transmittal

Transcription

transmittal

August 10, 2004
NOTICE OF MEETING
FORT BEND COUNTY COMMISSIONERS COURT
7TH FLOOR, WM. B. TRAVIS BUILDING, RICHMOND, TEXAS
TUESDAY, AUGUST 10,2004
1:00 O'CLOCK P.M.
AGENDA
L
Call to Order.
2.
Invocation and Pledge of Allegiance by Commissioner Prestage,
3,
Approve minutes of regular meeting of August 3, 2004, and Budget Workshops held on
July 30, August 2, and August 3, 2004,
4,
Announcements and Public Comments,
5,
PUBLIC HEARINGS: 1:00 P.M.: Conduct Public Hearings and take all appropriate
action on the following matters:
A Acceptance of the traffic control plan for Lakemont, Section 2, Pet 3.
B. Acceptance of the traffic control plan for Seven Meadows, Section 9, Pet 3.
CONSENT AGENDA ITEMS 6 - 21:
6.
OUT OF STATE TRAVEL:
A. Enter into record the out-of-state travel requests for elected official:
Commissioner, Pet. 2:
1) Ratify change in travel dates for Commissioner Prestage to Phoenix, Arizona
from July 15 through July 21, 2004, to attend the National Association of
Counties Annual Conference and Exposition. (Fund: 072-4014)
2) Commissioner Prestage to Washington, D.C., September 8-16, 2004, to attend
the NACO Steering Committee, CBCF Annual Legislative Conference, and
NACO Large Urban County Caucus meetings. (Funds: 072-4014 and 0454014)
B. Approve out-of-state travel requests for County personnel:
1) Auditor:
Ratify travel by Ed Sturdivant and Lawrence Holub (MIS) to
Oklahoma City, Oklahoma on August 9, 2004 for software site visit and
demonstration. (Fund: 042-4014)
2) Emergency Management: Cbange in travel date for Jeff Braun to Milwaukee,
Wisconsin, from September 11-15, 2004, to attend the Urban Area Security
Initiative Conference. (Fund: 046-4014)
3) Engineering: William (Bill) Petty to Miami, Florida, September 5-11, 2004, to
attend the 19tb Hazardous Materials Management Conference (NAHMMA)
on Household and Small Business Waste. (Fund: 043-4014)
August 10, 2004
7.
COMMISSIONER, PCT. 4: Approve transfer in the amount of $3,257 from Fees and
Services (074-4010) into line items as detailed on Commissioner's form dated August
4, 2004, to allocate funds for part-time assistance for the Fort Bend County Fresh
Water Supply District No.2.
8.
COMMUNITY DEVELOPMENT: Approve transfer in the amount of $14,819 from
Sales Proceeds into Program Income line items as detailed on Auditor's form dated
August 4, 2004, to amend the budget pursuant to Local Government Code §111.0706
to allocate refunds received from program participants.
9.
COUNTY ATTORNEY: Approve payment by Invoice Transmittal in the amount of
$2,417.57 to Lewis Realty Advisors for services provided without a purchase order
related to the Burlington Northern and Santa Fe Railway matter. (Fund: 010-0540540-4010)
10.
DISTRICT ATTORNEY:
Approve the Amended Resolution Concerning the
Violence Against Women Prosecutor Grant and Violence Against Women
Investigator Grant to include an additional sentence requested by the Criminal
Justice Division.
11.
ELECTIONS ADMINISTRATION: Approve transfer in the amount of $3,654 from
Fees and Services into line items as detailed on Administrator's form dated August 4,
2004, to allocate additional funds resulting from overtime required during 2004
primary and runoff elections.
12.
ENGINEERING:
A. Approve Pay Estimate No.7 in the amount of $6,615.80 to Conrad Construction
Co., Inc. for the West Bellfort improvements from SH 6 to Burney Road, Mobility
Bond Project #8, Pet. 3.
B. Approve payment of Invoice No. 914 in the amount of $1,644.86 to PAS Property
Acquisition Services, Inc. for various Right-of-Way acquisitions in Precincts 1, 2,
3, and 4. (Fund: 042-7009)
C. Approve payment of Invoice No.6 in the amount of $162,981.00 to Brown & Gay
Engineers, Inc. for Diagrammatic
and Environmental
Assessment Study
regarding Fort Bend Parkway (SH 122), Segment B, Mobility Bond Project #82,
Pets. 1 and 2.
D. Approve payment of Invoice No. 30707 in the amount of $900 to Contract Land
Staff, Inc. for work related to the West Bellfort Feasibility Study, Pet. 4. (Fund:
010-043-0430-4010)
E. Approve application from Consolidated Communications to bore under and bury
cable along Fry Rd., Pet. 3.
2
August 10, 2004
F. Approve application from Verizon to bore under and bury cable along RenfrowBurford, Ivy Lane and Cypress Avenue, Pet. 1.
G. Approve application from Lone Star Construction to construct a driveway tie-in
onto Bluebonnet Dr., Pet. 2.
H. Approve application from SBC to bury cable along Vernon Frost Rd., Pet. 3.
I. Approve application from Cypress E&P Corporation to construct a driveway tiein onto Evans, Pet. 1.
J. Approve release of Performance Bond #104243237 in the amount of $5,000 to
Teppco Crude Pipeline, LP for proposed driveway on Fulshear Katy not to be
constructed, Permit #82791, Pet. 3.
K Accept the streets in Grand Lakes Phase 4, Section 1 and release bond #6124025
in the amount of $655,600.00, Pet. 3.
Grand Trace Lane
1,122.78 LF
South Lakebluff Circle
613.34 LF
North LakebluffCircle
856.93 LF
Hollow Trace Lane
45.56 LF
Briar Summit Lane
515.42 LF
Cloverfalls Lane
253.46 LF
Bell Hollow Lane
1,438.86 LF
Arrowbrook Court
184.63 LF
Alder Springs Court
103.05 LF
Alder Springs Lane
826.97 LF
Rivermoss Lane
683.97 LF
Trailstone Lane
722.65 LF
ShadowcliffLane
221.51 LF
TOTAL:
7,589.13 LF
L. Approve the plat for Canyon Fields Drive & Reese Lake Drive STD, Pet. 3.
M. Approve the plat for Teal Run, Section 17, Pet. 1.
N. Approve the plat for Lost Creek, Section 1, Pet. 3.
O. Approve accepting a Cashier's Check #4867127188 (as a security), in the amount
of $10,000.00 from Cypress E & P Corporation for damages that may be
sustained to any roads (Evans Road), while operating equipment in Fort Bend
County, Pet. 1.
P. Set public hearing for acceptance of the traffic control plan for Grand Lakes
Phase 4, Section 1, Pet. 3. (Tuesday, September 7, 2004, at 1:00 p.m.)
Q. Set public hearing for Kingsbridge Estates Partial Replat being a replat of
restricted reserve "A" of Kingsbridge Estates, Pet. 3. (Tuesday, September 14,
2004, at 1:00 p.m.)
13.
FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO.1: The Board of
Directors of the Fort Bend County Fresh Water Supply District No.1 reviewed this
item at their regular meeting on June 15, 2004 and made the following
recommendations to Commissioners Court: Authorize payment of Invoice No.5 in
the amount of $26,328.26 to Carter Burgess, Inc. for professional services rendered
through May 28, 2004. (Fund: 010-042-M03A-2000-4010)
3
August 10. 2004
14.
FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO.2: The Board of
Directors of the Fort Bend County Fresh Water Supply District No.2 reviewed this
item at their regular meeting on July 20, 2004 and made the following
recommendations to Commissioners Court: Authorize payment of Invoice No. 75939
in the amount of $30,756.81 to Pate Engineers, Inc. for professional services rendered
through May 25, 2004. (Fund: 010-042-M03B-2000-4010)
15.
FORT BEND COUNTY TOLL ROAD AUTHORITY: The Board of Directors of the
Fort Bend County Toll Road Authority reviewed these items at their regular meeting
held on July 21, 2004 and makes the following recommendations to Commissioners
Court:
A. Approve utility relocation agreement with DOW Pipeline Company in an amount
not to exceed $463,758 for the Westpark Corridor Project.
B. Approve Change Order Number 2 for a 60-day time extension to contract AOOI
with W.W. Webber, Inc. for the Fort Bend Parkway Corridor, Project A.
C. Approve Change Order Numbers 2, 3, 4 (for a 60-day time extension) and 5 to
contract A023 with W.W. Webber, Inc. for the Fort Bend Parkway Corridor,
Project A.
D. Approve Change Order Number 3 for a 90-day time extension to contract A045
with W.W. Webber, Inc. for the Fort Bend Parkway Corridor, Project A.
E. Approve Change Order Number 1 with Jerdon Enterprise, L.P. in the amount of
$9,758.76 for the Fort Bend Parkway Corridor, Project A.
F. Approve Change Order Numbers 1, 2, 3, and 4 to contract with SpawGlass Civil
Construction, Inc. for the Fort Bend Parkway Corridor, Project A.
16.
FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION: The Board
of Directors of the Fort Bend Flood Control Water Supply Corporation reviewed
these items at their regular meeting on July 28, 2004, and made the following
recommendation to Commissioners Court: Authorize payment for work performed
by consultants and/or contractors listed on Board Report dated July 28, 2004, for an
amount totaling $61,105.38 for Big Creek. (Fund: 265-006-4010)
17.
HEALTH & HUMAN SERVICES:
A. Accept grant funds in the amount of $25,000 from the Texas Engineering
Extension Service for FY 2004 Citizens CORPS Program (CERT) for use through
September 30, 2005.
B. Accept grant funds in the amount of $37,998 from the Department of State Health
Services (formerly Texas Department of Health) for FY 2005 Triple 000 Grant
Amendment, for use through August 31, 2005.
4
August 10, 2004
18.
HEALTH & HUMAN SERVICES - ENVIRONMENTAL HEALTH:
A. Approve Interlocal Agreement between .Fort Bend County and Houston
Galveston Area Council to accept grant funding in the amount of $80,657 for local
enforcement of solid waste implementation program for the term of September 1,
2004 through July 31,2005.
B. Approve transfer in the amount of $6,800 from IT Hardware Purchases (010-0310312-1400-1012) into Capital Property & Equipment (010-031-0312-1400-1011) to
allocate funds for purchase of equipment into proper line item.
C. Approve transfer in the amount of $16,300 from Property and Equipment (010031-G04A-1400-1010) into Capital Property & Equipment (010-031-G04A-14001011) to allocate funds for purchase of equipment into proper line item.
19.
LIBRARY:
Approve final payment by Invoice Transmittal in the amount of
$8,220.22 to Reliant Energy for electric utility services provided to the Cinco Ranch
Branch Library from July 2 through July 27, 2004. (Fund: 010-030-2000)
20.
SHERIFF'S OFFICE:
A. Approve payment by Invoice Transmittal in the amount of $18.78 to Corporate
Exchange Limited for replacement keys made without a purchase order. (Fund:
151-027-2703-3000)
B. Approve transfer in the amount of $3,250 from Detention Communications
Equipment (010-027-0271-6026) into IT Hardware (010-027-0271-1012) $3,000
and Software (010-027-0271-3040) $250 to allocate funds for purchase of
computer equipment and software to attach to the new T-lline in the jail.
C. Approve transfer in the amount of $2,112 from State Reimbursement (010-027G04C-STAT) into line items as detailed on Auditor's form dated August 4, 2004,
to amend the budget pursuant to Local Government Code §111.0706 for
additional reimbursement received on the Statewide Tobacco Education and
Prevention (STEP) grant received from Southwest Texas State University, to be
administered by the Sheriff's Office.
21.
TAX ASSESSORlCOLLECTOR:
A. Approve refunds over $500 as detailed on reports by Tax Assessor/Collector dated
August 3, 2004, for an amount totaling $1,686.02.
B. Approve transfer in the amount of $1,697 from Office Supplies (010-003-00301062) into IT Hardware (010-003-0030-1012) $1,465 and IT Software (010-0030030-3040) $232 to allocate funds for purchase of computer equipment and
software for the Automobile Department in Richmond office.
5
August 10, 2004
22.
COUNTY JUDGE:
A. Take all appropriate action on Interlocal Agreement between Fort Bend County and
Houston-Galveston Area Council for Regional Emergency/Trauma Care Planning and
Coordinating Program in the amount of $3,000, for the term of January I-September
30,2005, (Fund FY 2005: 045-4010)
B. Take all appropriate action on Resolution in support of Fort Bend County's project
submittal to the 2006-2008 Transportation Improvement Program for the HoustonGalveston Area Council, and authorize application by the County for grant funds for
the 5307 Program.
C. Take all appropriate action to adopt a Resolution in support of Community Mental
Health Mental Retardation Centers in the State of Texas.
D. Take all appropriate action to expand the Fort Bend County Mobility Planning
Committee by five members, each of which will be appointed by one member of the
Commissioners Court.
E. Take all appropriate action to appoint Dennis Parmer to the Fort Bend County Mobility
Planning Committee by Judge Hebert, and other appointees by Commissioners.
F. Take all appropriate action on Order to Fort Bend County Toll Road Authority
establishing the toll rate schedule for the Fort Bend Parkway.
G. Take all appropriate action to adopt the Resolution, Certificate of Resolution, and
General Certificate of Governing Body Approving the Fort Bend County Housing
Finance Corporation Single Family Mortgage Revenue Bonds, Series 2004.
23.
COMMISSIONER, PCT. 2:
A. Take all appropriate action on request by Doris G. Henson to waive penalty and
interest in the amount of $326.07 on property taxes for Account No. 4300-00-0040500-910 for tax year 2003, Pet. 2.
B. Take all appropriate action on request by Marvin Schulman to waive penalty and
interest in the amount of $79.69 on property taxes for Account No. 2775-00-002-0260910 for tax year 2003, Pet. 2.
24.
AUDITOR: Take all appropriate action to approve the Engagement Letter to Sandersen
Knox & Belt LLP to perform audit of Fort Bend County FY 2004 financial statements.
(Fund: 045)
25.
COUNTY ATTORNEY:
Take all appropriate action on request to transfer the
amount of $81,313 from Non-Departmental
Contingency (045-4040) into County
Attorney, Fees and Services (054-4010) to allocate funds for final payment of outside legal
fees for Cause No. 17.181, as authorized by Commissioners Court on August 3, 2004.
6
August 10, 2004
26.
DISTRICT CLERK: Take all appropriate action on request to transfer the amount of
$28,060 as detailed on District Clerk's form dated August 4, 2004, to allocate funds into
Overtime and Part-Time line items due to increased work load through September 30,
2004.
27.
ELECTIONS ADMINISTRATION:
A. Take all appropriate action to authorize pay rates for various categories of election
workers as presented by Elections Administrator to become effective October 1,2004.
B. Take all appropriate action on request to relocate county early voting site from Arcola
City Hall to Hightower High School.
C. Take all appropriate action to approve early voting locations and schedule as presented
by Elections Administrator for the November 2, 2004 general election.
28.
ENGINEERING:
A. Take all appropriate action to accept the easement from Cinco Ranch Residential
Property Association, Inc. (the "Association") to Fort Bend County, Texas for the
construction of a noise wall by the Texas Department of Transportation along Texas
FM 1093 at no expense to the County, Pct. 3.
B. Take all appropriate action to approve the Advanced Funding Agreement between Fort
Bend County and Texas Department of Transportation to perform preliminary
engineering/environmental analysis regarding FM 723: north of Brazos River to FM
1093, for amount not to exceed $150,000, Mobility Bond Project #54, Pcts. 1 and 3.
C. Take all appropriate action on the proposal to Fort Bend County by Traffic Engineers
for traffic study for State Highway 36 at proposed Fairgrounds Boulevard, as required
by Texas Department of Transportation, Pct. 1, and determine funding source.
29.
HEALTH & HUMAN SERVICES: Take all appropriate action to ratify preliminary
application for FY 2005 Bioterrorism Preparedness Grant.
30.
PURCHASING:
Take all appropriate action to consider granting an exemption to the
competitive bid process as authorized by Local Government Code §262.024(a)(7) fir the
purchase of an item(s) available from a single source for the following:
A. Agreement between Fort Bend County and VOTEC Corporation for an amount not to
exceed $33,949 for software maintenance and support. (Funding: Elections 4010)
B. Ambulance module remount from Frazer, LTD for an amount not to exceed $32,410.
(Funding: EMS 1010 $10,895 and 4010 $21,515)
C. Sublicense Agreement between Fort Bend County and EMSystem for an amount not to
exceed $26,179. (Funding: HHS G04A-4010)
31.
TREASURER: Take all appropriate action on request to transfer the amount of $28,000
from Non Departmental Contingency (045-4040) into Treasurer, Fees and Services (0064010) to allocate additional funds for services provided to the County by Southern
National Bank through September 30, 2004.
32.
Approve Bills.
7
August 10, 2004
33.
Authorize County Auditor to pay and release time-sensitive bills on August 19,2004, to be
ratified by Commissioners Court on August 24, 2004.
34.
Meet in Closed Session to deliberate the following matters as authorized by the Texas
Government Code:
§ 551.074. Personnel Matters. Commissioners Court will meet in Closed Session to
deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer or employee; or to hear a complaint or charge against an
officer or employee.
County Librarian.
35.
Reconvene Open Session and consider taking action on the following matters:
§ 551.074. Personnel Matters.
County Librarian.
36.
Adjournment.
In the event any of the foregoing items are not covered in the time allocated on the date of this
:r.:::.<ho
Om,,,, m,y
moo, ,omi""~"1m <h'"~
Robert E.
i. oomp1""" 00
ebert, County Judge
Notice of meeting/agenda posted at William B. Travis Building, Courthouse & Jane Long
Annex, Richmond, Texas on Friday, August 6, 2004, by _---'!l"!1~~"___'~~~~----.
~
O~'"
.
~OTICE
Policy of Non-Discrimination on the Basis of Disability
Fort Bend County does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its
programs or activities. ADA Coordinator, Risk/Management Insurance Dept., Fort Bend County-Rosenberg Annex, 4520 Reading Rd.,
Rosenberg, Texas 77471, phone 281-341-8618 has been designated to coordinate compliance with the non-discrimination requirements in
Section 35.107 of the Department of Justice regulations.'" Information concerning the provisions of the Americans with Disabilities Act,
and the rights provided thereunder, are available from the ADA coordinator.
NOTICE
The County Commissioners Court of Fort Bend County reserves the right to adjourn into executive session at any time during the course
of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections 551.071 (Consultation with
Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters),
551.076 (Deliberations about Security Devices) and 551.086 (Economic Development).
FILED FOR RECORD
A.M.
NO__
TIME~
AUG 062004
~fJ-~
County Clerk Fort Bend Co. Tex.
8
August 10, 2004
NOTICE OF MEETING
FORT BEND COUNTY DRAINAGE DISTRICT - BOARD OF DIRECTORS
7TH FLOOR, WM. B. TRAVIS BUILDING, RICHMOND, TEXAS
TUESDAY, AUGUST 10,2004
1:00 O'CLOCK P.M.
AGENDA
1.
Call to Order.
2.
Accept Monthly Report for June, 2004.
3.
Take all appropriate action on Engagement Letter to Sandersen Knox & Belt to perform
audit of the Fort Bend County Drainage District 2004 financial statement. (Fund: 151)
4.
Adjournment.
In the event any of the foregoing items are not covered in the time allocated on the date of this
agenda, the County may order a continuance for the next day until the discussion is completed on
all items.
.ohmE
(b~-----
Notice of meeting/agenda posted at William B. Travis B,lIilding, Courthouse & Jane Long
Annex, Richmond, Texas on Friday, August 6, 2004, by -~~~'=--='-"1'''''''=>'~----'
tJbrrvVt..A. O~",
NOTICE
Policy or Non-Discrimination on the Basis of Disability
Fort Bend County does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its
programs or activities. ADA Coordinator, Risk/Management Insurance Dept., Fort Bend County-Rosenberg Annex, 4520 Reading Rd.,
Rosenberg 77471, phone 281-341-8618 has been designated to coordinate compliance with the non-discrimination
requirements in
Section 35.107 of the Department of Justice regulations.* Information concerning the provisions of the Americans with Disabilities Act,
and the rights provided thereunder, are available from the ADA coordinator.
NOTICE
The County Commissioners Court of Fort Bend County reserves the right to adjourn into executive session at any time during the course
of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections 551.071 (Consultation with
Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters),
551.076 (Deliberations about Security Devices) and 551.086 (Economic Development).
FILEDFORRECORD
A.M
NO_TIME_~~
AUG 0 6 2004
~/tJw.,/
County Clerk rort Bene
9
(,C.
Ie •.
APPROVAL OF MINUTES
COMMISSIONERS COURT
FORT BEND COUNTY
I, Dr. Dianne Wilson, duly elected County Clerk and Clerk or Court, Fort Bend County,
Texas do hereby submit the OMclal Minutes or Commissionen Court held on the
day or
August
th
10
, 2004.
_---:...!~:....---
DIANNE WILSON Ph.D., COUNTY CLERK
N_·_......m~1:oJ
:·......
_ofC_~_
,
by Commissioner
duly put and carried, it is ordered to accept as
presented ror record the attached minutes approved on this the
August
24th
, 2004.
ROBERT E. HEB RT, COUNTY JUDGE
ll00mmleem.doc
day or
...
August 10,2004
Approved
MINUTES
BE IT REMEMBERED, That on this I Oth DAY of AUGUST, 2004, Commissioners Court of Fort Bend
County, Texas, met at a regular meeting with the following present:
ROBERT E. HEBERT
COUNTY JUDGE
TOMD. STAVINOHA
COMMISSIONER
PRECINCT I
GRADY PRESTAGE
COMMISSIONER
PRECINCT 2
ANDY MEYERS
COMMISSIONER
PRECINCT 3
JAMES PATIERSON
COMMISSIONER
PRECINCT 4
DIANNE WILSON
COUNTY CLERK
When the following were heard and the following orders were passed:
1.
Call to Order.
Call to Order at I :00 p.m. by Judge Hebert.
2.
Invocation
and Pledge or Allegiance by Commissioner
Prestage.
Invocation and Pledge of Allegiance by Commissioner Prestage.
3.
Approve minntes of regnlar meeting or Angnst 3, 2004, and Bndget Workshops
30, Angost 2, and Angnst 3, 2004.
held on Jnly
Moved by Commissioner Meyers, Seconded by Commissioner Patterson, duly put and
unanimously carried (5-0), it is ordered to approve minutes of regular meeting of August 3, 2004,
and Budget Workshops held on July 30, August 2, and August 3, 2004.
Judge Hebert
Commissioner Stavinoha
Commissioner Prestage
4.
Annonneements
yes
yes
yes
Commissioner Meyers
Commissioner Patterson
yes
yes
and Publle Comments.
Rodrigo Carreon addressed 27B&C.
James Early opposes high taxes and burden on property owners.
Judge Hebert read a proclamation into the minutes which he will present personally to the
B Company, 4th Battalion, 112th Armory of the Texas National Guard on August 17 proclaiming
the week of August 17,2004 - Texas National Guard Week.
August 10,2004
5.
PUBLIC HEARINGS: 1:00 P.M.: Conduct Public Hearings lmd take all appropriate action
on the following matters:
A. Acceptance of the tramc control plan for Lakemont, Section 2, Pct. 3.
B. Aeeeptance of the traffic control plan for Seven Meadows, Section 9, Pet. 3.
Public hearings held on items 5A&B. No public comments.
unanimously carried (5-0), it is ordered to approve items 5A&B.
Judge Hebert
yes
yes
yes
Commissioner Meyers
yes
yes
CONSENT AGENDA ITEMS 6 - 21:
6.
OUT OF STATE TRAVEL:
A. Enter into record the ont-of-state travel reqnests for elected oflleial:
Commissioner. Pet. 2:
1) Ratify change in travel dates for Commissioner Prestage to Phoeois, Arizona from
July 15 through July 21, 2004, to attend the Natlolllll Association of Counties Annual
Conference and Exposition. (Fund: 072-4014)
2) Commissioner Prestage to Washington, D.C., September 8-16, 2004, to attend the
NACO Steering Committee, CBCF Annual Legislative Conference, alld NACO Large
Urban County Caucus meetings. (Funds: 072-4014 and 045-4014)
B. Approve out-of-state travel requests for County personnel:
1) Auditor: Ratify travel by Ed Sturdivant and Lawrence Holub (MIS) to OIdahoma
City, Oklahoma on August 9, 2004 for software site visit and demonstration. (Fund:
042-4014)
2) EmergenCY Management:
Change in travel date for Jeff' Braun to Milwaukee,
Wlseoosin, from September 11-15,2004, to attend the Urban Area Security Initiative
Conference. (Fund: 046-4014)
3) Engineering: WiUlam (Bill) Petty to Miami, Florida, September 5-11, 2004, to attelld
the 19th Hazardous Materlals Management Conference (NABMMA) on Household
and Small Business Waste. (Fund: 043-4014)
7.
COMMISSIONER. PCT. 4: Approve transfer in the amount of $3,257 from Fees and
Services (074-4010) into line items as detailed on Commissioner's form dated August 4, 2004,
to aIIoeate fonds for part-time assistanee for the Fort Bend County Fresh Water Supply
Distriet No.2.
8.
COMMUNITY DEVELOPMENT: Approve transfer in the amount of $14.819 from Sales
Proceeds into Program Income line items as detailed 00 Auditor's form dated Augast 4, 2004,
to amend the budget porsuot to Local Government Code §111.0706 to allocate refuuds
reeeived from program participants.
9.
COUNTY ATTORNEY:
Approve paymeot by Invoiee Trausmlttal in the amouot of
Sl,417.57 to Lewis Realty Advisors for serviees provided without a purchase order related to
the Burlington Northern and Santa Fe Railway matter. (Fund: 0Ill-054-0540-4010)
2
August 10,2004
10.
DISTRICT ATTORNEY:
Approve the Amended Resoludon Coneerning the Violence
AgaInst Women Prosecutor Grant and Violence Against Women Invesdgator Grant to
include an addidonal sentence requested by the Criminal Justice Division.
11.
ELECTIONS ADMINISTRATION: Approve transfer in the amount of 53,654 from Fees
and Services into Une items as detailed on Administrator's form dated August 4, 2004, to
allocate addidonal tUnds resuldng from overdme required during 2004 primary and ruDOfl'
elecdons.
12.
ENGINEERING:
A. Approve Pay Esdmate No.7 in the amount of $6,615.80 to Conrad Construction Co., Inc.
for the West BeMort improvements from SH 6 to Burney Road, Mobillty Dond Project
118,Pct. 3.
B. Approve payment of Invoice No. 914 in the amount of 51,644.86 to PAS Property
Acquisidon Services, Inc. for various Right-of-Way acquisidons in Precincts 1, 2, 3, and
4. (Fund: 042-7009)
C. Approve payment of Invoice No. 6 in the amount of 5162,981.00 to Brown & Gay
Engineers, Inc. for Diagrammatie and Environmental Assessment Study regarding Fort
Bend Parkway (SH 122), Segment B, MobiUty Dond Project 1182,Pets. 1 and 2.
D. Approve payment of Invoke No. 30707 in the amount of 5900 to Contrad Land Stall', Inc.
for work related to the West BeUfort Feasibility Study, Pct. 4. (Fund: 0ICl-043-0430-4010)
E. Approve applicadon from Consolidated Communlcadons to bore under and bury cable
along Fry Rd., Pet. 3.
F. Approve application from Verizon to bore under and bury cable along Renfrow-Burford,
Ivy Lane and Cypress Avenue, Pct. 1.
G. Approve applicadon from Lone Star Construction to construct a driveway de-in onto
Bluebonnet Dr., Pet. 2.
H. Approve applicadon from SBC to bury cable along Vernoa Frost Rd., Pct. 3.
I. Approve applicadon from Cypress E&P Corporadon to construd a driveway de-in onto
Evans, Pct. 1.
J. Approve release of Perform&uce Doad #104243237 in the amount of 55,000 to Teppco
Crude PipeUne, LP for proposed driveway on Fnlshear Katy not to be coastruded,
Permit 1182791,Pet. 3.
K. Aecept the streets In Grand Lakes Phase 4, Secdon 1 and release bond #6124025 in the
amount of $655,600.00, Pct. 3.
Grand Trace Lane
1,IU.78 LF
South Lakeblnfl' Circle
613.34 LF
North Lakeblufl'Cirele
856.93 LF
Hollow Trace Lane
45.56 LF
Briar Summit Lane
515.42 LF
Cloverfalls Lane
253.46 LF
BeDHollow Lane
1,438.86 LF
Arrowbrook Court
184.63 LF
Alder Springs Court
103.05 LF
Alder Springs Lane
826.97 LF
R1vermoss Lane
683.97 LF
TraUstone Lane
7U.65 LF
ShadowcUfl'Lane
Ul,51 LF
TOTAL:
7,589.13 LF
3
August 10,2004
Item 12 continued - Engineering;
L. Approve the plat for Canyon Fields Drive 81: Reese Lake Drive STD, Pct. 3.
M. Approve the plat for Teal RUB,SectiOB17, Pct. 1.
N. Approve the plat for Lost Creek, Section 1, Pet. 3.
O. Approve acceptiBg a ClIShier's Check #4867127188 (lIS a security), in the lIDIOuutof
510,000.00 from Cypress E 81: P Corporation for damages that may be sastained to any
roads (EvaBSRoad), whUe operatiug equipment in Fort Bend Couuty, Pet. 1.
P. Set public hearing for acceptance of the traftie control plan for Grand Lakes Phase 4,
Section I, Pet. 3. (Tuesday, September 7, 2004, at 1:00 p.m.)
Q. Set public bearing for Kingsbridge Estates Partial Replat being a replat of restricted
reserve "A" of Kings bridge Estates, Pet. 3. (Tuesday, September 14,2004, at 1:00 p.m.)
13.
FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO.1:
The Board of
Directors of the Fort Bend County Fresh Water Supply District No. 1 reviewed this item at
their regular meeting on Juue 15, 2004 and made the foUowiRg recommendatious to
CommissioBel'll Court: Authorize payment of Invoice No. 5 in the lIDIount of 526,328.26 to
Carter Burgess, Inc. for professional services rendered through May 28, 2004. (Fund: 010042-M03A-2000-4010)
14.
FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO.2:
The Board of
Directors of the Fort Bend County Fresh Water Supply District No.2 reviewed this item at
their regular meeting on July 20, 2004 and made the foUowing recommeudatious to
Commissionel'll Court: Authorize payment of Invoice No. 75939 in the amount of530,756.81
to Pate Engineers, Inc. for professional services rendered throngh May 25, 2004. (Fnnd: 010042-M03B-2000-4010)
15.
FORT BEND COUNTY TOLL ROAD AUTHORITY: The Board of Directors of the Fort
Bend Connty Toll Road Authority reviewed these items at their regular meetiug held on July
21,2004 and makes the foUowing recommendatioas to Commissioners Court:
A. Approve utiDty relocation agreement witll now Pipeline Company in an amonnt not to
exceed $463,758 for the Westpark Corridor Project.
B. Approve ChaBge Order Number 2 for a 6O-day time exteasioB to contract AOOIwith
W.W. Webber, Ine. for the Fort Bend Parkway Corridor, Project A.
C. Approve Chauge Order Numbel'll 2, 3, 4 (for a 6O-day time exteosiou) and 5 to contract
A023 with W.W. Webber, Ine. for the Fort Bend Parkway Corridor, Project A.
D. Approve Change Order Number 3 for a 9O-day time exteasion to contract A045 with
W.W. Webber, InCofor the Fort Bend Parkway Corridor, Project A.
E. Approve Change Order Number 1 with Jerdon Enterprise, L.P. in the lIDIount of
59,758.76 for the Fort Bend Parkway Corridor, Project A.
F. Approve Chauge Order Numbers I, 2, 3, and 4 to contract with SpawGlass CivU
Construetion, InCofor the Fort Bend Parkway Corridor, Project A.
16.
FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION: The Board of
Directors of the Fort Bend Flood Control Water Supply Corporation reviewed these items at
their regular meeting on July 28, 2004, and made tile foUowing recommendation to
Commissionel'll Court: Authorize payment for work performed by cousnltants and/or
contractors listed on Board Report dated July 28, 2004, for an amount totaling 561,105.38 for
Big Creek. (Fund: 265-006-4010)
4
August 10. 2004
17.
A. Accept grant funds in tbe amount of $15,000 from tbe Texas Engineering Extension
Serviee for FY 2004 Citizens CORPS Program (CERT) for use tbrougb September 30,
2005.
B. Accept grant funds in the amount of 537,998 from the Department of State Healtb
Services (formerly Texas Department of Healtb) for FY 2005 Triple 000 Grant
Amendment, for use tbrougb August 31, 2005.
18.
HEALTH & HUMAN SERVICES - ENVIRONMENTAL HEALTH:
A. Approve Interlocal Agreement between Fort Bend County and Houston Galveston Area
CouncD to accept grant funding in tbe amount of $80,657 for local enforcement of solid
wll8te implementation program for tbe term of September 1,2004 through July 31, 2005.
B. Approve transfer In tbe amount of $6,800 from IT Hardware Purchases (010-031-03121400-1012) into Capital Property & Equipment (010-031-0312.1400-1011) to aUocate
fnnds for purcbase of equipment into proper line item.
C. Approve trausfer in tbe amount of $16,300 from Property and Equipment (010-031G04A.I400-1010) Into Capital Property & Eqnipment (010-031-G04A.I400-1011) to
allocate funds for purcbase of equipment into proper line item.
19.
LffiRARY: Approve final payment by Invoice Transmittal in the amount of $8,220.22 to
Reliant Energy for electric utility services provided to tbe Cinco Rancb Brancb Library from
July 2 tbrougb Jnly 27, 2004. (Fund: 010-030-2000)
20.
SHERIFF'S OFFICE:
A. Approve payment by Invoice Transmittal In tbe amount of $18.78 to Corporate Exchange
Limited for replacement keys made witbout a purchase order. (Fnnd: 151-027·27033000)
B. Approve transfer In the amount of 53,250 from Detention Communications Equipment
(010-027-6271-6026) Into IT Hardware (010-027-0271-1012) 53,000 and Software (010027-0271-3040) $250 to allocate funds for purcbase of computer equipment and software
to attacb to tbe new T-1 line In tbe jalL
C. Approve transfer in tbe amonnt of $1,112 from State Reimbursement (010-027-G04CSTAT) Into line items as detailed on Auditor's form dated August 4, 2004, to amend tbe
budget punuant to Local Government Code §111.0706 for additional reimbursement
received on tbe Statewide Tobacco Education and Prevention (STEP) grant received
from Sontbwest Texas State Unlvenlty, to be administered by tbe Sberiff's Oftlee.
21.
TAX ASSESSOR/COLLECTOR:
A. Approve refunds over $500 as detaDed on reports by Tax Assessor/CoUeetor dated
August 3, 2004, for an amonnt totaling $1,686.02.
B. Approve transfer In the amount of $1,697 from 0fIIee Supplies (010-003-0030-1062) Into
IT Hardware (010-003-0030-1012) $1,465 and IT Software (010-003-0030-3040) $232 to
allocate funds for purchase of computer equipment and software for tbe Automobile
Department in Ricbmond oftiee.
Moved by Commissioner Meyers. Seconded by Commissioner Stavinoha, duly put and
unanimously carried (5.0), it is ordered to approve consent agenda items 6-21.
Judge Hebert
Commissioner Meyers
yes
yes
yes
5
yes
yes
August 10.2004
22.
COUNTY JUDGE:
A. Take aU appropriate al:don on InterlOl:8l Agreement between Fort Bend County and
Houston-Galveston Area Counl:ll for Regional Emergen\:yfI'rauma Care Planning and
Coordinating Program in the amount of $3,000, for the term of January I-September 30,
200s. (Fund FY 200s: 045-4010)
unanimously carried (5-0), it is ordered to approve Interlocal Agreement between Fort Bend
County and Houston-Galveston Area Council for Regional Emergencyfl'rauma Care Planning and
Coordinating Program in the amount of $3,000, for the term of January I-SePtember 30, 2005.
(Fund FY 2005: 045-4010)
Judge Hebert
yes
yes
yes
Commissioner Meyers
yes
yes
B. Take aD appropriate Kdon on Resoludon iD support of Fort Bend County's projed
submittal to the 2006-2008 Transportadon Improvement Program for the HoustonGalveston Area ConKD, and authorize applkadon by the County for grant funds for the
5307 Program.
Moved by Commissioner Meyers, Seconded by Commissioner Patterson. duly
unanimously carried (5-0), it is ordered to approve Resolution in support of Fort Bend
project submittal to the 2006-2008 Transportation Improvement Program for the
Galveston Area Council, and authorize application by the County for grant funds for
Program.
Judge Hebert
yes
yes
yes
Commissioner Meyers
put and
County's
Houstonthe 5307
yes
yes
C. Take all appropriate 8I:don to adopt a Resoludon iu support of Community Mental
Health Mental Retardadon Centers in the State of Texas.
Moved by Commissioner Patterson, Seconded by Commissioner Stavinoha, duly put and
unanimously carried (5-0), it is ordered to adopt a Resolution in support of Community Mental
Health Mental Retardation Centers in the State of Texas as presented by J.C. Whitten, Texana
MHMR Board Member.
Judge Hebert
yes
yes
yes
Commissioner Meyers
6
yes
yes
August 10.2004
Item 21 continued - County Judge;
D. Take all appropriate
action to expand the Fort Bend County Mobility Planning
Committee by five members, eacb of wbich wiD be appointed by ODe member of the
Moved by Commissioner Patterson, Seconded by Commissioner Meyers, duly put and
unanimously carried (5-0), it is ordered to expand the Fort Bend County Mobility Planning
Committee by five members, each of which will be appointed by one member of the
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
E. Take all appropriate action to appoint Dennis Parmer to the Fort Bend County Mobility
Planning Committee by Judge Hebert, and other appointees by Commissioners.
unanimously carried (5-0), it is ordered to appoint Dennis Parmer to the Fort Bend County
Mobility Planning Committee by Judge Hebert and other appointees by Commissioners.
Judge Hebert
yes
yes
yes
Commissioner Meyers
yes
yes
F. Take all appropriate action on Order to Fort Bend County ToO Road Authority
establishing the toll rate schedule for the Fort Bend Parkway.
Judge Hebert reported his findings regarding the ability of school buses to use EZ TAG.
G. Take all appropriate action to adopt the Resolution, Certificate of Resolution. and
General Certificate of Governiug Body Approving the Fort Bend Couuty Honsing
Finance Corporation Single Family Mortgage Revenue Bonds, Series 2004.
unanimously carried (5-0), it is ordered to adopt the Resolution, Certificate of Resolution, and
General Certificate of Governing Body Approving the Fort Bend County Housing Finance
Corporation Single Family Mortgage Revenue Bonds, Series 2004 (no fmancial liability to the
county).
Judge Hebert
yes
yes
yes
Commissioner Meyers
7
yes
yes
August 10, 2004
23.
COMMISSIONER, PCT. 2:
A. Take all appropriate aetion on request by Doris G. Henson to waive penalty and interest
in the amount of 5326.07 on property taxes for Account No. 4300-0D-004-0S00-910 for tax
year 2003, Pet. 2.
Postpone until August 24.
B. Take aU appropriate aedon on request by Marvin SebulmaR to waive penalty aRd interest
in tbe amount of $79.69 on property taxes for ACCoRntNo. 2775-00-002-9260-910 for tax
year 2003, Pet. 2.
Moved by Commissioner Prestage, Seconded by Commissioner Stavinoha, duly put and
unanimously carried (5-0), it is ordered to approve request by Marvin Schulman to waive penalty
and interest in the amount of $79.69 on property taxes for Account No. 2775-00-002-0260-910 for
tax year 2003. Pet. 2.
Judge Hebert
24.
yes
yes
yes
Commissioner Meyers
yes
yes
AUDITOR: Take all appropriate aedon to approve the Engagement Letter to Sandenen
Knox & Belt LLP to perform audit of Fort Bend County FY 2004 financlal statemenu.
(Fund: 045)
unanimously carried (5-0), it is ordered to approve the Engagement Letter to Sandersen Knox &
Belt LLP to perform audit of Fort Bend County FY 2004 financial statements. (Fund: 045).
Judge Hebert
25.
yes
yes
yes
Commissioner Meyers
yes
yes
COUNTY ATTORNEY:
Take aU appropriate aetIon on reqnest to transfer the
amount of $81,313 from Non-Departmental CORtingeney (045-4040) into County Attorney,
Fees and Serviees (054-4010) to allocate fURds for final payment of ouulde legal fees for
Cause No. 17.181, as authorized by Commissioners Court on August 3, 2004.
Moved by Commissioner Stavinoha, Seconded by Commissioner Meyers, duly put and
unanimously carried (5-0), it is ordered to approve request to transfer the amount of $81,313 from
Non-Departmental Contingeney (045-4040) into County Attorney, Fees and Services (054-4010) to
allocate funds for final payment of outside legal fees for Cause No. 17.181, as authorized by
Commissioners Court on August 3, 2004.
Judge Hebert
yes
yes
Commissioner Meyers
yes
8
yes
yes
August 10, 2004
26.
DISTRICT CLERK:
Take all appropriate
action on request to transfer the amouut of
$28,060 as detailed on Dlstriet Clerk's form dated August 4, 2004, to allocate funds into
Overtime and Part-Time line items due to increased work load through September 30, 2004.
Moved by Commissioner Patterson, Seconded by Commissioner Stavinoha, duly put and
unanimously carried (5-0), it is ordered to approve request to transfer the amount of $16,755 from
District Clerk Budget and $11,305 from Contingency to allocate funds into Overtime and PartTime line items due to increased work load through September 30, 2004.
Judge Hebert
27.
yes
yes
yes
Commissioner Meyers
yes
yes
ELECTIONS ADMINISTRATION:
A. Take an appropriate
workers as presented
aetlon to authorize pay rates for various categories
of election
by Elections Administrator to become effective October I, 2004.
Moved by Commissioner Stavinoha, Seconded by Commissioner Patterson, duly put and carried
(3-0.2), it is ordered to authorize pay rates for various categories of election workers as presented
by Elections Administrator to become effective October I, 2004.
Judge Hebert
yes
abstain
yes
Commissioner Meyers
abstain
yes
B. Take all appropriate action on reqnest to re10eate county eariy voting site from Areola
City Hall to mghtower mgh Sehool.
Moved by Commissioner Stavinoha, Seconded by Commissioner Meyers, duly put and carried
(4-1), it is ordered to approve request to relocate county early voting site from Arcola City Hall to
Hightower High School.
Judge Hebert
yes
yes
no
Commissioner Meyers
yes
yes
C. Take all appropriate aetlon to approve early voting locations and sehedule as presented
by Elections Administrator for the November 2, 2004 general election.
Moved by Commissioner Meyers, Seconded by Commissioner Stavinoha, duly put and carried
(4-1), it is ordered to approve early voting locations and schedule as presented by Elections
Administrator for the November 2, 2004 general election.
Judge Hebert
yes
yes
no
Commissioner Meyers
9
yes
yes
August 10.2004
28.
ENGINEERING:
A. Take aU appropriate
action to ac:c:ept the easement from Cinco Ranch Residential
Property A8s0c:iation, Inc. (the "A8soc:iation") to Fort Bend County, Texas for the
construction of a noise waD by the Texas Department of Transportation
along Teus FM
1093 at no expense to the County, Pet. 3.
unanimously carried (S-O), it is ordered to accept the easement from Cinco Ranch Residential
Property Association, Inc. (the "Association") to Fort Bend County, Texas for the construction of a
noise wall by the Texas Department of Transportation along Texas FM 1093 at no expense to the
County, Pet. 3.
Judge Hebert
Commissioner Meyers
yes
yes
yes
yes
yes
B. Take aU appropriate action to approve the Advanced Funding Agreement between Fort
Bend County and Texas Department
of Transportation
to perform preliminary
engineering/environmental
analysis regarding FM 723: north of Brazos River to FM
1093, for amount not to exceed 5150,000, MoblUty Bond Project #54, Pets. 1 and 3.
Moved by Commissioner Stavinoha, Seconded by Commissioner Meyers, duly put and
unanimously carried (5-0), it is ordered to approve the Advanced Funding Agreement between Fort
Bend
County
and
Texas
Department
of Transportation
to perform
preliminary
engineering/environmental
analysis regarding FM 723: north of Brazos River to PM 1093, for
amount not to exceed SISO,ooO, Mobility Bond Project #54, Pets. 1 and 3.
Judge Hebert
yes
yes
yes
Commissioner Meyers
yes
yes
C. Take aU appropriate aetlon on the proposal to Fort Bend County by Trame Engineers for
trame study for State Highway 36 at proposed Fairgrounds Boulevard, as required by
Texas Department of Transportation,
Pet. 1, and determine funding source.
Moved by Commissioner Stavinoha, Seconded by Commissioner Prestage, duly put and
unanimously carried (S"(), it is ordered to accept the proposal to Fort Bend County by Traffic
Engineers for traffic stody for State Highway 36 at proposed Fairgrounds Boulevard, as required by
Texas Department of Transportation, Pet. I. (Funding: 010-04S-0456-1200-4010)
Judge Hebert
yes
yes
yes
Commissioner Meyers
10
yes
yes
August 10.1004
29.
applleatioD for FY 100s Bioterrorism PreparedDess GraDt.
actioD to ratify
prelimlDary
unanimously carried (5-0), it is ordered to ratifY preliminary application for FY 2005 Bioterrorism
Preparedness Grant.
Judge Hebert
30.
yes
yes
yes
yes
yes
Commissioner Meyers
PURCHASING:
actiOD to consider grantiDg aD esemptioD to the
competitive hid process as aDthorized by Local GovernmeDt Code §161.O:Z4(a)(7) fir the
purchase of aD ltem(s) available from a slDgle source for the followiDg:
A. AgreemeDt betweeD Fort BeDd COUDty and VOTEC CorporatioD for aD amouDt Dot to
exceed 533,949 for software malDtenaDce aDd support. (FuDding: Elections 4010)
unanimously carried (5-0), it is ordered to grant an exemption to the competitive bid process as
authorized by Local Government Code §262.024(aX7) and approve Agreement between Fort Bend
County and VOTEC Corporation for an amount not to exceed $33,949 for software maintenance
and support. (Funding: Elections 4010)
Judge Hebert
yes
yes
yes
Commissioner Meyers
yes
yes
B. AmbulaDce module remouDt from Frazer, LTD for an amount Dot
to exceed 531,410.
(FundiDg: EMS 1010510,895 aDd 4010 511,515)
Moved by Commissioner Patterson, Seconded by Commissioner Meyers, duly put and
authorized by Local Government Code §262.024(aX7) for the purchase of an ambulance module
remount from Frazer, LTD for an amount not to exceed $32,410. (Funding: EMS 1010 $10,895 and
4010 $21,515)
Judge Hebert
yes
yes
Commissioner Meyers
yes
yes
yes
C. SUbUceDse Agreement between Fort BeDd COUDty aDd EMSystem
exceed $26,179. (FuDdiDg: HHS G04A-4010)
for au amount Dot to
authorized by Local Government Code §262.024(aX7) and renew Sublicense Agreement between
Fort Bend County and EMSystem for an amount not to exceed $26,179. (Funding: HHS G04A4010)
Judge Hebert
yes
yes
yes
Commissioner Meyers
II
yes
yes
August 10, 2004
31.
TREASURER:
Take all appropriate action on request to transfer the amount of $28,000
from Non Departmental
Contingeney (045-4040) into Treasurer, Fees and Services (0064010) to allocate additional funds for services provided to the County by Southern National
Bank through September 30, 2004.
Moved by Commissioner Meyers, Seconded by Commissioner Patterson, duly out and
unanimously carried (5.0), it is ordered to approve request to transfer the amount of 528,000 from
Non Departmental Contingency (045-4040) into Treasurer, Fees and Services (006-4010) to
allocate additional funds for services provided to the County by Southern National Bank through
September 30. 2004.
Judge Hebert
32.
Commissioner Meyers
yes
yes
yes
yes
yes
Approve Bills.
unanimously carried (5-0), it is ordered to approve bills in the amount ofSl,605,672.70.
Judge Hebert
33.
yes
yes
yes
Commissioner Meyers
Authorize County Auditor to pay and release time-setlSltive
ratified by Commissioners Court on August 24, 2004.
yes
yes
bills on August 19, 2004, to be
unanimously carried (5-0), it is ordered to authorize County Auditor to pay and release timesensitive bills on August 19, 2004, to be ratified by Commissioners Court on August 24, 2004.
Judge Hebert
yes
yes
yes
Commissioner Meyers
yes
yes
Recess.
Recessed at 1:44 p.m.
34.
Meet in Closed Session to deliberate the following matters as autborlzed by the Texas
Government Code:
§ 551.074. Personnel Matters. Commissioners Conrt will meet In Closed Session to
deliberate tbe appointment,
employment, evaluation, reassigument,
duties, discipline, or
dismissal of a public oftleer or employee; or to bear a complaint or charge against an officer
or employee.
County Librarian.
Closed Session.
Convened at 2:00 p.m.
Adjourned at 2:43 p.m.
12
August 10,2004
Reconvene.
Reconvened at 2:45 p.m.
35.
Reeonvene Open Session and consider taking action on the following matters:
§ 551.074. Personaei Matters.
County Librarian.
Completed annual perfonnance review of County Librarian.
36.
Adjournment.
Commissioners Court adjourned at 2:45 p.m. on Tuesday, August II, 2004.
13
August 10. 2004
DRAINAGE DISTRICT BOARD MINUTES
BE IT REMEMBERED. That on this 10th day of AUGUST, 2004, The Drainage District Board ofFort
Bend County, Texas, met at a scheduled meeting with the following present:
ROBERT E. HEBERT
COUNTY JUDGE
TOMD. STAVINOHA
COMMISSIONER PRECINCT # 1
GRADY PRESTAGE
COMMISSIONER PRECINCT #2
ANDY MEYERS
JAMES PATTERSON
DIANNE WILSON
COUNTY CLERK
DAN GERKEN
DRAINAGE DISTRICT MANAGER
When the following were heard and the following orders were passed:
J.
Catlto Order.
Call to Order at 1:10 p.m. by Judge Hebert.
2.
Aeeept Monthly Report for June, 2004.
unanimously carried (5-0), it is ordered to accept monthly report for June, 2004.
Judge Hebert
3.
Commissioner Meyers
yes
yes
yes
yes
yes
Take aU appropriate aetion on Engagement Letter to Sandenen KBox & Belt to perform
audit of the Fort Bend County Drainage DIstrict 2004 finaneial statement. (Fund: 151)
unanimously carried (5-0), it is ordered to approve Engagement Letter with Sandersen Knox & Belt
to perform audit of the Fort Bend County Drainage District 2004 financial statement. (Fund: 151)
Judge Hebert
4.
Commissioner Meyers
yes
yes
yes
yes
yes
Adjournment.
Moved by Commissioner Meyers, Seconded by Commissioner Stavinoha, duly put and
unanimously carried (5-0), it is ordered to adjourn the Drainage District Board at 1:11 p.m. on
Tuesday, August 10,2004.
Judge Hebert
yes
yes
yes
Commissioner Meyers
I
yes
yes
AS PER ORIGINAL
th
seventy-four soldiers of the B Company, 4th Battalion, 112 Armory of the
Texas National Guard based in Rosenberg have been called up to take part in Operation
Freedom Iraq
and
WllEREAS,
m;
WHEREAS, twenty-one of these seventy-foU! soldiers are from Fort Bend County; and
WHEREAS,
this Unit makes up about 90% of the soldiers at the Rosenberg Annory
and will be a part of the 56th Brigade, 3~ Infantry; and
WHEREAS, the Texas Unit will be among the third rotation of troops to be deployed to
this Middle Eastern country since the Iraq War began; and
WHEREAS, members of the Rosenberg Unit will ship out at 8:30 a.m. on Thursday,
August 19,2004, for Fort Hood in Killeen, Texas, where they will get special training for
four to six months before they are sent to Iraq.
NOW, THEREFORE,1, Robert E. Hebert., County Judge of Fort Bend County, do honor
the patriotic service of these soldiers, and further proclaim the week of August 17, 2004
And urge all citizens to honor the dedication of these young men and women who are
committed to serve and defend our country, and to pray for their safe i'etUI1l to our shores,
and to their loved ones.
Robert E. Hebert,
County Judge
390nr OJ
FORT BEND COUNTY ENGINEERING
Fort Bend County. Texas
July 20, 2004
Commissioner W. A. "Andy" Meyers
Fort Bend County Precinct 3
1809 Eldridge Road
Sugar Land, Texas 77478
RE:
Lakemont, Section 2 .Tramc Control Plan
Dear Commissioner:
Fort Bend County Engineering has completed and recommends approval of the traffic control plan
for the above referenced subdivisions. The public hearing date for acceptance of the plans is
scheduled for August 10, 2004.
A copy of the traffic control plan is attached for your review. If you should have any questions,
please gi ve me a call.
Sincerely,
~>(~
Steven L. Evans
Assistant to County Engineer
SLElmjs
cc:
Judge Robert E. Hebert, County Judge
Marc Grant - FBC Road & Bridge
Marc Grant - Signage Department
File
P.O. Box 1449 • 1124 Blume Road,
1:\ WPDAT A\LElTERS\TRAFSTU
Rosenberg. Texas 7747 t • (28 t) 633-7500
0\0202607 ~ _to 1.wpd
• Fax (28 t) 342-7366
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Fort Bend County Engineering Dept.
1124 Blume Road
Rosenberg, Texas 77471
STOP SIGN (RI-I)
STR[[T
'JITH
NAME SIGN (OJ-I)
35 M.P.H. SPEE:D LIMIT
SIGN (RZ-I)
30 M.P.H. SPEED LIMIT
SIGN (R2-1)
Name on"
ProjKI
RIGHT LANE (NOS
LAN(
(NOS
AcId....
SIQN (\o'9-IR)
Lakemont Subd.
Control Map and
Street Sign Layout
MERGE LErT
SIGN (W9-2U
ADVANCE TO CROSS'JALK
SiGN (\1110-2)
CROSS\iALK
SIGN (\llIo-i!)
The purpose of
this traffic
Drown By:L. Brdecko
contro(
plan is to establish traffic
LakeMont, section
2.
control
Sheet
Dote: 7-20-04
STREET NAME SIUN <OJ-I)
for
Approved By:S. Evans
Dote: 7-20-04
Scole
1" = 200'-0"
Sec. 2
Fort Bend County, Texas
July 22, 2004
Commissioner W, A, "Andy" Meyers
1809 Eldridge Road
RE:
Seven Meadows, Section 9 .Traffic Control Plan
Dear Commissioner:
Fort Bend County Engineering has completed and recommends approval of the traffic control plan
for the above referenced subdi visions, The public hearing date for acceptance of the plans is
scheduled for August 10, 2004,
A copy of the traffic control plan is attached for your review. If you should have any questions,
please give me a call.
Sincerely,
Steven L. Evans
SLElmjs
cc:
Judge Robert E. Hebert, County Judge
Marc Grant - FBC Road & Bridge
Marc Grant - Signage Department
File
P.O. Box 1449 • 1124 Blume Road • Rosenberg. T ~.\as 77471
1:\WPDATA\LETfER~'\TRAFSTUD\02157074_tOl.
wpJ
• (~81) 633-7500
• Fax ('~8J ) 342-7366
.... -$[V(N IOIIIIIS, LP.
A l(XAS L1NIT£) PMIILIlSHIP
l4~~S
1124 Blume Road
LEGEND
STDP SIGN (Rl~l> \11TH
STlKEY NAME SIGN (D3-1>
ST~
SIGN CRH)
Seven Meadows Subd.
Control Map and
Street Sign Layout
KEEP RICiHT SIGH C124-7a)
DO NOt ENtER SlGl tR!l-»
The pUl"pose of
this trnffic
control
Drown By:L. Brdecko
Sheet
Date: 7-21-04
plan is to establish traffic
for
Seven
control
Meaalows.section 9.
Approved By:S. Evans
Dote: 7-21-04
Scale
1" = 200'-0"
Sec. 9
88/82/21'l1'l4
.
";
18: 38
2814838889
CO.'SS,ONERS
,
,
'~~"~1
COURT AGENDA REQUEST FORM
RE'11lRN TO: AQENCA ccalUNA1'ClR
OATE 9lJI!III'T"I'm
#~\::: 1\1U A
COMMISSIONER
FORT BEND COUNTY
• CGUHTT JUDGE'S
QFFIC:i;
""8_' IEDBY'Pamela
=11',,*1...,.:
072
0 2/2 4/ 04
281-403-8000
PHaNE~
COURT AGI!!NDA DAn::
1'0019
liD '.RY0"11'&11,
ll.eeol:Cl
in~o tne m1nU1:elil, out.-Qf-stat.e travel fOr
Commissioner
prestaq~ to att:end the NACo Annual
conference & Exposition in Phoenix. ~izona
07/16-20/2004.
WdDlAL
<:oN1'R'\Cl1......
l.I8T SuPPORTiNG COe:.;
"'iT.
Fund 072-4014
V. ()
Ng ( )
PLEASE RATIFY
07/15
- 07/21-
ns ATTN::' ....
TRAVEL
TO
.
FINANCIAL
SU-.vu':
Y_( I No( I
NtA(1
OM''-
(I
As lill.
()
NtA
I )
0I'!pI!!!1 Form Submm.d wlttI bllck "p to Coun~ JWp'. otIlcII: I
CC WIth Nck ul':
I I Audnar
( t fJUdgE
t ) County
( I ..... iCl
I ICounty
1.
2.
I •d
O~j"'Iic:w"'"
AUDrney
Ing AQent
CI.rIt
(281-341.37741
(281· 3" 3'51)
(281-341-4517)
(281-341 ..... )
(2111-341~
)
(.; when com....
(
1 C-.
(
) CoInm- Pet. 2
Pet. 1
t
Ic_Pct.3
(
) Ccmm.
Pet ...
1
(21103012..01117)
(2tH .... IIIDII
12l1-:M2'9lI'lI)
(21'1 1110-8077)
COMMISSIONER j~T?-2~
08/04/2004 15:05
~~
1"',ucNOA \TF~JI
01/01
FOfU BEND COUNTY
COMMISSIONERS COURT AGENOA REQUEST FORM
I
RETlJRN TO~ AGeNDA COORPINATOR - COUNTY JUDGE'S OFFICE
I
DAn:SUBMmeD:
SUBMITTED
BY: Pamela
08/04/04
Poole
DEPARTMENT: 072
PHONENQ.: 281.403.8000
COlJRTAGI!I'lPA
DATI:: 08/ 10/04
Record into the minutes, out-of-state travel
for 'Commissioner Pre$taqe to attend NACO
Steering Committee Chair Retreat,
CBCF
Annual Legislative Conferenc and NACO Large
Ve" ()
No (X) urban
county Caucus Retreat in
RaNewALCONTRACTMGREEMENT:
washington, DC. 09/08-09/16/04.
Funds 072-4014 & 045-4014
UST SUPPORnNG DOCUMSITS ATTACHED:
SUMMARY OF ITEM:
REVISED.
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ( ) No I I
ANNUALIZED gaLLARS:
N/A ( )
Fund
Funding Sou"'il:
AgellCly
Object
Orialnal
Eor;m Submitted
One Time
COMMENTS:
()
Recun'l"ll
NlA
()
(
wlUl back up tD County Judge's
CC with back up:
( ) Auditor
( ) Budget Officer
( ) County Attamey
(
) Purchasing Allent
(
) County Clerk
(281-341-3774)
(281-344-31154)
(281-341-4557)
(281-341-eKa)
(2111.341~17)
)
offl"", ( ) (';
(
when completed)
) Comm. Pet. 1
{ I Comm. Pe:t. 2
(
) CQIML Pet. 3
(
) Corom. Pet 4
(281-342-8587)
(;2111-403-11009)
(281.242·9060)
(281-ll80-9077)
InstrUctlolllt for 8Ubmlltinljl "'" Agillnda ReQIU!5t:
2.
Compltaly 1111
out .. elide form, Incomp1l!M torme will not be proc_-d,
p"" or lnter-offlce CDpies of e""ltde to,,", wIlli 1I1111SClcup Jnfarm8t1on by We<!lIetoday at 2:0D p.m. lA
3.
the dep,utmenlill liSted II!llW"'·
Alf OtIglnlll ","k-up must be rmoelved In IIle Collllty JUdg-
1.
OfI'leelly 2:110p.m. on Wednellldllly.
RECOMMENDATION I ACTION REQUESTED:
ess'l!
eo sa unr
FORT BEND COUNTY.''', '.," (,_!
COMMISSIONERS COURT AGENDA REQUEST FORM
RETURN TO: AGENDA COORDINATOR - COUNTY JUDGE'S OFFICE
DATE SUBMITTED:
SUBMITTED BY: Ed Sturdivant
DEPARTMENT: Auditors Office
PHONE NO.: 281-341-3769
07-21-04
COURT AGENDA DATE: 07-27-04
AGENDA
#G,Bi
SUMMARY OF ITEM:
Approve out of state travel for Ed Sturdivant (Auditor's Office) and Lawrence Holub (MIS) August 9,
2004 to Oklahoma City, Oklahoma for software site visit and demonstration.
RENEWAL CONTRACT/AGREEMENT:
Yes ()
No
(X)
LIST SUPPORTING DOCUMENTS ATT ACHED:
FINANCIAL
SUMMARY:
Yes (X)
No()
N/A ( )
Funding Source:
Fund 010 Agency 042 Org M04A Object 4014
Original Form Submitted
COMMENTS:
ANNUALIZED DOLLARS:
BUDGETED ITEM:
OneTime
( )
Recurring
()
N/A
(
)
with back up to County Judge's Office: [gJ ( ".. when completed)
CC with back up:
[gJAuditor
[gJBudget Officer
[gJCounty Attorney
DPurchasing
Agent
[gJCounty Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
[gJComm.
[gJComm.
[gJComm.
[gJComm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
Instructions for submitting an Agenda Request:
1.
2.
3.
Completely fill out agenda form, incomplete forms will not be processed.
Fax or inter-office copies of agenda form with all back up information by Wednesday at 2:00 p.m. to
the departments listed above.
All original back-up must be received in the County Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION / ACTION REQUESTED:
FORT BEND COUNTY
/.i,(Jl:i\lOA
RETURN TO: AGENDA COORDINATOR
COURT AGENDA DATE: August 10, 2004
--
OFFICE
SUBMITTED BY: Jeff D. Braun
DEPARTMENT:
Emergency Management
PHONE NO.: (281) 342-6185
August 4, 2004
DATE SUBMITTED:
- COUNTY JUDGE'S
ITF~tf
>/3 #046
(p ~
SUMMARY OF ITEM: Add one day for flight schedule September 11-15,20004. Request by Emergency Management
Coordinator to attend tbe (UASI) Urban Area Security Initiative conference in Milwaukee Wisconsin on September 11-15,2004.
This conference will bring together UASI Program participants from the federal, state, and local levels. This conference offers
urban area, port, mass transit, and officials the opportunity to discuss national programs and emergency preparedness efforts in
the areas of prevention, response, and recovery. This item was Approved at Commissioners Court July 27, 2004 with the dates
being September 12-15, 2004.
RENEWAL
LIST SUPPORTING
FINANCIAL
See attachment
ATTACHED:
SUMMARY:
BUDGETED
Yes (X)
DOCUMENTS
No ( x)
Yes ( )
CONTRACT/AGREEMENT:
ANNUALIZED
ITEM:
No()
N/A(
Funding Source:
Agency 046
Fund 010
OneTime
)
Object
DOLLARS:
4014
Recurring
N/A
COMMENTS:
( )
(
(
)
)
Original Form Submitted with back up to County Judge's Office: (,I)
CC with back up:
(281-341-3774)
(-/) Auditor
(281-344-3954)
(-/) Budget Officer
(-/) County Attorney(281-341-4557)
(281-341-8642)
(-/) Purchasing Agent
(281-341-8697)
(-/) County Clerk
Instructions
1.
2.
3.
for submitting
( -/ when completed)
(-/) Comm. Pet. 1(281-342-0587)
(-/) Comm. Pet. 2(281-403-8009)
(-/) Comm. Pet. 3(281-242-9060)
(-/) Comm. Pet. 4(281-980-9077)
an Agenda Request:
RECOMMENDATION
/ ACTION REQUESTED:
Add one day for flight schedule September 11-15, 2004 for Jeff D. Braun. Approve out-of-state travel requested by Jeff D.
Braun to Milwaukee, Wisconsin, September 11 - 15, 2004 to attend the Urban Area Security Initiative (UASI) 2004 Conference.
(Fund 010-046-0460-4014)
,
FORT BEND COUNTY
DATE SUBMITTED:
SUMMARY OF ITEM:
OFFICE
SUBMITTED BY:p.IlATl'S(AGENDACOORDINATOR)
DEPARTMENT:
ENGINEERING
PHONE NO.:
(281) 633-7507
8/3/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
8/10/04
AGENDA
#~B3
APPROVETRAVELfOR ENGINEERING(BBII FACILITATORlTO TRAVELTO '1'IIE 19T11IIAZARDOIlS
IIAIIAGl'2If2ft CfJIFEllllIK:E ON IIOUSEIIOW AHD SIIALL BUSIII&SS IIASTE (HABllllAI
BELIl IH IlIAIIl,FLORIDA,SE£>tEIIBER 5-11,2004.
(FOHDIIIG SOURCE: 010-1143-0436-4014)
IIArERIALS
Yes ( )
LIST SUPPORTING
DOCUMENTS
TO BE
No()
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ( ) No ()
Fund
N/A ( )
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
( )
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( ./ when completed)
If by E-Mail to ospindonialco.fort-bend.tx.us
If by Fax to (281) 341-8609
Copies with back-up to:
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
(
)
Comm.
Pet.
2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
( ) Comm. Pet. 3
(281-341-4557)
( ) County Attorney
(281-980-9077)
(
)
Comm.
Pet.
4
(281-341-8642)
( ) Purchasing Agent
(281-341-8697)
( ) County Clerk
1.
2.
3.
Agenda Request Forms may be submitted bye-mail, fax, or inter-office mail, and all information
Wednesday at 2:00 p.m. to the departments listed above.
All original back-up must be received in the County Judge's Office by 2:00 p.m. on Wednesday.
RECOMMENDATION
/ ACTION REQUESTED:
must be provided by
Page 1
Shirtey Kotzur - 2004 Line-item Transfer Forms.xls
IN THE MAnER
10th
On tIlis the
dayol
August
2004
Coonty Judge
Tom Stavinoha
Commissioner
Pr1Cincl #1
Grady Prestage
Commissioner
Precinclll2
An<ty
proceedings
THAT WHEREAS,
Fort Bend
,the Commission8fS'Court,witI1thefolk>Ning
Robert E. Hebert
were
members belng
present:
Commissioner Precincll3
Meyers
Commissioner
James Pall"""'"
The following
1
OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY
FOR TliE YEAR 2004
Pr1Cincl #4
had, to-wril,
tIll!ll!tofOfO, on September 9, 2003, the Coort heard and approved tile budget for the ~
2004 for
County; and
WHEREAS,
tile Commissioners'
The transfer does not increne
on propel' appllcalion,
of a similar kind and fund.
Court has transferred an
existing budget
surplus 10a budget
the total r:J the budget.
The foilowing transfers to said budget are hen!by a_:
074
Commissioner, Pct.4
TRANSFER TO:
UNE.fTCM
NAME
Temp/Part
Social Sec
Workers Comp
NUMBER
AMOUNT
0201
0300
0600
$3,000
230
27
TOTALTRANSFERREDTO:~$
-L~L3,257
_
TRANSFER FROM:
3,257
4010
Fees/Svcs
3,257
~~~
TOTALTRANSFERREDFROM:~$
EXPLANATION:
Department
Head:
Part time work for FBC Fresh Water Supply District #2
_----:..::.::..::......::.;=...:;..;:..:..::.....:..::..::.....:.:::.::....:..:..::.:..::.....:.:.::.=..::..::=:::e-..:==c::..:.....::..:..---
~:::t-=~~:=:----<l!.~
8-4-04
USE WHOLE DOLLARS ONLY
Robert E. Hebert, County Judge
_
FORM B01
IN THE MATTER OF TRANSFERRING
:<0
OF BUDGET SURPLUS OF FORT BEND COUNTY
f)
FOR THE YEAR 2004
On this the
10th
dayof
August
, 2004,
the Commissioners'
Court, with the following members being present:
CountyJudge
RobertE. Hebert
Tom Stavinoha
Commissioner Precinct #1
Grady Prestage
Commissioner
Precinct #2
AndyMeyers
James Patterson
The following proceedings were had, to-writ,
THAT WHEREAS, theretofore, on September 9,2003, the Court heard and approved the budget for the year 2004 for
Fort Bend County; and
WHEREAS, on proper application, the Commissioners' Court has transferred an existing bUdget surplus to a bUdget
of a similar kind and fund. The transfer does not increase the total of the bUdget.
The following transfers to said budget are hereby authorized:
Department Name:
Community
Department #:
Development
101
TRANSFER TO:
LINE-ITEM
AMOUNT
NUMBER
NAME
Program
Income
826-101-9627-1400-8071
Program
Income
813-101-3003-1400-8071
$
10,319
4,500
TOTAL TRANSFERRED TO:
$
14,819
TRANSFER FROM:
Sales
Proceeds
826-999-00SP
$
10,319
Sales
Proceeds
813-999-00SP
$
4,500
$
14,819
TOTAL TRANSFERRED FROM:
EXPLANATION:
received
from
Amend
program
the budget
pursuant
to LGC §111,0706
to allocate
refunds
participants.
,
Date: __
Department Head:
BY:
----b.e-:...::..:c~-..!..--=----
Original to Budget Officer ee: Commissioners
Court
q,--'liJ..:..O'1--'-
_
FORT BEND COUNTY
117/03
COMMISSIONERS COURT AGENDA REQUEST FORt'\1
SUBMITTED BY: Laura Johnson
DEPARTMENT: County Attorney
PHONE NO.: 4556
DATE SUBMITTED: 08/02/04
COURT AGENDA DATE: 8/10/04
Approve payment in the amount of $2417.57 to Lewis Realty Advisors in the Burlington Northern and Santa Fe
Railway matter; Cause No. 17,181 without a purchase order. Fund 01005405404010.
Yes () No (X)
LIST SUPPORTING DOCUMENTS ATTACHED:
FINANCIAL
SUMMARY:
BUDGETED ITEM:
ANNUALIZED DOLLARS:
Yes( ) No()
N/A()
OneTime
Recurring
()
Fund
Agency Object
N/A
COMMENTS:
Funding Source:
()
( )
Original Form Submitted with back up to County Judge's Office: (
CC with back up:
( ) Auditor
( ) Budget Officer
( ) County Attorney
( ) County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
(
(
(
(
(
)
) Comm.
) Comm.
) Comm.
) Comm.
( ./ when completed)
Pet. 1
Pet. 2
Pet. 3
Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
)
1.
2.
3.
INVOICE TRANSMITTAL
FORT BEND COUNTY AUDITOR
ACCOUNTS PAYABLE
COUNTY AUDITOR FROM 1016
(Rev
6/&7)
12 Digit Distribution
Vendor Number
'/ tR
tJ I!J.
5'
A~
Cf-I? ~
Purchase Order Number(s)
Zip Code
State
City
f·tjiJt./
Date
List Invoice Number:tt::
11_----":sLLf7--J(,""/J'-'O"--~/L_
_
Invoice Amounts
_
It
--------,------"-----------,------"-----------,------"---------,------"----
--------,-----_._---
County Auditor's Use Only
IAN Received:
_
Check Type:
Commissioners
Audited By:
Posted By:
Checked By:
Received:
Paid:
_
Court Date:
-
;)..'.J.--L..2-"~-.J.
_
_
_
_
Treasurer's Register Stamp and Number
LEWIS REALTY ADVISORS
CONSULTANTS
APPRAISERS
952 Echo Lane Suite 315
Houston, Texas 77024-2758
e-mail: Ira@/ewis-rea/ty.com
713461-1466
Fax713468-8160
July 08, 2004
Mr. Ben W. Childers, County Attorney
Fort Bend County
301 Jackson
Suite 728
Richmond TX 77469
Re: Case No. 17181; Fort Bend County
vs. The Burlington Northern and Santa
Fe Railway Company and the unknown
heirs and legal representatives
of
Earnest Jones in the County Court of
Law No.3, Fort Bend County, Texas
Invoice # 98-3460-1
6/30/2004
Name
D - Mark Sikes
L - Andrea Felt
Hours
11.75
0.50
Rate
190.00
75.00
Amount
$2,232.50
$37.50
Amount
Subtotal
Expenses
$2,270.00
. $147.57
Total amount of this bill
$2,417.57
BALANCE DUE
$2,417.57
A~I=I\IDA ITE'M
FORT BEND COUNTY
COMMISSIONERS COURT AGENDA REQUEST
•. -
~''1
"rdRM'W
,
08- 10-04
COURT AGENDA DATE:
AGENDA
SUBMmED BY: John Healey
DEPARTMENT: District Atto=ev
PHONE NO.: 281-341-4469
08':'03-04
DATE SUBMITTED:
#10
'
To Amend the Resolution Concerning the ViolS':nceAgainst Women
Prosecutor Grant and Violence Against Women Investi~ator Grant to Include,
an Additional Sentence Requested by the Criminal Justice Division.
SUMMARY OF ITEM:
Yes f)
No ( )
Resolutions
FINANCIAL SUMMARY:
Yes (x)t No ()
N/A ( )
Funding Source: 010
Agency
Object
Fund
010
COMMENTS:
ANNUALIZED DOLLARS:
BUDGETED ITEM:
One Time
()
Recurring
N/A
(
h)
)
012
Original
.
'
,
"
Form Submitted
with back up to County Judge's
CC with back up:
Auditor
< X) Budget Officer
( ) County Attorney
County Clerk
<')0
yc )
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
,
Office: <
,) , <.r when
P<') Comm.
1
Pd
2
3
4
Pet.
0(") Comm. Pet.
Comm. Pet.
~
Comm. Pet.
'
,-
',-
,,','
completed)
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
"
'
,
1.
2.
3.
.,
Completely fill out agenda form. Incomplete forms will not be processed.
All original back-Up must be received In the County JUdges Office by 2:00 p.m. on Wednesday.
I1I:COROI;OON ~~V\
-\)L\
IN THE COMMJSS~COgeT
MINUTES OF:
~
.0
RESOLUTION
WHEREAS, The Fort Bend County Commissioners Court finds it in the best
interest of the citizens ofFort Bend County, that the VIOLENCE AGAINST
WOMENIDOMESTIC VIOLENCE PROSECUTOR GRANT be continued for the
2005 fiscal year; and
WHEREAS, Fort Bend County Commissioners Court agrees to provide applicable
. matching funds of25% for the said project as requested by the VIOLENCE
AGAINST WOMENIDOMESTIC VIOLENCE PROSECUTOR GRANT
application; and .
WHEREAS, Fort Bend County Commissioners Court designates the County Judge
as the grantee's authorized official. The authorized official is given the powers to
apply for, accept, reject, alter or terminate the grant on behalf of the applicant
agency.
:::: .
NOW THEREFORE,
BE IT RESOLVED that Fort Bend County Commissioners
Court approves submission of the grant application for the VIOLENCE AGAINST
WOMENIDOMESTIC VIOLENCE PROSECUTOR to the Office of the Governor,
Criminal Justice Division.
!\:s-:~ENDJED, APPROVED AND RESOLVED on this
ROBERT~Y
JUDGE
ATTEST DIANNE wn..SON, COUNTY CLERK
10
•
day of
RECORDEDON ~ ,\ C\ -D~
IN tHE COMMISSI'Ef~T
MINUTESOF.
"
v-
.
RESOLUTION
WHEREAS, The Fort Bend County Commissioners Court finds it in the best
interest of the citizens of Fort Bend County, that the VIOLENCE AGAINST
WOMENIDOMESTIC VIOLENCE INVESTIGATOR GRANT be continued for
the 2005 fiscal year; and
";',);:',
.WHEREAS, Fort Bend County Co~~~ioners
Court agrees to provid~a~plid~ble
.matching funds of25% forthe said project as r~quested by the VIOLENCE
"
,AGAINST WOMENIDOMESTIC VIOLENCE INVESTIGATOR GRANT
application; and
WHEREAS, Fort Bend County Commissioners Court designates the County Judge
as the grantee's authorized official. The authorized official is given the powers to
apply for"ac:e~t, reject, alter or terminate the grant on behalf of the applicant,." ,;>.
agencY~;'f;':;~;;,/'/')' ,
, ,; ,c' , "".\ <'J' ' :,•.'.,"
..
:, .....
':;:' ",.~ <n;._
..,~-"~-,,.,;~.:>
'":.
.."_',:.>.
,.--_
..-: ..'"
:.',
.';;':
-.> -,:,f:::)./>',,;f; ::,:.-:"".~';\:, ':~c->
,;-
..;
WHEREAS, Fort Bend County Cominissioners Court has agreed that in the event
of loss ornususe of the Criminal JiIstice Division funds, Fort Bend County ,
Commissioners Court assures that the funds will be returned to the Criminal Justice
Division in full.
NOW THEREFORE, BE IT RESOLVED that Fort Bend County Commissione,rs
Court approves submission of the grant application for the VIOLENCE AGAINST
WOMENIDOMESTIC VIOLENCE INVESTIGATOR to the Office of the
Governor, Criminal Justice Division.
/0
ATTEST DIANNE WILSON, COUNTY CLERK
day of
FORM r01
IN THE MATIER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY
FOR THE YEAR
On this the
10th
August
day of
,2004,
2004
the Commissioners'
Court, with the following
members
being present:
County Judge
Robert E. Hebert
Tom Stavinoha
Commissioner
Precinct #1
Grady Prestage
Commissioner
Precinct #2
Andy Meyers
Commissioner
Precinct #3
James Patterson
Commissioner
Precinct #4
The following proceedings were had, to-wrIT,
THAT WHEREAS,
theretofore,
on September
9, 2003, the Court heard and approved the budget for the year 2004 for
WHEREAS,
on proper application,
the Commissioners' Court has transferred an existing budget surplus to a budget
of a similar kind and fund. The transfer does not increase the total of the budget.
Department Name:
TRANSFER
Elections Administration
069
Department #:
TO:
AMOUNT
NUMBER
LINE~TEM NAME
Overtime
Social Security
Retirement
Workers Comp/Unemployment
010-069-0690-0202
010-069-0690-0300
010-069-0690-0400
010-069-0690-0600
TOTAL TRANSFERRED TO: ~$:--
TRANSFER FROM:
Fees & SefVices
$3,065
$235
$326
$28
$3,654
---===::::-.
$3,654
010-069-0690-4010
TOTAL TRANSFERRED FROM: -=$~
$3,654
----=.==-
EXPLANATION: This transfer is requested to correct an overage resulting from unavoidable
staff overtime during the 2004 primary and runoff elections. Aggressive efforts this summer
to reduce comp time balances should prevent a repeat of this situation in the upcoming
general election.
Department Head:
~~
Date:
August 4, 2004
\
I
FORT BEND COUNTY
DATE SUBMITTED:
SUMMARY OF ITEM:
8/10/04
APPRllVE PAY ESTIBM'E
THE IlEST
IlELLFORl'
DOCUMENTS
AGENDA
#
I~A
110.7 IH THE AIDJIlT OF $6,615.80
TO COIlRAD CllIISTRllC'fIOIl CO.IHC.
FROII SB6 TO BURNEY ROAD,MllBlLITY
BOIlD PROJEC'1'#8,l'CT.3.
lOR
IIIl'RllVflIf2l
Yes()
LIST SUPPORTING
OFFICE
SUBMITTED BY:p .BAn'S (AGENDA COORDINATOR)
DEPARTMENT:
EllGIIIEERllIG
PHONE NO.:
(281) 633-7507
8/2104
COURT AGENDA DATE:
- COUNTY JUDGE'S
No()
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes(
Fund
) No()
N/A()
Funding Source:
Agency
Object
COMMENTS:
ANNUALIZED DOLLARS:
One Time
( )
Recurring
N/A
()
( )
Original Form Submitted with back up to County Judge's Office: ( ) ( y" when completed)
If by E-Mail to ospindonlatco.fort-bend.tx.us
If by Fax to (281) 341-8609
(281-342·0587)
( ) Comm. Pet. 1
(281·341-3774)
( ) Auditor
(281-403-8009)
(
)
Comm.
Pet.
2
(281·344-3954)
( ) Budget Officer
(281-242·9060)
( ) Comm. Pet. 3
(281-341-4557)
( ) County Attorney
(281-980-9077)
(
)
Comm.
Pet.
4
(281-341-8642)
(281-341-8697)
( ) County Clerk
1.
2.
3.
Agenda Request Forms may be submitted bye-mail, fax, or inter 0ffice mail, and all information must be provided by
4
RECOMMENDATION
/ ACTION REQUESTED:
CONRAD CONSTRUCTION
CO., INC.
P.O.BOX 841134
HOUSTON,TEXAS 77284
(713)937-3081
ESTIMATE AND CERTIFICATION
OF PAYMENT
WEST BELLFORT FROM S.H.6 TO BURNEY ROAD·
PURCHASE ORDER # PC 04300002533
PROJECT:
BID #04-002
FT. BEND COUNTY
OWNER:
1124 BLUME RD.
ADDRESS:
ROSENBERG,TEXAS
MR. LOUIS E. HOOD, P.E.
ATTN:
ESTIMATE DATE:
ESTIMATE NO.'
EST. COVERING PERIOD:
START DATE:
COMPLETION DATE:
210
82
292
254
38
CONTRACT TIME:
TIME EXTENSIONS:
REVISED CONTRACT TIME:
DAYS USED:
DAYS REMAINING:
77471
812104
7
711/04 thru 7/31/104
11/21/03
9m04
A. CONTRACT AMOUNT TO DATE:
1. CONTRACT AMOUNT:
2. APPROVED CHANGE ORDERS:
$830,665.45
$19,408.01
$
$
$19,408.01
TOTAL CHANGES TO DATE:
TOTALCONTRACTAMOUNT:
B. EARNINGS TO DATE:
1. PREVIOUS WORK COMPLETED:
80.60%
2. WORK COMPLETE THIS PERIOD 0.0082%
3. MATERIALS ON SITE:
C. REDUCTIONS:
1. RETAINAGE:
5% OF
PREVIOUS EARNINGS:
EARNINGS THIS PERIOD:
$687,422.30
$6,964.00
TOTAL EARNINGS:
$694,386.30
$34,719.32
$694,386.30
TOTAL PAYMENTS DUE:
LESS PREVIOUS PAYMENTS:
TOTAL AMOUNT DUE CONTRACTOR THIS PERIOD:
THE UNDERSIGNED
CONTRACTOR
CERTIFIES
THAT TO THE BEST OF HIS KNOWLEDGE,
AND BELIEF THAT THE WORK HAS BEEN COMPLETED
IN ACCORDANCE
IS TRUE AND CORRECT THE BEST OF MY KNOWLEDGE.
OATE$ik
OATE6AG;j
ENGINEER:
$653,051.18
$6,615.80
INFORMATION,
DATE:
ESTIMATE OF WORK COMPLETED
$659,666.98
WITH THE PLANS AND SPECIFICATIONS
AND THE CURRENT PAYMENT SHOWN ON THIS APPLICATION FOR PAYMENT 15 NOW DUE.
THE FOREGOI
$850,073.46
DAYS
DAYS
DAYS
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a.
CONTRACTOR'S
AFFIDAVIT
OF BILLS PAID I LIEN RELEASE
/:./1
OWNER:
PROJECT:
w«f
J..vd
C,viV1t
<!<-L(,{;/t' - ~"""
J;' <I.
~
10
!,J,;,.<'<'I
L.Ad
tf,J NO.
0'1-0<12-
I
CONTRACTOR
==~=2!.-~~~~~=-=-
:
I certify that all just and lawful bills against the above-named Contractor for labor, material and
expendable equipment employed in the performance of said Contract have been paid in full prior
to acceptance of final payment from the Owner to complete the Contract requirements. This is to
further certify that Iam relieving
(-;,1'1" 4wl c:.v.vfv
from
any further claims from debts occurring in connection with this project pn6r 10
... -I_a '-(
FIRM : __
.---:==~=!..!.!-~=-=~~
BY:
DATE: __
TITLE:
.::..-C-:.--=----__
Signed and sworn 10 before me a Notary Public in and for
this
2,.1 day of
~v;{'f
20
0'1.
JAMES R. BOLIN
Notary Public. State of Texas
My Commission Expires
May 20, 2008
~~=~
tk,.r/o[
County,
_
Te~Af
,
COMMISSIONERS
FORT BEND COUNTY
DATE SUBMITTED:
SUMMARY OF ITEM:
8/10/04
AGENDA
#/d.B
APPROVE PADIElIT OP IHV01CE 1«).914 IN 'I:IIE JlSlOIlT OF $1,644.86
oro PAS PROPERTY ACQOISITlal
SERVICES,IIIC.
FOR VARIOUS RIGHT OF llAY ACQOISITIOIlS,PCTS.
1,2,3&4.
lFUND:042-7009)
LIST SUPPORTING
OFFICE
SUBMITTED BY:P.BArIS (AGDlDA COORDIIlAl'OR)
DEPARTMENT:
EIlGDlEERIIlG
PHONE NO.:
(281) 633-7507
8/3/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
DOCUMENTS
Yes ()
No ( )
ATTACHED:
FINANCIAL SUlVIMARY:
BUDGETED ITEM:
Yes(
Fund
)No()
N/A()
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County judge's Office: ( ) ( ./ when completed)
If by E-Mail to ospindon(ii)co.fort-bend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet. 2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
( ) Comm. Pet. 3
(281-341-4557)
( ) County Attorney
(281-980-9077)
(
)
Comm.
Pet.
4
(281-341-8642)
(281-341-8697)
( ) County Clerk
I.
2.
3.
Completely fill out agenda fnrm, incomplete forms will not be processed.
Agenda Request Forms may be submitted bye-mail, fax, or inter-office mail, and all information must be provided by
RECOMMENDATION
/ ACTION REQUESTED:
PAS PROPERTY ACQUISITION SERVICES. INC.
30-Jul-04
Invoice No. 914
Bill to Mr. D. Jesse Hegemier, P.E.
Fort Bend County Engineering
1124-52 Blume Rd.
Rosenberg, TX 77471-1149
Remit to:
PAS Property Acquisition Services, Inc.
19855 Southwest Freeway, Suite 320
Sugar Land, TX 77479
(281) 343-7171
Project Name:
Fort Bend County
Locations:
Greenbush
Work Requested:
Performed Right-of-Way Services for Fort Bend County
Right-of- Way Agent
Right-of- Way Assistant
Totals
1,593.75
30.00
21.25
0.75
22.00
75.00
40.00
Expense
See Expense Summary Sheet
Total Expenses
$
Totall $
CONTRACTOR BILLING Sl:MMARY
Estimated Cost
Previous Amount Invoiced
Previous Funds Available
Current Amount Invoiced
Remaining Funds Available
Terms:
Total due upon receipt
S
S
S
$
S
250,000.00
25,034.24
224,965.76
1,644.86
223,320.90
Amount ($)
21.11
21.11
1,644.86
I
PAS Property Acquisition Services, Inc.
~sPER OR\G\N~L
Job Detail
Location:
Greenbush
Work Requested:
Acquire Right-of-Way for Road Realignment
Rate ($)
Acquisition
Right-of-Way Agent
Right-of-Way Assistant
Totals
75.00
40.00
Hours
Amount ($)
1,593.75
30.00
21.25
0.75
22.00
Amount ($)
Expense
See Expense Summary Sheet
Total Expenses
$
21.11
21.11
Totall $ 1,644.86
I
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Property Acquisition Services, Inc.
19855 S. W. Freeway, Suite 320
(281) 343-7171
Expense Summary Sheet
Greenbush
$
Amount ($)
21.11
Subtotal
$
21.11
Total Amount
$
21.11
IExpense Description
Courthouse Specialist
I
Courthouse
Invoice
Specialists
DATE
INVOICE #
7/16/2004
97531
P. O. Box 70558
Houston, TX 77270
BILL TO
Mark Heidaker
19855 SW Freeway, Ste. 200
DESCRIPTION
QUAN ...
P.O. NUMBER
TERMS
REQUESTED BY:
N/A
Net 10 days
Mark
AMOUNT
RATE
Ref: Retrieve Ft. Bend Co. plat, 2001117892
State Sales Tax
1.61
8.25%
piR'<ce."if'1"'1r
--- .,\.
, r;_/q-ctJ-J':.
T ank 'flJl'r.e #
4.50T
15.00T
1.50
15.00
3 Courthouse Copies
Retrieval Fee
Total
~
$21.11
19855 Southwest Freeway, Suite 200, Sugar Land, Texas 77479
July 30, 2004
Mr. D. Jesse Hegemier, P.E.
1124-52 Blume Rd.
Re:
Monthly Invoicing
Dear Mr. Hegemier:
Enclosed you will find the following invoice that requires processing:
•
Invoice No. 914 - Greenbush Project
Thank you and please contact me at (281) 343-7171 if any questions arise.
Sincerely,
4'~~.Q
Kimberly Sabin
Assistant
Enclosures
(281) 343-7171 Office
(281) 343·8181 Fax
19855 Southwest Freeway, Suite 200, Sugar Land, Texas 77479
July 30, 2004
Mr. D. Jesse Hegernier, P.E.
1124-52 Blume Rd.
Re:
Monthly Invoicing
Dear Mr. Hegemier:
Enclosed you will find the following invoice that requires processing:
•
Invoice No. 914 - Greenbush Projec~
.
Thank you and please contact me at (281) 343-7171 if any questions arise.
Sincerely,
4')~ ~
Kimberly Sabin
Assistant
Enclosures
128113·B-71710Iliee
(281) 343-8181 Fax
j\ l ......
;- :"Ir-~J\
FORT BEND COUNTY
COMMISSIONERS
SUMMARY OF ITEM:
- COUNTY JUDGE'S
OFFICE
#/;;.c..
8/10/04
APPROVE PAYlIEIlr OF IIIVOICE 110.6 IN THE AIDlIIT OF $162,981.00
TO BROlIN & GAY,INC. FOR
DIAGRAl!llATIC
AHD EIIVIROHIlEII'l ASSESSf'IEJIT STODY REGARDING FORT BEIlD pJlRKllAY (SB122),
SEGIIEIlr 8, 1I08ILITY BOHD PIlOJD:'r #Il2,PCTS.
1&2.
Yes ( )
LIST SUPPORTING
DOCUMENTS
No()
ATTACHED:
FINANCIAL SUMMARY:
ANNUALIZED DOLLARS:
BUDGETED ITEM:
Yes ( ) No ()
Fund
N/A ( )
Funding Source:
Agency
Object
OneTime
()
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County JUdge's Office: ( ) ( ./ when completed)
If by E-Mail to ospindonlaJ,coJort-bend.tx.us
If by Fax to (281) 341-8609
( ) Auditor
(281-341-3774)
(281-342-0587)
( ) Comm. Pet. 1
( ) Budget Officer
(281-344-3954)
( ) Comm. Pet. 2
(281-403-8009)
( ) County Attorney
(281-341-4557)
( ) Comm. Pet. 3
(281-242-9060)
(281-341-8642)
(281-980-9077)
( ) Comm. Pet. 4
( ) County Clerk
(281-341-8697)
Instructions for submitting
I.
2.
3.
3D
~.
SUBMITTED BY:P.BArrS(AGENDA COORDINATOR) AGENDA
DEPARTMENT:
ENGINEERING
PHONE NO.:
(281) 633-7507
8/3/04
COURT AGENDA DATE:
I ,
COURT AGENDA REQUEST FORlYl
DATE SUBMITTED:
: '''-.~ 1~I '" ~.,r"'\
Agenda Request:
Agenda Request Forms may be submitted by ewmail,fax, or inter-office mail, and all information must be provided by
RECOMMENDATION
/ ACTION REQUESTED:
BROWN
& GAY
ENGINEERS, INC.
July 23, 2004
Mr. D. Jesse Hegemier, P.E.
County Engineer
Fort Bend County
P.O. Box 1449
Re:
Fort Bend Parkway (SH 122) Segment B
Diagrammatic and Environmental Assessment Study
PC 04300002065
Invoice and Progress Report
Attn:
Ms. Paulette Batts
Dear Mr. Hegemier:
Attached herewith please find an invoice and progress report for the above referenced project:
•
•
•
•
Invoice No.:
BGE Invoice No.:
Invoice Period:
Invoice Amount:
6
FBCIO-IF
8/01103 through 06/30/04
$162,981.00
If you have any questions or need additional information, please contact me at 281-558-8700.
Sincerely,
Chris Cotter, P.E.
CDCljp
Cc: Mr. David Balmos, P.E. - Carter & Burgess, Inc.
T:\Projects\FBClO\Admin\Invoices\06
11490 Westheimer
Invoice Jul 2003 IUD 2004\Invoice
• Suite 700 • Houston, Texas 77077-6841
06 Cover Letter.doc
• TEL: 281-558-8700
• FAX; 291-558-9701
• EMAIL: [email protected]
Fort Bend Parkway Segment B
Progress Report No.6
Brown & Gay Engineers, Inc. - BGE Invoice No. FBCIO-IF
Fort Bend County - Purchase Order Number PC 04300002065 - FBC Invoice No.6
Period: 8/0l/03 through 06/30/04
June 2003 Submitted DEIS (Version I) for review by TxDOT Houston District.
Progress since 8/01/03
09/08/03
Met with TxDOT Houston District (Gabe Johnson, Pat Henry) to discuss DEIS approach
relative to toll road and logical termini.
Sept 2003 Addressed comments to DEIS (Version I).
Oct 2003
Submitted DEIS (Version 2) for review by TxDOT Houston District and TxDOT
Environmental Affairs Division.
Nov 2003 Prepared ROW documents for Knight Ventures property along the west side of Knight
Road.
Fall 2003
Prepared diagrammatic schematics of the preferred alternative between SH 6 and SH 99.
Prepared geometric schematics for an interim condition for the preferred alternative
between SH 6 and Sienna Parkway. Prepared cost estimates for ultimate and interim
conditions.
Dec 2003
Addressed comments to DEIS (Version 2).
Jan 2004
Submitted DEIS (Version 3) for review by TxDOT Houston District, TxDOT
Environmental Affairs Division, and FHWA.
01127/04
Made presentation to Fort Bend County Mayor's Council in Booth
2/17/04
Met with Doug Goff at Sienna Plantation to discuss the progress of the NEPA study.
03/04/04
Met with TxDOT Houston District, TxDOT Environmental Affairs Division, and FHWA
to discuss comments to DEIS (Version 3).
05/05/04
Met with representatives of the Grand Parkway Association to discuss methodology for full
disclosure in the DEIS of a toll facility.
May 2004 Addressed comments to DEIS (Version 3).
06/13/04
Met at Johnson Development Corporation to discuss the practicality of continuing with the
NEPA process for the full 12-mile project.
June 2004 Submitted DEIS (Version 4) to Fort Bend County.
June 2004 Suspended all work.
T:\Projec~\FBClO\Admin\Invoices\06
Invoice Jul 2003 IUD2004\Progress
Report 06.doc
Page I of I
712110
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*.I "' 'i-:'I'"j++u.T,
:
COMMISSIONERS
FORT BEND COUNTY
DATE SUBMITTED:
SUMMARY OF ITEM:
IdJ)
8/10/04
APPROVEPAYIIEII'r OJ!'IHVOICE llll.30707 IN THE AIKlUIIT OJ!' $900 TO CONr.RACT LAND STAJ!'l' ,INC.
I!'OR IiOIlK RELM'ID TO '1'IIE REST BELLPORT Ji'EASffiILIrY
STODY,PCT.4.
LIST SUPPORTING
OFFICE
SUBMITTED BY:p.BA1'TS (AGENDA COORDINATOR) AGENDA
DEPARTMENT:
EllGINEERING
#
PHONE NO.:
(2811 633-7507
8/5/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
DOCUMENTS
Yes ()
No ( )
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ( ) No ()
Fund
N/A ( )
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County JUdge's Office: ( ) ( -I' when completed)
If by E-Mail to ospindonla:\co.fort-bend.tx.us
If by Fax to (281) 341·8609
Copies with back·up to:
(281·342-0587)
( ) Comm. Pet. 1
(281·341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet. 2
(281·344·3954)
( ) Budget Officer
(281-242-9060)
( ) Comm. Pet. 3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Comm. Pet. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
I.
2.
3.
Agenda Request Forms may be submitted by e~maiJ, fax, or inter-office mail, and all information must be provided by
RECOMMENDATION
/ ACTION REQUESTED:
~
10701 Corporate
CONTRACT LAND STAFF, Inc.
July 31,2004
Invoice Number:
Drive, Suite 215
Stafford, TX 77477
Questions? Please call Mark Suchma
@281.240.3370
30707
Bill To:
Remit To:
Fort Bend County
Contract Land Staff. Inc.
P.O. Box 3358
Jesse Hegemier
PO Box 1449
Rosenberg, TX 77471
Project 10:
Fort Worth, TX 76113
Customer 10:
WEST BELLFORT PAVING &
UTILITY IMPROVEMENTS
FRTBNO
1,316
Our Reference #:
FUNDING: 010-043-0430-4010
Period:
7/1104
Unit (s)
to 7131104
Rate
Amount
Rausch, Ana
12.00 Reg
Project Manager
$
75.00
$900.00
To pay by wire, please remit to: BankOne Texas, N.A., ABA# 111000614, Acct # 1690007172. Please reference Contract
Land Staff and Invoice Number.
Total Payment Due:
$900.00
Terms: Due Upon Receipt of Invoice
Page 1 of 1
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Parcel Time Sheet
Report Criteria:
Relo Parcel Only: No
Start Date: 71112004 to 713112004
Project
Parcel
Name
Start Date
Category
Contact Item
Time Sheet Item
Contact Name
Fl. Bend -West Bellfort
Community
Short Legal:
Center
Ana Rausch
No
7/1/04
Left mess for Comm. Patterson
Ana Rausch
No
7/1/04
spoke with Al Lopez, he wants know when we will move fOlWard with the acquisition.
Commissioner and than get back to him
Ana Rausch
I told him that I will touch base with the
No
7/2104
Spoke with Comm. Patterson, he said to come over to meet with him in reference the Community
Ana Rausch
Center.
No
7/2/04
Meet with Commissioner Patterson, he said it would be ok for us to make the offer to the Community
the 3 tracts. I will talk to Al Lopez and let him know when we can all meet at our office.
Ana Rausch
7/2/04
No
7/6/04
No
Center now that we have 2 out of
Left mess for Al Lopez
Ana Rausch
Spoke with Al Lopez, he said that he will talk to the Board and set something
up for the end of the month. He will call me back once
he has a date
Ana Rausch
No
717104
Returned Al Lopez's call
Ana Rausch
No
717104
Spoke with AI, he said that he can set up a meeting for next Friday, July 16th at 3:30 in the afternoon at my office.
Commissioner Patterson to see if he can join us.
Ana Rausch
No
717104
Left mess for Jean to call me back to see if the Commissioner
Ana Rausch
I will call
is available on the 16th
No
717104
Spoke with Comm. Patterson, he will not be available on the 16th, he will call me back as soon as he can view his schedule.
cancel the meeting for the 16th
Ana Rausch
I will
No
717104
Spoke with AI Lopez, 'will have to cancel the meeting for the 16th, but will call him back as soon as 1 have the Comm. Schedule
Ana Rausch
No
7/13/04
Al Lopez
Spoke with AI, we wilt schedule the meeting for 3:00 pm on the 27th at our office.
Ana Rausch
Spoke with the Commissioner,
Ana Rausch
No
7/13/04
he will be available on the 26th or the 27th
7/13/04
No
Left mess for the Commissioner
Ana Rausch
7/13/04
Spoke with AI. he said that 4:00 on the 23rd will work for him.
Friday, Juiy 30, 2004
No
I will call the Commissioner
Al Lopez
and get back to him
Page 1 of 2
Project
Parcel
Name
Start Date
Ana Rausch
7/14/04
Time Sheet Item
Category
Contact Item
Contact Name
Yes
AI Lopez
Confirm with Mr. Lopez, we will be meeting on the 21 st at 4:00 pm at our office along with the Commissioner
Ana Rausch
No
7/14/04
Left mess with Comm. Patterson to confirm our meeting for the 21st
Ana Rausch
Yes
7/21/04
AI Lopez
Spoke with Al Lopez to confirm our meeting for today at 4:00 at our office
Ana Rausch
Prepare spreadsheet
Ana Rausch
No
7/21/04
for our meeting with the Community
No
7/21/04
Meet with Comm. Patterson to review the spreadsheet
Ana Rausch
and go over the map identifying the different parcels
7/21/04
Prepare offer letter for the Community
Ana Rausch
Center
Center with the appraised
Yes
AI Lopez
Yes
Al Lopez
amount
7/21/04
Meet with AI Lopez and six other board members and Comm. Patterson to discuss the offer to the Center. The appraised value is
$218,228.00 and the two parcels are worth S58,609.50 the third parcel will be approximately $6,000. The payment will be
$159,618.50 if they want the two parcels and $153,618.50 if they want all three parcels. They would like to close by the end of
August. As soon as they make a decision, I can order the title.
Ana Rausch
7/27/04
Send an origianl spreadsheet
Ana Rausch
Yes
Al Lopez
to AI Lopez for his records and email a copy to Comm. Patterson
7/27/04
No
spoke with Comm. Patterson, he said the square footage for the third tract will be 13,820 SF at $.54 will be $7,463.
$7,500 in escrow at the title company for this tract once the County acquires it. I will call AI Lopez to let him know
Ana Rausch
7/27/04
Yes
Spoke with AI, and gave him the revised numbers for Tract 3. I will put the original spreadsheet
Board will have another meeting next week to discuss our proposal and than will let me know
Ana Rausch
7/27/04
We will hold
AI Lopez
in the mail to him. He said that the
No
Revise spread sheet with the new numbers for Tract 3
Parcel Totals:
12 hour(s)
Project Totals:
12 hour(s)
Report Tolals:
12 hour(s)
~--~------------------~_.-
Tolal Paroel(s):
Friday, July 30, 2004
Page 2 of 2
REVIEW BY FORT BEND COUNTY COMMISSIONERS
On this
----kL.-
day of
Fort Bend Connty
accompanying
Commissioners
notice of
Job Location
.J . 20· o~
Dated
--'-''-''''-'''\'''11-''-.1--------,
r
~Iurt
Bond No.
0.oW\1nllAN!LC.4
m?>'d-v3l'\
, Permit
to make use of certain Fort Bend County property subject
Regulating the Laying, Construction,
-11!::L.-,
before the
came on to be he~rd an.d reviewed the
lldol-<;A
fvy\ R~
~t1bO
20
COURT
Maintenance,
lion!
No.
_
~<6"«; 5'
to, "A Revised Ordel"
and Repair of Buried Cables,
Conduits and Pole Lines, In, Under, Across or Along Roads, Streets, Highways and
Drainage
Ditches in Fort Bend County,
Commissioners
Texas, Under
Court of Fort Bend County, Texas,"
the Jurisdiction
of the
as passed by the COlIJmissioners
Court of Fort Bend County, Texas, dated the 3rd. day of AUl:ust, 1987, recorded in
Volume
of the Minutes of the Commissioners
Court of Fort Beud County,
Texas, to the extent that such order is not inconsistent wi I Article 1436a, Vel"llon's
Texas Civil Statues. Upon Motion of Commissioner
by Commissioner
ADJUDGED
\,
5\~\(\~Pt
AND DECREED
,
,seconded
duly put and carried, it is ORDERED,
that said notice of said above purpose
acknowledged by the Commissioners
is hereby
Court of Fort Bend County, Texas, and that said
notice be placcd on record according to the regnlation order thereof.
Notes:
I.
Evidence of review by the Commissioners Court lIJust be kept on the job site and
failure to do so constitutes grounds for job shutdown.
2.
Written notices are required:
a) 48 hours in advance of construction start up, and
b) When construction is completed and ready for final inspection
Mail notices to:
3.
Permit Administrator
P.O. Box 1449
Rosenberg, Texas 77471-1449
281/342-3039
This permit expires one (1) year from date of permit if construction
commenced.
A4/A-
By
Presented to Commissiouers COIII"t
and approved.
Reeorded in Volume
_
Minutes of Commissioners Court.
Drainage District Engineer/Manager
Clerk
By
_--.Y~~I!4-~~~~,.}
Deputy
Revised 12122/99
1:\WPDAT All ETTERSIPER!\ llT\CCl'lA RE V
has not
COUNTY OF FORT BEND
Engineering Department
Johnny Ortega
P.O. Box 1449
Phone:
1124 Blume Rd.
(281 )342-3039
PERMIT APPLICA nON REVIEW FORM FOR
CABLE, CONDUIT, AND POLE LINE ACTIVITY
IN FORT BEND COUNTY
PERMIT NO.
!,)[32R85
_
The following "Notice of Proposed Cable, Conduit, and/or Pole Line activity in Fort Bend
County" and accompanying attachments have been reviewed and the notice conforms to
appropriate regulations set by Commissioners' Court of Fort Bend County, Texas.
___ /?-_
/
(1) Complete Application Form.
.
__ -,,/'.,.-_a. Name of road, street, and/or drainage ditch affected.
/'
b. Vicinity map showing course of direction.
7 c. Plans and specifications.
(2) Bond:
/
(3) Verbal permission given for emergencies, to start construction before
approved in Commissioners' Court.
Date
Precinct Engineer Acknowledgement
Precinct Commissioner Acknowledgement
Date
(4)
Drainage District Approval when applicable.
We have reviewed this project and agree it meets minimum requirements.
1\~\I)Y
..
Date
I.\WPDA T AIPItOCEDIPERMIl\REVIEWFORM.
W!Xl
NOTICE
IN, UNDER,
APPLICANT'S
PERMIT
OF PROPOSED
ACROSS
JOB
OR ALONG
CABLE,
CONDUIT
AND/OR
AND DRAINAGE
DITCHES
1501040123
NO:
PCT. NO:
NO.
BOND
POLE LINE ACTIVITY
ROADS, STREETS,
HIGHWAYS
IN FORT BEND COUNTY
---"3=<-
_
NO:
Formal notice is hereby given that TXU Communications
proposes to lay, construct. maintain andlor repair cable, conduit
pole line, in, under, across, or along roads, streets, highways and drainage ditches in Fort Bend County, as follows:
In, Under, or Across
Road
700' North/East ot Meadowbrook
Club Dr.
FRY
Road
Length
100'
Type of Construction:
Bored
J ac kdDI
e
rven C ase
X
Drainage
700' To the Northll:~ast Ot Meadow orook
Farm Club Dr.
S.FRY
of
Crossina:
Ditches
Distance & Direction From
Nearest Intersection"
or
Name'
Ditches
Farms
Along Roads and/or
Ditch
Drainage
Nearest Intersection:
or
Ditch Name:
SOUTH
Roads and/or
andlor
Distance:
To:
700'
Stoping point
General Description:
CONSOLIDATED
TRENCH
COMMUNICATIONS
IN THE SOUTH
PROPOSES
ROW OF SOUTH
TO MAKE A ROAD BORE
UNDER
SOUTH
FRY & ALSO TO
FRY.
The Location and description of the proposed installation and appurtenances
is more fully shown on the
attached detail drawings. The laying, construction,
maintenance
and/or repair of the proposed installation
shall be subject to "A Revised Order Regulating the Laying, Construction,
Maintenance
andlor Repair of
Cables,
Ditches
County,
August,
Conduits, andlor Pole Lines, In, Under, Across, or Along Roads, Streets, Highways and Drainage
in Fort Bend County, Texas, Under the Jurisdiction of the Commissioners
Court of Fort Bend
Texas," as passed by Commissioners
Court of Fort Bend County, Texas, dated the 3rd. day of
1987, recorded in Volume 639 of the Minutes of the Commissioners
Court of Fort Bend County,
Texas.
Written notices are required: 1) 48 hours in advance
complete and ready for final inspection.
Mail to: Permit Administrator/Fort
Bend County
P.O. Box 1449, Rosenberg,
TX 77471.
Violation
of reqUirements
shall constitute
of start of construction
and 2) when construction
is
Engineering
grounds
for job shut down.
COMPANY
NAME:
CONSOLIDATED
COMMUNICATIONS
(AGENT
OWNER)
Pad
SIGNATURE:
NAME & TITLE:
DAVID
AND/OR
1?t.;h..
MINKS OSP ENGINEERING
(Please Print)
07/23/04
DATE:
ADDRESS:
24403
(Street/P.O.
CITY, STATE,
ZIP:
TELEPHONE
NO:
ROESNER
Box)
KA TY TX 77494
(accessible
281-396-5380
24 hrs/day 7 days/week)
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On this
---l.O-
day of
Fort Bend County.
accompanying
notice Of
J-v{)'\
,20 ~
\
Commissioners
Job Location ~~YbW
Dated.1'
3\).;\V\
$¢''6\
the Laying, Construction,
-:~!fe.~
\
subject
Maintenance,
_
~IJ,(
~
,Permit
to make use of certain Fort Bend County property
Regulating
, before the
Court came on to be heard and reviewed the
~p~'f-''(''-+'~ZO~'''~
- b\),,(:\11Y~) Iv\.! LM-..(, /MII~
Bond No.
COURT
No.
<fu*c:n-cn(Q
to, "A Revised Order
Drainage
Ditches in Fort Bend County,
Commissioners
Texas,
Under
Court of FOI:tBend County, Texas,"
the Jurisdiction
of the
as passed by the Commissioners
Conrt of Fort Bend Connty, Texas, dated the 3rd. day of Angust, 1987, recorded in
Volume __ .
Texas, to the extent that such order is not inconsistent
~~t
~.QCS
by Commissioner'-....
ADJUDGED
S~~\
~
AND DECREED
,duly
Article 1436a, Vernon's
l
put and carried, it is OHDERED,
secondcd
is herehy
Court of Fort Bend Couuty, Texas, and that said
notice be placed on record according to the regnlatiou order thereof.
Notes:
I,
Evidence of review by the Commissioners Court mllst be kept on the job site and
failure to do so constitntes grounds for job shutdown.
2.
a) 48 honrs in advance of construction start up, and
Mail notices to:
3,
P.O. Box 1449
281/342-3039
Imenced.
By
A{(A
Presented to Commissioners CO\11't
and approved.
Recorded in Volume
_
Drainage Dist iet Engineer/Manager
Clerk
Revised 12/22/99
1:\WI'D/o, T II I1.E1 TERSII'ER
/'>, I ncePl
A RE V
has not
COUNTY OF FORT BEND
Johnny Ortega
P.O. Box 1449
Phone:
1124 Blume Rd.
(281 )342-3039
PERMIT APPLICATION REVIEW FORM FOR
CABLE, CONDillT, AND POLE LINE ACTIVITY
IN FORT BEND COUNTY
PERMIT NO.
l.132A86
_
/
(1) Complete Application Form.
.
a. Name of road, street, and/or drainage ditch affected.
c. Plans and specifications.
/'
C
/
/(2)
Bond:
•
/
Date
Date
(4)
We have reviewed this project and agree it meets minimum reqUirem~
it Administrator
'.\WPDATA\PI\OCED\PERMmREVl'J:WFORM
wpd
Date
NOTICE OF PROPOSED CABLE, CONDUIT AND/OR POLE LINE ACTIVITY
IN, UNDER, ACROSS OR ALONG ROADS, STREETS, mGHW AYS AND DRAINAGE DITCHES
IN FORT BEND COUNTY
APPLICANT'S JOB NO.
PERMIT NO.
BOND NO.
$d J '?I
~,(;Io
I
PCT.NO.
Formal notice is hereby given that VERJZON proposes to lay, construct, maintain and/or repair cable, conduit and/or
pole line, in, under, across, or along roads, streets, highways and drainage ditches in Fort Bend County, as follows:
In, Under, or Across Roads and/or Drainage Ditches
Nearest Intersection
Road or
Ditch Name
RENFRO .....
BURFORD
RD
IVYLN
CYPRESS
AVE
200' EAST OF IVY LN (STA.O+OO)
i Lengthof
: Crossing
: 30
,
TypeofCorllitruction
Jacked
Driven
! Bored
Y
Cased
!
:
:
:
30
: 30
AT RENFRO BURFORD RD
ATIVYLN
!
I
!
Y
Y
I
Along Roads and/or Drainage Ditches
Road or
Ditch Name
RENFRO
BURFORD
RD
IVYLN
CYPRESS
AVE
i
: Distance & Direction From
! Nearest Intersection
To
:
i Distance
!
:, 250'
,
,
! AT RENFRO BURFORD RD (STA.2+50) ! STA. 5+62
, STA. 9+38
,, AT IVY LN (5+62)
,
i
i
i 312'
,376'
,
!
General Description
BEGINNING AT STAO+OO LOCATED 200 FEET EAST OF IW LN ON RENFRO BURFORD RD.
BURYING NORTH TO STAO+60, THENCE BURYING WEST 3 FOOT OFF OF THE
NORTHERN MOST RIGHT OF WAY TO STA.2+50, THENCE BURYING NORTH 3 FOOT OFF
OF THE WESTERN MOST RIGHT OF WAY ON IW LN. TO STA5+62, THENCE BURYING
WEST 3 FOOT OFF OF THE NORTHERN MOST RIGHT OF WAY ON CYPRESS AVE.TO
STA9+38. BORING ALL ROADS AND DRIVES. MAINTAINING A MINIMUM GROUND COVER
OF 36 INCHES.
The and description of the proposed installation and appurtnances is more fully shown on the attached detail drawings.
The laying, construction, maintenance and/or repair of the proposed installation shall be subject to "A Revised Order
Regulating the Laying, Construction, Maintenance and/or Repair of Cables, Conduits, and/or Pole Lines, In, Under,
Across, or Along Roads, Streets, Highways and Drainage Ditches in Fort Bend County, Texas, Under the Jurisdiction of
the Commissioners Court of Fort Bend County, Texas," as passed by Commissioners Court of Fort Bend County, Texas,
dated the 3'" day of August, 1987, recorded in Volume 639 of the Minutes of the Commissioners Court of Fort Bend
County, Texas.
Written notices are required: I) 48 hours in advance of start of construction and 24 when construction is complete and
ready for final inspection.
Mail To:
Pennit AdministratorlFort Bend County Engineering
P. O. Box 1449, Rosenberg, Texas 77471
Violation of requirements shall constitute grounds for job shut down.
.{
NAME & TITL:
(Signa
~
~M
E TULEY
SUPERVISOR-NETWORK ENGINEERING
(please Print)
DATE:
JULY 29, 2004
ADDRESS:
1010 STAFFORDSmRE RD.
(Street/P.O. Box)
STAFFORD
lX.
77477
City
State
Zip
TELEPHONE NO:
281-499-3211
(a"';cc:::e:':ss"'ib~le'"-2~4;::hrs!C-=-c;da-y-,
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On this
J
0
day of
Fort Bend County
accompanying
Commissioners
notice of
,20
....D4'
,before the
Court came on to be heard and reviewed the
Sbw Cot1.~~-=~
...
Leo(.
tl~
Bond No.
~13S
_
_
DOjf{,3
to make use of certain Fort Bend County property
Regnlating
oU
B.lut1,gnn e., t_'D=-'y....i.LV-"''f<'---
Job Location
Dated ~';
~(,l,S+
COURT
, l)ermit No.
"tJ.<iJi1
sub,ieet to, "A Revised Order
Maintenance,
Drainage
Ditches in Fort
Commissioners
Bend County,
Texas,
Under
Courl of FOI'I Bcnd County, Texas,"
the Jurisdiction
of Ihe
as pllssed by the Commissioners
Court of Fori Bend County, Texas, dated the 3rd. day of August, 1987, recorded iu
Volume
of the Miuutes of the Commissioners
Court of Fort Bcnd County,
Texas, to the exteut that such order is uot iucousistent ~1~Article
by Commissioner
ADJUDGED
5.,.:Yt ~~\ l\0)"ttr
AND DECREED
,dnly
1436a, Vernon's
~.e.,¥!5
,seconded
put and carried, it is ORDERED,
is hereby
Court of Fort Bend County, Texas, and thai said
notice be placed on record according to the regulation order thereof.
Notes:
I.
Evidence of review by the Commissioners Court must be kept on the job site and
2.
Writte" notices are required:
a) 48 hours in al}vance of construction start up, and
Mail notices to:
3.
By
P.O. Box 1449
281/342-3039
commenced.
-----,,,,,LC/.
_
Presented to Commissioners Cou'"
and approved.
Recorded in Volume
_
Drainage
Cler
Revised 12/22199
1:\WrDA T AILE"lTI:RSIPERMlTlCrrl
A RE V
has not
COUNTY OF FORT BEND
1124 Blume Rd.
Phone: (281 )342-3039
Johnny Ortega
P.O. Box 1449
IN FORT BEND COUNTY
(;0288"1
PERMIT NO. _----'....:..::::cc::..::...:..=....:::....
_
___
........-..::::::-(1) Complete App!!c~tion Form.
.
__
=-/
__ a. Name of road, street, and/or drainage ditch affected.
/'
<
___ 7__ c. Plans and specifications.
Date
(4)
t Administrator
[\WPDAT
A\PR.OCED\PERMmllEVYEWFORM
""lId
Date
FORT BEND COUNTYENGUffiEmNG
PERMIT DEPARTMENT
CONSTRUCTION OF DRIVEWAYS AND CULVERTS ON COUNTY EASEMENTS AND RIGHT OF WAYS
COMMERCIAL PIPE PERMIT APPLICATION
P.O. BOX 1449 • 1124 BLUME ROAD
ROSENBERG, TX 77471
(phone) 281-633-7502 or 7503· (Fax) 281-342-7366
Application No. 3;:r~'1>1
APPLICANT INFORMATION
(County Us. Only)
Lt:>AX
Applicant Name
Applicant Mailing Address
Cb.-..I,v.......r.. .. ,.1
o~A"A.
,,,._v·
•
_L.:1~~::;,?JL._"',f!..-'.,---~~~~,-,,!:-=--
du.r6n<
•
Home Phone
71".1 - 29,.- /&>0/
State
City
Property Owner's Name
•.l/t>4t
City
Daytime Phone
,
~y
&<-y
? 70 I
#!f141kc.a41
.J.GoL
Property Owner's Mailing Address
Ir'""
_
State
n·
LOCATION OF PROPERTY
Ilk? L2,,vJV£r
Subdivision
¥::l
Physical Address
(ATIACH
Gl
?
A,...
___
Sec
1?4e;.,,, rew-~
A-.
Lot
3<?'
.14..........,.,
Blk
.??'
"'~
8
72a..
C-I
A SITE MAP)
SITE USE
Driveway Curb & Gutter Section
o
o
Culvert Only
DRIVEWAY REQUIREMENTS
Length
20' minimum
and
16' maximum
Number of drives
L
(See· Fort Bend County Procedures to be followed for Commercial Driveway, and Median Openings or Modifications)
Available on web site www.co~fort-bendtx.us
•
By signing and submitting this permit application, Jam stating drat I am the owner of this property and I am QlM7re of and agree to abide by
the Fort Bmd County RCJIlotiolU of Subdlviswns and I am aware of Section 2. Item F in the Permits for the Construction of Driveways
& Culverts Olf County &lsmrmtr IIIUJ Right of Ways in Fort Bmd County: Permits shall provide that construction pursuant to the permit
will be commenced within six monlJu and be ctmtpleted within nine months from the date 0/ the permit and that fees collected jor said
permits shall not be nifundable or transferable. ]further understand the permit fee oft] 50.00, ill the/orm ojCASH or PERSONAL CHECK
or COMPANY CHECK or
0
CASlHERS CHECK or MONEY ORDER payable
10
FORT BEND COUNTY, musl be altached
•
The undersigned applicant, agenl or anome)'
construct the driveway and/or..
t in S
any other
tnen mater
orate
•
Other permits may be requiredfor development. Please contact the Fort Bend County Road & Bridge Department/or pipe sizing or the
Fort Bend County Health Department for information on On-Site Sewage Facility permits prior to plannil'lg construction.
hereby certifIeS to Commissioners' Court to be strictly bound to Commissioners' Court to
oriformity with the plans, specifications, tertns, provisions and conditions of the permit and
rence in this application.
C:\DOcuments and Settings\cel\LocaJ Settings\Temp\ENGRcommcrciaipipepermitl23_d02.doc
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to make use of certain Fort Bend County property snbject
Regulating
the Laying, Constrnction,
Maintenanee,
COURT
and Repair of Buded Cables,
Drainage
Ditches
Commissioners
in Fot't Bend Connty,
Texas, Under
the Jnrisdiction
of the
Court ofFOI,t Bend County, Texas," as passed by the Commissionet's
Court of Fort Bend County, Texas, dated the 3rd. day of August, 1987, recorded in
Volume
Texas, to the extent that such order is not inconsistent m:~~~le
Texas Civil Statues.
Upon Motion of Commissioner
by Commissioner
6~'v~1\-
ADJUDGED
_
AND DECREED
,duly
1436a, Vernon's
~,)
,seconded
put and carried, it is ORDEREn,
is hereby
Court of Fort Bend County, Texas, aud that said
notice be placed on record according to the regulation order thereof.
Notes:
1.
Evidence of review by the COlUmissioners Court must be kept on the job site and
failure to do so constitntes grounds for job shutdown.
2.
Mail notices to:
3.
P.O. Box 1449
281/342-3039
tmenced.
,
By Drainage ~t
Presented to Commissioners Conrt
and approved.
Recorded in Volnme
_
Engineer/Manager
Clerk
Revised 12/22/99
l\wrDATA\LETIERSIPERl\llT\Cr'I'I./o,
REV
has not
1"'l.4V
COUNTY OF FORT BEND
1124 Blume Rd.
Johnny Ortega
P.O. Box 1449
Phone:
(281 )342-3039
PERMIT APPLICA nON REVIEW FORM FOR
IN FORT BEND COUNTY
PERMIT NO.
( )c12R88
_
/
(1) Co~lete
-~-;r-
7
/
__
Application Form.
.
a. Name of road, street, and/or drainage ditch affected.
----"'/'-.. (2) Bond:
/
____
District Attorney, approval when applicable.
Perpetual bond currently posted.
No. ~
....":>
.... :S"",,-=5",-1.\:l..._
Am~~JOOIO.
Performance bond submitted.
No.
_
Amount
_
Cashier's Check.
No.
Amount
_
_
Date
(4)
t Administrator
1.\WPDATA\PROCED\PERMIl\REVIEWFORM
wpd
Date
IN,
UNDER. ACROSS OR ALONG!lOADS. STREETS, lIlGllli,\YS ANDD?JlINAGEDlTCIIES
IN fORT BENDCOUNTY
APPLICANT'S JOB NO. 535"1,1'7
PERJoIITNO. ~!!$"<£;
PCT. NO.
/lON0 NO.
~
'\",,?1:.:::5,,-,~=-1(..l-
'!
.:i_
Gee
form"l. notie"
is hereby
given th"t
propos en to lay,
construct,
maintain
nnd/or
line,
in,
under.
across,
or
along
roads,
ditches
in Fort B"nd County, as follows:
In,
Under,
Distance
Nearest
Road or
llit"ll
N"m~
Eo
or Across
Direction
Int~rsection
Alone
: Dis tance
Road or
lli tcll N.lme
Nearest
&
Roads
Ilirec tion
Intersection
~_~_'--,,.....,
__ ...,..,.
__ .....,._
repair
cable,.tonduit
streets,
highways
Roads and/or
Drainage
From
Length of
Crossing
and/or
Drainaee
From
To
Gen~rnl
and/or pole
and drainage
Ditches
Type of ·Construction
Bored:Jacked:Driven:C"sed
Ditches
Distance
Description
Em I'(t?
The location
and description
of the proposed
installAtion
and appurtenances
is
Rlore fully
shown
On the attached
detail.
drawings.
The la~'iIlB,
construction,
maintenanc~
and/or
repair
of the proposed instnllation
shall
be subject
tn
"A
Revised Order Regulatine
the
tRying,
Constructioo,
Nai.nten".:lce and/or
Repair
of Cables,
Conduits,
and/or
Pole
Lines,
In, linder,
Across,
or Along
Roads,
Streets,
Highways and
Drainage
Pitches
in fort Rend COuntr,
Texas,
Under the
.lurisdiction
oC the Commissioners
COllrt of fort Rend Count:,', Texas,"
'''' passed
by Commissioners
Court
of Fort
Uend County.
Texas, dater.
th", 3rrl.
day of
A\I&1U1t. 1967, recoJ:ded
in Vol\\me 639 of the tlin\ltes
of the Commissioners
COllrt
of Fllrt Rp.nd County,
Texlls.
Written
notices
are re'luired:
nnd 2) wh~n construction
is
Hail
To:
Violation
1) 48 hours in "dvance of stRrt
of coostruct.i.nn
complete and rendy for finAl inspection.
Permit Administ.rator/Fort
P. O. Box 1449, Rosenberg,
of
requirements
shall
nend County Engineering
Texas
77471
constitute
.
grounds
for
DATE:
fb&,ee
g~..2.-oy
ADDRESS: /I/O
shut
clown.
S6c
COMPANY
NAHE:
NAME& n:"'".F:
jail
~"MS
(Pl~nse
P1rt"
,
;
(Street/P.O.
&-""v"~
REV. 4/8/91
C:\WP5l\fO~~\PERHIT\CCPLA\PRNITAPP
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TELEPIIONENO:
(accessible
-?:;r&l:.siY"/
Print)
Box)
Ty
State
77<01
Zip
;2.J>(- 3211- 7'3/2._2~ hrs/day,
7 days/week)
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6.. 1 IHlJd !lNIlS!n
REVIEW llY FORT BEND COUNTY COMMISSIONERS
-JO
On this
day of ~\l,rt-
Fort Bend County
accompanying
Commissiouers
E
S$
t.?
e.o{fOV~/I\
EVtMIL S
Q"1/oY
t'A.Cl..~"
th •I
1JtmtINo.~$lP
..__
'1J~'l\$3
~
,PermitNo.~~'1
to make use of certain FOI,t llend County property subject
Regulating
--Oi-- ' before the
Court came on to be heard and revicwed the
~~Ir.e
notice of
Job Location
Dated
,20
COUHT
Maintenance,
and Hepnir of Buried Cables,
Conduits aud Pole Lines, lu, Uuder, Across or Along Roads, Streets, Highways and
Drainage
Ditches in Fort
Commissioners
HelHl Connty,
Texas,
Under
Court of Fort Bend County, Texas,"
the Jnrisdiction
of the
as passed by the ComJJlissiouers
Court of Fort Bend County, Texas, dated the 3rd. day of August, 1987, reconled in
Volume
Court of Fort Bend Connty,
Texas, to the extent that snch order is not inconsistent wit
1
rtide 1436a, Vernon's
:::>
Texas Civil Statues. Upon Motion of Commissiouer
by Commissionel'
ADJUDGED
<..
S\-~~'4\
I\~
AND DECREED
,duly
,seconded
pnt and carried, it is ORDEHED,
is hereby
Court of Fort Bend Conuty, Texas, and that snid
notice he placed ou record according to the regulation onler thereof.
Notes:
1.
Evidence of review by the Commissioners Court must be kept on the job site nnd
2.
Mail notices to:
3.
P.O. Box 1449
2811342-3039
commenced.
gineer
By
,v/A
has uot
Presented to Commissioners Court
and approved.
Recorded in Volume
_
Drainage District Engineer/Manager
Clerk
By
"'",,'lc-ll
-->-"-'<>"""'I..w.,..,.."""'-..L-L...LC.---i;/
Depnty
Revised 12/22/99
IWd'IlA
TAIl J', Tn:.R S\I'[' H "'-II'[ \fTPI.A,REV
~
Compass Bank
,::>0. Bex
•• 3'::;
HOUSler..
Cypress
Texas
CASHIER'S CHECK
-~E ::t~;RCHASE OF .:oN .'mE~,1N;7', 3CND MAY 3E ::;E:JUjREL:;
~E=C;:;E .'.,LOST OR S~=L=~lGF"tC:,:",--::-:ECK C,;N ,~r.::;~~L"'CEC
~";'J...t
',"7210-<1444
E & P Corporation
Date
4867127183
21369
08-03-2004
"'~5 000 ..00""",
S''''
THE SUMOF 55,13 13ladols la I3cts
PAY
TO
**Fort
THE
Bend County**
VOID OVER $5,000.00
ORDER
OF
i
L
PAYABLE THROUGH
',;3 BANK. ST PAUL MN
7 10 27108:l
711"
AS PER ORIGINAL
TOTALrI""I
ITIIISLL-J
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'tit
iH18 15 YOU'FI RECEIPT,
B~l!as
AS PER ORIGINAL
SANti;
SYMBOL TAANSACTlON NUMeEF'l,
oAre:ANC) AMOUNT Of DEPoel"
.liAS! SNOWN e.EtoW.
NOTE:
ALL ITEMS ~EC51VEtl sueJ6CT 1"0 COtftm!¢NS At-lO TER~ STArED ON SIGNATURE CMOS OURReN1'\V. U$Oil.
Fl~ASe p.ET"AINTWf$ TAANS,&.QfiQN RECORD UUR IT IS vr:R1Frt:O ;Y YOllR MONTf.!l'l'l'QUM1iRLY
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Page I of I
Account Information
~
LOGIC
l)oVo·n]mu.l:r-
Account Information
Local Government Investment Cooperative
Customer Account Transaction System
8/11/2004
ACH Deposit for Settlement Date: 8/12/2004
Please Print this Page for Your Records
You have made an ACH Deposit
for Trade Date: 8/11/2004
for $5,000.00
Account:01 - GENERALFUND
effective 8/12/2004
Confirmation Number: 1081104145614
Transaction Menu
~*~
LOGIC
1201 Elm Suite 3500
Dallas TX 75270
1-800-TX-LOGIC
(895-6442)
E-Mail: [email protected]
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8/11/2004
FORT BEND ~OlJNlY CLERK
301 Jackson St.. Richmond. TX 77469-3108
(231) 341-8685' Fax (281) 341-8697· Fax (281) 341--15:0
Fax 123t) 3<11-8681• Fax (281) 3<11·8669
QIANNE WILSON
COUNTY CLERK
LOGIC FAX COVER SHEET FOR
DATE:
August
11.
2004
TO:
LOGIC
FROM:
FORT BEND COUNTY CLERK
FAX NO.:
--C.2Jil)
341 =4442
1
NUMBER OF PAGES:
MESSAGE:
PERHIT
#
Permit #82889
DEPOSITS
(INCLUDING
COVER SHEETI
TIllS IS TO REOUEST THE ACH DEPOSIT(S) AS FOLLOWS:
ACCOUNT
Cypress E
Letter dated AUg.3.2004
IF YOU DO NOT RECEIVE
AMOUNT
NAME
&
P Corporation
Cypress E
$5.000.00
& P Corporation
$10.000.00
THE COMPLETE MESSAGE, PLEASE CALL:
ALICIA.YEOMAIIS
NAME.' _______________
PHONE NO.:
(281) 341-8653 _
Permit #82889 Confirmation #1081104145614 Effective 08/12/2004
Letter dated AUg. 3. 2004 Confirmation #3081104145724 Effective 08/12/2004
CONFIRMATION
NUMBER
DATE
_
ATTN: BUDDY. ALREADY DONE ON THE INTERNET
RePtrY Dcpo.1o
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COUNTY CLERK ACCOUNTING
281 341 4442
Aug -11 -04
2:40PM
Phone Number or
Type
ID
Pages MOde
Status
I
452
8/11
2:39PM
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MESSAGr.,
'lEOWIS
J't.Lo.SE
CALL
PHONr.'10'
UBt)
341--86~3
NAME:
I renoU
: lArue
'112189 C<no.!l:noaU_ n081104I4~r.14 Iff~cth'e 08/12/2004
deeM MI_ ). 2004 C<>n!l.-Uon ,3Q81l0414S124 tfhcrht
COI"F1RMAnOf'l
NUMliER
ATIN: DIrnDX
~
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AI REApy DONE ON THE INTERNET
08/12/2004
_
DEPOSIT
PERMIT #
STYLE:
82889
Cypress
E & P Corporation
NAME PUT INTO LOGIC AS:
DEPOSIT AMOUNT:
DATE RECEIVED:
Cypress
E & P Corporation
$5,000.00
8/10/2004
DATE TRANSFERRED TO LOGIC:
8/12/2004
I:Excel:Comm/Deposit
Form
COUNTY OF FORT BEND
Johnny Ortega
P.O. Bo. 1449
Phone:
1124 Blume Rd.
(281 )342-3039
IN FORT BEND COUNTY
PERMIT NO.
I
)G~fl89
_
7
___
/
(1) Compl~
1,--
(2) Bond:
__
Application Form.
.
Name of road, street, and/or drainage ditch affected.
~L=---_ a.
/
Date
Date
(4)
We have reviewed this project and agree it meets minimum requirements.
_rhJ 6y
Date
1.\WPDATA\PROCErnPERMJ1\REVIEWFORM
wlld
FORT BEND COUNTY ENGINEERING DEPARTMENT - PERMIT SECTION
P. O.BOX 1149·1124 Blum. Road
Rosonborg. Texas 77471
Phon. (281)34:?-3039' Fax (281) 342-7366
PERMIT FOR THE CONSTRUCTION OF DRIVEWAYS
AND CllL VERTS ON COUNTY EASEMENTS AND RIGHTS OF WAY W1TI1IN FORT BEND COUNTY
APPLlCATIONNO.~
DRIVEWAY AND/ORCULVERT
APPLICATION FORM
County Us. Only
Q
I. Le><aUon
of DrivewayIlldiorcuJytn~1
JoHlJ
S_<isionN
SIDE
~
E.V~RPAD
(StreCI Address) (HLotP Addrets if Ivailable)
FosTe.R lE.A.<'oUESee--
BIJ\a'sTBAC.T
E~P CQRP.
:C.YPRESS
2. AppliclllIN
BT H
Phone
2>- STE. 3$ilY
Mailiol_I2.777 JoNf;.S
2.8 \- e>SS -8 5 '=>5
77070
~J'ON_Zip
) Agricultural
) Sin~e Family Dw,UinI
3. Site Use:
) Driveway·
2.0
ioal'of--_
Loc__
Curb A Gutttr Section
~
) Culvcn Only
Driveway with Culven • open ditch seclion
4.
Proposed Constl'UctiOft:
5.
INDICATE BELOW THE LOCA TlON OF ruE DRIVEW" Y AND/OR CUL VERT fROM THE NEAREST STIlJ!fT lNTfltSECTJON:
~. If the
applic:anl is a corporation.
permit
be respoasiblc
to Commissiollers'
p;utncr5hip
or oeMr legal emiry other man • nllurll
Coon ~o see daaI..aD prtIvisions of the Drivewayand/or
peJ.5QQ.)Ule
the name: ofthc one
Of
mon persons who will
Culvert Pamit wiU be in CQmpliance.
K=AU
,.
-'-'_·'''-uad
to ConwissKtDcn' Court to tOIlSU'UCllhe
nsof'thc ~1
aM any Olbcr wndtn material
Thr. Wl4cn.ipe4 tpplieMt" aaem or aROmey
drive")'
and/or tuivUl UlSIriCl coDfomUcy wi
irwoopa.-cl b~ re!ucDcc in this .pplicarion.
---------------~-------------------For
COUIllYllequi=n<nlS
u.. Only
Driveway
CuI_
R<qui .. _1S:
I
Code
_
Lcnp______
1 Bld~ T)'pt
, Cc
Diameoor '" Type,
I
Pel
Kor Mop Loeo<ioft
t, \W.~T),\lIWqu.1,)tlC1na\
Pl>one
Si1.<d By
I Dev
PennR
1ft.p.<loon 0Uui<l
J"lnal \drl veCtle_l1
Q
.""PC
19
I
Notes
_
I
011<,
_
Plancki'
Pennkf«
$,
_
"'v.
1l/UJ2000
COUNTY OF FORT BEND
P.O. Box 1449
Rosenberg, TX 77471
Johnny Ortega
1124BlumeRoad
Phone: 281-342-3039
RELEASE AUTHORIZATION
THE FOLLOWING DOCUMENT (S) CAN BE RELEASED UPON ORDER OF COMMISSIONER
COURT:
Check one or more documents per project
PERPETUAL BOND
#_--------------
$-------------
Name:
_
PERFORMANCE BOND
:.!.~~t~1:..I.
$
5",tJOO.
CASHIER'S CHECK
#_---------------
$--------------
Name:
_
RIDER TO BOND
#_--------------
$------------
Name:
_
PERMIT NUMBER (name or location:
~1'\\
RELEASE DOCUMENT (S) TO THE FOLLOWING:
Name:
=rqf.D
Address:
City/State/Zip:
~VINL.
?- D.
\20,,"
1\~f,r\iM..LP
_
Q? 5 do \
_~v..'ok 'S"",.
:J:7d=$;\
~ IV\'\t.~ ~v"""'"
AGREED:
•
COMMISSIONER, PRECINCT# -'-
_
GINEER
COURT APPROVED:
DATE OF
~-\~-~\\
#
RB,1~~: "--~:+-ri7""~"7A:---
BY: ---~~LU~~~~~9
DEPUTY COUNTY CL
J:\WPDA T A\LETIERS\PERMIT\releaselulho
\a-;:r
301 Jackson 51., Richmond, TX 77469-3108 (Main)
303 Texas Parkway, \lissouri City. TX 77459 !Branchl
\2Sl1 341-8685
W\vw. co. tort-bend. tx. us
DL\NNE WILSON, Ph,D.
COt'NTY CLERK
Admm Fax 1281, 341-8697
Civll Fax ,2811341-4520
Cnnunal Fax 12811341-8681
Recordmg Fax 12811341-8669
August 16, 2004
NOTIFICATION OF RELEASE OF BOND
A release order has been issued by the Fort Bend County Commissioners Court for
the following:
BOND#
104243 237
55,000.00
PRINCIPAL
Teppco Crude Pipeline, L.P,
SURETY
Travelers Casualty and Surety Company of America
RELEASE TO
Mike Brown
Teppco Crude Pipeline, L.P,
P,O, Box 2521
Houston, Texas 77252
Information on the issuance and release of this security are on file at the Fort Bend
County Clerk's Office, Inquiries should be addressed to Dianne Wilson, Ph,D" Fort
B'UEak.
Alicia Yeomans
County Clerk's
cc:
301J~kw,.
°
""hm"'. T
ti'
77469-31
08" "Il 281-341-8653.
fiee
Mary Jane Sowa, Fort Bend County Engineering
FORT BEND COUNTY
1 •. 1
COMMISSIONERS COURT AGENDA REQUEST FORlVI
DATE SUBMITTED:
SUMMARY OF ITEM:
OFFICE
SUBMITTED BY:p .BATTS(AGENDA
DEPARTMENT:
ENGINEERING
PHONE NO.:
(281) 633-7507
7/29/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
enfet
APPROVE FINAL
PHASE
4,=100
IIISPECTIOO
OF THE I'OLLOIIIIIG
REI'ERmcID
SUBDIVISION:
#
(ll
Yes ( )
J
•
Fund
N/A ( )
Funding Source:
Agency
Object
... \
UL 2
,.J: :
;j
2004
~U~
FINANCIAL SUMMARY:
)No()
GRAND LAKES
~'RfCErt'EiJ', "
No ( )
Yes(
J;A
1
BUDGETED ITEM:
AGENDA
COORDINATOR)
ANNUALIZED DOLLARS:
OneTime
( )
Recurring
N/A
( )
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( ../ when completed)
If by E-Mail to ospindonialco.fort-bend.tx.us
If by Fax to (281) 341-8609
( ) Auditor
(281-341-3774)
( ) Comm. Pet. 1
(281-342-0587)
( ) Budget Offieer
(281-344-3954)
( ) Comm. Pet. 2
(281-403-8009)
( ) County Attorney
(281-341-4557)
( ) Comm. Pet. 3
(281-242-9060)
(281-341-8642)
( ) Comm. Pet. 4
(281-980-9077)
( ) County Clerk
(281-341-8697)
1.
2.
3.
Wednesday at 2:00 p.m. to tbe departments listed above.
RECOMMENDATION
/ ACTION REQUESTED:
RELEASE AUTHORIZATION
THE FOLLOWING
COMMISSIONERS
DOCUMENT(S)
COURT:
CAN BE RELEASED
check one or more documents
UPON ORDER OF
per project
BOND
$ 655,600.00
# 6124025
PRINCIPAL: -o!oT£,Ml,lI
.....
,----'I"'n.,;c'-.'-SURETY:
Safeco Insurance Company
--,of America
_
BOND RIDER
#_------------
$------------
Name :
_
LETTER OF CREDIT
$-----------
#_-----------Name :
_
OTHER
#_------------
$-----------
Name:
CONSTRUCTION PROJECT (Name or location) :
GRAND LAKES PHASE 4, SECTION 1
RELEASE DOCUMENT(S) TO THE FOLLOWING:
Mr. Robert Banford, III
TMI, Inc.
16285 Park Ten Place, Suite 300
AGREED:
•
COMMISSIONER,
PRECINCT
#~3
NGINEER
COU ,~".""
DAT:El:~l.i:~~3J~TI~~~r::==
BY:
Deputy
1:\WPDAT A\PROCED\DEV\releasefrm
.. uOI.wpd
_
D. Jesse Hegemier
County Engineer
July 28, 2004
Commissioner W. A. "Andy" Meyers
1809 Eldridge Road
RE:
Grand Lakes Phase 4, Section 1
Dear Commissioner:
A final inspection of the roads for the above referenced subdivision was made, and all of the deficiencies
have been corrected. The streets, along with their footage lengths: are as follows:
Grand Trace Lane
South Lakebluff Circle
North Lakebluff Circle
Hollow Trace Lane
Briar Summit Lane
Cloverfalls Lane
Bell Hollow Lane
Arrowbrook Court
Alder Springs Court
Alder Springs Lane
Riverrnoss Lane
Trailstone Lane
Shadowcliff Lane
TOTAL:
1,122.78
613.34
856.93
45.56
515.42
253.46
1,438.86
184.63
103.05
826.97
683.97
722.65
221.51
7,589.13
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
The current bond is # 6124025 in the amount of$ 655.600.00
TMI, Inc.
. Release bond to:
If you should have any questions or need additional inforrnation please feel free to call.
Sincerely,
~;r~
Steven L. Evans
SLE/mjs
cc:
Mr.
Mr.
Mr.
Mr.
File
Chris Jacobs, Brown & Gay Engineers, Inc.
Scott Goerlich, TMI, Inc.
Dan Marcheli, Durwood Greene Construction Co.
Roby Tate, FBC Road & Bridge
P.O. Box 1449 • I 124 Blume Road
I:\WPDATA\LETTERS\DEV\02104074_dOl.wpd
Rosenber~. Te.\<lS77471 • (281) 633-7500
• Fax (281) 342-7366
DIANNE WILSON. Ph.D.
('oeNTY
301 Jackson St.. Richmond, TX 77469-3108 (Main)
303 Texas Parkway. Missouri Ciry. TX 77459 (Branch)
(281) 341-8685
W\v\\! .co. fort-bend.tx. us
CLERK
Admin.
Civil
Criminal
Recording
Fax (281) 341-8697
Fax (281) 341-4520
Fax (281 ) 341-868 \
Fax (281) 341-8669
August 19, 2004
:,/OTIFICATION
OF RELEASE OF BOND
A release order has been issued by the Fort Bend County Commissioners
the following:
Court for
$655,600.00
BOND#
6124025
SUBDIVISION
Grand Lakes Phase Four, Section One
PRINCIPAL
TMI, Inc.
SURETY
Safeco Insurance Company of America
RELEASE TO
TMI, Inc.
~,y c:""
Information on the issuance and release of this security are on file at the Fort Bend
County Clerk's Office. Inquiries should be addressed to Dianne Wilson, Ph.D., Fort
301 J~loo., Ri'hmo.' T,= 7746;}.3108 ,,~Il 281-341-8653.
County Cler ' s Office
cc:
Mary Jane Sowa, Fort Bend County Engineering
CYPRESS
Cypress E&P Corporation
August 3, 2004
P.O. Box 1449
Subject: Use of Fort Bend County Road
During Planned Drilling Operations
Gentlemen:
Cypress E&P Corporation (Cypress) proposes to cause the drilling·ofa well, Foster
Farms No.2, in search of oil or gas on lands located in the John Foster League, Abstract
26 in Fort Bend County, Texas. The drilling rig and materials necessary to drill Foster
Farms No.2 would be transported to the planned location via approximately a 3500-foot
portion of unpaved Evans Road, extending westerly from its intersection with Texas
Highway 723. The permit for use of Evans Road is hereby respectfully requested
effective August 10,2004.
It is further proposed by Cypress that, in lieu of a surety bond to be held on behalf of Fort
Bend County, that the attached Cashier's Check in the amount of $10,000.00 be accepted
by the appropriate authority and held as a surety deposit. This deposit would be to ensure
the repair of any damage caused by the operation of any vehicles traversing Evans Road
in conjunction with the planned drilling project.
Cypress understands that the 510,000.00 so deposited would not be returned until the
Commissioners' Court of Fort Bend County is duly satisfied that any such damage
resulting from the planned drilling has been repaired, or that none occurred. It is also
understood and accepted hereby that the amount of deposit tendered does not limit
liability in the event that this drilling activity causes damage exceeding said deposit.
Your assistance in the handling of this proposal for consideration of approval is earnestly
requested and would be greatly appreciated. Please advise if any further information is
required.
Vi ry
ly yours,
Donal~ J. Pfau
Attachment
_Q .
f-r
~
Compass Bank
:;::)
Box ..1,1":'..:-
:-i0USt0(1. '8xa;;
Cypress
&
~:: . -,~JOE"'1NlTv
SOi'JD '.~AV BE ;':E,':";:.::;;:=
::E;::ORE :..c.'':S: ,:;p S-;-2:"=~j CF-=ICIAL C!1!:CK CAN ~E PE~I_..l,CE[)
::J._':;-::,-:.\~::
-:O-:'C)- .. ..1..1-:
P Corporation
Date
4867127188
I
*~Fort
Bend County**
-~21369
.~~
---
08-03-2004
s
THE SUM OF ~ 113,13 0 radols 13racts
PAY
'0
E
CASHIER'S CHECK
-:-~
VOID OVER $10,000.00
DRGEA
PAYABLE THROUGH
US BANK, ST. PAUL. MN
71.271.88211·
"'-kl0, 000 _00"',"
AS PER ORIGINAL
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THIS IS YOUR A~CEIPT. BANK
SVU80L, TRANSACTION
NUMIiPIiiA.
DATI!! AND AMOUNT OF DEPOSIT
AAi. SHOWN
TIlERN
IlATlONAL
BANK ff' TX
7909/11/04
TOOI,32PM
~ A ll6JlOSit
Acct. 2207036
NOTE:
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110;000.00
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LOGIC
Page 1 of 1
\,"hllt i~LOGIC":
l.ink,
Account Information
Local Government Investment Cooperative
Customer Account Transaction System
8/11/2004
ACH Deposit for Settlement Date: 8/12/2004
Please Print this Page for Your Records
You have made an ACH Deposit
for Trade Date: 8/11/2004
for $10,000.00
Account:01 - GENERALFUND
effective 8/12/2004
Confirmation Number: 3081104145724
Iran5ilctionMcl1Jd
4£*~
LOGIC
1201 Elm Suite 3500
Dallas TX 75270
1-800-TX-LOGIC
(895-6442)
E-Mail: inf!!@logic.!!1"9
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811112004
30\ JaCKson St.. Richmond, TX 77469-3\08
':3 1) 34\-8685 • F:u (:31) 341-8697 • F:u (:31) 341--15:0
fox ,:81) 341-8681 • Fox ,:81) 341-8669
DI.-\NNE WILSON
COC;'>iTY CLERK
LOGIC FAX COnR
D....TE:
SHEET FOR
Augnst 11,
2004
TO:
LOGIC
FROM:
F..u: NO.:
-U8l-l
NUMBER OF PAGES:
MESSAGE:
P.ERlfIT It
DEPOSITS
341· 4442
1
(INCLUDING COVER SHEETI
TIllS IS TO REOUEST THE ACH DEPOSITfS)AS FOLLOWS:
AMOUNT
ACCOUNT NAME
Permit #82889
Cypress E
Letter dated Allg.3,2004
& P Corporation
Cypress E
$5,000.00
& P Corporation
$10,000.00
IF YOU DO NOT RECEIVE THE COMPLETE MESSAGE,PLEASECALL:
NAME:
ALICIA. YEOMANS
PHONE NO.:
(281)
341-8653
Permit #82889
Confirmation #1081104145614
Effective 08/12/2004
Letter dated Aug. 3, 2004 Confirmation #3081104145724
Effective 08/12/2004
CONFIRMATION NUMBER
DATE
ATTN: BUDDY, ALREADY DONE ON THE INTERNET
_
HP LaserJet 3100
Prlnter/Fax/Copler/Scanner
Job
452
Start Hme
8/11
2:39PM
Total
Usage
SEND CONFIRMATION REPORT for
COUNTY CLERK ACCOUNTING
281 341 4442
Aug-11 -04
2:40PM
Phone Number or IO
0'24"
Type
Pages Mode
214 672 6775 Send
0'24"
Pages Sent:
8
.
Pages Prlnted: 0
FOIIT
"fj--·----'
..
.
.. ~.
BEND COUNI'Y CLERK
,0\
";~- ,~
1/ 1 EC144 Completed
J=""=~
S,_. Richm<><ld. TX 77.;(,9~310~
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,0,-< :;;1' ~J.l·8l>il1·
Fu':Sl: .'41·.~
SI....:-;NE,Vn •.:';Q!·i
:~lmTY CLERK
LOGiC
FAX COVER
TO'
FORT ~If;NP cm",n"l'
F~X,'(O'
.aALl ~
nus
:o.ass"GE:
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LOGK
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1
! 11'19
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ISmRi'.Q!!pfT'BJ
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"CHDt;ro.<jm:n,o,s
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;:.l .... ME
Cypreu
It ..
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$5.000.00
Corpult&t:i.oa
I
l.-n_ ... dau4
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NAIom:
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...... 3.2004
NOT
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341-36jJ
'82889 C,.. Uraat1oa 110&1104145614 Effeeel ...., 08/U/2OCl4
dated AlaI. J. 2004 c....UraaU01O 1308\104145124 Ift."d ...., 081121~
COf"FfliMATtON
NUMBi:.Il
1),0, TE
_
..---
AITN: BUDDY AI READv DONE ON THE INITBNET
;.
Status
i
;
DEPOSIT
PERMIT #
Letter Dated August
STYLE:
Cypress
3,2004
E & P Corporation
NAME PUT INTO LOGIC AS:
DEPOSIT AMOUNT:
DATE RECEIVED:
Cypress E & P Corporation
$10,000.00
8/10/2004
DATE TRANSFERRED TO LOGIC:
8/12/2004
I:Excet:Comm/Deposit
Form
• -.
o,._~,
•
FORT BEND COUNTY"\
\J r: I
RETURN TO: AGENDA COORD.-COUNTY JUDGE'S OFFICE
DATE SUBMITTED:
SUBMITTED BY: Ann Werlein
DEPARTMENT: County Judge
PHONE NO:
8/3/04
AGENDA
/3
SUMMARY OF ITEM: FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT #1: The Board of Directors of the Fon Bend
County Fresh Water Supply District #1 reviewed the following at their regular meeting on June 15,2004:
authorized payment oflnvoke No.5 in the amount of$26,328.26 to Carter· Burgess. (Fund: 010-042M03A·2000·4010)
Yes 0
LIST SUPPORTING DOCUMENTS ATT ACHED:
No (,,)
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes(")
Fund
NoO
N/AO
Funding Source:
Agency Object
ANNUALIZED DOLLARS:
OneTime
0
Recurring
N/A
0
COMMENTS:
(" )
Original Form Submitted with back up to County Judge's Office: Yes ()
CC with back up:
yes (,( )Auditor
yes ( ,()Budget Officer
yes ( ,()County Attorney
yes ( ,()purchasing Agent
yes ('" )County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(,( )Comm.
( ,()Comm.
( ,()Comm.
(,( )Comm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
I.
2.
3.
Fax or inter-office copies of agenda form with all back up iuformation by Wednesday at 2:00 p.m. to the departments
listed above.
The Financial Assistance Agreement between County and District became effective October 1, 2002. Expenses incurred after
October I, 2002 will be brought forward to Commissioners Court for approval.
July 31, 2004
Honorable Judge Robert E. Hebert
c/o Ann Werlein
301 Jackson
Richmond, Texas 77469
Re: Payments for the Fort Bend Co. FWSD #1 Project - Design Phase
Dear Ann,
The Board of Supervisors of the Fort Bend County Fresh Water Supply District
No.1 reviewed Invoice #5 at their regular meeting held June 15, 2004, and
recommend the approval and payment of said invoice to Commissioners
Court Note that this invoice is for the Design Phase and is the fifth invoice for
this phase.
We request that the attached Invoice #5 be placed on the Commissioners
agenda.
Court
Please contact me if you have any questions. My number is 281-369-3150.
Sincerely,
C:;P. U;~ Yh. . ~~-IlI-!,(....bs.f',
t!.-(A-
-;;~-~.
Smith Herbst, CPA
Bookkeeper
P. O. Box 858
Rosharon, Texas 77583
(281) 369-3150
FORT BEND COUNTY, TEXAS
PURCHASE ORDER
J,l
P.o. NUMBER:
SPECIAL
PC 00100001665
01
PAGE .:
INSTRUCTIONS:
P.O. DATE:
AS PER ORIGINAL
BUYER:
01
DEBB!E
BY
17
2003
12
17
2003
NO
CiJl...,lNTY
SHIP TO'
VENDOR:
CARfER-B1JRGESS,
DELIVER
12
FOB:
CONFIRMING:
~AMINS~r
r-"-
JUDGE
309 S 4TH STREET,
F: rCHf10ND TX
INC
SUITE 719
77469
5S WI~UGH DR #801)
COUNTY
BILL TO:
7l;)07--S83:]
T:J;.
HOtJSTON
3G t
RICHMOND
ROY HEARNSBERGER
oeSCRIPTION
C'~)l
t. 000
301
Cii D 042
FRESH
JUDGE
.JAC~.SGr\1
QUANTITY
EP.,
TX
77469
':£
MO:3f.,
WATEH
#1
TOfAL
DESIGN
PH ...
';SE
APf:f';;GV
CGriM
CCur-:;T
10/21/03
F'lJRCHASE ORDr:~ FDP ,.~CCDIJNTING Pur;;j-""'OSE CiNL.Y r:-EP ATT·;CHED
INFORM,;r rO\',j.
CONTR/;CT'.J!~:
·3i.:::._.ECTIC~\i PROCELlJHES
A;",ID f\l'l"{ OTHEP
FER,'!:'>lfNr
DOClJi"iENTA'TIOr-J.
SEE
FORT
BEND
RDAD
AUrHORITY.
P~ID I~JVO!CE #16 rOR PHASE r CONTRACT (PC001-1370) O~I THrS
M"[STAKF. I~CREAS~: OF $25,670.24 DUE TO "fHIS ERROR.
PO BY
.:2(,} 32t. .2~
PA.:;:E
TOTAL..
1> '
2~
':~~RAi',jD TClTAL..
BY MY SIGNATURE I ATTEST THE I11,MS ON THIS ORDl!R
RECEIVED AND THAT AI.L ITEMS MEET sPECIFlCATlONS.
JGNAnJAE
'Be'"
FORM
----
OF PURCHASING
AlJT1<)RIZEC
AGE
RECEIViNG
1074 (MAY 92)
----
-- - - -
-
--
-
-
---
SlGNATURE,tlATE
HAVE BEE'
g '7-D'o/
REPORT
------------
-
-- - ----------------- --
PURCHASE ORDER
·r~ .,.~
P.O. NUMBER:
PC 00100001665
AS PER ORIGINAL
SPECIAL
PAGE":
INSTRUCTIONS:
P.O DATE:
DELIVER BY:
BUYER:
01
DEBBIE
CONFIRMING:
~,AMINSKI
01
12
17
2003
12
17
2003
FOB:
NO
CiJtJNTY
SHIP TO'
VENDOR:
,JI."lDGE
309 S 4TH STREET, SUITE 719
RICHMOND TX 77469
CAR fER-BURGESS,
55 W/\UGH DR #GQI)
COUNTY JUDGE
30 t .JACIA,SOi·,!
RICHMOND TX 77469
BilL TO:
HOUSTON
ROY HEARNS8EPGER
DESCRIPTlON
301
t. 000
QUANTITY
EP~
>:£
010 042 M03A 2000 4010 01
FR1::SH Wt-,TEn #-J. TOTAL DE'.:.:::IGN PH,.iSE
PUF~CHASE ORDr:7. FDR
CO~lTRACTSR
Apr:;.-;;O\l CGriM ccu;;;r
10/21/0::.
,·\CCDIJNTING pUf·:eOSE DNLY
PER ATT.;1':::HED rNT·~OR!"1ATrON.
SEt_EC'Tr(;NPROCEDURES
AND
AN~' OT~~EP PER~'INfNT
DOCU~!E~l-rATIOr-j.
SEE FORT BEND ROAD AU fHOR 1TV.
PAID I~JVOIC~ #16 fOR PHASE I CONTRACT ~PCOOl-1370) ON TH~S PO BY
M·[STA~F.
INCREAS1:
OF $2S, 670_ 24 DllE TO -rHIS ERROR.
..:2-(" J
PA·';;E
'':;RAr·iD
32.K. .2 c;,
TOTAi..-
1.·
TC;T..=.L..
1. 333.,":(
""3. 310
2-~
2-':;'
1 (I
BY MY SlGNATU~E I ATTEST THE I11:M5 ON THIS O~Ol!R HAVE BEE'
~ECEIV£D AND THAT All I11:MS MEET SPECIFICATIONS.
IGNATlJRE
'BCA
FORM
OF PURCHASING
AUTHO~IZED SlGNATU~Eft)A11:
AGE
107" (MAY 92)
-_._--
----
-
-
-
-
-
-
--
--
RECEIVING
REPORT
--
---- -- ~
---
-
- - -------------
g'7-D~
~-
Carter:: Burgess
FORT BEND COUNTY
FRESHWATER
SUPPLY DEPARTMENT
No.
6/1712004
Invoice Date:
P.O. BOX 858
ROSHARON,
AnN:
TEXAS 77583
PHYLLIS SMITH HERBST, CPA
Invoice No.:
1955210
Project No.:
030828.020
INVOICE #5
REFERENCE:
Design Phase for FWSD#l
FOR PROFESSIONAL
SERVICES
Water and Sewer System
RENDERED
FEE
THIS PERIOD
BUDGET
TASK
5/28/2004
THROUGH:
PREVIOUS
INVOICES
%
COMPLETE
Design Phase Engineering
$1,307,640.00
$
26,328.26
$
215,723.05
TOTAL
$1,307,640.00
$
26,328.26
$
215,723.05
LESS PREVIOUS
18.5%
18.5%
INVOICES:
II
TOTAL
TO DATE
$
242,051.31
$
242,051.31
$
215,723.05
INVOICE AMOUNT:
CARTER
Vernon
Approval
& BURGESS
H. Webb, P.E., Project
$26,328.26
APPROVAL:
Date
Mimager
of Invoice:
~
Date
Dale
Remit To: Carier & Burgess,
Inc., P.O. Box 99350,
Fort Worth, TX 76199-0350
Wire Transfer: Bank One. Texas, ABA #111 000 614, Credit: Carter & Burgess, Account #1881137242
Corter
& oo.;rgess 'ne
Carter
& Burgess Archire<:ls/Enginee-s.
C&a Architects/Engineers.
PC
!ne
Ccrter
C&B ~evc::da. Int
& Burgess Con,,,llcn'S.
"C
Nixon 3. Lcird Archirec~,,=ng
::::3.3,.o.r:hltec;,/t:1gineer;
"leers;:>:::
Int
II
FORT BEND COUNTY
P,"'J_I
DATE SUBMITTED:
SUBMITTED BY: Ann Werlein
PHONE NO:
8/3/04
AGENDA
It-/-
SUMMARY OF ITEM: FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT #2: The Board of Directors of the Fort Bend
County Fresh Water Supply District #2 reviewed the following at their regular meeting on July 20, 2004:
authorized payment of Invoice No. 75939 in the amount of$30,756.8 I to Pate Engineers. (Fund: 010-042M03C-2000-40 I0)
Yes 0
FINANCIAL
SUMMARY:
BUDGETED ITEM:
Yes("')
Fund
No ("')
NoO
N/AO
Funding Source:
Agency Object
ANNUALIZED DOLLARS:
OneTime
0
Recurring
N/A
0
COMMENTS:
( '" )
CC with back up:
yes (,I' )Auditor
yes ( ,I')Budget Officer
yes ( ,I')County Attorney
yes ( ,I')Purchasing Agent
yes (....)County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(,I' )Comm.
( ,I')Comm.
( ,I')Comm.
(,I' )Comm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
I.
2.
3.
Fax or inter-office copies of agenda form with all back up information by Wednesday at 2:00 p.m. to the departments
listed above.
The Financial Assistance Agreement between County and District became effective October 1, 2002. Expenses incurred after
October 1, 2002 will be brought forward to Commissioners Court for approval.
July 31, 2004
Honorable Judge Robert E. Hebert
c/o Ann Werlein
301 Jackson
Re: Payments for the Fort Bend Co. FWSD #2 Project
Dear Ann,
The Board of Supervisors for the Fort Bend County Fresh Water Supply District No.2
reviewed the following invoices at their District meeting held July 20, 2004:
Pate Engineers
Invoice #0075939
Dated 5/26/04
$ 30,756.81
The total for all invoices is $30,756.81. The Board recommends
payment of said invoices to Commissioners Court.
the approval and
We request that the attached invoices be placed on the Commissioners
Please contact me if you have any questions.
Court agenda.
My number is 281-369-3150.
Sincerely,
CJ)
ID'S
~h~Smith
Bookkeeper
P. O. Box 858
fh- ~:~
~b-b.d-j
~e~
Herbst, CPA
Rosharon, Texas 77583
(281) 369-3150
PURCHASE ORDER
PO. NUMBER:
SPECIAL
PC 00100001517
01
06 16 2003
PAGE.:
INSTRUCTIONS:
P.O.OATE:
DELIVER
BUYER:
01
VAMINSKI
c·
NO
COUNTY .JUDGE
309 S 4TH STREET,
SHIP TO:
VENDOR:
760091776
PATE ENGINEERS,
13333 NORTHWEST
INC
FWY, SUITE 300
RICHMOND
HOUSTON
JEFF ROSS
~*NOTE** THIS
ORDER
77040-6071
RICHMOND
WAS
MODIfIED
1.
010 042 M03B
2000
4010
TX
000 EA
@
217.016,920000
EXTENDED
COST
217.016.92
01
FOR FRESH WATER DISTRICT #2 APPRV COMM COURT 6/101
EXPENDITURES
2003 - AND APPROVED BY WATER BOAPD 7/16102
10/1/02.
ON FINANCr.o,L ASSISTMlCE
AGREEMEr.JT EFFECTIVE:
ENGINEER.
***
002
77469
UNIT COST
QUANTITY
301
SUITE 719
77469
ON 05/12/2004
DESCRIPTION
001
TX
COUNTY JUDGE
301 .JACKSON
BilL TO:
TX
06 16 2003
FOB:
CONFIRMING:
DEBBIE
BY:
FOR ACCOUNTING
PURPOSES
@
301
PAID
BASED
***
ONLY
o
O. 00
000000
010 042 M03B 2000 40iO 02
SAI'1E AS
003
ABOVE
301
1. 000
EA
168,683080000
168,683.08
1. 000
EA
37S.200.000000
375.200.00
000
EO,
6,000.000000
010 042 M03C 2000 4010 03
SAME AS
ABOVE
G04
301
010 042 M03C 2000 4010 03
ADDITIONAL
005
010
SERVICES
1.
301
042
M03C
REIMBURSABLE
2000
4010
6,000 00
03
EXPENSE3
3D, 15{,.-S'{
1593Ci
PAGE
TOTAL
GR,~ND TOTAL
7<Sk.,900.0C
766~O
BY MY SlGNATlJRE I ATTEST THE ITEMS ON THIS ORDER HA~
RECEIVED AND THAT ALl ITEMS MEET SPECIFlCATlONS.
AUTHORIZED
""BeA FORM
107. (MA'!' 92)
-----
RECEIViNG
SlGNATURWATE
,-or
C'-<>
o
REPORT
------------------------
-----------~-~
00
BeE
.
•
PATE ~ ENGINEERS
Project:
Invoice No. 0075939
May 26. 2004
Four Comers/Rio Brazos W&S
1166-001-00
Ft. Bend County FWSD No.2
Phyllis Herbst. CPA
PO Box 858
Rosharon. TX 77583
Services thru May 25, 2004
I.
To Date
95.00000%
Engineering Design{ 329,000)
0%
II. Construction Phase Services ( 56,700)
III. Engineering During Construction( 36,160)
0%
0%
IV. Construction Observation (204,904)
TOTAL BASIC SERVICES
ADDITIONAL
284.585.00
0.00
0.00
0.00
Tuta: DUG
This Invoice
27.965.00
0.00
0.00
0.00
312,550.00
284.585.00
27.965.00
11.000.00
53,472.00
0.00
28,000.00
74,728.65
92,702.60
15,457.77
275.361.02
11.00000
53,472.00
0.00
28,000.00
73.828.65
92,702.60
13.577.66
272.580.91
000
0.00
0.00
0.00
900.00
0.00
1,880.11
2,780.11
1,826.94
30.00
42.72
10.00
1.826.94
30.00
31.02
10.00
0.00
0.00
11.70
0.00
Gilit:d
Comp;ettt
To Date
312.550.00
0.00
0.00
0.00
Pie ..:ous
!!.!!!!.I!
SERVICES
1. TPDES Waste Discharge Permit(11,OOO)
2.
3.
4.
5.
6.
Soils (55.700)
O&M Manuals (13.500)
Control Survey (28.000)
Property Survey (77.000)
Route Survey (174.000)
7.
Design Connections (16,000)
TOTAL ADDITIONAL
REIMBURSABLE
SERVICES
EXPENSE
Reproductions
Travel
Delivery
Permit Fee
T"lRCC .A.,"r-Jicat!c~:::~e
G5C.CC
Public Notices
TOTAL REIMBURSABLES
TOTAL AMOUNT
NOW DUE
Approved this
~'j.;)o
&aun
0'
O,\)0
~~,,J.OQ
2,719.46
5,179.12
2,719.46
5,167.42
0.00
11.70
593,090.14
562,333.33
30,756.81
c?<> 0 "
PATE ENGINEERS, INC. -13333 NORTHWEST FREEWAY, SUITE 300, HOUSTON, TEXAS 71040·713/462-3178·
FAX 713/462-1631
;-:"GENDA ,rEM
FORT BEND COUNTY TOLL ROAD AUTHORITY
J
AGENDA REQUEST FOR COMMISSIONERS COURT - AUGUST 10,2004
54 - F
August 3, 2004
Dear Judge and Commissioners:
The Board of Directors of the Fort Bend County Toll Road Authority reviewed the
following items at their regular meeting held on July 21, 2004 and makes the following
recommendations to Commissioners Court:
1.
Approval of utility relocation agreement with DOW Pipeline Company in an
amount not to exceed $463,758.00 for the Westpark Corridor Project.
2.
Approval of Change Order Number 2 for a 60-day time extension to contract
A001 with W.W. Webber, Inc. for the Fort Bend Parkway Corridor, Project A.
3.
Approval of Change Order Numbers 2, 3, 4 (for a 60-day time extension) and 5 to
contract A023 with W.W. Webber, Inc. for the Fort Bend Parkway Corridor, Project A.
4.
Approval of Change Order Number 3 for a 90-day time extension to contract
5.
Approval of Change Order Number 1 with Jerdon Enterprise, L.P. in the amount
of$9,758.76 for the Fort Bend Parkway Corridor, Project A.
6.
Approval of Change Order Numbers 1, 2, 3, and 4 to contract with SpawGlass
Civil Construction, Inc. for the Fort Bend Parkway Corridor, Project A.
Copies of the change orders and agreement will be forwarded for your review. Please
place these items for consideration by Commissioners Court on the agenda for the
meeting scheduled on August 10, 2004.
As always, if you should have any questions regarding this matter, please don't hesitate to
contact any member of the Board of Directors or the Authority's consultants.
Very truly yours,
Richard L. Muller, Jr.
Allen Boone Humphries LLP
Justine Cherne
Cc:
Subject:
Justine Cherne; 'Ron Castillo'; 'Urbanek Linda (E-mail)'; 'Ann Werlein'; 'Bronsell Mandi (Email)'; 'Childers Bud (E-mail)'; 'D'Neal Brown'; 'Evans-Smith Felicia (E-mail)'; 'Hegemier Jesse
(E-mail)'; 'Hurley Dave (E-mail)'; 'Johnson Laura (E-mail)'; 'Judge Hebert'; 'McCarver Jean (Email)'; 'Meyers Andy (E-mail)'; 'Ospina Donna (E-mail)'; 'Patterson James (E-mail)'; 'Prestage
Grady (E-mail)'; 'Robin Vrana'; 'Stavinoha Tom (E-mail)'; 'Sue Brock'; '[email protected]. lX.us'; '[email protected]'
'Bill Jameson ([email protected])'; 'Mike Stone ([email protected])';
'Jim
Spackman [email protected])';
'Joel Schramm
[email protected])';
'Arroyave Bob ([email protected])';
'Gary
Gehbauer ([email protected])';
'[email protected]'; 'Cliff Kavanaugh
([email protected])';
Joe B. Allen; Rich Muller; Tina Tobias; 'Ordeneaux Greg (Email)'; 'Bobbie Tallas (E-mail)'; 'Charles Rencher (E-mail)'; 'Jim Condrey (E-mail)'; 'Norm
Mason (E-mail)'; 'Sturdivant K (E-mail)'; 'Parr J (E-mail)'; '[email protected]';
'Cannatella, John (Turner Collie & Braden Inc).EML [email protected])';
Munoz, Victor
RE: Fort Bend County Toll Road Authority
Dear Judge and Commissioners:
The Board of Directors of the Fort Bend County Toll Road Authority reviewed the following items at
their regular meeting held on July 21, 2004 and makes the following recommendations to
Commissioners Court:
1.
Approval of utility relocation agreement with DOW Pipeline Company in an amount not to
exceed $463,758.00for the Westpark Corridor Project.
2.
Approval of Change Order Number 2 for a 60-day time extension to contract A001 with W.W.
Webber, Inc. for the Fort Bend Parkway Corridor, Project A.
3.
Approval of Change Order Numbers 2, 3, 4 (for a 60-day time extension) and 5 to contract
4.
Approval of Change Order Number 3 for a 90-day time extension to contract A045 with W.W.
Webber, Inc. for the Fort Bend Parkway Corridor, Project A.
5.
Approval of Change Order Number 1 with Jerdon Enterprise, L.P. in the amount of $9,758.76
for the Fort Bend Parkway Corridor, Project A.
6.
Approval of Change Order Numbers 1, 2, 3, and 4 to contract with SpawGlass Civil
Construction, Inc. for the Fort Bend Parkway Corridor, Project A.
Copies of the change orders and agreement will be forwarded for your review. Please place these
items for consideration by Commissioners Court on the agenda for the meeting scheduled on August
10,2004.
As always, if you should have any questions regarding this matter, please don't hesitate to contact
any member of the Board of Directors or the Authority's consultants.
Very truly yours,
1
Richard 1. Muller, Jr.
Allen Boone Humphries LLP
713-860-6415
2
\SA
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
THE STATE OF TEXAS §
COUNTY: FORT BEND
COUNTY OF FORT BEND §
ROAD: FORTBENDWESTPARKTOLLWAY
This agreement entered into this 21st day of July, 2004, by and between The Fort Bend County Toll Road
Authority, a local government Corporation created pursuant to Chapter 431, Texas Transportation Code and
operating pursuant to Chapters 284 and 431, Texas Transportation Code hereinafter called TOLL ROAD
AUTHORITY, and DOW PIPELINE COMPANY acting by and through its duly authorized representative,
L. A. Simper, hereinafter called the OWNER, witnesseth:
WHEREAS, the OWNER, in an Affidavit dated July 21, 2004, has asserted an interest in certain lands and
that this proposed road improvement will necessitate the adjustment, removal or relocation of certain facilities
of the OWNER now located upon such lands as indicated in the following statement of work:
Split Case 300 feet ofDow Pipeline Company's 30 inch Gas Pipeline on the North side ofFM - 1093.
WHEREAS, the TOLL ROAD AUTHORITY desires to accomplish the adjustment, removal or relocation of
the OWNER'S utility facilities by entering into an agreement with the OWNER.
Upon execution of this agreement by the parties hereto, and upon approval by the TOLL ROAD
AUTHORITY of the Plans, Estimate of Costs, Affidavit of Property Ownership, and other instruments
attached hereto, the TOLL ROAD AUTHORITY will, by written notice, authorize the OWNER to proceed
with the necessary adjustment, removal or relocation; and the OWNER agrees to prosecute such work
diligently to completion in such manner as will not result in avoidable interference or delay in either the
TOLL ROAD AUTHORITY'S construction or in said work, but in no event will such work extend past October I, 2004.
The OWNER will carry out said adjustment, removal or relocation in accordance with the plans attached
hereto and the amount paid by the TOLL ROAD AUTHORITY pursuant to this contract shall be full
compensation to the OWNER for making such adjustment, removal, or relocation. Bills for work hereunder
shaB be submitted to the TOLL ROAD AUTHORITY not later than ninety (90) days after completion of the
work.
The TOLL ROAD AUTHORITY agrees to pay the OWNER and the OWNER agrees to accept 100 percent
of the total, actual, and related indirect costs, of the project reduced by salvage and betterment, if any, which
may result from adjustment or relocation, said payment representing that portion of the project for which the
TOLL ROAD AUTHORITY is legally required to pay and for which the OWNER is legally entitled to be
reimbursed, provided, however, that the TOLL ROAD AUTHORITY shall in no event be liable under this
agreement for more than $463,758.00 as full payment for that portion of the project in question for which the
OWNER is legally entitled to be reimbursed, said reimbursement to be forthcoming only after receipt of a
final billing itemized in accordance with the County Auditor's guidelines attached hereto, certified and
accompanied by a certificate of the Toll Road Authority's General Engineering Consultant, Brown & Gay
Engineers, Inc. to the effect that such work has been fully accomplished. OWNER'S interests in the land
within the right of way shall be subject to the Joint Use Permit attached hereto and made a part hereof.
The instruments attached to and made a part of this agreement are:
Permit
Affidavit
Cost Estimate
Engineer's Approval of Cost Estimate
Company Sketch
County Auditor's Guidelines for Utility Adjustment Claims
It is expressly understood that this contract is subject to cancellation by the COUNTY at any time up to the
date that work under this contract has been authorized and that such cancellation will not create any liability on
the part of the COUNTY.
Owner:
By:Lt1~
L.A. Simper
Right-of-Way Manager
Date:
I
7PI&4
Date:,_-.:-.L-_-'-~--'~
I
_
PERMIT
THE STATE OF TEXAS§
COUNTY: FORT BEND
ROAD:
FORT BEND WESTP ARK TOLLWAY
WHEREAS, FORT BEND COUNTY TOLL ROAD AUTHORITY,
hereinafter called "TOLL ROAD
AUTHORITY", proposes to make certain improvements on that section of the above indicated road generally
located as follows:
FM - 1093 East Side of SH - 99
WHEREAS, it is understood that the above referred to improvements will affect the facilities of DOW
PIPELINE COMPANY hereinafter, whether one or more, called the "OWNER", acting by and through L.A.
Simper, is in possession of, and will retain possession of, certain properties that the TOLL ROAD
AUTHORITY must cross and encroach upon in the construction and maintenance of these improvements,
such crossings or encroachments being as detailed and to the extent as shown and described on the sketch sheet
or sheets which are attached hereto and made a part hereof.
NOW, THEREFORE, formal permission is hereby granted to the TOLL ROAD AUTHORITY to cross and
encroach upon OWNER'S said properties for the purposes set forth herein and as detailed and to the extent as
shown and described on the attached sketch sheet or sheets.
It is hereby agreed that in the event of future construction, reconstruction, expansion, relocation, rehabilitation,
maintenance or other work on facilities owned and operated by either the TOLL ROAD AUTHORITY or the
OWNER in the area jointly occupied by this permit, where such work will, detrimentally affect or interfere
with the facilities of either party, agreement will be reached in writing by the parties hereto before such work is
undertaken. However, in the event of an emergency, it being evident that immediate action is necessary for
protection of the public and to minimize property damage and loss of investment, either party hereto may, at its
own responsibility and risk, make necessary emergency repairs, notifying the other party hereto of this action
as soon as practical.
The OWNER, by execution of this permit, does not waive any of the rights which OWNER may legally have
within the limits of the laws ofthis State.
IN WITNESS WHEREOF, the parties hereunto have affixed their signatures.
Fort Bend County Toll Road Authority
By:
BY'~
'~son~
1130/0 </
I
DOW
xa~
PIPELINE
-!C-~-=---.:=-=~~=-=L. A. Simper
Right-of-Way Manager
Chairman
Date:
OWNER:
I
7/;u/~1
COMPANY
_
Date: -L;..,~-t---:.:-L_---------
t
AFFIDAVIT
THE STATE OF TEXAS§
COUNTY:
FORT BEND
ROAD:
FORT BEND
WESTPARK TOLLWAY
WHEREAS, the FORT BEND COUNTY TOLL ROAD AUTHORITY hereinafter called the "TOLL
ROAD AUTHORITY" has deemed it necessary to make certain improvements to the Fort Bend WESTPARK
TOLLWAY in Fort Bend County, and
WHEREAS, it is anticipated that the above referred to improvements will affect the facilities of DOW
PIPELINE COMPANY hereinafter called the OWNER, at the following described locations:
FM -1093 near SH - 99
WHEREAS, the TOLL ROAD AUTHORITY has requested that the OWNER furnish the TOLL ROAD
AUTHORITY information relative to interests that OWNER holds in lands at each of the above indicated
locations,
NOW, THEREFORE, before me, the undersigned authority, this day personally appeared L.A. Simper who,
after being by me duly sworn did depose and say:
That he is Manager of Right-of-Way for Dow Pipeline Company and, as such, has knowledge of the facts
contained herein, and that to the best of his knowledge, said OWNER is the owner of the following described
interests in the above indicated lands, copies of the instruments under which said OWNER claims said
interests being attached hereto and made a part hereof:
Title: Right-of-Way Manager
Company: Dow Pipeline Company
Sworn to and subscribed before me this 21st day of July A.D., 2004.
Jti:!fW>oI}.'727~
July 21, 2004
ESTIMATE
FM -1093 Split Casing Installation for
Dow Pipeline Company's 30" Gas Pipeline
Cost
$
24,035.00
70,000.00
Itemization
Dow Furnished Material
Pipe and Misc. Material
Trentin Wax Installation
" " ',J
,J
c,c',;,"
""J,
,
'J
,"c,"',,,,
Bid Lump Sum Contract (Installation of Casing)
Survey and EPA Plans
Dow Project Management
Mustang Engineerinll:
Ri2ht-of-Wav
Dow Internal Construction Management
Construction Management
Sub-Total
Continll:encv 8%
'ci',""
,
';+2"
FM 1093 S~
"';.,5,,,
150,000.00
15,000.00
16,000.00
50,000.00
20,000.00
19,000.00
20,000.00
384,035.00
30,723.00
",;,;,2;",::.,
,i"c,;
Casinll: Total
,,;
$ 414,758.00
;"
$
En.l!;ineerinll:for Ditch
!;i,
,"
AO AAA AA
:;';" ,,,,c,;
GRAND TOTAL
$ 463,758.00
,
;' FIELDS SURVEY
",-RACT - 59
,
"
rot<TilOl OATA
n:us DEP.RTIlENT t:l' TRIII'IIPOllUIIIlN Ct»<TlllIl. 1IH!~~TUIOll. EsaBLISHW 81
COSTEllO. I~C.
~ SHOll! IlN I.(HJo(NT SJtTCH£S I)IlUIHO Mo, H-II. H-'l. IMl
H-'O. OUEO' 2/21/:/000·
r.ll.
,MlH-IO
f .... 'e'll
"-9
r .N. 1~~:l "-II
X R 199flS~.JSOll
X. 1'l!l~~10.82S1
I = 29'2155.01l1
T • 1l11~9S5.1211
I i llelR~!li.2ill
• _0616290.16'11
rl-E~.'
IOl.3ll;'
ELH.- \Ol.~28·
'Lf~.'tOl.all'
~G 30" DT P/L
30' ~
,...-;'(,
y',
's~
_-;::.Jf
.... _.~RARY
.---_IACT
SURVEY
- 403
.!!nID
1)
COORDINATES
OEI'lIITlEMT 0"
SUIIrAtE
11996 'OJ. I
llETllIloll1lEO
mllnr.N.
HIIlIItllTIl
ANIl H-l0,
21
oll-l (l£UTHlllS _
HE~
ANDl~ THIS
DESIGN flU
ARE REl.mlE
TO TIlE TIlllOT
F.H. Ie'll EXP.....SIIlN PllGJECT,
CALLED TO
BE IUI'O 18, (1~91 1.11,,1,
00 AIlE eaSED
(fl Lot.Il. VEAIlc.L COlTall
_HT5.
H-ll. H-'l • .u«l 11-10. SET 8T 0Tli0lS.
l'
,lLl
D!ST.lIIC£S
II(Illv:tllAi. SlN.'U
~,
PIPEllNElOOTlttl
lilt)
DEl'tIflJ'
COVER
_.s
l)[IElIlnHEO 8'
Pil'tSJCoIlLT PRClBIHC
ItIE PlPElllfE IJIO R£~11lG
n's cOV£~.
SHllllH
I!ER£lII
oISTAIIC£S.
ARF.
"
IS TO lQC.l.f£
AElUIOH TO
61
PIPELlHf.
ST'IIIllS
lREREl.T11't10
lltE
.S-llUILl
.ll\OHllE1lT HII 1IIE DOlI PIPELINE
30' DT, oor D..:l. NlI~
1l2-2S0-l~"'2
AIII.fIE
8.lSED III TII( EXISlING POINT (IF
INTElm:CT!CIIIPI) .1 3D' DT PlPUI~E
SUTION "D1tH.
,
MATERIALS
@30·0.0.
@36"0.0
UNE PIPE: API 5LX-S2: I.T . .o.625"
1I'.T.I FBE
.. CASINCPIPE: APt GR. 6: W.T.- 0.500":
....
~.
REVISED
PIPE
REVISED
WORK
CASIMG
BARE
THE
RE~ISION
TEXAS OPERATIONS
DOW PIPELINE
LOCATION
PROPOSED
SPACE
now
CHEMICAL
COMPANY
•
30" OT PIPELINE
AOJUSTMENT
- OPTION
F.M. HWY. 1093, EAST OF BELTWAY 8
IN FORT BE NO COUNTY, TEXAS
4107-9202
,
FREEPORT, TEXAS
OUTSIOE
~
I
~.
Turner Collie <9Braden Inc.
ENGINEERS·PLANNERS·PROJECT
PO Box 130089
281-416-0260
Fax 281-416-2746
To:
TRANSMITT AL
MANAGERS
Joseph Wick
W.W. WebberInc., Texas
4408 Yz McHard
Missouri, TX
Date:
Re:
Job No.:
Transmitted
July 21,2004
Fort Bend Parkway - Contract ADOI, Proposed Change Order #2
052511074
By: Hand Delivery
We are sending yon the following:
Copies
Description
Proposed Change Order #2 for Contract ADOI
Remarks:
Change Order No.2 allows for time extension, adding 60 days to the original contract amount.
The new Completion date for this contract is August 22,2004. Change Order No.2 does not
change the contingency or the original contract amount.
Please review, sign, and return the change order.
Copies To: 12.3.2
Inspector
BY:~
J~
Resident Engineer
\58
'TurnerCollie@'BJaden Inc.
TRANSMITTAL
MANAGERS
PO Box 130089
281-416-0260
Fax 281-416-2746
To:
Mr, Bill Jameson.
W.J. Interests
Date:
July 2 I, 2004
Re:
Contract AOOI
Job No.: FBCTRA Job Number 03/0003
Transmitted By: Hand Delivery
We are sending you the following:
Copies
I
Description
Change Order No.2 for Contract AOOI
Remarks:
Attached is Change Order No.2 for Contract AOOI,FBCTRA Job No. 03/0003 for your further
handling.
The new Completion date for this contract is August 22,2004. Change Order No.2 does not change
the contingency or the original contract amount.
Copies To:
12.3.2
Pamela Logsdon
Inspector
BY:~
John Cannatella, P.E.
Resident Engineer
,
,
CHANGE ORDER NUMBERi.-L
(Supporting
1.
CONTRACTOR
__
2.
Change Order Work Limits:
Supplemental
Agreement
J!L!QW"""!Y!!!:JJlJ"'-J-""''''-W.W. Webber 'nc .. Texas
No.
N/A)
_
FORT BEND PARKWAY
Vicinity Stat 533+00 to 588+00
FBCTRA CONTRACT
NUMBER'-!.A",O"'0l..1
__
3.
Type of Change Major
4.
Describe the work being revised.
Change Order No.2 provides for time extension with a new completion 8/22/04
(Major/Minor)
FBCTRA JOB
NUMBER
0310003
TIME EXTENSION
NUMBER
NlA
5. New or revised plan sheet(s) are attached and numbered
None
Each signatory hereby warrants that each has the authority to execute this Change Order.
The Contractor must sign only when the Change Order contains extra work or price modification
if the character of the work changes significantly. The Contractor further agrees that for the
consideration in this change, FBCTRA will not pay for any additional charges for time,
expense, overhead and profit or loss due to this change.
Date'
THE CONTRACTOR
By'
or
11I,'oIIcwi09 infotmelion must be ptlJ"Iided:
Contract Infonnation (includes original
contract time and cost and previously
added time and cost):
_
ContractDays,_365
_
Contract
Cost $ 9,862193.02
Add
(Typed/Printed
Name)
Add $
~OMMENDED
FOR APPROVAL:
Date
o APPROVED:
Michael
o.()()
nays \0 the contract
10 the contract.
Tolals: Time' __ 4"'2"'5
Cost $ 9 862 193.02
(Tille)
o APPROVED:
60
_
o RECOMMENDED
E. Stone PMP.
FOR APPROVAL:
Date
APPROVED:
Date
Days
TurnerCollie10Braden
ENGINEERS.PLANNERS.PROJECT
Ine.
TRANSMITTAL
MANAGERS
4408 V, Mchard Rd.
Missouri City. TX 77489
281-416-0260
Fax 281-419-2746
To:
clo Bill Jameson
W.J. Interests
1600 HWY 6 Suitel:lO
Sugarland, TX 77478
Date:
July 12,2004
Re:
Contract A023
Copies
1
Description
Change Order No.2 for Contract A023.
Remarks:
Attached are Change Orders No.2 for Contract A023, FBCTRA Job No. 03/0001 for your further
handling.
Change Order No.2 allows for reinstallation of the road for Tower Group. This includes all labor,
equipment, and any other subsidiary item necessary to complete this work.
The cost of the change orders appears to be fair and reasonable for the work to be performed. It
will reduce the contingency bid item by $2,799.27. The contingency amount is 297,200.73. No
additional time will be added to the contract as a result of this change.
Copies To:
By:
4.2, 12.3.2
77'~~~~:;;;::=:::>.....2-
J n annatella, P.E.
Resident Engineer
CHANGE ORDER NUMBERi.......l..
(Supporting
W.W. Webber Inc
2.
Change Dreier Work Limits:
Vicinity 5t3.
3.
Type of Change Major
4.
a.
Supplemental
Agreement
No.
N/A)
Texas
FORT BEND PARKWAY
649+25
FBCTRA CONTRACT
NUMBER
A023
(Major/Minor)
FBCTRAJOB
NUMBER
0310001
Reinstall Road to Tower Group
TIME EXTENSION
NUMBER
NlA
b.
5. Complete
Change Order No.2 also revises the contingency
bid item to reflect its new value.
Table A or B on Page 2. Complete Table A if the work;s to be completed under force account; othelWise, complete table B. Use
additional sheets if needed.
N/A.
The Contractor must sign only when the Change Order contains extra work or price modification or
if the character of the work changes signmcantly. The Contractor further agrees that for the
expense; overhead and profit or loss due to this change.
::E CONZ~_::_==o==-J....V"
Date
7- ,'--0,1
_
e~·...(
!he f~lowingiIIiMnaiion mu~be provided:
O:rlra:i 1:8y.;;'--'365=-
_
O:rlra:i
Ca;t $ 111717!ll.42
I'd:i
0
I'd:i $ 0.00
Totals:
Tirre
365
Ca;t $ 11.171793.42
(Title)
RECOMMENDED FOR,(~E~OClI'TION:
ollie & Braden Inc.
Page 1 of 2
Days
CHANGE ORDER NUMBER
TABLE A:
Paid by invoice
(Y/N) 1
Amount
_
$,
2
FBCTRA CONTRACT
_
HOURLY
RATE
LABOR
A023
HOURLY
RATE
EQUIPMENT
.
TABLE
B: (1 OF 1)
ORIGINAL + PREVlOUSL Y
REVISED
ITEM
DESCRIPTION
9001
Reinstall Road for
Tower Groun
UNIT
LS
UNIT PRICE
QUANTITY
$0.00
0.00
SUBTOTAL
CONTINGENCY
(AFTER C.O. #1)
EA
$300,000.00
1.00
TOTAL
ITEM COST
$0.00
NEW
UNIT
QUANTITY
PRICE
$2,799.27
1.00
$0.0
$300,000.0
.. .
Page 2 of 2
$297,200.73
=<,
"
'<
':1\"
1.00
$2,799.2
OVERRUNI
IUNDERRUNI
$2,799.2
$2,799.2
$2,799.2
$297,200.7'
($2,799.27
ITEM COST
($0.00
TITLE:
Reinstall Road for Tower Group
EXTRA WORK ITEM #
1·R
Fort Bend Parkway
Segment 2&3
ADDITIONAL
HRS
CREW
WWW LABOR ITEMS:
30.00
1.00
Labor
5 Labors @ 6 hrs = 30hrs
LABOR
COST
LABOR
UNIT
$508.50
$0.00
$16.95
$508.50
$279.68
$788.18
SUBTOTAL WWW LABOR:
BURDEN @ 55%:
TOTAL WWW LABOR:
ADDITIONAL
WWW MATERIAL
MATERIAL
COST
ITEMS:
MATERIAL
COST
MATERIAL
UNIT
$0.00
$0.00
$0.00
$0.0011
TOTAL WWW MATERIAL:
II,=======~~~~~=========~~
ADDITIONAL
WWW EQUIPMENT
ITEMS:
QUANTITY
0.5
0.5
0.5
0.5
0.5
Track Hoe
Off Road Truck
Off Road Truck
Roller Smooth Drum
Loader
EQUIPMENT EQUIPMENT EQUIPMENT
COST
UNIT
COST
Day
Day
Day
Day
Day
$
$
$
$
$
1
500.00
600.00
600.00
400.00
450.00
1
1
1
1
$1,275.00
$318.75
$1,593.75
SUBTOTAL WWW EQUIPMENT:
FUEL OIL & GREASE:
TOTAL WWW EQUIP.:
IADDITIONAL
SUBCONTRACTORS
ITEMS:
$250.00
$300.00
$300.00
$200.00
$225.00
BID TOTALS 1
UNIT PRICE QUANTITIES
$0.00
$0.00
$0.0011
TOTAL SUBCONTRACTORS
ITEMS:
11,=====~~~~~~~=========~;;;;;a
TOTAL WWW ITEMS:
10% OVERHEAD:
5% PROFIT:
ITEMS:
10% OVERHEAD ON SUB ITEMS:
BOND
1.75%
T()T~L -------------------------------------------------:>IL.
$2,381.93
$238.19
$131.01
$0.00
$0.00
$48.14
............ $2,799.27~
~~~
JUL
.J.t/\
n
6 2QO~
Turner Collie <9Braden Ine.
ENGINEERS'PLANNERS'PROJECT
TRANSMITTAL
MANAGERS
4408 Y, Mchard Rd.
Missouri City, TX 77489
281·416·0260
Fax 281-419-2746
To:
c/o Bill Jameson
W.J. Interests
1600 HWY 6 SUite:t;O
Sugarland, TX 77478
Date:
July 12,2004
Re:
Contract A023
Copies
1
Description
Remarks:
Attached are Change Orders No.3 for Contract A023, FBCTRA Job No. 03/000 I for your further
handling.
Change Order No.3 allows for installation of cattle guard. This includes all labor, equipment, and
any other subsidiary item necessary to complete this work.
The cost of the change orders appears to be fair and reasonable for the work to be performed. It
will reduce the contingency bid item by $9,177.75. the new contingency amount is 288,022.98. No
additional time will be added to the contract as a result of this change.
Copies To:
BY~
4.2, 12.3.3
JO~
Resident Engineer
\Sc....
CHANGE ORDER NUMBERU
(Supporting
1.
CONTRACTOR
__
2.
Change Order Work limits:
Supplemental
Agreement
"-""'"'"'-'"""'''''''-'''''''--'''''''''W.W.
Webber Inc., Texas
No.
J!.!A..1
_
FORT BEND PARKWAY
Vtcinity Sta. 649+25
3.
Typeof Change Major
4.
Describe the work. being revised.
a.
b.
Installation
FBCTRA CONTRACT
NUMBER
A023
(MajorlMinor)
FBCTRAJOB
NUMBER
of Cattle Guard
Change Order No.2 also revises the contingency
TIME EXTENSION
NUMBER
NIA
5. Complete Table A or B on Page 2. Complete Table A if the work is to be completed under force
N/A
account
The Contractor must sign only when the Change Order contains extra work or price modifICation or
expense,overhead
and profit or loss due to this change.
Date
(Typed/Printed
otherwise, complete table RUse
The loIk>oing .ilImalioll must be pwided:
Contract Information (includes original
Contract time and cost and previously
CorIrad: 0¥;'--'365""'CorIrad:
Cl:6l $ 11.171793.42
!'<I:l 0
!'<I:l $ 0.00
Name)
Prod ..... L
(Tille)
7·/'J...-Ov(
M..'-"->"
,'\
0310001
!laYs to the ama:1
Totals:
Time
365
Cost $ 11171 793.42
Page 1012
_
totheama:1
Days
CHANGE ORDER NUMBER
Paid by invoice (Y/N) 1
TABLE A:
3
FBCTRA CONTRACT
Amount $,
_
_
HOURLY
RATE
LABOR
A023
HOURLY
RATE
EQUIPMENT
TABLE B: (1 OF 1)
ORIGINAL + PREVIOUSLY
REVISED
9002
QUANTITY
DESCRIPTION UNIT UNIT PRICE
ITEM
Install Cattle
LS
ITEM COST
UNIT
PRICE
QUANTITY
ITEM COST
OVERRUNI
IUNDERRUNI
$9,177.7
$0.0
$9,177.75
1.00
$9,177.7:
$9,177.7
$9,177.75
$O~
$297,200.7
$288,022.98
1.00
$288,022.9
($9,177.75
0.00
$0.00
NEW
Guard
SUBTOTAL
CONTINGENCY
(AFTER C.O. #2)
i
i
EA
D
$297,200.73
I
1.00
TOTAL_
Page 2 of 2
$009
TiTLE:
Install Cattle Guard
EXTRA WORK ITEM #
3
Fort Bend Parkway
Segment 2&3
ADDITIONAL
1.00
Labor
LABOR
UNIT
HRS
CREW
WWW LABOR ITEMS:
75.00
$16.95
MATERIAL
COST
WWW MATERIAL ITEMS:
MATERIAL
UNIT
$2,464.00
Cattle Guard per 20' see
1.00 LS
ADDITIONAL
EQUIPMENTEQUIPMENl
COST
UNIT
QUANTITY
WWW EQUIPMENT ITEMS:
2
Track Hoe
Roller Smooth Drum
Loader
2
2
$500.00
$400.00
$450.00
Day
Day
Day
SUBCONTRACTORS
UNIT PRICE QUANTITIES
ITEMS:
$0.00
$2,464.00
$0.00
EQUIPMENT
COST
$1,000.00
$800.00
$900.00
$0.00
$0.00
$2,700.00
$675.00
$3,375.00
SUBTOTAL WWW EQUIPMENT:
FUEL OIL & GREASE:
TOTAL WWW EQUIP.:
!ADDITIONAL
MATERIAL
COST
$2,464.00~
TOTAL WWWMATERIAL:
II
$1,271.25
$0.00
$1,271.25
$699.19
$1,970.44
SUBTOTAL WWW LABOR:
BURDEN @ 55%:
TOTAL WWWLABOR:
ADDITIONAL
LABOR
COST
BID TOTALS
I
$0.00
$0.00
II
TOTAL WWWITEMS:
10% OVERHEAD:
5% PROFIT:
TOTAL SUBCONTRACTORS ITEMS:
10% OVERHEAD ON SUB ITEMS:
BOND
1.75%
$00011
ITEMS:
$7,809.44
$780.94
$429.52
$0.00
$0.00
$157.85
1
T()T~l-..
--------------·-·--·--------..
-··-----------:>I~ ........ ~~~~59,177.75
•
,
TurnerCollie©'Braden Inc.
ENGINEERS.PLANNERS·PROJECT
TRANSMITTAL
MANAGERS
PO Box 130089
281-416-0260
Fax 281-416-2746
To:
Joseph Wick
W.W. Webber Inc., Texas
4408 Yz McHard
Missouri, TX
Date:
Re:
Job No.:
Transmitted
July 21,2004
Fort Bend Parkway - Contract A023, Proposed Change Order #4
052511074
By: Hand Delivery
Copies
1
Description
Proposed Change Order #4 for Contract A023
Remarks:
The new Completion date for this contract is August 22,2004. Change Order No.4 does not
Copies To: 12.3.4
Inspector
BY:~
Resident Engineer
•
TRANSMITTAL
ENGINEERS'PLANNERS'PROJECT MANAGERS
PO Box 130089
Houston. Texas 77219
281-416-0260
Fax 281-416-2746
To:
Mr. Bill Jameson.
W.J. Interests
Date:
July 21, 2004
Re:
Contract A023
Copies
I
Description
Change Order No.4 for Contract A023
Remarks:
Attached is Change Order No.4 for Contract AOOI, FBCTRA Job No. 03/0001 for your further
handling.
The new Completion date for this contract is August 22,2004. Change Order No.4 does not change
the contingency or the original contract amount.
Copies To:
By:
12.3.4
Pamela Logsdon
Inspector
~
Resident Engineer
,•
•
CHANGEORDERNUMBER~
(Supporting
Supplemental
=""'-="-"'''-''lS-'-'''''''l..w.w. Webber Inc. Texas
1.
CONTRACTOR
__
2.
Major
Agreement
No . .J:1lA..l
_
FORT BEND PARKWAY
Vicinity Sia 588+00 to 708+00
FBCTRA CONTRACT
NUMBER
A023
(Major/Minor)
3.
Type of Change
4.
Change Order No.4 provides for time extension
FBCTRAJOB
NUMBER
03/0001
with a new completion 8122/04
TIME EXTENSION
NUMBER
NlA
None
The Contractor must sign only when the Change Order contains extra work or price modification or
Oalo,
THECONTRACTOR
_
By
Contract time and cost and previously
Contract Oays'--"'36"'5
_
Contract
_
(Typed/Printed
1he following infotmation must be provided:
Cost $ 11 171 793.42
Add 60
Add $ 0.00
Name)
days to the contract.
to the contract.
Totals: Time==4'!2"'5:(Title)
Cost $
o APPROVED:
[Q-RECOMMENDED
FOR APPROVAL:
~~
TumecomeiBraden
o APPROVED:
In:
Date
o RECOMMENDED
Michael E. Stone PMP.
FOR APPROVAL:
Date
APPROVED:
Date
11171793.42
0,ays
,..
Turner Collie <f)Braden Inc.
4408 Y, Mchard Rd.
TRANSMITTAL
MANAGERS
281·416·0260
Fax 281·419·2746
To:
Date:
Re:
Job No.:
Transmitted
Joseph Wick,
4408 1/2 McHard Rd
July 21,2004
Fort Bend Parkway - Contract A023, Proposed Change Order No.5
052511074
By: Hand Delivery
Copies
Description
Proposed Change Order No.5 for Contract A023
Remarks:
Change Order No. 5 allows for cleaning of oil well #163. This includes all labor, equipment,
and any other subsidiary item necessary to complete this work. Time and Material not to exceed
$10,000.00
Please review, sign, and return the change order by Friday July 23, 2004
Copies To: 4.2. 12.3.5
By:."..-,------,,--_,---::John Cannatella, P.E.
Resident Engineer
_
\5<:-
TurnerCollie@Braden Inc.
TRANSMITTAL
MANAGERS
4408 'h Mchard Rd.
281·416·0260
Fax 281·419-2746
To:
c/o Bill Jameson
W.J. Interests
1600 HWY 6 Suite 120
Sugarland, TX 77478
Date:
July 21, 2004
Re:
Contract A023
Copies
Description
Remarks:
Attached are Change Orders No.5 for Contract A023, FBCTRA Job No. 03/0001 for your further
handling.
Change Order No.5 allows for cleaning of oil well #163. This includes all labor, equipment,
and any other subsidiary item necessary to complete this work. Time and Material not to exceed
$10,000.00
Copies To:
4.2, 12.3.5
By:
~Jo""h-n""'C"'an-n-at""'e-:;lI:-a"",
P""."'E""'.
--Resident Engineer
CHANGE ORDER NUMBER~
(Supporting
CONTRACTOR __
2.
Change Order Work Limits: Vicinity Sts. 645+00
3.
Type of Change
4.
b.
Agreement
='-"-"""""""-""'"--'-""""
W.W. Webber Inc. Texas
1.
a.
Supplemental
-,M""",aj"'0L.r
__
No . .1!lA..1
_
FORT BEND PARKWAY
FBCTRA CONTRACT
NUMBER
A023
(Major/Minor)
FBCTRAJOB
NUMBER
0310001
Clean up of oil well #163. Time and material not to exceed $10,000.00
Change Order NO.5 also revises the contingency
TIME EXTENSION
NUMBER
NlA
5. Complete Table A or B on Page 2. Complete Table A if the work is to be completed under force account: otherwise, complete table B. Use
N/A.
Oale
THE CONTRACTOR
By·
_
The fcl/ov.ing infonnalion must be pIlJ'Iid<d:
CcrIract ~,---":Ji5,,,,-CcrIract
Coot $ 11171 793.'12
_
(Typed/Printed
or
P<tl 0
P<tl$ 0.00
Name)
_
~tothe_
tothe_
Totals:
(Title)
lirre
365
Coot $ 11171 793.'12
R~DED
FOREXECUTION:
<:::=
Tu ner Collie & BradenInc.
Date
APPROVE~
FORTBEfqQQNTY"~D
J
AUTHORITY
Page 1 of2
~
Date
Days
TurnerCollie<f)Braden Inc.
PO Box 130089
281-416-0260
Fax 281-416-2746
To:
TRANSMITTAL
MANAGERS
Joseph Wick
4408 y, McHard
Missouri, TX
Date:
July 21, 2004
Re:
Fort Bend Parkway - Contract A045, Proposed Change Order #3
Job No.:
052511074
Copies
Description
Proposed Change Order #3 for Contract A045
Remarks:
The new Completion date for this contract is September 22,2004. Change Order No.3 does not
Copies To: 12.3.3
Inspector
By:
Jk;;5;;
Resident Engineer
\50
•
PO Box 130089
281·416·0260
Fax 281·416·2746
To:
TRANSMITTAL
MANAGERS
Mr. Bill Jameson.
W.J. Interests
Date:
July 21,2004
Re:
Contract A045
Copies
I
Description
Change Order No.3 for Contract A045
Remarks:
Attached is Change Order No.3 for Contract A045, FBCTRA Job No. 03/0002 for your further
handling.
The new Completion date for this contract is September 22,2004. Change Order No.3 does not
Copies To:
12.3.3
Pamela Logsdon
Inspector
By: ~---,'~_~~~
John nnatella, P.E.
Resident Engineer
_
•
•
CHANGE ORDER NUMBER_' _3_
(Supporting
Supplemental
1.
CONTRACTOR
2.
Change Order Work Limits: Vicinity Sta. 708+00 to 817+52.89
Agreement
_~!J!.J!.lW'!!l!!l!2!!L-lJl',"--,-""""'W,W. Webber Inc. Texas
Major
No.
N/A I
_
FORT BEND PARKWAY
FBCTRA CONTRACT
NUMBER
3.
Type of Change
(Major/Minor)
4.
Change Order No.3 provides for time extension with a new completion
A045
FBCTRAJOB
NUMBER 0310002
9/22/04
TIME EXTENSION
NUMBER
NlA
5. New or revised plan sheet(s) are attached and numbered~
jf the character of the worl< changes significantly. The Contractor further agrees that for the
expense, overhead and profit or loss dUfJ to this change.
Oale'
THE CONTRACTOR
By'
_
Add 90
Add $ 0.00
Name)
Totals: Time
455
Cost $ 9925,986.54
(Title)
o APPROVED:
The foJlowing information must be provided:
ContractDays;_3§=5
Conlracl
Cost $ 9 925.986.54
_
(Typed/Printed
or
6ECOMMENDED
FOR APPROVAL:
o RECOMMENDED
FOR APPROVAL:
Turn~c.
o APPROVED:
Michael E. Stone PMP.
Date
APPROVED:
Date
_
daysto the contract.
to the contract.
Days
TurnerCollie©'Braden Inc.
TRANSMITTAL
MANAGERS
PO Box 130089
5757 Woodway
713-780-4100
Fax 713-780-0838
Date:
June 24, 2004
To:
Bill Jameson
WJ Interests, LLC
1600 Highway 6, Suite 170
Re:
Fort Bend Parkway - Contract AOGW, Proposed Change Order #1
052511074.0001
Mail
Via:
Copies
Description
1
Copy of Transmittal from Resident Engineer, John Cannatella, P.E.
1
Copy of Proposed Change Order No.1 (2 pages)
Remarks:
Copies To:
For your review.
Pamela Logsdon
Justine Cherne
File w/o attachments
. By: f/J\\A h i J ;~(
11
U.0
Spackman, P.E.
LYu{AL1-LJ
~
Senior Project Manager
TumerCoUie@'Bradenlnc.
ENGJNEEBS'PLANNERIN'R03CT
MANi\GERS
POBox 130089
/iQuston. T<:UIS 7nl9
281-416-0260
Pax ~814t6-2746
To:
David Kuebker. V.I'.
Jerdon Enterprise, LoP.
13403 Redfish Dr.
stafford, TX 17477
Date:
June 11. 2004
R.e:
Fort Bend Parkway - Contract AVOW, .Proposed Change Order # 1
Job No.:
0525))074.0001
Tr>lnsmitted By: Hand Delivery
W .. are sending
Copies
yl1l1
the following:
J)""erjption
Proposed Change Order #1 for Contract AOOW
Remarks:
a. Change Order No. 1 allows for boring and ja<:king the 24·inch ReI' under Chasewood
Drive. It also allows for removing and replacing approximately 70.0 linear reet of 16-inch
well Ime that i. in conflict with the proposed 24 inch ReI' This includes all labor,
equipment, materials and any other subsidiary item necessary to complete this work.
b. Change Order No. I woo revises the original contract amount bid item to reflect its new
value.
please review. sign, and raum the change order.
Copies To: 12-3.1
By:
1)If·.
( or
i~
~f;t J1
John CannateJla, P.E.
Resident Engineer
"_.
-_.-
..~-
Poat-lt" Fax Note
To
Sb 1/",' cl
COJll&pt.
F..
7671
J'
-r..y.d,n- ~
Pllone.
OOSS 19C lBe
.- ._. ,- -
•
'ON 3N:JHd
•
--'-' - -
-
.
1(7r;t{I~~
Ftom V. 2.'1?.J'I N(/>" 14?
.,.,. (j
Co.
~
Phone •
."".
.dl
3S I &l~
Nomsr
I-KJHoJ
ctlANGE ORDERNUMBE~
(supporting
1.
COmAACTOR
2,
,,""_
fORTSENDPAl/KWAY
.1ardpn Enterprise L,P
OrderWOlk Umit$: Vicinity
3. Type gf Change M'i9"
••
A(jfMm .... No . ...wL1
SU1>p!am_1
st..
FBCTRA CONTRACT
Nt./MSI!R AlJGW
0+33.00
(Nl~orltJlnor)
FBCTRAJOB
D .. criJe lhe 10011< being _.
Ilon> ond JllCl< a 24 lnc!l flCP under C~.. _
Dr.
Remove end "", .. os apptoldm .... 1y 70 rmear feel 01 16-inc!l ....." Ii"" that is In oon1l'.et wah llIo
propoSod 2. inch ReI'.
5. Comp~
Table A or 8 on page 2. complete Table A if the work is to be compietad under force ~unt;
IVlJMBER
d«'W
rtME EXTENSION
Nl.JMBER
NIA
otherwise, complete ~b1e B. Use
_iIiOnat "'eetr. K needod,
6. ......, or ~
pt.", ~eet(s) ~ aUitd1edl S11d nurnbe!8d~
Eacn signatory hereby warl'illnt5 lhat eac:h Me the authority to execute this Change Order.
rm,
eon_r
/IllJ$l SIgn only ",hon the ChlInge 0t<J0r contoins B>trs WOI1< or pries modific<ltlon 0'
If the ehsmr;"'" of the V/i'OIk CI'lMges signffk;antly. The COIltrsctor further sgr&es that forthe
~lQn
in thi8 chw1(;e, FBCTRA 'Win/JOt pay fer tIfly Bdditrortolt;hs~s for titrnt,
8xp&nGB, overhead and profit or loss due to this change.
THE CONTRACTOR
B~
Oate
lllo~_""'btptrNifII!JI,'
Ccntract Information (;ndud .. origInal
eontnlct dme and cost and prevIouSly
added time arid COGt):
(p-, 1-D4-
L..JO»-t'6\ 0.. ~~
David A. Kuebler
MS
0
I'd:lll.2ll!-1!ito1te
<TYl"'dil'rillled Name)
r_,
Vice P~jdent
1lml
CollI. $'Q4.943
Je~~ Enterprise. L.P.
By: Jerdon Holding, L.L.C .. General Partner
o APPROYED:
~COMMENDED
_
90
76
!la'J$eote_
Dajs
FOR APPROVAL:
kh~!bi
Date
O~APP
YED:
__~--='
....-
0 RECOMMENDED
FOR APPROVAL:
6 /zz/or
APPROVED:
Date
P"9~ 1 of2
ld Wd££:10 V00e Ll 'unr
OOSS 1ge l8e
"ON 3NOHd
"dl 3SI~d~31NBNOa~f
WO~j
..
_~
AS PER ORIGINAL
0RIlER NUMBEII.i. FIICTRA CONTRACT~
HOURLY
HOURLY
l.AI'OR
~QUlPIIEHT
RATE
RATE
lEE ATTACHED INVOICES
r~8:(10F1)
ORIGINAl.. PREV1QI.lli~y
NEW
REVISED
ana
9001
80re
9C02.
RCIrKM _
.I11CkIII 24 hCI'I Ref'
t...lttCiIIIr~
UNlY PIlIC~
U
O_RIPTlOll
I1'I!M
QUAIm'fY
...
,.,.
Or.
$0.
f8FIA8C6 10 feet Of 18" wet ftM
OIl.
... ....,.........'
ITeIrl COST
UNlT
PRICE
QUANTl'N
1.
,.
$0.
I1EMCOST
QVERRUI'U
_7.
i
-$7,<t51
SUBlOT
NO CONTINGECY INClUDED
LS
so.
o.
S9.75&.7~~
TOT
00££ ,9<:
,ac
'ON 3NOHd
•dl
35 I &/1:I3.LN3 NOO1:l3r
W01:leJ
Turner Collie (f1BIaden Inc.
TRANSMITTAL
MANAGERS
PO Box 130089
281-416..Q260
Fax 281-416-2746
To:
Mr. Bill Jameson.
W.J. Interests
Date:
Re:
Job No.:
Transmitted
May 18,2004
Fort Bend Parkway - Contract AOTC, Proposed Change Order #1
03/0004
By: Hand Delivery
Copies
I
Description
Change Order No. I for Contract AOTC
Remarks:
Attached is Change Order No. I for Contract AOTC, FBCTRA Job No. 03/0004 for your further
handling.
a. Change Order No. I allows for adding a 2" conduit for the COMM Boxes per ETC
drawings. This includes all labor, equipment, materials and any other subsidiary item
necessary to complete this work.
b. Change Order No. I also revises the contingency bid item to reflect its new value.
The cost of the change order appears to be fair and reasonable for the work to be performed. It will
reduce the contingency bid item by $22,807.64. No additional time will be added to the contract as
a result of this change.
Copies To:
12.3.1
CHANGE ORDER NUMBER_: _1_
(Supporting Supplemental Agreement No.
SpawGLass
2.
Civil Construction
Vicinity Sta. 303+91.22
loe
4.
FORT BEND PARKWAY
to 404+63.00 (Ramps J 10 I, Toll Plazas)
Sla. 2+95.00 to 4+04.43
3. Type of Change
N/A I
FBCTRA CONTRACT
NUMBER
AOTC
(Ramps E to F, Toll Plazas)
(MajorlMinor)
Major
FBCTRAJOB
NUMBER
0310006
Describethe work being revised.
Connect the COMM boxes to one another on each side of the Tollway from Ramps F to E and Ramps
J to J. Also install additional BO.O feet to connect the COMM box at F and J to the handhole as shown in
new drawings. At Main Plaza install 80.00 feet to connect The COMM bax to the handhole.
TIME EXrENSION
NUMBER
NlA
5. Complete Table A or B on Page 2. Complete Table A if the work is to be completed under force account; otherwise, complete table B. Use
additional sheets rt needed.
6.
or revised plan sheet(s) are attached and numbered
Revised
drawings .
. Each signatory hereby warrants that each has the authority to execute this Change Order.
New
Ere
if the character of the work changes significanJJy. The Contractor further agrees that fOr the
consideration in this change, FBCTRA will not pay tor any additional charges for time,
Date
5{-;;.o lo't
or
lite I<J/kMing i1l,mllii", must lie ,...;led:
Contract lnfonnation (includes original
contract. time and cost and previously
added lime and cost):
Q:rtra:I [ily!;l.......Jl~!ilL-
_
Q:rtra:I
QJlII
I<I:l
(Typed/Printed
0
1<I:l$ 0.00
Name)
\/'u-
$2.154637·00
P"",..·, d~t
Totals: Tnre
150
Cost $2 154.637.00
(Tdle)
o APPROVED:
~ECOMMENDED
FOR APPROVAL:
tbdu~
Date
o RECOMMENDED FOR APPROVAL:
Date
APPROVED:
Page 1 of 2
Date
Days
CHANGE ORDER NUMBER..L
Paid by invoice
(YIN) 1___
Amount
$
FBCTRA CONTRACT AOTC
_
HOURLY
RATE
LABOR
HOURLY
RATE
EQUIPMENT
TABLE B: (1 OF 1)
ORIGINAL + PREVIOUSLY
REViSED
DESCRIPTION
ITEM
9001
Added
r conduit for COMM
bOxes
UN'
EA
UNJTPRICE
$0.
QUANTITY
$0.
SUBTOTAL
CONTINGENCY (AFTER
c.o.
# 1)
LS
$150,000.
1.
TOTA
Page 2 of 2
ITEM COST
$0.
NEW
UNIT
PRICE
$22,807.
QUANTITY
1.
ITEM COST
$22,807.
MAY. 13.2004 4:41PM
SpawGlass
•
Construction
NO. 5705
Corp.
P. 2
SpawGlass Civil Construction, Inc.
Project:
Fort Bend ParkWay Toll Plazas
Proposal Request
One
Proposal Change Descrip1ion:
Added 2" Conduit for COMM Bo=
Proposal Date:
5/1212004
Subs
SpawGlass Worle
General Conditio'"
Direct Cost ofWorle
Equipment
Material
Totals
!.abor+Buroen
$
$
Subcontractor Worle
LEC5
$
20,073.00
Totals
$
20.0noo
Tax on Equipment (B.25%) & Materials (0-00%)
OH&P on SG Worle
OH&P on Subcontractor Worle
General Liability Insurance
Builders Risk Insunll'lce
Owner's Protective Insurance
Payment & Performance Bond
OH, P, 18<Bond on SG Worle
OH, P, I 8< Bond on Subcontractor Worlc
TOTAL CONTRACT VALUE CHANGE
17ME EXTeNSION REQUIRED (Cale~dar Days)
·.
MAY. 13. 2004
SpawGlass
4:41PM
Construction
1~1
NO. 5705
Corp.
CHANGE ORDER SUMMARY SHEET
(...
"CO &tensigns Sheet" lib, bolow, for d""'lIsj
11224 JoltfllcL West
Houston. tems 770"
(281) B'Mm
ph.
(28') 897-BBIO"'"
PROJECT:
DESCRIPTION:
Ft. Bend Tollway
Add 2" conduit to connect COMM boxes from F to E and J to I
Connect COMM box at each location to the handholes
04128104
Regular labor
Overtime Labor
Hours
79.7
0.0
Rate
$23.64
$1.885.05
$35.46
0.00
$1,885.55
$207.36
$678.62
Totollobor
PM/Supervision
labor Burden
Sub Total Lobor
Overhead
Profit
5%
5%
Totol Labor
$2.771.~
$138.~
$138.55
r
$0.00
Quoted Material
Misc. Material
Sub Total Materials
$14,187.25
5%
$14,187.25
$1.170.45
$709.36
5%
$709.36
8.25%
SalesTax
Overiheod
Profit
$3,048.~
I $16,776.4.
otal Materials
~ub--C()nlfOctor
$0.00
Sub--Controctor
$O.ex:
$0.00
Sub-Totol
Overihead
Profit
5%
5%
Total Sub--Contractors
I
$0.00
$0:00
$0.00
$0.00
Rentals
Insurance
Permits
$226.21
Totol Misc.
$226.21
Overiheod
Profit
$0.00
5%
5%
Toiol
Jotallhls
Change
r
$11.31
$11.31
$248.83
1
$20,073
P. 4
Turner Collie <9Braden Ine.
ENGINEERS.PLANNERS.PROJECT
TRANSMITTAL
MANAGERS
PO Box 130089
281-416-0260
Fax 281-416-2746
To:
Mr. Bill Jameson.
W.J. Interests
Date:
Re:
Job No.:
Transmitted
May 18,2004
03/0004
By: Hand Delivery
Copies
I
Description
Change Order No.2 for Contract AOTC
Remarks:
Attached is Change Order No.2 for Contract AOTC, FBCTRA Job No. 03/0004 for your further
handling.
a. Change Order No.2 allows for installing underground conduit and wire from Ramps J to I
for the incoming electrical service. This includes all labor, equipment, materials and any other
subsidiary item necessary to complete this work.
b. Change Order No.2 also revises the contingency bid item to reflect its new value.
The cost of the change order appears to be fair and reasonable for the work to be performed. It will
a result ofthis change.
Copies To:
BY:~
12.3.2
"~,,"".4,-J-)1,,"
Resident Engineer
\5F
CHANGEORDERNUMBER~
(Supporting
SpawGLass
2.
Civil Construction
Supplemental
Agreement
No.
N/A)
Ine
FORT BENDPARKWAY
Vicinity Sta. 303+91.22 to 404"'63.00 (Ramps J to I. Toll Plazas)
FBCTRA CONTRACT
NUMBER
AoTC
(MajorlMinor)
3.
Type of Change
Major
4.
Install underground conduit and wire from Ramp J to I for the incoming electrical service.
FBCTRAJOB
NUMBER
03/0006
TIME EXTENSION
NUMBER
NlA
5. Complete Table A or B on Page 2. Complete Table A if the work is to be completed under force account; othelWise, complete table B.Use
None.
The
if the character of the work changes signmcant/y. The Contractor further agrees that for the
consideraNon in this change, F8CTRA will not pay for any additional charges for time,
expense, overhead and profit or Joss due to this change.
S
THE CONTRACTOR
By
Prvv. e-v-
A I-N" II- k"-3
I'dj $
f
,r<'-S ;
J e-v--:t
0'RECOMMENDED
FOR APPROVAL:
t,h/ot
,
Turner Collie & Braden Inc.
B'APPROVED:
o RECOMMENDED
/?hXV
/1,k .... J"h>~
Dale
FOR APPROVAL:
Dale
w.J. Interests.
APPROVED:
Page 1 012
Date
_
0
0.00
Totals: T"'"
1&>
Cost $2.154637..00
(Hie)
o APPROVED:
mest be provided:
I'dj
Name)
V .."-'-
_ng~_
Ca1ra::t Da,s---'1"'&>'--Ca1ra::t
O>st $2154637.00
Date
@JZ.
(TypedlPrinled
or
Days
FORT BEND COUNTY TOLL ROAD AUTHORlTY
CHANGE
TABLE A:
Paidby invoice(YtN) 7___
Amount$,
ORDER NUMBERJ...
FBCTRA
CONTRACT
_
HOURLY
RATE
LABOR
AOTC
+ PREVIOUSLY
ORIGINAL
NEW
REVISED
ITEM
9002
DESCRIPTION
l.Jndef'gr1JUnd conduit and wife from Ramp J 10 I.
CONTINGENCY (AFTER C.O .• 2)
UNI
EA
LS
UNrTPRICE
$0.
HOURLY
RATE
EQUIPMENT
QUANTITY
$0.
$127,192.
Page 2 of 2
ITEM COST
$0.
UNIT
PRICE
$14,266.
QUAN11TY
1.
ITEM COST
$14.266.
MAY. 13, 2004
SpawGlass
4:42PM
Construct
NO. 5705
ion Corp.
P. 6
SpawGlass Civil Construction, lnc.
-
Project
Fort Bend Parl<way Toll Plazas
Proposal Request:
Two
Proposal Change Description'
Power Ramp) to Ramp I
Proposal Date:
511212O<H
Subs
Equipment
Material
Total>
lJilior+6urden
SpawG/m Work
General CondJtions
$
$
Direct Cost ofWorl<
Subcortrrartor Work
$
$
$
$
$
$
$
$
$
12556.00
$
LECS
12.556.00
$
TotJlJs
$
12,556.00
Tax on Cquipment (B.25%) & Materials (O.oo%)
$
$
$
$
$
$
SUBTOTAl
OH&P on SG Work
OH&P on Sub<:ontnlctor Work
General
Builders
Owner's
Payment
Liability Insurance
Risk Insurance
Protective /nsutance
& Performance Bond
OH, P, I & Bond on SG Work
OH, P, I & Bond on SubcontnJctor Work
VALUE CHANGE
TIME EXTENSION REQIJIRED (Calendar Days)
$ 12,556.00
15.00%
10.00%
1.00%
0.1096
0.14%
0,75%
16.99%
11.99%
$
SUBTOTAl
TOTAL CONTRACT
$ 12,556.00
$
1.710.56
$
1,710.56
$ 14,26656
MAY. 13. 2004
4:42PM
SpawGlass
Construction
NO. 5705
Corp.
CHANGE ORDER SUMMARY SHEET
PROJECT:
DESCRIPTION;
DATE:
FL Bend Tollway
Install conduit and wire from J to I for incoming electrical service
04128104
Hours
Rate
67.1
0.0
$23.64
$35.46
Regular Labor
Overtime Labor
Total labor
PM/Supervision
Labor Burden
Sub Total Labor
Overhead
Profit
5%
5%
Total Labor
::Iuoted Moterial
Misc. Material
Sub Total Materials
8.25%
SolesTox
5%
Overhead
5%
Prollt
Total Materials
lSub-Contractor
SUb-Contractor
SuO-Total
Overhead
Profit
$1.586.72
0.00
r
$0.00
$8,270.94
$8.270.94
$662.35
$413.55
$413M
I $9,780.39
$0.00
$O.DC
$0.00
I
$0.00
$0.00
$0.00
I
$0.00
$190.41
$0.00
$190.41
$9.52
$9.52
$209.45
5%
5%
Total SUb-Contractors
Rentals
Insurance
Permits
Total Misc.
Overheod
Profit
Total
Total This Change
$1,586.7.
$174.5'
$571.22
$2.332.4
$116.6<
$116.6"
$2,565.7:.1
5%
5%
$12,5561
P. 8
ENGINEERS.PLANNERS·PROJECT
TRANSMITTAL
MANAGERS
PO Box 130089
281-416-0260
Fax 281-416-2746
To:
Mr. Bill Jameson.
W.J. Interests
1600 HWY 6 Suite 170
Sugarland, TX 77478
Date:
Re:
Job No.:
Transmitted
July 15, 2004
Fort Bend Parkway - Contract AOTC,Proposed Change Order #3
03/0004
By: Corrier
Copies
I
Description
Change Order No.3 for Contract AOTC
Remarks:
Attached is Change Order No.3 for Contract AOTC, FBCTRA Job No. 03/0004 for your further
handling.
a. Change Order No.3 allows for the installation of access doors 24" x 24" at the Main toll
Plazas and Ramp Toll Plazas Canopies. This includes all labor, equipment, materials and any
other subsidiary item necessary to complete this work.
b. Change Order No.3 also revises the contingency bid item to reflect its new value.
The cost ofthe change order appears to be fair and reasonable for the work to be performed. It will
a result of this change.
Copies To:
12.3.3
Cannatella, P.E.
esident Engineer
\Sf
CHANGE ORDER NUMBER_: _3_
(Supporting
SpawGLass
2.
Supplemental
No • ..l!!!A..1
Agreement
Civil Construction,lnc
Vicinity: Sta. 604+20.00
St •.
303+91.22
FORT BEND PARKWAY
,/2
to 605+20.00
(Main Toll Plazas)
to 404+63.00
(Ramps J and I, Toll Plazas)
Sta. 2+95.00 to 4+04.43
(Ramps E and F, Toll Plazas)
FBCTRA CONTRACT
NUMBER
AOTC
"
b
FBCTRAJOB
NUMBER
0310006
(Major/Minor)
Major
TIME EXTENSION
NUMBER
NlA
3.
Type of Change
4.
Install Access Doors 24" x 24" in the Main Plazas and Ramp Toll Plazas canopies
None.
or
'!lml""
The following
must be (XOVided:
Ga1ra::l~~1oo~
Ga1ra::l
Date
_
Cost $2.154637.00
(Typed/Printed
Ml 0
Ml$ 0.00
Name)
"iCe..
'Prl.s
;J~
Totals: T '"'"
100
Cost $2154637.00
(Title)
o APPROVED:
~ECOMMENDED
FOR APPROVAL:
o RECOMMENDED
FOR APPROVAL:
~_. O~
--
7/12,)0'1
APPROVED:
FORT BEND COUNTY TOll
ROAD AUTHORITY
Page 1 of 2
Date
Days
CHANGE
TABLE
Paid
A:
by
invoice
(YIN) 1___
$,
Amount
ORDER
NUMBER.2..
FBCTRA
CONTRACT
_
HOURLY
LABOR
B: (1 OF 1)
ORIGINAL
+ PREVIOUSLY
NEW
REVISED
ITEM
9003
HOURLY
RATE
EQUIPMENT
RATE
TABLE
AOTC
DESCRIPTION
Acces
Doors 24" x 24-
UNIT
EA
UNIT PRICE
$0.
QUANTlJY
$0.
SUBTOTAL
CONTINGENCY (AFTER C.O. # 2)
LS
$112,925.8
1.
Page 2 Of 2
ITEM COST
$0.
UNIT
PRICE
$17,241.
QUANTITY
1.
ITEM COST
$17,241.
OVERRUN!
UNDERRUN
$17.241.
SpawGlass Civil Construction, fne.
Project
Fc>rt Bend Parkway Toll PI....
Proposal Request
Three
Proposal Change Description:
Aco<ss Doo,", (26)
Proposal Date:
6/112004
Equipment
Subs
5pawGlass Worle
General ConDitions
Direct Coit ofWorle
$
SubcontT;actDrWorle
CompassBuilding System~Inc.
Allowance for Paint
$
$
208
Material
$
1,819
labor+Burden
$
325
11,362
1.300
Totals
$
$
$
$
$
2,352
11,362
1,300
$
$
$
$
$
$
$
$
TolJl/s
12,662
Tax on Equipment (8.25%) & Materials (0.00%)
$
$
208
17
$
1,8/9
$
325
$
SUBTOTAL
OH&P on SG Worle
OH&P on 5ubtontraetor Worle
15.00%
10.00%
Gene,.1 Uabiflty Insurance
Builder< Risk Insurant;e
Owner's Pmtective InslJfll1lce
Payment & Performance Bond
1.00%
0.10%
0.14%
0.75%
01-1, P, I & Bond on SG Worle
OH, P, f & Bond on Subt;On!T;aetorWorle
16.99%
11.99%
SUBTOTAL
TOTAL CONTRAcrVALUE
CHANGE
TIME EXTEN510N REQUIRED (Calendar Days)
G'd
9 l 1>9 'ON
$
15,014
$
17
$
15,031
$
$
485
1.725
$
2,210
$
17,241
PROPOSAL SUMMARY WORKSHEET DIRECT COST
Forl: Send
Project:
Parkway Toll Plazas
Proposal
Request
Number
Three
Proposal
Request
Description
Acc ..... Doors
Proposal
Date
(26)
6/112004
MAN-HOUI\S
I DIRECT LABOI\
!\ATE
Field Engineor
Rodman
Corpenter Fo""",n
TOTAL
$25.00
$
$12.00
$
$10.00
$
-
·
·
·
$15.00
$
Labor Foreman
S
$15.00
$
120
labor-
S
$12.00
$
96
$16.00
$
Carfenter
C""' ..... F;nlshor
·
·
·
$
$
SUbtotal Direct Labor
Labor Burd""
Labor Total
QUANTITY
2 MATEI\IALS
216
$
325
PRICE
26
Ao:ess Doors
$
$
$6150
109
TOTAL
I,S99
$
·
$
$
·
$
I
Delivery I Frelgh< Charps
Storage I Promcdon of Material.
Ma... ;.Il\otUm I Cancellation
Total
$220.00
BocI<hoe I DCIUII"
-
$
-
$
220
·
·
$
$
1,819
$
Mat1ll'la/s
13 EQUIPMENT
$
QUANllTY
PRICE
I
$200.00
TOTAL
$
·
$
$
$
-
$
$
S",.1I Tool.
I~OTAl
£'d
200
$
-
·
·
·
~
Safety E'lIlipment
$
$
4
Total E'I"ipment
$
208
2.35211
DIRECT COST OF WORK
8l \>9 'ON
~VL0:6
\>OO~'~
'Nnr
Turner Collie (f)Braden Inc.
TRANSMITTAL
MANAGERS
PO Box 130089
281-416-0260
Fax 281-416-2746
To:
Amer AI-Nahhas
SpawGlass Civil Construction, Inc.
13800 West Road
Houston, TX 7704 I
Date:
Re:
Job No.:
Transmitted
July 17,2004
03/0004
By: Hand Delivery
Copies
I
Description
Proposed Change Order #4 for Contract AOTC
Remarks:
a. Change Order No.4 allows for the installation of resilient flooring at the Main toll Plazas
and Ramp Toll Plazas Mini-buildings. This includes all labor, equipment, materials and any
other subsidiary item necessary to complete this work.
b. Change Order NO.4 also revises the contingency bid item to reflect its new value.
Copies To: 12.3.4
BY:-=-:-4~~----
Joh
annatella, P.E.
Resident Engineer
CHANGEORDERNUMBER~
(Supporting
SpawGLass
2.
Supplemental
Agreement
No • ..l!1A.J
Civil Construction,lnc
FORT BEND PARKWAY
Change Order Work Limits: Vicinity: Sta. 6041-20.00 to 605+20.00 (Main Toll Plazas)
Sta. 303+91.22
FBCTRA CONTRACT
NUMBER
AOTC
to 404+63.00 (Ramps J and I, Toll Plazas)
Sta. 2+95.00 to 4+04.43
(Ramps E and F. Toll Plazas)
FBCTRAJOB
NUMBER
0310006
TIME EXTENSION
NUMBER
NlA
(MajorlMinor)
3.
Type of Change
Major
4.
Install resilient floor at all Mini-Buildings
in order to set up equipment. Total amount for Change Order
NO.4 is $2.904.00.
None.
expense, overhead and profit or Joss due to this change.
or
!'<tl
0
!'<tl $ 0.00
Name)
\lio-
Pc~;
J~
Totals: Time
DAPPNv_
7
/z-=/oLj
Michael E. Stone.
APPROVED:
Page 1 of2
Date
_
!J¥ to the a:rtra:1
100
Cost $2 154 637.00
(Hie)
~PPROVED:
'_ng ,,"""'alien mu~be proYided:
CorIra:t [Bys--',"'oo'-CorIra:t
Qx;t $2.154637.00
Date
(TypedlPrinted
!he
to the a:rtra:1
Days
CHANGE ORDER NUMBER....!... FBCTRA
TABLE
A:
Paid by invoice
(Y/N) 1___
Amount
$,
CONTRACT ~
_
HOURLY
HOURLY
LABOR
EQUIPMENT
RATE
RATE
.
TABLE
B: (1 OF 1)
ORIGINAL
+ PREVIOUSLY
NEW
REVISED
ITEM
9004
DESCRIPnON
Installation of resilient noor al the Mini_buildings
UNIT
EA
UNIT PRICE
'0.
QUANTITY
ITEM COST
'0.
SUBTOTAL
CONTINGENCY (AfTER C.O.
if.
3)
LS
$95,684.8
I.
Page 2 of 2
'0.
UNIT
PRICE
$2,904.00
QUANTITY
ITEM COST
1.
$2.904.
FORT BEND COUNTY
RETURN TO: AGENDA COORD.-eOUNTY JUDGE'S OFFICE
DATE SUBMITTED:
SUBMITTED BY: Sue Brock, I" Assistant
DEPARTMENT:
Treasurer
PHONE NO.:
ext 3765
08/02/04
AGENDA
ITEM
#
11-
SUMMARY OF ITEM:
Authorize payment of invoices for work performed by consultants andlor contraeton listed on
Board Report for Flood Control Water Supply Corporation Monthly Bills, Approved on 07128/04 at the
Regular Board Meeting. Total amount approved by the Board is $61,105.38.
(Fund 265-006-4010)
Big Creek
$61,105.38
(Fund 264-006-4010)
Oyster Creek
$ -0RENEWAL CONTRACT/AGREEMENT:
Yes ()
No ( )
LIST SUPPORTING DOCUMENTS ATTACHED: Yes (FBC Flood Control Bills approved 07/28/04)
.,..,.,
'''''V.
,T
BUDGETED ITEM:
Yes 0
No ()
N/A (X)
Funding Source:
fund 264 agcy 006 Object
(265
~
ANNUALIZED DOLLARS:
COMMENTS:
One Time
()
Total for Fund 264: $__
-0-_
Recurring
()
Total for Fund 265: $
61.105.38
GRAND TOTAL: $
61,105.38
~
4010)
N/A
(X)
Original Form Submitted with back up to County Judge's Office: Yes (X)
CC with back up:
yes (X)Auditor
yes (X)Budget Officer
yes (X)County Attorney
yes (X)Purchasing Agent
yes (X)County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes (X)Comm.
yes (X)Comm.
yes (X)Comm.
yes (X)Comm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
1.
2.
3.
Completely fiU out agenda form, incomplete forms will not be processed.
Fax or inter-office copies of agenda form with aU back up information by Wednesday at 2:00 p.m. to the departments
listed above.
AU original back-up must be received in the County Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION 1 ACTION REQUESTED:
FORT BEND FLOOD CONTROL WATER SUPPLY CORPORATION
SUMMARY
OF INVOICES
FOR BOARD APPROVAL
JULY 28, 2004
GRAND
TOTALS
ADMINISTRATIVE COSTS
A J COLBERT [JULY 28]
JIM CONDREY [JULY 28]
PAUL COUNCIL [JULY 28]
DON RUSSELL [JULY 28]
MIKE STONE [JUNE _' JULY 28]
ALLEN BOONE HUMPHRIES, LLP
ANCO-WESSENDORFF
INS SERV
PAMELA M. LOGSDON, CPA
SANDERSEN,KNOX
& BELT
SERVICE LLOYDS INSURANCE CO
SOUTHERN NATIONAL BANK of TX
TOTAL ADMINISTRATIVE
COSTS
ENGINEERING and CONSTRUCTION COSTS
DODSON & ASSOCIATES, INC.
LJA ENGINEERING & SURVEYING,INC.
TOTAL INVOICES
FOR APPROVAL
pROJECTED CASH JULY 28 2004
OYSTER
CREEK
BIG
CREEK
100.00
100.00
100.00
100.00
200.00
3,875.39
0.00
0.00
0.00
0.00
86.17
100.00
100.00
100.00
100.00
200.00
3,875.39
4,561.56
4,561.56
0.00
56,543.82
56,543.82
$61,105.38
$11,868,077
86.17
$61 ,105.38
$11,734,868
REPORT PREPARED
Pamela M. Logsdon
Certified Public Accountant
5635 Northwest Central Drive, Suite 104E, Houston, Texas 77092
713.934.9107
713.934.9105
Fax 713.934.9443
mlo
aol.com
0.00
$0.00
$133,209
02:04PM
FORT BEND
FLOOD
SUMMARY
CONTROL
WATER
OF BIG CREEK
SUPPLY
PROJECT
CORPORATION
COSTS
JULY 28, 2004
BUDGET
CONSTRUCTION
BUDGET
REMAINING
UNDER
(OVER)
ACTUAL
and ENGINEERING
Page 3
[2]
DROP STRUCTURE & EROSION CONTROL [LJA]
CONSTRUCTiON
ENGINEERING and GEOTECHNICAL
3,809,468
527,659
0
213,325
3,809,468
314,334
[3]
[3]
979,422
4,149,450
107,028
0
872,394
4,149,450
[3,4]
[3,4]
2,407,164
2,028,262
Page 4
BIG CREEK REACH 2 and 3 [LJA]
CONSTRUCTION
BIG CREEK CONSTRUCTION & ENGINEERING
REACH 4 [LAND TECHITCBj
REACH 5 [J & Cj
2,407,164
2,028,262
277,660
263,072
14,588
BRIDGES and PHASE II DESIGN
BRIDGES - PLEAK and TRINITY ROAD
BIG CREEK OVERALL PROJECT· ENGINEERING
PHASE II - DESIGN and EASEMENTS
927,875
517,202
274,511
927,875
517,202
274,511
o
o
o
ADMINISTRATION
DIRECTORS FEES
LEGAL
LEGAL ASSISTANT
ACCOUNTING
AUDIT,INSURANCE,BANK SERVICE CHARGES, ETC.
CONTINGENCIES
61,000
205,000
9,237
52,000
40,000
69,000
20,900
127,539
9,237
28,519
36,185
4,849
40,100
77,461
0
23,481
3,815
64,151
16,334,910
2,530,242
13,804,668
[1]
BIG CREEK WATERSHED STUDY· DODSON
TOTALS
Page 5
FINAL-Pg6
FINAL-Pg6
FINAL-Pg6
11,734,868
PROJECTED CASH, JULY 28,2004
($2,069,800)
[4]
DEFICIT CASH
[1]
CONTRACT AWARDED AUGUST 28, 2002
[2]
REVISED BUDGET APPROVED MAY 26, 2004
[3]
BUDGET PER DODSON & ASSOC. STUDY, APRIL 2003
[4]
WORK WILL NOT BE AUTHORIZED FOR BIG CREEK REACHES 4 AND 5 UNTIL FUNDS ARE AVAILABLE.
REPORT
2
PREF'AAEC:
PIAL
BIG CREEK DROP STRUCTURE & EROSION CONTROL [LJA]
JULY 28, 2004
ACTUAL
BUDGET
CONSTRUCTION
BUDGET
REMAINING
UNDER
(OVER)
and ENGINEERING
CONSTRUCTION
BRAZOS RIVER DROP STRUCTURE -NBG CONST
EROSION CONTROL STRUCTURE
2,479,018
1,330,450
0
0
2,479,018
1,330,450
ENGINEERING· WA
BASE FEE
BRAZOS RIVER DROP STRUCTURE
166,094
79,827
143,563
0
22,531
79,827
ADDITIONAL SERVICES
BRAZOS RIVER DROP STRUCTURE
183,620
63,018
54,285
0
129,335
63,018
GEOTECHNICAL
STUDY
CONSTRUCTION
8,750
10,000
8,750
0
0
10,000
ENVIRONMENTAL
16,350
6,727
9,623
$4,337,127
$213,325
$4,123,802
[2]
CONSULTANT
[1]
TOTAL DROP STRUCTURE & EROSION CONTROL
~
a
DROP STRUCTURE & EROSION CONTROL [LJA]
CONSTRUCTION
TOTAL DROP STRUCTURE & EROSION CONTROL
213,325
3,809,468
314,334
$4,337,127
$213,325
$4,123,802
[1]
REVISED BUDGET APPROVED MAY 26,2004
[2]
BID AWARDED TO NBG CONSTRUCTORS, INC. ON MAY 26, 2004
CONSTRUCTION TIME - 240/270 CALENDAR DAY
NOTICE TO PROCEED _
R!PORTPREPAREO:
3
o
3,809,468
527,659
PML:
27.Jul-2~
02:08PM
BIG CREEK REACH 2 and 3
JULY 28, 2004
BUDGET
REMAINING
ADJUSTED
BUDGET
CONSTRUCTION
UNDER
(OVER)
ACTUAL
and ENGINEERING
CONSTRUCTION
REACH 2 [LJA]
$1,908,747
$0
$1,908,747
REACH 3 [LJA]
2,240,703
0
2,240,703
217,846
371,150
38,195
68,833
179,651
302,317
RIGHT OF WAY
121,826
0
121,826
EXXON 36" PIPELINE ADJUSTMENT
250,000
0
250,000
8,600
0
0
0
8,600
0
10,000
0
10,000
$5,128,872
$107,028
$5,021,844
$4,149,450
$0
$4,149,450
979,422
107,028
872,394
$5,128,872
$107,028
$5,021,844
ENGINEERING - REACHES 2
BASE FEE
ADDITIONAL SERVICES
and 3
GEOTECHNICAL
STUDY
CONSTRUCTION
ENVIRONMENTAL CONSULTANT
[1]
TOTAL REACHES 2 and 3
BIG CREEK REACHES 2 and 3
CONSTRUCTION
ENGINEERING
TOTAL REACHES 2 and 3
[1]
BUDGET PER LJA CONTRACT APPENDIX D DATED OCTOBER 2003
REPORT
4
PREPAREO:
PML
27.; ....2004
02:08 PM
BIG CREEK STUDY
ANALYSIS
OF DODSON & ASSOCIATES,
INC.
JULY 28,2004
BUDGET
---_.------
PRIOR
BILLINGS
CURRENT
BILLINGS
BILLED
TO DATE
28·May·2004
PERCENT
COMPLETE
BUDGET
REMAINING
UNDER
(OVER)
----------------=============
DODSON & ASSOC.
FEES
EXPENSES
104,460.00
126,350.00
1,641.14
126,350.00
1,641.14
122.53%
(23,531.14)
FREESE & NICHOLS
31,200.00
21,677.80
21,677.80
69.48%
9,522.20
135,000.00
101,840.42
101,840.42
75.44%
33,159.58
7,000.00
11,563.00
11,563.00
165.19%
$277,660.00
$263,072.36
$263,072.36
94.75%
PLEDGER KALKOMAY
WETLAND TECH
TOTALS
$0.00
5
(4,563.00)
$14,587.64
BIG CREEK BRIDGES
JULY 28, 2004
BUDGET
CONSTRUCTION
ACTUAL
BUDGET
REMAINING
UNDER
(OVER)
and ENGINEERING
CONSTRUCTION
PLEAK BRIDGE
TRINITY ROAD BRIDGE
ENGINEERING [Design, Construction, & General]
426,802
382,721
118,352
426,802
382,721
118,352
o
BIG CREEK OVERALL PROJECT - ENGINEERING
517,202
517,202
o
12,100
13,475
58,973
12,100
13,475
58,973
0
0
0
38,763
62,736
88,464
38,763
62,736
88,464
0
0
0
$1 ,719,588
$1,719,588
$0
PHASE II - DESIGN
CHANNELl
CHANNEL II
PHASE II - OTHER ENGINEERING
EASEMENTS, LAND & PIPELINE RELOCATIONS
Right-of-Way, Easements, Pipelines Relocation
legal
land Acquisitions
TOTAL BIG CREEK BRIDGES & PHASE II DESIGN
o
o
0.
BIG CREEK BRIDGES
BIG CREEK OVERALL PROJECT - ENGINEERING
PHASE II - DESIGN and EASEMENTS
TOTAL BIG CREEK BRIDGES & PHASE II DESIGN
927,875
517,202
274,511
927,875
517,202
274,511
o
o
$1,719,588
$1,719,588
$0
o
PROJECT CLOSED
~epORT PREPAReo~ PML:
6
11-JuHOO4
02:11 PM
FORT BEND COUNTY
RETURN TO: AGENDA COORDINATOR. - COUNTY JUDGE'S OFFICE
DATE SUBMITTED:
COURT AGENDA DATE:
08104104
08110104
SUBMITTED BY:
Jean N. Galloway, MD
DEPARTMENT:
089 Health & Human
PHONE NUMBER:
1281\ 238-3233
AGENDA
Services
#
11 fl
SUMMARY OF ITEM:
Accept and sign the FY 2004 Citizen Corps Program Grant (CERT) through September 30, 2005.
YES ()
NO
0
LIST SUPPORT DOCUMENTS ATTACHED: Cover letter notice of receipt
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes (X) No) N/A ( )
ANNUALIZED DOLLARS:
ONETIME ( )
Fnnding Source: Texas State
Citizen Corps Program
Fnnd Ae:eney Object
Recurring:
N/A
COMMENTS:
0
( )
Original Fonn Submitted with back up to County Judge's Office: (v)
cc with back up:
(v)
Auditor
(v)
Budget Officer
(v)
County Attorney
(v)
Purchasing Agent
(v)
County Clerk
(281)
(281)
(281)
(281)
(281)
341-3774
344-3954
344-4557
341-8642
341-8697
(v)
(v)
(v)
(v)
Comm.
Comm.
Comm.
Comm.
(v when completed)
Precinct
Precinct
Precinct
Precinct
1
2
3
4
(281)
(281)
(281)
(281)
342-0587
403-8009
242-9060
980-9077
I.
2.
3.
All orie:\naI back-up must be received in the Countv Judl!e'. Office by 2:00 p.m. on Wednesday.
RECOMMENDATION / ACTION REQUESTED
2004 CCP - 48157
July 12, 2004
Ms. Kaye Reynolds
4520 Reading Road Suite A
Richmond, TX 77471
Dear Ms. Reynolds:
You are receiving the enclosed Notice of Subrecipient Award for the FY 2004 Citizen Corps Program
and Texas 2004 Citizen Corps Program Grant Instructions because you are registered as the Jurisdiction
Point of Contact for Fort Bend County. If you are no longer serving in that capacity please immediately
give this packet to the correct individual.
The enclosed documents contain the necessary documentation and instructions for you to utilize your
2004 Citizen Corps Program sub-grant to focus on opportunities for people in your jurisdiction to
participate in a range of volunteer measures to make families, homes, and communities safer from threats
of terrorism, crime, and disasters of all kinds.
The Notice of Subrecipient Award should be signed by the County Judge, City Mayor, City
Manager, Mayor Pro- TEM, Executive Director for the Council of Government, or Chief Financial
Officer for the jurisdiction. Subgrants to agencies should be signed by the agency director. Other
signatures will reqnire an accompanying statement from the senior elected official authorizing the
individual to sign for the jurisdiction.
The Deadline to return the signed Notice of Subrecipient Award is September 13, 2004,
or postmarked with the due date. Subrecipients that cannot meet the deadline should
contact the Texas Engineering Extension Service to request an extension. A maximum
extension may be granted tn allow for schedules of City Councils and Commissioners'
either by fax
immediately
30 day
Courts.
Address:
Director of Domestic Preparedness
John B. Connally Building
301 Tarrow-TEEX
College Station, TX 77840-7896
Fax: (979) 458-6927
Email: [email protected]
If you have any questions, or require further information regarding this award, please do not hesitate to
contact Charles Todd, TEEX Director of Domestic Preparedness, at (979) 458-6815.
Sincerely,
Charles Todd
Director of Domestic Preparedness
Texas Engineering Extension Service
2004 CCP - 48157 Page 2
TEXAS ENGINEERING
SERVICE
EXTENSION
NOTICE OF SUBRECIPIENT
FOR
Fort Bend County
AWARD
FY 2004 CITIZEN CORPS PROGRAM
I. RECIPIENT NAME AND ADDRESS
Ms. Kaye Reynolds
4520 Reading Road Suite A
Riclunond, TX 77471
2. GRANTEE IRSNENDOR NO.
17460019692
3. GRANT TITLE
FY 2004 Citizen Corps PTOlzrarn
3A. Grant award number to TEEX: 2004-GE-T4-00IS
4. AWARD NUMBER:2004 CCP - 48157
S. PROJECT PERIOD: FROM June I. 2004 - Sep. 30, 2005
BUDGET PERIOD: FROM June I, 2004 - Sep. 30, 2005
6. AWARD DATE
Julv 12,2004
8. CFDA NUMBER:
97.004
9. TOTAL SUBRECIPIENT
7. ACTION
Initial Award
AWARD: $25,000.00
10. SPECIAL CONDITIONS
THE ABOVE GRANT IS SUBJECT TO SUCH CONDITIONS OR LlMITATIONS AS ARE SET FORTH IN THE NOTICE OF
SUBRECIPIENT AWARD AND IN THE TEXAS FY 2004 CITIZEN CORPS PROGRAM GRANT INSTRUCTIONS
II. STATUTORY AUTHORITY FOR GRANT
THIS PROJECT IS SUPPORTED UNDER PUBLIC LAW 108-90, THE DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2004.
12. METHOD OF PAYMENT
REIMBURSEMENT:
SEE DETAILS IN TEXAS FY 2004 aTIZEN
AGENCY APPROVAL
13. SIGNATURE OF APPROVING TEEX OFFICIAL
~~.J
Arturo Alonzo
Deputy Director/CFO
Texas Eoe:ineerine: Extension Service
AGENCY USE ONLY
CORPS PROGRAM GRANT INSTRUCTIONS
14.TYPE
,~~d.
SUBRECIPIENT ACCEPTANCE
E AND TITLE OF AUTHORIZED
.......
P.o~r6 Hebert;
C.ovn ~ :fUDlfle.) FOrt- ~
15. SlGNATIJRE OF AUTHORIZED
SUBRECIPIENT OFFICIAL
'0
• CounN
lSA. DATE
~/to/~oo1
2004 CCP - 48157 Page 3
TEXAS ENGINEERING
SERVICE
EXTENSION
NOTICE OF
SUBRECIPIENT AWARD
Fort Bend County
STATE HOMELAND SECURITY
GRANT PROGRAM
AWARD NUMBER 2004 CCP - 48157
AWARD DATE July 12, 2004
SPECIAL CONDITIONS
I)
The Notice of Subrecipient Award is only an offer until the subrecipient returns the signed copy of the
Notification of Subrecipient Award in accordance with the date provided in the transmitralletrer.
2)
The subrecipient agrees to use funds in accordance with the instructions in the TEXAS FY 1004 CITIZEN CORPS
PROGRAM GRANT INSTRUCTIONS
3)
The subrecipinet agrees to perform all project activities outlined on page three of the Grant Application, as submitted to the
Texas Association of Regional Councils (TARe).
4)
The subrecipinet agrees to meet all Project Outputs and Outcomes listed on page six of the Grant Application, as submitted to
TARe.
5)
The subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the
current edition of Office of Justice Programs (OJP) Financial Guide.
6)
The subrecipient agrees to comply with the organizational audit requirements of OMB Circnlar A-133, Audits of
States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP
Financial Guide, Chapter 19.
7)
Subrecipient agrees to make no request for reimbursement prior to return of this agreement approved by the
subrecipient and signed by the authorized snbrecipient representative.
8)
Subrecipient agrees to make no request for reimbursement for goods or services procured by subrecipient prior to
the performance period start date of this agreement.
9)
The subrecipient affirms that federal funds will be used to supplement existing funds, and will not replace
(supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply
documentation certifying that a reduction in noo- federal resources occurred for reasons other than the receipt or
expected receipt of federal funds.
2004 Texas State Citizen Corps Program
(CCP)
Grant Instructions
TABLE OF CONTENTS
EXECUTIVE SUMMARY
ACCEPTING THE GRANT
I.
TIMELY USE OF GRANT FUNDS
II.
AUTHORIZED PROGRAM EXPENDITURES
III.
UNAUTHORIZED PROGRAM EXPENDITURES
IV.
DISBURSEMENT OF FUNDS
V.
CONSTRAINTS ON USE OF GRANT FUNDING
VI.
ACCOUNTABILITY REQillREMENTS
VII.
VIII. SUBRECIPIENT LEGAL COMPLIANCE
CONFLICT OF INTEREST
IX.
LEGAL AUTHORITY
X.
GOVERNING
LAW
XI.
3
3
3
4
4
6
6
7
7
7
8
PROGRAM GUIDANCE
A.
B.
C.
D.
INTRODUCTION
FISCAL ADMINISTRATION
REPORTING REQillREMENTSIMONITORING/ACCOUNTABILITY
GRANT CLOSINGIRELEASE OF UNUSED FUNDS
E. SUBRECIPIENT LEGAL COMPLIANCE
F. AGREEMENT CHANGESI ADDITIONSI DELETIONS
G. CONFLICTOFINTEREST
H. GENERAL
9
9
10
12
12
13
16
17
ENCLOSURE 1: ODP GRANT INFORMATION FOR TEXAS STATE CCP
SUBRECIPIENTS
19
2004 Texas State Citizen Corps Program (CCP)
Grant Instructions
EXECUTIVE
I.
ACCEPTING
SUMMARY
THE GRANT
Sign both copies of the Notification ojSubrecipient Award, retain one copy for your records
and return one to TEEX on or before September 13,2004.
A. A request for extension of time to accept the grant must be made before the deadline
shown in the transmittal letter. An extension of up to 30 days may be granted to allow
the grant award to be reviewed by City Councilor Commissioners' Court.
B. The offer of award will be withdrawn if the signed Notice of Subrecipient Award is not
returned by the due date or extended date.
II.
TIMELY USE OF GRANT FUNDS
The period of performance for this grant is from June I, 2004 through September 30, 2005.
The sUbrecipient shall not incur costs or obligate funds for any purpose pertaining to the
operation of the project, program, or activities beyond the expiration date of the period of
performance.
III. AUTHORIZED
PROGRAM
EXPENDITURES
Citizen Corps grant funds [including Community Emergency Response Teams (CERT),
Volunteers in Police Service (VIPS) Programs, Medical Reserve Corps (MRC) Programs,
and Neighborhood Watch (NW) Programs 1 may be used to:
•
•
•
•
•
•
•
Bring together the appropriate leadership to form and sustain a Citizen Corps
Council;
Develop, implement, or sustain a plan for the community to engage all citizens in
homeland security, community preparedness, and family safety
Conduct public education and outreach in order to inform the public about their role
in crime prevention, mitigation, emergency preparedness for all hazards, and public
health measures;
Develop, implement, or sustain Citizen Corps programs offering training and
volunteer opportunities to support first responders, disaster relief groups, and
community safety efforts, and include the four charter federal programs: CERT, NW,
MRC, and VIPS;
Coordinate Citizen Corps activities with other DHS funded programs and initiatives;
Collect information on existing resources and volunteer activities within the
community;
Conduct meetings of the councilor sub-programs;
3
•
•
•
•
•
•
•
Develop and/or maintain data on volunteers and resources (including personnel,
training, activities, equipment, and supplies) within the service area;
Pay for staff and/or volunteer travel expenses to attend meetings or training sessions;
Prepare and distribute public outreach and marketing materials relating to community
preparedness and family safety or to recruit volunteers for public service;
Develop and/or maintain a program website;
Hire staff or obtain contract support that direct! y supports the foregoing; Preference
will be given to grant applications who indicate they plan to rely primarily on
volunteers.
Reproduce and distribute Citizen Corps, CERT, VIPS, MRC, NW training materials,
including instructor guides, student manuals, certificates, handouts, and newsletters;
and Preference isfor electronic newsletters with email addresses listed in the Citizen
Corps database.
Purchase basic tools, work aids, and supplies needed to establish and/or maintain a
Citizen Corps councilor sub-program.
IV. UNAUTHORIZIED PROGRAM EXPENDITURES
Unauthorized program expenditures include:
• expenditures foritems such as general use software (word processing, spreadsheet,
graphics, etc) ,
• general-use computers (other than for allowable M & A activities, or otherwise
associated preparedness or response functions) and related equipment,
• general-use vehicles, licensing fees, weapons systems and ammunition;
• activities unrelated. to the completion and implementation of the CCP;
• construction or renovation of facilities
V. DISBURSEMENT OF FUNDS:
Disbursement of funds procedure is as follows:
1. Upon receipt ofthe signed subrecipient agreement, TEEX will
deposit approximately fifty (50) percent of the total award in the
subrecipient's bank.
2. Documentation of expenditures of this initial 50% must be submitted
to and approved by TARC. TARC will review and forward eligible
requests to TEEX before any additional fund requests will be
considered.
3. The remaining 50% of the funds will be disbursed on a
reimbursement basis only.
4. All requests for these funds must be submitted on the TEEX required
form, which can be located at http://www.texascitizencorps.org!
5. Documentation of shipping and/or delivery receipts, purchase orders,
and/or store receipts must accompany all requests for reimbursement
for operating expenses and equipment. Documentation for travel,
personnel, and any professional and contractual costs must be
submitted in the same manner.
4
6. Reimbursement beyond the initial 50% will not be approved unless a
minimum of thirty (30) percent of the initial fifty percent of the
funds have been procured and request for reimbursement has been
submitted and approved.
7. Payment will be made within three weeks of receipt of faxed receipts
and invoices showing an obligation of the local jurisdiction to pay.
8. Delay in sending receipts, purchase orders, and/or invoices to
TARC will result in delayed payment.
VI. CONSTRAINTS
ON USE OF GRANT FUNDING
A.
General:
I. Grant funds shall be used for the formation and operations of Citizen Corps
Programs to promote community preparedness and family safety and engage
citizens in homeland security.
2. Subrecipient shall follow the grant guidelines to ensure the accurate and prompt
purchase, receipt, payment and management oftheir grant procured items.
B.
Eqnipment:
I. Equipment is tangible property with a service life of more than one year and an
acquisition cost of$I,OOO or more per unit. Equipment purchases under this
grant are limited'to items needed to support program activities.
2. Equipment list items acquired under this grant are the property of the
Subrecipient,and'subjectto the inventory and property rules under OMB Circular
A-102.
3. Subrecipient must maintain property records, in accordance with locally
established procedures. Subrecipient must keep those. records readily available to
ensure: accountability.
4. Theremustbe,a;physical
inventory at least once a year of grant procured
equipment items with market value in excess of $ 1,000, which includes the
following information:
.' A description of the item
•. A seriaLnumber
• Received date
• Titleholder of the equipment
• Value of the equipment
• Owner & location of the equipment
5. SUbrecipient must have a control system in place to loCate and safeguard
equipment.
C.
Travel: Reimbursement for lodging and per diem may not exceed the current State
of Texas in-state rate. Reimbursement for use of a personal vehicle for official
business may not exceed the current State of Texas governmental mileage rate.
5
D.
Expenses for Meals, Food and Beverages: Grantees may not use grant funds to pay
for meals, food, or beverages, except those that are allowable as travel expenses.
E.
Employee Lodging & Per Diem:
I. Grantees who travel within this State shall be reimbursed for the actual cost of
lodging and meals. However, the reimbursements may not exceed the $80 per day
allocation for lodging and $30 per day for meals
2. Grantees who travel outside this state but within the continental United States shall
be reimbursed for the grantee's actual expenses for lodging and meals. However, the
reimbursement may not exceed the maximum out-of-state meals and lodging rate,
issued the state Comptroller.
F.
Professional & Contractual:
I. Grantees who contract out any services with grant funds must have a written
contract with the organization or individual who is performing the service.
2. This contract or agreement must remain on file with the grantee agency for at
least three years after the close of the grant.
VII. ACCOUNTABILITY REOUIREMENTS
A. Subrecipient agrees to provide to TEEX and to TARC, in accordance with procedures
and time frames prescribed by TEEX, any technical or program. reports, data, and
information on the 'operation and performance of this Agreement deemed necessary.
B. Subrecipientshall maintain all records,.financial management records and supporting
documentation: forall expendituresoffun<fs;made under this.Agreement, in compliance
with all retention: and custodial requirements for records referenced in:this Agreement.
Subrecipient shallretain all fiscal records and supporting documents for a minimum of
three (3) years after finahAgreement: closeout.
C. Subrecipient shall provide state or federal auditing agencies, TEEX, or any of their duly
authorized representatives, access to and the right to examine, copy, or reproduce all
reports and records pertaining to this Agreement. Such rights to access shall continue as
long as the records are retained by the Subrecipient.
D. TEEX shall have the right of timely and reasonable access to the Subrecipient and
SUbrecipient premises. and personnel for the purpose of inspection, monitoring, auditing,
evaluation, or in:terview, related to all records required to be retained under this Section.
E. TEEX reserves the right to conduct or cause to be conducted an independent audit of all
funds received under this Agreement, which may be performed by government audit
staff, a certified public accounting firm, or other auditors as designated by TEEX.
Subrecipient shall cooperate with all authorized auditors and shall make available all
accounting and project records including supporting source documentation. Such audit
will be conducted in accordance with applicable state and federal rules and regulations,
Agreement guidelin:es, and established professional standards and practices.
6
F. TEEX, or its designee, retains the right to monitor, examine and audit all records,
documents and activities related to projects funded by this Agreement, and to perform
such project evaluation studies that TEEX deems necessary to determine the adequacy of
the procedures used.
G. TEEX will notify the Subrecipient in writing of any deficiencies noted during such
review, and may withhold payments as appropriate based upon such review. TEEX will
provide technical assistance to the Subrecipient to correct the deficiencies noted. TEEX
may conduct follow-up visits to review the previous deficiencies and to assess the efforts
made to correct them. If such deficiencies persist, TEEX may terminate this Agreement
effective immediately and/or apply sanctions pursuant to Section I (Sanctions or
Remedial Measures) , Page 14, or take such other action as it deems appropriate.
VIII. SUBRECIPIENT LEGAL COMPLIANCE
A.
As a condition to award of monies under this Agreement, Subrecipient assures, with
respect to the operation of a federally funded program or activity, that it will comply
fully with the non-discrimination and equal opportunity provisions of the following
laws to the extent applicable: (a) Title VI of the Civil Rights Act of 1964, as
amended; (b) Section 504 of the Rehabilitation Act of 1973, as amended; (c) the Age
Discrimination Act of 1975, as amended; (d) Title IX ofthe Education Amendments
of 1972, as amended; (e) Americans with Disabilities Act of 1990; and (f) any other
statutory provisions relating to non-discrimination.
B.
C.
IX.
In the performance of this Agreement, Subrecipient shall comply with the following
Office of Management and Budget (OMB) Circulars applicable to its organization,
institution or agency: Administrative Requirements (A-102 and A-ll 0);
Cost Principles (A-21, A-87 and 122); and
Audit Guidance (A-l33).
The parties agree to be bound by all terms of this Agreement and all applicable state
and federal statutes and regulations, and all provisions contained therein, including
the Office of Justice Programs "Financial Guide" located at:
http://www.ojp.usdoj .govlFinGuide/
No employee of the Subrecipient or a Subrecipient, no member of the Subrecipient's or a
Subrecipient's governing body, and no person who exercises any function or responsibility
in the review or approval of the undertaking or carrying out ofthis Agreement shall
participate in any decision relating to this Agreement which affect his or her personal
pecuniary interest.
X.
LEGAL AUTHORITY
7
A. The Subrecipient represents and guarantees that it possesses the legal authority to enter
into this Agreement, receive funds authorized by this Agreement, and perform the
functions and activities pertaining to this Agreement.
B. The person signing this Agreement on behalf of Subrecipient hereby warrants that he/she
has been fully authorized by Subrecipient to execute this Agreement on behalf of
Subrecipient and to legally bind Subrecipient to all the terms, performances and provisions
herein set forth.
XI.
GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of
Texas.
8
2004 Texas State Citizen Corps Program (CCP)
Program Guidance
A.
INTRODUCTION
THIS AGREEMENT, by and between Subrecipient, as identified in the Notice of
Subrecipient Award, and the Texas Engineering Extension Service (hereinafter called
"TEEX"), established under the laws of the State of Texas as a state agency component of the
Texas A&M University System, located at 301 Tarrow, College Station, Texas, 77840-7896;
WHEREAS, TEEX has been awarded a grant entitled "Homeland Security Grant Program"
from the U.S. Department of Homeland Security, Office for Domestic Preparedness, and
TEEX desires that SUbrecipient receive benefit from this grant as a subgrantee, all as herein
provided, involving the procurement and management of eqnipment and other activities
involving preparedness planning, training and exercises;
WHEREAS, Subrecipient has agreed to do so under the terms and conditions hereinafter set
forth;
NOW THEREFORE, the parties hereto mutually covenant and agree as follows as evidenced
by signatures on the Notice of Subrecipient Award:
B. FISCAL ADMINISTRATION
Availability of Funds
Notwithstanding any other Agreement provisions, the parties hereto understand and agree
that TEEX's obligations under this Agreement are contingent upon the availability of
adequate funds to meet TEEX's liabilities hereunder.
Limitation
on Liability
The Subrecipient understands and agrees that it shall be liable to repay to TEEX any funds
not expended in accordance with this Agreement or determined to be expended in violation
of the terms of this Agreement.
TEEX will pay costs properly incurred by the Subrecipient under this Agreement in the
amount specified in the Notice of Subrecipient Award or any mutual amendments hereto.
TEEX shall not be liable to the Subrecipient for costs under this Agreement which exceed the
amount specified in the Notice of Subrecipient Award.
TEEX may deobligate awarded funds after consultation with the Subrecipient and upon
determination by TEEX that funds will not be spent in accordance with the Agreement or
will not be spent in a timely manner.
9
C. REPORTING REQUIREMENTSIMONITORING/ACCOUNTABILITY
Reporting
Subrecipient must submit quarterly progress reports and fmancial reports to TARC. Forms
shall be posted on the Texas Citizen Corps Website at: http://www.texascitizencorps.org!
The reporting schedule for the above listed reports shall be as follows:
First Quarterly Report:
Due September 15,2004
This shall cover the months of June. July. & August. 2004
Second Quarterly Report:
Due December 15, 2004
This shall cover the months of September. October & November, 2004
Third Quarterly Report:
Due March 15, 2005
This shall cover the months of December, 2004, January & February 2005
Fourth Quarterly Report:
Due June 15,2005
This shall cover March, April & May 2005
Final Report:
Due October 15,2005
This shall cover June, July, August & September 2005
Retention Plan:
Due March 15,2005
1.
This outline shall outline how the subrecipient plans to recruit additional volunteers,
keep current volunteers active, and how the subrecipient will maintain the program if
the funds are decreased or eliminated.
2.
This shall be submitted entitled "Citizen Corps Retention Plan" and shall be
submitted with the Third Quarterly Progress & Financial Reports on March 15, 2005.
Funds will not be released until all reports are received. Failure to submit any reports in a
timely manner may result in delayed processing and receipt of funds.
These reports will then be forwarded to the TEEX and Office for Domestic Preparedness as
documentation for their records on the progress of the grant.
10
Reporting requirements
Subrecipient agrees to provide to TEEX, in accordance with procedures and time frames
prescribed by TEEX, any technical or program reports, data, and information on the
operation and performance of this Agreement deemed necessary by TEEX.
If SUbrecipient fails to submit to TEEX in a timely and satisfactory manner any report
required by this Agreement, or otherwise fails to satisfactorily render performances
hereunder, TEEX may withhold payments otherwise due and owing Subrecipient. IfTEEX
withholds such payments, it shall notify SUbrecipient in writing of its decision and the
reasons therefore. Payments withheld pursuant to this paragraph may be held by TEEX until
such time as the delinquent obligations for which funds are withheld are fulfilled by
SUbrecipient.
Retention and Accessibility of Records
Subrecipient shall maintain all records, financial management records and supporting
documentation for all expenditures of funds made under this Agreement, in compliance with
all retention and custodial requirements for records referenced in this Agreement.
Subrecipient shall retain all fiscal records and supporting documents for a minimum of three
(3) years after final Agreement closeout. In the event there is litigation or an unresolved
audit discrepancy at the end of such retention period, the records will be retained until the
litigation or discrepancy is resolved.
Subrecipient shall provide state or federal auditing agencies, TEEX, or any of their duly
authorized representatives, access to and the right to examine, copy, or reproduce all reports
and records pertaining to this Agreement. Such rights, to access shall. continue as long as the
records are retained by the Subrecipient.
TEEX shall have the right of timely and reasonable access to.subrecipient and.subrecipient
premises and personnel for the purpose of inspection, monitoring, auditing, evaluation, or
interview, related to all records required to be retained under this Section.
Audits or Evaluations
TEEX reserves the right to conduct or cause to be conducted. an independent audit of all
funds received under this Agreement, which may be performed by government audit staff, a
certifieapublic accounting firm, or other auditors as designated.by TEEX. SUbrecipient shall
cooperate with all authorized auditors and shall make available all accounting and project
records including supporting source documentation. Such audit will be conducted in
accordance with applicable state and federal rules and regulations, Agreement guidelines,
and established professional standards and practices.
Subrecipient shall be liable to TEEX for any costs disallowed as a result of an audit.
Subrecipient shall further be responsible for any audit exception or other payment deficiency
in the project covered by the Agreement, and all subcontracts hereunder, which are found to
exist after monitoring, review, or auditing by any party as authorized or required by TEEX.
11
Subrecipient, or the auditors that monitor or audit the Subrecipient, shall immediately report
to TEEX any incidents of fraud, abuse or potentially criminal activity in relation to the
provisions of this Agreement.
Monitoring,
Onsite Visits and Technical Assistance
Subrecipient is subject to these guidelines and procedures. TEEX will conduct onsite visits
which will enable TEEX personnel to confirm the location, condition and use of the property
and if it is being used for the intended purpose as stated in the Agreement. Site locations
may be selected in a random manner.
TEEX, or its designee, retains the right to monitor, examine and audit all records, documents
and activities related to projects funded by this Agreement, and to perform such project
evaluation studies that TEEX deems necessary to determine the adequacy of the services
performed.
TEEX will notify the Subrecipient in writing of any deficiencies noted during such review,
and may withhold payments as appropriate based upon such review. TEEX will provide
technical assistance to the Subrecipient to correct the deficiencies noted. TEEX may conduct
follow-up visitsto review the-previous deficiencies and to assess the efforts made to correct
them. If such deficiencies persist, TEEX may terminate this Agreement effective
innnediatelyand/or apply sanctions pursuant to Section I (Sanctions or Remedial Measures)
of this Agreement~or take such other action as it deems appropriate.
D.
GRANT CLOSINGIRELEASE OF UNUSEDFUNDS
At the end of the grant period, Subrecipient shall return any remaining monies to TEEX for
redistributionto'another
SUbrecipient.
The end of said performance period shall be September 30, 2005
E.
SUBRECIPIENT LEGAL COMPLIANCE
Compliance with Laws/Certifications
As a condition to award of monies under this Agreement, Subrecipient assures, with respect
to the operation of a federally funded program or activity, that it will comply fully with the
non-discrimination and equal opportunity provisions of the following laws to the extent
applicable: (a) Title VI of the Civil Rights Act of 1964, as amended; (b) Section 504 of the
Rehabilitation Act of 1973, as amended; (c) the Age Discrimination Act of 1975, as
amended; (d) Title IX of the Education Amendments of 1972, as amended; (e) Americans
with Disabilities Act of 1990; and (f) any other statutory provisions relating to nondiscrimination.
12
Compliance with LawslRegulations
Inthe performance of this Agreement, Subrecipient shall comply with the following Office
of Management and Budget (OMB) Circulars applicable to its organization, institution or
agency:
Administrative Requirements (A-102 and A-II 0);
Cost Principles (A-21, A-87 and 122); and
Audit Guidance (A-133).
The parties agree to be bound by all terms of this Agreement and all applicable state and
federal statutes and regulations, and all provisions contained therein, including the Office of
Justice Programs "Financial Guide" located at: http://www.ojp.usdoj.govlFinGuide/
F.
AGREEMENT
CHANGES/ ADDITIONS/ DELETIONS
Changes and Amendments
Any alterations, additions, or deletions to the terms of this Agreement shall be by
modification hereto in writing and executed by both parties to this Agreement before the
changes to the Agreement are implemented.
Severability
If a provision contained in this Agreement is held to be invalid, illegal, or unenforceable for
any reason, it shall not affect any pther provision of the Agreement. It is the intent of the
partiell,that.ifanyp~ovision is held.to be invalid, illegal or unenforc~able, there shall be
added in lieu thereof a valid and enforceable provision as similar iILterms to such provision
as is possible.
Force Majeure
In the event that performance by either party of any of its obligations under the terms of this
Agreement shall be interrupted or delayed by an act of God, by acts of war, riot, or civil
commotion, by any act of government, by strikes, fire, flood, or by the occurrence of any
other event beyond the control of the parties hereto, that party shall be excused from such
performance for such period of time as is reasonably necessary after such occlJI!l'llce abates
for the effects thereof to have dissipated.
Non-Assignment
This Agreement is not assignable. Notwithstanding any attempt to assign the Agreement, the
Subrecipient shall remain fully liable on this Agreement and shall not be released from
performing any of the terms, covenants and conditions ofthis Agreement. The SUbrecipient
shall be held responsible for all funds received under this Agreement.
13
Termination
of Agreement
This Agreement may be terminated, in whole or in part, whenever TEEX determines that
such termination is in the best interest of the project, such termination to be effective upon
the Subrecipient's receipt of written notification of termination from TEEX. Inthe event of
such termination, the Subrecipient shall be entitled to compensation under this Agreement for
allowable expenditures up to the termination date.
When justified, TEEX may terminate this Agreement for cause, whereupon all compensation
to the Subrecipient shall cease pending completion of any final report and any closing audit
required by TEEX.
If the Subrecipient fails to perform in accordance with the provisions of this Agreement,
TEEX may terminate this Agreement after issuing written notice of default to the
Subrecipient and allowing the SUbrecipient thirty (30) days following the issuance of such
notice in which to correct the deficiency to the satisfaction of TEEX. Such termination shall
not be an exclusive remedy but shall be in addition to any other rights, sanctions and
remedies provided by law or under this Agreement.
Notwithstanding TEEX's exercise of its right of early termination,
be relieved of any liability for damages due to TEEX. TEEX may
Subrecipient on this or any other Agreement until such time as the
due to TEEX from the Subrecipient is agreed upon or is otherwise
the Subrecipient shall not
withhold payment to the
exact amount of damages
determined by TEEX.
IfFederal-:fimds arenot available, orin the event that State laws orregulations should be
amended or judicially interpreted brender continued fu1fillment of this Agreement by either
party substantialfyunreasonable or impossible, or if the'parties are unable to agree on an
amendment to enable the substantial continuation of performance under this Agreement, then
the parties shall be discharged from any further obligations under this Agreement, except for
the equitable settlement of the respective accrued interests or obligations incurred up to the
effective date oftermination.
The SUbrecipient shall cease to incur costs under this Agreement upon termination or receipt of written notice to-terminate, whichever occurs first.
SanctionS' or Remedial Measures
IfSubrecipient materially fails to comply with the terms and conditions of this Agreement,
TEEX shall notify the Subrecipient in writing describing performance that is not in
compliance with the terms and conditions of this Agreement. The Subrecipient shall confer
with TEEX to discuss the non-compliance and necessary corrective actions to ensure
performance will be in compliance.
If TEEX and SUbrecipient cannot agree on corrective actions, TEEX may take one or more of
the following actions, as appropriate:
14
Temporarily withhold cash payments pending correction of the deficiency by SUbrecipient;
Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of
the cost ofthe activity or action not in compliance;
Wholly or partially suspend or terminate the current award;
Exercise any other available remedies.
Dispute Resolution
The dispute resolution process provided for in Chapter 2260 of the Texas Government Code
shall be used, as further described herein, by TEEX and the Subrecipient to attempt to
resolve any claim for breach of contract made by the Subrecipient:
A Subrecipient's claim for breach of this Agreement that the parties cannot resolve in the
ordinary course of business shall be submitted to the negotiation process provided in Chapter
2260, subchapter B, of the Government Code. To initiate the process, the Subrecipient shall
submit written notice, as required by subchapter B, to Arturo Alonzo, TEEX Deputy
Director. Said notice shall specifically state that the provisions of Chapter 2260, subchapter
B, are being invoked. A copy of the notice shall also be given to all other representatives of
TEEX and the Subrecipient otherwise entitled to notice under the parties' Agreement.
Compliance by the Subrecipient with subchapter B is a condition precedent to the filing of a
contested case proceeding under Chapter 2260, subchapter C, of the Government Code.
The contested case process provided in Chapter 2260, subchapter C, of the Government Code
is the Subrecipient's sole and exclusive process for seeking a remedy for any and all alleged
breaches of the Agreement by TEEX if the parties are unable to resolve their disputes under
subparagraph (A) of this paragraph.
Compliance with the contested case process provided in subchapter C is a condition
precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil
Practices and Remedies Code. Neither the execution of this Agreement by TEEX nor any
other conduct of any representative of TEE X relating to the Agreement shall be considered a
waiver of sovereign immunity to suit.
The submission, processing and resolution of the Subrecipient's claim is governed by the
published rules adopted by the Office of Attorney General of Texas pursuant to Chapter
2260, as currently effective, hereafter enacted or subsequently amended. These rules are
found at I T.A.C. Chapter 68.
Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the
suspension of performance by the Subrecipient, in whole or in part.
The designated individual responsible on behalf of TEE X for examining any claim or
counterclaim and conducting any negotiations related thereto as required under §2260.052 of
H.B. 826 of the 76th Texas Legislature shall be Arturo Alonzo, TEEX Deputy Director.
15
G.
Prevention
of Conflicting Interests
The Subrecipient, by signing this Agreement, covenants and affirms that:
No employee of the Subrecipient or a Subrecipient, no member of the Subrecipient's or a
Subrecipient's governing body, and no person who exercises any function or responsibility in
the review or approval of the undertaking or carrying out of this Agreement shall participate
in any decision relating to this Agreement which affect his or her personal pecuniary interest.
The SUbrecipient shall take every reasonable course of action to maintain the integrity of this
expenditure of public funds and to avoid favoritism and questionable or improper conduct.
This Agreement shall be administered in an impartial manner, free from efforts to gain
personal, financial or political benefit, tangible or intangible. The Subrecipient, its executive
staff and employees, while administering this Agreement, shall avoid situations which could
give the appearance that any decision was influenced by prejudice, bias, special interest or
desire for personal gain.
SUbrecipient shall immediately inform TEEX in writing of any potential conflict of interest
which arises at any time during the term of this Agreement.
IfSUbrecipient fails to abide by the foregoing covenants and affirmations regarding conflict
of interest, the Subrecipient shall not be entitled to recover any costs or expenses incurred in
relation to this Agreement and shall immediately refund to TEEX any fees or expenses that
may have been paid under this Agreement, and shall further be liable for any other costs
incurred or damages sustained by TEEX relating to this Agreement. Such failure may
subject SUbrecipient to sanctions as provided in Section I (Sanctions andRemedial
Measures) of this Agreement.
Sectarian Activity
None of the activities or performances rendered under this Agreement shall involve, and no
portion of the funds received by Subrecipient shall be used for any sectarian or religious
activity.
Political Activity
None of the activities or performances rendered hereunder by the Subrecipient shall involve
and no portion of the funds received by the SUbrecipient shall be used for any political
activity, including but not limited to any activity to further the election or defeat of any
candidate for public office, or any activity undertaken to influence the passage, defeat, or
final contents oflegislation.
16
H.
GENERAL
Parties to Agreement
TEEX and SUbrecipient have severally and collectively made and entered into this
Agreement which, together with the documents attached or incorporated by specific
reference, constitutes the entire Agreement between the parties as evidenced by signatures on
the Notice of Subrecipient Award.
Legal Authority
The Subrecipient represents and guarantees that it possesses the legal authority to enter into
this Agreement, receive funds authorized by this Agreement, and to perform the required
tasks.
The person signing this Agreement on behalf of Subrecipient hereby warrants that he/she has
been fully authorized by SUbrecipient to execute this Agreement on behalf of Subrecipient
and to legally bind Subrecipient to all the terms, performances and provisions herein set
forth.
Relationship
of the Parties
The relationship of the parties is that of independent contractors, and not as agents of each
other or as joint venturers or partners.
Rights in Data. Copyrights
and Publication
TEEX will be free to publish the results of all work done under this Agreement. Ownership
of all data produced under this Agreement will remain with TEEX. Title to and the right to
determine the disposition of any copyrights, or copyrightable material, first produced or
composed in the performance of this Agreement shall remain with TEEX, provided that
TEEX shall grant to Subrecipient an irrevocable, royalty-free, non-exclusive license to
reproduce, modify, and use all such data and copyrightable material for its own use, but not
for any commercial pwpose.
Measure of Liability
In consideration of Subrecipient's full and satisfactory performance of conditions in the
agreement, TEEX shall be liable to the SUbrecipient in an amount equal to the actual
allowable costs incurred by the SUbrecipient, subject to the following limitations:
TEEX shall not be liable for expenditures made in violation of the legal authorities cited in
Section I, Subrecipient Legal Compliance, of this Agreement, or any other law or regujation
applicable to the specific project or service performed under this Agreement.
17
Except as otherwise provided by this Agreement, TEEX shall be liable to SUbrecipient in an
amount equal to the actual allowable costs, not to exceed the Subrecipient grant award,
incurred by SUbrecipient in rendering required performance.
Except as otherwise specifically authorized by TEEX in writing, TEEX shall only be liable
for expenditures made in compliance with the cost principles and administrative
requirements set forth and referenced in this Agreement.
TEEX shall not be liable to Subrecipient for costs incurred or performances rendered by
Subrecipient before commencement of the Agreement or after completion of this Agreement.
TEEX shall not be liable for any costs incurred by Subrecipient in the performance of this
Agreement which have not been billed to TEEX within sixty (60) days following termination
of this Agreement.
Governing Law
This Agreement shall be governed and construed in accordance with the laws ofthe State of
Texas.
18
Enclosure 1: ODP Grant Information for Texas State CCP
Subrecipients
19
The Fiscal Year 2004 Citizen Corps Program
A. Program
(CCP)
Overview
FY 2004 funding for Citizen Corps is authorized by Public Law 108-90, the Department of
Homeland Security Appropriations
Act, 2004. The FY 2004 Citizen Corps funds will be used
to support Citizen Corps Councils with planning, outreach, and management of Citizen Corps
programs and activities. The FY 2004 Citizen Corps funds provide the resources necessary
for States and local cornmwIities to:
• bring together the appropriate leadership to form and sustain a Citizen Corps Council;
• develop and implement a plan for the commwIity to engage all citizens in homeland
security, cornmwIity preparedness, and family safety;
• conduct public education and outreach in order to inform the public about their role
in crime prevention, mitigation, emergency preparedness for all hazards, and public
health measures, including bio-terrorism, and to encourage personal responsibility
and action;
• develop and implement Citizen Corps programs offering training and volunteer
opportwIities to support first responders, disaster relief groups, and cornmwIity safety
efforts, to include the four charter federal programs; CornmwIity Emergency
Response Teams (CERT), Neighborhood Watch, Volunteers in Police Service
(VIPS), and Medical Reserve Corps (MRC); and
• coordinate Citizen Corps activities with other DHS funded programs and initiatives.
Citizen Corps program guidance, supporting materials, and resources (to include links to
preparedness/educational
materials and information on all Citizen Corps programs) are
available at www.citizencorps.gov.
B. Program
Requirements
Each State shall obligate not less than 80 percent of Citizen Corps funds to local wIits
of government within 60 days after the grant award.
If requested in writing by a local wIit of government, the State may retain some or all of the
local wIit of government's
allocation of grant funds for purchases made by the State on
behalf of the local wIit of government.
States holding grant funds on behalf of local units of government must enter into a
memorandum of understanding with the local unit of government specifying the amount of
funds to be retained by the State for purchases.
This agreement must be kept on file with the SAA. These funds will be provided to local
commwIities that have an approved Citizen Corps Councilor that will establish a Citizen
Corps Council as a condition of receiving the assistance.
20
The authorized program expenditures apply to State funds and to direct funding provided to
sub-grantees.
Each local unit of government receiving funds should develop a plan for implementing
the Citizen Corps mission - to have every American participate in homeland security
through public education, training and volunteer service opportunities.
Citizen Corps implementation plans are not required to be submitted to ODP, but rather are
essential tools to guide new and existing Citizen Corps Councils in achieving their goals and
objectives for the community.
More specifically, the plan should include how local Citizen Corps Councils will:
Implement the Citizen Corps programs at the communitylevel, which include CERT,
Medical Reserve Corps, Neighborhood Watch, Volunteers in Police Service, and the affiliate
programs;
• conduct public education campaigns;
• provide training;
• cross-leverage Citizen Corps programs;
• tap existing resources at the community level, to include private sector funding;
• provide opportunities for special needs and interests;
• develop targeted outreach for special needs groups;
• organize special projects and community events;
• encourage cooperation and collaboration among community leaders;
• capture smart practices and report accomplishments
Communities are also expected to register and update information regarding their
Citizen Corps Councils and programs/activities on the Citizen Corps website and
on other relevant programmatic websites.
The SAA must coordinate Citizen Corps program activities with the State agencies
currently responsible for the administration of Citizen Corps activities. A listing of
current Stare Citizen Corps points of contact may be found by going to
www.citizencorps.gov/councils/ and clicking on "State Citizen Corps POC List"
on the left hand side.
State and local governments are encouraged to consider all sources of funding, to include
private sector funding, to leverage existing materials, and to pursue economies of scale and
economies of scope in pursuing this mission.
States are also encouraged to help local governments form Citizen Corps Councils and to
work with Citizen Corps Councils that have already formed even when the community does
not receive a direct sub-grant.
States will continue to provide program management via the administrative section of
the Citizen Corps website, to include managing the approval process for local Citizen
21
Corps Councils, managing administrative section passwords for local users, and managing
subscribers and e-mails to subscribers.
C. Authorized Program Expenditures
Allowable Planning Costs
Costs associated with activities to develop and implement a State, regional or local
Citizen Corps plan are allowable under this program. Applicable costs may include:
• collecting information on existing resources and volunteer activities within the
community
• meetings of the Citizen Corps Council and other community stakeholders
a system to track activities and participants (in compliance with applicable privacy
laws);
• website maintenance;
travel expenses for staff and/or volunteers to attend meetings or training sessions;
survey methodologies to assess citizen preparedness, training, and volunteerisrn;
hiring of full or part-time staff or contractors/consultants to assist with any of the
above activities ;
conducting local or regional program implementation meetings.
Allowable Public Educatiou / Outreach Costs
To accomplish the mission to have all citizens participate in making America safer,
Citizen Corps Councils may develop public education and outreach materials to educate
and engage the public, to include materials tailored to special needs populations.
Allowable expenditures include:
• materials to support a public awareness campaign, media coverage, outreach
activities, and public events, such as;
• public safety announcements;
• printed advertising;
• billboards;
• promotional flyers;
• booth displays;
• conference backdrops;
• podium signs;
• recognition pieces for Citizen Corps partners;
• recognition for special commendation in support of the mission;
• informational buttons, pins, key chains, and magnets;
• publications, posters, buck slips; and
• other materials that either encourage the public to participate, educate the public, or
recognize and support our partners to build a strong, broad-based coalition of
programs and organizations that make a commitment to further the Citizen Corps
mission.
22
Allowable Training I Exercise I Equipment Costs
Citizen Corps funds may be used for training, exercise, and equipment costs related to
citizen education and participation in the Citizen Corps mission of safer communities.
Training supported through the FY 2004 Citizen Corps Program may focus on the
following areas:
• emergency preparedness
• basic first aid and life saving skills,
• crime prevention,
• public health issues, mitigation, safety in the home, or other training that promotes
community safety.
Specific consideration should be given to training all ages, ethnic groups, and special needs
populations.
Exercises specifically designed for citizens are allowable activities and may include:
• testing public warning systems,
• evacuation/shelter in place capabilities or testing familylbusiness preparedness.
Examples of appropriate volunteer citizen support for emergency preparedness and response
exercises include:
• CERT participation
• back filling non-professional tasks for first responders deployed on exercise,
administrative andJogistical assistance with exercise implementation
• providing simulated victims. press, and members of the public
Allowable costs include:
• instructor preparation and delivery time (to include overtime
costs);
• hiring of full or part-time. staff or contractors/consultants to assist with
conducting the training and/or managing the administrative aspects of conducting the
training;
• creation and maintenance of a student database;
• rental of training facilities;
• printing course materials to include instructor guides, student manuals,
brochures, certificates, handouts, newsletters. and postage (although preference is for
an electronic newsletter with email addresses as part of the database unless the
individuals or areas to be served have limited access to electronic communications);
• course materials specific to the subject matter, such as bandages, gloves. fire
extinguishers, mannequins;
• outfitting CERT members with a hard hat, safety vest,
goggles, and gloves;
• personal protective equipment for volunteer responders;
• equipment related to specific training or volunteer assignments; and
23
"b-II\ ~GL\
•
RECORDED ON
IN THECOMMISSI~E~ CMT
MINUTES DE
.. 0-
costs associated with design, development, and conduct of exercises speciIicaily tor
citizens or to support the citizen component of first responder exercises, to include
preparing citizens for their role in the exercise.
Allowable Volunteer Program Costs
One of the goals for Citizen Corps Councils is to provide volunteer service opportunities
across all emergency prevention, preparedness and response disciplines, for
community safety efforts, and for disaster relief.
Citizen Corps funding may be used to establish or enhance volunteer program and volunteer
recruitment efforts for Neighborhood Watch, CERT, VIPS, and MRC; the Citizen Corps
affiliate programs; other DHS funded programs and initiatives; outreach and training
activities; and to support the Citizen Corps Council.
To assist local communities with engaging volunteers, Citizen Corps funds may be used to
pay for the costs of:
• recruiting;
• screening/assessing;
• training;
• retaining/motivating;
• recognizing;and
• evaluating volunteers who support law enforcement, fire, emergency medical
services, public works, emergency management, disaster relief organizations,
community safety efforts, and citizen preparedness in the horne, schools, the
workplace, and throughout the community.
Funds may also be used to evaluate volunteer programs, to include:
• costlbenefit analysis,
• how programs can share resources,
• hiring of full or part-time staff or contractors/consultants to assist with evaluations.
To the extent possible, expenditures should be made to benefit multiple programs.
D. Unauthorized
Program Expenditures
Unauthorized program expenditures include:
• expenditures for items such as general use software (word processing, spreadsheet,
graphics, etc),
• general-use computers (other than for allowable M & A activities, or otherwise
associated preparedness or response functions) and related equipment,
• general-use vehicles, licensing fees, weapons systems and anununition;
• activities unrelated to the completion and implementation of the CCP;
• other items not in accordance with the Authorized Equipment List or previously listed
as allowable costs; and,
• construction or renovation of facilities.
24
.
AGENDA ITEM
FORT BEND COUNTY
DATE SUBMITTED:
COURT AGENDA DATE:
08/04/04
08/10/04
SUBMITTED BY:
DEPARTMENT:
089 Health & Human Services
PHONE NUMBER:
12811 238-3233
AGENDA
#
/78
SUMMARY OF ITEM:
Accept and sign the FY 2005 Triple 000 Grant Amendment from the Department of State Health Services. (Formerly Texas
Department of Health)
YES ()
NO 0
LIST SUPPORT DOCUMENTS ATTACHED: Triple 000 Grant Amendment
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes (X) No) N/A ( )
ANNUALIZED DOLLARS:
ONETIME ( )
Funding Source: DSHS
Recurring:
Fund Al!encv
N/A
Obiect
COMMENTS:
0
( )
Original Form Submitted with back up to County Judge's Office: (.,)
cc with back
(.,)
(.,)
(.,)
(.,)
(.,)
up:
Auditor
Budget Officer
County Attorney
Purchasing Agent
County Clerk
(281)
(281)
(281)
(281)
(281)
341-3774
344-3954
344-4557
341-8642
341-8697
Comm.
Comm.
Comm.
Comm.
( ., wben completed)
Precinct
Precinct
Precinct
Precinct
1
2
3
4
(281)
(281)
(281)
(281)
342-0587
403-8009
242-9060
980-9077
1.
2.
3.
All ori2inal back-up must be received in the County Jud2e's Office by 2:00 p.m. on Wednesday.
Protecrrexas
M
Texas Department
Eduardo J. Sanchez, M.D., M.P.H.
Corrrrnissioner
ofHea1th
of Health
1100 West 49'" Street
Austin, Texas 78756-3199
http://\'V\nv.tdh.state.Dl..us
j-ll88-963-7111
Randy Fritz, M.P.A
Chief Operating Officer
Nick Curry, M.D., M.P.H.
Executive Deputy Commissioner
Jlllle 17, 2004
Dear TDH Contractor,
This a time of great change for health and government. The purpose of this letter is to provide you
with advance notice of changes you can expect in the upcoming contract process. Rest assured, there
will not be any interruption in the delivery of client services or execution of client services contracts.
The most significant event is that the Department of State Health Services (DSHS) will begin to
officially operate on September 1, 2004. DSHS will be comprised of these state agencies: Texas
Department of Health, Texas Commission on Alcohol and Drug Abuse, elements of the Texas
Department of Mental Health & Mental Retardation and the Texas Healthcare Information COllllcil.
The legacy agencies that make up DSHS will cease to operate onAugust 31, 2004. How this impacts
your current and future contract(s) and payments will be discussed in this letter.
For more
infonnation on consolidation and transition issues, visit the followingHea1thandHuman
Services
Commission (HHSC) web site: http://www.hhsc.state.tx.us/ConsolidationiConsl_
home.html
Existing contracts will continue as written Illltil they expire. The consolidation legislation was written
to pass on TDH powers, authority and responstbilities to the succeeding agency DSHS.
Contracts that begin on September 1, 2004, and later will be in the name ofDSHS.
The accollllting system that TDH currently uses (HHSAS) is being modified to accommodate the new
agency structure. There is no change in where to submit requests for reimbursements for existing or
future contracts. As we transition to the upgraded software in August and September, we expect to
continue to make payments during the 30-day period allowed by the Texas Prompt Payment law.
OUT goal is to mail all contracts that are ready by July 15, 2004 or as soon thereafter as possible.
Approximately
75% of the agency contracts will meet this time line. We are aware of specific
program areas that will not be ready for mailing by that date. Fllllding issues are expected to delay
Bioterrorism (including Lab related Bioterrorism) attachments and Educational Service Centers.
OPHPlTriple 000 contracts will be ready to mail by early August.
As we consolidate with other agencies, our business practices will change. One practice that will
begin this summer is to change the order of who signs the contract first. The letter transmitting a
contract will require your agency to sign the contract documents first and return both originals to
DSHS to sign. We appreciate your efforts to return the signed original contracts by August 15,2004.
We WIll then finalize the contract and mail a signed original to your agency.
Page 2
The Governor's Office is in the process of adopting modifications to the Uniform Grant Management
Standards (UGMS). We will incorporate these changes into the DSHS contracts effective on or after
September 1,2004. Highlights of the changes are:
•
•
•
•
Raise the equipment definition threshold to $5,000 (from $1,000).
No change to .32(d)(3) regarding the requirement for subrecipients to continue to maintain an
inventory for "exception" items. This means that the equipment and supplies article of the general
provisions will continue to include "exception" items that are $500 or more and less than $5,000.
The exception items are the controlled assets identified in the State Property Accounting Manual,
Appendix
C
(which
can
be
seen
at
the
following
Intemet
address:
http://www.windowstate.tx.us/cO!T!ptroVsanlspaicontrolclasscodes.htrnl).
The current list has
items such as: (fax machines, telecopiers, stereo systems, cameras, video recorders/laserdisc
players (TVs, VCRs, Camcorders), desktop CPUs, portable laptop CPUs, and printers.
Eliminate the option to recover up to 10% of salary and wages for indirect costs.
Raise the single audit threshold to $500,000 (from $300,000).
Our goal is to provide you with the information you need to get through this transition as smoothly as
possible. There will be some bumps in the path, but the contracting and program staff are ready to
work with you to address any problems as quickly as possible.
If you have questions or need additional information please contact Bob Burnette or Tess Peterson at
(512) 458-7470.
Sincerely,
Bob Burnette, Director
Procurement and Contracting Division.
Protectrexas"
Texas Deportment of Health
Eduardo J. Sanchez. M.D .. M.P.H.
Commissioner of Health
1100 West 49th Street
Austin. Texas 78756-3199
h!tp:/lwww.ldh.sf4te./x.us
1·888-963-7111
Randy Fritz. M.P.A.
Nick Curry. M.D .• M.P.H.
Executive Deputy Commissioner
July 27. 2004
JEANN. GALLOWAY M.D.
DIRECTOR
FORT BEND COUNTY HEALTH AND HUMAN SERVICES
4520 READING RD STE A
ROSENBERG. TX 77471-2133
TDH Document: 7460019692 2005
Change No. 02
Dear DOCTOR GALLOW AY:
Enclosed are two copies of the above referenced Department of State Health Services (DSHS) contract/Attachment(s).
These contracts reflect the new agency name which will be effective September I. 2004. Please sign and return both
copies to this division as soon as possible.
Your contract will be signed by DSHS and returned to your agency. Changes
made to any portion of the contract documents are considered a cOWlter-offer and are not valid without TDH written
concurrence.
The General Provisions contain information that is applicable to all DSHS contracts. If your contract is a new contract. a
renewal of prior fiscal year activities, or if new Attachments are being added to a current contract, please review the General
Provisions thoroughly as they may have changed.
TDH will not pay requests for reimbursements submilled!postmarked more than 90 days after the end of the contract
Attachment term. Additional information regarding this policy is available on the TDH website at http://www.tdh.state.tx.us.
PLEASE NOTE: Return both copies of the contract to the Texas Department of Health, Procurement and Contracting
Services Division, IIOO W. 4tfh St., Austin, TX 78756-3199, Att£ntWn: Contract Development Section. Contracts
returned to any oth8r addressee may result in contract delays.
Please reference the document and attachment numbers in all future correspondence.
Tess Peterson [email protected]
or 5121458-7470.
Bob Burnelle, Director
Procurement and Contracting Services Division
BB:t1p
Enclosures
An Equal Employment Opportunity Employer
If you have questions. please contact
DEPARTMENT OF STATE HEALTH SERVICES
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
DSHS Document No. 7460019692 2005
COUNTY OF TRAVIS
Contract Change Notice No. 02
The Departmem of State Health Services, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in
writing with FORT BEND COUNTY HEALTH AND HUMAN SERVICES hereinafter referred to as PERFORMING AGENCY.
The arties thereto now desire to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
ATT NO. 02 : OPHP - LOCAL PUBLIC HEALTH SYSTEM
All terms and conditions not hereb
EXECUTED
IN DUPLICATE
amended remain in full force and effect.
ORIGINALS ON THE DATES SHOWN.
FORT BEND COUNTY
Authorized Contracting Entity (type above if different
from PERFORMING AGENCy) for and in behalf of:
PERFORMING
AGENCY:
RECEIVlNG
DEPARTMENT
By: --l,...A!!
(Signature of person
j)"krt
do he r t) (2oun'J
Date:
OF srATE
HEALTH
SERVICES
By: -::- __
--,--,-(Signature of person authorized to sign)
au
(Name and Title)
AGENCY :
Bob Burnette, Director
Procurement and Contracting Services Division
(Name and Title)
I1e.-'
aLB' n:;t 10, 9 end
_
Date:
_
RECOMMENDED:
By:
_
(PERFORMING AGENCY Director, if different
from person authorized to sign contract
CE
Cover
Page
1
PCSD - Rev. 6/04
DETAILS
AttJ
Amd
No.
DSHS Program ill/
DSHS Purchase
Order Number
Term
Begin
IMM/LOCALS
01/01104
0000001766
OPHP/LPHS
09/01104
02
C039222000
DSHS Document No.7460019692 2005
Change No. 02
OIA
OF
ATTACHMENTS
Financial Assistance
End
12/31/04
Source of
Funds'
State 93.268
08/31105
Totals
Amount
Direct
Assistance
Total Amount
(DSHS Share)
65,909.00
0.00
65,909.00
37,998.00
0.00
37,998.00
0.00
$103,907.00
$103,907.00
$
'Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable.
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
REFER TO
DOCUMENT NO. 7460019692-2005
ATTACHMENT NO. 02
PURCHASE ORDER NO. C039222000
PERFORMING AGENCY:
FORT BEND COUNTY HEALTH AND HUMAN SERVICES
RECEIVING AGENCY PROGRAM:
OFFICE OF PUBLIC HEALTH PRACTICE
TERM: September 01, 2004 THRU: August 31, 2005
SECTION 1. SCOPE OF WORK:
PERFORMING AGENCY shall improve or strengthen local public health infrastructure within
the State of Texas by:
•
•
•
•
Developing objective(s) to address a public health issue;
Utilizing resources provided through this contract attachment to conduct activities
and services that provide or support the delivery of essential public health services;
Assessing, monitoring, and evaluating the essential public health activities and
services provided through this contract attachment; and
Developing strategies to improve the delivery of essential public health service(s) to
identified service area.
These tasks shall be performed in accordance with PERFORMING AGENCY'S FY 05 Local
Public Health System (LPHS) Service Delivery Plan, dated May 27,2004 and the FY 05 Texas
Application for Preventive Health and Health Services Block Grant Funds, dated June 15, 2004.
The assessment and/or evaluation activities must include a standard that is identified in
PERFORMING AGENCY'S FY 05 LPHS Service Delivery Plan. Acceptable standards include
the National Public Health Performance Standards approved by the Centers for Disease Control
and Prevention, Performance Standards developed by the Texas Association of Local Health
Officials, Healthy People 2010, and any federal, state or local law or regulation governing the
delivery of essential public health services. Other evaluation methods utilizing standards not
listed in this contract Attachment must be pre-approved by RECEIVING AGENCY.
PERFORMING AGENCY shall comply with all applicable federal and state laws, rules,
regulations, standards including, but not limited to, the following:
•
•
•
•
Chapter 23-11 of the Healthy People 2010;
Section 121.002, Texas Health & Safety Code, definition of ten essential public health
services; and
Government Code, Section 403.1055, "Permanent Fund for Children and Public Health".
Texas Administrative Code, Title 25, Chapter 83, Subchapter A "Permanent Fund for
Children and Public Health".
ATTACHMENT-Page
1
PERFORMING AGENCY shall comply with all applicable regulations,
guidelines in effect on the beginning date of this contract Attachment.
The following documents
Attachment:
•
•
are incorporated
standards,
and
by reference and made a part of this contract
PERFORMING AGENCY'S FY 05 LPHS Service Delivery Plan; and
FY 05 Texas Application for Preventive Health and Health Services Block Grant Funds.
PERFORMING AGENCY may not use funds from the Permanent Fund for Children and Public
Health for lobbying expenses under the Government Code, Section 403.1067.
RECEIVING AGENCY shall inform PERFORMING AGENCY in writing of any changes to
applicable federal and state laws, rules, regulations, standards and guidelines. PERFORMING
AGENCY shall comply with the amended law, rule regulation, standard or guideline except that
PERFORMING AGENCY shall inform RECEIVING AGENCY Program in writing if it shall
not continue performance under this Attachment within thirty (30) days of receipt of an amended
standard(s) or guideline(s). RECEIVING AGENCY may terminate the Attachment immediately
or within a reasonable period of time as determined by RECEIVING AGENCY.
PERFORMANCE
MEASURES
PERFORMING AGENCY shall complete the PERFORMANCE MEASURES as stated in the
FY 05 LPHS Service Delivery Plan, and as agreed upon by RECEIVING AGENCY, and hereby
attached as Exhibit A.
PERFORMING AGENCY shall provide activities and services as submitted by PERFORMING
AGENCY and approved by RECEIVING AGENCY in the FY 05 LPHS Service Delivery Plan
in the following county(ies)/area: Fort Bend.
SECTION II. SPECIAL PROVISIONS:
General Provisions, Reports Article, is revised to include the following paragraphs:
PERFORMING AGENCY shall submit quarterly progress reports which describe progress
toward completing the activities and services contained in PERFORMING AGENCY'S FY 05
LPHS Service Delivery Plan and any written revisions. PERFORMING AGENCY shall submit
the first, second and third quarter's progress reports to RECEIVING AGENCY no later than
thirty (30) days after the end of each quarter, and the final report and improvement plan to
RECEIVING AGENCY sixty (60) days after the end of this contract Attachment term in a
format specified by RECEIVING AGENCY.
ATTACHMENT - Page 2
PERFORMING AGENCY shall submit an Annual Budget and Expenditures Report in a format
specified by and to RECEIVING AGENCY by December 15, 2005.
ATTACHMENT - Page 3
FINANCIAL
ASSISTANCE
CURRENT
NEW OR REVISED
OBJECT CLASS CATEGORIES
BUDGET
CHANGES
BUDGET
REQUESTED
a. PERSONNEL. ...............................
27,158.00
0.00
27,158.00
b. FRINGE BENEmS
10,840.00
0.00
10,840.00
c. TRAVEL ...................................
0.00
0.00
0.00
d. EQUIPMENT ................ ...............
0.00
e. SUPPLIES .................................
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
37,998.00
0.00
37,998.00
0.00
0.00
0.00
37,998.00
0.00
37,998.00
37,998.00
0.00
0.00
37,998.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00000
0.00000
0.00
[ CONTRACTUAL
..........................
..............................
g. OUlER ....................................
h. TOTAL DIRECf
CHARGES .....................
i. INDIRECT CHARGES .........................
TOTAL ....................................
k. RECEIYING
AGENCY SHARE ...................
I. PERFORMING
m. PROGRAM
AGENCY SHARE (Includes m. PI)
0.00
0.00
0.00
0.00
m.3. Other Match .........................
CONTRACf
0.00
INCOME:
m2. Program Inccme (projected) .........
TERM
Begin Date ....................................
9/112004
813112005
End Date ......................................
DETAIL ON INDIRECf
.
APPROVED
TYPE OF RATE
COST:
PROVISIONAL
PREDETERMINED
................
.............
FINAL ......................
FIXED ......................
0.00000
0.00
RATE ......................................
BASE ......................................
TOTAL INDIRECf
CHARGES ..........
."
......
0.00
0.00
0.00
Financial status reports are due the 30th of December, 30th of March, 30th of June, and the 30th of November.
0.00
Exhibit A
PERFORMANCE
MEASURES:
PERFORMING AGENCY: Fort Bend County Health & Human Services
Objective #1: PERFORMING AGENCY shall identify health care providers in
the area who may be treating patients with SID's, including hospital ER's and
private clinics.
Performance Measure: Develop a list of providers who are treating significant
numbers of patients with SID's by end of the first quarter.
Objective #2: PERFORMING AGENCY shall identify treatment and other
resources in the community for patients and their potentially infected partners.
Performance
Measure:
List
of
treatment,
counseling,
partner
elicitation/notification services with details of availability, cost etc. by end of first
four months.
Objective #3:
PERFORMING AGENCY shall establish relationships with
providers to increase knowledge of reporting and partner elicitation/referral
options.
Performance Measure: Educational flyer for providers created by end of first
four months and dates of contract.
Performance
Measure:
education and discussion.
Record kept of dates of contract with providers for
Objective #4: PERFORMING AGENCY shall develop protocols with providers
for referrals and reporting.
Performance
third quarter.
Measure:
Protocols for referrals and reporting created by end of
Objective #5: PERFORMING AGENCY shall use data collected to describe
SID morbidity in Fort Bend County.
Performance
Measure:
Analysis of reporting/referral
morbidity in Fort Bend County.
Exhibit A - Page I
data to describe SID
GENERAL PROVISIONS FOR
OF STATE HEALTH SERVICES SUBRECIPIENT
DEPARTMENT
GRANT CONTRACTS
TABLE OF CONTENTS
ARTICLE
1
-
PREAMBLE
2
3
4
-
5
-
6
-
TERM
FUNDING
AMENDMENTS
APPLICABLE LAWS AND STANDARDS
DEBARMENT AND SUSPENSIONS
7
-
ASSURANCES
8
9
•
CHILD ABUSE REPORTING REQUIREMENTS
INTELLECl'UALPROPERTY
16
-
IDSTOBICALLY
UNDERUTII.JZED
BUSINESSES
II . CONFLICTOFIN'I'EREST
12 - CERTIlR:ATlBlfOF
SOJrlWAtRE,.BARDWARE, FIRMWARE, AND
MlCR0'etlBE'PR0DUCl'S
13 • S11ANDMDSF6RFINANClALAND
PROGRAMMATIC MANAGEMENT
14 • BONDI1I'fG
15 - ~p_'l'lCDAnON'llI!lQlJIRDfENT
16
•
MLOW;'tIU,E
C&SrSANDAfBl)ITBEQUIREMENTS
17 - ~C0NDITI0N80./l"AYMENT
18 .• ~~S
19'
-~i;A;~.~,
-EMl&iIr
u ....c:l'S~SUBREQPIENTS
28'
g~SA'IWN
~1 -EQI'lJaeki~PIJBS
~
- ~¥0lIftOcmmENT
24·
~~
~9iP#ti!,.", 4"'$
Bl«X"JJlJIiBlJIldENnON
~OFPRlXrECI'EDBEALTHINFORMATION
21l - SA'NC1iifl)J!iS
2!l - &\NC1lI~vmw
30 •. BRBACII',~OON'IRACT
CLAIM
31-~N
vmDGOllURl\CT
33 • SEVERAiBIIlR'¥.
34 • LOCALJBA£mDEPARTMENT
PERSONNEL
35 - SURVIVAl.. OF TERMS
36 - CONSTRUCTION OF AMBIGUITIES
37 - NOWAIVEROFSOVEREIGNIMMtJNITY
J8 - CERTIFICATION
25 :zcI 7.7 -
» -
Paper Publications Number: 29-11834, Revised June 2004
(LGS)
GENERAL PROVISIONS
6/2004
Any a1tentlon to this document con_tes
a ClJII_tror and mnat be approved In writing by the Department of State Health
ServIces.
DEPARTMENT
ARTICLE
GENERAL PROV;ffiIONS FOR
OF STATE IIEALTH SERVICES SUBRECIPIENT
GRANT CONTRACTS
1. Preamble
PERFORMING AGENCY and RECEIVING AGENCY (the parties) agree to make and enter into this grant contract
(contract), to faithfully perform the duties prescribed by this contract, and to uphold and abide by its terms and
provisions. This contract consists of:
•
•
•
•
•
RECENING and PERFORMING
Details of Attachment( s),
authorized signatures,
General Provisions, and
Attachment( s).
AGENCY identifying data,
Attachments may include the following elements as applicable:
•
•
•
•
detailed Scope(s) of Work,
Special Provisions,
budget(s), and
exlnbit(s).
This contract represents the complete and entire W1derstanding and agreement of the parties. No prior agreement or
W1derstanding, oral or otherwise, of the parties or their agents will be valid or enfon:eable unless embodied in this
contract. The terms "sball" and "will" are used inten:bangeablyin this contract.
The person orpersons signing and executing this contract onbebalf of PERFORMING AGENCY, or representing
themselves as signing and executing this contract on bebalfofPERFORMING AGENCY, wmrant and guarantee that
he, she, or they have been duly authorized by PERFORMING AGENCY to execute.this contract for PERFORMING
AGENCY and to validly and 1ega1lybind PERFORMING AGENCY to all ofits tenns, perfonnances, and provisions.
PERFORMING AGENCY assures compliance with this contract, including these GeneraI Provisions unless
otherwise specified in any Special Provisions of the Attachment(s) to this document. Ifthese General Provisions are
revised or replaced during the term of this contract and PERFORMING AGENCY does not consent to comply with
the modified General Provisions, PERFORMING AGENCY may exercise its tenniuation options in accordance with
the General Provisions, Termination Article.
ARTICLE
2. Term
The term (time period) of this contract sba1l be governed by the term(s) of the Attacbment(s). No commitment of
contract funds is permitted prior to the first day or subsequent to the last day of the term. The term may be renewed,
extended or shortened by amendment(s).
(LOS)
GENERAL PROVISIONS
612004
Pagel
ARTICLE 3. Funding
This contract is contingent upon the continued availability of funding. Iffunds become unavailable tIrrough lack of
appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the appropriations act,
health and human services agency consolidations, or any other disruption of current appropriations, provisions of the
Termination Article shall apply.
ARTICLE 4. Amendments
Amendments to this contract must be in writing and signed by individuals with authority to bind the parties.
Unifonn Grants Management Standards and RECEIVING AGENCY procedures authorize limited changes to a
contract attachment with prior written approval from RECEIVING AGENCY. PERFORMING AGENCY must
submit request in fonnatprescribed by RECEIVING AGENCY Program. RECEIVING AGENCY will consider the
request and document approval or disapproval in writing. PERFORMING AGENCY is responsible for ensuring that
any modification to a contract Attachment becomes a part of the contract file.
RECEIVING AGENCY may not waive any term, covenant, or condition of this contract unless by amendment
executed in compliance with this Article. PERFORMING AGENCY shall not perform and RECEIVING
AGENCY will not pay for the perfonnance of different or additional services, work, or products except pursuant
to an amendment that is executed in compliance with this Article.
PERFORMING AGENCY shall plan expenditures so that any necessary budget revisions or amendments are
executed no later than ninety (90) days prior to the expiration of the Attachment term. PERFORMING AGENCY
shall provide a written justification for any budget revisions and/or amendments. Ifa budget revision or amendment
is requested during the last quarter of the Attachment term, the written justification shall include a reason for the
delay. Revision or amendment requests may be granted at the discretion of RECEIVING AGENCY.
ARTICLE S. ApplicabJ.eLawund
Standards
This contract shall be interpreted under and in accordance with the laws of the State ofTe:xas and enabling state rules.
Wherecapplicable, fedc:ral statutes. and reguIations,including federal grant requirements applicable to funding
sources, shall apply to this contract, PERFORMING AGENCY agrees to comply with the Uniform Grant
Management Act (UGMA), Texas GovemmentCode, Chapter 783, as amended, and the Uniform Grant Management
Standa:aIs (UGMS) as amended byrevised federal circulars and incorporated in UGMSby the Governor's Budget and
Planning Office. UGMA is located on the Internet at http://www.eatritol.state.tx.uslstatutesistatutes.html; the UGMS
are located on the Internet at http;//www.govemor.state.tx.uslstategrantsi.
PERFORMING AGENCY shall not use funds .granted under this contract to pay any person for influencing or
attempting to infliJence an officer oremployee of any agency, federal or state, a Member of Congress, an officer or
employee of Congress, oran employee of a Member of Congress in connection with the awarding of any contract or
grant orthe ext.eD\Iion,continuation,.rcnewal, amendment, or modification of any contractor grant (31 use §1352, as
amended, and UGMS). Ifat any time this contract exceeds $100,000 of federal funds, PERFORMING AGENCY
shall file with RECEIVING AGENCY a declaration containing the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on behalf of PERFORMING AGENCY in connection with
that contract or grant, a certification that none of the funds provided by RECEIVING AGENCY have been or will be
used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom
PERFORMING AGENCY has an agreement. PERFORMING AGENCY shall require any person who requests or
receives a subgrant or subcontract to file the same declaration, certification and disclosure with RECEIVING
AGENCY. PERFORMING AGENCY shall file the declaration, certification, and disclosure at the time of
application for the contract or grant; upon execution of a contract or grant unless PERFORMING AGENCY
(LGS)
GENERAL PROVISIONS
6/2004
Page 2
previously filed a declaration, certification or disclosure form in connection with the award; and at the end of each
calendar quarter in which there occurs any event that materially affects the accmacy of the information contained in
any declllIation, certification or disclosure previously filed. RECEIVING AGENCY will supply the certification form
to PERFORMING AGENCY upon request.
ARTICLE 6. Debarment and Snspension
PERFORMING AGENCY certifies by execution of this contract to the following:
•
•
•
•
It is not ineligible for participation in federal or state assistance programs under Executive Order 12549,
Debarment and Suspension, Feb. 18, 1986,51 Fed. Reg. 6370;
Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligtble, or
voluntarily excluded from participation in this transaction by any federal department or agency;
It has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or
state agency; and,
It is not subject to an outstandingjudgtnent in a suit against PERFORMING AGENCY for collection of the
balance of a debt
Where PERFORMING AGENCY is unable to certify to any of the statements in this Article, PERFORMING
AGENCY shall attach an explanation. IfPERFORMING AGENCY'S status with respect to the items certified above
changes dming the contract term, PERFORMING AGENCY shall notify RECEIVING AGENCY immediately.
PERFORMING AGENCY shall not contract with a subrecipientnorprocure goods or services from a subcontractor,
at any tier, which is debarred or suspended or is otherwise excluded from orineligtble forparticipation in federal
aaaistance programs under Executive Order 12549.
ARTICLE 7. Assgranees
PERFORMING AGENCY shall establish safeguards to prohIbit employees fromusing thcirpositions for a purpose
that constitutes or presents the appearance of personal or organimtional conflict of interest or personal gain.
To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMINGAGENCY
comply with the following:
•
•
•
•
•
•
(LGS)
agrees to fully
Title VI of the Civil Rights Act of1964, 42USC §§2000detseq., as amended (p.L. 88-352), whichprohIbits
discrimination on the basis of race, color or national origin, and includes the provision for effective
connnunication and equal access to programs, services and activities to persons with Limited English
Proficiency (LEP);
Title IX of the Education Amendments ofl972, 20 use §§1681-1683, and 1685-1686, as amended, which
prohIbits discrimination on the basis of sex;
Section 504 of the RebabilitationAct of 1973, 29 use §794(a), which prohIbits discriminationon thebasis of
disabilities and the Americans with Disabilities Actofl990, 42 USC §§1210l etseq., inc1udirigthe provision
for effective connnunication and equal access to programs, services and activities to persous with sensoryand
speech impairments;
The Age Discrimination Act ofl97 5, 42 USC §§610 1-6107, as amended, which prohIbits discrimination on
the basis of age;
The Drug Abuse Office and Treatment Act of 1972, 21 USC §§1101 et seq., as amended, relating to
nondiscrimination on the basis of drug abuse;
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,
42 USC §290dd (bXI), as amended, relating to nondiscrimination on the basis of alcohol abuseoral~holism;
GENERAL PROVISIONS
612004
Page 3
•
•
•
Public Health Service Act of 1912, §§523 and 527, 42 USC §290dd-2, as amended, relating to
confidentiality of alcohol and drug abuse patient records;
Title VIII of the Civil Rights Act of 1968,42 USC § §360 I et seq., as amended, relating to nondiscrimination
in the sale, rental or financing of housing;
The requirements of any other nondiscrimination statute(s); and
Collectively, such requirements obligate RECENING AGENCY to provide services without discrimination on the
basis of race, color, national origin, religion, age, sex or disability. PERFORMING AGENCY shall carry out the
tenns of this contract in a mmmer which will assist RECENING AGENCY in complying with such obligations to the
fullest extent of PERFORMING AGENCY'S ability.
PERFORMING AGENCY agrees to comply with all or part of the following, as applicable:
A.
Texas Labor Code, Chapter 21, which requires that certain employers not discriminate on the basis of race,
color, disability, religion, sex, national origin, or age.
B.
Immigration Reform and Control Act of 1986, 8 USC §1324a, as amended, regarding employment
verification and retention of verification forms for any individua1(s) hired on or after November 6, 1986,
who will perform any labor or services under this contract.
C.
Pro-Cbildren Act of 1994, 20 USC §§6081-6084, regarding the provision of a smoke-free workplace and
promoting the non-use of all tobacco products.
D.
The Nationa1 Research Service Award Act of1971, 42 USC §§289a-1 et seq., as amended, and 6601 (P.L.
93-348 andP.L 103-43), as amended, regarding the protection of human subjects involved in research,
development;. and related activities supported by any applicable award of federal assistance, as
implementedJby 45 CFKPart 46, Protection of Human; Subjects.
E.
The Clinical Laboratory Improvement Amendments of 1988, 42 USC §263a, as amended, which establish
federa1 requhements for-the regulation and certificatimrof c1inicallaboratories.
F.
The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR
§1910.1030, which set safety standards for those worlcers ancHacilities in the private sector who may
handle bloodbome pathogens, or Title 25 Texas Administrative Code (TAC), Chapter 96, which affects
facilities in;thtpnblic sector.
G.
Laboratory Animal Welfare Act of 1966,7 USC §§2131 et seq. (P.L. 89-544), as amended, pertaining to
the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities
supported by this award of assistance.
H.
Texas GoveuDDent Code, Chapter469, as amended, pertaining to standards which eliminate architectural
barriers for persons with disabilities.
I.
Health and Safety Code, Chapter 165, relating to the rights of mothers to breast-feed and the promotion of
breast-feeding, RECEIVING AGENCY will support PERFORMING AGENCY in complying by
providing promotional material and information that encourages breast-feeding to program participants
who are pregnant women or mothers with infants. Promotional material may be requested from
RECEIVING AGENCY by calling (512) 458-7796.
(LGS)
GENERAL PROVISIONS
6/2004
Page 4
1.
Environmental standards PllISUallt to the following:
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Institution of environmental quality control measures under the National Environmental Policy Act
of 1969,42 USC §§4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), ''Protection and
Enhancement of Environmental Quality."
Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing
for Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to
Federal Contracts, Grants, or Loans."
Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961.
Evaluation offload hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg.
26951.
Assurance of project consistency with the approved State Management program developed under the
Coastal Zone Management Act of 1972,16 USC §§145l et seq., as amended.
Confonmty of federal actions to state clean air implementation plans under the Clean Air Act of
1955, as amended, 42 USC §§7401 et seq.
Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42
USC §§300f-300j, as amended.
Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§1531 et
seq., as amended.
K.
The Hatch Political Activity Act, 5 USC §§7321-26, which limits the political activity of employees whose
principal employment activities are funded in whole or in part with federal funds.
L.
The Fair Labor Standards Act, 29USC §§201 etseq., and the IntergovemmentalPersonnel
USC §§4701 et seq., as applicable, concerning minimum wage and maxirnumhours.
M.
General Appropriations Act, Regular Session, 78th Legislature, 2003, Article §9-6.13, page IX-35,
''Limitation on Grants to Units of Local Government." For the purpose of §9-6.l3, "unit of local
government" shallmean a council of governments, a regional planning connnission, or asimilar regional
planning agency.cn:atcd under Chapter 391, Loca1 Government Code; a local workforoe development
board; or an MHMR community center.
N.
Texas GovernmentCode,
O.
Texas Government Code, Chapter 552, relating to open records and public.information.
P.
Texas Government Code, Chapter 551, relating to open meetings.
Q.
Texas Occupations Code, Chapter 170 I, as amended, and all rules adopted by the Texas Commission on
Law Enforcement Officer Standards and Education pursuant to Chapter 170 I, as amended, relating to
regulated law enforcement agencies.
Act of 1970, 42
Chapter 573, relating to nepotism.
PERFORMING AGENCY shall ensure that the facilities under its ownership, lease or supervision which will be
utilized in the aceomplislnnent of the project are not listed on the Environmental Protection Agency's (EP A) list of
Violating Facilities and shall notify the Federal grantor agency of the receipt of any connnunication from the Director
of the EPA OffiCe of Federal Activities indicating that a facility to be used in the project is under consideration for
listing by the EPA (Executive Order 11738).
PERFORMING AGENCY shall comply with the flood insurance purchase requirements of 102(a) of the Flood
Disaster Protection Act of 1973, 42 USC §§4001-4003, as amended. Section 102(a) requires the purchase offlood
insurance in communities where the insurance is available as a condition for the receipt of any fedcraI financial
(LGS)
GENERAL PROVISIONS
612004
PageS
assistance for construction or acquisition proposed for use in any area that has been identified by the Secretaly of the
U. S. Department of Housing and Urban Development as an area having special flood hazards.
If PERFORMlNG AGENCY provides medical, dental, psychological or surgical treatment to a minor under this
contract, either directly or through contracts with subrecipients, the treatment of a minor shall be provided only if
consent to treatment is obtained pursuant to Chapter 32 of the Texas Family Code relating to consent to treatment of a
child by a non-parent or child. Ifrequirements of federal law relating to consent directly conflict with Chapter 32 of
the Family Code, federal law sha1l supersede state law.
If PERFORMING AGENCY provides immunizations, PERFORMING AGENCY shall comply with all
immunization reporting guidelines and requirements set forth inthe Health and Safety Code, Chapter 161, Subchapter
A. 1bis requirement shall also apply to subrecipients or subcontractors of PERFORMING AGENCY, if any.
PERFORMING AGENCY shall comply with the requirements of the Texas Workers' Compensation Act, Labor
Code, Chapters 401-406, and rules promulgated thereunder found at 28 Texas Administrative Code (T AC), Part 2,
which cover compensation for employees' injmies.
When incorporated into an Attachment, standard assurances contained in the application package, if any, become
of RECEIVING AGENCY funds. PERFORMING AGENCY and its subrecipients
shall maintain an appIOptiate contract administration system to insure that all terms, conditions, and specifications are
terms or conditions forreceipt
met.
PERFORMING AGENCY shall comply with all federal tax laws and is solely responsible for filing all required state
and federal tax forms.
PERFORMING AGENCY assures it sha1lnot transfer, assign or sell its interest in this contract, or in any equipment
purchased.with funds from tJris;contraet; without the written:consentofRECEIVING
AGENCY.
ARTICLE 8. ChllilAbuseReportingReouirl'ments
[PERFORMING AGENCY is required to comply with this article only as related to services provided under the
following Attachments: Human Immunodeficiency Virus and Sexually Transmitted Diseases (all direct client
care services for HIV and other sexually transmitted diseases..fimdedunder the Ryan White CARE Act Title II or
general revenue), Title V Family Planning (ACFH/FEE-FP, Title X Family Planning (BWH/l1TLE X), Title XX
Family Planning (BWlUITLXX); Primary Health Care (ACFHlPHC), Title V Maternal and Child Health
(ACFH/FEE), Special Supplemental Nutrition Program for Women, Inftints, and Children (BNSIWlC-CARD,
and the Services Delivery Integration project (SDUFFS).] PERFORMING AGENCY andeach of its
subrecipients shall make a good faith effort to comply with child abuse reporting guidelines and requirements in
Chapter 261 of the Texas Family Code relating to investigations of reports of child abuse and neglect
PERFORMlNG AGENCY and each of its subrecipients shall develop-, implement and enforce a written policy
that includelrat a mininnun the!lDH ChildAbuse Sc:reening,cDocumc:oting, and Reporting-Policy for
ContractorslProvidemand train. all staff on reportingrequirements.PERFORMING
AGENCY and its
subrecipicnts shall usethe Checklist forIDR Monitoring as required by RECEIVING AGENCY. (The policy
and checklist are available at each of the above-referenced programs' websites.)
ARTICLE 9. Intellectual Property
Texas Health and Safety Code §12.020, as amended, authorizes RECEIVING AGENCY to protect intellectual
property developed as a result of this contract
(LGS)
GENERAL PROVISIONS
6/2004
Page 6
"Intellectual property"
means created property that may be protected under copyright, patent, or trademark/service
mark law.
"Work made for hire" is a copyrightable work prepared for RECENING AGENCY use, or a work specially ordered
or commissioned through a contract for RECEIVING AGENCY use. RECEIVING AGENCY owns works made for
hire unless it agrees otherwise by contract.
If federal or state fimds are used to finance activities supported by this Contract that result in the production of
original material, the federal or state awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, for federal or state government purposes (1) the
copyright in any work developed IUlder a grant, sub grant, or contract under a grant or subgrant; and (2) any rights of
copyright to which a PERFORMING AGENCY or its subrecipient purchases ownership with grant support.
PERFORMING AGENCY shall place an acknowledgment of federal or state awarding agency grant support and a
disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any
publication reporting the results of or describing a grant-supported activity. An acknowledgment shall be to the effect
that '''This publication was made possible by grant number __
from (federal or state awarding agency)" or "The
project described was supported by grant number
from (federal or state awarding agency)" and "Its contents
are solely the responsibility of the authors and do not necessarily represent the official views of the (federal or state
awarding agency)."
In the event the terms of a federal or state grant award the copyright to PERFORMING AGENCY, RECEIVING
AGENCY reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise
use, and to authorize others to use, for RECEIVING AGENCY, public health, and state goven=tal
nonconnnercial
pU1'JlOSCS
(I) the copyright, trademark, service mark, and/or patent on an invention, discovery, or improvement to any
process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets;
and computel'soi'tware. in any wodc: developed IUlder a grant, subgrant,or contract IUlder a grant or subgrant; and (2)
any rights of copyright;.. service'or trademarks or patents to which a grantee, subgrantee or a PERFORMING
AGENCY purchases ownership with grant support.
Ifthe results of the contractperformance are subject to copyright law, the PERFORMING AGENCY cannotpublish
th06C results-without prior review and approval of RECEIVING AGENCY.
ARTICLE 10. Histollially Undemtlllze8Businesses
If PERFORMING AGENCY subeontracts a portion of this contract, PERFORMING AGENCY agrees to make a
good faith effilrt to subeontract withHUBsduring theperformance of its contract Attachment(s) with RECEIVING
AGENCY and willreportHUB subeontractactivity on a quarterly basis to RECEIVING AGENCY.
ARTICLE 11. Col1fllet of Interest
PERFORMING AGENCY does not have nor will it acquire any interesttbat would conflietin any manner with the
performance of its obligations IUlder this. contract. Potential conflicts of interest include!an existing business or
personal relationship between PERFORMING AGENCY, its principal, or any affiliate or subrecipient with
RECEIVING AGENCY, its board members, officers or employees, or any other entity or person involved in anyway
in any project that is the subject of this contract.
ARTICLE 12. Certification
of Software, Hardware.
Firmware
and Micro Code Products
PERFORMING AGENCY certifies that any supplied or supported software, hardware, firmware, and micro code
products used individually or together as a system to comply with RECEIVING AGENCY contract requirements shall
(£OS)
GENERAL PROVISIONS
6/2004
Page 7
operate "accurately" in the manner in which they were intended when given a ''valid date" containing century, year,
month, and day.
For purposes of this Article, "supplied or supported software, hardware, firmware, and micro code products" does not
include software supported by RECEIVING AGENCY or an agency of the federal government.
PERFORMING AGENCY is responsible for installing and implementing any versions of any software provided by
RECEIVING AGENCY or an agency of the federal government which is used in performance of this contract.
For purposes of this Article,
A)
"accurately" is defined to include the following:
I)
2)
3)
4)
5)
6)
7)
calculations shal1 be correctly performed using four-digit year processing;
fimctionality-on-line, batch including entry, inquiry, maintenance and updates shall support fourdigit year processing;
interfaces and reports shall support four-iiigit year processing;
processing with a four-digit year shall occur without human intervention;
correct results in forward and backward date calculation spanning century boundaries shall be
provided;
correct leap year calculations shall be performed; and,
processing correct results in forward and backward date calculation spanning century boundaries
shall occur;
B)
"date integrity" shal1 mean all manipulations oftime-relateddata(dates, durations, days of week, etc.) shaI1
produce desiredresults for all valid date values within the application domain;
C)
"explicit century" shall mean date elements in interfaces and data storage permit specifying century to
eliminate date ambiguity;
"ex1raOIdinary Ildions" sha1l be defined to mean any action outside the normal documented processing
steps, identified in,the product's reference documentation;
D)
E)
"general integrity" shall mean no value for cmrent date will ca1lSC',interruptions in desired operation;
F)
"implicit centmy" shall mean for any data element without century" the correct centuryis unambiguous for
all manipulations involving that docwnent;
G)
"product" or ''products'' shall be defined to include, but is not limited to, any supplied or supported
hardware, software, firmware and/or micro code;
H)
''vsliddate''
shall contain a two-digitmonth, a.two-digitday and a,four-iiigit year.
PERFORMING AGENCY and its subrecipient(s) shall obtain a.warranty from any vendorllicensor from which it
obtains product( s), that product( s) delivered and installed undcrthe contractllicense shall accuratelyprocess valid date
data when used in accordance with the product documentation provided by the contraetorllicensor and require no
ex1raOIdinary actions on the part ofPERFOR.MING AGENCY, its personnel, or its subR:Cipient(s). Productsunder
the contractllicense shall possess general integrity, date integrity, explicit and implicit century capabilities. If the
contractllicense requires that specific products shall perform as a system in accordance with the foregoing warranty,
then the warranty shall apply to those listed products as a system. ,The duration of this WII1TlID,ty
and the remedies
available to PERFORMING AGENCY or its subrecipient(s) for breach of the warranty shal1 bedefin~jn,and
subject to, the terms and conditions of the contractor's standard commercial.warrantyorwarrantiescontainc::¢in
the
(LGS)
GENERAL PROVISIONS
612004
Page 8
contractllicensc; provided, that notwithstanding any provision to the contrary in such COtmnercial wamnty or
warranties, the remedies available to PERFORMING AGENCY or its subrecipient(s) shall include repair or
replacement of any supplied product ifits noncompliance is discovered and made known to the contraetorllicensor in
writing within ninety (90) days after final acceptance. Nothing in the warranty shall be considered to limit any rights
or remedies PERFORMING AGENCY or its subrecipient(s) may otherwise have under the contraetllicense.
RECENlNG
AGENCY will not hold PERFORMING AGENCY responsible if the information coming to
PERFORMING AGENCY'S product/software from RECEIVING AGENCY is inaccurate or corrupt.
ARTICLE 13. Standards for Flnancial and Programmatic
Management
PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that
meet or exceed the requirements ofUGMS and adhere to procedures detailed in RECENING AGENCY'S Financial
Administrative Procedures Manual (documents available at http://www.tdh.state.tx.us/gran1!Iform_doc.htm). Those
requirements shall include at a minimum:
A.
Financial planning, including the development of budgets that adequately reflect all functions and
resoun:es necessary to carry out authorized activities and the adequate determination of costs;
B.
Financial management systems including accurate, correct, and complete accounting records, that identify
the source and application of funds provided under each Attachment, and that support the information
contained'in required financial reports; cost source docmnentation; effective internal and budgetary
controls; determination of reasonableness, allowableness, and allocability of costs; and timely and
appropriate audits and resolution of any findings; and,
C.
Billing and collection policies, including a fee' schedule, a system for discounting or adjusting charges
based on a person's income and family size, and a mechanism capable of billing and making reasonable
efforts>to collect ftum patients and third parties.
PERFORMlNG'AGENCYshall
bill: all'third party payers for services provided under the Attachment(s) before
submitting any request forreimbursement to RECEIVING'AGENCY. A third partypayeris anyperson orentitywho
has the legal responstbility for paying all or part of the services provided, including c.onnnercial health or liability
insurance carrierB'~.Medicaid>'1D"
othCl'federal,sta1l; local and private funding sources. Third party billing functions
shall be provided by PERFORMING AGENCY at no cost to the client. PERFORMING AGENCY or its
subrecipientsha1l!become'aMedicaiaprovider
ifperfonning approved Texas Medicaid services authorized by the
Attachment(s).
PERFORMING AGENCY and its governing body shall bear full responsibility for the integrity of the fiscal and
programmatic management. Such responsibility shall include: accountability for all funds and materials n:ceived
from RECEIVING AGENCY; compliance with RECENING AGENCY rules, policies, procedures, and applicable
federal and state laws and· regulations; and correction of fiscal and program deficiencies identified through selfevaluation and RECEIVING AGENCY'S monitoring processes. Ignorance of any contract provisions or other
requirements contained or tefeIen=l in this contract shall not constitute a defense or basis for waiving or appealing
such provisions or requirements.
ARTICLE
14. DoDding
PERFORMING AGENCY is required to carry a fidelity bond, inSU1llJlcecoverage or self-insurance equal to the
amount of funding provided under the con1ract Attachment(s) up to $100,000 that covers each employee of
PERFORMING AGENCY handling funds under this contIact, including person(s) authorizing payment'of such
funds. The fidelity bond, insurance, or self-insurance shall provide for indemnification oflosses occasionelWly:·.I)
(LGS)
GENERAL PROVISIONS
612004
Page 9
any fraudulent or dishonest act or acts conunitted by any of PERFORMING AGENCY'S employees, either
individually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to
perform faithfully hislher duties or to accOlmt properly for all monies and property received by virtue of his/her
position or employment.
ARTICLE
15. Funding Participation
Requirement
PERFORMING AGENCY agrees funds provided through this contract shall not be used for matching PUIJlOsesin
securing other funding unless directed or approved by RECEIVING AGENCY.
ARTICLE
16. Allowable Costs and Audit Requirements
Only those costs allowable tmder UGMS and any revisions thereto plus any applicable federal cost principles are
eligible for reimbursement tmder this contract. Applicable cost principles, audit requirements, and administrative
requirements are as follows:
Applicable Cost Prlnclples*
Audit Requirements*
Administrative
OMB Circular A-87, State,
Local and Tribal Governments
OMB Circular A-133 and UGMS
UGMS
Requirements*
The OMB circulars cited above shall be applied with the modifications prescribed by UGMS.
PERFORMING AGENCY or the AUTIiORIZED CONTRACTING EN1ITY shall ammge for a financial and
compliance audit (Single Audit) ifrequiredby OMB Circular A-133 and/or UGMS, Part N, "State of Texas Single
Audit Circular." The audit shall be of PERFORMING AGENCY'S.or the AUTIiORIZED CONTRACTING
ENTITY's fiscal year. The audit shall be conducted by an independentcertifiedpublic accountant and in accordance
with applicable OMB Circulars, Govermnent Auditing S1lmdards; and UGMS. PERFORMING AGENCY shall
procure audit services in compliance with state procurement procedures, as well as with the provisions ofUGMS.
If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required.
RECENING AGENCY will provide PERFORMING AGENCY with written auditrequirements ifa lirnitedscope
audit is required.
Within thirty (30) days of receipt of the audit'reports required by this section, PERFORMING AGENCY/
AUTIiORIZED CONTRACTING ENTITY shall submit a copy to Health and Human Services Commission
(HHSC), OIG Single Audit atthe following address:
Health and Human Services Commission
Attention: Single Audit OIG
Mailcode H-954
11 00 West 47th Street
Austin, Texas 78756-3199
ARTICLE
17. Terms and Conditions
ofPavment
For services satisfactorily performed pursuant to this contract, RECEIVING AGENCY will reimburse
PERFORMING AGENCY for allowable costs. Reimbursements are contingent on a signed contract and will not
exceed the total of each Attaclunent( s). PERFORMING AGENCY is entitled to payment only if the service, work,
and/or product has been authorized and satisfactorily performed. Ifthose conditions are met, RECEIVING AGENCY
will make payment in accordance with the Texas prompt payment law (Texas Govermnent Code, Chapter 2251).
(LOS)
GENERAL PROVISIONS
6/2004
Page 10
PERFORMING AGENCY is entitled to exercise remedies for nonpayment in accordance with Texas Government
Code, Chapter 2251, Subchapter D.
PERFORMING AGENCY shall have incurred a cost within the applicable Attachment term to be eligible for
reimbursement under this contract and prior to claiming reimbursement. PERFORMING AGENCY shall submit
requests for reimbursement on a State of Texas Purchase Voucher(1DH FormB-I3) or any other form designated by
RECEIVING AGENCY monthly within thirty (30) days following the end of the month covered by the bill.
PERFORMING AGENCY shall submit a reimbursement request as a final close-out bill not later than ninety (90)
days following the end of the applicable Attachment term(s) for goods received and services rendered during the
Attachment term. Reimbursement requests received in RECEIVING AGENCY'S offices more than ninety (90) days
following the end of the applicable Attachment term will not be paid. If necessary to meet this deadline,
PERFORMING AGENCY may submit reimbursement request by facsimile transmission. Consideration of requests
for an exception will be made on a case-by-case basis and only for an extenuating circumstance such as a catastrophic
event, natural disaster, or crimina1 activity that substantially interferes with normal business operations, or causes
damage or destruction of the place of business and/or records. A written statement describing the extenuating
circumstance and the last request for reimbursement must be submitted for review and approval to the RECEIVING
AGENCY Program sponsoring the Attachment.
PERFORMING AGENCY shall disburse program income, rebates, refunds, contract settlements, audit recoveries,
and interest earned on such funds before requesting cash payments including advance payments from RECEIVING
AGENCY.
Funding from this contract may not be used to supplant [i.e., use in place of funds dedicated, appropriated or
expended for activities funded through the Attachment(s)] slate or local funds, but PERFORMING AGENCY shall
use the funds from this contract to increase state or local funds currently available for a particular activity.
PERFORMING AGENCY shal1 make a good faith effort to maintain its current level of support. PERFORMING
AGENCY may berequired to submit documentation substantiating thatil reduction in local funding, if any, resulted
for reasons other.than receipt or expected receipt of funding under the Attachment( s).
RECEIVING AGENCY sha1I determine whether costs submitted by PERFORMING AGENCY are allowable and
reimbmsable. IfRECEIVING AGENCY has paid funds to PERFORMING AGENCY for una11owableor ineligible
costs, PERFORMING AGENCY shall return thefundstoRECElVING
AGENCY within thirty (30) days ofwritten
notice.
RECEIVING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset
reimbursement for any ineligible expenditures that PERFORMING AGENCY has not refunded to RECEIVING
AGENCY, or if financial status reporl(s) required under the Reports Article are not submitted by the date(s) due.
RECEIVING AGENCY may take repayment from funds available under any Attachment, active or expired, in
amounts necessary to fulfill PERFORMING AGENCY repayment obligations.
ARTICLE 18. AdyaDce Payments
PERFORMING AGENCY may request a one-time advance for each Attachment only to meet immediate need for
cash disbursement. PERFORMING AGENCY shall make the request on a State of Texas Purchase Voucher,
accompanied by written justification and supporting documentation as specified in RECEIVING AGENCY'S
Financial Administrative Procedures Manual. The advance shall be requested at the beginning of the applicable
Attachmentperiod orata latertime in the applicable Attaclunentperiod ifcircumstances so warrant. Approval of the
request for advance will be at the discretion ofRECEIV1NG AGENCY. Ifthe request is approved, the voucher will
be processed; ifdisapproved, RECEIVING AGENCY will provide written notification to PERFORMING AGENCY.
(LGS)
GENERAL PROVISIONS 6/2004
Psg. 11
RECENlNG AGENCY will determine the amount of the advance, if any, by the amount and term of the applicable
Attachment(s). For each Attachment, the amount of the advance shall not exceed the amount of the Attachment
divided by the number of months covered by the Attachment multiplied by two (2). Advance funds shall be expended
during the applicable Attachment term; any unexpended funds must be refunded to RECEIVING AGENCY.
If the Attachment is amended to increase or decrease the total amount of funding, RECEIVING AGENCY may
adjust the amount of allowable advance in accordance with the above formula. If PERFORMING AGENCY is
requesting an upward adjustment, PERFORMING AGENCY shall submit a written justification and State ofTexas
Purchase Voucher in the amount necessary to correct the ratio. If the adjustment is downward, RECEIVING
AGENCY will determine the amount of adjustment to the advance and the method of repayment
ARTICLE
19. Program
PERFORMING
schedule offces
the Texas Board
No patient may
Income
AGENCY may, but if a local health department shall, develop a fee-for-service system and a
for personal health services in accordance with the provisions of Health and Safety Code §12.031;
of Health rules covering Fees for Clinical Health Services, 25 TAC §1.91; and other applicable laws.
be denied a service due to inability to pay.
All revenues directly generated by an Attachment( s) supported activity or earned only as a result of the Attachment(s)
during the term of the Attacbment(s) are considered program income. Program income will be used by
PERFORMING AGENCY to fwther the program objectives of the state/federal statute under which the
Attacbment(s) waslwere made, and it shall be spent on the sameproject in which it was generated. PERFORMING
AGENCY shall identify and report this income utilizing the forms and time frames specified in the Reports Article of
these provisions or the Special Provisions of the Attacbment.
PERFORMING AGENCY shall utilize one of the following methods for applying program income:
A.
Additive method - add the program income to the funds already committed to the project by both
parties.
B.
Deductive method - deduct the program income from the total allowable costs to determine the net
allowable costs.
PERFORMING AGENCY shall expend program income during.the Attachment term in which it is earned, and may
not carry forward to thcrsucceeding term. Program income not expended in the term in which it iseamed shall be
refunded to RECEIVING AGENCY.
RECEIVING AGENCY may base future funding levels, in part, upon PERFORMING AGENCY'S proficiency in
identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions of the
applicable Attachment(s).
ARTICLE
10. Overtime Compensation
PERFORMING AGENCY shall not use any of the funds provided by the Attachment(s) to pay the premium portion
of overtime. PERFORMING AGENCY shall be responsible for any obligations of premium overtime pay due
employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the normal rate
of pay for homs worked in excess of normal working hours.
(LGS)
GENERAL PROVISIONS
6/2004
Page 12
ARTICLE 21. Equipment and SoppUes
In accordance with Health and Safety Code, § 12.053, title to all equipment and supplies purchased from funds from
this contract shall be in the name of PERFORMING AGENCY throughout the Attachment(s) tenn(s) or until the
Attachment is tenninated.
Equipment is defined as tangible nonexpendable personal property with an acquisition cost of more than $5,000 and a
useful life of more than one year, with the following exceptions: fax machines, stereo systems, cameras, video
recorderlpJayers, microcomputers, software, printers, microscopes, oscilloscopes, centrifuges, balances, and
incubators. If the unit cost of these exception items is more than $500, they will be considered equipment, shall be
approved for purchase by RECEIVING AGENCY, and are considered capital assets for inventory pmposes. The
acquisition cost is the net invoice unit price of an item of equipment, including the cost of any necessary
modifications, attachments, accessories or auxiliary apparatus necessary to make the property usable for the pmpose
for which it was acquired. Supplies are defined as consumable items necessary to carry out the Attaclnnent including
medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of
tangible perronal property other than those defined as equipment above.
All items of equipment purchased with Attachment funds shal1 be itemized. in the budget. Any changes to the
equipment list contained in the budget shall be approved in writing by RECEIVING AGENCY. PERFORMING
AGENCY shall submit a written description including complete product specifications and need justification prior to
purchasing any item of unapproved equipment. If approved, RECENING AGENCY will notify PERFORMING
AGENCY by means of a written amendment or Attachment Change Notice.
PERFORMING AGENCY shall maintain a nonexpendablepersonaJ property (equipment) inventory and submit an
annual cumulative report (lDH Form GC-ll) to RECEIVING AGENCY no later than October 15th of each year.
PERFORMING AGENCY shall administer a program of maintenance, repair, and protection of assets under this
contraetso as to assure their full availability and usefulness. In the event PERFORMING AGENCY is indemnified,
reimbursed,coootherwise compensated for any loss of, destruction of, or damage to the assets provided under this
contract, it shall use the proceeds to repair or replace said assets. If any item of equipment is.no longer needed to
perform servicesunder.theAttachmeut(s) or becomes inoperable, PERFORMING AGENCY shall request disposition
instmctions in:writing.from RECENING AGENCY.
Upon tl::nnination or expiIation of applicable Attachment(s) that are not renewed, title to any remaining equipment
and supplies pmchased from funds under this contract reverts to RECEIVINGAGENCY. Titlemaybetransferred to
any otherpartydesignated-byRECEIVING
AGENCY. RECEIVING AGENCY may, at its optioo and to the extent
allowed by law, transfer the reversionary interest to such property to PERFORMING AGENCY.
ARTICLE 22. Contraewwith Snbrecipients
PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwise prohibited in
specific Attachment(s). Prior to entering into an agleement equaling $25,000 or twenty-five percent (25%) of an
Attacbtnen.t, whichever is greater, PERFORMING AGENCY shall obtain written approval,ftum RECEIVING
AGENCY.
Contracts with subrecipients shall be in writing and include the following:
•
•
•
•
(LGS)
Name and address of all parties;
A detailed description of the services to be provided;
Measurable method and rate of payment and total amount of the contract;
Clearly defined and executable termination clause;
GENERAL PROVISIONS 612004
Page 13
•
•
•
•
•
Beginning and ending dates which coincide with the dates of the applicable contract Atlllclnnent(s) or cover a
term within the beginning and ending dates of the applicable contract Attachment(s);
Records retention requirements consistent with UGMS;
Access to inspect the work and the premises on which any of the work is performed, in accordance with the
Inspections Article contained in this contract;
All clauses required by state/federal statutes, executive orders, and their implementing regulations; and
Where applicable, federal statutes and regulations, including federal grant requirements applicable to ftmding
sources, Uniform Grant Management Standards issued by the Governor's Office, applicable Office of
Management and Budget Circulars, and applicable Code of Fedcral Regulations.
PERFORMING AGENCY agrees that all contracts with other subrecipients containing a categorical budget shall
include audit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, as
appropriate.
PERFORMING AGENCY is responsible to RECENING AGENCY for the performance of any subrecipient.
PERFORMING AGENCY shall monitor both financial and programmatic performance and maintain pertinent
records that shall be available for inspection by RECENING AGENCY.
PERFORMING AGENCY shall ensure that:
•
•
•
•
•.
Subrecipients are fully aware of the requirements imposed upon them by statelfederal statutes and regulations
including prompt payment of any subcontractors pursuant to Texas Government Code, Chapter 2251,
Subchapter D;
Subrecipicnts:comply with all financial management requirements as defined by RECENING AGENCY,
UGMS and the applicable OMB circulars;
Subrecipients complete required audits;
An adequate'tracking system is maintained to ensure timely receipt of any subrecipient's required audit
reports and theresofution of any findings and questioned costs cited by these
and, that
RECEIVING AGENCY is immediately notified in writing of alleged or actual misuse or misappropriation of
cont:ractfimds by subrecipients.
reports;
ARTICLE 23. Contracts for Procurement
PERFORMING AGENCY may enter into contracts for procurement of goods and services lDlless restricted or
otherwise prohtbited in-specific Attachment(s), PERFORMING AGENCY agrees that it shall be responstble to
RECENING AGENCY fer the performance-of any subcontracted activity.
Contracts for procurement of goods and services shall be in writing and contain the following provisions:
•
•
•
•
•
(LGS)
Administrative, contractual, or legal remedies in instances where contractors violate or breach contractterms,
and provide for such sanctions and penalties as may be applOpi iate (contracts other than small purchases).
Remedies for prompt payment of any subcontractor pursuant to Texas Government Code, Chapter 2251,
Subchapter D.
Termination for cause and for convenience by PERFORMING AGENCY including the manner by which it
will be effected and the basis for settlement (all contracts in excess ofSI 0,000).
Compliance with the Copeland "Anti-Kickback" Act (18 USC §874) as supplemented in Department of
Labor regulations (29 CPR Part 3) (all contracts and subgrants for construction or repair).
Compliance with
§§103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC
§§
327-330) as supplemented by Department of Labor regulations (29 CPR Part 5) (construction
GENERAL PROVISIONS 612004
Page 14
•
•
•
•
•
•
•
contracts awarded by grantees and subgnmtees in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of mechanics or laborers).
Notice of RECEIVING AGENCY requirements and regulations pertaining to reporting.
Notice of RECEIVING AGENCY requirements and regulations pertaining to trademarks, service marks,
copyrights, and patent rights with respect to any discovery or invention which arises or is developed in the
course of or under such contract.
RECENING AGENCY requirements and regulations pertaining to copyrights and rights in data.
Access by RECEIVING AGENCY, the federal grantor agency, the Comptroller General of the United States,
the State of Texas or any of their duly authorized representatives to any books, documents, papers, and
records of the contractor which are directly pertinent to that specific contract forthe purpose of making audit,
examination, excerpts, and transcriptions.
Retention of all required records for the required retention period after RECEIVING AGENCY makes final
payments and all other pending matters are closed.
Compliance with all applicable standards, orders, or requirements issued under
§306 of the Clean Air Act
(42 USC § 7401), § 508 of the Clean Water Act (33 USC § 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and subgrants of
amounts in excess of$IOO,OOO).
Mandatory standards and policies relating to efficiency which are contained in the state energy plan issued in
compliance with the Energy Policy and Conservation Act (p. L. 94-163), 42 USC §§6201, et seq., as
amended.
ARTICLE
24. Reports
Financial reports are-required as provided in UGMS, and PERFORMING AGENCY shall file them regardless of
whether expenses have been incurred.
For eachAttachment,.PERFORMING AGENCY shall submit a Financial Status Report, State of Texas Supplemental
Form 269A (1DH Form GC-4a) within thirty (30) days, following the end of each of the first three (3) quarters.
PERFORMING AGENCY shall submita final financial report on State of Texas Supplemental Form 269A (1DH
Form GC-4a), not later than ninety (90) days following the end of the Attachment term(s). PERFORMING
AGENCY shall submit a State of Texas Purchase Voucher (1DH Form B-13), or any other form designated by
RECEIVING AGENCY, with the final financial report if all costs have not been recovered, or PERFORMING
AGENCY shall refund excess monies if costs incurred were less than fimds received.
PERFORMING AGENCY shall submitprogram.,and progress report!rrequired by RECEIVING AGENCY in the
format agreed to by the parties. PERFORMING AGENCY shall provide RECEIVING AGENCY and/or HHSC
other reports including financial report!r determined necessary to accomplish the objectives of this contract and to
monitor compliance. If PERFORMING AGENCY is legally prohibited from providing such reports, it shall
immediately notify RECEIVING AGENCY and/or HHSC.
ARTICLE
25.
'""'rt'9DS '.
RECEIVING AGENCY, Heal1h and Hmnan Services Commission (HHSC), and, when federal fimds are involved,
any authorized repmlCntative(s) of the federal government have the right, at all reasonable times, to inspect or
otherwise evaluate the work (including reviews of client or patient records and discussions with staff) performed by
PERFORMING AGENCY and its subrecipient(s), if any, and the premises on which the work is being performed.
PERFORMING AGENCY and its subrecipient(s) shall participate in inspections and provide reasonable access,
facilities, and assistance to the representatives. All inspections and evaluations will be conducted in such a manner as
will not unduly interfere with the work.
(LGS)
GENERAL PROVISIONS
612004
Page 15
PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, HHSC, the federal
government, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent
books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination,
excerpts, and transcripts of transactions related to this contract. RECEIVING AGENCY will have the right to audit
billings both before and after payment. Payments will not foreclose the right of RECEIVING AGENCY to recover
excessive or illegal payments.
Any deficiencies identified by RECENING AGENCY and/or HHSC upon examination of PERFORMING
AGENCY'S records will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY'S
resolution of findings will be conveyed in writing within thirty (30) days of receipt of the report of the deficiencies.
PERFORMING AGENCY'S resolution of findings will be sent to the agency(ies) referenced in the cover letter of the
report. A RECEIVING AGENCY and/or HHSC determination of either an inadequate or inapplOptiate resolution of
the findings may result in sanctions which will remain in effect tmtil RECEIVING AGENCY and HHSC determines
the deficiencies are properly remedied.
ARTICLE 26. Records Retention
PERFORMING AGENCY and its subrecipients and subcontractors shall retain medical records in accordance with
22 Texas Administrative Code (TAC), Part 9, §165.l(b)(c) or other applicable statutes and regulations governing
medical information. PERFORMING AGENCY shall retain and preserve all other records, including financial
records, which are generated or collected by PERFORMING AGENCY or its subrecipients or subcontractors under
the provisions of this contract, for a period of four (4) years after the termination of the Attachment(s). If an
Attachment is funded through Medicaid, the federal retention period, if more than four (4) years shall apply.
PERFORMING AGENCY and its subrecipients shall retain all records for an Attachment that is the subject of
litigation or an audit until the litigation is ended or all questions pertaining to the audit are resolved.
Legal requirements for PERFORMING
AGENCY may extend beyond the retention schedules established herein.
ARTICLE 27. Confidentiality ofProtecteckHealtlllnformadon
PERFORMING AGENCY is required to comply with state and federal laws relating to the privacy and
confidentiality of patient and client records that contain protected health information, or other information made
confidential by law.
PERFORMING AGENCY is required to disclose protected health information of patients or clients provided
services funded through this contract to RECENING AGENCY upon request, or as otherwise required in other
contract provisions.
RECEIVING AGENCY is authorized to request, collect and receive protected health information under this
contract, without the consent of the individual to whom the protected health information relates, for funding,
payment and administration of the grant program.
RECEIVING AGENCY is also authorized to request, collect and receive protected health information under this
contract, without the consent of the individual to whom the protected health information relates, under exceptions
to state confidentiality laws and federal privacy laws, including the Health Insurance Portability and
Accountability Act (HIP AA) and the Privacy Standards adopted to implement HIP AA at 45 CPR Parts 160 and
164, at §164.512, and Occupations Code, Chapter 159, at §§159.003 and 159.004.
PERFORMING AGENCY must maintain patient and client records in compliance with state laws relating to the
security and retention of medical or patient records. RECEIVING AGENCY may require PERFORMING
AGENCY to transfer original or copies of patient and client records to another entity, without the consent or
(LGS)
Page 16
authorization of the patient or client, upon temrination of this contract, or if the care and trea1ment of the
individual patient or client is transferred to another entity.
If providing direct client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING
AGENCY'S policies based on the model HIV/AIDS (human immunodeficiency viruslacquired immunodeficiency
syndrome) workplace guidelines, and PERFORMING AGENCY shall educate employees and clients concerning HIV
and its related conditions, including AIDS, in accordance with the Health and Safety Code §
85.112-114.
ARTICLE
28. Sanctions
RECEIVING AGENCY may impose sanctions for any breach of this contract and will monitor PERFORMING
AGENCY for both programmatic and financial compliance. HHSC may impose or recommend imposition of
sanctions to RECENING AGENCY for any breach of this contract and will monitor PERFORMING AGENCY for
financial compliance.
RECENING AGENCY may, at its own discretion, impose one or more sanctions for each
item of noncompliance and will determine sanctions on a case-by-case basis. A state or federal statute, rule,
regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or
guideline can be read together with the provision( s) of this Article to give effect to both.
RECEIVING AGENCY may:
A.
Terminate all or a part of this contract. See the Termination Article in these provisions.
B.
Suspend all or part of this contract Suspension is, depending on the context, either (I) the temporary
withdrawal of PERFORMING AGENCY'S authority to obligate funds pending corrective action by
PERFORMING AGENCY or its subrecipient(s) or pending a decision to terminateor amend the contract,
or (2) an action taken by a suspending official in accordance with agency regulations implementing
Executive Order 12549- ~immediately exclude a person from participating in contract transactions for a
period, pending completion of an investigation and such legal or debarment proceedings as may ensue.
PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY during
a suspension are not allowable unless expressly authorized by the notice of suspension;
C.
Disallow (deny both
compliance;
D.
Temporarily withhold cash payments. Temporarilywithbolding cash payments means the temporary
withholding of advancesorreimbursernents to PERFORMING AGENCY or its subrecipient(s) forproper
charges or obligations incurred, pending resolution of iasues of noncompliance with contract conditions or
indebtedness to the United States or to the State of Texas;
E.
Permanently withhold cash payments. Permanent withholding of cash payment means that RECEIVING
AGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s) for a) unallowable,
undocumented, disputed, inaccurate,implOper, or erroneous billings; b) failure to comply with contract
provisions; orc) indebtedness to the United States or to the State of Texas;
F.
Deny contract renewal or future contract awards to a PERFORMING AGENCY;
G.
Delay contract execution with PERFORMING AGENCY while other imposed or proposed sanctions are
pending resolution;
(LGS)
llSe'
of funds and matching credit for) all or part of the activities or action not in
GENERAL
PROVISIONS6120(l4
Page 17
H.
Place PERFORMING AGENCY on probation. Probation means that PERFORMING AGENCY will be
placed on accelerated monitoring for a period not to exceed six (6) months at which time items of
noncompliance shall be resolved or substantial improvement shown by PERFORMING AGENCY;
I.
Conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more
frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would routinely
be accomplished;
J.
Require PERFORMING
K.
Disallow requests for reimbursement by disapproving
reimbursement by PERFORMING AGENCY;
L.
Establish additional prior approvals for expenditure of funds by PERFORMING AGENCY;
M.
Require additional, more detailed,
PERFORMING AGENCY;
N.
Demand repayment from PERFORMING AGENCY;
O.
Reduce the funding amount for failure to achieve or maintain the proposed level of service, to expend
funds appropriately and at a rate which will make full use of the award, or to provide services as set out in
the Attachment( s); and,
P.
Impose other remedies provided by law.
AGENCY to obtain technical or managerial assistance;
financial
costs or fees submitted
andlor programmatic
reports
for payment or
to be submitted by
RECEIVING AGENCY will formallynotify PERFORMING AGENCY in writing when a sanction is irnposed(with
the exception of accelerated monitoring, which may be unannounced), stating the nature of the sanction(s), the
reasonsfor imposing.them. the corrective actions whichsball betala:n before they will be removed and the time
allowedforcornplcting the corrective actions, and the method. ifany, of requesting reconsideration of the sanctions
imposed.. PERFORMING AGENCY is required to file, within fifteen (15) days of receipt of notice, a written
responsc.to RECEIVING AGENCY'S program/division that sentthe notice, acknowledging receipt of suchnotice
and stating how PERFORMING AGENCY will correct the noncompliance or demonstrating.in writing that the
findings on which the sanctions are based are either invalid or do not warrant the sanction( s). If RECEIVING
AGENCY determines that a sanction is warranted. and unless the sanction is subject to review (see. Sanction Review
Article), RECEIVING AGENCY'S decision is final and PERFORMING AGENCY shall take corrective action.
In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of this contract,
temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, or delay
contract execution by delivering written notice to PERFORMING AGENCY, by any verifiable method, stating the
reason for the emergency action.
An "emergency" is defined as the following:
•
PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on the public or
client health or safety. The direct adverse impact may beprogIannnatic or financial, impacting health or safety by
failing to provide services, providing inadequate services, providing unnecessary services, or uti1izing resources
so that the public or clients do not receive the benefits contemplated by the scope of work or performance
measures;
•
PERFORMING AGENCY fails to achieve a performance measure;
(LGS)
Page 18
•
•
PERFORMING AGENCY is reimburned or requesting reimbursement for expenditures which are not in
accordance with applicable federal or state laws and regulations or the provisions of this contract; or
PERFORMING AGENCY is expending funds inappiOpIiately.
Whether PERFORMING AGENCY'S conduct or inaction is an emergency will be determined by RECEIVING
AGENCY on a case-by-case basis and will be based upon the egregious nature of the noncompliance or conduct.
ARTICLE
29. Sanction Review
PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of all or
part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, reduction of
contract funding or other contract amendment resulting from noncompliance, and denial of contract renewal or future
contract awards.
PERFORMING AGENCY shall make the request forreview in writing to RECEIVING AGENCY within fifteen (15)
days from the date of notification by providing written notice of the dispute to the person who signed the notification.
PERFORMING AGENCY'S notice shall contain the following: (I) a copy of the letter from RECEIVING AGENCY
notifying PERFORMING AGENCY of the sanction; (2) a specific description of each act that is the basis for the
dispute; (3) the grounds upon which PERFORMING AGENCY bases the complaint; (4) an identification of the issue
or issues to be resolved; (5) a precise statement of the relevant facts; (6) any docmnentation in support of
PERFORMING AGENCY'S position; and (7) a statement and authorities in support of PERFORMING AGENCY'S
position.
Evidence that PERFORMING AGENCY properlynotifiedRECENING
AGENCY consists ofanyofthe following
documents: (I) signature on delivery card; (2) confinnation of a facsimile to the correct telephone number; or (3)
signed acknowledgment of delivery.
.
RECEIVlNG AGENCY'S representative will schedule a meeting or a conference call to attempt to resolve the issues
in dispute. If the dispute is resolved, anyresolutionwill be in writing and win resigned byall parties. If the dispute
is not resolved, RECEIVJNG AGENCY'S representative will notify PERFORMING AGENCY in writing.
RECEIVING AGENCY will' appoint a reviewer(s), who will review the infunnation, who may pennit or require
additional information and who'may grailt, deny; ormodify all relief requested."inthe written notice of dispute; The
reviewer(s)'s decision will he in writing and will contain a discussion of the reason for the decision andtheremedial
action, ifany. The reviewer(s) will send copies of the decision to all parties by anyverifiable means. The decision of
the reviewer(s) is final and is the final action of RECEIVING AGENCY for purposes offintherproceedings.
A state statute or rule or a federal statute, regulation or guideline will prevail over the provisions of this Article unless
the statute, rule, regulation or guideline can be read together with the provision or provisions of this Article to give
effect to both.
ARTICLE
30. Breach of Contract
Claim
Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law.
ARTICLE
31. Termination
Each Attachment shall terminate upon its expiration date unless extended by written amendment in accordance with
the Amendments Article. Prior to completion of the Attachment term, all or a part of this contract may be terminated
with or without cause as set out below.
(LGS)
Page 19
A.
Tennination is the pennanent withdrawal ofPERFORMlNG AGENCY'S authority to obligate previously
awarded funds before that authority would otherwise expire or the voluntary relinquishment by
PERFORMING AGENCY of the authority to obligate previously awarded funds. PERFORMING
AGENCY costs resulting from obligations incurred by PERFORMING AGENCY after tennination of an
award are not allowable unless expressly authorized by the notice of termination. Termination does not
include: (I) withdrawal offimds awarded on the basis of the PERFORMING AGENCY'S underestimate
of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance as of the expiration
of an Attachment; (3) refusal to extend an Attachment or award additional funds, to make a competing or
noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a contract upon
detennination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception.
B.
Termination without cause.
(I)
(2)
(3)
(4)
C.
Either party may terminate this contract with at least ninety (90) days prior written
notice to the other party.
The parties may terminate this contract by mutual agreement.
Either party may terminate this contract with at least thirty (30) days prior written notice to the other
party in the event state and/or federal funding for this contract is terminated, limited, suspended,
withdrawn, or discontinued.
RECEIVING AGENCYmayterminatethisconlractwhen,
in the sole determination of RECEIVING
AGENCY, termination is in the best interest of the State of Texas.
Tennination for cause.
(l)
(2)
Either party may terminate for material bTei\Chof this contract with at least thirty (30) days written
notice to the other party.
RECEIVING AGENCY may terminate this contract, in whole orin part, forbreach of contract or for
any other conductthat jeopardizes the contract objectives, by giving at leastthirty (30) days written
notice to PERFORMING AGENCY. Such conduct may include one or more of the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
A comt of competent jurisdiction finds that PERFORMING AGENCY has failed to adhere
to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction;
PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails to
allow its employees or those of its subrecipients to conununicate with RECEIVING
AGENCY as necessary to the performance of this contract;
PERFORMING AGENCY breaches a standard of confidentiality with respect to the
services provided under this contract;
RECEIVING AGENCY determines that PERFORMING AGENCY is without the
personnel or resollICes to perform under this contract;
RECEIVING AGENCY determines that PERFORMING AGENCY, its agent or another
representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or
employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable
treatment;
PERFORMING AGENCY'S management system does not meet the UGMS management
standards; or
PERFORMING AGENCY appears to be financially unstable. Indicators of financial
instability may include one ormore of the following:
(i)
(ii)
(LGS)
PERFORMING AGENCY fails to make payments;
PERFORMING AGENCY makes an assignment for the benefit of its creditors;
GENERAL PROVISIONS
6/2004
Page 20
(iii)
(iv)
D.
PERFORMING AGENCY admits in writing its inability to pay its debts generally
as they become due; or
Ifjudgment for the payment of money in excess of $50,000 (which is not covered
by insurance) is rendered by any court or governmental body against
PERFORMING AGENCY, and PERFORMING AGENCY does not (a) discharge
the judgment or (b) provide for its discharge in accordance with its terms, or (c)
procure a stay of execution within thirty (30) days from the date of entry thereof,
and within the thirty (30)-day period or a longer period during which execution of
the judgment shall have been stayed, appeal therefrom and cause the execution
thereof to be stayed during such appeal while providing such reserves therefore as
may be required under generally accepted accounting principles.
Emergency termination. In emergency circumstances, RECEIVING AGENCY may terminate this contract
immediately upon notice to PERFORMING AGENCY by any verifiable means. "Emergency" is defined
in the Sanctions Article.
Either party may deliver written notice of intent to terminate by any verifiable method. If either party gives notice of
its intent to terminate all or a part of this contract, RECENING AGENCY and PERFORMING AGENCY will
attempt to resolve any issues related to the anticipated termination in good faith during the notice period. Upon
termination of all or part of this contract, RECENING AGENCY and PERFORMING AGENCY will be discharged
from any further obligation created under the applicable terms of this contract except for the equitable settlement of
the respective accrued interests or obligations incurred prior to termination. Termination does not, however,
constitute a waiver of any remedies for breach of this contract. In addition, the obligations of PERFORMING
AGENCY to retain records and maintain confidentiality of information shal1 survive this contract.
ARTICLE
32. Void Contract
RECENING AGENCY may hold this contract void upon its determination that the contract award was obtained
fraudulently or was otherwise illegal or invalid from its inception.
ARTICLE
33. Severability
If any provision of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed
stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue.
ARTICLE
34. Local Health DeoartDlentPersonnel
All local health department personnel funded by Attachment(s) to this contract are employees of PERFORMING
AGENCY which shall be responsible for their direction and control and liable for any of their acts or omissions.
PERFORMING AGENCY sha1l have in place legally sufficient due process hearing procedures for all of its
employees filling state-budgeted positions.
PERFORMING AGENCY shall have full authority to employ, promote, suspend, demote, discharge, and transfer
within its organization any and all state-budgeted personnel funded by Attachment(s) to this contract provided,
however, that any demotion, suspension, or discharge of such state-budgeted employees shall be in accordance with
the due process hearing procedures as set out above. The only distinction between state-budgeted and local paid
employees is that employees on state budgeted positions receive state benefits and are subject to certain duties,
obligations, and restrictions as state employees as contained in state law. One such restriction, as contained in the
State Appropriations Act, is that no employee paid on a state-budgeted position may receive a sa1ary supplement from
any source unless specifically authorized in the Appropriations Act or other state law. This prohtbition inchtdes the
(LOS)
GENERAL PROVISIONS
6/2004
Page 21
payment to such employee of a S<H:alled "flat rate" car allowance or travel allowance. Any travel or per diem
allowance to these employees shall be on a reimbursement basis, supported by appropriate records, and shall not
exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current state travel
regulations. This restriction shall apply whether travel funds are provided in Attachment(s) under this contract or
from any other source.
PERFORMING AGENCY shall utilize RECEIVING AGENCY'S policies and procedures for hiring and promoting
individuals into state-budgeted positions funded by this contract. Qualifications of any individuals filling these
positions will be subject to approval of RECEIVING AGENCY'S Bureau of Human Resources. The purpose of the
approval is to ensure that individuals occupying these positions meet minimum educational and experience
requirements.
PERFORMING AGENCY shall maintain required records and submit documents necessary to process personnel,
payroll, leave and time records, and travel costs on state-budgeted positions. RECEIVING AGENCY will furnish
documentation regarding salary compensation or travel reimbursement for employees on state-budgeted positions.
An independent audit is not required as a condition of this contract if the contract Attachment provides assistance
through assignment of state-budgeted positions and no funds are budgeted for local costs.
PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to fulfill
the scope of work of applicable Attachment( s) in lieu of being furnished state payroll warrants after a state- budgeted
position becomes vacant. Reimbursement will not exceed the balance of funds on the state-budgeted position after all
benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY'S Director, or other person(s)
authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY will transmit
formal approval and a revised budget to PERFORMING AGENCY to complete the conversion if the request is
granted.
ARTICLE
35. Survival of Terms
Termination or expiration of this contract for any reason shall not release either party from any liabilities or
obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such termination or
expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such
termination or expiration.
ARTICLE
36. Construction
of Ambiguities
The parties expressly agree that they have each independently read and understood this contract. Any ambiguities in
this contract shall not be construed against the drafters.
ARTICLE
37. No Walver of Sovereign Immunity
THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACf
IS IN ANY WAY
INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT ORFROMUABILITY
THAT THE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW.
ARTICLE
38. Certification
The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the
performance of governmental functions and services from current revenues available to RECEIVING AGENCY. The
payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions performed
under this contract.
(LGS)
GENERAL PROVISIONS
RECORDEDON_,-\\\-(j~
6jNOfHECOMMISSI~ER ~RT
MINUTESOF:
- \\.)- , .
Page 22
FORT BEND COUNTY
f'\l::d::.l
DATE SUBMITTED:
SUBMITTED BY: Troy Scalco, Director
DEPARTMENT: Environmental Health
PHONE NO.: 281-238-3532
August 4, 2004
COURT AGENDA DATE: August 10,2004
AGEN~A
#
/g"t\
SUMMARY OF ITEM: Accept grant funding in the amount of $80,657.00 and approve Intergovernmental Agreement
between Fort Bend County and Houston.{JaJveston Area Council for local enforcement of solid waste implementation
program for the term of September 1,2004 through. July 31, 2005.
Yes (X)
No(
)
{2 Original Sets}
LIST SUPPORTING DOCUMENTS ATTACHED: H-GAC FY05 Solid Waste Implementation Program Contract Packet (Will
band deliver before Court on August 10, 2004.)
FINANCIAL SUMMARY:
Yes (.)
Fond
No ( )
COMMENTS:
ANNUALIZED DOLLARS:
BUDGETED ITEM:
OneTime
N/A( )
Recnrring
N/A
Fonding Source:
Agency
Object
(
(
(X)
)
)
Original Form Submitted with back up to County Judge's Office: (x)
( ./ when
·Note: Original contraets will be delivered before Court on August 10, 2004.
CC with back up:
( x ) Comm. Pet. 1
(x) Auditor
(281-341-3774)
(281-344-3954)
( x) Comm. Pet. 2
( x) Budget Officer
(281-341-4557)
( x) Comm. Pet. 3
( x ) County Attorney
(281-341-8642)
( x) Comm. Pet. 4
( x ) Purchasing Agent
(281-341-8697)
( x ) County Clerk
completed)
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
1.
2.
3.
Completely fill ont agenda form, incomplete forms will not be processed.
Fax or inter-oftice copies of agenda form with all back up ioformation by Wednesday at 2:00 p.1O.to
All original back-Up must be received in the Coonty Judges Office by 2:00 p.1O.on Wednesday.
Approve and authorize County Judge to sign the Contract awarded for the FY05 Solid Waste EnforcernentlEducation Grant
from the Houston.{JaJveston Area Council in the amount $80,657.00 funding for salary, vehicle and equipment for one
lnvestigator with no match required by Fort Bend County. This is a 100% reimbursement grant, which requires initial
expenditures of county funds. Acceptance of
grant should be accompanied by a designation of county funding source.
~-\\m
'- . c£:2.~
~
-to-
\\~,
May 4. 2004
C. Take aU appropriate
aetion to on request for variance
to the Fort Bend County
Regulations of Snbdivisions, nnder Section 2.2 1, aUowiag a 10.O-acre tract of land, as
recorded ill Deed Record No. 9779225, to be divided into two S.O acre tracts, in the H &
TC RY Sarvey, Abstract 228 in Fort Bend Coanty, Texas. (Jody Darrell Teykl), Padon
Rosd, Needville, Texas, P1:t. 1.
Moved by Commissioner
Patterson. Seconded
by Commissioner
Meyers, duly put and
nnanimously carried (4-0), it is ordered to approve request for variance to the Fort Bend County
Regulations of Subdivisions, under Section 2.2 1, allowing a 10.O-acre trnet of land, as recorded in
Deed Record No. 9779125, to be divided into two 5.0 acre trnets, in the H & TC RY Survey,
Abstract 228 in Fort Bend County, Texas. (Jady Danell Teykl), Padon Road, Needville, Texas,
Pet. I.
Judge Hebert
Commissioner
Commissioner
27.
Commissioner
Commissioner
yes
Stavinoha
Prestage
absent
Meyers
Patterson
yes
yes
yes
FORT BEND FLOOD CONTROL WATER SUPPLY
Directors of tile Fort Bend Flood Control Water Snpply
their reguJar meeting held April 28. 2004, aad made
Commissioaen
Court:
Appruve collStnlcOoD plans
CORPORATION:
The Board of
Corporation reviewed tbis item at
the followiDg recommendation
to
for the Big Creek Bypass Drop
Strvcture.
Moved by Commissioner Patterson. Seconded by Commissioner Prestage. duly put and carried
(3-1), it is M!emI to approve coustruction plans for the Big' Creek Bypass Drop Structure
as recommended by the Fort Bend Flood Control WatJt:r Supply Corporation.
Judge Hebert
Commissioner.Prestago
28.
Commissioner
Commissioner
yes
absent
yes
Meyers
Patterson
no
yes
'" HUMAN SERVICES - ENVIRONMENTAL: Take all appropriate
actioa on
applicatiolttD Hou~
Area CouneD lOr FY 2005 SOU.. Waste EDforcemeet aDd
Ed_tion
Gnmt fuDdlag in theamoDBt of $93,6%3.10, with no
match required by Fort
BeIId Connty.
REALm.
cam
Moved by Commissioner Meyers, Seconded by Commissioner Prestage, duly put and unanimously
carried (4-0), it is ordered to approve appIiclItion to Houston-Galvestoo Area Council for FY 2005
Solid WasteEnforcemeDt
and Education Grant fundiDg in theamountofS93,623'.10,
with DO cash
matr.h required by Fort Bend County.
Judge Hebert
Commissioner
Commissioner
Stavinoha
Prestage
Commissioner
Commissioner
yes
absent
yes
8
Meyers
Patterson
yes
yes
Houston-Galveston Area Council
DATE:
FY 2005 Solid Waste Grant Recipient
Cheryl Mergo, Solid Waste Program Manager
August 5, 2004
RE:
Contract
TO:
FROM:
CJ'r'IV
Please find enclosed copies of your FY05 solid waste contract. Please review the General
Contract Provisions, Special Contract Provisions, and the three (3) attachments.
Attachments A and B address the Scope of ServiceslDeliverables and Contract Budget.
Attachment C is a copy of your original application. Please note that the Contract Period
of Performance is September I, 2004 to July 31,2005.
Both copies of the contracts should be signed and returned to me. Once I receive the
signed copies, I will obtain the required signatures from H-GAC. I will retain one copy
for our files and I will return one copy of the executed contract to you for your files.
Please call me at (713) 993-4520 or [email protected]·have
•
Mailing Address
PO Box 22777
Houston, Texas 77227·2777
Phone 713-627-3200
any questions .
_L,
Physical Address
3555 Timmons Lane, 5UI18 120
Houston, Texas 77027~
Phone 713--627-3200
HOUSTON-GALVESTON AREA COUNCIL
FY05 SOLID WASTE IMPLEMENTATION
PROGRAM CONTRACT
Contractor
Fort Bend County
PO Box 1449
Contact:
Telephone:
Fax:
Email:
James R. Baker
1200 Blume Rd.
(281) 633-7579
(281) 633-7577
bakerj [email protected]
H-GAC
Community and Environmental Planning Department
3555 Timmons Lane, Suite 120
Post Office Box 22777
tel.
(713) 627-3200
fax.
(713) 993-4503
Staff Contacts:Cheryl Mergo
Solid Waste Program Manager
(713) 993-4520
[email protected]
TCE~BY·05~lid~W~1Inplilmentati()DLGrants!.
Project Description:
Local Enforcement
Contract Number:
05-16-Gl6
Contract Amount:
$80,657.00
Grant Period:
09/01/04 to 07/31/05
Amy Smith
Environmental Planner
(713) 993-2413
[email protected]
HOUSTON-GALVESTON AREA COUNCIL
FY 05 SOLID WASTE IMPLEMENTATION PROGRAM CONTRACT
TABLE OF CONTENTS
General Contract Provisions: Intergovernmental Agreement
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
I
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Legal Authority
Applicable Laws
Independent Contractor
Whole Agreement
Scope of Services
Performance Period
Reporting Requirements
Payments
Non Funding Clause
Insurance
Repayments
Subcontracts
Audit
Examination of Records
Retention of Records
Changes and Amendments
Termination Procedures
Severability
Copyrights
Ownership of Materials
Force Majeure
Non-Discrimination and Equal Opportunity
Conflict of Interest
Political Activity; Lobbying
Sectarian Involvement Prohibited
Criminal Provisions and Sanctions
Titles Not Restrictive
Acknow ledgment of Funding Source
Disputes
Governing Law; Venue
Order of Priority
Signatures
I Special
Contract Provisions
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Period of Performance
Contract Documents
Scope of Services
Legal Authority
H-GAC Obligations
Summary and Results Reporting Requirements
Financial Administration of Pass-Through Grants
Standards for Contractor's Performance
Standards Applicable to Pass-through Grant Projects
Supplemental Funding Standards
Title to and Management of Real Property and Equipment
Insurance
Historically Underutilized Businesses (HUBs)
Energy Efficiency Standards
Laws and Regulations
Uniform Grant and Contract Management Act
Data and Publicity
Acknowledgement of Financial Support
Design Review
Permits and Approvals
Requirement of Registration of Designers
Municipal Solid Waste Disposal and Transportation Revenue Fee
Safety and Protection
Hazardous Substances, Waste Disposal and Manifests
Intellectual Property Requirements
Accounting Systems
Survival of Obligations
Contractual Costs
Authorized Representatives
I Attachments
A.
B.
C.
Scope of Service
Contract Budget
FYOS Grant Application
ii
HOUSTON-GALVESTON
AREA COUNCIL
GENERAL PROVISIONS
INTERGOVERNMENTAL
AGREEMENT
This Intergovernmental Agreement is made and entered into this 5th
day of August, 2004, by and
between the Houston-Galveston Area Council, hereinafter referred to as H-GAC, having its principal place of
business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Fort Bend County, hereinafter
referred to as the Contractor, having its principal place of business County Courthouse, Richmond, Texas,
77469.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Agreement; and
WHEREAS,
Agreement;
the Contractor has agreed to perform such services in accordance with the specifications of the
NOW, THEREFORE,
ARTICLE
H-GAC and the Contractor do hereby agree as follows:
I LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this
Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to
enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent
amendments hereto.
ARTICLE
2 APPLICABLE
LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules,
regulations, directives, standards, ordinances and laws in effect or promulgated during the term of this
Agreement. Such standards and laws shall include, to the extent applicable, the Uniform Grant and Contract
Management Standards ("UGMS") promulgated by the State of Texas and the state and federal statutes
referenced therein.
ARTICLE
3 INDEPENDENT
CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not change
the independent status of H-GAC or the Contractor, No provision of this Agreement or act of H-GAC in
performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of
H-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the
exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee
payrolls and claims arising therefrom. The Contractor shall notify H-GAC of the threat of lawsuit or of any
actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the
contractor's ability to perform services under this Agreement.
General Provisions
Page I of 8
ARTICLE 4 WHOLE AGREEMENT
The General Provisions, Special Provisions and Attachments, as provided herein, constitute the complete
agreement between the parties hereto. and supersede any and all oral and written agreements between the
parties relating to matters herein. Except as otherwise
without written consent of the parties.
provided herein. this Agreement
cannot
be
modified
ARTICLE 5 SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in the Special Provisions of this Agreement.
ARTICLE 6 PERFORMANCE
PERIOD
This Agreement shall be performed during the period which begins September I, 2004 and ends July 31,
2OOS.
ARTICLE 7 REPORTING REOUIREMENTS
Reporting requirements are set forth in the Special Provisions of this Agreement. If the Contractor fails to
submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise
fails to satisfactorily render performances hereunder, H-GAC may withhold payments otherwise due and
owing the Contractor hereunder. If H-GAC withholds such payments, it shall notify the Contractor of its
decision and the reasons therefor. Payments withheld pursuant to this Article may be held by H-GAC until
such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor. The
Contractor's failure to timely submit any report may also be considered cause for termination of this
Agreement.
ARTICLE 8 PAYMENTS
The Contractor agrees that payments are predicated upon properly documented and verified proof of
performance delivered and costs incurred by the Contractor in accordance with the terms of this Agreement
and shall be paid in accordance with the Compensation Schedule in the Special Provisions.
ARTICLE 9 NON FUNDING CLAUSE
Each payment obligation ofH-GAC created by this Agreement is conditioned upon the availability of state or
federal funds appropriated or allocated for the payment of such obligations. H-GAC shall not be otherwise
obligated or liable for any future payments due or for any damages as a result of interruption of payment or
termination under this Article.
ARTICLEIO
INSURANCE
The Contractor shall maintain insurance coverage for work performed or services rendered under this
Agreement
as specified
General Provisions
in the Special Provisions.
Page 2 of8
ARTICLE 11 REPAYMENTS
The Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to H-GAC
any amounts determined by H-GAC. its independent auditors, or any agency of state or federal government to
have been paid in violation of the terms of this Agreement.
ARTICLE 12 SUBCONTRACTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer,
convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have
therein to any third party without prior written approval of H-GAC.
The Contractor acknowledges that H-GAC is not liable to any subcontractor(s) of the Contractor.
The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance
with all the terms and provisions of this Agreement as if the performance rendered was rendered by the
Contractor.
ARTICLE 13 AUDIT
As a recipient of state or federal assistance through this Agreement, the Contractor acknowledges that it is
subject to the Single Audit Act Amendments of 1996, P.L. 98-502, (hereinafter referred to as "Audit Act"),
OMB Circular No. A-133, and the State of Texas Single Audit Circular incorporated in UGMS.
The Contractor shall have an audit made in accordance with the Single Audit, requirements of the most
recently adopted UGMS and OMB Circular A-133 for any of its fiscal years in which Contractor expends
more than $500,000 in state or federal financial assistance.
The Contractor will provide H-GAC a copy of the single audit, including management letter and reporting
package required by federal and state rules within 30 days after receipt of the auditor's report, or nine months
after the end of the audit period.
H-GAC reserves the right to conduct or cause to be conducted an independent audit of all funds received
under this Agreement which may be performed by the local government audit staff, a certified public
accountant firm, or other auditors as designated by the H-GAC. Such audit will be conducted in accordance
with State law, regulations, and policy, and generally accepted auditing standards and established procedures
and guidelines of the reviewing or audit agency(ies).
The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any costs
disallowed or overpayment as a result of audit or inspection of records kept by the Contractor on work
performed under this Agreement.
ARTICLE 14 EXAMINATION
OF RECORDS
The Contractor shall maintain during the course of the work, complete and accurate records of all of the
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas and the United State
Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the
premises by authorized representatives of its own or any public accounting ftrm selected by it. The right of
access to records is not limited to the required retention period. but shall last as long as the records are
retained. Failure to provide access to records may be cause for termination of the Agreement. The records to
be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll
records. including social security numbers and labor classiftcations. accounting for total time distribution of
General Provisions
Page 3 or8
the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed
receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for
purchases. receiving and issuing documents. and all other unit inventory records for the Contractor's stocks or
capital items; and (3) paid invoices and cancelled checks for materials purcbased and for subcontractors' and
any other third parties' charges.
The Contractor further agrees to include in all its subcontracts permitted pursuant to Article 12 hereof, a
provision to the effect that the subcontractor agrees that H-GAC and its duly authorized representatives shall,
until the expiration of three (3) years after final payment under the subcontract or until all audit findings have
been resolved, have access to and the right to examine and copy any directly pertinent books, documents,
papers, invoices and records of such subcontractor involving transactions relating to the subcontract.
ARTICLE 15 RETENTION OF RECORDS
The Contractor shall maintain all records pertinent to this Agreement, including but not limited to those
records enumerated in Article 14, and all other financial. statistical, property, participant records, and
supporting documentation for a period of no less than three (3) calendar years from the later of the date of
acceptance of the final contract closeout or the date of the final audit required under Article 13 of this
Agreement. If any litigation. claim, negotiation, audit or other action involving the records has been started
before the expiration of the retention period, the records shall be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the regular three (3) year period, whichever is
later.
ARTICLE 16 CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in
federal law or regulations are automatically incorporated into this Agreement without written amendment
hereto, and shall become effective on the date designated by such law or regulation; provided if the Contractor
may not legally comply with such change, the contractor may terminate its participation herein as authorized
by Article 17.
H-GAC may, from time to time, require changes in the scope of the services of the Contractor to be performed
hereunder. Such changes that are mutually agreed upon by and between H-GAC and the Contractor in
writing shall be incorporated into this Agreement.
ARTICLE 17 TERMINATION
PROCEDURES
The Contractor acknowledges that this Agreement may be terminated under the following circumstances:
A.
Convenience
H-GAC may terminate this Agreement in whole or in part without cause at any time by written
notice by certified mail to the Contractor whenever for any reason H-GAC determines that such
termination is in the best interest of H-GAC. Upon receipt of notice of termination. all services
hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified
in the notice of termination. In the event of tennination in whole. the Contractor shall prepare a final
invoice within 30 days of such termination reflecting the services actually performed which have not
appeared on any prior invoice, such invoice shall be satisfactory to the Executive Director or his
designee. H-GAC agrees to pay the Contractor, in accordance with the terms of the Agreement, for
services actually performed and accruing to the benefit of H-GAC, less payment of any
compensation previously paid.
General Provisions
Page 4 of 8
The Contractor may cancel or terminate this Agreement upon thirty (30) days written notice by
certified mail to H-GAC. The Contractor may not give notice of cancellation after it has received
notice of default from H-GAC.
In the event of such termination prior to completion of the
Agreement provided for herein, H-GAC agrees to pay services herein specified on a prorated basis
for work actually performed and invoiced in accordance with the terms of this Agreement, less
payment of any compensation previously paid.
B.
Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the
Agreement in anyone of the following circumstances:
(I)
If the Contractor fails to perform the services herein specified within the time specified
herein or any extension thereof; or
(2)
If the Contractor fails to perform any of the other provisions of this Agreement for any
reason whatsoever, or so fails to make progress or otherwise violates the Agreement that
completion of the services herein specified within the agreement term is significantly
endangered, and in either of these two instances does not cure such failure within a period
of ten (10) days (or such longer period of time as may be authorized by H-GAC in
writing) after receiving written notice by certified mail of default from H-GAC.
In the event of such termination, all services of the Contractor and its employees and subcontractors
shall cease and the Contractor shall prepare a final invoice reflecting the services actually performed
pursuant to the Agreement which have not appeared on any prior invoice. Such invoice must be
satisfactory to the Executive Director of H-GAC or his designee. H-GAC agrees to pay the
Contractor, in accordance with the terms of this Agreement, for services actuaIIy performed and
accruing to the benefit of H-GAC as reflected on said invoice, less payment of any compensation
previously paid and less any costs or damages incurred by H-GAC as a result of such default,
including incremental costs that H-GAC will incur to have the Agreement completed by a person
other than the contractor.
ARTICLE 18 SEVERABILITY
AIl parties agree that should any provision of this Agreement be determined to be invalid or unenforceable,
such determination shall not affect any other term of this Agreement, which shall continue in full force and
effect.
ARTICLE 19 COPYRIGHTS
The state or federal awarding agency and H-GAC reserve a royalty-free, nonexclusive, and irrevocable license
to reproduce, publish or otherwise use, and to authorize others to use, for state or federal government or HGAC purposes:
(aJ
The copyright of all maps, data, reports, research or other work developed under this
Agreement; and
(b)
Any copyrights or rights of use to copyrighted material which the Contractor purchases
with funding under this Agreement. AIl such data and material shall be furnished to
H-GAC on request.
General Provisions
Page 5 of 8
ARTICLE
20 OWNERSffiP
OF MATERIALS
Except as may be specified in the Special Provisions. all data. reports. research, etc., developed by the
Contractor as a part of its work under this Agreement shall become the property of the H-GAC upon
completion of this Agreement, or in the event of termination or cancellation hereof, at the time of payment
under ARTICLE 8 for work performed. All such data and material shall be furnished to H-GAC on request.
ARTICLE
21 FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance
within the term specified of any obligation or duty placed on such party by reason of or through strikes.
stoppage of labor, rio~ fire, flood, acts of war, insurrection, accident, order of any court, act of God. or
specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such
event, the time for the performance of such obligation or duty shall be suspended until such disability to
perform is removed. Determination of force majeure shall rest solely with the H-GAC.
ARTICLE
22 NON-DISCRIMINATION
AND EOVAL OPPORTUNITY
The Contractor agrees to comply with all state and federal statutes relating to nondiscrimination.
These
include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (p.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of
1972, as amended (20 V.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.C. § 794), which prohibits
discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (d) the Age
Discrimination Act of 1974, as amended (42 U.S.c. §§ 6101-6107), which prohibits discrimination on the
basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (p.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (I) the Compreherisive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (p.L. 91-616), as amended, relating to the
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health
Service Act of 1912 (42 V.S.c. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; (h) Title vm of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other
nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement;
and GJ the requirements of any other nondiscrimination statute(s) which may apply to this Agreement.
ARTICLE
23 CONFLICT
OF INTEREST
No officer, member or employee of the Contractor or subcontractors, no member of the governing body of the
Contractor. and no other public officials of the Contractor who exercise any functions or responsibilities in the
review or approval of this Agreement, shall participate in any decision relating to this Agreement which
affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this
Agreemen~
ARTICLE
24 POLITICAL
ACTIVITY;
LOBBYING
No funds provided under this Agreement may be used in any way to attempt to influence in any manner a
member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with
state or local legislators. The Contractor, if a recipient of federal assistance exceeding $100.000 through an
H-GAC subcontract, will comply with section 319, Public Law 101-121 (31 U.S.c. 1352).
General Provisions
Page 6 of8
ARTICLE
2S SECTARIAN
INVOLVEMENT
PROHffiITED
The Contractor shall ensure that no funds under this Agreement are used. either directly or indirectly. in the
support of any religious or anti-religiolls activity, worship, or instruction.
ARTICLE
26 CRIMINAL
PROVISIONS
AND SANCTIONS
The Contractor agrees that it will perform the Agreement activities in conformance with safeguards against
fraud and abuse as set forth by the H-GAC. the State of Texas, and the acts and regulations of the funding
entity. The Contractor agrees to promptly notify H-GAC of suspected fraud, abuse or other criminal activity
through the filing of a written report within twenty-four (24) hours of knowledge thereof and to notify H-GAC
of any accident or incident requiring medical attention arising from its activities under this Agreement within
twenty-four (24) hours of such occurrence.
Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local
law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of
Texas, the Federal Bureau of Investigation and any other duly authorized investigative urtit in carrying out a
full investigation of all such incidents.
ARTICLE
27 TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be
considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE
28 ACKNOWLEDGEMENT
OF FUNDING SOURCE
The Contractor shall give credit to H-GAC as the funding source for this Agreement in all oral presentations,
written documents, publicity, and advertisements regarding any of the Contractor's activities which arise from
this Agreement.
ARTICLE
29 DISPUTES
Any and all disputes concerning questions of fact or of law arising under this Agreement which are not
disposed of by agreement shall be decided by the Executive Director of H-GAC or his designee, who shall
reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive
Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of
such copy, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with
any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer
evidence in support of its position. The decision of the Executive Director after any such rehearing shall be
final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the
Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the
Contractor shall proceed diligently with the performance of the Agreement and in accordance with H-GAC's
final decision.
General Provisions
Page7of8
ARTICLE 30 GOVERNING LAW; VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or
cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County,
Texas, unless the laws of the State of Texas specifically establish venue in some other county.
ARTICLE 31 ORDER OF PRIORITY
In the case of any conflict between the General Provision, the Special Provisions, and Attachments to this
Agreement, the following order of priority shalJ be utilized: Special Provision, General Provisions, and
Attachments.
H-GAC and the Contractor have executed the Agreement as of the date first written above.
~
lack Steele, Executive Director
Houston-Galveston
fORT' 8eAJp CoIJIJT11 JuDi'=1t:3
Area Council
Date
General Provisions
Page 8 of8
HOUSTON-GALVESTON
AREA COUNCIL
FY05 SOLID WASTE IMPLEMENT ATION PROGRAM
SPECIAL CONTRACT PROVISIONS
ARTICLE 1
PERIOD OF PERFORMANCE
The period of performance of this Agreement begins on September I, 2004 and ends on July 31, 2005.
ARTICLE 2
CONTRACT DOCUMENTS
I.
It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) tn be
completed or constructed in accordance with the total Agreement. Any work, materials or equipment that
may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being
required to produce the intended result will be furnished and performed whether or not specifically called
for. When words or phases which have a well-known technical industry or trade meaning are used to
describe work. materials or equipment, such words or phases shall be interpreted in accordance with that
meaning.
2.
The Contract Documents which comprise the entire Agreement between H·GAC and CONTRACTOR
concerning the work. listed in the order of preference in the event of a conflict, consist of the fcHawing: the
General Provisions, the Special Provisions, and Attachment A - C (Scope of Services, Budget, and
CONTRACTOR'S Grant Application).
3.
The following, which may be delivered or issued after the Effective Date of the Agreement and are not
attached hereto: all Written Amendments and other documents amending, modifying or supplementing the
Agreement pursuant to the General or Special Provisions. These documents will be attached to the
Agreement following execution thereof.
ARTICLE 3
SCOPE OF SERVICES
All parties agree that the CONTRACTOR, in consideration of the compensation hereinafter described, shall provide
the services with H-GAC approval and/or supervision as specifically described in Scope of Services, Attachment A,
which is attached hereto and incorporated herein for all purposes.
The CONTRACTOR agrees to implement the Project according to the agreed upon budget shown in Contract
Budget, Attachment B.
ARTICLE 4
LEGAL AUTHORITY
The CONTRACTOR warrants and assures H-GAC that it has adequate legal authority to enter into this AgreemenL
The CONTRACTOR's governing body where applicable has authorized the signatory official(s) to enter into this
Agreement and bind the CONTRACTOR to the terms of this Agreement and any subsequent amendments hereto.
The activities funded under this Agreement shall be in accordance with all provisions of this Agreement, all
applicable state and local laws, rules, regulations, and guidelines. The main governing standards included. but may
not be limited to the following:
I.
2.
§361.014 of the TEX. HEALTH & SAFETY CODE ANN. (as amended by H.B. 3072,74'" Texas
Legislature);
§330.569 of the Texas Commission on Environmental Quality (TCEQ) Municipal Solid Waste Regulations
(30 T AC Chapter 330);
Special Contract Provisions
Page I of 18
3.
4.
The Uniform Grant and Contract Management Act. TEX GOV'T CODE ANN., §§783.001 et. Seq., and the
Uniform Grant and Contract Management Standards, 1 Texas Administrative Code (TAC), §§5.141 et. Seq.
(collectively, "UGMS"); and
The Interlccal Contract between the Texas Commission on Environmental Quality (TCEQ) and H-GAC.
This Agreement is entered into by and between the CONTRACTOR and H-GAC. Neither Texas Commission on
Environmental Quality (TCEQ) nor the State of Texas is a party to this Agreement.
ARTICLES
H-GAC OBLIGATIONS
Measure of Liability
A.
In consideration of full and satisfactory performance hereunder, H-GAC will be liable to CONTRACTOR in an
amount equal to the actual costs incurred by CONTRACTOR in rendering such performance, subject to the
following
limitations:
I.
H-GAC is not liable for expenditures made in violation of "Supplemental Funding Standards", Article 9
which outlines prohibited activities as defined by the TCEQ and the Uniform Grant and Contract
Management Standards Act.
2.
H-GAC is not liable for any costs incurred by CONTRACTOR in the performance of this Agreement which
have not been billed to H-GAC within thirty (30) days following termination of this Agreement.
3.
H-GAC is not liable to CONTRACTOR for costs incurred or performance rendered by CONTRACTOR
before commencement of this Agreement or after termination of this Agreement.
4.
Except as specifically authorized by H-GAC in writing, H-GAC is liable only for expenditures made in
compliance with the cost principles and administrative requirements set forth in Federal OMB Circular A87 as incorporated into Uniform Grant and Contract Management Standards (UGMS).
5.
Notwithstanding any other provisions of this Agreement, it is understood and agreed by the parties hereto
that H-GAC's obligation under this Agreement are contingent upon actual receipt of funds from the Texas
Commission on Environmental Quality to meet H-GAC liabilities hereunder.
B.
Method and Schedule of Payment
1.
Financial reporting. Except when submitting the Final Financial Report (see Section C), CONTRACTOR
must submit to H-GAC a report detailing allowable expenditures incurred during the previous month no
later than the tenth day following the end of each month of the period of performance for this Agreement.
Allowable
expenditures
are set forth in Attachment B of this Agreement and are made on a reimbursement
basis only. This report must be submitted on H-GAC Financial Report Form together with such reporting
documentation as H-GAC may require. (A monthly financial report is due each month even if there are no
expenses to report.)
2.
Payments. Upon review and approval of each such H-GAC Financial Report Form, H-GAC will make
payment to CONTRACTOR against H-GAC liabilities to be accrued hereunder.
3.
Unless otherwise specified in writing. CONTRACTOR must expend funds available to it through this
Agreement in the following manner. By the end of the first six months of the contract year (February 28,
2005), CONTRACTOR must have expended at least 25.0% of total funds available in the Agreement. If
CONTRACTOR does not meet that expenditure level target, H-GAC may, at its discretion. de-obligate
funds. with the maximum
amount of the de-obligation
being the difference between
what the expenditures
would have been at a 55.0% expenditure rate and the actual expenditure level. By the end of the eighth
month of the contract year (August 31,2005), CONTRACTOR must have expended at least 40.0% of the
Page 2 of 18
total funds available in the Agreement. If CONTRACTOR does not meet that expenditure level target,
H-GAC may at its discretion de-obligate funds, with the maximum amount of the de-obligation being the
difference between what the expenditures would have been at a 73.0% expenditure rate and the actual
expenditure level.
4.
C.
If CONTRACTOR fails to expend funds in accordance with Section 3 above, H-GAC may, through
unilateral action, de-obligale funds from the Agreement. in amounl that would bring CONTRACTOR'S
expenditures into line with the expenditure goals in Section 3. In addition to de-obligation of funds.
H-GAC may at its discretion impose performance improvement plans upon CONTRACTOR.
CONTRACTOR
Final Financial Report
No later than thirty (30) days following the termination of this Agreement, the CONTRACTOR must submit 10
H-GAC a Financial Report Form marked "Final". The final Financial Report shall notify H-GAC that no further
reimbursement requests will be made against this Agreement post the final Financial Report.
ARTICLE 6
SUMMARY AND RESULTS REPORTING REOUIREMENTS
A.
The CONTRACTOR shall prepare and submit to H-GAC, written summary and results reports concerning
performance under this Agreement documenting accomplishments, units of work and program results
performed/accomplished under Attachment A of this agreement. Summary and results reports are due on the
following dates: December 10, 2004 (covering the months September - November); March 10, 2005
(covering the months of December - February); June 10,2005 (covering the months of March - May) and
August 10, 2005 (covering Ihe months June -July). The August report will serve as Ihe End of Grant Term final
report. The End of Grant Term final summary report shall be provided to H-GAC althe end of the Contract
period of performance. The End of Grant Term final summary report shall certify that the satisfactory
completion of all activities and deliverables required under this Agreement. In addition, the CONTRACTOR
shall submit a Follow Up Report due to H-GAC on or near September 1,2006. Payments (reimbursements)
required under this Agreement may be withheld by H-GAC unlil such time as any past due summary and/or
monitoring reports. not including Follow Up Report. are received.
B.
The CONTRACTOR's summary and results reports required under Part A of this Article contain descriptions
of activities and results for H-GAC to ensure that the provisions of this Agreement are being complied with. In
particular, any legal research and related legal activities shall be clearly detailed in the quarterly summary and
results reports in order 10 assure H-GAC that the activities are not prohibited under Article 9 of this Agreement
(relating to Supplemental Funding Standards). The CONTRACTOR shall comply with any reasonable request
by H-GAC for additional information on activities conducted in order for H-GAC to adequately monitor the
CONTRACTOR progress in completing the requirements of and adhering to the provisions of this Agreement.
C.
The CONTRACTOR agrees to document the results of the grant-funded project and to provide those results to
H-GAC for use in evaluating program effectiveness and for providing regional results information to the TCEQ.
D.
The CONTRACTOR's
Agreement.
ARTICLE 7
failure to comply with the requirements of this Article shall constitute a breach of this
FINANCIAL ADMINISTRATION
OF PASS-THROUGH
GRANTS
In administering a financial management system, the CONTRACTOR shall adhere to the specific standards and
requirements set forth in this Section and in the UGMS. except that the requirements and processes may be more
stringent than what is set forth in this Section.
Page 3 of 18
A. This Agreement accounts for expenses incurred and request reimbursement of outlays under either a cash or an
accrual basis, as defined and authorized under the UGMS. To be eligible for reimbursement under this
Agreement, a cost must have been incurred and either paid by the CONTRACTOR prior to claiming
reimbursement from H-GAC or incurred by the last day of the time period indicated on a request for
reimbursement form and liquidated no later than thirty (30) days after the end of that time period.
B.
Payments by H-GAC to CONTRACTOR shall be solely for reimbursement of actual allowable costs utilizing
the same standards and requirements for cost reimbursement payments from the TCEQ to H-GAC. H-GAC
shall reimburse the actual incurred costs of CONTRACTOR with no payments in advance.
C.
The CONTRACTOR shall utilize a standard reimbursement form supplied to the CONTRACTOR by H-GAC.
The CONTRACTOR shall submit expense documentation records as deemed necessary by H-GAC, in
accordance with H-GAC's financial monitoring plan and program, to ensure that the outlays by the
CONTRACTOR are authorized and appropriate.
D.
H-GAC shall not reimburse or otherwise make payment to the CONTRACTOR for an expenditure that is not
authorized under this Agreement. If it is determined, by either the CONTRACTOR, H-GAC, or the TCEQ that
an expenditure that was reimbursed is not an authorized expense, H-GAC shall request return and
reimbursement of those funds from the CONTRACTOR or, where appropriate, the application of those funds to
other authorized expenses, and shall not provide any additional reimbursement to the CONTRACTOR until the
funds are returned or are applied to other authorized expenses.
E.
In general, expenditure documentation to be submitted to H-GAC along with the H-GAC Financial Report Form
should be whatever is necessary to show that the work was indeed performed and that the expense was, in fact.
incurred. In addition, the documentation should also support the fact that the expenditure was reasonable and
necessary to this Agreement.
Documents that should be submitted to H-GAC, as appropriate for the expenses, include by category, the
records listed below.
1.
SalarylW ages. The CONTRACTOR shall either summarize the salary charges by listing them on the
H-GAC Financial Form or submit signed and approved time sheets for each salary charge.
2.
Travel. Travel expenses must be consistent with the CONTRACTOR's locally adopted travel polices.
The expenses must be supported and documented receipts for all expenses such as meals, public
transportation, hotel accommodations, and airline receipts. If the CONTRACTOR does not have an
approved travel policy in place, the CONTRACTOR shall use the UGMS travel policy.
3.
Equipment. Documentation should support confonnance with required procurement policies and
procedures. Expenditures should be supported by purchase orders (if issued), invoices, and copies of
checks. An H-GAC equipment inventory form must be completed for each equipment purchase and
submitted with other supporting documentation.
4.
Supplies.
checks.
5.
Contractual. Contractual costs should be supported by all the documentation described above, e.g. labor
charges by time and attendance or similar records, travel charges supported by receipts. Copies of checks
for contractual payments must be submitted. An executed contract or other agreement is also needed for
initial payment. Documentation should demonstrate that costs were reasonable and necessary.
6.
Other. Other expenses should be supported by purchase orders (if issued), invoices, and copies of
checks.
Supply expenses should be supported by purchase orders (if issued), invoices, and copies of
Page4of18
7.
Indirect. The CONTRACTOR shall comply with OMB Circular A-87 and the Uniform Grant
Management Standards (UGMS) relating to Indirect Cost Rates. In accordance with the UGMS, indirect
charges are authorized if the CONTRACTOR has a negotiated indirect cost rate agreement signed within
the past 24 months by a federal cognizant agency or state single audit coordinating agency_ Alternatively,
the CONTRACTOR may be authorized to recover up to 10% of direct salary and wage costs (excluding
overtime, shift premiums, and fringe benefits) as indirect costs, subject to adequate documentation. If the
CONTRACTOR has an approved cost allocation plan, the CONTRACTOR must submit documentation
of the approved indirect rate to H-GAC prior to the initial request for reimbursement.
F.
If requested by H-GAC, the CONTRACTOR agrees to provide to H-GAC, copies of the appropriate cancelled
checks and the additional expense records and documentation materials, as listed in Section (E) of this Article
and appropriate for the expense, for the time period requested by H-GAC, except that the CONTRACTOR will
not be asked to submit records that have already been provided to H-GAC with a Financial Report Form.
H-GAC will provide reasonable time for the CONTRACTOR to comply with a request for additional records. If
H-GAC requests to review additional records to be provided by the CONTRACTOR under H-GAC's financial
monitoring program, H-GAC will review those records and provide the CONTRACTOR a wrinen summary of
the findings of that review. H-GAC will also allow the CONTRACTOR reasonable time to respond to any
findings of noncompliance or other problems identified by the records review.
G.
The CONTRACTOR shall notify and obtain written approval by H-GAC of the specific details of an expense or
purchase set forth in this Section, if those expenses were not already authorized under this Agreement.
I.
2.
3.
4.
ARTICLE 8
I.
2.
Changes in personnel whose salaries will be funded under this Agreement.
Out-of state travel to training events and conferences.
Equipment. construction, or contractual expenses.
Other category expenses not specifically authorized in this Agreement.
STANDARDS FOR CONTRACTOR'S
PERFORMANCE
In accordance with TCEQ guidance, H-GAC is required to monitor the CONTRACTOR's performance under
this Agreement. Therefore, CONTRACTOR agrees that the following are appropriate standards for
CONTRACTOR's performance during the Agreement as set forth in this Section.
a.
Timeliness of Work. Standard: Work is provided on schedule.
b.
Quality of Work. Standard: CONTRACTOR's
technically accurate.
c.
Subcontract Activities. Standard: CONTRACTOR's subcontract and subgrant activities comply with all
H-GAC Agreement requirements regarding subcontracts especially competitive procurement methods for
goods and services. use of required subcontract provisions. and monitoring performance of subcontractors
and SUBPERFORMING PARTY's.
d.
Administrative and Financial Operations. Standards: CONTRACTOR's administrative and financial
operations comply with all obligations in law and in the contract especially record-keeping, reimbursement
requests. audits. allowable costs. and restricted expenditures.
Work conforms to the requirements of the contract and is
Performance Measures.
H-GAC will monitor CONTRACTOR's performance
compliance with the standards utilizing the following perfonnance measures:
•
Satisfactory:
CONTRACTOR
generally complied with the standard
deficiencies may have occurred which were corrected on a timely basis.
and evaluate the level of
consistently;
occasional
PageS of 18
•
3.
Unsatisfactory:
Significant deficiencies have occurred. or CONTRACTOR frequently or substantially
failed to comply with the standard.
Schedule Of Remedies Available to H-GAC. The following Schedule of Remedies applies to this contract in the
event of substandard performance or other failure to conform to the requirements of the contract or applicable
law as set forth in this Section.
a.
Reject substandard performance and request corrections without charge to H-GAC.
b.
Issue notice of substandard performance or other non-conforming
c.
Request and receive return of any over payments or inappropriate payments.
d.
Reject reimbursement request and suspend payment pending accepted revision of substandard performance
or non-conformity.
e.
Suspend all or part of the work andlor payments pending accepted revision of substandard performance or
act or omission.
non-conformity.
f.
Reject reimbursement requested and withhold all or partial payments. Funds may be retained by H-GAC
for recovery of administrative costs or returned to funding source as authorized by agreements with the
funding source and by state or federal law.
g.
Terminate the contract, demand and receive: return of all equipment purchased with contract funds. return
of all unexpended funds. and repayment of expended funds.
If H-GAC evaluation finds CONTRACTOR's performance to be substandard. H-GAC may provide its written
evaluation report to other governmental entities at any time. H-GAC may also provide its written evaluation
report to the public as authorized by law.
4.
Cumulative Remedies_ H-GAC may avail itself of any remedy or sanction provided in this Agreement or in law
to recover any losses rising from or caused by the CONTRACTOR's substandard performance or any nonconformity with the Agreement or the law. The remedies and sanctions available to H-GAC in this Agreement
shall not limit the remedies available to H-GAC under law.
The duties and obligations imposed by these General Conditions and the rights and remedies available
hereunder to the parties bereto, and. in particular but without limitation. the Schedule of Remedies. obligations
imposed upon CONTRACTOR by these General Conditions. and all other rights and remedies available to
H-GAC thereunder? are in addition to. and are not to be in any way as a limitation of, any rights and remedies
available to any or all of them which are otherwise imposed or available. by Laws or Regulations, by special
warranty or guarantee or by other provisions of the Agreement. and the provisions of this paragraph will be as
effective as if repeated specifically in the Agreement in connection with each particular duty, obligation. right
and remedy to which they apply.
ARTICLE 9
STANDARDS APPLICABLE TO PASS· THROUGH GRANT PROJECTS
The standards and requirements set for in this Article shall apply to all pass-through grant projects selected for
funding under this Agreement. The CONTRACTOR shall be responsible for ensuring that the pass-through grant
projects and activities under this Agreement comply with these standards.
A.
Eligible Pass-through Grant Recipients.
1.
Only those local and regional political subdivisions located within the State of Texas as listed below
are eligible to receive funding from H-GAC as a pass-through grant:
Page 6 of 18
•
•
•
•
B.
Cities;
Counties;
Public school districts (does not include Universities or post secondary educational institutions); and
Other general and special law districts created in accordance with state law, and with the authority and
responsibility for water quality protection or municipal solid waste management, to include river
authorities.
Pass-through Grant Project Categories.
The category specific funding limitations outlined for each category shall apply to all uses of funds under passthrough grant projects conducted for that category.
1.
Local Enforcement. This category consists of projects which contribute to the prevention of illegal
dumping of municipal solid waste, including liquid wastes. Under this category, grant recipients may
investigate illegal dumping problems; enforce laws and regulations pertaining to the illegal dumping of
municipal solid waste, including liquid waste; establish a program to monitor the collection and
transport of municipal liquid wastes, through administration of a manifesting system; and educate the
public on illegal dumping laws and regulations.
2.
Litter and Illegal Dumping Cleanup. This category includes projects to support ongoing and periodic
clean up litter and illegal dumping of municipal solid waste, excluding cleanup of scrap tire dumping
sites. Projects may support for Lake and River Cleanup events, conducted in conjunction with the
TCEQ's and Keep Texas Beautiful's Lake and River Cleanup Program. Projects included under this
category may include waste removal; disposal or recycling of removed materials; fencing and barriers;
and signage. Placement of trash collection receptacles in public areas with chronic littering problems
may also be funded. Reuse or recycling options should be c,onsidered for managing the materials
cleaned up under this program, to the extent feasible.
3.
Source Reduction and Recycling.
This category includes projects which provide a direct and
measurable effect on reducing the amount of municipal solid waste going into landfills, by diverting
various materials from the municipal solid waste stream for reuse or recycling, or by reducing waste
generation at the source. This category does not include the collection, processing andlor recycling of
scrap tires. Activities funded under this category may include: diversion from the waste stream and/or
collection, processing for transport, and transportation of materials for reuse andlor recycling;
implementation of efficiency improvements in order to increase source reduction and recycling. to
include full-cost accounting systems and cost-based rate structures, establishment of a solid waste
services enterprise fund. and mechanisms to track and assess the level of recycling activity in the
community on a regular basis; and educational and promotional activities to increase source reduction
and recycling.
4.
Local Solid Waste Management Plans. This category includes projects to develop and have adopted by
the TCEQ a local solid waste management plan, in accordance with Subchapter D, §363 of the Texas
Health & Safety Code, as implemented by TCEQ rule, 30 TAC Chapter 330, Subchapter 0., or to
amend an existing local solid waste management plan that has been adopted by H-GAC and TCEQ.
5.
Citizens' Collection Stations, "Small" Registered Transfer Stations, and Community Collection Events.
This category includes projects to construct and equip citizens' collection stations. as these facilities are
defined under the TCEQ's Municipal Solid Waste regulations (30 TAC Chapter 330, §330.2).
Municipal Solid Waste Transfer Stations that qualify for registration under §330.4(d)(I) - (3) or
§330.4(r) of the TCEQ rules may also be funded. Projects funded under this category shall include
consideration of an integrated approach to solid waste management. to include providing recycling
services at the site, if appropriate to the management system in place. Funds may also be used for
periodic community collection events, held no more frequently than four times per year. to provide for
Page? of 18
collection of residential waste materials for which there is not a readily-available collection alternative,
such as large and bulky items that are not picked up under the regular collection system.
6.
Household Hazardous Waste Management. This category includes projects which provide a means for
the collection. recycling or reuse, andlor proper disposal of household hazardous waste, including
household chemicals, used oil and oil filters, antifreeze, lead-acid batteries, and other materials. This
category does not include programs and facilities for collecting, recycling. or disposing of scrap tires,
except as may be an ancillary part of the overall program or facilities. Projects may include collection
events; consolidation and transportationcosts associated with collection activities; recycling or reuse of
material; proper disposal of materials; permanent collection facilities; and education and public
awareness programs. Funds may also be used to support Texas County Cleanup events, conducted in
conjunction with the TCEQ.
7.
Technical Studies. This category includes projects which include the collection of pertinent data,
analysis of issues and needs, evaluation of alternative solutions, public input, and recommended
actions. to assist in making solid waste management decisions at the local level. Projects under this
category may also include research and investigations to determine the location, boundaries. and
contents of closed municipal solid waste landfills and sites, and to assess possible risks to human health
or the environment associated with those landfills and sites.
8.
Educational and Training Projects. Educational components are encouraged under the other categories
in order to better ensure public participation in projects; those educational components should be funded
as part of those projects and not separately under this category. This category may be used for "standalone" educational projects dealing with a variety of solid waste management topics. This category may
include funding for information-exchange activities. subject to the other limitations on travel expenses.
9.
Other Types of Projects. Other types of projects, not specifically prohibited from funding under the
more detailed funding standards and restrictions set forth in Article 9, may be funded on a case-by-case
basis. The project or project category must be included in H-GAC's amended regional solid waste plan.
ARTICLE 10
SUPPLEMENTAL
FUNDING STANDARDS
Unless authorization is specifically provided in accordance with the special provisions of this Agreement or in
accordance with Attachment B of this Agreement, the CONTRACTOR shall ensure that funds provided under this
Agreement are not used for the following activities, programs. or projects:
•
The provision of the Uniform Grant Management Standards (UGMS) issued by the Office of the Governor
apply to the use of these funds, as well as the supplement financial administration guidance established by
TCEQ to be applied under all contracts, TCEQ Allowable Expenditures Guidelines.
•
Recipients of funds under this Agreement, including subcontractors shall comply will all applicable state
and local laws and regulations pertaining to the use of state funds, including laws concerning the
procurement of goods and services and competitive purchasing requirements.
•
Funds may not be provided through a subcontract to any public or private entity that is barred from
participating in state contract by the Texas General Services Commission, under the provisions of
§2155.077, Government Code, and I TAC §1I3.02, GSC Regulations.
•
Public and private entities subject to payment of state solid waste disposal fees and whose payments are in
arrears, as determined by TCEQ. may not receive funds under this Agreement through a subcontract.
•
In accordance with §36I.OI4(b), Texas Health and Safety Code, and 30 TAC §330.569(d) TCEQ Rules, a
project or service funded under this Agreement must promote cooperation between public and private
Page 8 of 18
entities and may not otherwise readily available or create a competitive advantage over a private industry
that provides recycling or solid waste services. Under this definition, the term private industry included
non-profit and not-for-profit non-governmental entities.
•
All equipment and facilities purchased or constructed with funds provided under this Agreement shall be
used for the purposed intended in the funding agreement.
•
A project or service funded under this Agreement must be consistent with the H-GAC approved regional
solid waste management plan. and must be intended to implement the goals, objectives, and priorities
established in the regional plan.
•
Funds may not be used to acquire land or an interest in land.
•
Funds may not be used to supplant existing funds. In particular, staff positions where the assigned functions
will remain the same and that were active at the time of the funding application or proposal. and were
funded from a source other than a previous solid waste grant. may not be funded.
•
Funds may not be used for food or entertainment expenses, including refreshments at meetings and other
functions. This provision does not apply to authorized employee per diem expenses for food cost incurred
while on travel status.
•
Funds may not be used for payment of salaries to any employee who uses alcoholic beverages on active
duty. Funds may not be used for the purchase of alcoholic beverages, including travel expenses reimbursed
with these funds.
•
Funds may not be used for employment or otherwise contracts for services of a lobbyist or for dues to an
organization which employs or otherwise contracts for the services of a lobbyist.
•
Funds may only be used for projects or programs for managing municipal solid waste.
•
Except as may be specifically authorized in this Article or elsewhere in this Agreement, funds may not be
used for projects or facilities that require a permit from the TCEQ and/or that are located within the
boundaries of a permitted facility, including landfills, wastewater treatment plants. or other facilities. This
restriction may be waived by the TCEQ. at its discretion, for recycling and other eligible activities that will
take place within the boundaries of a permitted facility. The CONTRACTOR must request a preliminary
determination from the TCEQ as to the eligibility of the project prior to the project being considered for
funding by H-GAC.
•
Projects or facilities requiring a registration from the TCEQ, and which are otherwise eligible for funding
must have received the registration before the project funding is awarded.
•
Except as may be specifically authorized in this Article or elsewhere in this Agreement, funds may not be
used for activities related to the collection or disposal of municipal solid waste. This restriction includes:
solid waste collection and transportation to a disposal facility; waste combustion (incineration or waste-toenergy); processing for reducing the volume of solid waste which is to be disposed of; landfills and landfillrelated facilities. equipment, or actiVities. including closure or post-closure care of a permitted landfill unit;
or other activities and facilities associated with the disposal of municipal solid waste.
•
Funds may not be used to assist an entity or individual to comply with an existing or pending federal, state,
or local agreement or enforcement action. This restriction includes assistance to an entity to comply with an
order to clean up and/or remediate problems at an illegal dumpsite. However, the TCEQ may waive this
restriction, at its discretion and on a limited case-by-case basis. to address immediate threats to human
health or the environment, and where it is demonstrated that the responsible party does not have the
resources to comply with the order.
Page 9 of 18
•
Funds may not be used to pay penalties imposed on an entity for violation of federal. state. or local laws and
regulations. This restriction includes expenses for conducting a supplemental environmental project (SEP)
under a federal or state order or penalty. Funds may be used in conjunction with SEP funds to support the
same project.
•
Duplication of Effort. Activities. projects, programs, studies, etc. that overlap or provide duplicate funding
for projects under other State funding programs are not authorized. If H-GAC believes that other program
grant awards are inadequate to meet the needs of the region. H-GAC may request that the FUNDING
AGENCY consider authorizing the project in accordance with the provisions of Attachment A of this
Agreement.
Local Enforcement
•
Funds may not be provided to any law enforcement agency regulated by Chapter 415 of the Texas
Government Code. unless (a) the law enforcement agency is in compliance with all rules developed by the
Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415 of the Texas
Government Code. or (b) the Commission on Law Enforcement Officer Standards and Education certifies
that the requesting agency is in the process of achieving compliance with such rules.
•
When funding is provided for salaries of local enforcement officers, the fund recipient must certify that at
least one of the officers has attended or will attend within the term of the funding the TCEQ's Criminal
Environmental Law Enforcement Training or equivalent training.
•
Local enforcement vehicles and related enforcement equipment purchased entirely with funds provided
under this Agreement may only be used for activities to enforce laws and regulations pertaining to littering
and illegal dumping. and may not be used for other code enforcement or law enforcement activities.
Vehicles and equipment that are only partially funded must be dedicated for use in local enforcement
activities for a percentage of time equal to the proportion of the purchase expense funded.
•
Entities receiving funds for a local enforcement officer. enforcement vehicles and/or related equipment for
use by an enforcement officer, must investigate major illegal dumping problems, on both public and private
property. in addition to investigating general litter problems on public property.
•
Entities receiving funds to conduct a local enforcement program must cooperate with the TCEQ's regional
investigative staff in identifying and investigating illegal dumping problems. Lack of cooperation with the
TCEQ staff may constitute a reason to withhold future funding to that entity for local enforcement activities.
•
Funds may not be used for investigation and enforcement activities related to the illegal dumping of
industrial andlor hazardous waste. Instances where industrial or hazardous waste is discovered at a site do
not preclude the investigation of that site, so long as the intent and focus of the investigation and
enforcement activities are on the illegal dumping of municipal solid waste.
Litter and Illegal Dumping Cleanup
•
Lake and River Cleanup events must be coordinated with the TCEQ's cleanup program staff andlor the
Keep Texas Beautiful organization, which is contracted by the TCEQ to administer the Lake and River
Cleanup program.
•
Projects funded to clean up the litter or illegal dumping on private property must be conducted through a
local government sponsor. Funds may not be provided directly to a private landowner or other private
responsible party for cleanup expenses. The local government sponsor must either contract for and oversee
the cleanup work, or conduct the work with its own employees and equipment.
Page 10 of 18
•
The costs for cleanup of hazardous waste that may be found at a municipal solid waste site must be funded
from other sources, unless a waiver from this restriction is granted by the TCEQ to deal with immediate
threats to human health or the environment.
•
The costs of cleanup of Class 1 nonhazardous industrial waste that may be found at a municipal solid waste
site must be funded from other sources. unless a waiver from this restriction is granted by the TCEQ to deal
with immediate threats to human health or the environment. The cleanup of Class 2 and 3 nonhazardous
industrial waste that may be found at a municipal solid waste site may be funded in conjunction with the
cleanup of the municipal solid waste found at a site.
•
All notification, assessment. and cleanup requirements pertaining to the release of wastes or other chemicals
of concern, as required under federal, state, and local laws and regulations, including 30 TAC Chapter 330,
TCEQ's MSW Rules, and 30 TAC Chapter 350, TCEQ's Risk Reduction Rules, must be complied with as
part of any activities funded under this Agreement.
•
All materials cleanup up using funds provided under this Agreement must be properly disposed of or
otherwise properly managed in accordance with all applicable laws and regulations. To the extent feasible,
it is recommended that the materials removed from a site be reused or recycled.
Source Reduction and Recycling
•
Any program or project funded under this Agreement with the intent of demonstrating the use of products
made from recycled and/or reused materials shall have as its primary purpose the education and training of
residents. governmental officials. private entities. and others to encourage a market for using these
materials.
Local Solid Waste Management Plans
•
All local solid waste management plans funded under this Agreement must be consistent with H·GAC's
regional solid waste management plan, and prepared in accordance with Subchapter 0 of the TCEQ's
Municipal Solid Waste regulations (30 TAC Chapter 330) and the Content and Format Guidelines provided
by the TCEQ.
•
At least one year should be allowed for the completion and adoption of the local plan.
Citizens' Collection Stations. "Small" Registered Transfer Stations. and Community Collection Events
•
The design and construction of citizens' collection stations, as those facilities are defined under 30 TAC
Chapter 330, TCEQ Rules may be funded. The costs associated with operating a citizens' collection station
once it is completed may not be funded.
•
The design and construction of a small municipal solid waste and liquid waste transfer stations that qualify
for registration under §330.4(d) or §330.4(r). TCEQ Rules, may be funded. Other permitted or registered
transfer stations may not be funded. A municipal solid waste facility may be eligible for a registration if it
serves a municipality with a population of less than 50,000 or a county with a population of less than
85,000, or is used in the transfer of 125 tons or less of municipal solid waste per day. A liquid waste
transfer station may quality for a registration if it will receive less than 32,000 gallons or less per day. The
costs associated with operating a transfer station once it is completed may not be funded.
•
Periodic community collection events. to provide for collection and proper disposal of non-recyclable
residential waste materials for which there is not a readily-available collection alternative, may be funded.
This type of project may not include regular solid waste collection activities, such as weekly waste
collection. Funded collection events may be held no more frequently than four times per year. and must
only be intended to provide residents an opportunity to dispose of hard-to-collect materials. such as large
and bulky items that are not picked up under the regular collection system, and might otherwise be illegally
dumped by residents.
Page 11 of18
Household Hazardous Waste Management
•
All household hazardous waste collection, recycling, andlor disposal activities must be coordinated with the
TCEQ's HHW program staff, and all applicable laws, regulations, guidelines, and reporting requirements
must be followed.
•
All Texas Country Cleanup events must be coordinated with the TCEQ's Texas Country Cleanup program
staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed.
Technical Studies
•
All technical studies funded under this Agreement must be consistent with H-GAC's regional solid waste
management plan, and prepared in accordance with Guidelines provided by the TCEQ.
Educational and Training Projects
•
Educational and training programs and projects funded under this Agreement must be primarily related to
the management of municipal solid waste, and funds applied to a broader education program may only be
used for those portions of the program pertaining to municipal solid waste.
ARTICLE II
TITLE TO AND MANAGEMENT
OF REAL PROPERTY AND EOUIPMENT
Subject to the obligations and conditions set forth in this Agreement, title to real property and equipment (together
hereafter referred to in this Article as "property") acquired under this Agreement will vest, upon acquisition or
construction, throughout the term of this Agreement, in the name of the CONTRACTOR.
I.
Subject to the provisions of this Agreement and as otherwise provided by state statutes, property acquired
or replaced under this Agreement or a pass-through grant contract shall be used for the duration of its
normally expected useful life to support the purposes of this Agreement whether or not the original projects
or programs continue to be supported by state funds.
2.
The CONTRACTOR shall not grant or allow to a third party a security interest in any original or
replacement property purchased or constructed with funds made available to the CONTRACTOR under this
Agreement.
3.
The use of property acquired under this Agreement, both during the term of this Agreement and for the
useful life of the property or until compensation is provided to H-GACfTCEQ for the applicable percentage
share of the fair market value of the property, shall be in compliance with §361.014(b) of the TEXAS
HEALTH & SAFETY CODE ANN., which directs that a project or service funded under this program must
promote cooperation between public and private entities and may not be otherwise readily available or
create a competitive advantage over a private industry that provides recycling or solid waste services.
4.
The CONTRACTOR may develop and use their own property management systems, which must conform
with all applicable federal, state, and local laws, rules and regulations. If an adequate system for accounting
for property owned by the CONTRACTOR is not in place or is not used properly, the Property Accounting
System Manual issued by the State Comptroller of Public Accounts will be used as a guide for establishing
such a system. The property management system used by the CONTRACTOR must meet the requirements
set forth in this Section.
•
Property records must be maintained that include a description of the property, a serial number or other
identification number, the source of the property, who holds title, the acquisition date, and the cost of
the property, percentage of state participation in the cost of the property, the location, use and condition
of the property, and any ultimate disposition
data including the date of disposal
and sale price of the
property.
Page 120fl8
•
A physical inventory of all equipment acquired or replaced under this Agreement shall be conducted no
less frequently than once every two years and the results of such inventories reconciled with the
appropriate property records. Property control procedures utilized by the CONTRACTOR shall
include adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss,
damage, or theft shall be investigated. The CONTRACTOR shall develop and carry out a program of
property maintenance as necessary to keep both originally acquired and any replaced property in good
condition. and to utilize proper sales procedures to ensure the highest possible return, in the event such
property is sold.
•
Certain types of equipment are classified as "controlled assets" and are subject to annual revision. In
accordance with the UGMS, the CONTRACTOR should contact the Texas Comptroller of Public
Accounts' property accounting staff or review the Comptroller's state Property Accounting User
Manual available on the Internet, for the most current listing. Firearms shall be maintained on the
CONTRACTOR's inventory system irrespective of cost, and the following equipment with costs
between $500 and $1,000 shall be maintained on the inventory system: (I) stereo systems, (2) still and
video cameras, (3) facsimile machines, (4) VCRs and VCRffV combinations and (5) cellular and
portable telephones.
5.
The CONTRACTOR, respectively, may for the purpose of replacing property acquired under this
Agreement, either trade in or sell the property and use the proceeds of such trade-in or sale to offset the cost
of acquiring needed replacement property.
6.
The CONTRACTOR agrees that if a determination is made that any property acquired with funds provided
under this Agreement with a current per-unit fair market value of $1 ,000 or more is no longer needed for the
originally authorized purpose, H-GACffCEQ has the right to require disposition of the property by the
CONTRACTOR in accordance with the provisions of this Article.
7.
When, during the useful life of property acquired with grant funds under this Agreement by the
CONTRACTOR and with a current per-unit fair market value of $1,000 or more, the property is no longer
needed for the originally authorized purpose, the CONTRACTOR agrees to request disposition instructions
from H-GACffCEQ. The CONTRACTOR shall request authorization from H-GACffCEQ to provide
disposition instructions to the pass-through grant recipient. Disposition instructions shall solicit. at a
minimum, information on the source and amount of funds used in acquiring the property, the date acquired,
the fair market value and how the value was determined (e.g., by appraisal, bids, etc.), and the proposed use
of the proceeds. The assessment of whether to authorize the proposed disposition of the property must
include a determination that the disposition plan will comply with the private industry provisions of
§361.014(b) of the TEXAS HEALTH & SAFETY CODE ANN. In cases where the CONTRACTOR fails
to take appropriate disposition actions, H-GACrrCEQ may direct the CONTRACTOR to take excess and
disposition actions. The disposition instructions may provide for one of the alternatives as set forth in this
Section.
•
Retain title, sell, or otherwise disposed of with no obligation to compensate H-GACrrCEQ.
•
Retain title after compensating H-GACffCEQ. The amount due will be computed by applying the
percentage of state-funded participation in the cost of the original purchase to the fair market value of
the property.
•
Sell the property and compensate H-GACffCEQ. The amount due will be calculated by applying
H-GACrrCEQ's percentage of participation in the cost of the original purchase to the proceeds of the
sale after deduction of any actual and reasonable selling and fixing-up expenses. If the grant is still
active. the net proceeds
CONTRACTOR
competition
from sale may be offset against the original cost of the property_ When the
is directed to sell property, sales procedures shall be followed that provide for
to the extent practicable and result in the highest possible
return.
Page 13 of18
•
9.
Transfer title to H-GACffCEQ, or to a third-party designated/approved by H-GACrrCEQ. If the
CONTRACTOR participated financially in the original purchase of the property, the CONTRACTOR
may be authorized payment from the receiving party of an amount calculated by applying the
percentage of the participation in the original purchase of the property to the current fair market value
of the property.
Items of property with a current per-unit fair market value ofless than $1,000 may be retained, sold or
otherwise disposed of by the CONTRACTOR with no further obligation to H-GACffCEQ. Methods used
to determine per-unit fair market value must be documented, kept on file and made available to
H-GACrrCEQ upon request.
10. Real property must be maintained on an Inventory and is subject to the requirements of UGMS, Part III,
Subpart C,_.31. Subject to the obligations and conditions set forth in this Agreement, title to real property
acquired under this Agreement by the CONTRACTOR will vest upon acquisition or construction in the
CONTRACTOR respectively.
ARTICLE 12
INSURANCE
H-GAC understands that CONTRACTOR is governed by the Texas Tort Claims Act, Chapter IOI.OOl ~.,
Texas
Civil Practice and Remedies Code Ann., as amended, which sets forth certain limitations and restrictions on the types
of liability and the types of insurance coverage that can be required of CONTRACTOR. H-GAC further understands
that CONTRACTOR in effect has either adequate coverage to meet claims under the Act or is self-insured for all
claims falling within the Texas Tort Claims Act. H-GAC further understands that CONTRACTOR is self-insured
for workers compensation insurance as provided by Chapter 504, Texas Labor Code Ann., as amended.
ARTICLE 13
mSTORICALL
Y UNDER UTILIZED BUSINESSES (HUBS)
The CONTRACTOR agrees that qualified Historically Underutilized Businesses (HUBs) shall have the maximum
practicable opportunity to participate in the performance of this Agreement.
ARTICLE 14
ENERGY EFFICIENCY STANDARDS
The CONTRACTOR shall follow standards and policies on energy efficiency which are contained in the Texas State
Energy Conservation Plan.
ARTICLE 15
LAWS AND REGULATIONS
The CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and
performance of the work. Except where otherwise expressly required by applicable Laws and Regulations, H-GAC
shall not be responsible for monitoring Agreement's compliance with any Laws or Regulations.
If the CONTRACTOR performs any work knowing or having reason to know that it is contrary to Laws or
Regulations, the CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or
resulting
therefrom.
ARTICLE 16
UNIFORM GRANT AND CONTRACT MANAGEMENT
ACT
The provisions of Uniform Grant and Contract Management Act, TEXAS GOVERNMENTCODE, Chapter 783 applies
to this Agreement. all amendments thereto, and all subcontracts and subagreements. Compliance with the conditions
Page 14 of 18
and requirements contained therein is necessary for the satisfactory performance of the services and work required
under this Agreement.
ARTICLE 17
DATA AND PUBLICITY
All data and other information developed under this Agreement shall be furnished to H-GAC and shall be public data
and information except to the extent that it is exempted from public access by the Texas Public Infonnation Act,
TEX. GoV'T CODEChapter 552 ("Act"). Upon termination of this Agreement, all copies of data and information
shall be furnished, at no charge to H-GAC and TCEQ, upon request, to include data bases prepared using funds
provided under this Agreement, and become the property ofH-GAC and TCEQ. Except as otherwise provided by
the Agreement or the Act, the CONTRACTOR shall not provide data generated or otherwise obtained in the
performance of its responsibilities under this Agreement to any party other than the State of Texas and its authorized
agents.
ARTICLE 18
ACKNOWLEDGMENT
OF FINANCIAL SUPPORT
The CONTRACTOR shall acknowledge the financial support of H-GAC and the TCEQ and the State of Texas
whenever work funded, in whole or part, by this Agreement is publicized or reported in news media or publications.
All reports aod other documents completed as a part of this Agreement, other than documents prepared exclusively
for intemal use within the CONTRACTOR, shaH carry the foHowing notation on the front cover or title page.
PREPARED IN COOPERATION WITH THE HOUSTON-GALVESTON
COMMISSION ON ENVIRONMENTAL QUAUTY.
AREA COUNCIL AND TEXAS
The preparation o/this report was financed through grants/rom the State o/Texas through the Texas Commission
on Environmental Quality and the Houston-Galveston Area Council.
ARTICLE 19
DESIGN REVIEW
The CONTRACTOR shaH comply with and incorporate into the applicable design and related data all H-GAC
review comments and subsequent design instructions. Compliance will be assumed, unless H-GAC is advised in
writing over the signature of the CONTRACTOR to the contrary, giving detailed and complete justification for such
proposed exception.
.
ARTICLE 20
PERMITS AND APPROVALS
The CONTRACTOR shall obtain applicable drawing and specification approvals and permits from government
authorities and governing bodies as may be required for the design of the Project. AH changes that may be required,
to the drawings, specifications, or both of these that are necessary to obtain these approvals, are within the scope of
services of the Agreement.
Unless otherwise provided in the Agreement, the CONTRACTOR shaH obtain and pay for aH construction permits
and licenses. The CONTRACTOR shaH pay all charges of utility owners for connections to the work, and the
CONTRACTOR shall pay all charges of such utility owners for capital costs related thereto such as plant investment
fees.
Page 15 of 18
ARTICLE 21
REOUIREMENT
OF REGISTRATION OF DESIGNERS
The design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work shall be
accomplished or reviewed and approved by architects or engineers registered to practice in the particular profession
field involved in the State of Texas.
ARTICLE 22
MUNICIPAL SOLID WASTE DISPOSAL AND TRANSPORTATION
REVENUE FEE
It is the understanding of the parties that the source of the funds provided by H-GAC and TCEQ is the Municipal
Solid Waste Disposal and Transportation Revenue Fee (MSWDTRF). Due to demands upon that source for funds
necessary to protect the health and safety of the public, it is possible that the funds contained in the MSWDTRF will
be depleted prior to completion of this Agreement. The parties agree that all funding arranged under this Agreement
is subject to sufficient funds in the MSWDTRF.
ARTICLE 23
SAFETY AND PROTECTION
Where applicable, the CONTRACTOR shall be responsible for requiring subcontractors and subgrantees to maintain
and supervise all necessary safety precautions and programs in connection with the work. The CONTRACTOR shall
take all necessary safety precautions.
ARTICLE 24
HAZARDOUS SUBSTANCES, WASTE DISPOSAL AND MANIFESTS
The CONTRACTOR, subcontractors and subgrantees must comply with all applicable Laws and Regulations,
including but not limited. to those relating to hazardous substances. waste disposal and manifests.
ARTICLE 25
INTELLECTUAL
PROPERTY REOUIREMENTS
Intellectual Property requirements as set forth in this Section.
1.
Royalties and Patent Fees. CONTRACTOR shall pay all license fees and royalties and assume all costs incident
to the use or possession in the performance of the work or the incorporation in the work of any Intellectual
Property.
2.
Disclosure of Intellectual Property Produced during the work. CONTRACTOR shall promptly notify H-GAC of
all Intellectual Property which CONTRACTOR or CONTRACTOR's employees, subcontractors, or
subcontractor's employees may produce, either solely or jointly with others, during the course of the work. In
addition, CONTRACTOR shall promptly notify H-GAC of all Intellectual Property to which CONTRACTOR
may acquire rights in connection with the performance of the work. Any notification under this paragraph shall
contain sufficient technical detail to convey a clear understanding of the Intellectual Property, and shall identify
any publication, sale, public use, or impending publication. Promptly upon request, CONTRACTOR shall
supply such additional information as H-GAC may request.
3.
Grant of License. With respect to such Intellectual Property as is (i) incorporated in the work (other than
Intellectual Property for which H-GACffCEQ already possesses equal or greater Intellectual Property Rights by
virtue of this Agreement or otherwise), (ii) produced by CONTRACTOR or CONTRACTOR's employees,
subcontractors, or subcontractor's employees during the course of performing the work, or (iii) specifically
identified in the Supplemental Conditions as Intellectual Property to which Intellectual Property Rights are
granted pursuant to this paragraph, CONTRACTOR hereby grants to H-GAC and TCEQ (i) a nonexclusive,
perpetual, irrevocable. enterprise-wide license to reproduce. publish, or otherwise use such Intellectual Property
and associated use documentation, and (ii) a nonexclusive, perpetual, irrevocable. enterprise-wide license to
Page 16 of 18
authorize others to reproduce, publish, or otherwise use such Intellectual Property for H-GAC and TCEQ's
purposes.
4.
Modification; Derivative Works. H-GAC and/or TCEQ shall have the right, in its own discretion, to
independently modify any Intellectual Property to which license is granted herein H-GAC and/or TCEQ's own
purposes and use, through the services of its own employees or independent contractors. H-GAC and/or TCEQ
shall own all Intellectual Property Rights to such modifications. CONTRACTOR shall not incorporate any such
modifications into its Intellectual Property for distribution to third parties unless it first obtains a license from
H-GAC and/or TCEQ.
5.
CONTRACTOR shall comply with all Laws and Regulations relating to Intellectual Property. CONTRACTOR
represents and warrants to H-GAC that CONTRACTOR will not infringe any Intellectual Property Right of any
third party. CONTRACTOR further represents and warrants to H-GAC that in the course of performing the
work it will not use or possess any Intellectual Property owned by a third party without paying any required
royalty or patent fees. CONTRACTOR warrants that it has full title in and ownership of the Intellectual
Property and any enhancements, updates or other modifications, or that it has full power and authority to grant
all licenses granted herein, and that such license use by H-GAC will in no way constitute an infringement or
other violation of any Intellectual Property right of any third party. The CONTRACTOR warrants that it shall
have, throughout any applicable license term hereunder, free and clear title to, or the right to possess, use sell,
transfer, assign, license, or sublicense, products that are licensed or provided hereunder to H-GAC by
CONTRACTOR. Except as permitted in the Agreement, CONTRACTOR shall not create or permit the creation
of any lien, encumbrance. or security interest in the work or any part thereof, or any product licensed or
provided hereunder to H-GAC for which title has not yet passed to H-GAC, without the prior written consent of
H-GAC. CONTRACTOR represents and warrants to H-GAC that neither it nor any other company or
individual performing the work is under any obligation to assign or give to any third party any Intellectual
Property rights granted or assigned to H-GAC, or reserved by H-GAC, pursuant to the Agreement.
6.
CONTRACTOR expressly acknowledges that state funds may not be expended in connection with the purchase
of an automated information system unless that system meets certain statutory requirements under section
2157.005 of the Goverrunent Code, relating to accessibility by persons with visual impairments. Accordingly,
the CONTRACTOR represents and warrants to H-GAC that the technology provided to H-GAC for purchase is
capable, either by virtue of features included within the technology or because it is readily adaptable by use with
other technology, of (1) providing equivalent access for effective use by both visual and nonvisual means; (2)
presenting information. including prompts used for interactive conununications. in formats intended for
nonvisual use; and (3) being integrated into networks for obtaining. retrieving. and disseminating infonnation
used by individuals who are not blind or visually impaired. For purposes of this paragraph, the phrase
"equivalent access" means a substantially similar ability to communicate with or make use of the technology,
either directly by features incorporated within the technology or by other reasonable means such as assistive
devices or services which would constitute reasonable accommodations under the Americans with Disabilities
Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include,
but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical
displays, and customizable display appearance.
8.
The CONTRACTOR shall include provisions adequate to effectuate the purposes of this paragraph in all
subcontracts and sub grants under this Agreement in the course of which Intellectual Property may be produced
or acquired.
4
ARTICLE 26
ACCOUNTING SYSTEMS
The CONTRACTOR shall have an accounting system which accounts for costs in accordance with generally
accepted accounting standards or principles and complies with applicable State law, regulations. and policies relating
to accounting standards or principles. The CONTRACTOR must account for costs in a manner consistent with such
standards or principles.
Special Contracl Provisions
Page 170fl8
ARTICLE 27
SURVIVAL OF OBLIGATIONS
All representations. indemnifications, warranties and guarantees made in. required by or given in accordance with the
Agreement, as well as all continuing obligations indicated in the Agreement, will survive final payment, completion
and acceptance of the work and termination or completion of the Agreement.
ARTICLE 28
CONTRACTUAL
COSTS
CONTRACTOR's contractual costs must comply with allowable cost requirements. CONTRACTORS which are
governmental entities must engage in contractor selection on a competitive basis in accordance with their established
policies. If CONTRACTOR has no competitive procurement policy or is a private entity, CONTRACTOR must
generally select contractors by evaluation and comparison of price. quality of goods or services and past
performance. All subgrants awarded by the CONTRACTOR under this Agreement shall be in accordance with
Subpart C, Sec._.37, Subsection (b) of the State Uniform Administrative Requirements for Grants and Cooperative
Agreements as set forth in Part III of the Uniform Grant Management Standards adopted by the Governor's Office
of Budget and Planning.
ARTICLE 29
AUTHORIZED REPRESENTATIVES
A.
H-GAC hereby designates the person in Exhibit I, Project Representative, as the individual authorized to give
direction to the CONTRACTOR for the purposes of this Agreement. The H-GAC Project Representative shall
not be deemed to have authority to bind H-GAC in Agreement unless the EXECUTIVE DIRECTOR of
H-GAC has delegated such authority.
B.
Immediately upon receiving the Purchase Order or Notice of Award, the CONTRACTOR shall identify, as its
Project Representative. the person authorized to receive direction from H-GAC, to manage the work being
performed, and to act on behalf on the CONTRACTOR. The CONTRACTOR Project Representative shall
be deemed to have authority to bind the CONTRACTOR in Agreement unless the CONTRACTOR, in
writing, specifically limits or denies such authority to the CONTRACTOR Project Representative.
C.
Either party may change its Project Representative. In addition, the Project Representative of either party
may further delegate his or her authority as necessary, including any delegation of authority to a new Project
Representative. The party making the change in Project Representative shall provide written notice of the
,change to the other party.
D.
The CONTRACTOR shall ensure that its Project Representative, or his or her delegate, is available at all
times for consultation with H-GAC.
Exhibit I
H-GAC hereby designates the individual narned below as the person authorized to receive direction from the
TCEQ, to manage the work being performed, and to act on behalf of H-GAC as a Project Representative:
Cheryl Mergo, Solid Waste Program Manager
Community and Environmental Planning
Houston-Gal
vestan Area Council
P.O. Box 22777
TEL (713) 993-4520;
Email address:[email protected]
FAX (713) 993-4503
Page 18 of 18
ATTACHMENT A
Fort Bend County
Project Description: The County will use funds to expand the existing local enforcement
program by funding salary for a new peace officer and purchasing new equipment.
Task I: Attend Mandatory Grants Administration Workshop
Activity and/or Deliverable - A Mandatory Grants Administration Workshop will be hosted by
H-GAC on September 9,2004 for all FY05 Solid Waste Implementation Grant program and
financial staff. Both program and financial representatives are required to attend.
Schedule of Activity and/or Deliverable (in weeks or months) - I week.
Task II: Hire Investigators
Activity and/or Deliverable - Post position, accept applications, interview candidates, and
select successful candidate. Job description will be forwarded to H-GAC for review.
Schedule of Activity and/or Deliverable (in weeks or months) - 2-3 months.
Task III: Select and purchase appropriate equipment
Activity and/or Deliverable - Equipment will be reviewed that meet the specifications and
needs of the Program. Fort Bend County staff will review equipment that meets the requirements
and budget limitations. Fort Bend County Staff will purchase the equipment following
established bid procedures. Truck purchases shall be made through the H-GAC Cooperative
Purchasing Program.
Schedule of Activity and/or Deliverable (in weeks or months) - 3-4 months.
Task IV: Place the equipment into use
Activity and/or Deliverable - Appropriate training will be obtained and the equipment will be
put into use. Equipment will be used to enhance and expand the Fort Bend County
Environmental Enforcement program.
Schedule of Activity and/or Deliverable (in weeks or months) - On-going upon delivery.
Task V: Equipment Inventory
Activity and/or Deliverable - Upon purchase of equipment, an equipment inventory form will
be submitted to H-GAC with corresponding financial report. Equipment will also be added to
grantee entity's real property inventory in accordance with all federal, state and local laws, rules
and regulations.
Schedule of Activity and/or Deliverable (in weeks or months) - As needed.
Task VI: Enter illegal dumping data into H-GAC Environmental Enforcement Database
and Application (EEDA)
Activity and/or Deliverable - The environmental officer will enter illegal dumping data into the
EEDA.
Schedule of Activity and/or Deliverable (in weeks or months) - On-going
Task VII: Summary and Results Reporting
Activity and/or Deliverable - Summary and Results Reports will be submitted to H-GAC.
H-GAC will provide the appropriate reporting forms. Forms must be submitted even if there is
no activity to report. One year follow-up report will be submitted.
• Due dates for written Summary and Results Reports
December 10,2004 (reports for September. November)
March 10,2005 (December. February)
June 10,2005 (March - May)
August 10,2005 (June· July)
Schedule of Activity and/or Deliverable (in weeks or months) - As scheduled above.
Task VIII: Financial Reporting
Activity and/or Deliverable - Financial reporting with appropriate documentation will be
submitted monthly to H-GAC for reimbursement. H-GAC will provide the appropriate financial
forms. Forms must be submitted even if no reimbursement is requested.
Schedule of Activity and/or Deliverable (in weeks or months) - Monthly. Final
reimbursement request is due 30 days after grant termination.
ATTACHMENTB
CONTRACT BUDGET
Fort Bend Local Enforcement
GRANT BUDGET SUMMARY
,.'i\l:'~ . '>.
' ..,.'+ .. i..
'i'
..
......
m
~
-_.- -
.:...'-
-~~
--_.
....
._-_.~-"-'-~~,
.,,~
Truck mounted radio
Portable handheld radio
Enforcement
Solid Waste Enforceme
atar
vehicle
.
_.
"'.
'.
..
,
'>/,
""''c
:.',Granil
38%1
0%1
$3,030
$0,00
$0,00
,$0,00
$0,00
FT/Perm
100%
0%
0%
0%
0%
$33,335,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
~.,.,.,..,...,-
.~~""""
~-.,.-~
-",_.
.
,·,·'."'.v"
$33,335,00
$12,701.00
$0,00
$0,00
$32,976,00
$0,00
$0,00
$1,645,00
$0,00
$80,657,00
I. Personnel (Salarv)
2, Fringe Benefits
3, Travel
4, Supplies (unit cost of less than $1,000)
5, Eouipment (unit cost of $1000 or more)
6, Construction
7, Contractual (other than for construction)
8, Other
9, Indirect charges
TOTAL
110, Fringe Benefit Rate:!
II L Indirect Cost Rate: I
Peace OfficerJInvesti
,...
" ..Budge~~ategories<'~".,
.'.j'.
,:\;f~,,''.:
,
-7~
-~
Motorola XTL-5000
Motorola XTS·5000
Ford 3/4 ton 4x4 pickup
~;":7--
,,~,
$3,670.70
$3,796.75
$25,508.25
$0.00
$0,00
.-~
~ .
_. .Jr..:::,
.~
1
1
I
o
o
_,-v
._~
"iWL~l
~ZiJ
. '11I]'!
$0,00
$0.00
$0.00
$0.00
$0,00
$3,670,70
$3,796,75
$25,508,25
$0,00
$0.00
r.
""c<.:
..
'
.
Tvue ofcConstmctioBl!'.
'··SlIb-C'ontriiCledl(¥1N)'
lConstmctiomli'iJDifed'
$0.00
$0.00
$0.00
$0.00
$0.00
.~~
.
. *~mactJlWlclQ!t~
$0.00
$0.00
$0.00
$0.00
$0.00
OffieelNextel
$0.00
$695.00
$0.00
$0.00
$0.00
$400.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
hone
Vehicle Markin s
Di 'tal still camera Son Maviea CD-
$550.00
1
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$550.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
The Houston-Galveston Area Council
In Cooperation with the Texas Commission on Environmental Quality
FY 05 SOLID WASTE GRANT .U>PLICA nON FORM
PI"""e type or legibly print the application.
Typing is preferred.
Use no smaUer than a Io-point font.
I Auulicant Information
I
Applicant/Receiving Party
. FORT BEND COUNTY
Authorized Project Representative
James R. Bakerl Troy SC2Ico
StreetlPO Box
4520 Readi02 Rd. Suite A
Zip Code
City
State
77471
TeXJlS
Roseobel'll.
Authorized Financial Representative
Ed Sturdivant
StreetlPO Box
309 S. 4'" St.. Suite 533
Zip Code
City
State
Richmond. TeXJlS77469
Telephone Number
281-342-7469
Project Representative's Direct Telephone
!
I
I
281-633-7579/281-238-3532
Fax Number
281-633-7577/281-342-5572
Email Address
bakeriamlalco.fort-beod.tLus
Authorized Financial Representative's
281-341-3760
Fax Number
281-341-3774
Email Address
sturdroblalco.fort-bend.tx.us
Direct T e!ephone
i
I Other Participating Entities
GrantlProieet Information
xx LocaJ Enforcement
_Source
Reduction and Recycling
_Citizens'
Collection Stations, "Smalf' Registered Transfer
Stations and Community Collection Events
_Local
Solid Waste Management Plans
I Proposed Fundlng:
I Grant Request:
I Applicant's Share:
i Tota! Proiect Amount:
I For
_Household
_Litter
and
Events
_Technical
1QlEducatioo
_Other
Hazardous Waste Management
illegal Dumping Cleanup
Studies
and Training
Estimated Project Timeframe:
$93,623.80
S27,783.77
$121,407.57
September 2004- July 2005 and beyond
H-GAC use only
H_GAr
FY ?OO" <::-olinW~dp
rTf"~nt Annlir_::ltinn
P~ap 1 nfl1
I
I
Si
By the following sign3!J!re. the Applicant certifies that it bas reviewed the certifications. assurances and deliverables included in
this application.
ertificatio
are true and correct that assurnnces have been reviewed and understood, and that all
deliv
I are incl
this
.on submittal.
Signature:
Title:
Fort Bend County Iud e
Date Signed:
5-4-04
Certification.
In order to receive grant funds under this program. the proposed project must conform to the provisions set forth in the
Request for Applications (RFA). The following certifications are intended to help H-GAC ensure that these provisions
are met. By signing this Application, the person acting on behalf of the Applicant makes the certifications listed below.
1.
Authority to Sign Application
The person signing this Application hereby certifies that helshe is the official contact regarding this Application and
bas authority from the Applicant to sign the Application and that such authority will bind the Applicant in subsequent
agreements.
2.
Application Contain. No False Statements
Applicant certifies that this Application bas no false statements and that the Applicant understands that signing this
Application with a false statemellt is a material breach of contract and shall void the submitted Application and any
resulting contracts. The Applicant understauds that H-GAC will not accept any amendment, revision, addition or
alteration to this Application after the final date and time fur submission.
3.
Governmental Status
Applicant certifies that it is located in the State of Texas and fits Within one of the governmental classifications listed
below. as determined under state law:
a. City
b. County
c. Public school district (not including Universities or post secondary educational institmions)
d. Other general and special law district with the antbority and responsihility for water quality protection or
municipal solid waste management, including river anthority
e. Council of Government
4.
Confonnancetu
Standards
The Applicant certifies to the best of their knowledge and ability that the proposed project, including all activities in
the application, conforms to the eligible category standards and allowable expense and funding standards as set forth
in the Request for Applications.
5.
Solid Waste Fee Payments
Applicant certifies that it is not de\inqnent in payment of solid waste disposal fees owed the State of Texas.
6.
Consideration of Private Industry
The fullowing certification only applies if the project is under one of the following grant categories:
a. Source Reduction and Recycling
b. Citizens' Collection Stations, "Small" Registered Transfer Stations and Community Collection Events
c. A demonstration project under the Educational and Training Projects category
Applicant certifies that it has notified private service pro,iders in accordance with the requirements set forth in the
Request for Applications and the insttuctions provided with this application form. Applicant further certifies to the best
of their knowledge and ability that the proposed project will promote cooperntion between public and private entities, is
not otherwise readily available, and will not create a competitive advantage over a private industry that provides recycling
or solid waste services.
H-GAC FY 2005 Solid Waste Grant Application
Page 2 of 14
7.
Consistency with Regional Solid Waste Management Plan Amendment
Applicant certifies to the best of their knowledge and ability that the proposed project is consistent with applicable
goals, objectives. and recommendations of the adopted regional solid waste management plan amendment ofHGAC.
8.
Tecbnical Feasibility
Applicant certifies that is has carefully reviewed its Application and that to the best of their knowledge and ability all
activities are technically feasible and can be satisfactorily completed within the grant period as set forth in the
Request for Applications.
9.
Costs Reasonable and Necessary
Applicant certifies to the best of their knowledge and ability that the proposed project activities in the Application
and the expenses outline in the Budget are reasonable and necessary to accomplish the project objectives, and that the
proposed expenses are consistent with the coSls of comparable goods and services.
10. Certification by Law Enforeement Programs
If the Applicant is a law enforcement entity regulated by Chapter 415 of the Government Code, the Applicant
certifies that it is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards
and Education (TCLEOSE) pursuant to Chapter 415. Government Code; or that it is in the process of achieving
compliance with such rules. If compliance is pending, a certification from reLEOSE must be attached to indicate
that the Applicant is in the process of achieving compliance with the rules.
H_CTAr FV
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p~op 1 of 11
Assurances
If the application is approved for funding, the grant funds will be awarded through a contract between the Applicant and
H-GAC. The grant contract will contain a number of standards, requirements, and processes that must be complied with
as a condition of receiving the grant funds. In order to ensure an understanding by the Applicant of some of the main
conditions that will be included in the contract, the Applicant is asked to review the following assurances. By signing this
Application, the person acting on behalf of the Applicant indicates their understanding of these conditions and provides
assurances that these and other conditions set forth in the grant contract will be adhered to if funding is awarded.
I.
Compliance with Standard Pertaining to Real Property and Eqnipment
Applicant provides assurances that, if funded, the Applicant will comply with the contract provisions pertaining to
title to and management of real property and equipment. The contract will comain obligations and conditions
regarding the use of the equipment andlor flu:ilities (the "propertY") acquired under the agreement. Included in the
provisions are obligations to provide adequate maintenance and conduct physical property inventories; restrictions
and conditions on the use, replacement, sale, or transfer of the property; and obligations to continue to adhere to the
provisions that grant funds not be used to create a competitive advantage over private industry, in the use or transfer
of the property.
2.
Participation in H-GAC I TCEQ Surveys and Reporting
Applicant provides assurances that, if funded, the Applicant will respond to surveys andlor other requests from HGAC or the TCEQ for infonnation on municipal solid waste management activities.
3.
Compliance with Progress and Results Reporting Requirements
Applicant provides assurances that, if funded, the Applicant will comply with requirements for: reporting on the
progress of the project tasks and deliverable.; docwnenting the results of the project and providing those results to HGAC on a schedule established by H-GAC, and additionally, to continue to document the results of the project
activities for the life of the project; and to provide
H-GAC with a follow-up results repon approximately two
years after the end of the grant term.
4.
Financial Management
Applicant provides assurances that, if funded, the Applicant will comply with contract provisions and requirements
necessary to ensure that expenses are reasonable and necessary, and to adhere to financial administration and
reimbursement procedures and provide financial repons on a schedule established by H-GAC.
5.
Compliance with Americans with Disahilities Act
Applicant provides assurances that, if funded, the Applicant will comply with all the applicable requirements of the
Americans with Disabi1ities Act of 1990,42 U.S.C. §§ 12101-12213 (Pamph.1995).
6.
Compliance with the Single Audit Act
Applicant provides assurances that, if funded, the Applicant will comply with the Single Audit Act as defined by the
Unifonn Grant Management Standards (UGMS), January 1998.
7.
Compliance with Program and Fiscal Monitoring
Applicant provides assurances that, if funded, the Applicant will comply with program and fiscal monitoring
provisions of the contract, including: providing additional repons or infonnation as may be requested to adequately
track the progress of the project; and allowing site visits to evaluate the progress of the project and to view any grantfunded equipment or filcility.
Project Merits and Need.
PLEASE LlMlT YOUR PROJECT MERIT NARRATJVE TV 2 PAGES. Exceeding page limitation may result in a lower
score on this section.
Project Title:
Fort Bend County Environmental Enforcement Unit Program Enhancement
Program Objective and Summary:
•
•
Objective: To increase the current strength of this program from 2 full-time Investigarors to 3. This will
increase enforcement, prosecution and eduClUion of the State's environmental laws.
Summary: This project is focused on addressing the increased problem of commercial illegal dumping,
unregistered salvage yards, junkyards and other related solid waste issues. The continued popu1ation growth
in Fort Bend County reflects a paralleled increase in illegal dumping of municipal solid waste. Additionally,
Fort Bend County has seen an increase in salvage and junkyards and an ongoing problem with illegal tire
dumping. Currently, Fort Bend County does not have a local ordinance concerning salvage and junkyards.
In order to address issues of these yards becoming dumping grounds for solid waste and to control these
violations, the unit enforces statutes in the Transportation Code., Health & Safety Code and the Water Code.
The statistics for this unit are highlighted below and will show rhe need for an additional Investigator to
combat this problem.
Project Service Area: Indicate the area/geography (city, county, or other jurisdictions) covered by the project. Please
attach map if applicable:
This project services primarily the unincorpontted areas of Fort Bend County. Additionally, through inter-local
agreements. this program serves smaller incorporated cities, such as the Cities of Kendleton, Beasley, Orchatd,
Thompsons, Fulshear, Simonton, Fairchilds and the Village ofPleak, within Fort Bend County.
Severity of Problem:
The following points highlight the population growth and the paralleling severity of illegal dumping of municipal solid
waste in Fort Bend County:
The population of Fort Bend County in 1990 was 225,421'.
The population of Fort Bend County in 2000 was 354,452'. This is an estimated growth ntte of57.2%',
The 2001 estimaJ:ed population is 381,200, an increase of7.5% from 2000'.
The 2003 estimlUed population as ofJuly 1",2003 is 419,772'.
Using an average growtlrntte of 6% per year, a population estimate for 2005 is 471,453.
As Fort Bend County continues to grow in population, the illegal dumping of municipal solid parallels the
growth.
lE> Fort Bend County is the 22'" (Out of 100) fastest growing county in the United States and the 3'" fastest in the
State ofTexas, an 18.4% growth in population from 2000 to 2003'.
lE>
lE>
lE>
lE>
lE>
lE>
lE>
lE> The 2002 Environmental Enforcement Unit statistics show":
o
o
o
160 illegal dumping complaints investigated and 82 violators identified. .
II charges files resulting in 10 convictions and $3930.00 in fines.
An estimated total 0019,528 pounds of solid waste was removed due to enforcement.
lE> The 2003 Environmental Enforcement Unit statistics show":
•
•
•
417 illegal dumping complaints investigated and 221 violators identified.
60 chatges filed resulting in 49 convictions and $12,847.00 in fines.
An estimated total of 1,202,987,526 pounds of solid waste was removed due to enforcement.
P~af"';;ofl1
As we focus more on eniorcement, both proactive and reactive, our caseload will continue to increase. The Unit's
caseload has more than doubled, from an average of 15.16 cases per month in 1997 to 32.75 cases per month in 2003. The
2003 caseload traoslates to 16.3 cases per Investigator per month. It is anticipated tbat this caseload will dramatically
increase with implementation and use of remote surveillance systems in the latter pan of this year .
• Statistics <krived from the Us. Census Bureau .
•• Stal/stlcs derived from FBCECU data.
Feasibility of Project:
The current and future caseload of this Unit, along with funding through a solid waste grant, makes an additional
investigator feasib Ie. The program will be sustained beyond gram funding in future years.
Public Information:
The addition of an Investigator to this Unit will supplement an ongoing process to educate the public on environmental
issues and enforcement of environmental laws.
Regional versus Local Impact:
The ultimate goal of this Unit is to educate the public about crimes against the environment and as a result, this education
will impact the area locally. Additionally, this education can extend beyond this local region to surrounding regions in
this area For example, our past involvement in the Earth Day Celebration at Brazos Bend State Park has revealed that
many citizens from outside of Fort Bend County attend this funetiolL Upon visiting our booth, these citizens inquire about
what they can do to prevent illegal dumping in their county or city.
Project Status:
This project will supplement or enhance an existing project. As mentioned above, this additional position will benefit Fort
Bend County citizens and government. The existing program has received funding from HGAC in the past and intends to
maintain a working relationship with HGAC in the future.
H_(;Ar
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11.
Loeal Resources llIId Commitment.
PLEASE LIMIT YOUR LOCAL RESOURCE NARRATIVE TO I PAGE.
score on this section. Palle limitation does not 41lDlvto Attachments.
Exceeding page limitation may result in a lower
Project StaffOualification and Experience (Resumes may be in Attachmentsj:
The minimum requirements for this position are as follows: High School Diploma or GED equivalent and a valid Texas
driver's license. Intermediate or higher Peace Officer Certification through the Texas Commission on Law Enforcement
Standards and Education or a Basic Certification with four (4) years of investigative experience. Knowledge of the Texas
Health and Safety Code, Texas Water Code and other environmentailaws are encouraged. These are minimum
requirements and the person selected for the position may exceed the requirements. (See attached Fort Bend County job
description)
Intention to Sustain the Project:
The Fort Bend County Commissioner's Court has decreed support for and intends to sustain this program.
The county is committing ongoing administrative, supervisory and professional personnel and hours to this effort.
Citizen's awareness and local support mandate the continuation of this program.
Environmental Risk <Explain how the project will reduce risk to the environment):
The risk to the environment by illegal dumping is serious. Every dumpsite identified brings newfound risks to the ground
water and soil. Increased investigations of these crimes will be required to prevent an umecoverable sluntp.
Matching Funds or In-kind Services <Explain in detail the application of any matching funds or in-kind services to be
provided by the applicant, as directly related to the proposed project):
As noted on page 12, Fort Bend County is continuing to fund this program beyond previous and future grant cycles. TIlls
percentage includes indirect costs to operate this program such as vehicle maintenance and operation, additional supplies
and other expenses. If this grant is funded, future costs will be assumed by Fort Bend County. The county additionally
funds 100"10of salaries for two other full time investigators.
Supporting Documentation (Please place copies of letters, resolutions, etc in Attachments)'
The Fort Bend County Commissioner's Court has signed Inter-Local Agreements with the following cities and villages
within Fort Bend County for environmental issues: Cities of Meadows Place, Thompsons, Orchard, Simonton, Beasley,
Fulshear, Kendleton and the Villages ofPleak and Fairchilds. Attached is other supporting documentation for this
program.
H_(;AC'
FY ?OO" ."nlirl W~Up. C'TT::tnt
Annlir:::-tlnn
'P$lOf'!
7 nf 11
Project Cost Evaluatioa.
PLEA.SE LIMIT YOUR PROJECT COST EVALUA110N NARRA11VE TO 2 PAGES. Exceeding page limitation may
result in a lower score on this section. Some of the
information ma not be
Target Population to be served by Project: 471 665 (est. 2005 population)
Please name ail participating communities that will be served or benefit from proposed project.
This is a population estimated using a 6% growth rate from the estimated population of 419,772 as of July \", 2003. This
target population includes all of Fort Bend County.
Cost Per Impacted Capita: 0.198
Please erplain calculations.
¢
This cost is calculated by dividing the population by the total cost of the project for one year.
Amount to he processed and volume displaced from landfil~ if applicable:
Please explain calculations.
_
NOT APPLICABLE
Cost Per Ton Processed, if applicable:
_
NOT APPLICABLE
Otber Cost Savin .... if anolicahle:
Landfill Costs Saved: -,Please erplain calculations.
_
NOT APPLICABLE
Clean-up Costs Saved:
_
Through prosecution and remediation requiring the violator(s) to abate the locations they have dumped at may reduce the
clean up cost. This would reduce the cost to the county and taxpayer for clean up.
Cost Compared to Established Rates: Contact H-GAC staff/or assistance, ifneeded
NOT APPLICABLE
Salary/Operational Expenses:
If approved, this grant will cover 100"10of the salary and most of the operational expenses for this position.
Benefits Consistent and Reasonable to Cost:
NOT APPLICABLE
H_n-Af'
FV ?OO-<iS,n!ir! W~c:.tp (Tr::.nt Annli~::ltinn
Pj:lap.Rnfl1
Evaluation
of ConoisteDcy with Regional Solid W ute MllIIlIllement l'Ian Amendment
lliIS SECTION MUST BE COMPLETE IN ORDER TO BE CONSIDERED FOR GRANT FUNDING.
Is proposed project consistent with H-GAC's regional plan amendment?
In the space below, briefly describe how the proposed project will support the regional plan amendment (available at
http://www.h-gac.comIHGAClPrograrnsiSolid+WastelWhats_New.htm#).
Fort Bend County is in Sub Region 7 of the SWMP 2002-2020. As indicated on page 23, Fort Bend Counry is continuing
is effort to enforce Texas environmental laws. Other objectives are noted on page 36.
List of Other Entities Which Provide a Similar or Related Serviee
lliIS SECTION MUST BE COMPLETE IN ORDER TO BE CONSIDERED FOR GRANT FUNDING.
This section
a.
b.
c.
is applicable only to the following grant categories:
Source Reduction and Recycling
Citizens' Collection Stations, "Small" Registered Transfer Stations and Community Collection Events
A demonstration project under the Educational and Training Projects category
According to state law, a project or service funded under this program must promote cooperation between public and private
entities (by definition includes non-profit organizations), and may not be otherwise readily available or create a competitive
advantage over a private industry (by definition includes non-profit organizations) that provides recycling or solid waste
services. If lhe proposed project provides a service, in the space below, list all entities, private and public, in the affected
geographic area known to provide a similar or related service. Please attach additional pages if needed.
Private Service Providers
NOT APPLICABLE
Contacted
Telenbone Number
i Date Notified
i
Summarv
I
I:
i
:
!
i
I
I
I,
I
I
I
I
County in wbicb your entity is located:
_
County and Neigbboring Jurisdictions:
Have vou contacled 1M county and su"oundin!! mrisdictions
Contact Name
Date of Coutact
H_G-Ar
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see if Ihev /1rovide a similar service?
Enti,.,;
10
P::lO"P. Q nf 11
GRANT BUDGET SUMMARY INSTRUCTIONS
Minimum Grant Award S10,000.
'Exception:
Events.
There i. no minimum
*
for Community
Clean-up
Events and Litter and IDegal Dumping
Clean-up
Please provide the following brealaJown of the total amount of grant funding being requested
Instructions (or personnel/salaries on Line I o(VOUrGrant Budget Summary:
Complete the table, including each employee to be funded wholly or in parr by this grant. Refer to the tallowing
Position Gob title)
Function (only those responsibilities directly related to solid waste management)
Status (full-time or part-time, permanent or temporary)
Salary (regular monthly salary)
Time (percentage of mouthly time dedicated to the function)
Salary Funded (total amount of salary funded through this grant)
definitions:
Instmctions (or fringe benefits on Line] o(your Grant Budget Summary:
Fringe benefits should be calculated based on the fringe benefit identified on Line 10 of your grant budget summary.
Instructions (or travel on Line 3 o(vour Grant Budget Summary:
Travel expenses directly related to the grant-funded program may be authorized.
expenses requested. Identify the parties and purposes involved.
Please describe the types of travel
Instructions (or supplies on Line ~ o(VOUrGrant Budge, Summary:
Supplies are consumable. items that generally have a useful life a(1ess than ane year, and have a !!!!it cost ofless than $1,000.
(Expenses for food and beverages are not allowable. Items with a useful life over one year should be listed under the "other"
budget category.) Please list the general types of supplies you intend to purchase with grant funding.
Instructions (or equipment on Line 5 af YOur Grant Budget Summary:
Expenses included under the Equipment category should be for non-eonstruction related, tangible, personal property
having a unit acquisition cost of 51,000 or more (inclnding freight and set up costs) with an estimated useful life of
over one year. Any equipment that will be used for other projects or activities, in addition to the funded project, may
only be funded at an amount reflecting the appropriate percentage of time that the equipment will be directly used for the
funded project. All equipment pun:bases must be approved in advance by H-GAC. Please list each piece of equipment
you intend to purchase with grant funding, providing as many specifications as possible at this time.
Instructions (or constructitJn on Line 6 o(vour Grant ButiIwt Summary:
Expenses budgeted under this category should be for costs related to the enhancement or building of permanent facilities.
A p ..... throngh grant recipient sball incur uo constructiou
costs unless the coustruetiou
details are approved iu
advance by H-GAC. All applicable laws and regulatious for biddiug and coutraeting for services must be followed.
Describe the construction expenses associated with the proposed project, providing as many specifications as possible at this
time and identifY any services to be subcontracted.
InstnlCtiOns for contractual on Line 7 oevour Grant Budget Summary:
Expenses iucluded under this category should be for costs for professioual services or tasks provided by a firm or
individual who is not employed by the graut recipient. A pass-tbrough
graut recipient may iucuruo contractual
unless the subcontract
is approved in advance by H-GAC.
H_~Ar
FY 7(\0'\
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P~ap.l0nfl1
costs
Instructlons tor ""ther" on Line 8 o(your Grant Budr:el Summary,'
"Other" expenses are tor items or services that do not readily fit into any of the other budget categories in this application, If
any of the other expenses are included in the calculation of your rate for indirect charges, do IUJt itemize them on the grant
budget summary, Complete the breakdown of total "other" expenses,
Instructlons for fringe benefit rate on Line I 0 o(yow
Identify your fringe benefit
Grant BucJr:etSummary:
rate,
Instructlons (or versonne/lsaiartes on Line II ofyow Grant Budr:et Summgrv:
Identify your indirect rate,
Also identify in detail each budget category to which your indirect rate applies and explain any special conditions under
which the rate will be applied below:
GRAt'iT BUDGET SUMMARY
,
'GRANT BUDGET SUMMARY
$36.365.391
$14,590.61.
1. Personnel Sal
2. Frin e Benefits
$o.ooi
3. Travel
4. Su lies unit cost ofless than $1,000
$0.001
$41,227.80
5. E ui ment (unit cost ofS1,000 or more)
$0.00
6. Construction
7. Contraetual other than for construction
$0.001
SI44000
$27.78377!
8. Other
19. Indirect char es
$122,966.57
TOTAL
Peace Officer I Investi".tor
H~~Ar
FY
Solid Waste EnforcementFTlPerm
'O()~ S:.nllri W;l~tf"('f'1"$IntAnnlir;ltinn
100%
$50,956001
SO.OO
$0.00
0"10
0"10
$0.00
0%
SO.OO
SO.OO
SO.OO
$0.001
0%1
SO.OOI
$2,786.61
p~op 11 nf
n
$0001
$0001
it.~~
I
1
,
I
I
Truck mounted tadio
Portable handheld radio
Digital still camera
Laoton comnuter
lMotorola XTL·5000
!Motorola XTS-5000
$3670.70
$3796.75
1
1
I
Sonv Mavica CD-500
Motorola ML-900 MDT
$550.00
$7307.10
1
1
i
$25,508.251
1
$120.001
1
1
Ford '-4 ton 4x4 oickun
Enforcement vehicle
Gear baa vehicle organizer, ticket boo~ N/A
Streamlillht Ultra Stinger
Recbarlleable flashlillht
Vehicle DOwerinverter
Measuring Wheel
$100.001
$75.001
IN/A
Rolatalle
H_(;AC' PY ?oo.; ~('\Iicl W~<iI,tf' (;.n:mt Annlir:~tir'lO
1
$100.001
p~O'p
$0001
$0.001
$3670.701
S3796.75i
$550.001
$7307.101
$25,508.25;
$120.001
$100.001
$75.001
1
I
$0001
$0001
1
1? nf 11
$100.001
SO 001
IPostage ! DelIverv
~===.o..:..,,-,-
I~O~ffi~C~eIN=e~xt~e~lclp~h~on~e,,-----------
!Telephone! FAX
,DtU·flies
__
-'I
IPrintinl1 ! Renroduction
iAdvenisin" ! Public Notices
ISignage
ITrainina / Re2isttation Fees
i
I
I
Vehicle markings
!
I
I
!Dues / Membershie Fees
i
iRecord Stonuze
S695 001
~~~
$0 001
SO 001
$0001
$400001
so.ool
so.ool
SO.OOI
IOffice Space
Basic Office Furnishin s
SO 001
E ui mem Rentals
Books / Subscri tions
SO.ool
SO 00
eoair / Maintenance
SO 001
SO.OOI
so.oo
so.ool
al Services
Tem or
Services
lit"
so.ool
SO 001
so.ool
so.ool
SO.oo
SO.oo
S345.001
$0.00
MS Office 2000
SO.OO
so.OO
SO 00
SO.oo
so.oo
so 00
so.OO
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.II"-,, ~. cOrN
'lINL'TES
BE IT RE:VIE:'IBERED.
That un this .. '" DAY of MAY. 200 ... Commissioners
County. T ~xa$. met Jt J scheduled meeting: \vith the fol1o\ving present:
ROBERT
COUNTY
E HEBERT
JUDGE
COMMISSIONER
PRECINCT
2
ANDY MEYERS
COMMISSlONER
PRECf:\iCT
3
JAJvlES PATTERSON
COMMISSIONER
PRECINCT
..
DL"u'iNE WILSON
COUNTY
GRADY
Commissioner
PRESTAGE
Stavinoha
CLERK
absent.
When the followmg were heard and the following
l.
Cuurt of Fort Bend
orders were passed:
Call to Order.
Call to Order by Judge Hebert at I :00 p.m.
2.
Invocation
Invocation
3.
Approve
and Pledge
of AJlegiance
and Pledge of Allegiance
minutes
Moved by
unanimously
of meetings
by Commissioner
by Commissioner
Meyers.
Meyers.
held April 27 and April 28, 2004.
Commissioner
Meyers,
Seconded
by Commissioner
Patterson.
duly put and
carried (4-0), it is ordered to approve minutes of meetings held April 27 and April 28.
2004.
Judge Hebert
Commissioner
Commissioner
4.
yes
Stavinoha
Prestage
Announcements
Meyers
Patterson
yes
yes
and Public Comments.
VariOllS elected officials,
Mass Destruction
absent
yes
Commissioner
Commissioner
department
Terrorism Exercise.
heads and statT attending
a three day required Weapons
of
.\fav 4. 2(1).J
Item 16 continued
- Engineering:
C. Take all appropriate
Regulations
action to on request
of Subdivisions,
under
Section
for variance
to the Fort Bend County
2.2 I, allowing
a lO.O-acre tract of land, as
in Deed Record No. 9779225. to be divided into two 5.0 acre tracts, in the H &
recorded
TC RY Survey, Abstract 228 in Fort Bend County, Texas. (Jody Darrell Teykl), Padon
Road, Needville, Texas, Pet. 1.
Moved by Commissioner Panerson. Seconded by Commissioner Meyers. duly put and
unanimously catried (4-0), it is ordered to approve request for variance to the Fort Bend County
Regulations of Subdivisions. under Section 2.2 L allowing a 10.0-acre tract of land. as recorded in
Deed Record 'Jo. 97"9225. to be divided into two 5.0 acre tractS. in the H & TC RY Survey.
Abstract 22810 Fort Bend County. Texas. (lody Darrell Teykl). Padon Road. NeedvIlle. Texas.
Pct. 1.
Judge Hebert
27.
yes
absent
Commissioner
Commissioner
0,.leyers
P::l.tterson
yes
yes
yes
FORT BEND FLOOD CONTROL WATER SUPPLY
Directors of the Fort Bend Flood Control Water Supply
their regular meeting held April 28, 2004, and made
Commissioners
Court:
Approve construction
plans
Structure.
CORPORATION:
The Board of
Corporation reviewed this item at
the following recommendation
to
for the Big Creek Bypass Drop
Moved by Commissioner Patterson. Seconded by CommIssioner Prestage. duly put and catried
(3-1). it Is ordered to approve construction plans for the Big Creek Bypass Drop Structure
as recommended by the Fort Bend Flood Control \Vater Supply Corporation.
Judge Hebert
28.
yes
absent
yes
Commissioner Meyers
Commissioner Panerson
no
yes
HEALTH & HUMA.N· SERVICES - ENVIRONMENTAL:
Take all appropriate action on
application to Houston-Galveston Area Council for FY 2005 Solid Waste Enforcement and
Education Grant funding in the amount of $93,623.10, with no cash match required by Fort
Bend County.
catried (4-0), it is ordered to approve application to Houston-Galveston Area Council for FY 2005
Solid Waste Enforcement and Education Grant funding in the amount of 593,623. 10, with no cash
match required by Fort Bend County.
Judge Hebert
yes
absent
yes
Commissioner Meyers
yes
yes
AGENDA ITEM
FORT BEND COUNTY
COMMISSIONERS COURT AGENDA REQUEST FOR,\1
DATE SUBMITTED:
SUBMITTED BY: Troy Scalco
DEPARTMENT: Enviromnental Health 0312
-1128/04
"~
d
PHONE NO.: 281-ZJ8-3532
COURT AGEmlA DATE: 5/4104
I
AGENDA
SUMMARY OF ITEM:
Take all appropriate action on request regarding appiication by Fort Bend County to Houston-Galveston Area
Council. for FY 2005 for Solid Waste Enforcement and Education Grant as recommended by the Fort Bend
County Solid Waste Advisory Committee for the amount of $93.623.10, with no cash match required by the
County.
Yes ()
No (X)
LIST SUPPORTING DOCUMENTS ATTACHED: Cover memo. H-GAC Application and deliverable sheets for the proposed
project.
FINA.t~CIA.LSIDIMARY:
BUDGETED ITEM:
Yes ( ) ~o ( X )
Fund
ANNUALIZED DOLLARS:
~/A ( )
Funding Source:
Agency
Object
One Time
Recurring
()
N/A
(X)
COMMENTS:
()
100% :nntfuodincfortlntyearand.
op to 100-1. for the following year.
Original "FQrm Submitted with back up to County Judge's Office: Yes (X)
CC with back up:
\ yes (*) Auditor
yes
yes
yes
yes
(281-341-3774)
(*) Budget Officer
(281-344-3954)
(*) County Attorney
(281-341-4557)
(*) PUfchasingAgent
(281-341-8642)
(0) County Clerk (2S1-341-8697)
yes
yes
yes
yes
(*) Comm. Pet. 1 (281-342-1)587)
(*) Comm. Pct. 2 (281-403-8009)
(*) Comm. Pet. 3 (281-242-9060)
(*) Comm. Pet. 4 (281-980-9077)
IDstnlctiODSfor submitting an Agenda Request:
1.
2.
3.
Completely fill out agenda form. incomplete forms will not be processed.
Fax, or inter-oftice copies of agenda form with all back up information by Wednesday at 2:00 p.m. to
All OIil!inai back-up must be received in tbe County Judges Office by 2:00 p.m. ou Wednesday.
Approve the FY 2005 Solid Waste Environmental Enforcement grant request application to Houston-Galveston
I
Area Council.
I
I
ENVIRONMENTAL HEALTH DEPARTMENT
Memorandum
To:
Distribution
cc:
Kaye Reynolds
From:
Troy
Dale:
04/28/04
Re:
PROPOSED FY 2005 H-GAC SOLID WASTE ENFORCEMENT AND EDUCATION
scam. Director
i/
GRANT APPUCATION
This approval request is to apply to the Houston Galveston Council of Governments (HGAC) for the FY 2005 Solid Waste Enforcement and Education grant. If awarded by HGAC, it would award Fort Bend County funding for salary, vehicle and equipment for
one Investigator with no match required by Fort Bend County. Funding 100% for the
first year, up to 100% for the second year with a re-submitta1 required. This will bring
the Environmental Enforcement programs strength up to 3 full time Investigators to
combat illegal dumping. On April 21 st, 2004, the Fort Bend County Solid Waste
Advisory Committed approved and recommended an application by Fort Bend County to
HGAC for a FY 2005 grant for enhancing and expanding the Environmental Enforcement
Unit.
As instructed by the Budget office, a proposed supplemental will be included in this
Departments 2005 proposed budget. This supplemental will be contingent on receiving
the H-GAC grant, which will include other expenditures that are not covered in the grant.
FORT BEND COUNTY
AIIocodoa Analysis
For the flKal year ""ded 12131/01
EagiMeriDg -Indirect Coo
hod
010
010
010
010
0\0
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
010
911
010
010
010
010
010
010
010
010
010
010
010
230
230
230
230
230
o,,'-Onr; Dept. ~ O~ DescripdOD
043")430 ENGINEERJNG
043.<)430 ENGINEERJNG
043.<J430 ENGINEERJNG
043-<J430 ENGINEERJNG
043.<J430 ENG!NEERJNG
043.<J430 ENGINEERlNG
043-<J430 ENGINEERJNG
0~3-<J430 ENGINEERJNG
043.<J432 LANDFILL
Acct.
Account Deu:ripdon
0200 SALARJESAND LABOR
0201 TEMPORARY OR PART-TIME
0202 OVERTIME
0250 LONGEVITY
0300 SOCIAL SECURITY
0400 RlITIREMENT
0500 lNSURANCElGROUP)
0600 WORKERS COMPJUNEMPLOYMENT
0701 TRAVEL REIMBURSEMENT
1010 PROPERTY AND EQUIPMENT
1011 CAPITAL ASSETS
1012 INFORM. TECHNOLOGY HARDWARE
1020 REPAIRS TO EQUIPMENT
1062 OFFICE SUPPLlESIPOSTAGE
1070 PERMANENT IMPROVEMENT
2000 UT1LlT1ES
2001 ENGINEERJNG SUPPLIES
3020 OTIlER RENTALS
3040 SOFlWARE PURCHASES
~010 FEES AND SERVICES
~Oll UNIFORM EXPENSE
6025 AUTOMOBILES
043-0432 LANDFILL
043.<J432 LANDFILL
1011 CAPITAL ASSETS
043.<J432 LANDFILL
043.<J432 LANDFILL
UT1LlT1ES
2000
043.<J432 LANDFILL
3000 MATERIALS AND SUPPLIES
043.<J432 LANDFILL
FEES AND SERVICES
~10
043.<J432 LANDFILL
PAYMENT ON PRINCIPAL
7016
043-0432 LANDFILL
7017 PAYMENT ON INJ'EREST
043.<J432 LANDFILL
0200 8ALARJES AND LABOR
043-0433 RECYCLING CENTER
043.<J433 RECYCLING CENTER
0250 LONGEVITY
043.<J433 RECYCLINGCENTER
0400 RlITIREMENT
0500 lNSURANCE(GROUP)
1011 CAPITAL ASSETS
1070 PERMANENT IMPROVEMENT
043-<J433 RECYCLING CENTER
lITILITlES
2000
043-<J433 RECYCLINGCENTER
4010 FEES AND SERVICES
043-<J~33 RECYCLING CENTER
3000 MATERIALS AND SUPPLIES
043-0435 HOUSEHOLD/AG WASTE COLL GRAN
0~3-0436 HOUSEHOLD/AG WASTE PROGRAM
043.<J436 HOUSEHOLD/AG WASTE PROGRAM
043.<J436 HOUSEHOLD/AG WASTE PROGRAM
0701 TRAVEL REIMBURSEMENT
043-O~36 HOUSEHOLD/AG WASTE PROGRAM
1010 PROPERTY AND EQUIPMENT
043-0436 HOUSEHOLD/AG WASTE PROGRAM
1011 CAPITAL ASSETS
043-Q436
HOUSEHOLDIAG WASTE PROGRAM
\062 OFFICE SUPPL1ESIPOSTAGE
0~3.<J436 HOUSEHOLDIAG WASTE PROGRAM
1070 PER.'lANENT IMPROVEMENT
04.3-0-1.36 HOUSEHOLDJAG WASTE PRcx:JRAM
3000 MA TERlAlS AND SUPPLIES
043-0436 HOUSEHOLDIAG WASTE PROGRAM
sonw ARE PURCHASES
30~
4010 FEES AND SERVICES
~IO FEES AND SERVICES
043-1301 MOBn.rrYPROJECTS
7805 SETTEGAST RD.
7808 W AlRPORT(SH6 TO FM 1464)
043-1301 MOBn.rrY PROJECTS
7816 w. BELLFORT (ELD TO SH 6)
7817 VOSS RD. CBUlfNEYRD. TO SH 6)
Tow Expeadltures
Salaries
593,924.03
593,924.03
15.082.90
15,082.90
6,460.39
5.802.71
6.460.39
5.802.71
46,363.92
46,363.92
63,548.03
63.000.00
63,548.03
63,000.00
5.520.00
5,520.00
Other Cosu
ll,169.93
ll,169.93
19,878.45
:9.901.00
19.878A5
29,901.00
IU52.56
Un.IS
11.352.56
9,694.65
150,622.21
9,694.65
150,622.21
21,661.54
21,661.54
1,577.15
1.670.06
1.670.06
2.228.06
2,228.06
14,376.80
14,376.80
36,325.25
2.866.48
36,325.25
18.812.00
18,81':.00
19,926.35
1,524.43
:13.00
2,866.48
19,926.35
1,524.43
213.00
28,370.62
3,088.18
32.611.49
28,370.62
110,346.45
46,.286.38
1l0,346.45
46.286.38
3,124.77
26,530.11
1l.966.40
227.05
2.942.65
3,656.58
4,500.00
442.00
17,909.27
1,000.08
1,265.80
3,488.34
5,021.99
96.80
13,205.00
1,010.20
526.00
3,088.18
32,611.49
3,124.77
26,530.11
1l,966.~
227.05
2,942.65
3,656.58
4,500.00
442.00
17,909.27
1,000.08
1.265.80
3,488.34
5,021.99
96.80
13,205.00
1,010.20
526.00
550.00
550.00
32,010.25
32.010.25
15,000.00
15,000.00
344.27
344.17
94,539.05
94,539.05
8,128.04
55.94
19,604.50
8.12S.~
55.94
19,604.50
193,036.99
57,059.64
193.036.99
152.115.05
1~15.0S
1l0,904.43
100,320.88
110,904.43
100,320.88
S7~OS9.64
FlIIld
Dp<-OrI
Dept..Org_
230
0434301
0434301
0434301
0434301
0434301
0434301
MOBILITY PROJECTS
MOBILITY PROJECTS
MOBILITY PROJECTS
MOBILITY PROJECTS
MOBILITY PROJECTS
MOBILITY PROJECTS
TOTALS
230
230
230
230
~30
~Y2001 Indirect Cost. Allocation
Amount
:"Y2004 Indirect Cost Allocation
Rate
......
A<et.
7827
7828
7831
7834
7835
7841
Aaau1It
DoocrIJIIloD
FIFTIl STREET
SH 122 (PHASE 2)
FM 1464
FM359
MASON RD.
HARLEM RD.
T....
z.pea-..s
Salaries
29,511.00
8.929.00
4.345.00
4.811.00
8.929.00
4.345.00
265.335.47
265,335.47
2.567,718.57
~.81LOO
886.371.75
504.452.00
56.91%
2
OtherCOIU
29.511.00
1.681346.82
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Page I of I
Printable Version
Fort Bend growth rate ranks 22nd fastest in nation
By STEPHEN PALKOT
Fort Bend County's population exceeded all growth forecasts, said Fort Bend Economic Development
Council President Herb Appel, as figures released by the U.S. Census this week place the county's
population at 419,772 as of July 1, 2003.
"We are already ahead for growth projections this time next year," he said. "No demographer has
accurately predicted the growth that Fort Bend County achieved."
Previous data estimated the county's 2003 population to be 412,570, up from 354,452 in 2000.
In the nation, Fort Bend County ranks 22nd for growth, having seen an 18.4 percent growth in
population between 2000 and 2003.
Additionally, the new Census data ranks Fort Bend County the third fastest growing county in Texas,
behind Williamson and Collin Counties. Within the greater Houston area, Montgomery County is
ranked the fifth fastest-growing county in Texas and Brazoria County is ranked the eighth fastestgrowing county.
http://www.herald-coaster.com/artic
les/2004/04/0 8/news/top _story /topstory. prt
04/26/04
•
FBC ECU Statistics
2002 vs. 2003 Cases & Citations
450
400
I
i
350
300
250
200
150
100
50
o
2002cases
2002Cnatlons
2003Cases
2003Cnatlons
ENVIRONMENTAL
HEALTH DEPARTMENT
4520 Reading Rd., Suite "A", Rosenberg, Texas
(281) 341-5572 Fax
(281) 342-7469 Office
ENVIRONMENTAL ENFORCEMENT PROGRAM
Effective October 1, 2002.
The mission of this program is to serve and address environmental issues by combating illegal
dumping of Municipal Solid Waste. Trained Peace Officers! Investigators will conduct patrol,
surveillance, prosecution and public education of the following environmental and Municipal
Solid Waste related complaints. With involvement from Houston-Galveston Area Council (HGAC) and the Fort Bend County Recycle Center, the Enforcement Program goals address the
following:
•
•
•
•
•
Illegal dumping (including municipal solid waste)
Permitting of Solid Waste Haulers
Violations to Texas Water Code
Proactive Investigations / Surveillimce / Patrol
Other Environmental investigations upon request from Elected
Officials and other County Departments
PROGRAM GOALS
Long-term goals for this program are the baselines established through H-GAC for over the next
20 years. Framework is based off the Action Plan criteria identified in the H-GAC Management
Plan (1992-2012) manual. This program has grant obligations with H-GAC through the next 6
years and are the basis goals /objectives set forth by H-GAC progranl requirements.
Goal 1
To protect public health and the integrity of the environment by aggressively investigating, and
enforcing the State laws and statutes of illegal dumping for critninal prosecution. Reducing the
amount of identified dumping sites and assuring waste is removed and disposed in approved
landfill operations.
Objective 1:
solid waste.
Objective 2:
Objective 3:
Objective 4:
Objective 5:
Proactively work to reduce and prevent the illegal transporting and dumping of
To bring violators into compliance or justice.
To enforce the State laws pertaining to illegal disposal of solid waste.
To identifY and categorize chronic and active illegal dumps sites.
To investigate received and referred complaints
Goal 2
Establish education programs to achieve increased awareness for the public, enforcement
agencies, institutional, schools and industries with regards to illegal dumping. Educating the
impact to the environment upon rural and urban areas of Fort Bend County.
Objective 1: To educate how to report illegal dumping.
Objective 2 : To educate the fines, penalties of offenders of illegal dumping.
Objective 3: To educate the resources available for recycling to divert 30% of solid waste to
recycling.
Goal 3
Proactively assist in removing litter and other waste from County roads.
Objective 1: To identify and catalog areas of County roads which are chronic areas for littering
and are in need regular maintenance.
Objective 2: Develop, coordinate and manage programs such as the Adopt-A County Road
sources of volunteer, community and offender Gail, prison) labor to conduct actual clean up
methods.
FIVE YEAR PROJECTIONS
The following points highlight the population growth and the paralleling severity of illegal
dumping of municipal solid waste in Fort Bend County:
® The population of Fort Bend County in 1990 was 225,421 *.
® The population of Fort Bend County in 2000 was 354,452*' This is an estimated growth
®
®
®
®
rate of 57.2%*.
The 2001 estimated population is 381,200, an increase of7.5% from 2000*'
The 2003 estimated population as ofJuly 1st, 2003 is 419,772*.
Using an average growth rate of6% per year, a population estimate for 2005 is 471,655.
Fort Bend County is the 2200 (Out of 100) fastest growing county in the United States and
the 3rdfastest in the State of Texas. an 18.4% growth in population from 2000 to 2003*'
® The 2002 Environmental Enforcement Unit statistics show**:
o
o
o
160 illegal dumping complaints investigated and 82 violators identified.
11 citations issued resulting in 10 convictions and $3930.00 in fines.
An estimated total of719,528 pounds of solid waste was removed due to
enforcement.
® The 2003 Environmental Enforcement Unit statistics show**:
• 417 illegal dumping complaints investigated and 221 violators identified.
• 60 citations issued resulting in 49 convictions and $12,847.00 in fines.
• An estimated total of 1,202,987,526 pounds of solid waste was removed due to
enforcement.
u.s.
• Statistics derived fram the
Census Bureau.
··Statis!ics derived from FBCECU data.
The need for this program exists. The growth and associated demands to Fort Bend County over
the next five (5) years will warrant the requirement for an expanded and a developed
.
Environmental Enforcement program. As surrounding counties tighten their enforcement,
illegal transporters and dumpers will proceed out to Fort Bend County. Illegal dumping.will
increase in Fort Bend County. Sources of contamination will multiply from household waste to
industrial and toxic waste. There will be an projected 50% population growth for Fort Bend
County by 2010 and a County wide provided contracted solid waste Itrash services must be
provided. Current surrounding landfill capacities will allow for only seven (7) more years.
Both short and long term plans for this program will be affected by the following:
• Political support and backing.
• Sufficient funding for operation
~ Local Funds
~ State and Grant Funds (TECQ I H-GAC) Funds.
• Legal prosecutors
• Funding for abatement of non-compliance sites.
• Sufficient personnel to effectively implement
• Adequate equipment to conduct surveillance, increase enforcement and provide
efficiency.
• Funding for sampling and further evidence analysis
• Amount of education materials, publications, videos provide and workshops conducted
Personnel
To operate such a program effectively and efficiently, five to ten year projections will require the
mInImum:
• One (1) supervisor lmanager
• Three (3) investigators
• One (1) administrative I receptionist lsupport services
• One (1) environmental prosecutor through the Fort Bend County District and County
Attorneys offices.
Services
• Laboratory services for sampling and further evidence analysis.
• Available funds and services to clean up illegal dump sites that cannot be abated (due to
non property ownership, back taxes) or otherwise where by Fort Bend County would
assumes all responsibility for remediation.
Equipment
• Laptop computers, printers and advanced technology software. Modem technology exist
and will be advanced where-by employees will be able to operate office from vehicles,
inspection forms citations and dispatching will be performed electronically.
•
GPS hard/soft ware and programs to map and track as well as monitor sites, violators
and employees.
•
Surveillance cameras and related investigative surveillance tools.
•
Hazmat related equipment.
Facilities
Over the next 5 years the offices at the recycle center will serve as many usages to the
Department which include:
• Facilities to conduct a rounded solid waste and related recycling practices for public
education courses.
• Evidence processing, storage and proper disposal.
• Additional offices for additional Enforcement Officers.
CUSTOMIZED
PRODUCT PRICrNG SL~IMARY
BASED ON CONTRACT
Can and Ughl Trucks
a-CAC
?ORT 3erD COl'NT'!
Contact:
.7,\':'-[fS1. 3..\KE?. ':::231 ')33--S~
Description:
A_
Bid Series:
B.
PubHshed
Date:
~~-:-()
LS~-Aor...).4
GBO
A.. Base Price:!
-"-'_...::=c:.:.:::::J
L
GonoDs IItem.ize each ~Iowl
Bid Price
Options
Code
$
57:
AlC
LTO
iSPEC:AL 7RA.\iS GROUP
lREQllRED
5
535
TRAILER TOW PACKAGE
XIS.".LL TERRAIN '-'<'GRADE
DonaDs
Bid Price
54L V8 GAS 3800 GVWR
!NCL
H9.00
VINYL SEAT
!NCL
RUBBER FLOOR
!NCL
AM:-FM RADIO
INCL
ABSBRAKES
INCL
FULL SPARE TIRE
INCL
:REAR BliMPER
INCL
398.00
INCL
5 4.39\.00
INCL
4X4 ·wTld SKill ?LA TES
I
697.00
$
14-SPEED AUTOMATIC
Code
INCL
\VITH AlJTOMA TIC
.\4E
Sill
Rep: .-\L-\N WILEY
Pbilpott
End User.
Product
BID VE 111-<13
TIG:CRl1SE
5
316.00
EXTENDED CAB LONG BED
IN"Ci..
XCI
LD<lITED SLIP AXLE
$
289.00
57
REDIBLUE GRILL STROBES
$
160.00
903
PO\\<tR WINDOWS-LOCKS
$
660.00
55
FRONT HIDDEN STROBES
$
99.00
EZI
FULL TINTED W1NDOWS
5
195.00
$
99.00
SB
.\42.00 I
55
58
IREAR HIDDEN STROBES
SPRA Y IN BEDLINER
STROBE POWER SUPPLY
$
299.00
RH
RECENER
I
54
REDIBLUE D01IDLE DASH STROBE
$
255.00
52::.T
I5
I5
HITCH
175.00
Total of B. Published
C.
Unnublisbed Ooooos fItemize each below, not
to
exceed 25%1
VINYL 40120/40 SPT IT BENCH SEAT
$
323.00
142 SHORT BED OPTION
5
([95.00)
XL DECOR GROUP
$
1.\400
WESTIN FULL SIZE BRUSH GUARD
$
425.00
Is
235.00
DRIVER ."'-''lD PASSENGER SIDE STEPS
$
216.00
WHELEN S1REN\\<lTIl SPEAKER
$
483.00
COMMlEQUlPMENT
$
115.00
$
175.00
$
325.00
HEADACHE
RACK
RACK
INSTALLA TIONIINTERFACE
PKG
HEADACHE RACK STROBE UGHTS
I..:s:...' _....:.:~::.:::::..9.90-1.00
I
9.0 0/0
$=
Bid Price
Options
Oplions:
Options
Bid Price
I
I
I
I
DELIVERY IN 60-90 DAYS
TUE:li of C. Unpublished
D.
Contract
E.
Delh·ery Charge,:
F.
Tot:d of A + B + C + D + E = F
G.
Quantity
H.
H-GAC Administr.llivc
L
~on-Equip
J.
TOTAL
Price Adjustment:
J:
miles
,q'
l:::s::::===~I
116.25
S.93/m.ile
F=
Fee [from Fee Scbedule, Table AI
PRICE INCLUDING
2,251.00 ,
Is
IS
5600.00 PER PURCHASE
ORDER
24.908.251
24,908.251
I:::s::::===~I
600.00
I
Ch:lrges & Credits
PURCHASE
1:::5::::=::=:::
1~5=====
(2.578.00)\
4X4 DISCOUNT
!.., "
Ordered
Options:
H-GAC FEE
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25.508.15
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FORT BEND COUNTY
DATE SUBMlTfED:
August 4, 2004
SUBMITTED BY: Troy Scalco, Director
AGENDA
DEPARTMENT: Environmental Health
# I (1()
PHONE NO.: 281-238-3532
\ 'XI)
SUMMARY OF ITEM: Transfer funds in the amount of $6,800.00 from Line Item 1012 IT Hardware Purchases to Line Item
1011 Capitalized Property & Equipment within the 2004 Environmental Health Department Budget. This transfer is being
made to allocate funds into the appropriate line item for equipment exceeding the allotted amount for Line Item 1612 IT
Hardware Purchases.
Yes ( )
No(x)
LIST SUPPORTING DOCUMENTS ATTACHED: Transfer form attached.
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes (x ) No ()
COMMENTS:
ANNUALIZED DOLLARS:
OneTime
N/A ( )
Funding Soorce:016-031..o312-1400
Fund 010 Agency 0312 Object 1011
N/A
(x)
Recurring
( )
Original Form Submitted with back up to County Judge's Office: (x)
CC with back up:
(x) Auditor
( x) Budget Officer
( x ) County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
()
( ,/ when completed)
( x ) Comm. Pct. 1
( x) Comm. Pct. 2
( x) Comm. Pet. 3
( x) Comm. Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
InstnJctions for submitting an Agenda Request:
1.
2.
3.
Completely fm out agenda form, incomplete forms win not be processed.
All original back-up must be received in the County Judges Office by 2:00 P.OL on Wednesday.
RECOMMENDATION I ACTION REQUESTED:
Approve transfer of funds in the amount of $6,800.00 from Line Item 1012 IT Hardware Purchases to Line Item 1011
Capitalized Property & Equipment within the 2004 Environmental Health Department Budget.
FORMB01
IN THE MATTER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY
FOR THE YEAR 2004
On \his the
day of
'-- __
' the Commissioners' Court, wlIh the following members being present:
County Judge
Commisaioner Precinct #1
Robert E. Hebert
Tom Stavinoha
Grady prestage
Meyers
Commisaioner Precinct #2
Commisaloner Precinct #3
Patterson
Anrtf
James
The following proceedings were had, to-writ,
THAT WHEREAS, theretofore, on september 9, 2003, the Court heard and approved the budget for the yesr 2004 for
WHEREAS, on proper application, the Commissioners' Court has _
an existing budget surplus to a budge!
of a similar kind and fUnd. The transfer does not increase the total of the budget.
The following transfers tQ said budget are hereby authorized:
Department Name:
Environmental
Health Dept.
0312
Department #:
TRANSFER TO:
AMOUNT
NUMBER
L1NE~TEM NAME
$6,800
01CJ..031-0312-140CJ..1011
Capitalized Property & Equipment
$6,800
~~=-
TOTALTRANSFERREDTO:~$
TRANSFER FROM:
IT Hardware Purchases
$6,800
01 CJ..031-0312-140CJ..1 012
$6,800
-..:::=::.;:...,
TOTAL TRANSFERRED FROM: ..::$:--
EXPLANATION: This transfer is being made to allocate funds into appropriate line item.
This item exceeded the amount allotted for purchase under Line Item 1012.
:,,~u.,
Department Head:
Date:
WHO" ""liARS
r/4/ot
ONLY
_
"1:
FORT BEND COUNTY
DATE SUBMTITED:
COURT
OFFICE
SUBMTITED BY: Troy Scalco, Director
DEPARTMENT:
Environmental
PHONE NO.:
281-238-3532
August 4, 2004
AGENDA DATE:
- COUNTY JUDGE'S
August 10,2004
Health
AGENDA
#
\~C-
SUMMARY OF ITEM: Transfer funds in the amount of $16.300.00 from Line Item 1010 Property & Equipment to Line Item
1011 Capitalized Property & Equipment within the FY2004 H-GAC Grant Budget. This transfer is being made to allocate
funds into the appropriate line item for equipment exceeding the allotted amount for Line Item 1010 Property & Equipment.
RENEWAL
LIST SUPPORTING
FINANCIAL
DOCUMENTS
A'IT ACHED:
(Xj
Transfer
No (~)
form attached.
SlJMJ.'\1ARY:
BUDGETED
ANNUALIZED
ITEM:
Yes (x ) No ()
Fund
Yes
CONTRACT/AGREEMENT:
One Time
N/A ( )
COM,'\1ENTS:
DOLLARS:
Funding Source:01lJ.")31-G04A-1400
010 Agency 0312
Object 1011
N/A
(I)
Recurring
( )
Original Fonn Submitted with back up to County Judge's Office: (I)
CC with hack up:
( :I) Auditor
( :I) Budget Officer
( :I ) County Attorney
( :I ) Purchasing Agent
( x) County Clerk
Instructions
1.
2.
3.
for submitting
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
()
(.,'
when completed)
Comm. Pet. 1
( x) Comm. Pet. 2
( .1) Camm. Pet. 3
( x) Comm. Pet. 4
( :I )
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
an Agenda Request:
Completely fill out agenda form, incomplete forms will not be proce~
Fa:< or inter-office copies of agenda form with ail back up information by Wednesday at 2:00 p.m. to
RECOMMENDATION
I ACTION REQUESTED:
Approve tran.-rer of funds in the amount of S16,JOt1.00 from Line Item 1010 Property & Equipment
Capitalized Property & Equipment within lbe FY2004 H-GAC Gr.lJlt Budget.
to Line Item 1011
FORMB01
IN THE MATIER OF TRANSFERRING OF BUDGET SURPLUS OF FORT BEND COUNTY
FOR THE YEAR 2004
On this the
day of
"'- __
' the Commissioners' Court, with the following members being pneeent:
Robert E. Hebert
County JUdge
Tom Stavinoha
Grady Prestage
The following
proceedings
AndyMeyeB
James Patterson
were had, to-writ,
THAT WHEREAS, theretofore, on September g, 2003, the Court heard and approved the bOOget for the year 2004 for
WHEREAS, on proper appllcetion, the Commissioners' Court has transferred an existing budget surplus to a budget
of a similar kind and fund. The transfer does not Increase thetotsl of the bUdget.
Department
Name:
Environmental Health Dept.
Department
#;
0312 {FY2004 H-GAC Grant}
TRANSFER TO:
UNE~TEM
NAME
NUMBER
Capnalized Property & EqUipment
AMOUNT
TRANSFER FROM:
Property & Equipment
$16,300
01 0-031-G04A-1400-1 011
~.:.:.:..:.:....
$16,300
...::$
$16,300
010~31_G04A-140o-1010
~.:.:.:..:.:....
$16,300
...::$
EXPLANATION: This transfer is being made to allocate funds into appropriate line item.
This item exceeded the amount allotted for purchase under Line Item 1010.
Department
Head:
Date:
V
,,<;;) r
\ ()~
Sent By: FBC LIBRARIES BUSINESS OFFICE;
261 341 2660;..
AU9·5i~4~~;'
,_..
Oo~. ~/ ..
FORT BEND COUNTY
,....1 \l 'J~ 'Tt.l'1f
j
.
RETURN TO: AGENDA COORD.-coumv
~OF ITEM:
UPPORTING
<?Z:O.22
\:'co ()
DOCVMENTS ATI'ACHlD:
- .
No (l
.y
ANNUALIUD
NIA()
SoutCiC,
030
I Fftrlll
I
yes
l-f
;"01 for .mbmirriag
I.
2.
3.
No~
Transmittal and Invoice
COMMENTS:
DOLLARS:
08eT'UIIe
()
RmmiBg
()
NIII.
(~
(21I1-341-3774)
(281-344-39!!4 )
(281-341 ....557)
(281-341-8642)
(281.341.1'97)
County Attorney
~uri:hllllling Agent
County Clerk
~_.y~
\
Submitted witb back up to County Judge's OOice: Yes t:/)
yell ~ 8adget Officer
yes b!l
;;I" '.{
Objeot 2000
CCwi b. back up:
yes~ <\uditor
yes~
.
,'~'
( ().')
::
BUDGETED JTl.M:
l'uad 0 0
~
.J
Approve payment of $$,720.58
~Q R~ltant ~ne~gy for services frQIl
7/2/04
through 7/27/04 for ehe Cinco Ranch Branch Lihrary.
FINAJ'{CIAL SUMMARY:
,100
/I
~
Fin09-
AI. CONTRACTfAGUEME1'IT;
LI5Y
AGJ:NDA
ITEM
DUAK'l'MENT: Library
PHONE NO.: 281 .. 341-2653
8/10/04
COmJT AGENDA DATE:
S
'CJ
SUBMJTI'ED BY: C~rol lJrow
$/5/Q4
DAn SUBMlTI'ED!
JUDGE'S OPPICE
yes 0<)
yes ()9
yes ~
yes ~
Co_. Pet.
Comm. Pet.
COlllm.Pet.
Comm. Pet.
1
2
3
4
(281-34.2-0587)
(281-403-800')
(281-242-9060)
(111-910-9077)
·
.
aD
A~da
Requeot,
I-.... p1eteJy fill 0_ .gada fOi1ll. iJow.pIctc rOnDa will DOtbe processed.
"" or ialCt'-Ollk:c: cop. of qeoda fona tritb d b...... lIp illfOl'1llldiOD lIy WcdDaday at 1:00 p.1L to ihc departlllarta
stIld aboye.
I lJriplai b......... p OIuSfbe reeen-tel ill ll!c C.......,. JudltCl ~
by 2:00 p.m. 08 Wednesday.
·
·
RECOMMENDAnON I ACTION REQUESTED:
Approve Reliant En&rgy payment for the Ciq~Q Ran~h Br~nch Library.
Sent By: FBC LIBRARIES BUSINESS OFFICE;
FORT IlENQ COUNT'!'
ACCO
12
!'In
INVOICE TRANSM ITTAl
AUDITOR
PAYABLE
f 1\0--0 :\()-rr~\:Y)-....l1I A )\J
li
01
i\0(ir(:; rn'l4
Y IS-
Page 3/4
Aug-5-04 14:59;
261 341 2660;
County Audilor Fo<m 1016
IRev
OS/871
Vendor Na
Address
Vend r Numbe(
Purch se Order Numbed,)
Cily
St.I9
l.iSt I
volee Numa.,.
J,lo>L/- C1cX) J J 1../ ""}~..,
eOL ir'Ity
Auditor'S
use
Only
Total
IAN Flecelved:
--
ChECk Type:
COI t>m,SSion.($
Aul ired By:
CQurt Dale:
~~
Authorized
Department
Approval
Po: ed By:
Ch eked By:
Rec elved:
Treas urer's Register Stamp anti NLimber
Pal :
Sent By: FBC LIBRARIES
\XrEiieiil.
QUMtiona
~Ii.nl
Energy
"'c' E. J
INV....
....
• II'1ML.
r.
Riliiril £n.ii9 AecOiliil: 3 442 042 • 2
BAOOICSTClNe
lP
Cllrtlllll
dlle dele """
P.O, SOX 3765
Io1OUSTQN TX 77253.3755
Vi$# Our n-.
al 'i&IWIrI."'Ivn.comJbusinese
lledioal-.l S........
CUlIlo",.,
-,
- Friday 111."., - 7 P,M.
nl4a "" l<>Y-free,
.l[~"
..,..,.
pr~._nl~..AS
not
0.,,,, Du.
Amounl
Coo,.
DO Do.... for Hearing
I npoJ,.,(!; 1.asa.487~S~
mail 4.1. at: .~relilil:nt.oam
lion. Enet\ly ~
8orvi...
/lIIiOll'.: 10007
Page 4/4
15:00;
ell.tom .. N"",.:
Or Comments?
.... _·tlD6·
Aug-5-04
281 341 2680;
BUS.INESS OFFICE;
Du.
.-mGUnt DUll .-
D... DeIIt :
""'13_78
"8,127.13
Account Silmmary
eilllng DIne: Aug
Prevloua Amount OlHl
PER ORIGINAL·
. ....
!
2, 2004
PaYlnelJl
-
$10,007J15
OJl(l
10.0117.15
. 8,720:il8
~
vice~
COOMEFllCAl CENTER al VD
KA Y TX n-4&l .
26
Cumtnt. Electric:
as CJooyBilling
.... ......
$l8,m.~
Cm.roes _i/
Period F"'1li 07.02/200.
To 071i!712OQ4
"'.,
rvlc.·MG9
:',
e- M_ly ChorgG
Oe"""nd
CI,a'1l<l
Energy.,,-,go:
Fiiot 29250 kVVh
29250-69030
kWh
All Addltion.i I<\IIh
Fuel Cl1fit
Sta .. $0,." T..
Ie Usage lJeUIi'
TOllI'
2548
2ffij
.. 17,1/lol
UQ.S4!
29,250 K_ 0 $O,0411ll271i<WH
39,7llO KWI1/1IO,021180li1i<WH
4,3'.
6.20%
KWWO 1O,005148IKWH
73,3« KiII>j@ $o.oSSII48/l(Mt
eur,.m ClIo ....
The .""rag.
",100 1'0" POid fur ,'oetrie
"'''''''0 rllOOl1k>nlh(por kWh)
192
73,3."
23. f(VA
UCElVJl:D
AU& 03 2D04
-'"
"-"'-
..
"1eI•• ~!I
CAI/.E,
17,IS, M'lf)
DotIeticn·
this POrtion WIth your pay_nt. Make ch.ck PO)'abie ro, Reljonl <norgy
$
RtlItlnt
En"'Uy
Da~ Dw
0811812004
11... 11, 111... 1.1.... 1,11.. ,.,.1 .. 11... ".1 ...• 11'/'/.' ... 11
IIflOOK TONE LP
3715
HOII$T
8T
TX 71OlI:l-4l805
AQcount: 3 442 IN:! • 2
AmOUnt Due
$ 18,727.73
After bWl UtIle
"8,103.7'
AMOUNrPAID$.
.__
•
_
Mail PB}lmGnf to:
IH:llANT E'JlERQy
PO BOX 4832
HoUsTON TlC 77;11
0._
"".II••,',,1.1 ... 'III .... 1••11,, .... II...,./••1,•••/. 1/1... /
1,431.11 :
1,18$,8-4:
:lUt,
4,910.al :
.M .
" ,.-_"
COMMISSIONERS
FORT BEND COUNTY
/.6,\.:J C .
COURT AGENDA REQUEST FORJ."\1
RETUR'l TO: AGENDACOORD.-COUNTY Jl.JDGE'S OFFICE
DATE SUBMITTED:
SUBMITTED BY: Kathleen Barnes
DEPARTMENT: Sheriff's Office
PHONE NO.: 281341-4703
July 30, 2004
AGENDA
#~M
SUMMARY OF ITEM: Replacement keys made without a Purchase Order
Yes ()
No (X)
LIST SUPPORTING DOCUMENTS ATTACHED: Invoice transmittal and Invoice from Corporate Exchange Limited
FINANCIAL
SUMMARY:
Yes(X)
No()
OneTime
N/A( )
Funding Source:
Fund 151 Agency 027 Org 2703 Object 3000
Original Form Submitted
CC with
yes ( x)
yes ( x)
yes ( x)
yes ( x)
yes ( x)
COM:\;IENTS:
ANNUALIZEDDOLLARS:
BUDGETED ITEM:
( )
Recurring
( )
N/A
(X)
with back up to County Judge's Office:
back up:
Auditor
Budget Officer
County Attorney
Purchasing Agent
County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
( x ) Comm.
( x ) Comm.
( x ) Comm.
( x ) Comm.
Yes ( x )
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
L
2.
3.
Completely fill out agenda form, incomplete forms will not he processed.
RECOMMENDATION / ACTION REQITESTED:
FORT BEND
COUNTY
AUDITOR
ACCOUNTS PAYABLE
County Auditor Form 1016
( Rev. 03/97 )
INVOICE TRANSMITTAL
14 Digit Distribution
151 02727033000
Vendor Name
X
Corporate Exchange Limited
Vendor Number
880321924
Purchase Order Number (s)
City
State
Zip Code
Date
7/30/04
Description !Invoice
Amount
Numbers
Replacement keys
Total
$
18.78
$
18.78
County Auditor's Use Only
-1
Check Type
Authorized
Audited By
-----------------1
Treasure~s
Department Approval
Register Stamp and Number
Received
Paid
INVOICE TRANSMITIAL
FORM
FORM B01
IN THE MATTER
On this
10th
the
OF TRANSFERRING
OF BUDGET SURPLUS
FOR THE YEAR 2004
day
August,
of
2004, the Commissioners' Court, with the following members being present:
County Judge
Robert E. Hebert
The following
proceedings
THAT WHEREAS,
Fort Bend County;
WHEREAS,
of a similar
Tom Stavinoha
Grady Prestage
Andy Meyers
James Patterson
were had, to-writ,
theretofore,
on September
transfers
Department
Name:
TRANSFER
TO:
9,2003,
the Court heard and approved
the Commissioners'
The transfer
Court has transferred
does not increase
an existing
budget surplus to a budget
the total of the budget.
to said budget are hereby authorized:
0100270271
Sheriff - Detention
LINE-ITEM NAME
AMOUNT
NUMBER
$3,000
$250
1012
3040
I T Hardware
Software
TOTAL TRANSFERRED
TRANSFER
the budget for the year 2004 for
and
kind and fund.
The following
OF FORT BEND COUNTY
$3,250
2.:2:=::::::"
TO: .::$~
FROM:
TOTAL TRANSFERRED
EXPLANATION:
$3,250
6026
Communications Equip
$3,250
-"==:..
FROM: .:;$
Hardware and software to attach to the new T-1 line in the jail.
Date:
SE WHOLE
THE
BY:
Original to Budget Officer cc: Commissioners Court
DOLLARS
August 4, 2004
ONLY
OF BUDGET SURPLUS
OF FORT BEND COUNTY
FOR THE YEAR 2004
On this the
10th
day of
-!.!!!ll!!!!.
August
__
' 2004, the Commissioners' Court, with the following members being present:
COUhty Judge
Robert E. Hebert
The following proceedings
THAT WHEREAS,
Tom Stavinoha
Grady Prestage
Andy Meyers
James Patterson
were had, to-writ,
theretofore, on September 9, 2003, the Court heard and approved the budget for the year 2004 for
WHEREAS,
of a similar kind and fund.
The following transfers
Department
Name:
LINE-ITEM
TRANSFER
the Commissioners'
an existing budget surplus to a budget
The transfer does not increase the total of the budget.
to said bUdget are hereby authorized:
Department
Sheriff
NAME
TO:
Overtime
Social Security
Retirement
AMOUNT
NUMBER
Multi-Year
010-027 -G04C-1600-0202
010-027-G04C-1600-0300
010-027 -G04C-1600-0400
TRANSFER
FROM:
State Reimb. (Increase)
010-027 -G04C
#:
$
1,786
136
190
$
2,112
$
2,112
$
2,112
Multi-Year
010-027 -G04C-STA T
Date: August 4, 2004
cc: Budget Office (original), Commissioners, County Judge, County Auditor
FORT BEND COUNTY
RETURN TO: AGENDA COORD.·COUNTY JUDGE'S OFFICE
SUBMITTED BY: Marsha P. Gaines
DEPARTMENT: Tax Assessor /Collector
PHONE NO.: 281·341·3730
DATE SUBMITTED: August 04, 2004
AGENDA DATE: August 10, 2004
SUMMARY OF ITEM: Overpayments of $500.00·· $1,686.02
Yes ( )
No()
LIST SUPPORTING DOCUMENTS ATTACHED
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ( ) No()
Fund
N/A()
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: Yes ( X)
CC with back up:
yes ( x) Auditor
yes ( ) Budget Officer
yes ( x ) County Attorney
yes ( ) Purchasing Agent
yes ( x ) County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes (x
yes ( x
yes ( x
yes ( x
) Comm. Pet. 1
) Comm. Pet. 2
) Comm. Pet. 3
) Comm. Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
1.
2.
3.
Fax or iuter·office copies of agenda form with all back up information by Wednesday at 2:00 p.m. to
Please approve & record the amount of $1,686.02 for over-$500.00 refunds
from the office of Tax Assessor Collector Marsha P Gaines
AGENDA
#~11l
.. "' ....
.. "''''
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en
wen
Zen
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FORM B01
OF BUDGET SURPLUS
FOR THE YEAR 2003
On this the
26th
day of
August
, 2003, the Commissioners'
~\13
OF FORT BEND COUNTY
Court, with the following members
being present:
County Judge
Robert E. Hebert
Tom Stavinoha
Grady Prestage
Commissioner
Andy Meyers
Precinct #2
James Patterson
Commissioner
Precinct #4
The follovving proceedings were had, to·writ.
THAT WHEREAS, theretofore, on September 24, 2002, the Court heard and approved the bUdget for the year 2003 for
WHEREAS, on proper application, the Commissioners' Court has transferred an existing budget surplus to a bUdget
of a similar kind and fund. The transfer does not increase the total of the bUdget.
Department Name:
TRANSFER
..:T"'AX=..:O:.:F..:F..:I..:C..:E=-
-Department #:..: __
-=.c=
003
TO:
LINE-ITEM NAME
AMOUNT
NUMBER
I T HARDWARE
$ 1,465.00
010-003-0030-1 012
010-003-0030-3040
IT SOFTWARE
232.00
$ 1,697.00
--='--=:c.:..:..:...:..=.._
TOTAL TRANSFERRED TO: .:$
TRANSFER
OFFICE
_
FROM:
010-003-0030-1062
$ 1,697.00
TOTAL TRANSFERRED FROM:.::$~
$ 1,697.00
--.::~==..:..::.=-
SUPPLIES
EXPLANATION:
The personal computer requested is for the Automobile Dep!. in the
Richmond office. The Director & Div. Supervisor each have a PC but the other 10
employees in the department have to share an outdated PC manufactured in Feb.'99
wlWindows 95 that per MIS can not be upgraded to 2000. Another computer is essential
to anable the de artment to function
re efficientl .
Date:
E DOLLARS
Original to Budget Officer cc: Commissioners
Court
4-Aug-04
ONLY
FORT BEND COUNTY
,,,",'3
DATE SUBMITTED:
August
SUBMITTED BY: O'Neal Krisch
PHONE NO: 281-341-8606
4,2004
COURT AGENDA DATE: August
- COUNTY JUDGE'S OFFICE
10, 2004
SUMMARY OF ITEM: TAKE ALL APPROPRIATE ACTION TO ENTER INTO AN INTERLOCAL
AGREEMENT FOR REGIONAL EMERGENCY/TRAUMA CARE PLANNING AND COORDINATING
PROGRAM, AND AUTHORIZE THE PAYMENT IN THE AMOUNT OF $3,000, FUNDING SOURCE
Yes ()
0
No ( )
FINANCIAL SUMMARY:
ANNUALIZED
BUDGETED ITEM:
Yes (X
Fund
Form
CC with
(
(
(
(
(
Submitted
with
back up:
) Auditor
) Budget Officer
) County Attorney
) Purchasing
Agent
) County Clerk
Instructions
3.
N/A ( )
Funding Source:
Agency
Object
Original
1.
2.
) No ()
for submitting
back
COMMENTS:
DOLLARS:
One Time
()
Recurring
N/A
()
( )
up to County
Judge's
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
Office:
(
(
(
(
(
) Comm.
) Comm.
) Comm.
) Comm.
( " when
Pet.
Pet.
Pet.
Pet.
1
2
3
4
completed)
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
an Agenda Request:
The County has been asked to financially support the Emergency Trauma Care Policy Council in the amount of $3,000. The
council was formed in 2003 due to serious regional problems of overcrowded emergency rooms, increasing hospital diversion of
amhulances, and delays in making needed patient tr sfers.
,-\ ~$0,\
0 " £2.'
~
A.AAII
Houston-Galveston
Officeof the ExecutiveDirector
Area Council
July 21,2004
The Honorable Bob Hebert
County Judge, Fort Bend County
County Courthouse
301 Jackson
Riclunond, Texas 77469
Deadndge.Hebert:
Ea~~ljling
to,.:requ~.the County's financial support forl,continuiitgcH"GAC~s
,=~,"'~:!~~i~
.C~~olicy;Councik (Coun~~X.:yTlietC~unci~is:,~ '??pcy-oriented
:t:;co "Il
'f .s~~f*hea1fu:i.tc~p:rofessI~s;~hqSPIta1
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.,~\:;;pro~,
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,,~cil'wltormedtin'Apt;ll{0f2003lt~e1ttlf;eriouS;i~li,,''Problemiliof
;; overmUiWd ,.",'."enQ,~ToomsPrcreasiiiifh()spifafdiv;emom:of airiIi'iilii:riaancLdelays
: iU'iri~(I;&Ji~"l~'·'"'afi.Millinsf~sii,Tlie,@'otmcilif~iti~Vision--.::".'
,
',:;f",'-~}~~%\·~~>;·
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_
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,.,.ate~ift~trf1Politan ;!f~a,
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'."
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'a1UJf!:~ergency,,~nsei'E:system~
.''Cl11'!:4~!,'opriatl1!ifacilitji.ifor,eve~som,withinfln,Ji$houJofta,critiCal
hd\li:(,ofailll&j()r"traUll1ltincid~Irt!,~incr~
I'.;'fCharill, ...
·.~f~s".,
•. ")I...·~.ir.al..FIi.,.•.•
,'.•."l:a,'.···.t. 'me~t'lfOrmajO~traum,.~.US.' • uall~occurs;i~~llie',re.1iJ.ilinlstmee'
f Eeveli",tfi~iliti~,
Ben''tTaub,MemoriaLHermanmand' B'l::MB-cwhlire:care;is
provic$.\toti;ij~ls thrcI11ghoutthe:regiom','"
.
incid~i:;
.,".'.'".ilingq~withimone
'm.;".,.' ..
·,,'~:,:~k\\,':'::'f~,,:'i~J~;
,':'\\:\:" ",;: ),)'~;r,
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,-_,:;:;
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'~,'~fuiIdiilthe~ciliha-ji:onveD.ed1~lt~'
',; '''''''',;1.,'\1.,''''--',
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g;,
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>, ""':',~';;i~~;;:
','.
"~
/;i
ita1~'. promOte
vol~Y'!'filll~()I1S. m:tlioSpit1Utdiversio~l1lIs
de'l~oped)J~plan."foJm~o~"needed
to bettlmcoord:iiiate the"system;c'andhas"encourageI:IzEevehIII trauma faCIlItiesto take
more'patienlS,with less' severe injuries, freeing capacity at Level I trauma facilities. The
Councilj\isaiso monitoring legislative issues impactingemergencyand\tranma
care
operationsand'has soughtfunding. to look.at longcterm needs for theregion~s EMS.and
traUffilllhospitals.While the Council has made good,initial progress,',mnchmore needsto
be done;'
:,.,.",.~c",~,,:/
.'-<';:-"":~:;'.
MaIling Address
PO Box 22777
Houston, Texas n227-2777
Phone 713-627-3200
o
Recycled
:"" ..",' PhySi
lane, Sulta120
Houston, Texas 77027::6466
Phone 713-_62~-3200
3555 T1mfflons
The Honorable Bob Hebert
July 21, 2004
Page Two of Two
H-GAC's Board of Directors has reviewed the Council's work to date and
proposecrwork for next year, and agrees that the region should share m supporting the
Council's work. A financial plan has been developed providing enhanced staff support.
The plan relies primarily on financial assistance from the region's hospital systems and
trauma care hospitals. Because emergency/trauma care is a public health issue, the plan
also involves support from counties through interlocal agreements.
Information on the Council, its funding plan and the interlocal agreement are
enclosed. The ability of our trauma care system to respond to major trauma incidents is
an important regional issue. We hope you will agree to participate in supporting this
program, indicating your support by returning a signed copy of the interlocal agreement
by October 15, 2004.
If you have any. questions aboutthe..Emergencylfrauma.Care
this requestipleas~contactme
or Steve;Howard at (713) 627-3200.
Sincerely,. .
,~
Jack Steele
JSiSh
.
.Ei:lclosuti:S"
cc:' ComIirissiom:Il'Andy Meyers, Fort Bend County. (w/enclosures)
Policy Council and
INTERLOCAL AGREEMENT FOR REGIONAL EMERGENcyrrRAUMA
CARE PLANNING AND COORDINATION PROGRAM
This Agreement is entered into between Fort Bend County, sometimes called the
"County", a body corporate and politic under the laws of the State of Texas and the
Houston-Galveston Area Council (H-GAC), a commission operating under the Texas
Local Government Code, chapter 391.
WHEREAS, the health and safety of its citizens is of utmost concern to the
County; and
WHEREAS, the Houston-Galveston area has experienced severe problems with
its emergency and trauma care health system including overcrowded hospital emergency
departments, emergency department diversion of ambulances, inadequate intensive care
capacity and delays in transferring patients; and
WHEREAS, H-GAC has formed an Emergency/Trauma
(Council) to address these and related public health concerns; and
Care Policy Council
WHEREAS, the Council includes representatives from the County and the
remaining twelve counties in the H-GAC region and provides a formal structure for a
coordinated regional emergency health care response system; and
WHEREAS, H-GAC is requesting all counties in the H-GAC region to enter into
interlocal agreements to support the work of the Council, and is also requesting major
financial support from hospitals; and
WHEREAS, under the provisions of the Interlocal Cooperation Act, Chapter 791,
Texas Government Code, H-GAC and the County are authorized to enter into agreements
to perform governmental functions and services, and under Texas Local Government
Code § 391.005, H-GAC and the County are authorized to contract together for H-GAC
to perform certain services for the County.
NOW THEREFORE, in consideration of the premises and mutual covenants
herein contained, H-GAC and Fort Bend County agree as follows:
I
Fort Bend County agrees to contract with H-GAC to conduct a regional
emergency/trauma care system planning and coordination program (Program) as defined
in the scope of services attached hereto as Attachment A.
1
II
H-GAC agrees to conduct the scope of services in accordance with applicable
laws and regulations. It is understood and agreed that H-GAC shall not be authorized to
bind the County in any way and that H-GAC shall operate as an independent contractor.
Nothing herein shall be construed to make the H-GAC or any of its agents or employees
an agent or employee of the County.
III
The County agrees to compensate H-GAC THREE THOUSAND DOLLARS
($3,000) for the period of the Agreement. H-GAC will invoice the County for the entire
amount of the Agreement no later than March 31, 2005 and the County agrees to pay HGAC within 30 days of receipt of the invoice.
IV
H-GAC shall maintain records adequate to verify the costs incurred in conducting
the Program and shall afford Fort Bend County and its authorized representatives the
opportunity to inspect and audit such records upon reasonable notice. Records relating to
the Program shall be maintained for three (3) years after the expiration of the Agreement
or until all claims or disputes relating to the Agreement are resolved, whichever is later.
H-GAC shall promptly reimburse the County any amounts determined not expended in
furtherance of this Agreement.
V
Either party may terminate this Agreement for any reason without further
obligation by providing thirty (30) days advance notice. Within sixty (60) days after
termination, either under this provision or any other, H-GAC shall provide the County a
final statement of expenses and payments due, if any.
VI
H-GAC is responsible for administering the Program. H-GAC's project manager
for this Agreement is Steve Howard.
VII
H-GAC shall notify Fort Bend County of any public meetings conducted in
association with the scope of services. H-GAC shall also provide the County an annual
report of Program activities and expenditures authorized by the Agreement.
VIII
Subject to earlier termination as set forth above, the term of this Agreement shall
commence on January 1,2005 and continue through September 30, 2005.
2
IX
All notices required by this Agreement shall be in wntmg and delivered
personally or sent by certified U. S. mail, postage prepaid addressed to each party as
follows:
ToH-GAC:
Mr. Jack Steele
Executive Director
P. O. Box 22777
To Fort Bend County County:
Bob Hebert
County Judge
County Courthouse
301 Jackson
Notice shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. The parties may change the above address by sending
written notice of such change to the other in the manner provided for above.
X
The entire Agreement between the parties is contained herein and no change or
modification of this Agreement shall be valid or enforceable unless it is in writing and
signed by all parties.
EXECUTED for and on behalf of the parties as follows:
ATTEST:
By
Title
_
----------
Date_,.",-
_
Date
_
:R7Il!Jw
Bob Hebert, County Judge
Date
3
f/uqu S"t 10) :;oo!
Attachment A
Scope of Services
Regional EmergencylTrauma
Care Planning and Coordination
The tasks enumerated in this attachment will be undertaken in support of a program of
regional emergency/trauma care planning and coordination. The tasks support the vision
of the Council for "a coordinated metropolitan trauma and emergency response system
that provides access to an appropriate facility for every person within one hour of a
critical incident." The work of the Council will focus on objectives that improve the
system including efforts to--l) reduce hospital diversion of ambulances, 2) reduce delays
in transfer of patients to appropriate trauma facilities, 3) improve utilization of existing
resources and 4) support capacity increases as needed.
Task I-8upport
the EmergencylTrauma
Care Policy Council .
H-GAC will provide staff support to the Council and its committees. The staff support
includes maintaining Council membership information, producing minutes, and arranging
meetings and providing meeting notices. In addition, H-GAC will provide short-term
research needed by the Council to perform its work.
Task II-Legislative
and Regulatory Information
H-GAC will provide research and information needed by the Council to monitor
legislation and regulations that affect the emergency/trauma care system. The Council
will continue to monitor state implementation of lIB 3588, which provides funding for
uncompensated trauma care and for EMS improvements. H-GAC and the Council will
also monitor other opportunities for funding of trauma facilities and EMS enhancements.
Task m-Coordination
of Services
H-GAC and the Council will undertake short-term initiatives to better coordinate the
emergency/trauma care system to maximize use of the current system. These activities
may include but are not limited to efforts to a) increase the number of trauma patients
cared for by Level III hospitals, b) improve communications between EMS and hospitals,
and c) support initiatives that reduce use of emergency departments for primary care.
Task IV-Long-range
planning
Subject to available funding, the Council and H-GAC will conduct long-term studies on
the need for future trauma facilities in the region and address the long-term capacity and
needs for EMS services.
Task V-Data development for monitoring the emergency/trauma care system
H-GAC and the Council will develop and implement a system for monitoring the
operation of the emergency/trauma care system. The data developed and analyzed will
used to identify challenges and opportunities to improve care, system performance and
support requests for state and federal funding for improvements.
5
Emergencyrrrauma
Proposed annual program budget:
Care Policy Council Funding Plan
$300,000
Funding Sources: The Council funding plan includes support from area hospitals and from
County governments. Hospital funding is requested from the region's largest hospital systems,
designated trauma hospitals and hospitals actively seeking trauma designation. Hospital ftmding
is calculated on a ftmding share per bed multiplied by the number of staffed beds.
County ftmding is based upon share of regional population with a minimum $500 amount.
Hospital Funding:
Hospital/System
Bellville General Hospital
Brazosport Memorial Hospital
Sweeney Community Hospital
Bayside Hospital
Rice Medical Center
Columbus Community Hospital
Polly Ryon Community Hospital
Memorial Hermann System
The Methodist Hospital System
UT Medical Branch Hospital
Bellaire Medical Center
Riverside General Hospital
Houston Community Hospital
HCA System
Christus System
St. Luke's Hospital System
Texas Children's Hospital
Harris County Hospital District
The Tenet System
Doctor's Hospital-Tidwell
Cleveland Regional Medical Center
Matagorda General Hospital
Gulf Coast Regional Medical Center
Totals
Total staffed beds
26
156
20
14
25
36
92
2324
1288
758
194
64
39
1825
626
664
431
1056
858
200
107
67
128
10,998
Funding formula amount
$ 602.84
3,617.02
463.72
324.60
579.65
834.70
2,133.12
53,884.34
29,863.61
17,575.01
4,498.09
1,483.91
904.26
42,314.51
14,514.46
15,395.53
9,993.18
24,484.45
19,893.62
4,637.21
2,480.91
1,553.46
2.967.81
$255,000.00
CountylH-GAC Fnnding
County
2002 population
Austin
Brazoria
Chambers
Colorado
24,596
257,256
27,244
20,384
Funding amount
$ 500
2,000
500
500
(over)
Q Everyone Rowena Trauma 2004 Folder 04 Program Budget 7121/200411:30 AM
Emergencyffrauma
Page 2
Care Policy Council Funding Plan
2002 population
399,537
261,219
3,557,055
73,739
37,954
328,449
62,388
34,057
41.329
5,125,207
County
Fort Bend
Galveston
Harris
Liberty
Matagorda
Montgomery
Walker
Waller
Wharton
Totals
Funding Amount
$ 3,000
2,000
26,700
600
500
2,500
500
500
500
$40,300
$ 4,700
H-GAC
CountylH-GAC
total
Total All Funding Sources
$45,000
$300,000
Q Everyone Rowena Trauma 2004 Folder 04 Program Budget 7121/200411:30 AM
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Emergencyrrrauma
Care Policy Council
Background
In early 2003, the Houston-Galveston Area Council (H-GAC) Board of Directors created the
Emergency/Trauma
Care Policy Council to address serious issues facing the region's
emergency/trauma care system. Those issues include overcrowded emergency departments, full
intensive care units, high numbers of uninsured patients, nursing shortages, difficulties in
transferring patients, and increased diversion by major trauma facilities.
Several studies recommended
problems.
a coordinated,
regional system approach to addressing
these
Purpose
The EmergencylTrauma Care Policy Council provides a formal structure for regional planning,
coordination and accountability for the metropolitan trauma and emergency medical response
system.
Functions
The Council is authorized to conduct the following activities:
• Develop regional emergency/trauma care plans;
• Recommend policies and standards and promote their adoption;
• Collect data and monitor the emergency/trauma care system;
• Monitor legislative and regulatory issues and recommend legislative policies;
• When appropriate recommend distribution of funds for system enhancements; and
• Provide oversight and guidance in implementing emergency/trauma care planning
and policy-making activities.
Relationship to H-GAC
The Council is a committee of the Houston-Galveston Area Council. H-GAC-• serves as staff to the Council;
• provides fiscal administration;
• approves plans and contracts; and
• appoints the Policy Council.
Council Membership
The Council is representative of the emergency/trauma care system in the thirteen county region.
Its members include EMS providers, hospitals, health care professionals, chairs of the region's
two trauma system Regional Advisory Councils (RAC) and others. The H-GAC Board of
Directors approves all appointments.
Council members are listed on the attached pages.
Council Meetings
The Council meets the first Friday of every other month, beginning in February each year, at I
p.m. Meetings last no more than one and one-half hours and are held in H-GAC's Conference
Room A, second floor, 3555 Timmons Lane in Houston.
Q
Rowena EIT trauma 2004 7/21/2004
11 :27 AM
EmergencyfTraurnaCare Policy Council
Page 2 of3
Emergencyrrrauma
Care Policy Council Members
JOE ANZALDUA, M.D.
KING HILLIER
Medical Director, EMS
Sugar Land
Director, Legislative Relations
Harris County
RALPH BEATY
ALLEN JOHNSON, Secretary
Administrator & CEO
Huntsville Memorial Hospital
EMS Director
Montgomery County EMS
DAVID BLEAKNEY
MIKE KOEN
Administrator
Angleton-Danbury
President
Liberty County Emergency Medical
Services, Inc.
Hospital
CARL S. BOWLES
CPA, Member, Save Our ER's
GREG KUNKEL
Galveston EMS
GUY CLIFTON, M.D., Chair
Professor and Chairman
Department of Neurosurgery
UT Medical School at Houston
DAVID LOPEZ
KIMBERLY CONNELL
MIKE LESTER
Vice-President Operations
The Methodist Hospital
Director of Health and Emergency Services
Baytown Health Department
Interim CEO
Harris County Hospital District
RONALD COOKSTON, Ed.D.
KENNETH MATTOX, M.D.
Director
Harris County Gateway to Care
Professor and Vice Chairman
Michael E, DeBakey Department of Surgery
Baylor College of Medicine
JAMES "RED" DUKE, M.D.
University of Texas Medical School
BILL MILESKI, M.D.
TOM FLANAGAN
Chief of Trauma Service
UTMB
Administrative Director
Emergency Service and Life Flight
Memorial Hermann Hospital
MATT MINSON, M.D., Vice-Chair
Harris County Public Health and
Environmental Services
SHELLEY SEKULA-GIBBS, M. D.
Council Member
City of Houston
MICHAEL MORRIS
CEO and Administrator
Bellville General Hospital
RENEE' GRIFFITH
Trauma Coordinator
Matagorda General Hospital
MICHAEL MURPHY
CEO, Gulf Coast Medical Center
Wharton, Texas
DAVE HELFER
Senior Vice President & Executive Director
Health Network
St Luke's Episcopal Hospital
Q Everyone Rowena Err trauma 2004 7/21/2004
RAY NOLAN
EMS Chief
City of La Porte
11:27 AM
Emergencyrrrauma
Page 3 of3
Care Policy Council
HERMINIA PALACIO, M.D.
Executive Director
Harris County Public Health and
Environmental Services Department
BOB PASCASIO
CEO
Bayside Hospital
MAXINE PATE
BrookshirelPattison
EMS
DAVID E. PERSSE, M.D.
Physician Director of EMS
City of Houston
DAVID ROWE
CEO
Polly Ryon Memorial Hospital
TIM SEAY, M.D.
Regional Medical Director
Greater Houston Emergency Physicians
KAREN SEXTON
University of Texas Medical Branch at
Galveston
JOAN E. SHOOK, M.D.
Chief, Emergency Medical Department
. Texas Children's Hospital
JEFF SUNDSETH
EMS Director
City of Pearland
R. RUSSELL THOMAS, JR., D.O,
M.P.H.
Eagle Lake, Texas
JEFF WEBSTER
Administrator
Christus St. Joseph's Hospital
JANICE ZIMMERMAN, M.D.
Harris County Medical Society
Q Everyone Rowena Err trauma 2004 7121/200411:27 AM
RECORDED ON \ -
\f) .\>li
IN THE COMMISSI~?>~n
MINUTESOF.
.
COMMISSIONERS
FORT BEND COUNTY
DATE SUBMITTED:
SUBMITTED BY:
PHONE NO.:
281-341-8608
8/4/2004
COURT AGENDA DATE:
8/10/2004
SUMMARY OF ITEM:
Take all appropriate action on Resolution in support of Fort Bend County's project submittal to
the 2006-2008 Transportation Improvement Program for the Houston-Galveston Area Council, and authorize application by the
County for grant funds for the 5307 Program.
Yes ( )
FINANCIAL
Fund
Proposed Resolution
SUMMARY:
BUDGETED ITEM:
Yes(
No()
)No()
N/A()
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
()
Recurring
NIA
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( '" when completed)
If by E-Mail to [email protected]
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pct. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pct. 2
(281-344-3954)
( ) Budget Officer
(281-242-9060)
(
)
Comm.
Pct.
3
(281-341-4557)
( ) County Attorney
(281-980-9077)
( ) Comm. Pct. 4
(281-341-8642)
(281-341-8697)
( ) County Clerk
1.
2.
3.
Wednesday at 2:00 p.rn. to the departments listed above.
RECOMMENDATION
1 ACTION REQUESTED:
THE STATE OF TEXAS
§
COUNTY OF FORT BEND
§
RESOLUTION
IN SUPPORT OF FORT BEND COUNTY'S PROJECT SUBMITIAL TO THE 20062008 TRANSPORTATION
IMPROVEMENT PROGRAM FOR THE HOUSTONGALVESTON AREA COUNCIL AND A COMMITMENT TO A MINIMUM 20% LOCAL
SHARE MATCHING FUNDS.
WHEREAS, Fort Bend County, Texas Department of Transportation (TxDOT) and the
Houston-Galveston Area Council (H-GAC) are currently completing a comprehensive
Fort Bend County Transit Plan ("Transit Plan"); and
WHEREAS, the Fort Bend County Transit Plan identifies the priority transit projects and
services for the next 20 years; and
WHEREAS, the draft Transit Plan includes the following projects that have been
identified as candidates for the region's 2006-2008 Transportation
Improvement
Program:
Westpark Park & Ride
Sienna Plantation Park and Ride
Demand Response Vehicle Acquisition
CMAQ (Congestion Mitigation Air Quality) Park and Ride New Service Funding
FTA (Federal Transit Act) Section 5307 Formula Funding Planning and Capital
WHEREAS, Fort Bend County has also identified $600,000
(federal) planning and capital projects for FY 2004; and
in FTA Section 5307
WHEREAS, the projects contained within the draft Transit Plan have undergone public
outreach, including 10 separate meetings throughout Fort Bend County; and
WHEREAS, the Houston-Galveston Area Council (H-GAC), as the Metropolitan
Planning Organization (MPO), is responsible for the programming of transportation,
transit and air quality projects for the eight-county Houston-Galveston Transportation
Management Area (TMA).
WHEREAS, the projects identified above are included in the 2025 Regional
Transportation Plan (RTP) , and its extensive associated public outreach process and
separate public meetings.
WHEREAS, Fort Bend County commits to a minimum of 20% local share funding
support of these projects from one or more of the following resources:
General Fund
Bonds
State of Texas Toll Road Credits
In-Kind contributions from the Fort Bend County and/or other local entities and partners
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONER'S COURT FOR
THE COUNTY OF FORT BEND THAT THIS RESOLUTION IS HEREBY ADOPTED.
PASSED AND APPROVED this kLth day of August, 2004 at a regularly scheduled
m!:liNingofthe Fort Bend County Commissioner's Court.
,
_:>-._
i-
"
,,"
~"
.~.
!., '
,
'" .-/
....
,,-">? ..
By:
Dianne Wilson, Ph.D, County Clerk
Ilj: transit resolution.5307 funds.2004.doc:3526:0B0404
v\ .()l\
RECORDED ON ~
IN THE COMMISSI~E~C~RT
MINUTES OF:
- D'
.
•
FORT BEND COUNTY
COMMISSIONERS COURT AGENDA REQUEST FOJ
~d.c.....
RETURN TO AGENDA COORDINATOR - COUNTY JUDGE'S OFFICE
I DATE SUBMITTED:
I COMMISSIONERS
August 2, 2004
DEPT. SUBMITTED BY: ADMINISTRATIVE SERVICES
COURT AGENDA FOR: August 10, 2004
DEPT. PHONE NO.:
281·344·3950
SUMMARY OF ITEM: ADMINISTRATIVE
SERVICES:
Take all necessary action to adopt a
resolution in support of Community Centers to provide services to people with mental retardation.
This resolution is submitted by Texana MHMR Center as a result of action proposed at the State
level under HB2292 to only allow Community Centers to be the "provider of last resort".
RENEWAL CONTRACT I AGREEMENT:
Yes ()
No (X)
LIST SUPPORTING DOCUMENTS ATTACHED: Memorandnm
Resolution.
(Back-up documentation
of explanation
and proposed
must be attached for consideration)
FINANCIAL SUMMARY:
BUDGETED ITEM:
ANNUALIZED DOLLARS:
COMM~'-
~Nl..
~*. .
j'«.V REGElVED ,-. ::\ ~.~,
Yes () No () N/A
0
Funding Source:
Fund
Agcy.
Object
One Time
()
Recurring
()
I"
(281·341·3774)
(281-344-3954)
(281·341·4557)
(281-341-8642)
(281-341·8697)
\.(,~
Yes
Yes
Yes
Yes
Yes
(X)
(X)
(X)
(X)
(X)
Comm. Pet. 1
Comm.Pct.2
Comm.Pct.3
Comm.Pct.4
AdminServices
~
(281·342·0587)
(281-403-8009)
(281·242·9060)
(281·980-9077)
(281-238-3322)
1.
2.
Completely fill out agenda form. Incomplete forms will not be processed.
Fax or inter-office copies of agenda form with all back up information by Wednesday, 2:00 p.m. to the
departments listed above.
3.
All original back·up must be received in the County Judge's Office by 2:00 p.m., Wednesday.
RECOMMENDATION
4
/ ill
(X)
N/A
Original Form Submitted witb back up to County Judge's Office: Yes (X)
CC with back up:
Auditor
Budget Officer
County Attorney
Purchasing Agent
County Clerk
a
"
I ACTION
Please approve.
REQUESTED:
.d
~.
~~
Yes (X)
Yes (X)
Yes (X)
Yes (X)
Yes (X)
,
Fort Bend County
Administrative Services
J.e.
Whitten
Director
August 2, 2004
To the Honorable Commissioners
Fort Bend County
Travis Building, 7th Floor
Re:
Court
Resolution in support of Community Centers
Dear Commissioners Court:
Attached you will find an important Resolution that supports the ability for Community Centers to
provide services to people with mental retardation.
Currently there are negotiations being conducted with the Private Providers Association of Texas
(PPA
and members of the Texas Council in regards to provisions found in HB 2292. Recently
all MHMR Centers participated in a state-wide 'RFI' to determine if there were other providers that
wanted to provide similar services to the market in Texas. The results showed that there were 41
other providers that indicated they would provide services in the Texana market area.
n
Within the negotiations, there are provisions that give the consumer the freedom of choice to
select a provider of services. Although this has always been available to the consumer, the
negotiations have been interpreted to require all current consumers of ICFIMR and HCS
programs. to make a new choice without consideration of their currerlt provider. This would mean
that Texana MHMR Center's currerlt 56 consumers would have to choose another provider.
We see this action if approved by the Texas Council to be detrimental to our consumers and
restricts their 'freedom of choice'.
Your support with the Resolution will be taken to the Texas Council meeting on August 12th &
13th, by Stephen McDowell, Texana's representative to the Texas Council.
Respectfully submitted,
4520 Reading. Rosenberg, Texas 77471
(281) 344·3950 • (281) 450-3693 (Cell)
Fax (281) 238-3322
RESOLUTION
A Resolution concerning legislation and administrative rulings that limit the ability of Community MHMR
Centers in the State of Texas to provide services to peopie with mental retardation and developmental
disabilities;
FOR the purpose of ensuring (1) the availability of an array of quality service providers and (2)
freedom of choice in the selection of a provider to people with mental retardation and developmental
disabilities.
WHEREAS, the State of Texas has established that the welfare of individuals receiving care shall
be the underlying objective of its system of mental retardation services and
WHEREAS, the individual's freedom to choose a care provider is essential to quality when
exercised in the presence of an array of competing providers and
WHEREAS, care services in the State of Texas are presently available from a vibrant mix of forprofit providers, not-for-profit providers and Community MHMR Centers and,
WHEREAS, State and Federal reimbursement
all providers and
rates for HCS and ICFMR services are uniform for
WHEREAS, the present competitive system of access and choice results in a majority of people
with mental retardation and developmental disabilities being served by an array of for-profit and not-forprofit providers and
WHEREAS, Texana Community MHMR Center is a community based organization controlled by
and responsive to local county government for the welfare of its citizens and
WHEREAS, Texana is trusted and respected by local government and its citizens as a point of
access to community based health care services and
WHEREAS, the local authority system has been abolished by Legislative mandate with ultimate
authority residing in the Department of Health and Human Services eliminating any potential
authority/provider conflict of interest and
WHEREAS, Texana is a cost effective provider of quality services to people with mental
retardation and developmental disabilities and
WHEREAS, HB2292 requires that: (1) a local Community MHMR Center, under present
circumstances, may be a provider of services only as a "provider of last resort" when there is no willing
private provider of the relevant services in the area or in the county where the provision of services is
needed; and (2) that a plan be developed by each local MHMR center to privatize the provision of all
ICF/MR and related waiver services;
NOW, THEREFORE BE IT RESOLVED that we hereby state our strong support for the repeal
and amendment of (1) these restrictive provisions of HB2292, and (2) the present administrative rulings of
TDMHMR which would, under present circumstances, prevent Texana from serving as the point of access
to community based services while also providing services to people who, individually or with their
families, freely choose to receive mental retardation services from Texana Community MHMR Center and
NOW THEREFORE BE IT RESOLVED that the Fort Bend County Commissioners Court strongly
opposes any system that would limit competition and the free choice of people receiving mental
retardation services by imposing quotas, capacity limits or prohibitions on the provision of services by any
of the present array of for-profit and not-for-profit providers and Community MHMR Centers.
UPON MOTION DULY MADE AND SECONDED, the above Resolution was unanimously adopted on this
the __
day of August, 2004.
WHEREAS, HB2292 requires that: (1) a local Community MHMR Center, under present
circumstances, may be a provider of services only as a "provider of last resort" when
there is no willing private provider of the relevant services in the area or in the county
where the provision of services is needed; and (2) that a plan be developed by each
local MHMR center to privatize the provision of all ICF/MR and related waiver services;
NOW, THEREFORE BE IT RESOLVED that we hereby state our strong support for the
repeal and amendment of (1) these restrictive provisions of HB2292, and (2) the present
administrative rulings of TDMHMR which would, under present circumstances, prevent
Texana from serving as the point of access to community based services while also
providing services to people who, individually or with their families, freely choose to
receive mental retardation services from Texana Community MHMR Center and
NOW THEREFORE BE IT FURTHER RESOLVED that the Fort Bend County
Commissioner's Court strongly opposes any system that would limit competition and the
free choice of people receiving mental retardation services by imposing quotas, capacity
limits or prohibitions on the provision of services by any of the present array of for-profit
and not-for-profit providers and Community MHMR Centers.
Adopted on this the
/0
day of August, 2004.
FORT BEND COUNTY
By:
CkJI~
ATTES~
Dianne Wilson, Ph.D, County Clerk,,'
l V\-{)~
RECORDED ON
IN THE COMMISS.lONER
MINUTES OF. . 'He
OF2
CO~e
-\) .
2
t:
FORT BEND COUNTY;~\\.J I )
RETUR."I TO: AGENDA COORDINATOR
DATE SUBMITTED:
?1i!1I2884
COURT AGENDA DATE:
SUMMARY OF ITEM:
Committee.
i-I{ -0
7"]q,.~901
'1
FINANCIAL
Fund
#~~lJ
Yes ( )
No()
DOCUMENTS ATTACHED:
SUMMARY:
BUDGETED ITEM:
Yes(
AGENDA
action to appoint members to the Fort Bend County Mobility Planning
LIST SUPPORTING
SUBMITTED BY:
PHONE NO.:
281-341-8608
'-10-0'1
) No()
N/A()
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( ,/ when completed)
If by Fax to (281) 341-8609
(281-341-3774)
( ..., Comm. Pet. 1
(281-342-0587)
( '1 Auditor
(281-344-3954)
( v ) Comm. Pet. 2
(281-403-8009)
( V) Budget Officer
(281-341-4557)
( ) Comm. Pet. 3
(281-242-9060)
( '1 County Attorney
( ) Comm. Pet. 4
Purchasing Agent
(281-341-8642)
(281-980-9077)
(281-341-8697)
County Clerk
( -1
(l'
Instructions
1.
2.
3.
for submitting an Agenda Request:
Agenda Request Forms may be suhmitted bye-mail, fax, or inter-office mail, and all information must be provided by
RECOMMENDATION
/ ACTION
~~(pG
S
D:
•
CITY OF SUGAR LAND
OFFICE OF MAYOR
DAVID
G. WALLACE
July 28,2004
The Honorable Robert E. Hebert
County Judge
County of Fort Bend
301 Jackson, Suite 719
RE:
Fort Bend County Mobility Planning Committee Appointment
Dear Judge Hebert:
Please let this letter serve as notification that the Sugar Land City Council on Tuesday, July 27,
2004, unanimously approved the recommended appointment of Council Member Dennis Parmer as
the City of Sugar Land representative to the Fort Bend County Mobility Planning Committee as a
voting member.
Please provide confirmation of your appointment of Council Member Parmer to this committeeat
your earliest convenience. All correspondence to him should be mailed to Post Office Box 110,
Sugar Land, Texas 77487-0110.
Thank you in advance for your consideration to this appointment. Should you have questions or
require additional information, please contact me at the below referenced telephone number.
Sincerely,
David G. Wallace
Mayor, City of Sugar Land, Texas
Letters/FBC
Mobility Planning 2004.doc
10405 CORPORATE
DRIVE
P.O. Box 110
SUGARLAND, TEXAS77487-0110
(281) 275-2714
FAX: (281) 275-2721
April 22, 2003
26.
TAX ASSESSOR/COLLECTOR:
A. Approve resale of property taken under Cause No. 57,449; Lamar Consolidated
Independent School District vs. Lunavaya Corporation.
B. Approve refunds over $500 as detailed in Tax Assessor's Report dated April 1, 2003, for
an amount totaling 536,650.87.
Moved by Commissioner Prestage, Seconded by Commissioner Meyers, duly put and unanimously
carried (5-0), it is ordered to approve consent agenda items 6-26, delete 16B, delete 19G, and item
23F date of accident should be May 24,2002.
27.
Commissioner Meyers
yes
yes
yes
Judge Hebert
yes
yes
COUNTY JUDGE:
A. Take all appropriate
action to approve an fnterlocal Agreement between Fort Bend
County and Texas Commission of Environmental
Quality for participation in the low
income vehicle repair assistance, retrofit and vehicle replacement program (LIPRA)
within the County as part of the State's inspection and maintenance program called
AirCheck Texas.
unanimously carried (5-0), it is ordered to approve an Interlocal Agreement between Fort Bend
County and Texas Commission of Environmental Quality for participation in the low income
vehicle repair assistance, retrofit and vehicle replacement program (LIPRA) within the County as
part of the State's inspection and maintenance program called AirCheck Texas.
Commissioner Meyers
yes
yes
yes
Judge Hebert
yes
yes
B. Take all appropriate
action to appoint members to the Fort Bend County Mobility
Planning Committee.
carried (5-0), it is ordered that each member of the court appoint three members to the committee
each and Judge Hebert and Commissioner Patterson will be non-voting members of the committee.
Commissioner Pet. 3:
Don Smithers
Sugar Land, Texas
Len Goff
Missouri City, Texas
Holly Zarate
Richmond, Texas
Mary Ross
Missouri City, Texas
John Pape
Friendswood, Texas
Lawrence Vacarro
Stafford, Texas
County Judge:
Jim Bell
Houston, Texas
Kevin Matocha
Richmond, Texas
MarkZgabay
Needville, Texas
Judge Hebert
Bill Jameson
Sugar Land, Texas
Commissioner Meyers
yes
yes
yes
8
yes
yes
FORT BEND COUNTY p~
\.::'l _I
RETliRl"l'TO:
DATE SUBMITTED:
AGENDA COORDINATOR
SUBMITTED BY:
PHONE NO.:
281-341-8608
8/4/2004
COURT AGENDA DATE:
8/1012004
SUMMARY OF ITEM:
toll rate schedule for the Fort Bend Parkway.
FINANCIAL
Fund
#;<ar:
No()
Order adopted by Commissioners Court on July 27, 2004.
SUMMARY:
BUDGETED ITEM:
Yes(
Yes ( )
DOCUMENTS ATTACHED:
AGENDA
action on Order to Fort Bend County Toll Road Authority establishing the
LIST SUPPORTING
) No()
N/A()
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County JUdge's Office: ( ) ( ,/ when completed)
If by Fax to (281) 341-8609
(281-341-3774)
(281-342-0587)
( ) Comm. Pet. 1
( ) Auditor
( ) Budget Officer
(281-344-3954)
(281-403-8009)
( ) Comm. Pet. 2
(281-341-4557)
( ) County Attorney
(281-242-9060)
( ) Comm. Pet. 3
(281-341-8642)
(281-980-9077)
( ) Comm. Pet. 4
( ) County Clerk
(281-341-8697)
Instructions
1.
2.
3.
Ageuda Request Forms may be submitted bye-mail, fax, or iuter-office mail, and all information
Wednesday at 2:00 p.rn. to the departments listed above.
RECOMMENDATION
/ ACTION REQUESTED:
must be provided by
July 27, 2004
33.
FORT BEND COUNTY TOLL ROAD AUTHORITY:
The Board of Directon of tile Fort
Bend Canty Toll Road ADt1lority reviewed this item at tlleir regaIlU" meetillg on JDly 21,
2004, aad made the followiDg recommendation to Commissioaen
Conrt:
A. Approve Order establishing a toU rate schedule aDd speed limit for the Fort Bend
Parkway Toll Road; prohibiting the operation of a motor vehicle on a county toll
causeway, bridge, twlDeI, tDrnpike, highway, or c:ombiDation of those facilities after
fail8re to pay reqnind toll or charge; esubJWoillg lUI "" .. inistrative ""jndication he:ariDg
procednre for violation of order prohibitiBg operation of a motor vehicle 08 a COll8ty toll
canseway, bridge, tnn.nel, turnpike, highway, or c:ombiDation of those facilities after
failure to pay required toll or charge, establishing poticy relating to use of toU rosd
system by the militaJoy; contaWng other provisions reJatiDg to the subject.
Moved by Commissioner Patterson. Seconded by Commissioner Meyers, duly put and carried
(3-1), it is ordered to approve the order as presented by Toll Road Authority with one modification:
Seventy-two passenger school buses be exempt from toll charges.
Judge Hebert
yes
Commissioner Meyers
no
yes
absent
yes
Joe B. Allen discussed the exemption issues between Harris County Toll Road Authority and Fort
Bend County Toll Road Authority.
Appoinbnent of hearing attorneys to be named at a later date.
County Attorney Bud Childers raised legal issues and liability with the modification to exempt 72
passenger school buses from toll charges on the Fort Bend Parkway.
Moved by Commissioner Patterson, Seconded by Commissioner
unanimously carried (~), it is ordered to rescind previous motion.
Judge Hebert
Meyers,
Commissioner Meyers
yes
yes
absent
duly put and
yes
yes
Moved by Commissioner Meyers, Seconded by Commissioner Stavinoha. duly put and carried
(3-0-1), it is ordered to approve and adopt the order' as presented by the Fort Bend COImty Toll
Road Authority and approved by the County Attorney with direction to the County Judge to present
a recommendation to the court by August 10 to resolve the school bus exemption issue.
Judge Hebert
yes
Commissioner Meyers
Commissioner Pattersoo
yes
absent
13
yes
abstain
County Commissioners Court, Fort Bend County, Texas, Order No.
THE STATE OF TEXAS
_
§
§
COUNTY OF FORT BEND§
The Commissioners Court of Fort Bend County, Texas, acting as the governing
body of Fort Bend County, convened in regular session of the Court in Fort Bend
County Commissioners Courtroom, 7th Floor, Fort Bend County Administration
Building, Richmond, Texas, at 1:00 p.m. on
, with the
following members present:
o
o
o
o
o
County Judge
Commissioner,
Commissioner,
Commissioner,
Commissioner,
Robert E. Hebert
Tom Stavinoha
Grady Prestage
Andy Meyers
James Patterson
Precinct 1
Precinct 2
Precinct 3
Precinct 4
constituting a quorum, when among other business, the following was transacted:
Order establishing a toll rate schedule and speed limit for the Fort Bend Parkway Toll
Road; prohibiting the operation of a motor vehicle on a county toll causeway, bridge,
tunnel, turnpike, highway, or combination of those facilities after failure to pay required
toll or charge; establishing an administrative adjudication hearing procedure for violation
of order prohibiting operation of a motor vehicle on a county toll causeway, bridge,
tunnel, turnpike, highway, or combination of those facilities after failure to pay required
toll or charge, establishing policy relating to use of toll road system by the military;
containing other provisions relating to the subject.
COmmissione~DJ
introduc~d an Order and made a Motion that
Commissioner ~o
the same be adopted.
adoption of the Order.
3
NOES:
0
ABSTENTIONS:
331703 (FBCAO) (2)
the Motion for
The Motion, carrying with it the adoption of the Order,
prevailed by the following vote:
AYES:
D1roeh.a.seconded
The County Judge announced
that the Order had been duly and lawfully
adopted. The Order adopted reads as follows:
ORDER ESTABLISHING A TOLL RATE SCHEDULE AND SPEED LIMIT FOR
THE FORT BEND PARKWAY TOLL ROAD; PROHIBITING THE OPERATION
OF A MOTOR VEHICLE ON A COUNTY TOLL CAUSEWAY, BRIDGE,
TUNNEL, TURNPIKE, HIGHWAY, OR COMBINATION
OF THOSE
FACILITIES AFTER FAILURE TO PAY REQUIRED TOLL OR CHARGE;
ESTABLISHING
AN
ADMINISTRATIVE
ADJUDICATION
HEARING
PROCEDURE FOR VIOLATION OF ORDER PROHIBITING OPERATION OF A
MOTOR VEHICLE ON A COUNTY TOLL CAUSEWAY, BRIDGE, TUNNEL,
TURNPIKE, HIGHWAY, OR COMBINATION OF THOSE FACILITIES AFTER
FAlLURE TO PAY REQUIRED TOLL OR CHARGE; ESTABLISHING POLICY
RELATING TO USE OF TOLL ROAD SYSTEM BY THE MILITARY;
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
RECITALS
WHEREAS, the Fort Bend County Toll Road Authority is constructing the Fort Bend
Parkway Toll Road and Westpark Tollway on behalf of Fort Bend County; and
WHEREAS, the Commissioners Court of Fort Bend County desires to adopt a toll rate
schedule, establish a speed limit and prOVide for certain policies and procedures
relating to the operation and toll enforcement on the County's toll roads;
NOW, THEREFORE, IT IS ORDERED BY THE COMMISSIONERS COURT OF FORT
BEND COUNTY THAT:
Section 1. Scope and Purpose
Pursuant to TEX. TRANSP. CODE ANN. Chapter 284, the Commissioners Court
of Fort Bend County adopts the following procedures for the safe and efficient use and
payment of tolls on the County's toll roads and an administrative adjudication
procedure for persons suspected of the violation of this order. The administrative
adjudication hearing procedures are adopted in an effort to enforce the payment of tolls
and charges imposed for the use of County toll roads, including the Fort Bend Parkway
Toll Road and the Westpark Tollway, and to deter owners and operators of motor
vehicles from failing to pay tolls and charges as required.
JJ 170 J (FBCAD) (2)
Section 2. Definitions
The words and terms defined in this procedure shall have the meanings ascribed
unless the context clearly indicates another meaning.
Department means the Texas Department of Transportation.
County Project means a toll causeway, bridge, tunnel, turnpike, highway, or any
combination of those facilities and includes the Fort Bend Parkway Toll Road
and the Westpark Tollway.
EZ TAG Lanes means those specially marked lanes for non-stop passage for
patrons who have prepaid tolls through the EZ TAG System.
EZ TAG System means a method of prepayment of tolls using an electronic
device containing a unique identification number assigned to a specific vehicle,
which is read as the vehicle approaches the toll plaza, then verifies the vehicle's
identification number, and automatically deducts the appropriate toll from a
prepaid account established for the vehicle.
Motor
Vehicle means a self-propelled vehicle and includes a bus, light truck,
motorcycle, passenger car, school bus, truck, or truck tractor for which a toll is
required for the operation of the vehicle on a County Project.
Order means this Order.
Registered Owner means the person designated as the owner on the certificate of
title issued by the Texas Department of Transportation for the motor vehicle.
Section 3. Toll Payment Required
Unless otherwise exempt, all persons operating motor vehicles on a County
Project are required to pay tolls at designated toll plazas. The required toll at each toll
plaza is established as those tolls and charges shown on Exhibit A.
Section 4. Failure to Pay Toll
Unless otherwise exempt, no person may operate a motor vehicle, or cause or
allow the operation of a motor vehicle through the EZ Tag Lanes unless the motor
vehicle is equipped with an EZ Tag assigned to the vehicle and a funded prepaid
account exists to pay the tolls, charges, and fees applicable to the vehicle.
33170 J (FBCAO) (2)
Section 5. Notice and Opportunity
to Pay Required Toll, Charge and Fee
No motor vehicle may be operated on a County Project for which a toll or charge
has been legally imposed, if:
(A)
(B)
(C)
An operator of a motor vehicle has failed to pay a required toll or charge;
The County, by and through the Chairman of the Fort Bend County Toll
Road Authority or his designee, provides notice of the unpaid toll or
charge to the registered owner of the vehicle; and,
The registered owner has not paid the unpaid toll or charge within ten
(10) days of the date of the notice.
U the unpaid toll, charge or fee is not paid within ten (10) days of the date of the
notice, the operation of the motor vehicle on any County Project is prohibited effective
on the date specified in the notice and the prohibition shall continue until the unpaid
toll, charge, and fee is paid in full.
Section 6. Administrative
Adjudication Procedure
Appointment of Hearing Officers. The Commissioners Court shall appoint one
or more licensed attorneys to serve as hearing officers. A hearing officer appointed by
Commissioners Court shall serve at the pleasure of the Commissioners Court and shall
implement this administrative adjudication procedure. A hearing officer shall be paid
five-hundred dollars for each day of hearing proceedings adjudicated.
A hearing officer shall have the authority to administer oaths and to issue orders
compelling the attendance of witnesses and production of documents.
An order issued by a hearing officer compelling the attendance of witnesses or
production of documents may be enforced by a Justice of the Peace.
County Attorney. The County Attorney shall represent Fort Bend County in all
hearings and proceedings conducted under this administrative adjudication procedure
and shall collect unpaid tolls, charges, fees, fines, and costs, unless the County has
contracted with a private law firm to perform these services. The County Attorney shall
administer and supervise any such contract pursuant to its terms.
Initiation of Administrative Adjudication Process.
The administrative
adjudication procedure for enforcement of payment of tolls, charges, and fees shall be
initiated by the issuance of a citation to the registered owner of the vehicle who is
suspected of violating the Order by operating, or causing or allowing the operation of a
motor vehicle on a County Project when prohibited, on at least two separate occasions
within a 12-month period in connection with a toll to be paid by electronic means.
33\70 3 (FBCAO) (2)
The citation will inform the registered owner of the right to a hearing to
determine whether the registered owner is liable for a violation of the Order, and will
state the date, time, and place of the hearing.
The citation may be served by a person authorized by the hearing officer, by
delivering a copy of the citation to the person to be served, or the person's duly
authorized agent, either in person, or by agent, or by courier receipted delivery, or by
certified mail, to the party's last known address, or by telephonic document transfer to
the person's current telecopier number with acknowledgment of receipt, or by such
other manner as the hearing officer, in the hearing officer's discretion, may direct.
Service by certified mail shall be complete upon deposit of the citation in a post
office or official depository under the care and custody of the United States Postal
Service, provided that if the citation is returned marked" unclaimed," the citation shall
be mailed, by regular mail, to the person's last known address.
The last known address of the registered owner of a motor vehicle is the address
maintained by the Department.
A copy of the record of the amount of the unpaid tolls, charges, and fees owed to
Fort Bend County, applicable to the motor vehicle, shall be attached to and made a part
of the citation.
Notice.
hearing.
A person shall be entitled to at least ten (10) days notice prior to a
The right to a hearing shall be exercised by the personal appearance of the
person on the date and at the time and place specified for the hearing.
A person may appear with counsel.
A person may request the hearing officer to issue an order compelling the
attendance of witnesses and the production of documents. The person must make the
request in writing, on or before the 7th day before the date of the scheduled hearing.
Continuance. A request for the continuance of a scheduled hearing must be
made on or before the 7th day before the date of the scheduled hearing. To obtain a
continuance, a person must post a cash bond in the amount of the unpaid tolls, charges
and fees claimed by Fort Bend County.
The conditions of the bond shall be that the person (i) will appear to answer the
citation as required, and (ii) will pay the amount of any civil fine and costs assessed by
331703 (FBCAO) (2)
the hearing officer, and (iii) in the event of the person's failure to appear at the hearing,
consents to the forfeiture of the bond and application of the proceeds of the bond to the
amount of unpaid tolls, charges and fees.
A person may assign the proceeds of a cash bond to satisfy any fine and costs
assessed.
Upon acceptance of the cash bond, the hearing will be rescheduled to a date not
later than thirty (30) days from the date of the original hearing.
Only one continuance may be granted.
Presumptions
presumed that:
and Evidence.
In an administrative adjudication hearing it is
(1) the registered owner of the motor vehicle that is the subject of the hearing is
the person who operated or allowed another person to operate the motor
vehicle in violation of the Order; and,
(2) a computer record of the Department of the registered owner of the motor
vehicle is prima facie evidence of its contents.
A copy of the citation including the record of Fort Bend County showing the
amount of the unpaid tolls, charges and fees applicable to the motor vehicle, is a record
kept in the ordinary course of business of Fort Bend County and is rebuttable proof of
the facts it contains.
Attendance at Hearing. At the hearing, the person may admit, admit with
explanation, or deny, the failure to pay.
The failure of a person to appear at the hearing is considered an admission of
liability for the failure to pay, and of the amount of the tolls, charges and fees owed, and
the hearing officer may issue an order assessing a fine and costs on that basis.
An authorized representative of Fort Bend County shall appear at the hearing.
Hearing. The citation with the record of Fort Bend County showing the amount
of the unpaid tolls, charges and fees applicable to the motor vehicle shall serve as the
complaint, and no further pleading shall be necessary.
The hearing officer shall examine the contents of the citation and the record of
Fort Bend County showing the amount of the unpaid tolls, charges and fees applicable
to the motor vehicle, and shall hear and review testimony and evidence.
JJt70 J (FBCAOJ(2)
The hearing officer shall issue a decision stating:
(1)
whether or not the person is liable for a violation of this Order; and
(2)
if liable, the amount of the fine and costs to be assessed against the person.
In determining the amount of the fine, the hearing officer shall include the
amount of the unpaid tolls, charges and fees, and in addition, an amount not less than
$1.00nor more than $500.00.
The costs of the proceeding shall be $60.00.
A decision of the hearing officer finding liability shall be filed with the Fort Bend
County Clerk, who shall keep the decision in a separate index and file.
A copy of the decision of the hearing officer, together with the date the decision
was filed with the Fort Bend County Clerk, shall be mailed by regular mail to the
person's address as shown on the citation, or to the person's last known address as
maintained by Fort Bend County.
After the expiration of thirty-one (31) days from the date the decision of the
hearing officer was filed with the County Clerk and failure to pay the unpaid tolls,
charges, fees, fines or costs, notification will be given to the Department to refuse to
register the motor vehicle.
Appeal. A decision of the hearing officer finding that a person is liable for a
violation of the Order may be appealed to the Fort Bend County Courts at Law.
To appeal, the person must file a petition with the Clerk of the County Courts at
Law not later than the 30th day after the date the hearing officer's decision is filed with
the Fort Bend County Clerk. The petition must be accompanied by payment of the costs
required by law for filing petitions with the County Courts at Law.
The person shall deliver a copy of the petition to Fort Bend County no later than
the 3rd business day after the filing of the appeal.
The Clerk of the reviewing court shall schedule a hearing and notify all parties of
the date, time, and place of the hearing.
The person may request the hearing officer to prepare a transcript of the
administrative adjudication hearing. A transcript must be requested no later than the
3rd business day after the filing of the petition initiating the appeal.
At the time of
331703 (FBCAO) (2)
making the request, the person shall pay the sum of $125.00 for preparation of the
transcript.
The record of the administrative adjudication hearing, including the transcript, if
requested, shall be delivered to the Clerk of the reviewing court in which the appeal is
filed ("reviewing court") no later than the 30th day after the date the petition initiating
the appeal was filed.
The reviewing court may not substitute its judgment for the judgment of the
hearing officer on the weight of the evidence on questions committed to the hearing
officer's discretion, but:
(i)
(ii)
(a)
(b)
(c)
(d)
(e)
(f)
may affirm the decision of the hearing officer in whole or in
part; and,
shall reverse, or remand for further proceedings if
substantial rights of the person have been prejudiced
because the decision of the hearing officer is:
in violation of a constitutional or statutory provision;
in excess of the hearing officer's statutory authority;
made through unlawful procedure;
affected by other error of law;
not reasonably supported
by substantial evidence
considering the reliable and probative evidence in the record
as a whole; or
arbitrary or capriciOUS or characterized by abuse of
discretion or clearly unwarranted exercise of discretion.
The person may apply to the reviewing court to present additional evidence.
The person shall offer, and the reviewing court shall admit, the record into
evidence as an exhibit.
The reviewing court shall conduct the review sitting without a jury and is
confined to the record of the administrative adjudication hearing.
The filing of an appeal does not stay the enforcement and collection of the
decision of the hearing officer.
In order to stay enforcement and collection of the decision of the hearing officer,
the person appealing must post a cash bond, in the amount of the fine and costs
assessed, conditioned that the person appealing will appear and prosecute the appeal as
required, and will pay the fine and costs, if any, for which the person appealing may be
331703 (FBCAO) (2)
liable, and that in the event the decision of the hearing officer is affinned, the proceeds
of the cash bond may be applied to satisfy the fine and costs.
Enforcement of Decision. A decision of the hearing officer shall be enforced by
any or all of the following:
(1)
the placement of a device that prohibits movement of a motor vehicle on
the vehicle that is the subject of the decision;
(2)
the imposition of an additional fine, if the fine and costs assessed are not
paid within thirty (30) days from the date of the decision of the hearing
officer or of the affirmance of the decision of the hearing officer; or
(3)
the refusal of the Department or Tax Assessor-Collector to allow the
registration of the motor vehicle that is the subject of the decision.
Payment. Fort Bend County and its designees to perform these services may
accept payment of tolls, charges, fees, and fines and costs.
A person may pay the amount of unpaid tolls, charges and fees applicable to the
motor vehicle made the basis of the Order, as shown by the records of Fort Bend
COWlty, at any time prior to the scheduled hearing, without additional penalty.
When the unpaid tolls, charges, fees, fines and costs have been paid in full, the
prohibition of the operation on a COWlty Project of the motor vehicle made the basis of
the Order will be removed and the Department will be notified of the payment, if
applicable.
The fine and costs must be paid in full within thirty (30) days of the decision of
the hearing officer, or in accordance with payment terms authorized by the hearing
officer, or within thirty (30) days of the affirmance of the decision of the hearing officer.
The hearing officer may impose an additional fine, for willful failure to pay fine and
costs as reqUired.
The appointed hearing officers are as follows:
{INSERT NAMES OF UCENSED
ATTORNEYS}
Section 7. Imposition of Costs
The Commissioners Court imposes the following costs for the collection of the
unpaid tolls and charges:
331703 (FBCAO) (2)
..
(A) fifty dollars ($50.00) on each account of an unpaid toll or charge that is
referred to a private law firm for collection services; such costs to be paid to
the law firm upon collection;
(B) An additional twenty-five dollars ($25.00) on each account of an unpaid toll
or charge on which a citation has been issued by a private law firm initiating
the administrative adjudication hearing process; such cost to be paid to the
law firm upon collection;
(C) An additional fifty dollars ($50.00) on each account of. an unpaid toll or
charge which is presented at an administrative adjudication hearing process
by a private law firm; such cost to be paid to the law firm upon collection;
(D)Sixty dollars ($60.00)as a cost of the proceeding; such costs to be paid to Fort
Bend County upon collection; and
(E)The cost authorized by TEX. TRANsP. CODE § 284.208(d), as may be
amended; such costs to be deposited in the County treasury in a special fund
to be administered by the county attorney.
Section 8. Establishment of Speed Limit
The maximum speed limit on the Fort Bend Parkway Toll Road is 65 m.p.h. for
passenger vehicles and light trucks, commercial vehicles and heavy trucks on the
Parkway main lanes.
Although these are the maximum permissible speeds based on time of day,
reduced speed limits are created and posted due to sight distance, curves and physical
conditions of the road surfaces and toll collection operations of the Fort Bend County
Toll Road Authority. In anticipation of speed limit changes, a presumption of validity
and legal enforceability will be placed on the existing signed and posted speed.
The posted speed limit has the force and effect of law as set forth and intended in
Section 18.032of the Texas Civil Practice and Remedies Code. All definitions relating to
this Section 8 are located in the Texas Transportation Code.
Section 9. Use of County Project by Military
A military convoy of two or more vehicles owned or operated by the military
and any member of the military of the United States, including the active and reserve
armed forces of the federal goverrunent and the national guard or militia of Texas and
any other state of the United States, going or coming from a military assignment and
the member's conveyance shall be allowed to pass through a County Project without
payment of a toll or fare.
331703 (FBCAO)(2)
A military convoy consisting of two or more vehicles owned or operated by the
military shall be allowed to pass through a fully electronic toll facility without payment
of a toll or fare if such vehicles are readily recognizable as military vehicles.
Section 10. Miscellaneous Prauisions
If any word, phrase, clause, sentence, paragraph, section or other part of this
Order, or the application thereof to any person or circumstance, shall ever be held to be
invalid or unconstitutional by any court of competent jurisdiction, the remainder of this
Order and the application of such word, phrase, clause, sentence, paragraph, section or
other part of this Order to any other persons or circumstances shall not be affected
thereby.
It is hereby officially found and determined that the meeting at which this Order
was adopted was open to the public, and public notice of the time, place and purpose of
said meeting was given, all as required by Chapter 551, Texas Government Code.
PASSED AND APPROVED this ~
day of ~
County Judge
AIIESlED.:::?"
.,.
'
JJJ 70 J (FBCAO) (2)
", -
-:",
,2004.
Exhibit A
Toll Rate Schedule
Fort Bend Parkway Toll Road
ACM
Mainline
EZTAG
Plaza
2 axle
Class 2
$1.00
$1,00
3 axle
Class 3
2,25
2,25
4 axle
Class 4
3,00
3,00
5 axle
Class 5
3.75
3.75
6 axle
Class 6
4.50
4.50
All Classes
N/A
($0,35)*
Ramp Tolls
McHard Rd
*North Ramps
*South Ramps
2 axle
Class 2
$0.50
$0.50
3 axle
Class 3
1.05
1,05
4 axle
Class 4
1,40
1,40
5 axle
Class 5
1.75
1.75
6 axle
Class 6
2,10
2,10
Lake Olympia
*North Ramps
N/A
N/A
*South Ramps
2 axle
Class 2
$0.25
$0.25
3 axle
Class 3
.60
,60
4 axle
Class 4
.80
,80
5 axle
Class 5
1,00
1,00
6 axle
Class 6
1.20
1.20
* Denotes $0,35 credit for EzT AG users. Results in $0,65 net toll from Beltway 8 to
McHard Rd for Class 2 EzTAG users and similarly results in a lower net toll for Class 36 users,
331703 (FBCAO) (2)
:
7-27-200.1
9, 13AM
FRO~.1FORT SEND COUNTY 265
P.2
.1671
COlVrMISSIONER PRECINCT
4
Fort Bend County. Te ...
lames Pancrson
Commission~r
Memorandum
To:
Commissioners
Court
From: Commissioner
Patterson
Date: 07/27/04
Re:
er
D
,
'
SeMol Bus Charges on New Toll Road
1 would like to propose that we exempt 72 passenger school buses from paying a tell
on the new toll road. Fort Bend Independent S<:hool District's new football stadium
and athletic complex is in very close proximity to this toll road. It is almost a
certainty that school buses will be taking advantage of this access when teams are
playin~ at the stadiunl atll:llor CA:lmplex. There are often as many as 15 to 20 buses
from one school transporting band, drill team, ROTC and team members to events.
Such a la,ge numbe< of'buses stopping to pay tolls d<astically slows the other traffic
8"i.!l8 through those lines and Creates a safety concern for passengers on the buses.
I believe an exemption
to other motorists
3.1i
for full size (72 passenger)
3.1i school districts.
school buses would be a 5ervice'
well
1
FORT BEND COUNTY l~\,:lr:'" .1"
MMISSIONERS COURT AGENDA REQUEST FORM
\I
·
DATE SUBMITTEl"
SUBMITTED BY: Ann Werle in
PHONE NO.:
7/2 04
COURT AGENDA D\TE"";a./ttot-
<;>-10'
v'/
AGENDA
#
:nc,
SUMMARY OF ITEM: Take all appropriate action to approve the Resolution, Certification of Resolution, and General
Certificate of Governing Body Approving Fort Bend County Housing Finance Corporation Single
Family Mortgage Revenue Bonds, Series 2004.
FINANCIAL
SUMMARY:
BUDGETED ITEM:
Yes(oI) NoO
Fund
N/AO
Funding Source:
Agency Object
ANNUALIZED DOLLARS:
OneTime
0
Recurring
( 01
N/A
0
COMMENTS:
)
CC with back up:
yes (,f )Auditor
yes ( ,f)Budget Officer
yes ( ,f)County Attorney
yes ( ,f)Purchasing Agent
yes V )County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
(,f )Comm. Pet. 1
( ,f)Comm. Pet. 2
( ,f)Comm. Pet. 3
(,f )Comm. Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
I.
2.
3.
listed above.
RECOMMENDATION 1 ACTION REQUESTED:
O~Q~~
~~Cv~~Q\tr'
CHIEF EXECUTIVE OFFICER'S APPROVAL OF THE
ISSUANCE OF BONDS BY FORT BEND COUNTY HOUSING FINANCE
CORPORATION AND THE PLAN OF FINANCING THEREOF
WHEREAS, Fort Bend COWlty, Texas (the "County")
has approved and authorized the
creation of Fort Bend Housing Finance Corporation (the "Corporation") as a joint housing
finance corporation, pursuant to the Texas Housing Finance Corporations Act, Texas Local
Government Code, Chapter 394, as amended (the "Act"), to act on behalf of the COWlty, in
carrying out the public purposes of the Act;
WHEREAS, the Corporation
is authorized by the Act to issue its bonds on behalf of the
County for the purpose of obtaining funds to finance home mortgage loans to persons of low and
moderate income for homes located within the jurisdiction of the Corporation (the "Mortgage
Loans ");
WHEREAS, the Corporation proposes to issue its Single Family Mortgage Revenue Bonds,
Series 2004A, in an aggregate principal amoWlt not to exceed $25,000,000, and its Single Family
Mortgage Revenue Bonds (GNMA and Fannie Mae Mortgage-Backed Securities Program)
Series 2004B, in an aggregate principal amoWlt not to exceed $25,000,000 (collectively, the
"Bonds") and the proceeds of the Bonds will be used to provide funds for Mortgage Loans and to
refund certain bonds previously issued to finance Mortgage Loans;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the
"Code "), requires the chief elected executive officer of the COWlty, as "applicable elected
representative" thereof, to approve the issuance of the Bonds and the plan of financing thereof
after a public hearing following reasonable public notice;
WHEREAS, an authorized representative of the Corporation and the COWlty conducted a
public hearing at 10:00 am. on JWle 15, 2004, in the New First National Bank, 2214 Avenue H,
Rosenburg, Texas, following publication of notice thereof in Houston Chronicle, a newspaper of
general circulation in the COWlty, at least 14 days prior to the date of the public hearings. (A
copy of such notice is attached hereto as Exhibit A);
WHEREAS, I am the chief elected executive officer of the COWlty and, as such, I am
authorized to approve the issuance of the Bonds and the plan of financing thereof; and
WHEREAS, I am familiar with the facts and circumstances regarding the issuance of the
Bonds and the plan of financing thereof;
I..j.7Certificate
1592013/JAD
I Now, THEREFORE,HEREBYApPROVE the issuance of the Bonds in the amount and for
the purposes referred to or described in the recitals hereof and Exhibit A hereto and the plan of
financing with respect thereto, as required by and for purposes of Section 147(f) of the Code.
This approval shall take effect immediately.
County Judge,
-2-
I
I
GENERAL CERTIFICATE
OF GOVERNING
BODY
We, the undersigned, County Judge and County Clerk of Fort Bend County, Texas (the
"County "), make this certification for the benefit of all persons interested in the issuance by the
Fort Bend County Housing Finance Corporation (the "Corporation ") of its Single Family
Mortgage Revenue Bonds, Series 2004 (the "Bonds"). We hereby certify on behalf of the
Commissioners Court (the "Governing Body") of the County that:
I. (a) On June 15,2004, and at all times since such date, the following persons, each of
whom resides within the County, have been duly appointed by the Governing Body of the County
as members of the Board of Directors of the Corporation:
Tom Shirley
Shad Bogany
George Johnson
Manuel Zamora
Charles Marietta
Mary Alice Gonzalez
Holly Zarate
(b) On June 15, 2004, and at all times since such date, Marilynn Kindell, Guadalupe
Uresti and Jim Gonzalez have served as ex officio and non-voting members of the Board of
Directors ofthe Corporation.
2. The Governing Body of the County has not created a "joint housing [mance
corporation" within the meaning of the Texas Housing Finance Corporations Act, as amended
(the "Act").
3. The Governing Body has approved the Corporation's Articles of Incorporation by
resolution adopted on June 9, 1980, and has approved Articles of Amendment to the
Corporation's Articles of Incorporation by resolutions adopted on September 30, 1991,
December 6, 1994, December 10, 1996 and January29, 2002. The Governing Body has not
approved any other amendments to the Corporation's Articles of Incorporation.
4. The Governing Body has not amended the Corporation's Articles of Incorporation
to change the structure, organization, programs or activities of the Corporation, nor has the
Governing Body terminated the Corporation as set forth in Section 394.016(c) of the Act or
otherwise, nor has the Governing Body taken any action to limit the effectiveness of the
resolution adopted by the Corporation authorizing the Bonds or to otherwise affect the Bond
transaction.
5. The Attorney General of the State of Texas is hereby authorized to date this
Certificate on and as of the date of his approval of the Bonds, and this Certificate and the matters
herein certified shall be deemed for all purposes to be true, accurate and correct on and as of that
1729417_01_01B_1
1592013
date and on and as of the date of delivery of the Bonds, unless the County through an authorized
officer shall notify the Attorney General and the Corporation in writing to the contrary prior to
either of such dates.
WITNESSOUR HANDSANDTHEOFFICIALSEALOFTHEGOVERNINGBODYthis /0 day of
~,2004.
~
-2-
County Judge
EXHIBIT A
FORT BEND HOUSING FINANCE CORPORATION
NOTICE OF PUBLIC HEARING
-----~----- ----_ .... __ ..
In accordance with Section I47(f) of the Internal Revenue Code of 1986, as amended,
noticc is hereby given that the Fort Bend County Housing Finance Corporation (the
"Corporation ") will hold a public hearing at 10:00 a.m. on June 15, 2004, at the New First
National Bank, 2214 Avenue H, Rosenberg, Texas. The Corporation's designated hearing officer
will conduct the hearing on behalf of the Texas County of Fort Bend (but excluding that portion
of the City of Houston located in Fort Bend County, Texas) (the "Sponsoring Political
Subdivision").
The purpose of the hearing is to provide residents of the Sponsoring Political Subdivision
an opportunity to comment on the proposed issuance by the Corporation of one or more series of
qualified mortgage revenue bonds (the "Bonds "), in a total amount not exceeding $50,000,000.
The Bonds are being issued for the purpose of providing funds for mortgage loans to eligible low
and moderate income first-time home buyers to finance the purchase of qualified one- to fourfamily owner-occupied residences located within the Sponsoring Political Subdivision or to
refund bonds previously issued for such purpose. The first-time homebuyer requirement is
waived for mortgage loans in certain federally designated "targeted" areas in the Sponsoring
Political Subdivision, Homebuyers' income and the purchase·price of all residences financed are
subject to certain limitations established under federal and state guidelines.
The Bonds will be limited obligations of the Corporation,
revenues, receipts and resources of the Corporation pledged to their
not constitute an indebtedness or obligation of the Corporation, any
Subdivision (or any other city, county, or other municipal or political
of the State of Texas) or of the State of Texas, or a loan of credit
meaning of any constitutional or statutory provision.
payable solely from the
payment. The Bonds will
of the Sponsoring Political
corporation or subdivision
of any of them, within the
All interested persons are invited to attend the hearing and present written or oral
comments on the proposed issuance of the Bonds. Questions or written comments prior to the
date of the hearing may be directed to the Corporation's Bond Counsel, Chapman and Cutler
LLP, III West Monroe Street, Chicago, Illinois 60603, Attention: John Trofa.
CERTIFICATE OF PUBLIC HEARING
L the undersigned, acting as hearing officer (the "Hearing Officer "), do hereby make and
<,"<tcutethis certificate for the benefit of all persons interested in the proposed issuance by the
Fort Bend County Housing Finance Corporation of its Single Family Mortgage Revenue Bonds,
Series 2004A, in an aggregate principal amount not to exceed $25,000,000, and its Single Family
Mortgage Revenue Bonds (GNMA and Fannie Mae Mortgage-Backed Securities Program)
Series 2004B, in an aggregate principal amount not to exceed $25,000,000 (collectively. the
"Bonds").
I hereby certify as follows:
I,
That I am the duly appointed Hearing Officer for the public hearing that
was held at 10:00 a.m. on June 15, 2004. at the New First National Bank, 2214
Avenue H, Rosenberg, Texas, in connection with the issuance of the Bonds.
2.
That notice of the public hearing was published no less than 14 days
before the date of the public hearing in a newspaper of general circulation available to
residents of the Texas County of Fort Bend.
3.
The notice of the public hearing included the date, time and place of the
public hearing, the purpose for which the Bonds are to be issued and the maxirmun
aggregate principal amount of the Bonds.
4.
That all interested persons appearing at the public hearing were given an
opportunity to comment on the proposed issuance of the Bonds.
The names and
comments of all interested persons appearing at the public hearing, if any, are set forth in
the Minutes of Public Hearing attached hereto as Exhibit A.
5,
That after giving all interested persons an opportunity to appear and
comment, the public hearing was declared closed.
6.
That a copy of the Affidavit of Publication of the Notice of Public Hearing
is attached hereto as Exhibit B.
[Remainder of Page Intentionally Left Blank]
TEFRAcert:l
1592013· JAD· 7/30/04
WITNESSMy HAND this __
day of
• 2004.
By
•
cr/~/k""-!---, _
Name:7T~7
-2-
EXHIBIT A
MINUTES OF PUBLIC HEARING
Present at the Hearing on June 15,2004, were the Hearing Officer,
_
The Hearing Officer opened the hearing at 10:00 a.m. and invited comments from anyone
in attendance. The Hearing Officer explained the program and the fmancing mechanism. No
comments or questions were received. The Hearing Officer thereafter closed the public hearing
EXHlBlTB
AFFIDAVlT OF PuBLICA nON OF NonCE
OF PUBLIC HEARING
18498473 CHAPMAN AND CUTLER
Pagel
May 30 2004
>.
AFFIDAVIT
OF PUBLICATION
STATE OF TEXAS,
COUNTY OF HARRIS:
Before me, the undersigned authority, a Notary Public in and for the State
of Texas, on the day personally appeared: GAIL FEAGINS, who after being duly
sworn, says that she is the SUPERVISOR-ACCOUNTS RECEIVABLE at the HOUSTON
CHRONICLE, a daily newspaper published in Harris County, Texas, and that the
publication, of which the annexed herein. or attached to, is a true and correct
copy, was published to-wit:
CHAPMAN AND CUTLER
RAN A LEGAL NOTICE
SIZE BEING, 1 X 103
product
he
kJ,~
18498473
15807816
L
date
class
May 30 2004
1245.0
---=-0
2 .. -
GAIL FEAGINS
SUPERVISOR - ACCOUNTS
Sworn and subscribed
RECEIVABLE
to before me, this the 30th Day of May A.D. 2004
"€'~~'''''''PENNY';;OW'''''I'
"
~ NOTARYPUBUC
t
.
~ ~.".1
STATEOF TEXAS
CoimIl5iJn
Feb. 4, ZXI6
.lU.UU~&.,.u.~t
r the
State
of Texas
, ••
18498473
CHAPMAN AND CUTLER
fORT BEND COUNTY
HOUSING FINANCE
CORPORATION
NOTiCe of PUBLIC
HEARING
In accordence vnth sectfon 1.047(1) of the IntemIll
Revenue Code of 1986. as
amenOed. notk:e 1:1; herebY
given that the Fort Bend
CountY Housing Finance
Corporation (the "Con»ratlon'1 wit hOkI a pUblic:
hearinli lit 10:00 a.m. on
June 15. 2004 .t the New
First Nlltklnal Bank. 221-"
Avenue H. Rosenberg.
Texas. The CorPOnllt1on's
designated hearing officer
will condUct the hearing
on beheIf of the Texlls
CountY of Fort Bend (but
excludil'l9 that portion of
the CitY of Houston 10catecI
in
Fort
Bend
CauntY, Texas)
(the
~PCJtISIl'ri'w PoliffoJJ Subdivision.,.
T~ PUr'POR of the helIring 15 kI lH"ClYide residents
Of the SI:JOnSOrinD' Politkal
Subdivision
an oPDOrtu-
nitv to comment on the
proPOSed issuance bY the
Corporation of one or
more senes of qualtfled
rnorfAge
revenue bonds
(the "Bands"), In II total
amount
not exceedin5l'
SSOAOO.OOO. The
Bonds
are belne issued fOr the
PUrPOSe
of
providing
funds for mortg~
loons
to e1isltie low and modet"-
ate
ineome
horneDuyer3
1he PUrChase
first-time
to finance
qualified
oneto
four-famitv
owner-occupied
~idences located within the
SOOI"ISDrinIII Political SUbcllvisian or 10 reMId bonds
~isSuedforsuch
PUrPOSe. The first-time
homebUY'er
requirement
is ~iWd fOr ll'tOI18asle
1000ns in c:erteln fedenllv
desilmated "tzuvetect" .r~
of
~In:'-==~:
buvers' Income
Of"
BfId
the
PtJrd'lUe Price
residences firwlced ..... SUb·
ied to certain limitIIIIons
eshltllbbed under federal
and state gulder.nes.
The Bands wiD be IIrntted
obIlPtians of the Corporation.
PIIYllbte
sofefy
from the revenues. receiPts and resources of
the Corporation
pledged
~.r~~
an Indebtedness or obIge.
tion of the CCW'POIdo .. ,
of the SPOI'*ri1I Pol-
any
itical
other
SUbdIvISIon
(or
efty,
county.
any
or
munidpal
or peli·
tical COI'DOr'ationor subdivision Of the Shlte of
Texas) or Of the State of
Texas. or a loBO of creelit
of anY of them. within the
meanil\Sll of any constitu·
tionlli or statutory provi·
,ion.
All interested pel"$Clf'lS are
invited to
the heII,.ing and Pl"eSent written or
oral comments
eft ~
Pf"ClPOIed ISSUBnce of the
BondS. Questions or writ·
lencornments Pl"iorto the
date Of the hearh'IIJ IJMIV
be directed to the COrPOration's Bond Counsel"
ChaPfTlU' and
Cutlet"
LLP. 111 West Monrve
Street, Chic..
Illinois
60603. Attenhon: JafIn
other
_"end
TcofB.
May 30 2004
Page 2
RECORDED ON ~ -\f\~~
IN THE COMMISS~ CO~T
MINUTES OF:
-
/\)
FORT BEND COUNTY HOUSING FINANCE CORPORATION
NOTICE OF PUBLIC HEARING
In accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended,
notice is hereby given that the Fort Bend County Housing Finance Corporation (the
"Corporation") will hold a public hearing at 10:00 a,m, on June 15, 2004, at the New First
National Bank, 2214 Avenue H, Rosenberg, Texas. The Corporation's designated hearing
officer will conduct the hearing on behalf of the Texas County of Fort Bend (but excluding that
portion of the City of Houston located in Fort Bend County, Texas) (the "Sponsoring Political
Subdivision").
The purpose of the hearing is to provide residents of the Sponsoring Political Subdivision
an opportunity to comment on the proposed issuance by the Corporation of one or more series of
qualified mortgage revenue bonds (the "Bonds"), in a total amount not exceeding $50,000,000.
The Bonds are being issued for the purpose of providing funds for mortgage loans to eligible low
and moderate income first-time homebuyers to finance the purchase of qualified one- to fourfamily owner-occupied residences located within the Sponsoring Political Subdivision or to
refund bonds previously issued for such purpose. The first-time homebuyer requirement is
waived for mortgage loans in certain federally designated "targeted" areas in the Sponsoring
Political Subdivision. Homebuyers' income and the purchase price of all residences financed are
subject to certain limitations established under federal and state guidelines.
The Bonds will be limited obligations of the Corporation, payable solely from the
revenues, receipts and resources of the Corporation pledged to their payment. The Bonds will
not constitute an indebtedness or obligation of the Corporation, any of the Sponsoring Political
Subdivision (or any other city, county, or other municipal or political corporation or subdivision
of the State of Texas) or of the State of Texas, or a loan of credit of any of them, within the
meaning of any constitutional or statutory provision.
All interested persons are invited to attend the hearing and present written or oral
comments on the proposed issuance of the Bonds. Questions or written comments prior to the
date of the hearing may be directed to the Corporation's Bond Counsel, Chapman and Cutler
LLP, I I I West Monroe Street, Chicago, Illinois 60603, Attention: John Trofa.
[687507 .03.00.8
15920l3/JAD
,
/l,
FORT BEND COUNTY
DATE SUBMITTED: July 28, 2004
AGENDA DATE: A.. ~"st OJ, J004
A ..., ...,t 10,1001(
SUBMITTED BY: Marsha P. Gaines
DEPARTMENT: Tax Assessor /Collector
PHONE NO.: 281-341-3730
COMMI'C.1.
AGENDA
#
2
~
I::)
f"')3 ()
SUMMARY OF ITEM: Waiver of Penalty & Interest; Account #2775-00-002-0260-910, Schulman, Marvin & Cynthia
Kline-Schulman; 2003 Tax Year Pct.#2
Yes()
No()
1. Request for Waiver
2. Recommendation from the Tax Collector
3. Tax Receipt
LIST SUPPORTING DOCUMENTS ATTACHED
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ( ) No ()
Fund
N/A ( )
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: Yes ( X)
CC with back up:
yes ( x) Auditor
yes ( ) Budget Officer
yes ( x ) County Attorney
yes ( x) County Clerk
(281·341·3774)
(281·344-3954)
(281-341·4557)
(281-341·8642)
(281-341-8697)
yes (x
yes ( x
yes ( x
yes ( x
) Comm. Pet. 1
) Comm. Pet. 2
) Comm. Pet. 3
) Comm. Pet. 4
(281·342·0587)
(281·403-8009)
(281·242-9060)
(281-980-9077)
1.
2.
3.
All original back-up must be received in the County Judges Office by 2:00 p.rn. on Wednesday.
Tax Assessor Collector Marsha P Gaines
does recommend waiver
COUNTY JUDGE
(281) 341-8608
Fax (28\) 341-8609
Robert E. Hebert
County
Judge
August 2, 2004
Mr. Marvin Schulman
3027 Reindeer Run
Missouri City, Texas 77459
Reference:
Account No. 2775-00-002-0260-910
Tax Year 2003, Precinct 2
Dear Mr. Schulman:
The County has received your request to waive penalty and interest in the amount of
$79.69 on property taxes for the referenced account for tax year 2003.
I am also in receipt of a letter from the Tax Assessor/Collector for Fort Bend County,
and Commissioners Court is scheduled to consider your request on August 10, 2004, at
1:00 p.m., during regular session. Please contact your Commissioner, Grady Prestage,
at 281-403-8000 if you wish to discuss your request in further detail. Your presence is
not mandatory for the Court to act upon your request.
Section 33.011 (a) of the Texas Tax Code provides Commissioners Court with authority
to consider a waiver of penalty and interest on property taxes in situations where an
error can be proved on the part of either the County Tax Office or the Central Appraisal
District.
Copy:
Commissioner,
Precinct 2, Grady Prestage
30 I Jackson St .. Suite 719 • Richmond. Texas 77469
MARSHA P. GAINES
Fort Bend County Tax Assessor/Collector
P.O. Box 399 Richmond, Texas 77406-0399
281-341-3710 Fax 281-341-9267
E.Mail: gainemar..g}co.fort-bend.tx.us
DATE:
July 21, 2004
TO:
County Judge Robert E. Hebert
Commissioner Tom D. Stavinoha
Commissioner Grady Prestage
Commissioner Andy Meyers
Commissioner James Patterson
Ben W. "Bud" Childers, County Attorney
FROM:
Marsha P. Gaines
Tax Assessor/Collector
RE:
Waiver of Penalty and Interest - Acct#: 2775-00-002-0260-910;
2003 Tax Year; Precinct 2
Schulman, Marvin & Cynthia Kline-Schulman; Legal Description: RIP Dove Country, Block 2, Lot 26
Mr. Marvin Schulman is requesting waiver of penalty and interest on the above referenced account for the 2003
tax
year.
Tax Office records indicate:
• 2003 original tax roll has the above referenced account number listed as Kline-Schulman, Cyntbia Ann, 627
Fair Oak Dr, Stafford, TX 77477-6131
• Original 2003 tax statement mailed to Kline-Schulman, Cynthia Ann, 627 Fair Oak Dr, Stafford, TX 77477•
•
•
•
•
6131
Mr. Schulman applied for a disability exemption for 2003 which was approved by the Fort Bend Central
Appraisal District in November 2003. However, Mr. Schulman was instructed "not to pay his taxes" until
the exemption was applied to his tax record and a corrected bill was mailed.
March 2004, a delinquent notice was mailed to Kline-Schulman, Cynthia Ann, 627 Fair Oak Dr, Stafford, TX
77477-6131.
March 17, 2004, Mr. Schulman brought documentation to our office which he obtained from the Appraisal
District which reflected tbe disability exemption. At this time, an estimated tax bill was calculated for the
taxpayer to pay the corrected levy with his disability exemption, including penalty and interest for March
2004.
Our office received the change from the Appraisal District and updated the tax system April 1,2004.
Payment for the 2003 taxes was made by the taxpayer on March 17,2004, for Stafford MSD and Fort Bend
WCID#2 property taxes which includes March 2004 penalty and interest
Breakdown of Taxes Paid:
Base Tax
Penalty and Interest
Attorney Fees
Total Paid
$885.44
$ 79.69
$ 0.00
$965.13
I do recommend waiver of penalty and interest due to an error by the Central Appraisal District per Section 33.01 1 (a)( 1)
which states, "Tbe governing body of a taxing unit: shall waive penalties and interest on a delinquent tax if an act or
omission of an officer. employee, or agent of the taxing unit or the appraisal district in which the taxing unit participates
caused or resulted in G?1;;iIU:;Z;
before delinq~.~~
STAEMENT
FORT BErm
COUNTY
DOES NO'
JISCRIMINAE
:::Q\.JAL EMPI_CV~'"
ON THE BASiS DF RACE, COLOR.
NAT!ONAL
rJT 'JF'PORTUNITY
ORIGIN
~
STATEMENT
SEX RELIGION,
AGE O~ DISA81L1TY
;N EMPLOYMENT
OR THE PROVISION
OF SE.QYICES
Marvin Schulman
Cynthia Kline-Schulman
3027 Reindeer Run
(281) 778-7336
.:"
County Judge Robert E. Hebert
Richmond, TX 77469
1
1;]04
Re: Waiver of Penalty
Account # 2775-00-002-0260-910
Sir,
On November 13, 2003 I applied for a "Disability Exemption" for my former home
located at 627 Fair Oak Dr., Stafford, TX 77477. I was advised that the Batch 4 process
would take approximately 6 weeks and I would receive a new tax bill. I called in
December and was advised this was still in process.
On or about March 5, 2004 I received a tax bill which did not reflect the exemption. I
returned to the Ft. Bend Central Appraisal District office and spoke to Mr. Ted Mikiersa
and then went to the tax office to clear this matter. I have never been late on my taxes and
this was a concern. I paid the taxes current on March 17, 2004, but was charged penalties
totaling $79.69.
I am requesting a refimd of the penalties as this was a case of misinformation I received.
Thank you for your consideration.
Respectfully,
~schuI:an
Enc!.
TAX RECEIPT
MARSHA P. GAINES
FORT BEND COUNTY TAX ASSESSOR! COLLECTOR
POBOX 399, 500 LmERTY ST" SUITE 101
RICHMOND, TEXAS 77406-0399
(281)341-3710,(281) 341-3741
Certified Owner:
Legal Description:
KLINE-SCHULMAN CYNTHIA ANN
627 FAIR OAK DR
STAFFORD, TX 77477-6131
RIP DovE COUNTRY. BLOCK 2. LOT 26
Parcel Address:
Legal Acres:
627 FAIR OAK DR
0.0000
--<
>-Deposi.t No:
Validation No:
Account No:
Operator Code:
04031101
900000001059761
2775-00·002-0260-910
BONNIEW
Year Tax Onit Name
2003 STAFFORD MSD
Receipt Date:
Deposit Date:
Print Date:
Tax Value
Tax Rate
Levy Paid
P&l
AUy Paid
56.880
1.715500
804.23
72.38
0.00
$804.23
572.38
50.00
03/17/2004
03/1712004
03/17/2004
Total
876.61
-_.~-$876.61
--<
>-CHECK ~UMBER(S):
PAYMENTTYPE: PARTIAL PAYMENT
4850
Checks:
$876,61
$0.00
Cash:
Credit Cards:
SO.Oo
E-Fund Trans:
$0.00
Othen:
SO.OO
S876.61
Total Applied:
Total Tendered:
(All Accounts)
Change Paid:
5876.61
$000
(All Accounts)
REMAINING
BALANCE
PAYER:
627 FAIR OAK DR
(281) 341-3710, (281) 341-3741
Page I or t
TAX RECEIPT
MARSHA 1'. GAINES
FORT BEND COUNTYTAX ASSESSOR!COLLECTOR
POBOX 3'19,500 LffiERTY ST., SUITE 101
RICHMOND, TEXAS 77406-6399
(281)341-3710,(281) 341-3741
Certified Owner:
Legal Description:
627 FAIR OAK DR
RIP DOVE COUNTRY. BLOCK 2. LOT 26
Parcel Address:
Legal Acres:
627 FAIR OAK DR
0.0000
--<
>-Deposit No:
Validation No:
Account No:
Operator Code:
040317Dl
900000001059764
2775·00-002·0260·910
BONNIEW
Year Tax Unit Name
2003 FORT BEND WCID#2
Receipt
Date:
Deposit Date:
Prillr Date:
Tax Value
Tax Rate
Levy Paid
1'&1
89,850
0.162900
81.21
7.31
88.52
0.00
-
-.~--_._-.--
S88.52
$0.00
$7.31
S81.21
031l7/2004
Total
Atty Paid
-------
03/17/2004
03/1712004
--<
>-CHECK NVMBER(S):
PAYME:-rrTVPE,
4850
Checks:
PARTlALPAYMENT
588.52
50.00
Cash:
Credit Cards:
50.00
E-Fund Trans:
$0.00
Others:
$0.00
$88.52
Total Applied:
TotaJ Tendered:
(All Accounts)
Change Paid:
$88.52
50.00
(AU Al:counts)
REMAINING
BALANCE
PAYER,
627 FAIR OAK DR
(281) 341-3710, (281) 34t~J741
Page I of I
FORTBENDCOUNTy~(~~~f)A
COMMISSIONERS
COURTAGENDARE~b1tM
DATE SUBMITTED:
PHONE NO.: 281-341-3769
08-05-04
AGENDA
#~'\t
SUMMARY OF ITEM:
Approve
financial
engagement
statements.
letter with Sandersen,
Knox & Belt to perform
Yes ()
the audit of the County's
(X)
No
LIST SUPPORTING DOCUMENTS ATTACHED: Engagement letter from Sandersen, Knox & Belt
FINANCIAL
SUMMARY:
N/A ( )
OneTime
( )
Funding Source:
Fund 010 Agency 045 Object .....
Recurring
( )
Yes (X)
Original
Form
No()
Submitted
COMMENTS:
ANNUALIZED DOLLARS:
BUDGETED ITEM:
N/A
with back up to County
CC with back up:
IZIAuditor
IZIBudget Officer
IZICounty Attorney
DPurchasing
Agent
IZICounty Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
Judge's
(
Office:
)
IZI ( ~ when completed)
IZIComm.
IZIComm.
IZIComm.
IZIComm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
I.
2.
3.
Fax or inter-office copies of agenda form witb all back up information by Wednesday at 2:00 p.m. to
tbe departments listed above.
All original back-up must be received in tbe County Judges Office by 2:00 p.m. on Wednesday.
2004
Sandersen
K&R~!~~b:~~
13401 Southwest
Freeway,
Suite 101.
Sugar Land, Texas 77478·281/242-3232·
Fax 281,/242-3252·
\V\v\V.skbtex,,~,co~"
Engagement Letter
July 27, 2004
Honorable County Judge and Members
of Commissioners Court
We are pleased to confirm our understanding of the services we are to provide for Fort Bend County,
Texas (the County). We will audit the financial statements of the County and related component units as
listed below ...
As of and
for the
year
ended
Entity
09/30/2004
09/30/2004
Fort Bend County (All other funds)
Fort Bend County Drainage District
... and for the subsequent year.
Also, the documents we submit to you will include the following
information to the extent applicable that will be sUbjected to the auditing procedures applied in our audit
of the financial statements:
•
Management's discussion and analysis.
•
Budgetary comparison schedules.
•
Infrastructure
•
Schedule of expenditures of federal/state
Information under modified reporting.
awards.
The documents will also include statistical information that will not be subject to the auditing procedures
applied in our audit of the financial statements (however, such information will be reviewed).
In addition to these servicesWe will review the CAFR for conformity with the GFOA's Award for Excellence in Financial Reporting
criteria and offer our suggestions for improvement.
We will also provide routine adVisory services through phone calls, conferences or otherwise in
connection with incidental matters arising during the year. These costs would be absorbed in our
Members: American Institute of Certified Public Accountants
July 27, 2004
estimated annual fee. We encourage open lines of communication throughout the year as part of our
services.
Audit Objectives
The objective of our audit is the expression of an opinion as to whether the financial statements are fairly
presented, in all material respects, in conformity with accounting principles generally accepted in the
United States of America and to report on the fairness of the additional information referred to in the first
paragraph when considered in relation to the financial statements taken as a whole. The objective also
includes reporting on•
Internal control related to the financial statements and compliance with laws, regulations, and
the proVisionsof contract or grant agreements, noncompliancewith which could have a material
effect on the financial statements in accordancewith Government Auditing Standards.
•
Internal control related to major programs and an opinion (or disclaimer of opinion) on
compliance with laws, regulations, and the provisions of contracts or grant agreements that could
have a direct and material effect on each major program in accordance with the Single Audit
Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and NonProfit Organizations.
The reports on internal control and compliance will each include a statement that the report is intended
for the information and use of the audit committee, management, specific legislative or regulatory
bodies, federal awarding agencies, and pass-through entities.
Our audit will be conducted in accordance with auditing standards generally accepted in the United States
of America; the standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the proVisions
of OMB Circular A-133, and will include tests of the accounting records, a determination of major
programs in accordance with Circular A-133, and other procedures we consider necessaryto enable us to
express such an opinion and to render the required reports. If our opinion on the general purpose
financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss
the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable
to form or have not fonned an opinion, we may decline to express an opinion or to issue a report as a
result of this engagement.
Management Responsibilities
Management is responsible for establishing and maintaining internal control and for compliance with the
provisions of contracts, agreements and grants. In fulfilling this responsibility, estimates and judgments
by management are reqUired to assess the expected benefits and related costs of the controls. The
objectives of internal control are to provide management with reasonable, but not absolute, assurance
that assets are safeguarded against loss from unauthorized use or disposition; that transactions are
executed in accordance with management's authorizations and recorded properly to permit the
preparation of general purpose financial statements in accordance with generally accepted accounting
principles; and that federal and state award programs are managed in compliance with applicable laws
and regulations and the provisions of contract and grant agreements.
Management is responsible for making all financial and related information available to us. We
understand that you will proVide us with the basic information required for our audit and that you are
responsible for the accuracy and completeness of that information. We will advise you about appropriate
accounting principles and their application and will assist in the preparation of your financial statements,
but the responsibility for the financial statements remains with you. That responsibility includes the
July 27, 2004
establishment and maintenance of adequate records and effective internal control over financial
reporting, the selection and application of accounting principles, and the safeguarding of assets.
Management is responsible for adjusting the financial statements to correct material misstatements and
for confirming to us in the representation letter that the effects of any uncorrected misstatements
aggregated by us during the current engagement and pertaining to the latest period presented are
immaterial, both individually and in the aggregate, to the general purpose financial statements taken as a
whole. Additionally, as required by OMB Circuiar A-133, it is management's responsibility to follow up
and take corrective action on reported audit findings and to prepare a summary schedule of prior audit
findings (if any) and a corrective action plan. The summary schedule of prior audit findings should be
available for our review by the conclusion of audit fieldwork.
Audit Procedures-General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audit will involve judgment about the number of transactions to be
examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather
than absolute assurance about whether the financial statements are free of material misstatement,
whether from errors, fraudulent reporting, misappropriation of assetsor violations of laws r governmental
regulations that are attributable to the entity or to acts by management or employees acting on behalf of
the entity. As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our audit
will include tests of transactions related to federal award programs for compliance with applicable laws
and regulations and the provisions of contract and grant agreements. Becausean audit is designed to
provide reasonable assurance, but not absolute assurance and because we will not perform a detailed
examination of all transactions, there is a risk that material misstatements may exist and not be detected
by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or
governmental regulations that do not have a direct and material effect on the financial statements or
major programs. However, we will inform you of any material errors and any fraudulent financial
reporting or misappropriation of assets that comes to our attention. We will also inform you of any
violations of laws or governmental regulations that come to our attention, unless clearly inconsequential.
We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is
limited to the period covered by our audit and does not extend to matters that might arise during any
later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the
accounts, and may include tests of the physical existence of inventories and direct confirmation of
receivables and certain other assets and liabilities by correspondencewith selected individuals, creditors,
and financial institutions. We will request written representations from your attorneys as part of the
engagement, and they may bill you for responding to this inqUiry. At the conclusion of our audit, we will
also request certain written representations from you about the financial statements and related matters.
Audit Procedures-Internal
Controls
In planning and performing our audit we will consider the internal control sufficient to plan the audit in
order to determine the nature, timing, and extent of our auditing procedures for the purpose of
expressing our opinion on the COunty's financial statements and on its compliance with requirements
applicable to major programs.
We will obtain an understanding of the design of the relevant controls and whether they have been
placed in operation, and we will assess control risk. Tests of controls may be performed to test the
effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud
that are material to the financial statements and to preventing and detecting misstatements resulting
from illegal acts and other noncompliance matters that have a direct and material effect on the financial
statements. Tests of controls are reqUiredonly if control risk is assessedbelow the maximum level. Our
July 27, 2004
tests, if performed, will be less in scope than would be necessaryto render an opinion on internal control
and, accordingly, no opinion will be expressed in our report on internal control pursuant to Government
Auditing Standards.
As required by OMB Circular A-133, we will perform tests of controls, to evaluate the effectiveness of the
design and operation of controls that we consider relevant to preventing or detecting material
noncompliance with compliance reqUirements that are applicable to each of your major federal award
programs. Our tests will be less in scope than would be necessary to render an opinion on internal
control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to
OMB Circular A-133.
An audit is not designed to proVide assurance on internal control or to identify reportable conditions.
However, we will inform you of any matters involving internal control and its operation that we consider
to be reportable conditions under standards established by the American Institute of Certified Public
Accountants. Reportable conditions involve matters coming to our attention relating to significant
deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect
the entity's ability to record, process, summarize, and report financial data consistent with the assertions
of management in the financial statements. We will also inform you of any nonreportable conditions or
other matters involving internal control, if any, as required by OMBCircular A-133.
Audit Procedures-Compliance
Our Audit will be conducted in accordance with the standards referred to in the section titled Audit
Objectives. As part of obtaining reasonable assuranceabout whether the financial statements are free of
material misstatement, we will perform tests of the County's compliance with applicable laws and
regulations and the provisions of contracts and agreements, including grant agreements. However, the
objective of those procedures will not be to prOVidean opinion.on overall compliance and we will not
express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.
OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance
about whether the auditee has complied with applicable laws and regulations and the provisions of
contracts and grant agreements applicable to major programs. Our procedures will consist of the
applicable procedures described in the OMB Circular A-133 Compliance Supplement for the types of
compliance requirements that could have a direct and material effect of each of the County's major
programs. The purpose of those procedures will be to express an opinion on the County's compliance
with requirements applicable to major programs in our report on compliance issued pursuant to OMB
Circular A-133.
Audit Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we
request and will locate any invoices selected by us for testing.
At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data
Collection Form that summarizes our audit findings. We will provide copies of our reports to the County;
however, it is management's responsibility to submit the reporting package (including financial
statements, schedule of expenditures of federal awards, summary schedule of prior audit findings,
auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated
federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the
reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or
nine months after the end of the audit period, unless a longer period is agreed to in advance by the
cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide
July 27, 2004
information to management as to where the reporting packagesshould be submitted and the number to
submit.
The workpapers for this engagement are the property of Sandersen Knox & Belt, L.L.P. and constitute
confidential information. However, we may be requested to make certain workpapers availabie to your
cognizant or grantor agency pursuant to authority given to it by law or regulation. If requested, access
to such workpapers wili be proVided under the supervision of sandersen Knox & Belt, L.L.P personnel.
Furthermore, upon request, we may prOVidephotocopies of selected workpapers to your cognizant or
grantor agency. Your cognizant or grantor agency may intend, or decide, to distribute the photocopies or
information contained therein to others, including other governmental agencies.
The workpapers for this engagement will be retained for a minimum of three years after the date the
auditors' report is issued or for any additional period requested by your Cognizant Agency, Oversight
Agency for Audit, or Pass-through Entity. If we are aware that a federal awarding agency, pass-through
entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding
for gUidanceprior to destroying the workpapers.
Government Auditing Standards require that we prOVideyou with a copy of our most recent quality
control review report. Our 2001 peer review report accompaniesthis letter.
Fees for our services are based on the actual time spent at our standard hourly rates, plus travel and
other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary
according to the degree of responsibility involved and the experience level of the personnel assigned to
your audit. The time estimates used to estimate our fees is based on anticipated cooperation from your
personnel and the County's preparation of reasonably accurate financial information and closing
schedules. Our time budget for this engagement does not include an allowance for substantial
modifications to the County's financial information and reporting considerations and additional procedures
related to alleged noncompliance with laws and regulations and similar improprieties. We will
immediately notify the appropriate party when such conditions are encountered. To the extent possible
we will estimate the cost to handle such matters and obtain approval prior to performing any additional
work. Due to the nature of our work such approval may not always be possible. In addition, we may be
legally compelled by subpoena or similar request to expend additional time and incur other expenses to
handle matters arising from this engagement. Such costs have not been included in the above estimate
and would be billed at our standard hourly rates and actual costs incurred, including legal consultations.
As customary in the industry the price quoted is an estimate. In accordancewith rules of the State Board
of Public Accountancy we cannot be bound to proVidethe audit for the amount estimated. However, in
practice we honor our fee estimates unless adverse conditions such as those described above are
incurred. Our fee estimate for the audits as listed above are $61,500 for Fort Bend County and $8,500
for the Fort Bend County Drainage District. Subsequentyear fee estimates will be submitted for each
annual renewal. This agreement is subject to cancellation by either party upon thirty days written notice
via certified mail.
Our invoices for these fees will be rendered each month as work progresses and are payable within 30
days.
We appreciate the opportunity to be of service to the County and believe this letter accurately
summarizes the significant terms of our engagement. If you have any questions, please let us know. If
you agree with the terms of our engagement as described in this letter, please sign the enclosed copy
and return it to us.
July 27, 2004
Sincerely,
Alan K Sandersen, CPA
For the Firm
RESPONSE:
This letter correctly sets forth the understanding of Fort Bend County, Texas.
"3-\b -!() ~
ATTEST;
., :.Piarii]~
,.
Wilson, County Clerk
-
.
Date
BUFFINGTON
& COMPANY, P.C.
CERTIFIED PUBLIC ACCOUNTANTS
770
SOUTH POST OAK LANE. SUITE 600
HOUSTON. TEXAS 77056
(713) 961-3939
FAX(713) 622-6158
€}-\f\~O~
RECORDED ON _J.1-..l.1...:.~--=
ER CQURT
IN THE COMMISSI~\>~,,\
MINUTES OF.
.
November 20,2001
To the Partners
Sandersen, Knox & Belt, L.L.P.
Sugar Land, Texas
We have reviewed the system of quality control for the accounting and auditing practice
of Sanders en, Knox & Belt, L.L.P. (the firm) in effect for the year ended May 31,2001.
A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the
Statements on Quality Control Standards issued by the American Institute of Certified
Public Accountants (AICP A). The design of the system and compliance with it are the
responsibility of the firm. Our responsibility is to express an opinion on the design of the
system, and the firm's compliance with the system based on our review
Our review was conducted in accordance with standards established by the Peer Review
Board of the AICPA. In performing our review, we obtained an understanding of the system of quality control for the firm's accounting and auditing practice. In addition, we
tested compliance with the firm's quality control policies and procedures to the extent we
considered appropriate. These tests covered the application of the firm's policies and procedures on selected engagements. Because our review was based on selective tests, it
would not necessarily disclose all weaknesses in the system of quality control or all instances oflack of compliance with it.
Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any
evaluation of a system of quality control to future periods is subject to the risk that the
system of quality control may become inadequate because of changes in conditions, or
because the degree of compliance with the policies or procedures may deteriorate.
In our opinion, the system of quality control for the accounting and auditing practice of
Sanders en, Knox & Belt, L.L.P. in effect for the year ended May 31, 2001, has been designed to meet the requirements of the quality control standards for an accounting and
auditing practice established by the AICPA, and was complied with during the year then
ended to provide the firm with reasonable assurance of complying with professional standards.
MEMBER PRIVATE COMPANIES PRACTICE SECTION OF THE AMERICAN INSTITUTE OF CPA's
FORM 801
FOR THE YEAR 2004
On this the
I(}
d day of
~
, the Commissioners'
~
Court, with the following members being present
Robert E. Hebert
County Judge
Tom Stavinoha
Commissioner
Precinct #1
Grady Prestage
Commissioner
Precinct #2
Andy Meyers
Commissioner
Precinct #3
James Patterson
Commissioner
Precinct #4
/~,GENDAITE~A
'2-S'
The fallowing proceedings were had, to-wr~,
THAT WHEREAS,
theretofore,
on September 9,2003,
the Court heard and approved the budget for the year 2004 for
WHEREAS,
the Commissioners'
an existing budget surplus to a budget
of a similar kind and fund. The transfer does not increase the total oftha budget.
Department
Name:
Department #:
~
~
6
\
TRANSFERTO:
AMOUNT
NUMBER
L1NE~TEMNAME
'6/
TOTAL TRANSFERRED TO: $
TRANSFER FROM:
~o-k>C'
o tI~-- t./ tJ C/~
<I'
TOTAL TRANSFERRED FROM: $
Department
Head:
'--i$.J
UJ k
lz,
'i'I, ~ I ,J. :;-q
gl 31 J. s-q
•
'i1.3/:J
>
Date: _--<~-""-'.-=-l.
BY:
or"!
$0
$0
_
FORT BEND COUNTY
RETURN
TO: AGENDA COORDINATOR
OFFICE
r· /I - 0 j'
DATE SUBMITTED:
COURT AGENDA DATE:
AGENDA
#
1'./0-01
SUMMARY
OF ITEM:
RENEWAL
CONTRACT/AGREEMENT:
LIST SUPPORTING
- COUNTY JUDGE'S
DOCUMENTS
'd,{p
Yes ()
ATTACHED:
No
<X)
~
FINANCIAL SUMMARY:
BUDGETED
ITEM:
Yes(40()
Fund
Dru
ANNUALIZED
N/A()
Funding Source:
Agency
.,Object
00
T
O;ZD~
O;}.O,,",
COMMENTS:
DOLLARS:
OneTime
('1'
Recurring
N/A
()
( )
Original Form Submitted with back up to County Judge's Office: ( )
CC with bJ)ck up:
( \I) p.uditor
( vJ Budget Officer
( ) County Attorney
( ) County Clerk
Instructions
1.
2.
3.
for submitting
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
( '" when completed)
(v) Comm. Pet. 1
( v1 Comm. Pet. 2
( v1' Comm. Pet. 3
(0Comm. Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
an Agenda Request:
RECOMMENDATION
/ ACTION REQUESTED:
f\UG
3'1
FORM 801
FOR THE YEAR 2004
On this the
day of
---'-
' the Commissioners'
Court, with the following members being present:
Robert E. Hebert
County JUdge
Tom Stavinoha
Commissioner
Grady Prestage
Commissioner
Precinct #2
Andy Meyers
Commissioner
Precinct #3
James Patterson
Commissioner
Precinct #4
Precinct #1
The following proceedings were had, to-wr~,
THAT WHEREAS,
theretofore, on September 9, 2003, the Court heard and approved the budget for the year 2004 for
WHEREAS,
the Commissioners'
Court has transferred an existing budget surplus to a budget
of a similar kind and fund. The transfer does not increase the total of the budget.
004
District Clerk
Department Name:
TRANSFER TO:
LINE-ITEM
AMOUNT
NUMBER
NAME
004-0202
004-0201
004-0201
004-0201
TOTAL TRANSFERRED TO: ..:$'--
Overtime
Part-Time
Part-Time
Part-Time
$305
$11,000
$7,600
$9,155
$28,060
-==::.::..-
TRANSFER FROM:
il>!
(~
Ii
- ~..:...
Hardware
Software
EXPLANATION:
Y'"
004-0206
~J';30S
t lieO ~.j.-itlY"
:j
--------'7$7=','!!!!60:::0~
004-1012
$9,155
004-3040
$28,060
TOTAL TRANSFERRED FROM: ....:.$
~=.;::..:....
~:tt:,
ae
u::/f1--e- L c~
.
Date
t' -1"-0 y
GLORY HOPKINS
DISTRICT CLERK
August 4, 2004
To:
Commissioners Court
From: District Clerk Glory Hopkins
Re:
Funding for Part-time Employees
I am requesting the transfer of $28,060 to fund the salaries of part-time employees for
the remaining of budget year 2004.
The funds are available from the following line items in the District Clerk's 2004 budget:
*
*
004-0200
004-1012
* 004-3040
* 004-0200
Total transfer
Salary
Hardware
Software
Salary
$11,000
7,600
9,155
305
$28,060
The justifications for the transfer of funds include:
1. The added work coming from Associate Judge Ruiz. Judge Ruiz is not disposing
of many more cases than the district judges did before his employment. The added
work in handling his caseload comes from the disorganized way that he operates.
The following are examples:
• . Returning up to 300 files at a time;
• Keeping large numbers of files longer than 1 month;
• Errors in paperwork that have to be sent back to him to correct;
• More than 40% of the files have to be routed to a district judge for his
signature;
• Returning several hundred files as late as 5:00 P.M;
• Increase in number of phone calls from the jail because they do not know
the status of inmates;
• Volume of mail that we cannot put in files because he keeps them for long
periods of time; and
• Number of repeat inquiries due to the fact that we don't have the files to
answer questions. This problem could be alleviated if the criminal cases
were on ACS because ACS will have a complete history of case activity
that we cannot record on the mainframe application.
I requested a business plan from both Judge Elliott and Associate Judge Ruiz last
December. I repeated the request to both of them. I have received nothing in response.
30 I Jackson Street
Richmond, TX 77469
Phone (281) 341-4514
FAX (281) 341-4561
Therefore, the Clerk's office handles the messy business as it comes to us, and we spend
many hours sorting through the files and putting them in order before we can begin our
work.
2.
3.
4.
5.
6.
There are as many as 7 courts convening some mornings;
Addition of the STAR and Sanctions Courts;
More dockets for CPS and AG courts;
More trips to the warehouse to get files as a result of increased activity; and
The Clerk's office has received no information regarding the business operation
of the Sanctions Court. But, we did receive a stack of paper work from that court
this morning with no prior notice. We have no idea how often to expect the work
or how much to expect at one time. A lot of the files that we win need to process
the work win have to be picked up from the warehouse in Rosenberg.
Thank you for your consideration. Please can me at extension 4514 if you have any
questions.
ci&HO~rl:Pr;pl~~
District
erk
Cc; Budget Officer Jim Edwards
County Auditor Ed Sturdivant
13:21
Aug 4 '04
Fax:281-341-4418
FEC ELECTIONS ADMIN.
P.03
AGENDA ITF=~ri
FORTBENDCOUNTY
DATE SUBMITTED:
SUBMI'ITED BY:
DEPARTMENT:
PHONE NO.:
08/0412004
COURT AGENDA DATE:
- COUNTY JUDGE'S
08nO/2004
OFFICE
Steve Raborn
281-341-8670
AGENDA
#
c:l1A
SUMMARY OF ITEM: Approve pay rates for varions classes of election workers effective 10/0112004 as shown On schedule
provided by Elections Administrator.
Yes ( )
LIST SUPPORTING
DOCUMENTS
No(x)
Proposed pay schedule for election workers
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes(X)
No()
NfA()
ANNUALIZED DOLLARS:
OneTime
Fnndlng Source:
Fund 010 Agency 069 Object 0201
()
RecurriDg
N/A
COMMENTS:
Increase of approlimately
520,000 for major county-wide election. Funding
for iDcrease ineladed iD Elections AdmiDistration
FY 2005 budget request.
(X)
( )
Original Form Submitted with back up to County Judge's Office: (X)
CC with back up:
(X) Auditor
( x) Budget Officer
(x) Purchasing Agent
(x ) County Clerk
Iustructlons
1.
2.
3.
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
( 0/ when completed)
( x ) Comm. Pet. 1
( x ) Comm. Pet. 2
( x ) Comm. Pet. 3
( x ) Comm. Pet. 4
for submitting au Agenda Request:
Completely fill out agenda form, Incomplete forms will not be processed.
All original back-up must be received iD tbe Couaty Judges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION
/ ACTION REQUESTED:
Fnndinll for increases in pay for election workers has been included in the Elections Administration
budg.t
(281-342-6587)
(281-403-8009)
(281-242-9060)
(281-986-9077)
r.q,UQ!lt.
Addi.tional duties 1ll1posed on. cdeetioD judScs as vn~1I." ;U.1;~Kd
Deparlment
FY 2005
dlMculty in flndlng qualified elc:l;tioDworkers
warrant an increase In pay. A comparison with 7 other countles shows that tbisincrease
above the average pay for election worken.
would brine Fort Bend County Just
AU9.4 '04
Fax:281-341-4418
13:21
P.04
Proposed Pay Rates for
Fort Bend County Election Workers
Effective 10101/2004
(to be considered by Commissioners Court on 08/10/2004)
Proposed Hourly Pay
Current Hourly Pay
Position
Early Voting Judge
Early Voting clerk
$7.00
$7.00
$9.00
$8.00
Election
Election
Election
Election
Election
$6.00
$6.00
$6.00
$25.00 (flat rate)
$6.00 plus mileage
$8.00
$7.00
$7.00
$25.00 (flat rate)
$8.00 plus mileage
Early Voting Ballot Board
$6.00
$8.00
Election Central clerks
Election Central machine operators
$6.00
$7.00
$8.00
$8.00
Phone bank clerks
$6.00
$8.00
Day Presiding Judge
Day Alternate Judge
Day Clerks
Day return of supplies
Day runners
Other County Comparison:
County
Brazoria
Collin
Denton
Harris
McLennan
Montnomerv
Williamson
A.verane
Early Voline
Judee
Early Vollne
Clerk
Election Day Election Dav
Clerk
Judae
$8.0n
$10.0
$8.0C
$9.40
$7.Oc
$9.00
$8.0n
$7.00
$8.0
$7.0(
$7.9~
$6.00
$7.00
$7.00
$8.00
$10.00
$9.00
$7.50
$7.00
$6.00
$7.0C
$7.00
$8.00
$7.00
$6.00
$6.00
$6.0C
$7.0C
$8.49
$7.13
$7.79
$6.71
__ 8iJ9
Fax:281-341-4418
COMMISSIONERS
SUMMARY OF ITEM:
08/10/2004
OFFICE
Steve RAborn
281-341-8670
AGENDA
#c116
Consider relocation of county early voting site from Arcola City Hall to Hightower Higb School
Yes ( )
LIST SUPPORTING
- COUNTY JUDGE'S
SUBMITTED BY:
DEPARTMENT:
PHONE NO.:
08/04/2004
COURT AGENDA DATE:
P.OS
FORT BEND COUNTY
/.1.(j t: I
DATE SUBMITTED:
13:21
4 '04
DOCUMENTS
No(x)
Memo from Steve Raborn
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ( ) No ()
Fund
N/A (X)
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
COMME1"ITS:
( )
Recurring
N/A
()
( x )
Original Form Submitted with back up to County Judge's Office: (X)
CC with back up:
(x) Auditor
( x) Budget Officer
(x) County Attorney
(x ) County Clerk
Instructions
1.
2.
3.
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
( x ) Comm.
( x ) Comm.
( x ) Comm.
( x) Comm.
( '" when completed)
Pet. 1
Pet. 2
Pet. 3
Pet. 4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
FIII or Inter-ofr .. e copies of agenda form with all back up Information by Wednesday at 2:00 p.m. to
All original bock-up must be received In the County Jndges Office by 2:00 p.m. on Wednesday.
RECOMMENDATION
/ ACTION REQUESTED:
See memo from Steve RohDrn. Recommend approval based on regional early voting turnoot statistics.
Fax:281-341-4418
FBC ELECTIONS ADMIN.
Aug 4 '04
13:22
P.06
Office of Elections Administration
(281) 341-8670
Fax (281) 341-4418
Steve Raborn
Elections
Adrninistra/o,.
MEMORANDUM
TO:
Members of Commissioners Court
FROM:
Steve Raborn, Elections Administrator
SUBJECT:
Proposed change in Early Voting location
DATE:
August 4, 2004
I am writing to propose that Commissioners Court approve a change in early voting location from Arcola City Hall
to Hightower High School.
Early voting is conducted on a "regional" basis, as there are only 10 early voting locations within the county. The
Arcola City Hall location is almost always the early voting site with the least turnout (see data on following page).
Anecdotal comments and an analysis of early voting turnout from precincts along the Highway 6 corridor (south of
and including the Lake Olympia neighborhood) indicate that many residents in this area are unaware of the Arcola
early voting site. Early voting turnout from the 2000 and 2002 general eJections show that residents of voting
precincts 1118 (Sienna Plantation) and 2061 (Vicksburg) were more likely to travel to the First Colony or Missouri
City early voting sites even though the Arcola City Hall site is closer to their neighborhoods.
Moving the Early Voting site to Hightower High School would make the early voting site more centrally located to
all of the residents of Fresno, Arcola, Teal Run, Sienna Plantation, Vicksburg, Lake Olympia, and surrounding
neighborhoods (voting precincts 1003, 1058, 1114, 1118, 1134,2034,2061, and 4062). Hightower High School is a
well-known landmark in this area, and is visible from Highway 6. It is also adjacent to the new Fort Bend Parkway
1011 road. (For the record, Hightower High School is slightly less than 3 miles from Arcola City Hall).
Moving the Early Voting site to Hightower High School should also relieve some of the overwhelming turnout at
First Colony Confetence Center and Missouri City City Hall, two of our busiest early voting locations.
Officials of the City of Arcola have heen very generous in allowing us to use their facility for early voting for many
years, and in no way are we dissatisfied with their facility Or services. In fact we appreciate their assistance and
cooperation through many elections. It is just that, unfortunately, many residents outside the Fresno and Arcola
communities are apparently unaware of the Arcola City Hall and its designation as an early voting site; and we
believe that Hightower High School would altnlct more early voters from this region of Fort Bend County
Please let me know if you have any questions or concerns regarding this request.
cc:
Elaine Bishop, FBC Democratic Chair
Eric Thode, FBC Repuhlican Chair
Mt:lyor Alvin
Ofpson,
Clty of Arcola
Fort Bend County Rosenberg Annex
Physical: 4520 Reading Road, Sui'. A· Rosenberg, Texas 77471
Mailing: 301 Jackson Street· Richmond. Texas 17469
e-mail address:[email protected]
_AU9.4 '04
Fax:281-341-4418
P.07
13:22
Early Voting turnout from selected precincts 2000 and 2002 General Elections
2002 General Election
2000 General Election
Precinct
FColonv
MoCltv
Arcola
FColonv
MoCltv
Arcola
100
57
152
1003
1058
1114
1118
1134
2034
2061
4062
122
61
204
110
19
7
2
27
143
3
0
3
5
118
0
1
123
10
298
354
0
112
82
71
4
TOTALS
649
835
320
474
P
17
C
0
E
0
21
97
~
1
222
280
6
48
0
0
53
40
629
148
1
Early Voting turnout 1rom all sites in Primary & General Elections 1998 ·2004
Early Voting
Site
1998
1998
PrimarY
General
General
7~
1,076
277
49~
777
494
1,593
2,639
4,926
610
2,230
2,779
7t
616
667
82C
26E
46E
655
7046
l,34C
4,726
!l19
362
796
nla
nla
434
1.695
488
3,925
237
1,003
7292
nla
nla
n/e
38,61~
7,483
1 143
213
nla
850
2,500
1.993
2,865
11,1ge
7,12!i
First Colon v
Fulshear
299
111
119
375
645
79
nla
'OTALS
PrimarY
238"
nla
Needville
RosenberQ Annex
Travis Buildina
2004
Primary
2,248
633
605
1.81'
Cinco Ranch
nla
Meadows Place
Missouri City
2002
General
26
401
1,191
17'
50E
1.010
121
613
Garcia Middle Sch
2002
Primary
732
2.042
3,790
7875
854
3302
4882
51
33E
Arcola
Chasewood
2000
2000
91
681
620
24410
5686
FORT BEND COUNTY
RETURN TO: AGENDA COORDINATOR· COUNTY JUDGE'S OFFICE
DATE SUBMITTED:
SUBMITTED BY: Steve Raborn
DEPARTMENT: Elections Administration
281-341-8670
PHOIlo"ENO.:
08/04/2004
COURT AGENDA DATE: 08/1012004
AGENDA
#~1(
SUMMARY OF ITEM: Consider early voting locadons and schednle for November 2,2004 general election
Yes ()
RENEWAL CONTRACf/AGREEMENT:
No (x)
Proposed early voting schedule
FINA.1'~CIALSUMMARY:
Fund
BUDGETED ITEM:
ANNUALIZED DOLLARS:
Yes ( ) No()
OneTime
N/A(X)
Funding Source:
Agency Object
COMMENTS:
()
Recurring
N/A
()
( x )
Original Fonn Submitted with back up to County Judge's Office: (X)
CC with back up:
(x) Auditor
( x) Budget Officer
(x ) County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
( x ) Comm.
( x ) Comm.
( x ) Comm.
( x ) Comm.
( ., when completed)
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077) .
I Instructions for submitting an Agenda Request:
1.
2.
3.
Completely fill out agenda form, Incomplete forms will not be processed.
Fax or inter-omce copies of agenda form with all back up Informadon by Wednesday at 2:00 p.D!.to
the departments lIsted above.
All original back-Up must be received in tbe County Judges Office by 2:00 p.m. ou Wednesday.
RECOMME-"lDATION 1 ACTION REQUESTED:
Reqnest approval as presented.
FBC ELECTIONS ,ADMIN.
Aug
Fax:281-341-4418
4 '04
13:23
P.Og
Fort Bend County Early Voting Schedule (PROPOSED)
November 2,2004 General Election
(to be considered by Commiisionen Court
00
OS/1012004)
Schedule for: Rosenberg Annex - 4520 Reading Road, Rosenberg, TX
Missouri City City Hall - 1522 Texas Parkway, Missouri City, TX
Garcia Middle School - 18550 Old Richmond Road, Sugar Land, TX
Fulshear Precinct 3 Office Building - 8100 FM 359, Fulshear, TX
Hightower High School- 3333 Hurricane Lane, Missouri City, TX
Day
Hours
Date
Monday - Friday
October 18 • 22, 2004
8:00 a.m. to 5:00 p.m.
Saturday
October 23,2004
7:00 a.rn. to 7:00 p.m.
Sunday
October 24, 2004
12:00 p.m. to 5:00 p.m.
Monday - Friday
October 25 - 29, 2004
7:00 a.m. to 7:00 p.m.
Schedule for: Chasewood Clubhouse -7622 Chasewood Drive, Missouri City, TX
Meadows Place City Hall - One Troyan Drive, Meadows Place, TX
First Colony Conference Center - 3232 Austin Parkway, Sugar Land, TX
Old Needville Fire House· 3115 Richmond Street, Needville, TX
Day
Hours
Date
Monday· Friday
October \8 - 22, 2004
10:00 a.m. to 7:00 p.rn.
Saturday
October 23, 2004
7:00 a.m. to 7:00 p.m.
Sunday
October 24, 2004
\2:00 p.m. to 5:00 p.rn.
Monday - Friday
October 25 - 29, 2004
7:00 a.m. to 7:00 p.rn.
Schedule for: University of Houston at Cinco Ranch - 4242 South Mason Road, Katy, TX
Day
Hours
Date
Monday· Friday
October 18 • 22, 2004
10:00 a.m. to 7:00 p.rn.
Saturday
October 23, 2004
7:00 a.m. to 7:00 p.m.
Sunday
October 24. 2004
CLOSED
Monday· Friday
October 25 ·29,2004
7:00 a.m. to 7:00 p.rn.
FORT BEND COUNTY
DATE SUBMITTED:
OFFICE
SUBMITTED BY:p.BAT'1'SlAGENDA
COORDINATOR)
DEPARTMENT:
EIlGIIIEERIIlG
PHONE NO.:
(281) 633-7507
8/2/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
8/10/04
AGENDA
#
~~t\
TJlKE ALL APPROPRIATE
ACrIlllf ro APPROVE EllSEIIEIIT ~
CDICO RANCII llESIDlIIl'rIAL PROPERn
ASSOCIATIlllf,IIlC. (TIll! "ASSOCIATIOIl") ro FOR'l' BEIID COOIl'l'f, TEXAS FOR TIll! COIlSTRIICTIlllf
OF A IIOISE IIALL BY TIll! TEXAS DEPAR'IIIEIlT OF TRAIlSPORTATIlllf ALONG TEXAS PIIl093 AT 110
EXPEIISE ro TIll! COOIl'l'f ,PCT.3.
SUMMARY OF ITEM:
Yes()
LIST SUPPORTING DOCUMENTS
No()
ATTACHED:
.
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ( ) No ()
Fund
N/A ( )
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
()
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( ,/ when completed)
If by Fax to (281) 341-8609
( ) Auditor
(281-341-3774)
( ) Comm. Pet. 1
(281-342-0587)
( ) Budget Officer
(281-344-3954)
( ) Comm. Pet. 2
(281-403-8009)
( ) County Attorney
(281-341-4557)
( ) Comm. Pet. 3
(281-242-9060)
(281-341-8642)
( ) Comm. Pet. 4
(281-980-9077)
( ) County Clerk
(281-341-8697)
I.
2.
3.
RECOMMENDATION
/ ACTION REQUESTED:
O~~& ~~~fKMw.~).: ~
'?~J~
~
- .
~(\\>
<t& ~-
RE:
_
HOOVERSLOVACEKLLP
A
MARKK.
IlOAAD
BOARD
CFRTlFlIDn,,,,MERCIAL
CDlTlI1ED./I£SIDFNlIAl.
lTXAS
BOARD
of
LEuAL
REGISTERED
REAL
Rl'.AL
LIMITED LIABILITY PARTNERSHIP
ATIORNEYS
KNOP
EST "TF
CST A IE
'~fnAUZA
REPLY TO'
P.O. BOX 4547
HOUSTON, TEXAS 77210-4547
AT LAW
SAN FELIPE PLAZA
5847 SAN FELIPE, SUITE 2200
HOUSTON, TEXAS 77057-3918
LAW
LAW
TlUN
[email protected]
(713) 977-8686
FAX (713) 977-5395
June 25, 2004
Mr. James Stavinoha
First Assistant County Attorney
Ms. Carol Letz
Texas Department of Transportation
P.O. Box 1386
Re:
Easement from Cinco Residential Property Association, Inc. (the "Association") to
Fort Bend County, Texas for the construction of a noise wall by the Texas
Department of Transportation along Texas FM 1093
Dear Mr. Stavinoha and Ms, Letz:
As you know, I represent the Association. Enclosed is the revised Easement in connection
with the referenced matter. The changes that both of you requested have been incorporated into the
Easement and have been approved by the Association. Therefore, I believe the Easement is now
ready so that we can complete the blanks set forth therein and sign it. In fact, I have original copies
of the Easement that have already been signed by the Association.
Please review the Easement and call me to discuss completion of this document and how to
facilitate its execution by Fort Bend County, Texas.
If you have any questions, please call me.
Sincerely,
~~O~~SL~
ACEK LLP
-'rt::r I I~
!V1arK K. Knop
MKKlcmm
439014/122094-17
Enclosures
•
----_
....
COUNTY ATRlRNEY
.....
--J.----
June 25,2004
Page 2
cc:
Tammy Murphy (w/o encl.)
The Cinco Associations
Via tete/ax no. (281) 599-0478
07/30/2004 1630
~ 002/008
FAX
EASEMENT
STATE OF TEXAS
§
COUNTY OF FORT BEND
§
§
KNOW ALL MEN BY THESE PRESENTS:
THAT CINCO RJi:SIDE1'ITlAL PROPERTY ASSOCIATION INC., a Texas non-profit
corporation, of the County of Fort Bend, Stale of Texas, hereinafter referred to as Grantor, for and in
consideration of the sum of ONE AND NOilOO DOLLARS ($1.00) to Grantor in hand paid, the receipt
and sufficiency of which is hereby acknowledged, and for which no lien is retained, either expressed or
implied, has this day DONATED and does by these prese.llts GRANT, GIVE and CONVEY unto the
County of Fort Bend, a body corporate and politic under the laws of rhe State of Texas, hereinafter
referred to as Grantee, an easement for the purpose of the installation of a noise wall (the "Noise Wall")
in, along, upon and across the following-described property (the "Property") in the County of Fort Bend,
State of Texas, more particularly described by melCS and bounds on Exhibit A attached hereto and
incorporated herein for all purposes and as shown on the survey attached hereto as Exhibit Band
incorporated herein for all purposes.
It is hereby understood and by the acceptance of this instrument it is recognized rhat Grantor
retains title to all of the oil, gas and sulphur and orher mineral interests in and under said land, but waives
any and all rights of mgress and egress to the surface thereof for the purpose of exploring, developing,
mining or drilling for same; provided, however, that operations for exploration or recovery of any such
minerals shall be permissible so long as all surface operations in connection therewirh are located at a
point outside of the Property.
TO HAVE AND TO HOLD said easement unto the County of Fort Bend to be used for said
purpose, forever; and Grantor does hereby bind itself and its successors and assigns TO WARRANT
AND FOREVER DEFEND all and singular the said premises unto the said For! Bend County, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any
part thereof by, through or under Grantor but not otherwise.
This conveyance is subject to all easements, restrictions, reservations, covenants, conditions and
mineral and royalty interests of record in the County Clerk's Official Public Records of Real Property of
Fort Bend County, which affect rhe property herein conveyed, to the extent they are valid and subsisting
and are enforceable against a political subdivision of the State of Texas.
Grantor reserves the righllO use the Property subject to this Easement for any purpose so long as
such use does not unreasonably interfere WIth the use ofthe Easement herein granted for the purposes set
forth therein.
Grantee agrees that at no cost and expense to Grantor, Grantee will cause the Noise Wall to be
constructed on the Property according to the Plans and Specifications (the "Plans") dated July 15, 2004,
prepared by the Texas Department of Transportation under Job No. 1258-03-027.
No significant
revisions will be made to said Plans without the prior written consent of the Grantor, which consent will
not be unreasonably withheld, condilioned or delayed. It is contemplated that Grantee will enter into an
authorization agreement With the Texas Department of Transportation and that the Texas Department of
4417S4wMKK 122094 00017 7129/04
Q..Q.\1\'. ~ - \Q
~~\'I\
-o~~~~f\
-\:~'.
JUL 30
\C~~
' 4
16:40
PRGE.002
07/30/2004
IdI 003/008
16-31 FAX
Transportation will construct the Noise Wall at its cost and e;"pense in conneetion with the construction of
the highway known as FM 1093_
Chantor hereby grants to Grantee a temporary construction easement over and across so much of
the remainder of the Grantor's property adjacent to the Properly which is reasonably necessary for the
construction of the Noise Wall. Such temporary construction easement shall commence at the time of
commencement of construchon of the Noise Wall and shall continue until completion of construction of
the Noise Wall provided that once the construction of the Noise Wall is commenced, construction will be
diligently pursued to completion_
Grantee anticipates to cause cOllStructionof the Noise Wall to be commenced by April!, 2005,
and anticipates completion of the Noise Wall construction to take 180 days. The Noise Wall shall be
constructed in a good and worlananlike manner in accordance with the Plans.
Upon complel1On of the Noise Wall in accordance with the Plans, Grantor shall be required to
mamtam and repair and ifnecessary, replace the Noise Wall at Grantor's cost and expense.
To the extent permitted by law, Grantee agrees to indemnify, hold harmless and defend Grantor
from any and all claims, demands, causes of action, losses, liabilities, costs and expenses, including but
not limited to attorneys' fees and court COStS for injury to person or damage to property to the extent
caused by the negligence of willful lJI)sconduct of Grantee, its agents, employees or contractors in any
way related to the rights granted under this Easement. Grantor agrees to indemnify, hold harmless and
defend Chantee from any and all claims, demands, causes of action, losses, liabilities, costs and expenses,
including but not limited to attorneys' fees and court costs for injury to person or damage to property to
the extent caused by the negligence of willful misconduct of Grantor, its agents, employees and
contractors in any way related to the rights granted under this Easement. The indemnified parties shall
notify the indelJlllifying party of any claim covered by the foregoing indemnity within thirty (30) days
after the indemnified party has actual notice of such claim, but failure to notify the indemnifying party
timely shall not prejudice the rights of the indenmified party under this agreement unless the
indemnifying party shall be prejUdiced by such failure and then only to the extent the indClJlllifying party
shall be prejudiced by such failure. The indemnifying party may employ legal counsel to defend any such
claim, subject, however, to the indemnitied party's ri!:ht to approve counsel so employed, which approval
shall not be unreasonably withheld, conditioned or delayed.
441754w MKK 12209400017 7r29/04
JUL 30
'04 16:40
2
PRGE.003
0/130/2004
16
31
@004/UOS
FAX
EXECUTED
this the
~
day of )uL"1
30
,2004.
GRANTOR:
CINCO RESIDENTIAL
ASSOCIATION,
PROPERTY
By:
Prin-:-te-d:-:N:-:aLm-e:>':
=:...!....~s,,.....,,....--;:9.-;-;::;:;c--
f5126~
Title:
GRANTEE:
By:
Prin
Title:
STATE OF TEXAS
r:,ame:
:;~~
UN
{ uij~
§
§
§
COUNTYOFFORTBEND
This instrument as acknowledged before me on theW"
by
/00
C. HeberlL
tent:-S ,fLrk+-+-
as
Pre5de,,-O.L>+~' __
PROPERTY AS:~~M:lililMiolllli!
day o~
2004.
of CINCO
RESIDENTIAL
_ '~rporation, on behalf of said corporation.
.... ~,-r-
NotarySlate of TexaI
~ )i-
t. ..
'! •..
My~~
May 6. 2007
COUNTY OF FORT BEND
§
§
This Instrument as acknowledged before me on the
as
/ ()
CnW1& judy<
body corporate and politic under the laws of the State
day of
Guga"'};,2004,
of COUNTY OF FORT BEND, a
OfT:;O;'i::lf E~tity-Kwc.i
NOTARY PUBLIC, State of Texas
441754'" MKK 122094000177/29/04
3
D'Neal Krisch
Notary PuIJic, My~~",
a1~
April 2, 2007' '
PAGE.004
01/30/2004
16
31
FAX
PREPARED IN THE LAW OFFICES OF:
WHEN RECORDED, RETURN TO:
MarkK.Knop
Hoover Slovacek LLP
P. O. Box 4547
441754wMKK 122094000177/29/04
JUL
30
'04
16:40
HOOVER SLOVACEK liP
5847 San Felipe, Suite 2200
(113) 977-8686/fax: 977-9395
File No. 12 2094-17
4
PAGE.DDS
07/30/2004
l'!1
16 31 FAX
EXHIBIT
006 002
"A.1l
Metes and Bounds Description
0.4125 Acre (17,970 Square Feet)
Brooks & Burleson Survey, A-145
Being 04125 of an acre (17,970 square feet) of land situated in the Brooks & Burleson Survcy, A-145,
Fort Bend County. Texas; said 0.4125 of an acre being more particularly desclibed by metes and
bounds in two (2) tracts as follows with all bearings referenced to the Texas Coordinate System of
1927, South Central Zone:
TRACT 1:
Being 0.3135 of an acre (13,657 square feet) of land situated in the Brooks & Burleson Survey, A-145,
Fort Bend County, Texas, and being a portion of Restricted Reserve "A", CINCO RANCH F.M. 1093
TRACT, a subdivision in Fon Bend County, recorded in Slide Nwnber 2087A of the Fort Bend
County Plat Records (F.B.C.P,R.);
BEGINNING at a 5/8-inch iron rod with cap stamped "SURVCON INC" found marking the westerly
corner of Lot 27, Block 1 of said CINCO RANCH F.M. 1093 TRACT, same being on the
southeasterly line of a 3D-foot wide Storm Sewer Easement and Access Easement, recorded under File
Number 8656627 of the Fort Bend County Official RecordS (F.B.C.O.R.) and the most westerly north
comer of said Restricted Reserve "A" and the herein described tract;
THENCE, South 47°35'09" East, along the southwesterly line of said Lot 27, Block 1 and along a
northeasterly line of said Restricted Reserve "A" a distance of 10.00 feet to a point for corner;
THENCE, South 42°24'52" West, departing said southwesterly line of Lot 27, Block I and said
northeasterly line of Restricted Reserve "A", a distance of25.00 feet to a point for an illterior comer of
the herein described tract;
THENCE, South 47°35'08" East, a distance of 113.48 feet to an angle point, same being on the
northerly line of a 10-foot wide Utility Easement and Aerial Easement recorded in Slide Number
2087A of said F.B.C.P.R.;
THENCE, North 83°03 '55" East, along the northerly line of said 10-foot wide Utility Easement and
Aerial Easement, a distance of 1,212.72 feet to a point for the n0l1heasterly comer of the herein
described tract, being on the westerly right-of-way line of Southchase Trail Laue (90-feet wide) as
recorded in Slide Number 2087A of said F.B.C.P.R.;
THENCE, South 06°56'16" East, along said westerly right-of-way line, a distance of 5.00 feet to a 5/8inch iron rod with cap stamped "SURvCON INC" found for the beginning of a tangent curve to the
right;
THENCE, Southcastcrly 5.03 feet along said westerly light-of-way line, and along the arc of said
curve to the right (Central Angle = 11 °32']2", Radius ~ 25.00 feet, Chord Bearing and Distance ~
South 01°09'45" East, 5.03 feet) to a point for the southeasterly comer of the herein described n·.ct,
same being in the southerly line of said 10-foot wide Utility Easement and Aerial Easement and the
northerly line of a 10-foot wide Storm Sewer Easement recorded under File Number 8656627 of said
F.B.C.O.R.;
Page 1 of3
JUL
30
'04
15:41
PRGE.005
07/30/2004
16 32 FAX
THENCE, South 83°03'55" West, departing saJd westerly right-of-way line and along the Ime
common to said 10-foot wide Utility Easement alld Aerial Easement alld said 10-foot wide Stonn
Sewer Easement, a distance of 1,216.81 feet to an angle point;
THENCE, North 4]035'08" West, departing said common line, a distance of 128.07 feet to an angle
point, same being on the southeasterly line of said 30-foot wide Storm Sewer Easement and Access
Easement and the northwesterly line of said Restricted Reserve "A";
THENCE, North 42°24'55" East, along the southeasterly line of said 30-foot Stonn Sewer Easement
and Access Easement and the northwesterly line of said Restricted Reserve "A", a distance of 35,00
feet to the POINT OF BEGINNING and containing within its bOlmds a computed area of 0.3135 of an
acre (13,657 square feet) ofland within Tract I.
TRACT 2:
Being 0.0990 of an acre (4,313 square feet) ofland situated in the Brooks & Burleson Survey, A-145,
Fort Bend County, Texas, and being a portion of Restricted Reserve "D",
RANCH F.M, 1093
TRACT, a subdivision in Fort Bend County, recorded in Slide Number 2087A of the Fort Bend
County Plat Records (F,B.C.P,R.);
cmco
BEGINNING at a 5/8-inch iron rod with cap stamped "SURVCON INC" found marking the south
southeasterly comer of Lot 71, Block 1 of said
RANCH F.M. 1093 TRACT, same being on
the westerly line of Unrestricted Reserve "A" as recorded in Slide Numbers 875A and 875B of said
F.B.C.P.R. and the north comer of said Restricted Reserve "D" and the herein described tract;
cmco
THENCE, South 06°56'03" East, departing said Lot 71, Block I and along the line common to said
Unrestricted Reserve "A" and said Restricted Reserve ''0'' a distance of 44.07 feet to an angle point;
THENCE, South 45°38'20" West, departing said common line, a distance of 56.24 feet to an angle
point, same being in the southerly line of a 10-foot wide Utility Easement and Aerial Easement per
Slide Number 2087 A of said F.B.C.P .R. and the northerly line of a 10-foot wide Stom1 Sewer
Easement recorded under File Number 8656627 ofsaid F.B.C.O.R.;
THENCE, South 83°03'55" West, along the line common to said 10-foot wide Utility Easement and
Aerial Easement and said 10-foot wide Storm Sewer Easement, a distance of 342.66 fcet to a point [or
the southwesterly comer of the herein dcscribed tract being on the easterly right-of-way line of
Southchase Trail Lane (90-feet wide) as recorded in Slide Number 2087A of said F.B.C.P.R.;
THENCE, Northwesterly 5.03 feet along said easterly right-of-way line and along the arc of a nontangent curve to the right (Central Angle = 11°32'18", Radius = 25.00 feet, Chord Bearing and
Distance = North ]2°42'20" West, 5.03 feet) to a point of tangency;
TIiENCE, North 06°55'54" West, continuing along said easterly right-of-way line, a distance of 5,00
feet to a point for the most westerly nOl1hwestcorner of the herein described tract, same being in the
northerly line of said 10-foot wide Utility Easement and Aerial Easement;
THENCE, North 83°03'55" East, departing said easterly right-of-way line and along the northerly line
of said IO-foot wide Utility Easement and Aerial Easement, a distance of339.78 feet to an angle point;
Page 2 of3
JUL
30
'04
16:41
PAGE.OO?
~1!30/2004 16 32 FAX
THENCE, North 45°]8'20" East, departing the northerly line of said 10-foot wide Utllity Easement
and Aerial Easement, a distance of 47.92 feet to an angle point;
THENCE, North 06°56'05" West, a distance of 31.48 feet to a point for the most northerly northwest
comer of the herein described tract on the southeasterly line of said Lot 71, Block I;
THENCE, North 45°38'21" East, along said southeasterly line, a distance of 12.59 feet to rhe POINT
OF BEGINNING and containing within its bounds a computed area of 0.0990 of an acre (4,313 square
feet) of land within Tract 2.
Tracts J and 2 have a combined total computed area of 0.4125 of all acre (17 ,970 square feet) ofland
Prepared by:
SURVCON INe.
5757 Woodway
(713) 780-4123
Job No. 610523.0698
April 5, 2004
J :\TCDSubdivisions\Cinco\SOUND
WALL\O _4125 A C.doc
Page 300
JUL
30
'04
16:41
PAGE.00S
FORT BEND COUNTY
DATE SUBMITTED:
OFFICE
SUBMITTED BY:p .BATTS(AGENDA aJORDIBATOR) AGENDA
DEPARTMENT:
EllGINEERII¥i
# .;(~
PHONE NO.:
(2811 633-7507
8/3/04
COURT AGENDA DATE:
- COUNTY JUDGE'S
6
8/10/04
TAKE ALL JlPPRlll'RIJ\TE ACrI(Jl ro APPROVE TIlE ADVAIlCIID FOIlDIIIG AGREIIIIEIIT Ilt:IIiEJllj FOR'l BEIID
llIlD TXIlOT TO PERl'OIlII PRELIIIIIlARY EllGINEERIl¥i/EIIVIlllHIEII'r
AIIllLYSIS REGARDIIIG F11723:
IIORTB OF BRAZOS RIVER TO FIIl093,
AIDJII'r !lOT ro EXCEED $15O,OOO.OO,IDlILITY
IlOIlD PROJECT
154,PC'l'S. ,1&3
SUMMARY OF ITEM:
LIST SUPPORTING DOCUMENTS
Yes ()
No ( )
ATTACHED:
FINANCIAL SUMMARY:
BUDGETED ITEM:
Yes ( ) No ()
Fund
N/A ( )
Funding Source:
Agency
Object
ANNUALIZED DOLLARS:
One Time
( )
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( ./ when completed)
If by Fax to (281) 341-8609
( ) Auditor
(281-341-3774)
( ) Comm. Pet. 1
(281-342-0587)
( ) Budget Officer
(281-344-3954)
( ) Comm. Pet. 2
(281-403-8009)
( ) County Attorney
(281-341-4557)
( ) Comm. Pet. 3
(281-242-9060)
(281-341-8642)
( ) Comm. Pet. 4
(281-980-9077)
( ) County Clerk
(281-341-8697)
I.
2.
3.
TION / ACTION REQUESTED:
~~
must be provided by
-*
I
P.O. BOX 1386' HOUSTON, TEXAS n251·1386' (713) 802·5000
July 22, 2004
CONT ACT, PLAN REVIEW
BY CERTIFIED MAIL P 7003 1680000049303516
Fort Bend County
CSJ 0188-09-040
FM 723: North of Brazos River to FM 1093
Mr. D_ Jesse Hegemier, P.E
County Engineer
Fort Bend County Engineering Department
1124 Blume Road
Dear Mr. Hegemier:
Attached for your review and approval are two unexecuted counterparts of an Advance
Funding Agreement
for Fort Bend County (County) to perform the preliminary
engineering/environmental analysis for the subject project.
We request that you review the agreement and inform us immediately if you have any comments_
Should you have no comments, we request that you have the agreement executed on behalf of
the County and return the two original counterparts properly executed to this office for further
handling.
We need a copy of a resolution or motion of your government body that commits funds to this
project. This resolution is needed as Attachment C to the agreement. Please provide this
funding commitment when you send us the agreement for further handling.
We look forward to working with you on this important project and request your timely response
to this letter.
If you should have any questions concerning this matter, please contact
Ms. Darlene D. Taylor of this office at (713) 802-5864.
Sincerely,
R.,.jk.S'~
Raj K. Syal, P.E.
Director of Plan Review
Houston District
DDT
Attachments
cc: Mr. Gabriel Y_Johnson, P.E.
Mr_ James W_ Koch, P.E.
Mr. Mark D. Patterson, P.E.
Ms_ Darlene D. Taylor
An Equal Opportunity
Employer
Fort Bend County
CSJ: 0188-09-040
FM 723: North of Brazos River to
FM 1093
STATE OF TEXAS
§
COUNTY OF TRAVIS
§
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
ForA
SURFACE TRANSPORTATION PROGRAM
METROPOLITAN MOBILITY REHABILITATION
THIS AGREEMENT (the Agreement) is made by and between the State of Texas,
acting by and through the Texas Department of Transportation hereinafter called the
"State", and the County of Fort Bend, Texas, acting by and through its duly authorized
officials, hereinafter called the "Local Government."
WITNESSETH
WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (lSTEA)
st
and the Transportation Equity Act for the 21 Century (TEA-21) codified under Title 23
U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of
protecting and enhancing communities and the natural environment and advancing the
nation's economic growth and competitiveness; and
WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation
improvements to implement its public purposes; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish
that the State shall design, construct and operate a system of highways in cooperation
with local governments; and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds;
and
WHEREAS, the State and the Local Government desire improvements to FM 723 at the
location shown on the Map in Attachment A; and,
WHEREAS, the section of FM 723 from North of Brazos River to FM 1093 has been
selected as a Long Range Priority Project in the 2022 Metropolitan Transportation Plan of
the MPO, as shown in Attachment B; and
AFA Long Generic
Page 1 of 11
WHEREAS, the Local Government has requested that the State allow the Local
Government to participate in said improvement by funding that portion of the
improvement described as the development of the preliminary engineering, which
includes but is not limited to, preparing or having prepared by a consultant the
preliminary engineering, which includes, but is not limited to, right of way maps,
property descriptions and diagrammatic layout; perform field surveys; prepare a
drainage study, complete acquisition of right of way; and providing other necessary
items required by the State at the County's sole expense, in order to make the project a
more viable candidate for future Federal funding; and,
WHEREAS, the State shall provide the environmental assessment, environmental
documentation
and clearances,
permits, public involvement,
conduct
public
meetings/hearings,
review the preliminary engineering performed by the Local
Government, and provide other items as required; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution or ordinance dated
which is attached
hereto and made a part hereof as Attachment C for the participation in the development
of the Project at the location shown on the map in Attachment A; and,
WHEREAS, the State and the Local Government. agree that completion of the
preliminary engineering for this Project does not guarantee selection of the Project for
Federal construction funding in the future.
WHEREAS, the State has determined that such participation is in the best interest of
the citizens of the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as
hereinafter set forth, the State and the Local Government do agree as follows:
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing
makes the Agreement fully executed. This Agreement shall remain in effect until the
Project is completed or unless terminated as provided below.
AFA Long Generic
Page 2 of 11
2. Scope of Work
The State and the Local Government agree that the scope of the Project is to
prepare the environmental assessment, right of way maps, property descriptions,
schematic layout; perform field surveys; prepare a drainage study; conduct public
meetings/hearings; prepare a drainage study, complete acquisition of right of way;
and any other work necessary to perform preliminary engineering.
3. Local Project Sources and Uses of Funds
a. The total estimated cost of the Project is shown in the Project Budget Attachment D which is attached hereto and made a part hereof. The expected
cash contributions
from the federal or State government,
the Local
Governments, or other parties is shown in Attachment D. The State will pay for
. only those project costs that have been approved by the Texas Transportation
Commission.
b. This project cost estimate shows how necessary resources for completing the
project will be provided by major cost categories. These categories may include
but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs
of environmental
assessment and remediation;
(4) cost of preliminary
engineering and design; (5) cost of construction and construction management;
and (6) any other local project costs.
c. The State will be responsible for securing the Federal and State share of the
funding required for the development and construction of the local project. If the
Local Government is due funds for expenses incurred, these funds will be
reimbursed to the Local Government on a cost basis.
d. The Local Government will be responsible for all non-federal or non-State
participation costs associated with the Project, including any overruns in excess
of the approved local project budget unless otherwise provided for in this
Agreement or approved otherwise in an amendment to this Agreement.
e. Prior to the performance of any engineering review work by the State, the Local
Government will remit a check or warrant made payable to the "Texas
Department of Transportation" in the amount specified in Attachment D. The
Local Government will pay at a minimum its funding share for the estimated cost
of preliminary engineering for the project.
f. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its remaining financial share for the State's
estimated construction oversight and construction costs.
g. In the event the State determines that additional funding is required by the Local
Government at any time during the Project, the State will notify the Local
Government in writing. The Local Government will make payment to the State
within thirty (30) days from receipt of the State's written notification.
h. Upon completion of the Project, the State will perform an audit of the Project
costs. Any funds due to the Local Government, the State, or the Federal
government will be promptly paid by the owing party.
AFA Long Generic
Page 3 of 11
i.
The State will not pay interest on any funds provided by the Local Government.
j. If a waiver has been granted, the State will not charge the Local Government for
the indirect costs the State incurs on the local project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
project.
k. If the project has been approved for a "fixed price" or an "incremental payment"
non-standard funding or payment arrangement under 43 TAC §15.52, the budget
in Attachment D will clearly state the amount of the fixed price or the incremental
payment schedule.
I. The Texas Comptroller of Public Accounts has determined that certain counties
qualify as Economically Disadvantaged Counties in comparison to other counties
in the state as below average per capita property value, and below average per
capita income, and above average unemployment, for certain years.
This
Agreement reflects adjustments to the standard financing arrangement based on
this designation.
m. The state auditor may conduct an audit or investigation of any entity receiving
funds from the state directly under the contract or indirectly through a
subcontract under the contract. Acceptance of funds directly under the contract
or indirectly through a subcontract under this contract acts as acceptance of the
authority of the state auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds.
4. Termination of this Agreement
This Agreement shall remain in effect until the project is completed and accepted by
all parties, unless:
a. the Agreement is terminated in writing with the mutual consent of the parties, or;
b. because of a breach of this Agreement. Any cost incurred due to a breach of
contract shall be paid by the breaching party.
5. Amendments
Amendments to this Agreement due to changes in the character of the work or
terms of the Agreement, or responsibilities of the parties relating to the Project may
be enacted through a mutually agreed upon, written amendment.
6. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of
by either party to this Agreement and shall be cumulative.
AFA Long Generic
Page 4 of 11
7. Utilities
Not Applicable.
8. Environmental Assessment and Mitigation
Development
of a transportation
project must comply with the National
Environmental Policy Act and the National Historic Preservation Act of 1966, which
require environmental clearance of federal-aid projects.
a. The State is responsible for the identification and assessment of any
environmental
problems associated with the development
of the project
governed by this Agreement.
b. The State is responsible for the cost of any environmental problem's mitigation
and remediation.
c. The State is responsible for providing any public meetings or public hearings
required for development of the environmental assessment.
d. The State will obtain written certification from appropriate regulatory agency(ies)
that identified environmental problems have been remediated.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of
all projects subject to this Agreement are in compliance with the Texas Accessibility
Standards (TAS) issued by the Texas Department of Licensing and Regulation,
under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS
establishes minimum accessibility requirements to be consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336)
(ADA).
10.
Architectural and Engineering Services
The Local Government shall provide the architectural and engineering services.
The architectural and engineering services shall include, but not be limited to,
preparing the right of way mapping, property descriptions, and schematic layout;
performing field surveys; and preparing a drainage study.
The engineering study shall be developed in accordance with the applicable State's
Standard Specifications for Construction and Maintenance of Highways, Streets and
Bridges, and the latest edition and revisions of the State's Highway Design Division
Operations and Procedures Manual or the American Association of State Highway
and Transportation Officials A Policy on Geometric Design of Highways and Streets,
Federal regulations for conformity with the Clean Air Act air quality requirements, the
EPA-National Pollutant Discharge Elimination System requirements, the Texas
Manual on Uniform Traffic Control Devices, and the American Association of State
Highway and Transportation Officials Guide For The Development of Bicycle
Facilities. In addition, all engineering work shall be prepared using the English
AFA Long Generic
Page 5 of 11
system of measurements.
Documents prepared
involvement shall be in the English unit system.
for the
purpose
of public
The Local Government must comply with applicable State and Federal rules and
procedures in selection of the consultant to provide engineering services for the
Project and the consultant selection procedure must have prior approval by the
Texas Department of Transportation and the Federal Highway Administration. The
State will monitor the Local Government's selection process for adherence to
Federal rules and procedures. The consultant selected by the Local Government
shall be subject to the approval of the State. The Local Government must submit a
copy of the consultant's contract to the State for approval prior to the consultant
starting work. The Local Government shall forward to the State a copy of the
completed engineering and design plans of the Project for review.
The State shall reimburse the Local Government funds which have been incurred
and are applicable to the federal cost sharing arrangement established herein. The
Payments to the Local Government for services rendered will be made monthly
based upon the Local Government's approved monthly progress report and itemized
and certified statements (Texas Department of Transportation Form 132, or an
invoice that is acceptable to the State) detailed to show the names of employees,
time worked, actual work performed and actual rates. Monthly statements should
include authorized non-salary expenses with supporting itemized invoices. The
Local Government shall comply with the cost principles established in OMS Circular
A-8?, "Cost Principles for State and Local Governments."
The itemized and certified statements shall show the total amount earned to the
date of submission and the amount due and payable as of the date of the current
statement.
Final payment of any money due should be made to the Local
Government after satisfactory completion of all services and obligations covered in
this contract, including acceptance of work by the State and completion of final
audit. Final payment does not relieve the Local Government of the responsibility of
correcting any errors and/or omissions resulting from negligence.
The original Form 132, or an invoice that is acceptable to the State, and (4) copies
should be submitted directly to the District Office to expedite processing. Upon
receipt and approval of each statement, the Department shall pay the amount which
is due and payable within thirty (30) days time.
The State will perform a 30 percent, 60 percent, 90 percent and final review of the
engineering plans, specifications and estimate work being developed by the Local
Government's consultant. The State will also review all geotechnical, surveying,
design, environmental,
hydraulic reports and data submitted by the Local
Government, process environmental documents and oversee any necessary public
involvement.
AFA Long Generic
Page 6 of 11
If the Local Government has submitted work in accordance with the terms of this
contract but the State requests changes to the completed work or parts thereof
which involve changes to the original scope of services or character of work under
the contract, the Local Government shall make such revisions as requested and as
directed by the State.
The Local Government shall be responsible for the accuracy of work and shall
promptly make necessary revisions or corrections resulting from its errors,
omissions, or negligent acts.
The Local Government's responsibility for all questions arising from design errors
and/or omissions will be determined by the State. The Local Government will not be
relieved of the responsibility for subsequent correction of any such errors or
omissions.
The responsible Engineer shall sign, seal and date all appropriate engineering
submissions to the State in accordance with the Texas Engineering Practice Act and
the rules of the Texas Board of Professional Engineers.
In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the project is federally funded and
with Texas Government Code 2254, Subchapter A, in all cases.
Professional services contracts for federally funded projects must conform to federal
requirements, specifically including the provision for participation by disadvantaged
business enterprises (DBEs), ADA, and environmental matters.
11.
Construction Responsibilities
Not applicable.
12.
Project Maintenance
Not applicable.
13.
Right of Way and Real Property
The scope of work of the Project may include preparation of right of way maps.
Should right of way map preparation be performed as part of the Project, the Local
Government shall prepare real property maps, right of way plat(s), property
descriptions and other data as needed to properly describe the real property and
submit them to the State for approval prior to the Local Government acquiring the
real property. Tracings of the maps shall be retained by the Local Government for
its permanent record.
AFA Long Generic
Page 7 of 11
14. Notices
All notices to either party by the other required under this Agreement shall be
delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to
such party at the following addresses:
Local Government:
Mr. D. Jesse Hegemeir, P.E.
County Engineer
1124 Blume Road
State:
Mr. Gary K. Trietsch, P.E.
District Engineer
P. O. Box 1386
All notices shall be deemed given on the date so delivered or so deposited in the
mail, unless otherwise provided herein. Either party may change the above address
by sending written notice of the change to the other party. Either party may request
in writing that such notices shall be delivered personally or by certified U.S. mail and
such request shall be honored and carried out by the other party.
15. Legal Construction
In case one or more of the provisions contained in this Agreement shall for any
reason be held invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions and this Agreement
shall be construed as if it did not contain the invalid, illegal or unenforceable
provision.
16. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant,
or employee of the other party and each party agrees it is responsible for its
individual acts and deeds as well as the acts and deeds of its contractors,
employees, representatives, and agents.
17. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the
State shall remain the property of the State.
All data prepared under this
Agreement shall be made available to the State without restriction or limitation on
their further use. All documents produced or approved or otherwise created by the
Local Government shall be transmitted to the State in the form of photocopy
reproduction on a monthly basis as required by the State. The originals shall
remain the property of the Local Government.
AFA Long Generic
Page 8 of 11
18. Compliance with Laws
The parties shall comply with all Federal, State, and Local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
Agreement. When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
19. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement's subject matter.
20. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMS Circular A-8? that specify that all reimbursed costs
are allowable, reasonable and allocable to the Project.
21.
Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR
§18.36 and with the property management standard established in Title 49 CFR
§18.32.
22.
Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers,
accounting records and other documentation relating to costs incurred under this
Agreement and shall make such materials available to the State, the Local
Government, and, if federally funded, the Federal Highway Administration (FHWA),
and the U.S. Office of the Inspector General, or their duly authorized representatives
for review and inspection at its office during the contract period and for four (4)
years from the date of completion of work defined under this contract or until any
impending litigation, or claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have
access to all the governmental records that are directly applicable to this Agreement
for the purpose of making audits, examinations, excerpts, and transcriptions.
23. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L.
98-502, ensuring that the single audit report includes the coverage stipulated in
OMS Circular A-133.
24. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
AFA Long Generic
Page 9 of 11
§71 0.405(8)), and Executive Order 11246 titled "Equal Employment Opportunity," as
amended by Executive Order 11375 and supplemented in the Department of Labor
Regulations (41 CFR Part 60).
25. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise
Program requirements established in 49 CFR Part 26.
26.
Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is
debarred or suspended or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549. "Debarment and
Suspension." The parties to this contract shall require any party to a subcontract or
purchase order awarded under this contract to certify its eligibility to receive Federal
funds and, when requested by the State, to furnish a copy of the certification in
accordance with Title 49 CFR Part 29 (Debarment and Suspension).
27. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her
knowledge and belief, that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, grants,
loans, or cooperative agreements, the signatory for the Local Government shall
complete and submit the federal Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
c. The parties shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
By executing this Agreement, the parties affirm this lobbying certification with
respect to the individual projects and affirm this certification of the material
representation of facts upon which reliance will be made. Submission of this
AF A Long Generic
Page 10 of 11
certification is a prerequisite for making or entering into this transaction imposed by
Title 31 U.S.C. §1352.
Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
28. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into
this Agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be
executed i
plicate counterparts.
Name
ko
beet. c. He.bert
Printed Name and Title'
lc."cJnfJJ~~
-~J
014i'
fAt 10; ~ooi
Dat
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission for the purpose and effect of activating and/or carrying out the orders,
established policies or work programs heretofore approved and authorized by the
Texas Transportation Commission.
Janice Mullenix
Director of Contract Services Section
Office of General Counsel
Date
AFA Long Generic
Page 11 of 11
(Sorted by slr8et, county)
PROJ
to
PROJ
NUMBER
19601995-0390--
TO
FROM
LOCATION
CSJ
co
NUUBER
0111-01-072
HAR
FM521
UNK
HAR FM521
1003-G1..Q61
BRA
LOCATION
DRILL SHAFTS VERTICAL
HEADWALL
@SIMSBAYOU
XX
2332 199&0259-·
TOTAL
COST
PROJECT
DESCRIPTION
PROJ
STATUS
FUNDING
SOURCE
$444.000
S
3C
lH610
CLEAR CREEK
IMPROVE DRAINGE
$5.000.000
S
TIlD
SH 332
0.2 MI S OF FM
WIDEN TO 4 LN DIV RUR
$5.310.000
S
4D
SH 35
CONST'REFINERY
$2,150,000
L
11
xx
512 BROOO3
FM 523
1495
1004-01-040
9648 1996-0852--
BRA
FM 524
S SIDE OF
BYPASS
PHIWPS
98
REFINERY
HAR
UNK
72 HROO88
1006-01.g00 HAR
937 1998-0104-·
XX
FM 526(CE
KING PKWY)
BW8(E)
US 90
WIDEN TO 4 LN UNDIV
$11,700,000
L
4C
FM 529
BARKER
SH99
WIDEN TO 4 LN DIV
$15,800,000
L
4C
14
CYPRESSRD
1024-01-042 CHA FM 565
FM 2354
FM 1405
RECONSTRUCT
BASE &
RESURFACE ROADWAY
$2.200,000
S
4052 GLOOO8
0978-02-034 GAL
FM 646
1.0 MI E OF SH
146(N)
SH 146 IN)
WIDEN TO 4 LN ON
$3,062,000
L
4D
515 GLOQ10
0978-01-024 GAL
FM 646
FM517
SH6
WIDEN TO 4 LN OIV
$14.000,000
S
40
9708 GLOOO9B
0349-01-013 GAL
FM 646
FM517
IH 45
WIDEN TO 4 LN DIV
$7,997,000
S
40
$4.000.000
S
40
S
4E
9888 1998-0839-98
514 GlOOO9A
981
1998-0105-
-
UNK
GAL
FM646
IH45
FM 1266
WIDEN TO 4 LN OW
0188-09-901
FOR
FM 723
BRAZOS RNER
FM 1093
WIDEN TO 4 LN OW RUR
$33,250.000
XX
T=TIP (yrs. 0O..Q2)
S=Short-Range
t\plan\mtp2022r\proj
lists\proj dbf\2022
ATTACHMENT
B
(yrs. 03-07)
mtp.mdb
L=Long-Range
(yrs. 08-22)
TLOC=LocaIly
Page 31 of 83
Page 1 of 1
funded proj (cip, bond prog)
Revised 212000
ATTACHMENT C
ST.-\TE OF TEXAS
~
COL"NTY OF FORT BE:"<1)
~
ORDER
WHEREAS. the section of FM 723 from North of Brazos River to FM 1093 in Fort
Bend County has been selected as a Long Range Priority Project in the 2022
Metropolitan Transportation Plan of the 'vIPO; and.
WHEREAS. the County and the State desire improvements to this section of FM -23 as
part of the Metropolitan Mobility Rehabilitation Program; and.
NOW. THEREFORE. on this the 10'h dav of August. 2004. the Commissioners Court of
Fort Bend County. Texas. upon motion of'Commi:sioner
by Commissioner
\.
)XPnl\'~f\
seconded
'\J\e,.~Q[:'),duly put and carried:
IT IS ORDERED tha~ th~rt
Bend County Judge is authorized to execute the
Advanced
with
Funding
Agreement
Texas
Department
of Transportation
for
improvements to FM 723: North of Brazos River to FM 1093 and to commit funds in the
amount of S 150,000.00
for a Preliminary Engineering/Environmental
i\nalysis the
By:
Robert E. Hebert. County Judge
Dianne Wilson. Ph.D. County Clerk
Ij;(1rd..:r F.\I -:-::.,:;
or01ec:::O~W9fI4:J6: 2-:''':
Page 1 of 1
Attachment C
-\1'\
RECORDED ON ~
-O~
IN THE COMMISSI9f~RCR~RT
MINUTES OF-;Q-v,
Fort Bend County
CSJ: 0188-09-040
FM 723: North of Brazos River to
FM 1093
ATTACHMENT D
Project Budget and Description
The Local Government shall provide the right of way maps, property descriptions, a
diagrammatic layout; perform field surveys; a drainage study; complete acquisition of
right of way and any other work necessary to perform preliminary engineering.
The State shall provide the environmental assessment, environmental documentation
and clearances, permits, public involvement, conduct public meetings/hearings, review
the preliminary engineering performed by the Local Government, and provide other items
as required; and,
Project
Description
Preliminary
Engineering For:
0188-09-901
FM 723: North of
Brazos
River to
FM 1093
Total
Estimate
Cost
$150,000.00
State
Participation
Federal
Partici ation
%
Cost
Cost
Local Participation
%
Cost
0%
$0.000%
$0.00
100%
$150,000.00
$0.000%
$150,000.00 0%
$0.000%
$0.000%
$0.00
$0.00
100%
100%
$0.00
$150,000.00
TOTAL
Local Government's Participation (100%) =
$150,000.
For the purposes of this Project the Local Government and their consultant will be
considered an extension of State staff and no review costs will be charged to the Local
Government for this mutually beneficial Project. This is a construction estimate only;
final participation amounts will be based on actual charges to the Project.
ATTACHMENT D
Page 1 of 1
FORT BEND COUNTY
DATE SUBMITTED:
SUBMITTED BY:P_BATTS(AGEIlDA
COORDINATOR)
DEPARTMENT:
ENGINEERIIlG
PHONE NO.:
(281) 633-7507
8/9/04
8/10/04
COURT AGENDA DATE:
SUMMARY OF ITEM:
AGENDA
# 28(C)
TAKE ALL APPROPRIATE ACTIlJ!I lJ!I 'l'JIE PROPOSAL TO FORT m2lD COlJIl'rY BY TRAYYIC J:2IGINEERS FOR
TRAYYIC STUDY fOR STATE BIGllllAY 36 PROl'OSED PAIRGROONIlS BOOLEVARD, AS REQUIRED BY TEXAS
DEPAR'nIEIIT
OF TllAllSPORTATIlJ!I,PCT.1,
Yes()
AND DETERIlIHE
FlJNl)IIIG.
(FIJNI):
01O-045-0456-12llO-4OU)
No()
FINANCIAL SUMMARY:
ANNUALIZED DOLLARS:
BUDGETED ITEM:
Yes(
)No()
N/A()
Funding Source:
Fund
Agency
Object
One Time
( )
Recurring
N/A
()
( )
COMMENTS:
Original Form Submitted with back up to County Judge's Office: ( ) ( y" when completed)
If by E-Mail to ospindon(ti),co.fort-bend.tx.us
If by Fax to (281) 341-8609
(281-342-0587)
( ) Comm. Pet. 1
(281-341-3774)
( ) Auditor
(281-403-8009)
( ) Comm. Pet. 2
( ) Budget Officer
(281-344-3954)
(281-242-9060)
( ) Comm. Pet. 3
( ) County Attorney
(281-341-4557)
(281-980-9077)
(281-341-8642)
( ) Comm. Pet. 4
(281-341-8697)
( ) County Clerk
Instructions
1.
for submitting
an Agenda Request:
2.
Completely fiU out agenda form, incomplete forms will not be processed.
3.
RECOMMENDATION
/ ACTION REQUESTED:
must be provided
by
TraFfic
AU~ 09 04 08:27a
Enl~ineers,
Inc.
(7131270-8148
p. 1
TRAFFIC ENGINEERS, INC.
THE. TEAM You CAN DEPEND ON
8323 Soufhwes1 Freeway
Houston, TX 77074
Voice (713,1270-8145
fa.' (713) 270·8148
WWN .1rai(ic.englrleers\l\c.com
August 9, 2004
Ron Drachenberg, P.E.
P.O. Box 1449
Rosenbcrg, Tcxas 77471
Phone: (281) 342-3039
Fax: (281) 342-7366
Rc:
Traffic Signal Warrant Analysis for the Fairgounds/Park & Ride lot Road
Dear Mr. Drachcnberg:
This letter serves as our proposal to prepare a Traffic Sib'l1al Warrant Analysis for a new roadway (N.
Fairgrounds Road) that will serve the FOlt Bend County Fairgrounds and a future 250 spacc Park & Ride
Lot. N. Fairgrounds Road will access SH 36 (at a right angle) south of Scaboume Creek and will replace
Fairgrounds Road that currently intersects SH 36 at a skew.
Task I - Data Collection
Twelve-hollr Turning Movement Counts (TMC) will be conducted at the existing intersection of SH 36 and
Fairgrounds Road. A site plan for tl1e Park & Ride lot will be provided by the client
Task 11- Traflie Signal Warrant Analysis
A Traffic Signal Warrant Analysis (TSW A) will be conducted for the intersection of SH 36 at N.
Fairgrounds Road based on existing tmffie volmnes at the intersection ofSH 36 at Fairgrounds Road and the
future geometry/lane assif,'11mentsat the prcoposed intersection.
A TSWA will also be conducted at thc intersection of SH 36 at N. Fairgrounds Road for 2005. when the
Park & Ride lot is constructed. The projected traffic volumes used in conducting the TSW A will include a
three percent growth rate for existing traffic volumes on SH 36, as well as projected traffic volumes for the
Park & Ridc lot.
Task III - Traffic Impacts
The number oflanes, lane assignments, and traffic control will be recommended at the intersection ofSH 36
at future N. Fairgrounds Road, which could include light-turn and/or left-tum lanes and the installation of a
traffic control dcvicc. Additionally, analysis ofthc Icngth ofwm bays at the interscction will be provided.
F:\P;l\;;\I':.II'k
&: Ride Rlxkj\Prop0:>::LLdoc
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Rug OS 04 08:28a
TraFFic
Eni~ineers,
Inc.
(7131270-8148
p.2
TRAFFIC ENGINEERS, INC.
Task IV - Study Documentation
A report will be prepared presenting the study findings, induding the results of the Traffic Signal Warrant
Analyses. The report will also include a description of recommended intersection improvements.
Compensation
Based on our estimate of hours required to complete this project. it is proposed that wc be cnmpensated for
services rendered on a lump sum basis of$6,000. This cost includes one meeting. TEl will be compensated
on an hourly basis for attendance at additional meetings. Expenses such as mileage and deliveries will be
invoiced at a cost not cxpected to exceed $\ 00.00.
Notc: This scope was prepared without coordination with the TxDOr Fort Bend County District Engineer,
who is Ill,available until August 9th If additional analysis is required by TxDOT, this scope will be
modified.
If you have any questions, or need additional information, please call me at 713-27()"8145.
Sincerely,
Susan H. Alleman
Vice President
P::.ge2
The Team You Call Depelld 011
PRINT"D ON Rl"VCI.El\
!'''Pr.R
FORT BEND COUNTY
SUBMITTED
08/04/04
DATE SUBMITTED:
COURT AGENDA DATE:
Au •. 10 2004
Jean N. Galloway,
BY:
AGENDA
MO
DEPARTMENT:
089 Health & Human Services
PHONE NUMBER:
1281\ 238-3233
SUMMARY OF ITEM:
Ratify Preliminary Application for FY 2005 Bioterrorism Preparedness Grant
NO
YES()
(X)
LIST SUPPORT DOCUMENTS ATTACHED: Explanation of request to ratify / Preliminary Applk.tion
FINANCIAL SUMMARY:
BUDGETED ITEM:
ANNUALIZED DOLLARS:
Yes ()
ONETIME
( )
Funding Source: DSHS (TDH)
Recurring:
0
Fund Al!encv
N/A
No(X) N/A ( )
Obiect
COMMENTS:
( )
Original Form Submitted with back up to County Judge's Office: (,,)
cc with back
(,,)
(,,)
(,,)
(,,)
(,,)
up:
Auditor
Budget Officer
County Attorney
Purchasing Agent
County Clerk
(281)
(281)
(281)
(281)
(281)
341-3774
344-3954
344-4557
341-8642
341-8697
(,,)
(,,)
(,,)
(,,)
Comm.
Comm.
Comm.
Comm.
( " when completed)
Precinct
Precinct
Precinct
Precinct
1
2
3
4
(281)
(281)
(281)
(281)
342-0587
403-8009
242-9060
980-9077
1.
2.
3.
All oril!inal back-up must be received in the County JnMe's Office bv 2:00 p.m. on Wednesday.
HEALTH
& HUMAN SERVICES
FCllT BEND COUNTY, TEXAS
(281) 238-3233 OffICe
(281) 238-3355
Fax
Website: WW'W.c aiort· bend .tx.us
Ermil: [email protected]
Director
Ka)" M. Reynolds, MPH
Deputy Director
MEMORANDUM
To:
The Honorable
Commissioner
Commissioner
Commissioner
Commissioner
Judge Robert Hebert, County Judge
Torn Stavinoha, Pet. I
Grady Prestage, Pet. 2
Andy Meyers, Pet. 3
James Patterson, Pet. 4
From:
Kaye Reynolds, MPH
Deputy Direetor, Health & Human Services
Re:
Preliminary
Date:
August 4, 2004
FY 2005 Bioterrorism
Preparedness
Grant Application
Two weeks ago we were notified that there would be a conference call on Friday July 23, 2004,
to discuss the procedure for applying for the FY 2005 Bioterrorism Preparedness Grants. On the
conference call we were notified that we had one week to submit a preliminary application. (Due
Date to TDH 7/30/04).
The reason for the rush deadline is that the state received the CDC guidelines extremely late and
had no way to go through the normal application procedure and still be able to get funding out by
September 1,2004. (For example, our grant deadline last year was June 20th).
This preliminary application is a stop-gap measure to allow us to continue operating while
working on the full application that will be due on September 15, 2004. This preliminary
application provides for salary continuation, approved contract continuation and enough funds
for initial supplies and travel costs. No equipment purchases will be approved in this preliminary
application; also no new contracts will be approved.
The full application will be reviewed and negotiated prior to December 1, 2004. For the first
quarter ofFY 2005 we are expected to continue working on deliverables outlined in the FY 2004
grants.
If you have further questions about this process, please contact me at 281-238-3519.
4520 READING ROAD
•
SuITE A
•
ROSENBERG, TX 77471
FY 05 Local Public Health Preparedness
PRELIMINARY APPLICATION
1.
APPLICANT
AGREEMENT
To ensure that FY2005 Public Health Preparedness (pHP) contracts are mailed to contractors by September 1, 2004, '
TDH will award funds to FY2004 contractors on a preliminary basis. By signing and submitting this document to
the Texas Department of Health (TDH):
• Contractor agrees to expend funds only for activities that continue the contractors' approved FY2004
work plan and any approved modifications to the work plan.
• Contractor agrees to expend funds only in the Personnel, Fringe Benefits, Travel, Supplies, Contractual
and Other categories that are necessary to support current activities regarding the critical benchmarks and
required critical activities outlined in the FY 2004 local guidance document.
• Contractor agrees that it may not implement any new services, create and fill new positions, purchase
equipment, or execute new contracts for purchased services until the detailed work plan and budget
describing these activities and expenditures has been approved by TDHJDSHS.
• Contractor agrees that it may fill existing vacant positions that have been approved by TDH.
• Contractor agrees that no Equipment funds will be approved and awarded during this preliminary
application process.
• Contractor agrees that only expenses for existing, approved sub-contracts and maintenance agreements
that further the objectives of the FY2004 work plan will be billed during this preliminary application
process.
• Contractor agrees to submit, in Section VI of this application, a list of approved sub-contracts and
maintenance agreements that are necessary to support current preparedness activities approved in the FY
2004 work plans and for which it will bill expenditures during this preliminary application process.
• Contractor agrees to make payments on only those sub-contracts and maintenance agreements approved
for payment, as notified by TDH, during the preliminary application process.
• Contractor agrees that any sub-contracts and maintenance agreements not approved during the
preliminary application process may be included for consideration in the FY2005 application.
• Contractor agrees to submit a FY2005 application and to fully participate in the work plan negotiation
process. Failure to participate in this process may result in termination of the contract and a requirement
to refund any amounts received during the preliminary application process.
• Contractor agrees that its FY2005 contract will be amended to incorporate the negotiated FY2005
workplan and budget by December 1,2004. Any contracts which cannot be amended by this date due to
lack of contractor participation and cooperation will be terminated.
• Contractor agrees that any contract resulting from this application is a new contractual agreement and is
not an extension of the FY2004 contract. The FY 2004 Local PHP contracts terminate at 11:59 p.m. on
August 31, 2004, and development and execution of an FY 2005 contract is dependent on receiving the
required information requested in this document by the specified due date.
FY2005 PHP Preliminary Application
Page 1 of4
II.
DELIVERABLES
Contractor will provide the following:
•
•
•
Continued staffing, sub-contractual support and maintenance of systems and equipment necessary to
maintain and enhance the FY2004 workplan and to address critical benchmarks that will be included in
the final, comprehensive FY2005 workplan.
A comprehensive FY2005 application as specified in Section I above within the timeframe specified by
TDHlDSHS.
Cooperation in negotiation of a final FY2005 workplan as specified in Section I above.
III.
APPLICANT
INFORMATION
Legal Name:
Fort Bend County Health & Human Services
Address (include street and mailing address. City. County. State and Zip Code:
4520 ReadinlZRoad, Suite A, RosenberlZ,TX 77471
Payee Name and Mailing Address (if differentfrom Applicant):
Fort Bend County, 301 Jackson Street, Suite 533, Richmond, TX, 77469
I Email Address:
Telephone No.
Agency Contact Name:
lZalloiea{@,co.fort-bend.tx.us
281-238-3233
Jean N. Gal10wav,MD
Type
of
Entity:
(check
the appropriate designation)
Federal Tax Identification # or State of Texas
_Other
Political
_X_County
_City
Comptroller Vendor Identification # (14 digit #):
Subdivision
74-6001969
Counties Served:
Fort Bend County
9-1-04 through 8-31-05
Project Period:
Amount of Funding Awarded:
$ 576 731
Assurances: The facts affirmed by me in this application are truthful and I warrant that the applicant is in compliance with
the assurances and certifications contained in this RFP. I understand that the truthfulness of the facts affirmed herein and
the continuing compliance with these requirements are conditions precedent to the award of a contract. This document has
been duly authorized by the governing body of the applicant and I (the person signing below) am authorized to represent the
atmlicant.
Telephone Number of Authorized Representative:
Typed NZ:le
of Authorized Representative:
I
b
Signa7/1&a:f::
E. Heberl-Q?o'untyJudge/"'
f;;{e:
(281) 341-8608
Date:
I fJl1au.s6
/0)
';J~
<J
Page 2 of4
REQUESTED
IV.
PRELIMINARY
BUDGET
I
PERSONNEL
$207,662
FRINGE BENEFITS
$78,100
TRAVEL
$47,000
N/ A (Please see Section 1)
EQUIPMENT
SUPPLIES
$15,000
CONTRACTUAL
$118,500
,
I
•
INDIRECT
OTHER
$110,469
TOTAL DIRECT
$576,731
,
I
(n/a at this date)
(MUST HAVE AN APPROVED PLAN)
$576,731
TOTAL
!
,
V.
PERSONNEL/FRINGE
BENEFITS
DETAILS
Personnel: List all positions, filled and vacant, that have been approved by TDH as of the date of this application.
Aoolicant mav add or delete lines as necessarv to identifv all aooroved oositions.
Position Classification
(Use "Vacant"
Name oflncumbent
if position is aooroved
Bioterrorism Coordinator
Alan Chiasson
Bioterrorism Public Health Nurse
Kimberly Campbell
Bioterrorism Epidemiologist
Judy Hung
Public Health Information Specialist
Vacant
Part-time Clerical Assistant ( Clerk II )
Marian Rocha
but not filled)
!
I
i
I
i
i
I
I
I
!
Fringe: Specify the fringe rate applied by the applicant agency
Fringe Rate is approximately 40% for full time staff. It is approximate because health insurance costs are
a flat rate per employee and therefore the percentage varies based on base salary.
Page 3 of4
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RECORO 0 nN
C>'\
IN THE COMMISSlONERmURT
MINUTESOF: ~b-~
.
COUNTY PURCHASING AGENT
(281) 341-8640
Fa' (281) 341-8645
Gilbert D. Jalomo, Jr.. CPPB
County Purchasing Agent
TO:
Office of the County Judge
FROM:
Gilbert Jalomo
DATE:
August 4, 2004
SUBJECT:
Agenda Items - Commissioners Court 8-10-04
Consider taking action to grant an exemption to the competitive bid process as authorized
by Section 262.024 (a)(7) Texas Local Government Code for purchase of an item(s)
available from a single source:
Software maintenance and support agreement with VOTEC Corporation not to
exceed $33,949 (funding Elections 4010).
Ambulance module remount from Frazer, LID not to exceed $32,410 (funding
EMS 1010 - $10,895; 4010 -$21,515).
Sublicense agreement with EMSYSTEM not to exceed $26,179 (funding Health
and Human Services G04A-4010)
4520 Reading Rd., Suite A • Rosenberg, TX 77471
30A
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To:
Fort Bend Elections Administrator
Attn: Steve Raborn
4520 Reading Road, Suite A
For:
Annual Warranty Agreement based upon 224,136 voters for the 2003
General Election.
Item
1
2
Description
Warranty and Maintenance Agreement
(04/00) for the period June 1, 2004
through May 31, 2005. Oracle Support
$ 3,500.00
Warranty and Maintenance Agreement
(04/00) for the period June 1, 2004
through May 31, 2005. Warranty, State and
Federal Mandates, Standard Updates, and
Future Technology.
$30,448.16
Total'
$33,948.16
Thank You for your business!
Unit Cost
STATE OF TEXAS
COUNTY OF FORT BEND
ADDENDUM TO VOTEC CORPORATION AGREEMENT
THIS ADDENDUM, entered into by and between Fort Bend County, a body corporate and
politic, acting herein by and through its Purchasing Agent, according to V.T.C.A. Local
Government Code 262.024(a) and VOTEC CORPORATION ..
THAT WHEREAS, the parties have previously executed that certain Agreement for services and
any and all Addendum(s) for subsequent years to attached hereto;
AND WHEREAS, the parties desire to renew that certain agreement for services and any and all
Addendum( s) for one year from the date hereof; and,
WHEREAS, the following changes are incorporated into the Agreement as if a part of the original
Agreement: TERM IS JUNE 1. 2004 THROUGH MAY 31. 2005.
Robert Hebert
AUDITOR'S CERTIFICATE
jg]
I hereby certifY that funds are available in the amount of$33,948.16 to pay the obligation of Fort
Bend County under and within the foregoing contract.
~
'Robert Ed Sturdivant, County Auditor
SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT
THIS AGREEMENT entered into this 6th day oi June, 2000, between Fort Bend County, a body
politic and corporate of the State of Texas, hereinafter called COUNTY, and VOTEC
Corporation of San Diego, California, hereinafter called CONTRACTOR or VOTEC.
WITNESSETH
WHEREAS, COUNTY requires the services of a CONTR.<\CTOR qualiiied to provide
modifications to VEMACS software for County Elections Department; and
WHEREAS, CONTR.<\CTOR is qualified and willing to provide' such services;
NOW, THEREFORE, the parties hereto agree as follows:
DEFINITIONS
LICENSED SUB-SYSTEM. A "LICENSED SUB-SYSTEM" is a set of computer code,
validation tables, and associated documentation designed to manage the input, output, and storage
of a major class of election data.
The current sub-systems licensed separately by CONTRACTOR are:
Voter Registration, Street Index, Mail Ballots, Early Voting, Election Initiation, Candidate Filing,
Poll Workers, Polling Locations, Petition Tracking Campaign Finance, Ballot Preparation,
Elections Imaging, TotalVote™ Ballot Counting, and QuickSig™ Signature Digitizing.
ARTICLE I - TERM
This Agreement shall commence on June I, 2000, and shall terminate on May 31,200 1, unless
sooner terminated or further extended pursuant to Articles TV and V.
ARTICLE II - SCOPE
Services provided pursuant to this Agreement call for the maintenance and support of
LICENSED SUB-SYSTEMS written by CONTRACTOR and the Oracle software sub-licensed
through CONTRACTOR.
The COUNTY's LICENSED SUB-SYSTEMS are: Voter Registration, Street Index, Mail
Ballots, Early Voting, Election Initiation, Polling Locations, and Elections Imaging.
CONTRACTOR'S de/iverables under this Agreement are as follows:
1) Provide upgrades of the Oracle database products that are mutually agreed as beneficial to the
COUNTY's licensed VOTEC system performance.
2) Provide warranty support as follows:
Fort Bend County 4/14/00 SOFTWARE
MAINTENANCE
AND SUPPORT
.~GREEMENT
a) Correct any existing function thaI does not perform correctly.
b) Improve any existing or added function that performs uncharacteristically siowly and delays
delivery of Board of Elections services.
c) Provide updates to the instructions for functions whose operation changes due to corrections
or performance Improvements.
d) Provide telephone, and when requested, written answers to questions from designated
Elections and Information Services staff regarding the operation of the LICENSED SUBSYSTEMS.
e) Provide support during COUNTY's scheduled work hours which include extended voting
hours during elections.
.
f) Provide accelerated response time during elections. Return phone calls within one hour with
same day resolution.
g) Provide an annual visit for validation of proper execution and processing.
h) Provide beta testing prior to new releases.
i) Provide written responses to written requests submitted on VOTEC Action Request forms.
3) Provide upgrades to the LICENSED SUB-SYSTEMS to keep the COUNTY's LICENSED
SUB-SYSTEMS in compliance with State and Federal mandates: All State and Federal mandates
to be addressed within 14 days of notification by COUNTY of intent to comply.
a) Provide new or enhanced forms, batch processes, and/or reports required to keep the
LICENSED SUB-SYSTEMS in compliance with State and Federal Elections Codes.
b) Provide documentation for the changes and additions installed.
4) Provide upgrades to the LICENSED SUB-SYSTEMS produced without a direct request of
COUNTY. These are upgrades produced as a result of a request of another customer or as a
result of the desire by CONTRACTOR to improve the product.
a) Provide improvements made to the LICENSED SUB-SYSTEMS for other customers as they
are mutually agreed to be beneficial to the performance of COUNTY's system performance.
b) Provide improvements made to the LICENSED SUB-SYSTEMS by CONTRACTOR as part
of the standard LICENSED SUB-SYSTEMS as they are mutually agreed to be beneficial to the
performance of COUNTY's system performance.
c) Provide documentation for the changes and additions installed.
5) Provide technology upgrades to the LICENSED SUB-SYSTEMS as developed by
CONTRACTOR and deemed beneficial by the COUNTY. These include but are not limited to:
a) Internet access to COUNTY specified data and forms.
Page 2 of6
iVl41NTENANCE
AND SUPPORT AGREEME:'-IT
b) Workflow management for document images.
c) Automated telephone inquiry of COl..JNTY specified data.
Technology upgrades are not provided under Sections 4 of this Article.
6) Provide upgrades to the LICENSED SUB-SYSTEMS resulting from a direct request of
COUNTY. CONTRACTOR's hours to provide these upgrades shall be charged against the
Agreement's pre-paid hours (see Article III - PAYMENT) or shall be bil]ed separately as
mutually agreed.
a) Provide new or enhanced fom1s, batch processes, andlor reports as requested by COl..JNTY
and agreed by CONTRACTOR.
b) Provide documentation for the changes and additions installed.
COUNTY shall be notified in advance of any CONTRACTOR technical services which
CONTRACTOR considers to be outside the scope of Sections ]-5 of this Article. Work which is
to be charged to the pre-paid hours or billed separately shall only be undertaken after written
authorization by the COUNTY.
Hours may be banked from month to month. Up to 25% of the hours may be credited to an
extension of this Agreement if hours remain unused on the Anniversary date of the Agreement.
COUNTY's responsibilities under this Agreement (exclusive of payment)
I) Written authorization prior to the use of pre-paid hours or authorization for extra charges from
the Director or Deputy Director.
2) The Voter Registration Coordinator and one Information Services staff member to serve as
liaison under this Agreement for the exchange of technical information.
Management to management liaison created for the exchange of administrative information.
3) Maintain phone lines, modems, and computer hardware and software for connection to the
server directly and to at least one PC workstation.
4) All requests for technical service including requests for documented answers must be
submitted on VOTEC Action Request forms (V AR).
5) Provide problem diagnosis using Elections and Information Services staff to discriminate
CONTRACTOR issues from hardware and system software issues prior to forwarding problems
to CONTRACTOR. CONTRACTOR staff time to diagnosis problems originating solely from
COUNTY purchased hardware and system software shall be billed at the then current rate.
Page 3 of6
MAINTENANCE
AND SUPPORT AGREEMENT
ARTICLE III - PAYMENT
I) [n consideration of services specified in this Agreement, the COUNTY agrees to pay
CO"TRACTOR a total of $30,590.29 for all services covered under this Agreement.
S3,500 of the above fee is for Oracle support.
$27,090.29 is for Warranry, State and Federal Mandates, Standard Updates, and Future
Technology Support.
The Warranty, Mandates, Standard Updates, and Technology Upgrade Involvement portion of the
fee is based on the fee structure provided to the COUNTY in "VOTEC System Warranty,
Support, and Involvement Contract Fees (4/00)" using a voter count of 178,78 I in the November
1999 election.
2) The hourly rate for additional programmer services for the first year of this contract shall be
$180.00 per hour during the months of August, September, October, and November of every year
and the months of January, February, March, and April of each Presidential election year. The
hourly rate for additional services during other months shall be $135.00 per hour. Programmer
services scheduled prior to January in a Presidential election year or prior to August in other years
but delayed by VOTEC shall be charged at the $135.00 per hour rate.
3) The fee stated in the first paragraph of this Article includes CONTRACTOR travel expenses
for any trip required for CONTRACTOR to provide timely and comprehensive response 10
Warranty or Mandated update needs.
Shipping charges and phone charges for calls originated by CONTRACTOR shall be borne by
CONTRACTOR.
4) The costs for hardware and non-CONTRACTOR software arising from CONTRACTOR
fulfillment of State or Federal mandates shall be borne by the COUNTY.
The costs for hardware and non-CONTRACTOR software arising from installation of new
technology as mutually agreed by COUNTY and CONTRACTOR shall be borne by the
COUNTY.
5) Payment is due within 30 days of the first date services are due under this Agreement.
ARTICLE IV - TERMINATION
1) This Agreement may be terminated by the COUNTY for the COUNTY's convenience by
giving written notice of termination to CONTRACTOR via certified mail or delivery service.
COUNTY shall be entitled to reimbursement for any pre-paid hours not already utilized for the
current year.
2) This Agreement may be terminated by CONTRACTOR if payment is not made when
payment is due by giving written notice oftermination via certified mail or delivery service.
Page 4 of6
Fort Bend County 4/14/00
SOFTWARE
MAINTENANCE
AND SUPPORT AGREEMENT
ARTICLE V - CONTRACT EXTENSION
1) The COUNTY shall have the option to extend this Agreement. Any modification, or
extension shall be by formal wrinen amendment and executed by the panies hereto.
2) Fees for periods covered by contract extensions shall be governed by the document
"VOTEC System Warranty, Support, and Involvement Contract Fees (4/00)" or revisions
thereto. The COUNTY's fees for extension of this contract will increase or decrease as
the COUNTY's voter rolls increase or decrease. Fees for extending this Agreement shall
be based on the active voter count at the preceding November election. The fees per
voter shall not increase more than 8% (eight percent) in anyone-year as long as this
Agreement is in effect.
4) COUNTY
needed.
may extend this Agreement
for more or fewer CONTRACTOR
services as
5) The Warranty, Mandates, Standard Updates, and Technology Upgrade Involvement
portion of the fee must be paid without interruption for COUNTY to receive technology
upgrades without additional charges for the New Technology software. Interruption of
payment for this service during any extension of this Agreement makes further
technology upgrades subject to the then current charges for these features.
ARTICLE VI - GENERAL
Performance hereunder shall be construed and regulated in accordance with the laws of the State
of Texas.
COUNTY notices required by this Agreement shall be in writing and shall be delivered via
registered or certified mail or delivery service addressed as follows:
COUNTY:
Elections Administrator
FortBend County Elections Department
309 South Fourth Street, Suite 624
VOTEC;
President
VOTEC Corporation
16980 Via Tazon, Suite 120
San Diego, California 92127-1646
This document constitutes the entire Agreement between the parties and shall not be modified,
amended, altered or changed except through a written amendment and signed by the parties.
These terms and conditions are severable and should any be deemed invalid, then only that
provision shall fail and the remainder ofthe terms and conditions shall be of full force and effect.
All rights and remedies of the parties hereto, whether evidence hereby or by any other agreement,
instrument, or paper, shall be cumulative and may be exercised singularly or concurrently.
Page 5 of 6
Fort Bend County 4114100SOFTWARE MAINTENANCE AND 'Urtv."
,.--
In the event either parry shall on any occasion fail to perform any lerm of this Agreement arId the
olher parry shall not enforce that term, failure to enforce on thaI occasion shall not prevent
enforcement on any other occasion.
AS PER ORIGINAL
IN WITNESS THEREOF, the parries have affixed their signatures
10
this Agreement.
FORT BEND COUNTY:
~-
c. r;t;k
_
NtJHitle
Date
CONTRACTOR - VOTEC Corporation:
'So,\\ CS'."'-t:-----=--.:.-'--~~-----
Name and Title
Date
Page 6 of6
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EMSy!tem.LLC
1035 W. GkJr Ow LaDe
Suite 104
Mequon, WI 53092
Date
Estimate #
6/15/04
Name / AddIess
.'
~:,,~,:::"'
..~.~~..
Kaye Reynolds, Deputy Dinxtar
Ft. Bend Health and Human services
4520 Reading Road, Suite A
Rosenberg. TX 77471
Project
RM and Mesuging
for Fort Bend County,
EMSystemRM
EMSystem
Regional
Custom Configuration
Onsite Training / Consulting Day
System Fnb!!1leement Support
Setup
Other
Other
354,452
TIC. Annual service Fcc
1
2
2
I Total
IS valid for 60 days from the date above. Questions regarding this quote should
be directed to Palrick Greiscbar at414-2~770
This quote
Total
Rate
Qty
Description
Item
0.04
14,178.08
56,500
51,500
51,250
56,500
53,000
$2,500
$26,178.08
INFINITY
HEALTH CARE, INe. EMSYSTEM®
(Form of Sublicense Agreemeut)
Effective Date:
The Tenns and Conditions are a part of this Agreement.
Capitalized tenns have the meanings set forth in the Terms and Conditions.
This sublicense with respect to the EMSystem is granted by the entity that provided you the User ill and
Password ("Sublicensor") pursuant to a Master License Agreement between Infinity HeaIthCare, Inc .. an IllinOIS
corporation ("IHI") and Sublicensor as the Master Licensee thereunder (the "Master License Agreement").
1.
Sublicense Grant
Sublicensor hereby grants to Sublicensee, subject to the terms and conditions
set forth herein, a nontransferable, nonexclusive sublicense to participate in the EMSystem®
by viewing, inputting,
and/or editing information and data contained therein for the purpose of~supporting emergency medical services at
Sublicensee's facility and within Sublicensor's network of other sublicenses of the EMSystem® as specified in the
Master License Agreement
Sublicensee acknowledges that Sublicensor's rights with respect to the EMSystem®
arise solely under the Master License Agreement and that Sublicensee's rights are in all respects subject thereto.
2.
Term of License. This sublicense shall become effective on the Effective Date and continue for
successive one-year renewal terms until terminated by either party as provided herein. Licensee or IHI may
terminate this sublicense as of any anniversary of the Effective Date by delivering written notice of same to the
nonterminating party not less than furty~five (45) days prior to such anniversary date. Additionally, Sublicensor
may terntinate this agreement upon delivering written notice of same to Sublicensee upon any material breach of this
agreement by Sublicensor which breach is not cured within fifteen (15) days after written notice from Sublicensor to
Sublicensee of such breach.
IHI may terminate this sublicense upon delivering written notice of same to
Sublicensor and Sublicensee in the event of any material breach of this Agreement by Sublicensor, Snblicensee or of
any other sublicense agreement.between Sublicensor and any other sublicensee of the EMSystem® which breach is
not cured within fifteen (15) days after written notice from IHI to Sublicensor and Sublicensee of such breach.
Master and Sublicense agreements are coterminous.
3.
Consideration for Sublicense. This sublicense is being granted to Sublicensee in consideration of
Sublicensee's agreement to participate in the EMSystem® as part of a group of sublicensees of the EMSystem®
specified by Sublicensor and to input and edit information or data therein in accordance with System Documentation
and otherwise at such intervals as to optimize the utility of the EMSystem® to Sublicensor's sublicensees.
Sublicensee agrees that such consideration is sufficient to support its obligations under this Agreement
4.
Manner of Acceotance.
Sublicensee agrees and acknowledges that its manual execution of this
Agreement shal1 not be necessary to bind it hereto and that its acceptance of the terms of this agreement on the
EMSystem® Internet web site and its accessing and use of the EMSystem® shall be deemed such acceptance and
its intention to be bound by the provisions hereof: Sublicensee agrees to execute such documents and take such
other actions as IHI or Sublicensor may reasonably request in order to confirm Sublicensee's acceptance of this
Agreement and its obligationshereuuder.
1.
TERMS AND CONDmONS
(SUBLICENSE)
Definitions. For ptrrpOses of the attached agreement:
(a) "EMSvstem®" means !HI's resource management data aggregation and messaging communication tool.
which 'has been developed by IHI for use by subscriber medical facilities, and public health. emergency
management and law enforcement organizations and personnel using !HI's Internet web site.
(b) "System Documentation" means the terms, conditions and provisions relating to the use and operation of
the EMSystem®,
which are part of the content of the EMSystem®
and accessible through the
EMSystem®
Internet web site.
2. Access to the EMSvstem ™
(a) Participant shall receive from !HI or Sublicensor a confidential password or other similar securiry device
for accessing the EMSystem® Internet web site and utilizing the EMSystem®.
Neither Sublicensor nor
!HI shall be responsible for providing any other equipment or item in order to access or use sarne, it being
Sublicensee's sole responsibiliry to procure and maintain computer hardware or software (including,
without limitation, appropriate web browser software and a connection to the Internet) and other equipment
and items necessary or helpful in order to access or use of the EMSystem® and the EMSystem® Internet
web site.
(b) Sublicensor shall provide Sublicensee access to the EMSystem® in accordance
described in System Documentation, such access level to be assigned by Sublicensor.
with access levels
3. Additional Covenants. Sublicensee hereby agrees and acknowledges as follows:
(a) Sublicensee shall use the EMSystem® and input and edit information and data therein only in accordance
with (i) System Documentation at such intervals as are necessary in order to keep such information current
and complete and otherwise to optimize the usabiliry of the EMSystem®; (ii) applicable policies of
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(i)
republish, duplicate, resell, reverse engineer or otherwise alter; or
(il)
access or use (or allow to be accessed or used)
the EMSystem®, the EMSystem® Internet web site or information or data contained therein except with
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Participant
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The parties acknowledge that (a) the EMSystem®
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OR
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The parties further acknowledge that the sole remedy (to the
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FORT BEND COUNTY
;"~
RETURN TO: AGENDA COORD.-COUNTY
DATE SUBMITTED:
OFFICE
SUBMITTED BY: Jeanne Parr
DEPARTMENT:
Treasurer-.,.,..- __
PHONE_28I-341-3750
#
_08/0412004 __
_08/10/2004
COURT AGENDA DATE:
JUDGE'S
_
AGENDA
3\
ITEM
SUMMARY OF ITEM: Please place on the commissioners court agenda the following request: a transfer from contingency
into 006-4010 fees and services to cover the purchase order # 00600001143 for Southern National Bank FY2004.
RENEWAL
LIST SUPPORTING
DOCUMENTS
No (X
Yes ()
CONTRACT/AGREEMENT:
ATTACHED:
See memo attached form
FINANCIAL SUMMARY:
BUDGETED
Yes ()
fund
No ()
ANNUALIZED
ITEM:
N/A()
Funding Source:
agcy
COMMENTS:
DOLLARS:
One Time
()
Recurring
()
N/A
()
Object
CC with back up:
yes ( ) Auditor
yes ( ) Budget Office r
yes ( ) County Attorney
yes ( )County Clerk
Instructions
I.
2.
3.
for submitting
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
yes
yes
yes
yes
()
()
()
()
Comm.
Comm.
Comm.
Comm.
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
an Agenda Request:
listed above.
RECOMMENDATION
/ ACTION REQUESTED:
FORMB01
FOR THE YEAR 2004
Onlhisthe
jD
dayof
~
, the Commissioners' Court, with the following members being present:
,
County Judge
Robert E. Hebert
The following proceedings
Tom stavinoha
Grady prestage
Arrdy Meyel&
Commissioner Prec:inct #3
James_
Commissioner Prec:inct tJ4
were had, to-writ,
THAT WHEREAS, theAllofore, on september 9, ~
the Court heerd and approved the budget for the year 2004 for
WHEREAS, on proper application, the Commissioners' Court has transferred an ellisting budget surplus to a budget
of a similar kind and fund. The transfer doee not incRIIIse the total of the budget.
The following transfers to said budget
Department Name:
lIt8 heNly
authorized:
'77!!&'/)5?<..R.C 12..
Department #:
DOC&,
TRANSFERTO:
UNE-ITEM
AMOUNT
NUMBER
NAME
/,£0/0
1/ -Z..~, 0 DO. 00 SO
TOTAL TRANSFERRED TO: ..::;$--=-=l.Y-~~:"::-_-=";:""
TRANSFER FROM:
.;2.Q" /) /) 0
6;?N-h«geOC,!=
. IJ 0
~,
Ot)Q~ 0 l:l SO
TOTAL TRANSFERRED FROM: ..::;$---,o:::..:::l4-~~:""'::'-=--=";:'"
SE WHOLE DOLLARS ONLY
BY:
_=- __
-..:.-L.=---=--=....:~__
RoI>ort E. Hebert, County Judge
'l,'/r
COUNTY TREASURER
(281) 341-3750
Fax (281 ) 341-3757
JEANNE PARR
County Treasurer
Date:
August 4, 2004
To:
County Judge
Commissioner
Commissioner
Commissioner
Commissioner
Pet. 1
Pet. 2
Pet. 3
Pet. 4
Robert Hebert
Tom Stavinoha
Grady Prestage
Andy Meyers
James Patterson
CC:
Gilbert Jalomo, Dianne Wilson, James Edwards, Bud Childers, Ed Sturdivant
From:
Jeanne Parr
Subject:
Southern National Bank
Due to the changes that were made this year with closing accounts at Logic, opening up
accounts with Southern National Bank we are requesting a transfer from contingency into fund
006-4010 fees and services in the amount of $28,000.00 to cover the balance of the purchase
order through September 30, 2004. With the inability of our software to specifically identify
multiple funds and daily balances, this could not be avoided.
Should you have any questions, please do not hesitate to call.
Thank you,
Jeanne Parr
309 S. 4th Street· Suite 514· P.O. Box 1202· Richmond, Texas 77406-1202
IN THE MATTER OF APPROVING BILLS FOR FORT BEND COUNTY
FOR THE FISCAL YEAR 2004
On this the
\
Commissioners'
\J~
day of __
=-__ -'---
"2004
at a regular session of
Court with the following present:
County Judge
Commissioner, Precinct I
Commissioner, Precinct 2
Now, therefore, be it resolved upo
and seconded by Commissioner _L~~l.!~~::::::""
that the bills be approved in the amount up to $
duly put and carried, it is ordered
\.\>5,\o£\"'a- • I)\)
I
}
Robert Ed Sturdivant, County Auditor,
******* APPROVED*******
Date:
Time Reconvened:
Time Adjourned or Recessed:
_
as presented by
FORT BEND COUNTY
l'\;~ t: l\l U
COMMISSIONERS
PHONE NO.: 281-341-3769
08-04-04
DATE SUBMITTED:
SUMMARY OF ITEM:
Authorize County Auditor to pay and release time-sensitive
Commissioner's
Court on August 24, 2004.
bills on August 19,2004 to be ratified by
YesD No ~
FINANCIAL
SUMMARY:
YesD
NoD
N/A~
Funding Source:
Fund Agency Object
Original
Form
Submitted
COMMENTS:
ANNUALIZED DOLLARS:
BUDGETED ITEM:
OneTime
D
Recurring
D
N/A
~
with back up to County
CC with back up:
[g]Auditor
[g]Budget Officer
OCounty
Attorney
OPurchasing
Agent
[g]County Clerk
(281-341-3774)
(281-344-3954)
(281-341-4557)
(281-341-8642)
(281-341-8697)
Judge's
Office:
[g] (
[g]Comm.
[g]Comm.
[g]Comm.
[g]Comm.
,f
when completed)
Pet.
Pet.
Pet.
Pet.
1
2
3
4
(281-342-0587)
(281-403-8009)
(281-242-9060)
(281-980-9077)
Instructious for submitting an Agenda Request:
1.
2.
3.
AGENDA
#33
COUNTY OF FORT BEND
Drainage District
P. O. Box 1028
1004 Blume Rd.
Phone: 281/342-2863
Fax: 281/342-9130
LETTER OF TRANSMITTAL
Date: August 5, 2003
Attention: Judge Hebert
Re: Drainage Board Agenda
.DD~
TO: County Judge Bob Hebert
WE ARE SENDING YOU:
COPIES:
DATE:
Monthly Report for June 2004
1
*
DESCRIPTION:
FOR APPROVAL
FOR YOUR USE
AS REQUESTED
FOR REVIEW AND COMMENT
REMARKS: The attached items will be placed on the August 10, 2004 Drainage Board Agenda for
discussion and possible acceptance.
COpy TO: County Clerk
County
County
County
County
Commissioners
Auditor
Budget Officer
Attorney
SIGNED:
DRAINAGE DISTRICT
Fort Bend County. Texas
MONTHLY REPORT
JUNE 2004
The removal of vegetation from channels during June 2004 was
accomplished by shredding and by herbicide applications. Shredding was done
on forty-six (46) channels that included Brookshire Creek II-F-l, Dry Creek II-B-2,
Oyster Creek II-I<, and Sims Bayou Vill-B-l-e.
Herbicides were applied to twenty-nine (29) channels that included Brays
Bayou IX, Lower Oyster Creek IIL and Sims Bayou Vill-B-l.
The bridge crew worked on a variety of projects that included repairing
bridges across Brookshire Creek II-F-l and II-F-l-d and replacing low water
crossings across Cedar Creek l-B. The crew also assisted with replacing drop
inlet pipes into Cow Creek II-A and Fairchilds Creek II-B-IO.
The excavation of Big Creek II-B continued with various equipment, but
was hampered by high water elevations most of the month.
Work also continued on the Brazos River II-H project with the LinkBelt
LS308, which dug approximately eight thousand (8,000) cubic yards of spoil
material.
The following charts indicate which projects received work and which
equipment was assigned to each during June 2004.
Engineering/Administration:
P.O.Box 1028' 1004 Blume Road· Rosenberg. Texas 77471 • (713) 342-2863
ConstructionlMaintenance:
1022 Blume Road' Rosenberg. Texas 77471 • (713) 342-0141
FT. BEND COUNTY DRAINAGE DISTRICT
HEAVY EQUIPMENT REPORT
1. BIG CREEK II-B
D556-LINKBELT L598C DRAGLINE
D661-LINKBELT LS98A
D699-KOMATSU D65
D715-CAT D8R
D716-CAT D8R
D736-CAT 12H MOTORGRADER
D753-2001 CAT D6M TRCTR W/DOZR
D781-2003 KOMATSU D61PX DOZER
E133-NORTHWEST 41AIR DRAGLINE
E135-NORTHWEST 9570 DRAGLINE
6/1-6/4, 6/7
6/1, 6/3-6/4, 6/7, 6/26
6/1-6/4, 6/7, 6/10, 6/25-6/26
6/1-6/4, 6/7-6/9, 6/11, 6/25
6/1-6/4, 6/7, 6/26
6/1-6/2
6/7
6/1-6/4,
6/2-6/4,
6/1-6/4,
6/7-6/10, 6/14-6/15
6/7
6/7, 6/11, 6/26
2. BIG CREEK BYPASS II-B ALT
D699-KOMATSU D65
D759-2002 LINK-BELT 290LX XVTR
6/11
6/26, 6/28-6/30
3. BRAZOS RIVER II-H
D624-CATERPILLAR
D5H LGP DOZER
D663-D5H WIDE TRACK
D681-CASE 590 LOADER
D700-KOBELCO SK220
D755-2002 CAT 246 SKID STR LDR
D766-2002 CAT D3GLGP
D781-2003 KOMATSU D61PX DOZER
D789-2004 DRAGLINE
D790-2004 VOLVO EC240BLC EXC
6/1-6/2
6/3, 6/7, 6/10
6/25
6/4
6/10, 6/14-6/15
6/9
6/18, 6/25-6/26, 6/28, 6/30
6/1-6/3, 6/7, 6/25-6/26, 6/28-6/29
6/14-6/15, 6/18, 6/25, 6/29
4. BROOKS LAKE II-H-1
D700-KOBELCO SK220
6/14-6/15,
6/14-6/15,
5. BROOKSHIRE CREEK II-F-1
D556-LINKBELT L598C DRAGLINE
6/28-6/30
6/25, 6/29-6/30
6. BROOKSHIRE CREEK II-F-1-d
6/25
6/26
7. CEDAR CREEK I-B
D700-KOBELCO SK220
6/2-6/4,
8. COW CREEK II-A
D700-KOBELCO SK220
6/7-6/10
9. DEER CREEK II-B-5
D700-KOBELCO SK220
6/11
6/18, 6/25
6/18
6/7
HEAVY EQUIPMENT REPORT
10. DRY BRANCH I-E-1
D755-2002 CAT 246 SKID STR LOR
6/10
11. DRY CREEK II-B-2
6/15
6/8-6/10,
12. FAIRCHILDS CREEK II-B-10
D700-KOBELCO SK220
6/1
6/3, 6/7
13. MOUND CREEK I-A
6/28
14. SEABOURNE CREEK II-B-4
D700-KOBELCO SK220
6/28-6/29
15. TURKEY CREEK I-D
6/2
16. WILLOW FORK OF BUFFALO BAYOU V-A
6/1-6/3
6/1-6/3
6/14-6/16,
6/18, 6/25
FT. BEND COUNTY DRAINAGE
SHREDDER REPORT
1.
LANDFILL
D680-6200 MFD
D703-JD 6110
DISTRICT
6/10
6/9, 6/14, 6/21
2. AYLOR DITCH II-NN
D626-6200JD MFWD TRACTOR
D680-6200 MFD
D732 - JD 4WD TOP TRACTOR
D770-2002 JD 6220 TRACTOR
6/28
6/28
6/28
6/28
3. BIG CREEK II-B
D617-1993 JD 4WD 6200 SLPMOWER
D710 - NH TS100
D711-JD 6110
6/1-6/4
6/3, 6/7-6/8, 6/11, 6/14-6/16, 6/25-6/26
6/4
6/3, 6/7-6/8, 6/11, 6/14-6/16, 6/25-6/26
6/1-6/2, 6/7-6/9, 6/11, 6/14-6/16, 6/25,
6/1-6/4
4. BIG CREEK II-B-6
6/7-6/8, 6/11, 6/14-6/15
6/7-6/8, 6/11, 6/14-6/15
5. BIG CREEK II-B-7
D711-JD 6110
6/1
6. BIG CREEK II-B-9
D711-JD 6110
6/2
6/1-6/2
7. BRAZOS RIVER II-GG-1
6/1
6/1
8. BRAZOS RIVER II-H
D679-JD 4WD SLOPEMOWER
D712-JD 4WD TRACTOR
D733-JD 4WD TRACTOR
E523-HESSTON 7066 SLOPEMOWER
6/1-6/2
6/1-6/3
6/1-6/3
6/1-6/2
6/1-6/3
6/1-6/3
6/9
9. BROOKS LAKE II-H-1
6/14-6/15
10. BROOKSHIRE CREEK II-F-1
6/18, 6/21
6/18, 6/21
6/18
SHREDDER REPORT
DISTRICT
11. BROOKSHIRE CREEK II-F-1-d
D680-6200 MFD
6/21
6/18
6/21
12. CEDAR CREEK I-B
D701-JD 6110
D731-2001 JD4WD 6210 15' SHRDR
6/1
6/1
6/1
13. CLODINE DITCH V-b
D703-JD 6110
D748-JD 4WD TOP TRACTOR
6/23, 6/27-6/29
6/15, 6/18, 6/21-6/22,
6/15, 6/18, 6/21-6/22,
14. DEER CREEK II-B-5
D711-JD 6110
6/28
6/28
15. DRY CREEK II-B-2
D733-JD 4WD TRACTOR
E515-HESSTON 7066 TRACTOR
6/3-6/4, 6/7, 6/16, 6/18, 6/21-6/22
6/3-6/4, 6/7, 6/16, 6/18
6/3-6/4, 6/7-6/8, 6/16, 6/18
6/15
16. DUTCH JOHN CREEK II-B-1
D733-JD 4WD TRACTOR
6/18
6/18, 6/21
6/18, 6/21
17. DUTCH JOHN CREEK II-B-1-e
D733-JD 4WD TRACTOR
6/18
6/18
6/18
18. FAIRCHILDS CREEK II-B-10
6/28-6/29
6/28-6/30
19. FAIRCHILDS CREEK II-B-10-b
6/16, 6/18, 6/25-6/26
6/16, 6/18, 6/25-6/26
20. FLEWELLEN DITCH II-E-10
6/7-6/8, 6/10
6/7-6/8, 6/10
6/7-6/8, 6/10
6/27
6/28-6/29
SHREDDER REPORT
DISTRICT
DITCH II-E-10-a
MFD
6/16
22. FLEWELLEN DITCH II-E-10-b
6/16
6/16
6/16
23. FULSHEAR CREEK II-F
D680-6200 MFD
6/14-6/16, 6/18
6/14-6/18
6/n, 6/17-6/18
6/n, 6/14-6/16,
24. FULSHEAR FARMS II-N
D680-6200 MFD
6/14
6/14
6/14, 6/21
25. GAPPS SLOUGH II-B-2-a
D733-JD 4WD TRACTOR
6/29
6/22
6/22
26. GUY CREEK I-A-1
D701-JD 6110
D703-JD 6110
D731-2001 JD4WD 6210 15' SHRDR
6/2-6/4, 6/7
6/9
6/7
6/2-6/4, 6/7
27. GUYLER DITCH II-BB
D680-6200 MFD
6/28
6/18, 6/28
6/18, 6/28
6/28
28. HADY CREEK II-F-2
6/18
29. JONES CREEK II-E-1
6/1, 6/3, 6/7
6/1, 6/3
6/3
30. JONES CREEK II-E-7-a
6/4
6/4
21.. FLEWELLEN
D680-6200
6/21
SHREDDER REPORT
31. JONES CREEK (ANDRUS CREEK)
DISTRICT
II-E-5
6/3-6/4,
6/3-6/4,
6/7
6/7
32. LONGPOINT SLOUGH V-B
6/7-6/8,
6/7-6/8,
6/10-6/11
6/10-6/11,
33. LONGPOINT SLOUGH V-B-1
6/14
34. LOWER OYSTER CREEK III
D712-JD 4WD TRACTOR
6/18
6/18
35. LOWER OYSTER CREEK III-D
D642 1995 JD 6200 TRACTOR
D712-JD 4WD TRACTOR
D7l3 -JD 6110
6/16, 6/18
6/16, 6/18
6/18
6/16-6/17
6/16, 6/18
36. LOWER OYSTER CREEK III-E
D7l3-JD 6110
6/18
6/18
37. MOUND CREEK I-A
D701-JD 6110
D731-2001 JD4WD 6210 15' SHRDR
6/11, 6/14-6/15, 6/18, 6/25
6/7-6/8, 6/11, 6/14-6/15, 6/18, 6/25
6/7, 6/11, 6/14-6/15, 6/18, 6/25
38. MOUND CREEK I-A-2
6/25
39. MUSTANG
D7l3-JD
6/18
CREEK IV-A
6110
40. OYSTER CREEK II-K
D712-JD 4WD TRACTOR
D7l3-JD 6110
6/26
6/3-6/4,
6/3-6/4,
6/7-6/8
6/3-6/4,
6/3-6/4,
41. RABBS BAYOU II-D-5
6/15-6/16
6/7-6/8
6/7-6/8
6/8
6/7-6/8
6/14-6/15
SHREDDER REPORT
42. SIMS BAYOU VIII-B-l-c
D712-JD 4WD TRACTOR
E512-HESSTON 7066 TRACTOR
6/28
6/29
43. STAFFORD RUN CREEK II-K-1
6/7
44. STEEPBANK CREEK II-G
D712-JD 4WD TRACTOR
D713 -JD 6110
6/21-6/22
6/29
6/21-6/22,
6/21-6/22
45. STEEPBANK CREEK II-G-2
6/29
6/29
6/29
46. VICKISBURG MUD MUD 47-48
6/21
47. WEST SIMONTON DITCH II-YY
D680-6200 MFD
6/22, 6/25
6/28
6/22
6/22
D7l0 - NH TS100
6/2
6/1-6/2
6/1, 6/4
DISTRICT
6/29
SPRAYER REPORT
1-
PRECINCT 1
D719-4WD FORD SPRAY TRUCK
6/15
2. AYLOR DITCH II-NN
6/4
3. BRAYS BAYOU IX
D782-2004 FORD CAB & CHASSIS
6/22
4. BRAZOS RIVER II-AA
6/4
5. COUNTY LINE DITCH II-VV
6/4
6. DRY BRANCH I-E-1
6/8
7. DRY CREEK II-B-2
D569-CASE IH 695 2 WD
E514-HESSTON SPRAYER
6/21
6/21
8 . DRY CREEK II-B-2-i
6/21
9. DUVAL DITCH II-J-1
6/4
10. EAST BERNARD DITCH I-G
6/7
11.
FLATBANK/STEEPBANK
CREEK II-K-A
6/21-6/22
6/4
12. LONGPOINT SLOUGH V-B
6/14
13. LOWER OYSTER CREEK III
6/15
6/14-6/15
6/15
14. LOWER OYSTER CREEK III-E
6/14
DISTRICT
SPRAYER REPORT
15. MEANS DITCH I-F
6/14
16. MUSTANG CREEK IV
6/4
6/1
17. OYSTER CREEK II-K-14
6/15
18. RABBS BAYOU II-D
6/28
19. RED GULLY II-K-9
D644-FORD 5640 MFD
6/10-6/11
20. SIMS BAYOU VIII-B
6/1, 6/3-6/4
6/1, 6/3
6/4
21- SIMS BAYOU VIII-B-1
6/2-6/3
6/2-6/4
6/2-6/3
22. SIMS BAYOU VIII-B-1-c
6/1-6/2
23. SIMS BAYOU VIII-B-1-d
6/2
24. SIMS BAYOU VIII-B-4
6/4
25. SIMS BAYOU VIII-D
6/4
6/4
26. SIMS BAYOU VIII-F
6/7, 6/14
6/7, 6/14
27. THEATRE DITCH II-B-2-e
6/22
DISTRICT
SPRAYER REPORT
28. TURKEY CREEK I-D-2
6/22
29. TURKEY CREEK I-D-8
6/7
6/1-6/3

transmittal

Transcription

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