPS Facility Monitoring Report, facility Registry information, and child abuse and neglect investigation statistics. These shall be provided annually prior to contract execution. D. The Service Agency agrees to maintain and make available for inspection, audit, or reproduc- tion by an authorized representative of Brazos County, books, documents, and other evidence pertaining to the cost and expenses of this Contract, hereinafter called the Records. This includes profit and loss statement, annual financial statements, and outside, independent audits. These documents will be provided to Brazos County prior to entering into or renewing contract. E. The Service Agency agrees to maintain these Records for three (3) years after final payment or until the State - approved audit has been made and all questions therefrom are resolved. The Service Agency shall adhere to all applicable state and federal laws and Regulations pertinent to the Service Agency's provision of services to Brazos County. G. Under Section 231.006, Family Code, the Service Agency certifies that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. IV. FEE ASSESSMENT A. Clients or their families shall not be assessed fees for services by the Service Agency unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of County clients for donations of clothing, personal articles, Renewed Strength - Contract Period 03/05/07 - 08/31/07 Page 3 of 6 �%} �❑+, (� 0111 { r lStiC 7,7v and funds to assist in supporting a youth's rehabilitation. B. Any and all medical treatments required to meet the needs of the child shall be the sole responsibility of the said child's parent(s), guardian (s), or court - ordered appointed conservator, by either personal payment, health insurance, or Medicaid coverage, as well as clothing, or other expenses not provided for in the Service Agency's program. It is the Service Agency's responsibility to ensure the child's eligibility for Medicaid. Brazos County will not be responsible for medical expenses for a child who is Medicaid eligible. In the event that the parent or guardian is unable to assume this financial responsibility, the Brazos County Juvenile Probation Department will assume such to a limited extent provided funds are available and prior authorization by the Chief Executive Officer has been secured, accepting only genuine medical emergencies. C. If a client is eligible for fiscal support from another state agency or organization, the Service Agency shall ensure that Brazos County is not charged for such fiscal support for which the client is otherwise eligible. D. The Service Agency agrees to account separately for the receipt and expenditure of any and all state funds received from Brazos County. These state funds are dispersed through the Texas Juvenile Probation Commission to fund residential care. These records will be included in the information provided to Brazos County at the time of contract renewal or execution of an initial contract. V. EQUAL OPPORTUNITY Services shall be provided by the Service Agency in compliance with the Civil Rights Act of 1964. The Service Agency will not discriminate against any employee, applicant for employment, or client because of race, religion, color, sex, national origin, age, or handicapping condition. The Service Agency will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapping condition. VI. OFFICIALS NOT TO BENEFIT No officer, member, or employee of Brazos County and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the under- taking or carrying out of this project, shall participate in any decision relating to this Contract which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. VII. INDEMNIFICATION It is further agreed that the Service Agency will indemnify and hold harmless Brazos County against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of the Service Agency, its agents, servants, or employees arising from activities under this Contract. The Service Agency shall have no obligations to indemnify and hold harmless Brazos County for any act(s) of commission or omission of Brazos County or Brazos County's agents, servants, or employees arising from or related to this Contract from which a claim or other action is made. VIII. DEFAULT Brazos County may, by written notice of default to the Service Agency, terminate the whole or any part of this Contract in any one of the following circumstances: Renewed Strength - Contract Period 03/05/07 - 08/31 /07 22 Page 4 or 6 VOL93 PAGE _✓ A. If the Service Agency fails to perform the work called from by this Contract within the time specified herein or any extension thereof; or If the Service Agency fails to perform any of the other provisions of this Contract, or so fails to prosecute the work as to endanger performance of this Contract in accordance to its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) days (or such extension as authorized by Brazos County in writing) after receiving notice of default. C. In the instance where a breach of contract by default occurs, payment will be refunded to Brazos County by the Service Agency. IX. DANGEROUS CHILDREN The Service Agency may be working with violent and potentially dangerous persons. Therefore, it is the Service Agency's duty to alert and inform the Brazos County Placement Officer and the Chief Executive Officer or his designee of any threatened or potentially dangerous situation which may arise from or in conjunction with any services the Service Agency provides hereunder. The Service Agency further agrees that Brazos County is not responsible for such violent or dangerous conduct, or liable for any damages arising therefrom, on the part of any persons with whom the Service Agency works or comes into contact with pursuant to this Agreement. X. TERMINATION A. This contract may be terminated by either party by giving ten (10) days written notice to the other party hereto of the intention to terminate. B. Termination of the clients residence with or receipt of services from the Service Agency shall occur only after notifying the Brazos County Placement Officer of the causes and with sufficient lead time of at least ten (10) days to allow alternate placement or referral for service. XI. LAW AND VENUE In any legal action arising under this Contract, the laws of Texas shall apply and venue shall be in Brazos County. XII. CONTRACT PERIOD The contract period will begin on the 5th day of March , 2007, and will terminate on the 31 st day of August, 2007. BRAZOS Randy Sims, C my Judge and Brazos ounty Juvenile Board Chairman Doug Vance, PhD, Executive Director Juvenile Services Department Date 3 -f3��� Date Renewed Strength - Contract Period 03/05/07 - 08/31/07 tr 27 J'yJ Page 5 of VOL �/ Pn�C�. � 1 SERVICE AGENCY Auth rized Signature (nr}22677— L. 642R04— PRINTED name of person signing this Contract PRINT FACILITY NAME AND ADDRESS: 71,er,ewec� �cena-+h,= -�C• \ \0 C1m%�iCX PRINT BILLING NAME AND ADDRESS: (i 0--kftna�h r� VA of hn b n -c � PRINT NAME OF BILLING CONTACT PERSON: CPS LICENSING REPRESENTATIVE: 3 -q-0-;t Date GXeC- U-i'�VC I7irec7fvr, Title FACILITY TELEPHONE NUMBER: ro1$k-4,A $--1 bb 1) BILLING TELEPHONE NUMBER: age- �- 14g =,55c� FEDERAL TAX IDENTIFICATION NUMBER: 43 - ---�0 %4yg53 CPS TELEPHONE NUMBER: Renewed Strength - Contract Period 03/05/07 - 08/31/07 Page 6 or 6 QL93 PAuE 146 e, BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: March 20, 2007 ITEM: Request for permission to enter Dale Holecek's property located off I &GN for the purpose of lengthening the existing (front) slope (of the ditch) to stabilize existing edge of the roadway for the health safety and welfare of the general public. Rip Rap will be added to area around roadway culvert ends to repair washout and control erosion Site is located in Precinct 1. PRESENTATION: Existing fence will be removed for the duration of the work and a new fence constructed upon completion of work. Work area will be seeded, fertilized and covered with poly jute. Site will be maintained until grass is growing and area is smooth for mowing. SUBMIl!TD BY: Richard F. Vance, P.E. County Engineer CC07 -022 This Request is Date: A.., .,.,..J V lorl a ":• I :• Precinct 1 Denied by Commissioners' Court QL g3 PACE q6 a BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims Brazos County Road & Bridge Dept. Brazos County Judge 2817 Hwy 21 West Bryan, Texas 77803 Lloyd Wassermann Oflica 979 -822 -2127 Commissioner Pct 1 Fax t 979 - 775-0453 E. Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pct 3 Carey Cauley Commissioner Pct .4 DATE: March 7. 2007 I. LAND OWNER AND ADDRESS: Dale Holecek 13922 I &GN Road College Station, Texas H. LOCATION OF WORK: 13922 I &GN Road III. DESCRIPTION OF WORK TO BE DONE: Permission to enter Your property to lengthen the existing slope to stabilize the existing road. Work area will be seeded, fertilized and covered with poly jute. Existing fence will be removed Your existing fence, will be constructed using new materials. tr Q —,Yj" IV. MAINTENANCE YES X NO _ DURATION — Until grass is growing and area is smooth for mowing IF Yf S, ESTIMATE FREQUENCY OF MAINTENANCE: As needed Richard F. Vance, P.E. Evri Mr- kWfforeman /Righ ay Agent County Engineer OwnerrsSignature: Date: lh t �D% V03 PAGE 47 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: March 20, 2007 ?(b) ITEM: Request for permission to enter Douglas Sawyer's property located off I &GN for the purpose of lengthening the existing (front) slope (of the ditch) to stabilize existing ed eg of the roadway for the health safety and welfare of the general public Rip Rap will be added to area around roadway culvert ends to repair washout and control erosion. Site is located in Precinct 1. PRESENTATION: Existing fence will be removed for the duration of the work and a new fence constructed upon completion of work. Work area will be seeded, fertilized and covered with poly jute. Site will be maintained until grass is growing and area is smooth for mowing. SUBMITTED BY: L Richard F. Vance, P.E. County Engineer CC07 -023 This Request is Approved Date: APPROVED BY: ��-� Commis6ioner Lloyd Wassermann Precinct 1 (or) Denied by Commissioners' Court Randy Sims, County Judge VOL 0 PAnc Mar 13 07 07:10p p.1 n TpTt Up 4 F � n oG T n�e�iryo BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims Brazos County Road & Bridge Dept Brazos County Judge 2617 Hwy 21 West Bryan, Texas 77803 Lloyd Wassermann Office# 979-822 -2127 Commissioner Pct 1 Fax# 979 - 7750653 E. Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pcl 3 Carey Cauley Commissioner Pct 4 DATE: March 12, 2007 LANDOWNER AND ADDRESS: Douglas Sawyer 14036 1 &GN Road College Station, Texas II. LOCATION OF WORK: 14036 I &GN Road III. DESCRIPTION OF WORK TO BE DONE: Permission to enter your property to lengthen the existing slope to stabilize the existing road. Dirt will be hauled in with dump trucks and spread using heavy equipment. All work will be performed from the edge of the road to the bottom of the slope. Work area will be seeded, fertilized and covered with poly lute. IV. MAINTENANCE YES X NO _ DURATION — Until grass is growing and area is smooth for mowing g , ,,�E�FHUATE FREQUENCY OF MAINTENANCE: As needed t Richard F. Vance, P.E. Engineer Aide /ForemantRight of Way Agent County Engineer Owner's Signa �/ Date: p