HomeMy WebLinkAbout2003-09-09-9:00AM-REGULAR
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t,Y 0 i f CA0CJ 1 DEPUTY
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 9 SEPTEMBER 2003 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET,
SUITE 115, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance - Commissioner Peters.
2. Call for citizen's input and/or concerns
3. Introduction of Mr. Eric Zimmerman, proposed candidate for the vacant County
Extension Agent for Agriculture/Natural Resources position
Consider and take action on agenda items 4-21
4. Budget Amendment 02/03-42.1 thru 02/03-42.8
5. Reclassification of the Assistant District Attorney position
6. Personnel Change of Status
7. Order No. 2003-002 Prohibiting Outdoor Burning in Brazos County (previously tabled).
8. Request from Dr. Alma Fonseca, County Extention Agent, for approval of out-of-state
travel. She will be representing Brazos County at a national conference for organizations
for family and consumer sciences in Salt Lake City, UT. Dates of travel are September
20-24, 2003.
9. Payment of Claims
10. Request by Donald Lampo, Constable Pct. 2, to change cellular telephone service from
Cingular to Verizon, effective 1 October 2003. Both providers are on state contract.
11. Approval of Contract for financial advisory services with Public Financial Management.
12. Approval of Waiver of Local Match Fund Participation on the Federal Off-system Bridge
Program Project.
VOt~PAGE II
Commissioners Court Agenda
9 September 2003
Page 2
13. Appointment of Carol McFaddin to the Brazos County Appraisal District Board of
Directors. Appointment is a two-year term beginning on 1 January 2004.
14. Renewal of bid #2003-051R for Janitorial Services with Ray Criswell Dist. Co.
(Maintenance)
15. Approval of Blanket Purchase Order to Team Systems for $1,000.00 (Jail)
16. Request by Information Technology to purchase three scanning stations for the District
Clerk's Office.
17. Request from Wickson Creek Special Utility District to construct a road bore for water
line installation in the right of way of Locke Road. Site is located in Precinct 2.
18. Closing of a Railroad Crossing located on Old Highway 6 South at the Navasota River to
accommodate Texas Department of Transportation's plans for reconstruction of State
Highway 6 South. Site is located in Precinct 1.
19. Request from Verizon to construct two road bores and approximately 4,166 ft. of buried
cable installations in the right of ways of Elmo Weedon Road and Weedon Loop. Site is
located in Precinct 2.
20. Acknowledge receipt of the Order Determining Compensation of Court Reporters.
21. Acknowledge receipt of the Order Determining Compensation of the County Auditor and
the Assistant County Auditors.
22. Announcement of interest items and possible future agenda topics.
23. Agency / Board / Committee reports by Court members.
24. Call for citizen input and/or concerns.
25. Adjourn.
The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two business days before the meed To make arrangements, call (979) 361-4102.
VOL_ZPAGE l l (Q
COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 9, 2003
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Courthouse in Bryan, Brazos County, Texas,
beginning at 9:00 a.m. on Tuesday, September 9, 2003 with the
following members of the Court present:
Randy Sims, County Judge, Presiding;
Tony Jones, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Peters gave the invocation and led the
pledge of allegiance.
There was no citizen input/and or concerns
The County Judge moved item 3 down into the "consider and
take action" section. The Court considered Mr. Eric
Zimmerman, proposed candidate for the vacant County Extension
Agent for Agriculture/Natural Resources position. Dr. Dale
Fritz introduced Mr. Zimmerman. On motion by the County
Judge, seconded by Commissioners Jones, Peters, Mallard and
Cauley, the Court voted unanimously to approve the selection
VOL '+-7 PAGE 11-7
Commissioners Court meeting September 9, 2003 2
of Mr. Eric Zimmerman for the position of County Extension
Agent. The Court welcomed Mr. Zimmerman back to Brazos
County.
The Court next considered Budget Amendment #02/03-42.1
through 42.8, which would reallocate funds for Courthouse
Security Fund, Constable, Precinct 1, Justice of the Peace,
Precinct 4, and Justice of the Peace, Precinct 3; transfer
funds from Contingency to the 272nd District Court and
Purchasing; transfer funds from the General Fund to Health &
Life Insurance Fund; and increase expenditure for Debt Service
Fund. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the budget amendment as submitted, a copy of which is
attached.
The Court next considered a request for the
reclassification of an Assistant District Attorney position.
This reclassification is in the proposed 2003-2004 budget but
due to a need to fill vacant positions, the District Attorney
is requesting this classification be effective September 8,
2003 through the end of the fiscal year. On motion by the
County Judge, seconded by Commissioner Peters, the Court voted
unanimously to approve the temporary reclassification of and
Assistant District Attorney position from Class 0413, Group 32
VOL 47 PAGE i 19
Commissioners Court meeting September 9, 2003 3
to Class 0415, Group 27.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
The next matter for consideration by the Court was
adopting the Order banning out door burning. On motion by
the County Judge, seconded by Commissioner Peters, the Court
voted unanimously to table consideration of adopting the
outdoor burning ban.
The next matter for consideration by the Court was a
request submitted by the Ag Extension Agent Dr. Alma M.
Fonseca, seeking approval for out of state travel for herself.
Dr. Fonseca would be traveling to Salt Lake City, Utah to
attend the "Galaxy II" conference during the week of September
20 through the 24, 2003. On motion by Commissioner Mallard,
seconded by Commissioner Cauley, the court voted unanimously to
grant the request from the Extension and approved payment of
out of state travel expense for Dr. Alma Fonseca.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
20045600 through 20045768
VOL 4-7 PAGE i 19
Commissioners Court meeting September 9, 2003 4
On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was a request submitted
by Donald Lampo, Constable, Precinct 2 to change cellular
telephone service from Cingular to Verizon, effective October
1, 2003. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the request.
The Court next considered approval of a Contract for
Financial Advisory Services with Public Financial Management.
On motion by the County Judge, seconded by Commissioner
Mallard, the Court voted unanimously to approve the contract
and authorized the County Judge to execute it on behalf of
Brazos County. A copy is attached.
The next matter before the Court was the approval of
Waiver of Local Match Fund Participation on the Federal Off-
system Bridge Program Project. The bridges are at Bowman
Creek and Mathis Creek on Old Reliance Road. Brazos County
will be responsible for right-of-way acquisition and for the
adjustment, removal or relocation of utility facilities. On
motion by Commissioner Jones, seconded by Commissioner Cauley,
the Court voted unanimously to approve the Waiver of Local
VOL I+ PAGE I ao
Commissioners Court meeting September 9, 2003 5
Match Fund Participation. A copy is attached.
The Court next considered the appointment of Carol
McFaddin to the Brazos County Appraisal District Board of
Directors. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to appoint
Ms. McFaddin to the Brazos County Appraisal District Board of
Directors for a two-year term beginning on January 1, 2004.
The Court next considered awarding Bid No. 2003-051R,
Janitorial Supplies. Pat Howard, Purchasing Agent,
recommended renewal of the bid submitted by Ray Criswell.
There will be an increase of $1.00 per case in paper products
but this is still the lowest price. On motion by Commissioner
Jones, seconded by Commissioner Cauley, the Court voted
unanimously to accept the recommendation of the Purchasing
Agent and renew the contract with Ray Criswell.
The Court proceeded to consider the following blanket
Purchase Order:
Team Systems Jail $1,000
On motion by Commissioner Jones, seconded by Commissioner
Peters, the Court voted unanimously to approve the Blanket
Purchase Order as submitted.
The next matter before the Court was a request by the
Information Technology Department to purchase three scanning
VOL 4-1 PAGE I a i
Commissioners' Court meeting September 9, 2003 6
stations for the District Clerk's Office. On motion by the
County Judge, seconded by Commissioner Peters, the Court voted
unanimously to approve the request. Funds are available in
the District Clerk's budget.
The Court next considered the request from Wickson Creek
Special Utility District to construct a road bore for
waterline installation in the right-of-way of Locke Road. The
site is located in Precinct 2. The County Engineer stated that
all appeared to be in order and recommended approval. On
motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the request
from Wickson Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto.
The next matter before the Court was the closing of a
Railroad Crossing located on Old Highway 6 South at the
Navasota River to accommodate Texas Department of
Transportation's plans for reconstruction of State Highway 6
South in Precinct 1. on motion by Commissioner Jones,
seconded by Commissioner Cauley, the Court voted unanimously
to approve the closing of the Railroad Crossing located on Old
Highway 6 South at the Navasota River.
The Court next considered the request from Verizon to
construct two (2) road bores and approximately 4,166 feet of
VOL 41 PAGE i 2a
Commissioners' Court meeting September 9, 2003 7
buried cable installation in the rights-of-way of Elmo Weedon
Road and Weedon Loop Road in Precinct 2. The County Engineer
stated that all appeared to be in order and recommended
approval. On motion by Commissioner Peters, seconded by
Commissioner Jones, the Court voted unanimously to approve the
request by Verizon and authorized the installation. A copy of
the request is attached hereto.
The Court proceeded to acknowledge receipt of the Order
Determining Compensation of the Court Reporters. The County
Judge asked for a motion and second. On motion by the County
Judge, seconded by Commissioner Peters, the Court voted
unanimously to approve the compensation for the Court
Reporters.
The Court acknowledged receipt of the Order determining
compensation of the County Auditor and the Assistant County
Auditors. On motion by the County Judge, seconded by
Commissioners Jones, Peters, Mallard and Cauley the Court
voted unanimously to approve the compensation for the County
Auditor and the Assistant Auditors.
Under announcement of interest items and possible future
agenda topics the following spoke:
Commissioner Mallard '
a) Reminded everyone of the retreat on
Friday with the two cities. It will
VOL `+7 PAGE l a
Commissioners' Court meeting September 9, 2003 8
start at 8:00 a.m. and is located near
the swine center.
b) There will be a meeting to adopt the
budget and set the tax rate at 9:00
a.m. on Friday, September 12, 2003.
Under Agency/Board/Committee reports by Court members,
the following spoke:
County Judge
a) There is an Expo Committee meeting
this week. Still have not received
final approval from the Corp of
Engineers.
Commissioner Mallard
a) Health Insurance bids came in this
week. Have lots to go through.
September 17 will get together with
cities to discuss. Received about 30
bids, but only about 4 or 5 were
complete bids. Several were just
dental, etc.
Under citizen input and/or concerns the following
spoke:
a) Rhonda Forsthoff voiced concern about
the insurance benefits saying costs
were not affordable. She submitted a
list of questions to the Court.
b) Commissioner Mallard said they could
answer her questions today but that
things will change with the bidding
and that could take about a month
There being no further business to come before the
Court, the meeting was adjourned.
VOL 47 PAGE [ 24
The foregoing minutes of the Commissioners Court meeting held
September 9, 2003 have/ been examined and are approved in open
Court this the 5-th day of j , 2003, in Bryan,
Brazos County, Texas.
/66~1
'eo
Randy iris Tony Jone
Coun Judge Commissione Precinct 1
Duane Peters Kenny Mall
Commissioner, Precinct 2 Commissioner, Precin 3
Carey C ley, Jr.
Commis oner, Precinct 4
Attest: ~j
~n6
aren McQueen
County Clerk
VOL 9 g--7 PAGE 1a5
BRAZOS COUNTY COMMISSIONERS COURT
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VOL_ZPAGE 124
BRAZOS COUNTY COMMISSIONERS COURT
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NAME ORGANIZATION/DEPARTMENT
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VOL 47 PAGE F;L
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR
NO. 02/0342.1 thru 02/03-42.8
On this the 9 ° day of Septembe r 2003 at a regular meeting of the Commissioners' Court, the following
members were present:
Randy Sims, County Judge, Presiding
Tony Jones, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on September 9, 2003 the Court heard and approved a budget amendment for the
2002-2003 budget year for Brazos County, Texas.
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted August 23, 2002 the
following amendment(s) to the original are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 90'day of September, 2003.
THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS.
By
Randy ' s, County Judge
Original: County Clerk's Office and attached to the
original budget
Copies: County Auditor
County Treasurer
Commissioners' Court Minutes
VOL_.~LPAGE 12g
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/03-02.1
9/9/2003
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 221001 618010 Dr. Travel $ 900.00
01 221001 616200 Dr. Subscri tions & Publications $ 1,104.00
01 110015 611300 Cr. Contingency 2,004.00
272nd District Court
To increase the budget to allow for needs antici ated through the end of the fiscal eaz.
$ 2,004.00 $ 2,004.00
r, 1
VOL PAGE a°I
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/0342.2
9/9/2003
FD DIV ACCT PROJ DR/CR ACCOUNTNAME Increase Decrease
22 510001 653200 Dr. E ui ment Maintenance $ 600.00
22 210001 618010 Cr. Travel 600.00
Courthouse Security Fund
To reclassify fimds as approved 8/12/2003 for a maintenance contract for the Courthouse Security Scannin station.
The a eement is with L3 Communications.
$ 600.00 $ 600.00
BENIN=
An" q/4/o3
VOL 47 PAGE l 30
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/031313
9/9/1003
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
50 640050 711120 Dr. HLI Claims $ 435 000.00
50 640050 711140 Dr. HL Insurance $ 3,600.00
50 640050 711160 Dr. HLI Stop Loss Prem $ 52 400.00
50 640050 725900 Dr. Professional Fees $ 19,000.00
50 490280 Cr. Transfer from General and . $ 510,000.00
Health & Life Insurance Fund
To increase the budget for the funds approved as transfer from the General Fund with the
Budget Amendment No. 02/03-39.6 on 8/19/03.
1020 000.00 $ -
VOL q7 PAGE 131
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/03-42.4
9/9/2003
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
41 600020 852000 Dr. C. 0. Principal $ 360,000.00
41 401000 Cr. Current Ad Valorem $ 15,000.00
41 401100 Cr. Delin uent Ad Valorem $ 25,000.00
41 401200 Cr. P & I on Taxes $ 20,000.00
41 470100 Cr. Reserve Fund Balance $ 300,000.00
Debt Service Fund
To increase the expenditure line item for the Certificate of Obligation Principal to allow the payment
due to J.P.Mor Chase Bank for the 9/1/03 payment due on the C.O.'s insured in November, 2002.
To increase the revenue for funds received over the anticipated budget amount.
This amounts were unknown at the time the bud et was established and approved.
i'
$ 720,000.00 $
VOL_ 41 PAGE 130
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS _
No. 02/0342.5
9/9/2003
FD DIV ACCT PROJ DR/CR ACCOUNTNAME Increase Decrease
01 301011 672030 DR Computer Hardware $ 943,00
01 301011 710200 DR Co utet Contracts $ 396.00
01 301011 673420 DR Minor Furniture $ 2,701.00
01 301011 715060 CR Rental Office ace 4,040.00
Constable Pct 1- To reallocate funds to allow for the purchase of one cc uter, software, and furniture
for the new office ace.
S 4,040.00 4,040.00
VOLE PAGE 1,33
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/0342.6
9/9/2003
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 244011 601700 Dr. Co ier/Printer Supplies $ 77.00
01 244011 611100 Dr. Conference & Seminars $ 270.00
01 244011 618010 Dr. Travel $ 413.00
01 244011 652000 Cr. Copier Maintenance 210.00
01 244011 654500 Cr. Office ui ment Maintenance . 80.00
01 244011 672860 Cr. Equipment - Other 120.00
01 244011 673420 Cr. Furniture 150.00
01 244011 676700 Cr.. Printers 200.00
Justice of the Peace Pct. 4
To reallocate funds to cover unanticipated expenditures.
$ 760.00 $ 760.00
MENEM
VOL_EIPAGE 13~F
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/0342.7
9/9/2003
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 243011 516200 Dr. Overtime $ 2,500.00
01 243011 516100 Cr. Hour -Staff 2,500,00
Justice of the Peace, Pct. 3
To setup the overtime line item that was approved 8/5/03.
$ 2500.00
$ 2,500.00
n
1110 11111 I'll 111111~:
PQtd~c.~- 9/303
VOL 47, PAGE 135
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 02/0342.8
9/9/2003
FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
01 165001 653100 Dr. Equipment Maintenance $ 1,200.00
01 110015 611300 Contingency 1,200.00
Pumhasin Division
To increase the budget to allow repairs to the Fuel stem located at Road & Bridge:
$ 1,200.00 $ 1,200.00
r
,
VOL 4PPAGE l.3
# (o
PERSONNEL CHANGE OF STATUS
Page 1 of I
COURT DATE: September 9, 2003 _
DEPARTMENT: Personnel
PURPOSE: .Merove Personnel Change of Status
DEPARTMENT NAME EMPLOYEE NAME ACPION REQUESTED
BUILDING MAINTENANCE RIVERA, TERESA RETIREMENT
COUNTY ATTORNEY KINARD, GERALD MOVING TO HOT CK FUNDED
POSITION
MAGEE, WILLIAM NEW HIRE PART-TIME
DISTRICT ATTORNEY PETERSON, KATHRYN RESIGNATION
BAKER, BRIAN TRANSFER WITHIN DEPT.
COMTE, KARA S. NEW HIRE FULL TBvfE
GORES, SHEL NEW HIRE-TEMP.
DISTRICT CLERK CHAPMAN, COURTNEY RESIGNATION
JUVENILE SERVICES AUSTIN, JENNIFER RESIGNATION
OUTING, ROSA RESIGNATION
RUSSELL, TOMMY NEW HIRE-FULL-TIME
SCHOLZE, BRANDY NEW HIRE - FULL - TIME
DEJESUS, SANDRA NEW HIRE -FULL-TDwfE
ROAD AND BRIDGE GOODBREAD, SAMUEL RESIGNATION
Approved in Commissioners' Court: Se tember 9 20
County Judge's or Commissioner's Signature: G
(This copy to be attached to minutes)
VOLq7 PAGE 137
PROPOSAL AND AGREEMENT
For
FINANCIAL ADVISORY SERVICES
By and Between
BRAZOS COUNTY, TEXAS
And
PUBLIC FINANCIAL MANAGEMENT
It is understood the Brazos County, Texas, (the "Issuer'), will have under consideration from time
to time the authorization and issuance of indebtedness in amounts and forms which cannot be
determined and that in connection with the authorization, sale, issuance and delivery of such
indebtedness of the Issuer, we have been requested to submit a proposal to provide professional
services to the Issuer in the capacity of Financial Advisor. We are pleased to comply with this
request and submit the following proposal for consideration. This proposal,. if accepted by the
Issuer, shall become the agreement (the "Agreement's between the Issuer and Public Financial
Management effective at the date of its acceptance as provided for herein below.
1. This agreement shall apply to any and all evidences of indebtedness or debt obligations
that may be authorized' and issued or otherwise created or assumed by the Issuer to include any
non-profit corporations created by the Issuer to act in its behalf and including indebtedness
incurred for the acquisition of new facilities and systems and the disposition of existing facilities and
systems (hereinafter referred to collectively as die "Debt Instruments') from time to time during the
period in which this Agreement shall be effective.
2. We agree to provide our professional services and our facilities as Financial Advisor and
agree to direct and coordinate all programs of financing as may be considered and authorized during
the period in which this Agreement shall be effective and to assume and pay those expenses set out
herein, provided, however, that our obligations to pay expenses shall not include any costs incident
to litigation, mandamus action, test case or other similar legal actions.
3. We agree to perform the following duties normally performed by such financial advisors
and all other duties as, in our judgment, may be necessary or advisable:
a. We will conduct a survey of the financial resources of the Issuer to determine the
extent of its capacity to authorize, issue and service debt. This survey will include an analysis of the
VOL_~J PAGE I3g
existing debt structure as compared with the existing and projected sources of revenues which may
be pledged to secure payment of debt service and, where appropriate, will include a study of the
trend of the assessed valuation, taxing power and present and future taxing requirements of the
Issuer. In the event revenues of existing or projected facilities operated by the Issuer are to be
pledged to repayment of the Debt Instruments then under consideration, the survey will take into
account any outstanding indebtedness payable from the revenues thereof, additional revenues to be
available from any proposed rate increases and additional revenues, as projected by consulting
engineers employed by the Issuer, resulting from improvements to be financed by the Debt
Instruments under consideration. We will also take into account future financing needs and
operations as projected by the Issuer's staff and consulting engineers or other experts, if any,
employed by the Issuer.
b. On the basis of the information developed by the survey described above, and
other information and experience available to us, we will submit to the Issuer our recommendations
on the Debt Instruments under consideration including such elements as the date of issue, interest
payment dates, schedule of principal maturities, options of prior payment, security provisions, and
any other additional provisions designed to make the issue attractive to investors. All
recommendations will be based upon our professional judgment with the goal of designing Debt
Instruments which can be sold under terms most advantageous to the Issuer and at the lowest
interest cost consistent with all other considerations.
c. We will advise the Issuer of current bond market conditions, forthcoming bond
issues and other general information and economic data which might normally be expected to
influence interest rates or bidding conditions so that the date of sale of the Debt Instruments may
be set at a time which, in our opinion, will be favorable.
d. We understand the Issuer has retained, or will retain, firms of municipal bond
attorneys (the `Bond Counser) whose fees will be paid by the Issuer. In the event it is necessary to
hold an election to authorize the Debt Instruments then under consideration, we will assist in
coordinating the assembly and transmittal to Bond Counsel of such data as may be required for the
preparation of necessary petitions, orders, resolutions, ordinances, notices and certificates in
connection with the election.
e. We will recommend the method of sale of the Debt Instruments that, in our
opinion, is in the best interest of the Issuer and will proceed, as directed by the Issuer, with one of
the following methods:
1. Advertised Sale: We will supervise the sale of the Debt instruments at a
public sale in accordance with procedures set out herein. We will require and obtain from the
bidding account a listing of all of the members of the bidding account.
2. NI gotiated Sale: We will recommend one or more investment banking
firms as managers of an underwriting syndicate for the purpose of negotiating the purchase of the
Debt Instruments. We will collaborate with any managing underwriter selected and Counsel to the
2
dOL_~LPAGE~
underwriters in the preparation of the Official Statement or Offering Memorandum. We will
cooperate with the underwriters in obtaining any Blue Sky Memorandum and Legal Investment
Survey, preparing Bond Purchase Contract, Underwriters Agreement and any other related
documents. The costs hereof, including the printing of the documents, will be paid by the Issuer.
3. Private Placement Upon authorization by the Issuer and acting in its
behalf, we will place privately the Debt Instruments directly with institutional investors for a
placement fee as set out in Appendix A_ We will prepare and'provide to time prospective purchasers
a Limited Offering Memorandum and other related documents.
f. When appropriate, we will advise financial publications of the forthcoming sale of
the Debt Instruments and provide them with all pertinent information.
g. We will coordinate the preparation of the Notice of Sale, and Bidding
Instructions, Official Statement, Official Bid Form and such other documents as may be required.
We will submit to the Issuer all such documents for examination, approval and certification. After
such examination, approval and certification, we will provide the Issuer with a supply of all such
documents sufficient to its needs and will distribute by mail sets of the same to prospective bidders
and to banks, life, fire and casualty insurance companies, investment counselors and other
prospective purchasers of the Debt Instruments. We will also provide sufficient copies of the
Official Statement to the purchaser of the Debt Instruments in accordance with the Notice of Sale
and Bidding Instructions and in accordance with pertinent Securities and Exchange Commission
Rules. The cost of preparing, printing and distributing these documents will be paid by the Issuer.
h. We will, after consulting with the Issuer, arrange for such reports and opinions of
recognized independent consultants we deem necessary and required in the successful marketing of
the Debt Instruments. The fees and charges for such services will be paid by the Issuer.
i. Subject to the approval of the Issuer, we will organize and make arrangements for
such information meetings as, in our judgment, may be necessary at the Issuer's expense.
j. We will make recommendations to the Issuer as to the advisability of obtaining a
credit rating, or ratings, for the Debt. instruments and, when directed by the Issuer, we will
coordinate the preparation of such information as, in our opinion, is required for submission to the
rating agency, or agencies. In those cases where the advisability of personal presentation of
information to the rating agency, or agencies, may be indicated, we will arrange for such personal
presentations, which will include representatives from the Issuer. Any fees, including travel
expenses for such presentation, incurred in obtaining a rating or ratings will be paid by the Issuer.
k. We will assist the staff of the Issuer at any advertised sale of Debt Instruments in
coordinating the receipt and tabulation and comparison of bids and we will advise the Issuer as to
the best bid. We will provide the Issuer with our recommendation as to acceptance or rejection of
such bid.
3
VOL 47 PAGE 1 `40
1. As soon as a bid for the Debt Instruments is accepted by the Issuer, we will
proceed to coordinate the efforts of all concerned to the end that the Debt Instruments may be
delivered and paid for as expeditiously as possible. We will assist the Issuer in the preparation or
verification of final closing figures incident to the delivery of the Debt Instruments.
m. We will maintain liaison with Bond Counsel in the preparation of all legal
documents pertaining to the authorization, sale and. issuance of the Debt Instruments. Bond
Counsel is responsible for providing an unqualified legal opinion as to the legality of the issuance of
the Debt Instruments at the time of delivery.
n. If requested, we will counsel with the Issuer in the selection of a Paying
Agent/Registrar for the Debt Instruments, and we will assist in the preparation of agreements
pertinent to these services and the fees incident thereto.
o. In the event formal verification by an independent auditor of any calculations
incident to the Debt Instruments is required, we will make arrangements for such services for which
the fee will be paid by the Issuer.
p. We agree to do, or cause to be done, all work incident to printing of the Debt
Instruments, obtaining approval, as may be required by the Attorney General, registration by the
Comptroller of Public Accounts and delivery to the purchaser, the cost of which will be paid by the
Issuer.
q. After the dosing of the sale and delivery of the Debt Instruments, we will deliver
to the Issuer a schedule of annual debt service requirements on the Debt Instruments. In
coordination with Bond Counsel, we will assure that the Paying Agent/Registrar has been provided
with a copy of the authorizing ordinance, order or resolution.
r. We will attend any and all meetings of the governing body of the Issuer, its staff,
representatives or committees as requested at all times when we may be of assistance or service-
s. We will advise the Issuer and its staff of changes, proposed or enacted, in Federal
and State laws and regulations which would effect the municipal bond market
4. In addition to the services set out above, we agree to provide the following services when
so requested:
a_ We will provide our advice and assistance with regard to exercising any call
and/or refunding of any outstanding Debt Instruments.
b. We will provide our advice and assistance in the development of, and financing
for, any capital improvements programs of the Issuer.
4
VOL 47 PAGE 141
c. On behalf of the Issuer, and only at the Issuer's request, approval and direction,
we will file with the appropriate parties (NBRB, NUUASIR's and SID), under Rule 15(c)(2)(12) the
materials prepared by the Issuer and its counsel, and furnish to the Municipal Securities Rulemaking
Board, or any other designated Official Statement and/or Document Repository, any material as
may be required by such Repository.
d. We will make recommendations to the Issuer on matters of credit enhancement
for the proposed issue and when directed by you shall coordinate the preparation of such
information as in our opinion is required to credit enhancers or providers. Any fees incurred in
obtaining credit enhancement will be paid by the Issuer.
5. The fee due to Public Financial Management as set out in Appendix A attached hereto,
any other fees as may be mutually agreed and all expenses for which Public Financial Management is
entitled to reimbursement, shall be billed quarterly or become due and payable concurrently with
the delivery of the Debt Instruments to the purchaser.
6. A simultaneous sale of similarly-secured bonds or certificates may be billed as one issue,
rather than several issues. An advance refunding issue may entail an additional lump sum charge for
analytical services to be negotiated between the Issuer and Public Financial Management
In the event that we are asked to provide assistance in matters not related to the issuance of debt by
the Issuer or provide assistance in areas which may or may not be included herein, such services
shall be provided on an hourly basis or at a lump sum fee to be negotiated. Such assistance will not
commence without prior written authorization by the Issuer and prior determination by us that such
services are within our ability to render.
7. This Agreement shall become effective on 2003 and remain
in effect until sixty (60) days from the time either party gives notice of its intent to cancel the
Agreement In the event of termination, it is understood and agreed that the amount due to Public
Financial Management for services provided and expenses incurred to the date of termination will
be due and payable. Written notice shall be given to the individuals executing this Agreement or
their successors.
5
VOL'4-7 PAGE a
This Agreement, including Appendix A, is submitted in duplicate originals. When accepted by the
Issuer, it, together with Appendix A attached hereto, will constitute the entire Agreement between
the Issuer and Public Financial Management for the purposes and the considerations herein
specified. Acceptance will be indicated by the signature of authorized officials of the Issuer
together with the date of acceptance on both copies and the return of one executed copy to Public
Financial Management.
Respectfully submitted,
PUBLIC FINANCIAL MANAGEMENT
By Cpl
W' ' Newman, Jr.
Managing Director
ACCEPTANCE
C pursuant to Resolution adopted by Brazos County, Texas, on this
of 2003.
By
AAutho6nizedFR4,epresenta. e
ATTEST: ~j~J r
6
VOL_!~J_PAGE 1 1~3
APPENDIX A
FEE SCHEDULE
Base Fee - Any Issue - $3,000
Plus $10.00 per $1,000 up to $ 250,000 or a total of $ 5,500 for $ 250,000 Bonds
Plus 8.00 per 1,000 next 250,000 or a total of 7,500 for 500,000 Bonds
Plus 4.50 per 1,000 next 500,000 or a total of 9,750 for 1,000,000 Bonds
Plus 3.75 per 1,000 next 500,000 or a total of 11,625 for 1,500,000 Bonds
Plus 3.00 per 1,000 next 500,000 or a total of 13,125 for 2,000,000 Bonds
Plus 250 per 1,000 next 1,000,000 or a total of 15,625 for 3,000,000 Bonds
Plus 2.25 per 1,000 next 1,000,000 or a total of 17,875 for 4,000,000 Bonds
Plus 1.95 per 1,000 next 1,000,000 or a total of 19,825 for 5,000,000 Bonds
Plus 1.75 per 1,000 next 2,500,000 or a total of 24,200 for 7,500,000 Bonds
Plus 1.00 per 1,000 next 2,500,000 or a total of 26,700 for 10,000,000 Bonds
Plus .75 per 1,000 next 5,000,000 or a total of 30,450 for 15,000,000 Bonds
Plus .50 per 1,000 over 15,000,000
EXPENSES
The following expenses pertaining to any debt issue will be paid by the Issuer. On a competitive
sale, Public Financial Management will initially pay all related expenses except bond counsel and
election costs and bill the Issuer for such expenses along with the financial advisory fee after
successful delivery of the bond proceeds. On a negotiated sale, expenses will be deducted from the
proceeds at the time of delivery.
Expenses shall include:
Bond counsel fees and charges
Election expenses
Bond rating fees and any related travel to rating meetings
Any out of state travel in connection with a debt issue
Preparation, printing and distribution costs of offering documents and securities
Publishing cost of any legally required notices
Escrow and paying agent fees, and other costs necessary to close a negotiated issue
7
VOL 47 PAGE-L4
VOL 41 PAGE ~{5
County: Brazos
CSJ; 0917-29-089
Road/Streev'Highway: CR 169
15 Digit NBI Structure No.: 17-021-OAA0169-
& 17-021-OAA0169-002
Local Designation No.: Old Reliance Road
Feature Crossed: Bowman Creek and Mathis Creek
Relief
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For Bridt*e Replacement or Rehabilitation
Off the State System
THIS Advance Funding 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 Brazos acting by and through its duly authorized officials, hereinafter
called the "Local Government."
WITNESSETH
WHEREAS, Title 23, United States Code Section 144 authorizes federal funds to assist the
States in the replacement or rehabilitation of deficient bridges located on public highways, roads
and streets, including those under the jurisdiction of local governments; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the
State shall plan and make policies for the construction of a comprehensive system of state
highways and public roads in cooperation with local governments; and
WHEREAS, the Local Government owns a bridge or bridges located on a public road or street
located at Bowman Creek and Mathis Cfeek Relief on CR 169, local designation Old Reliance
Road and said bridge(s) is included in the currently approved off-state system federal-aid
Highway Bridge Replacement and Rehabilitation Program (HBRRP) as authorized by Texas
Transportation Commission Minute Order number.109335, dated number July 2003; and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution or ordinance which is attached hereto and made a part hereof as
Attachment A and which provides for development of the specific programmed replacement or
rehabilitation project, hereinafter called the "Project", identified in the location map shown as
Attachment B.
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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, it is agreed as follows:
AGREEMENT
1. Period of this Agreement
This Agreement becomes effective when signed by the last party whose signing makes the
Agreement hilly executed. This Agreement shall remain in eifkuntil terminated as
provided in Article 2.
2. Conditions for Termination of this Agreement
a. The Agreement is terminated in writing with the mutual consent of the parties; or
b. Breach of this Agreement, in which case any cost incurred shall be paid by the
breaching party; or
c. If the Local Government elects not to develop the project and the project does not
proceed, in which case the Local Goverment agrees to reimburse the State for 100
percent of its reasonable actual direct and indirect costs incurred for the project.
3. Amendments
Amendments to this Agreement may be made due to changes in the character of the work,
the terms of the Agreement, or the responsibilities of the parties. Amendments shall be
enacted through a mutually agreed upon, written amendment executed by all parties to this
Agreement.
4. 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.
5. Scope of Work
The scope of work for this Agreement is the replacement or rehabilitation of the bridge(s)
identified in the recitals of this Agreement. This replacement or rehabilitation shall be
accomplished in the manner described in the plans, specifications and estimates developed
in accordance with this Agreement and which are incorporated herein by reference.
6. Right of Way and Real Property
The Local Government is responsible for the provision and acquisition of all necessary
right of way and will not be reimbursed with federal or state funds for the required right of
way. The Local Government authorizes the State, its consultant, contractor, or other
Bridge AFA Page 2 - 15 Bridge Division
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VOL 4-7 PAGE 1
designated representative to enter the site(s) of said bridge(s) and adjacent right of way or
relocation right of way to perform surveys, inspections, construction and other activities
necessary to replace or rehabilitate said bridge and approaches.
7. Adjustment of Utilities
The Local Government shall be responsible for the adjustment, removal or relocation of
utility facilities in accordance with applicable State laws, regulations, rules, policies and
procedures. The Local Government will not be reimbursed with federal or state funds for
the cost of required utility work.
8. Environmental Assessment and Mitigation
Development of the 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. Cost participation in environmental assessment and remediation work shall be paid by
the parties in the same ratio as construction costs and will be included'in the
construction costs identified in Attachment D, "Estimate of Direct Costs".
c. The State is responsible for providing any public meetings or public hearings required
for development of the environmental assessment
The State will not begin construction of the Project until identified environmental problems
have been remediated, unless provided for otherwise.
9. Compliance with Texas Accessibility Standards and ADA
All parties to this Agreement shall ensure that the plans for and the construction of the
Project 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 will be Provided by the State
The State is responsible for performance of any required architectural or preliminary
engineering work. The Local Government may review and comment on the work as
required to accomplish the public purposes of the Local Government. The State will
cooperate fully with the Local Government in accomplishing these local public purposes to
the degree permitted by state and federal law. The Local Government review shall not
unduly delay the development of the Project.
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11. Construction Responsibilities
a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate
the bids and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction engineering
and for issuance of any change orders, supplemental agreements, amendments, or
additional work orders, which may become necessary subsequent to the award of the
construction contract. In order to ensure federal finding eligibility, projects must be
authorized by the State prior to advertising for construction.
b. Upon completion of the Project, the State will issue a "Notification of Completion"
acknowledging the Project's construction completion.
12. Project Maintenance
After the Project has been completed, the Local Government shall accept full ownership,
and operate and maintain the facilities authorized by this Agreement for the benefit of and
at no charge of toll to the public. This covenant shall survive the completion of
construction under this Agreement.
13. Local Project Sources and Uses of Funds
a. 'A Project Cost Estimate is provided in Attachment D, "Estimate of Direct Costs".
b. Attachment D provides a source of fimds estimate as well as the estimated direct
preliminary engineering, construction engineering, and construction costs for the
Project in total and by the Local Government.
c. The required Local Government participation is based solely upon the State's estimate
of the eligible work at the time this Agreement is executed and will not be adjusted
during construction except as needed to include any Project cost item or portion of a
cost item ineligible for state or federal participation. In addition to its share of
estimated, direct engineering and construction costs, the Local Government is
responsible for the direct cost of any project cost item or portion of a cost item that is
not eligible for federal participation under the federal HBRRP. The Local Government
is also responsible for any cost resulting from changes made at the request of the Local
Government.
d. After execution of this Agreement, but thirty (30) days prior to the performance of any
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 for
the Local Government's contribution for preliminary engineering. The Local
Government will pay at a minimum its funding share for this estimated cost of
preliminary engineering.
e. Forty-five (45) 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 and any other costs owing.
£ If at the completion or termination of the Project the State determines that additional
funding is required by the Local Government, the State shall notify the Local
Bridge AFA Page 4 - 15 Bridge Division
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VOL 47 PAGE
Government in writing. The Local Government shall make payment to the State within
thirty (30) days from receipt of the State's written notification.
g. 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.
h. The State will not pay interest on any funds provided by the Local Government.
i. The Local Government funding participation responsibilities include Project direct
costs only, except when the Project is terminated before completion at the request of the
Local Government as addressed in the Termination provision of this Agreement.
j. If the Project has been approved for a "fixed price".or an."incremental paymenf' non-
standard funding or payment arrangement under 43 TAC § 15.52, this Agreement will
clearly state the amount of the fixed price or the incremental payment schedule.
L Under the provisions of Texas Transportation Code Section 222.053 certain counties
qualify as Economically Disadvantaged Counties (EDC) 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. If applicable, in
consideration of such EDC status that maybe applicable for the Project, the required
local match fund participation has been adjusted to N/A percent as authorized by Texas
Transportation Commission Minute Order Number N// dated N/A.
1. The State will not execute the contract for the construction of a Project until the
required funding has been made available by the Local Government in accordance with
this Agreement.
in. 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 fiords.
14. Performance by Local Government of Equivalent-Match Projects (EMPs) in Return
for Waiver of Local Match Participation Funding on Participation-Waived Projects
(PWPs)
a. Applicability. If a request for waiver has been received and approved by the State's
District Engineer, then the required ten percent matching fund participation or percent
as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct
Costs", but excluding ineligible costs under the bridge program, is waived This waiver
is based on the commitment of the Local Government to spend an equivalent amount of
funds for structural or safety improvement on "other" bridge structures and other .
conditions as specified in 43 TAC Section 15.55(d). If a waiver has been granted, the
Project shall be defined to be a Participation-Waived Project (PWP) and the work on
the "other" bridge structures that will be improved by the Local Government shall be
defined to be the Equivalent-Match Project(s) (EW). Attachment C to this Agreement
shows a list of ENT(s) under this Agreement.
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b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated
direct preliminary engineering, construction engineering and construction costs for the
PWP in total and local match fund participation being waived, or partially waived.
c. Credit Against EMP Work. Any local match fund participation that has already been
paid, or which the Local Government is agreeable to paying to the State, will be
credited against EMT work to be performed by the Local Government. If applicable,
this credit(s) will be reflected in Attachment D to this Agreement.
d. Responsibilities of the Local Government on EMP(s).
(1) The Local Government shall be responsible for all engineering and construction,
and related costs thereto, and complying with oil applicable state and federal
environmental regulations and permitting requirements.
(2) The structural or safety improvement work on the EMP(s) shall be performed
subsequent to the final execution of this Agreement but within three (3) calendar
years after the earliest contract award of the related PWP(s).
(3) Written documentation, suitable for audit, of the structural or safety improvement
work completed on the EMP(s) shall be kept on file by the Local Government for
four (4) years after completion of work or claims, lawsuits, or audits related
thereto, whichever is longer. A notice of completion of work on the FAT(s) shall
be delivered to the State's District Engineer no later than thirty (30) calendar days
after work is completed on the EMP(s).
(4) Failure by the Local Government to adequately complete the ENT(s) within the
stated three-year period shall result in the Local Government being excluded from
receiving such waivers for a minimum of five (5) years.
e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of
eligible program costs, the Local Government shall pay the State 100 percent of the
cost of any PWP item or portion of a cost item that is not eligible for federal or state
participation, and 100 percent of the costs resulting from additional work on the PWP
performed solely at the request of the Local Government. If the ineligible or additional
work is preliminary engineering, the payment shall be made at least thirty (30) days
prior to the beginning of preliminary engineering work on the PWP. If the ineligible or
additional work is for construction or construction engineering, the payment shall be
made at least forty-five (45) days prior to the date set for receipt of bids for
construction of the PWP.
15. 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:
State: Robert A. Appleton, P.E.
Bryan Director of Transportation Planning and Development
1300 North Texas Avenue
Bryan, Texas 77803-2760
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Local Government: Honorable Randy Sims
Brazos County Judge
300 East 26th St.
Bryan, TX 77803
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. ,
16.. 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
unenforeeability shall not affect any other provisions and this Agreement shall be construed
as if it did not contain the invalid, illegal or unenforceable provision.
17. Responsibilities of the Parties
The parties to this Agreement agree that no party is an agent, servant, or employee of the
other party and each party agrees it is responsible for its individual acts and deeds as well
as the acts and deeds of its contractors, employees, representatives, and agents.
18. 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.
19. 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.
20. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting this Agreement's subject
matter.
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21. Office of Management and Budget (OMB) Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A-87 that specify that all reimbursed costs are
allowable, reasonable and allocable to the Project.
22. 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 43 CFR § 18.32.
23. Inspection of Books and Records
The parties to the 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.
24. 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 OMB
Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after
August 31, 2000.
25. Civil Rights Compliance
The parties to this Agreement shall comply with the regulations of the U.S. Department of
Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR
§710.405(B)), 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).
26. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CFR Part 26.
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27. 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).
28. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his orher knowledge and
belief, that:
a. No federal appropriated firnds 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 malting 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 fiers (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 Project and affirm this certification of the material representation of facts upon which
reliance will be made. Submission of this 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.
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29. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns,
and administrators to the other party to this Agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
Agreement.
30. Local Government Restrictions
In the case that the local government has an existing, future or prp,Uosed local ordinance
commissioners court order, rule policy, or other directive that is more restrictive than the
state or federal regulations that results in an increase cost to the. State for the project, the
local government is responsible for all increased costs associated with the ordinance, order,
policy, directive, or change.
31. Signatory Warranty
The signatories to this Agreement warrant that each has the authority to enter into this
Agreement on behalf of the party represented.
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IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By.
Signature
Randy Suns
Printed Name of Signatory
Title: Brazos ///County Judge
Date: 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.
By:
Mary Lou Ralls, P.E.
Director, Bridge Division
Date:
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ATTACFIMENT A
RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT
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ATTACHMENT B
PROJECT LOCATION MAP
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VOI_Y-LPAGE15 _S
County: Brazos
CSJ: 0917-29-089
Road/Street/Highway: CR 169
Feature Crossed: Bowman Creek and
Mathis Creek Relief
15 Digit NBI Structure No,: 17-021-OAA0169-001 and
17-021-OAA0169-002
Local Designation No.: Old Reliance Road
ATTACEINMNT C (See Note
LIST OF DISTRICT ENGINEER APPROVED
EQUIVALENT-MATCH PROJECT(S) (EMP)
Location (and structure On School Historic Description of Structural Estimated Cost
identification number, Bus Route? Bridge? or Safety improvement
if applicable) es/No es/No Work
CR 133 (Edge School yes no bridge replacement $105,675
House) @ Little Cedar
Creek
Total $105,675
END work credited to this PWP See Note * $69,120
Balance of EMT work credited to associat4pd PWP(s) $0
Associated PWP s Control-Section-Job CS Amount to be Credited to Associated PWP s
Note This total should typically equal the "Balance of Local Government Participation" that
is waived as shown in Attachment D.
Note**: This attachment not applicable for non-Participation-Waived Projects (PWP)
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County: Brazos
CSJ: 0917-29-089
Road/Street/Highway: CR 169
Feature Crossed: Bowman Creek and
Mathis Creek Relief
15 Digit NBI Structure No.: 17-021-OAA0169-001 and
17-021-OAA0169-002
Local Designation No.: Old Reliance Road
ATTACHMNT b
ESTIMATE OF DIRECT COSTS .
Local
Government
Estimated Cost Participation
Pr eliminary Engineering (PE) (1) $50,000
Ten (10) Percent or EDC Adjusted Percent
of PE for Local Government Participation (3) $5;000
Construction $560.000
Engineering and Contingency (E&C) $81,200
The Sum of Construction and E&C (2) $641.200
Ten (10) Percent or EDC Adjusted Percent
of the Sum of Construction and E&C for
Local Government Participation (4) $64,120
Amount of Advance Funds Paid by Local
Government * (5) ( 0)
Amount of Advance Funds to be Paid by
Local Government * (6) ( $69,120 )
Balance of Local Government Participation '
which is to be Waived where the
Project is a PWP (3+4-5-6) $0
Total Project Direct Cost (1+2) $691,200
* Credited Against Local Government Participation Amount
If this Project is to be a PWP, Amount of
EM? Work Being Credited to this PWP as $69,120
Shown on Attachment C.
Bridge AFA Page 15 - 15 Bridge Division
Rev 6/24/03 10-2002-L.1
VOL 13 PAGE 1
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to renew Bid # 2002 - 060
JANITORIAL SUPPLIES, in accordance with all terms and conditions previously
agreed to and accepted. The new bid number will be Bid # 2003 - 051R
I understand. this agreement will be for the period beginning October 15, 2003
through October 15, 2004, with the option to renew. Attached is the tabulations
sheet for this renewal.
RAY CRISWELL DIST. CO.
c~' ~ 0 3
A r e Sign
atur Date
BRAZOSCOUNTY
APPROVED:
- - Yz
Randy County Judge Dat
VOL 47 PAGE (nl
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560010
DATE OF COURT MEETING: September 9. 2003
ITEM: Request from Wickson Creek Special Utility District to construct a road bore for
water line installation in the right of way of Locke Road Site is located in Precinct 2
SOURCE OF FUNDS: N/A
1. PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) All installations shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the Installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; lest
shall be conducted by an independent geotechnical testing firm; copies of all test results shall be
fumished to the office of the Brazos County Engineer.
E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways, published bythe Texas Department of Transportation,
and all other State and Federal laws governing utility construction.
11. ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY: APPROVED BY:
Richard F. Vance, P.E. Commissioner Duane Peters
County Engineer Precinct 2
0003-093
Request is p roved el Denied 0 by Commissioners' Court
Date:
Randy Si , County Judge
VOL 4~ PAGE
y.
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
?b THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
'r ;py~ORr1'djFnaQ ce is hereby given.that (applicant) JriSkana Creek-c;U D
s pro ostts~ta`~pTace;a (type) HACea&tne within across _7 the
right-of-way of
ode'` in Braios County,:T,exas a's follows:
FFN h{,
` i ' iThAs r descnphon of the proposed installation is more fully shown by 3
' "r opfi~drawfngs attabtied to this rioll,m
I upend agree that:
1 . Tire County Engineer must be notified 72 hours prior to the beginning
of construcGon.in order that he, or'his designated. inspector, may
msp '6i.the actual installation. -
damage to the roadways and rightsof-way will be repaired to their
Y. odg6aioonditionto,the satisfaction of the County Engineer.
3 Kt3razo's ( ounty reserves the right to require Applicant to relocate or
e " F lowet af%y such line at no cost to Brazos County; should same
r) necessary due to widening or lowering or other alteration of
n}te~way or nght-of-way
r x~
4 Yr "4$raz6srt will in noway. be responsible for any damage which
5`.rlitghtoccUr to any existing utility lines in the rightof-way. -
ine wjU be constructed and maintained on the County rightof-way in
txa~ with the U hGty Acoommod
rdanc aGOn Policy which was adopted by the
as Deparbnent of 7ransportaiion on May 29 19139.:
?r a 6e Gne ordrnes will be constructed no less than twenty-fourinches (24")
r ^J oe than,', he lowest part of the drainage or bar ditch and the drainage is to
a . t erect at(east.twoYeet j2) below the.center of the roadway,
•yit' Sr
v , ~ Z
m a 7
7s < t sites will be barneaded dunng the construction period
n k
777
ConsYc to of th s line w81 bQgin on or after the 9 day of September 20 02
xh
-
71
ti -elf W+"' , Wickeon Creek S.U.D-
?r s Finn:
By:
Title:_ Ceneral'MauaBer
i r 5 Address: _ p:0. Boy 475fi -
Bryan, TX' 7780$
Phone: .(2Z9) 589-3030
r..
APP-6VED:BY COMMISSIONERS'
a COURT ON
7 r~ roz tY~ : I .
. _r Date'.' -
09-02 e3
Randy Sims, County Judge
Nyi 1
}i M'I12F
_a
VOL 47 PAGE 1&3'
a
oo
o~ \
0
VOL_-~LPAGE I
VOL 41 PAGE
BRAZOS COUNTY "
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 660010
DATE OF COURT MEETING: September 9. 2003
ITEM: Consider and take action on the closing of a railroad crossing located on Old
Highway 6 South at the Navasota River to accommodate Texas-Department of
Transportation's plans for reconstruction of State Highway 6 South. Site is located in
Precinct 1.
SOURCE OF FUNDS: N/A
ADDITIONAL WORK DESCRIPTION:
NOTES/EXCEPTIONS:
SUBMITTED BY: APPROVED BY
Richard F. Vance, P.E. Com fission y Jones
County Engineer Precinct 1
0003-094
This Request is Approved /~d❑ by Commissioners Court
Date:
Randy Sim , County Judge
VOL 47 PAGE ! cod
® Texas `Department of Transportation-
1300-N. TEXAS AVE.- BRYAN. TEXAS.77803-2760.- (979) 77872165 ,
;.July. 1Z>2003
CSJ: 0050-02-055, eta
Highway. SH 6 South
County: Brazos
Limits: From FM 159 To the Navasota River
Mr. Richard Vance, P.E. e1J 5 1 -'j r
County Engineer 0 o-0
Brazos County Road & Bridge
2617 SH 21 West
Bryan, TX 77803 O 'U~j
Re: Railroad At-Grade Closings ^ ~,4VA-5 0
Dear Mr. Vance: (Cx~
As you are aware, the Texas Department of Transportation is planning to let the reconstruction of SH 6 South
in September 2004. This project will oonsist of ieb iilding the 4-lane undivided roadway to a 4-lane freavay
with frontage roads. As we undertake this task, we will control access along the proposed freeway mainlanes
and prohibit any intersections other than our proposed entrance and exit ramps- '
At the Navasota River, we do not propose to place frontage road bridges to span the river. Therefore, we will
end the west frontage road just south of FM 2154. In doing ttris, the misting at-grade railroad crossing just
north of the Navasota River bridge will not have access to a frontage road and will not be permitted to enter
the freewa y mainlanes.
Please provide an ordinance from Brazos County if you conga with the closure of this crossing for our
Agreement with the Union Pacific Railroad
If you have any questions regarding the location of the crossing or the paperwork requh-4 Please contact Mr.
Ka9 Nelson, P.E. at (979) 778-6233.
Sincerely,
Catherine W. Hejl, P.E.
Area Engineer
IMja
Attachment
An Equal Opportunity Employer
VOL_:~LPAGE Ito?
I
SH 6
FM 159 to the Navasota River -
BRAZOS COUNTY
TAN
1 COLLEGE
TATIM U
9
A ' NORTH LIMIT FREEWAY PROJECT
I \I NORTH OF PEACH CREEK a ~Eq
"`111 AT FRONTAGE ROADS
Bryan/
College StatipT
2154
WELLBORN
G o 159
9
MILL ICAIV
2154
-9~LFP
CLOSURE OF COUNTY AT-GRADE
RAILROAD CROSSING
~.O
B N 5 F R R Navasota
159 \
IO
SCALE SOUTH LIMIT FREEWAY PROJECT
1 VOL ~7 PAGE 'l !og
' ° I ''Oi NAVASOTA RIVER
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road acid Bridge NUMBER 560010
DATE OF COURT MEETING: September 9. 2003
ITEM: Request from Verizon to construct 2 road bores and approximately 4.166 ft. of
buried cable installations in the rights of way of Elmo Weedon Road and Weedon Loop.
Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope.
2) All instailation(s)shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-6 of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way One.
3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicants .
responsibility to do so and to remove all cleared brush, trees etc. from county right-ot way.
4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-898; test shall
be conducted by an independent, geotechnical testing firm; copies of all test results shall be
furnished to the office of the Brazos county Engineer.
l
5) Construction shall be m.sM Wince to the latest Texas Manual of Uniform Traffic Contro
Devices for Streets and Hictrwavs, published by the Texas Department of Transportation, and all
other State and Federal laws governing utility construction.
NOTEWEXCEPTIONS
ACTION REQUESTED OR ALTERNATIVES:
SUBMITTED BY: APPROVED BY:
Richard F. Vance, P.E. Commissioner Du a Peters
County Engineer Precinct 2
0003-095
This Reque Apped O / Denied El by Commissioners' Court
Date: Randy Sinw"'Cou-nty Judge
VOL~PAGE I (D~
verzn
Engineering and Planning
301 Industrial Blvd
August 28, 2003 Bryan, Tx 77803
Mr. Richard Vance
Brazos County Engineering Office
County Engineer
2617 W. Hwy 21
Bryan, TX 77803
Dear Mr. Vance,
Subject Buried Cable, Bryan - 3PO02FT
Enclosed form ED-135 and work location sketch showing the location of our proposed
communication cable line on county roads in Brazos County at Bryan, TX
This work is to be completed on work order 5413 - 3P002FT, which is scheduled for
September 17, 2003. If you have any questions concerning this work, please contact
Joe Young at our office in Bryan, telephone 979/8214303 within 15 days so that we
may explain or modify our proposal, otherwise, it is understood that this proposal is
approved.
Sincerely,
Ge` Z c99-,Pz 03
John Arnold O.r 05 Xli3/"~ rr~~
Supervisor-Network Engineering
JA:jlk
Attachment
VOL O PAGE 110
VERIZON COMMUNICATION Notice of Communication
Line Installation
August 28, 2003
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a
cormunication`line within the right-of-way of a County Road in Brazos. County, Texas
as follows:
'Venzon will place 2056 feet of buried cable along Elmo Weedon Road and,
2110 feet of buried cable along Weedon Loop. The cable along Elmo Weedon
Road will be placed inside.a 16 foot P.U.E. between L140/PD49 and L140/PD52.
1IVe wi11 bore Elmo Weedon Road at L14/PD52 and place the remainder of this
section of:cable 3 feet in the southwest right-of-way to Li4/PD53 at the
intersection of Elmo Weedon Road and Weedon Loop at a minimum depth of
W inches. We will bore Weedon Loop between L153/PD12 and L1531PD16
3 feet in the east right-of-way.
The location and description of this line and associated appurtenances is more fully
shown by four (4) copies of drawings attached to this notice. The line will be
constructed and maintained on the County Road right-of-way in accordance with
governing laws.
Notwithstanding any other provision contained herein, it is expressly understood that
tender of this notice by the Verizon Southwest does not constitute a waiver, surrender,
abandonment or impairment of any property rights, franchise, easement, license,
authority, permission, privilege or right now.granted by law or may be granted in the
future and any provision or provisions so construed shall be null and void.
Construction of this line will begin on or after September 17, 2003.
VERIZON COMMUNICATIONS 5413 - 3P002FT
John Arnold
Supervisor-Access Design
301 Industrial Blvd.
Bryan, TX 77803
VOLE PAGE
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' VOL 47 PAGE I71P
In the District Courts
of
Brazos County, Texas
ORDER DETERMINING COMPENSATION
OF
COURT REPORTERS
On the 22"d day of August, 2003, after a public hearing in accordance with the Texas Local
Government Code, the undersigned Judges of the 85th, 272nd and 361" District Courts in Brazos
County, Texas, determined the compensation to be paid to the Official Court Reporters of the 85d,
272nd and 361" District Courts as set forth in this order.
IT IS THEREFORE ORDERED that; effective-October 1, 2003, the annual compensation of
the Official Court Reporters of the 85th, 272nd and 361" District Courts be set as follows:
Position Name Gm/Sta Sam
Court Reporter Paula K. Frederick 25/11 $52,269.00
85th District Court
Court Reporter Carolyn J. White 25/11 $52,269.00
272nd District Court
Court Reporter Susan R. Hogan 25/11 $52,269.00
361" District Court
Page 1 oft rA E V
2 g 2003
s County
ors office
VO L 47 PAGE 1 V
IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in
the minutes of the District Courts of Brazos County, Texas and shall certify this order to the
Commissioners Court of Brazos County, Texas for its observance.
SIGNED this 29th day of August, 2003.
D. LANGLE STEVE SMITH
Presiding Judg Presiding Judge
85"' District Court 36151 Dis 'ct Court
RICH W. . "RICK" DA
Presiding Judge
272nd District Court
Page 2 of 2
VOL_~ILPAGE I~~
In the District Courts.
Of
Brazos.County, Texas
ORDER DETERMINING COMPENSATION
OF
COUNTY AUDITOR
AND ASSISTANT COUNTY AUDITORS
On the 22nd day of August, 2003, after a public hearing in accordance with the
Texas Local Government Code, the undersigned Judges of the District Courts in Brazos
County, Texas, determined the compensation to be paid to the County Auditor and
Assistant County Auditors as set forth in this order.
IT IS THEREFORE ORDERED that, effective October 1, 2003, the annual
compensation of the County Auditor and each Assistant County Auditor position be set
as set forth and as approved in the attached Exhibit W which is incorporated herein.
IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this
order in the minutes of the District Courts of Brazos County, Texas and shall certify this
order to the Commissioners' Court of Brazos County, Texas for its observance.
DEMME
AUG 2 g 2003
D
Brazos County
VOLAl PAGE Auditors office
Signed this I? #day of August, 2003.
D. LANGLEY RIC DAVIS
residing Judge Presiding Judge
85" District Court 272nd District Court
STEVE SMITH
Presiding Judge
36151 District Court
VOL 4~ PAGE g
EXHIBIT "A"
Y .
Order. Determining Compensation
Of the County Auditor and
Assistant County Auditors
Effective October 1; 2003
Hire Annual
Position Employee Date Salary
County Auditor Katie Conner 3/20/1995 $70,296.00
Director of.Accounting Margie Williams 3/2/1981 47,353.00
Director of Auditing Open 45,072.00
Asst. Auditor Level II Fang Den 5117/1999 32,696.00
Asst. Auditor Level 11 Charles Sodolak 3/27/2001 30,361.00
Asst. Auditor Level I Paul Krovontka 10/22/2002 29,621.00
Asst. Auditor Level I Brooke Hartstack 7/29/2002 28,193.00
Asst. Auditor Level I Open 27,506.00
Accounting Asst. - Level Am Bates 6/111999 28,193.00
Accounting Asst. -Level 11 Beverly Murph 10/10/1994 26,181.00
Accounting Intem PR Erin Carey 413012003 9,733.00
Accounting intern (Pfr) Johnathan Tate 6/9/2003 9,733.00
TOTAL DEPARTMENTAL SALARY $384,938.00
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