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HomeMy WebLinkAbout2003-09-23-9:00AM-REGULAR I" ~ AFT • h FILED O N~ r oa 1083 SEP 19 A II S2 BRAZOS COUNT . li ER AI CLER BRYAN, TEXAS EY:,iirvi I)EFUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 23 SEPTEMBER 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26"; STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3-19 3. Budget Amendments 02/03-44.1 thru 02/03-44.4 4. Personnel Change of Status 5. Payment of Claims 6. Renewal of Contract with Employee Benefits Services for Utilization Review Services, effective 10/01/2003, and Renewal of Administrative Fees with Employee Benefits, effective 1/01/2003 7. Approval of Contracts for Fire Protection Service with the following Volunteer Fire Departments: a. South Brazos County Fire Department b. District 2 Volunteer Fire Department, Inc. c. Precinct 3 Volunteer Fire Department d. Precinct 4 Volunteer Fire Department 8. Order authorizing the condemnation of certain land necessary to build a road on what was the old I&GN Railroad land. 9. Agreement with Research Valley Partnership, Inc. VOL IFS PAGE loo Commissiouen Court Agenda 23 September 2003 Page 2 10. Agreement with Brazos County Crime Stoppers for fiscal year 2004 11. Resolution establishing the County Judge as Program Director and Contact Person for the Indigent Defense Formula Grant Program. 12. Approval of the Emergency Management Performance Grant application for fiscal year 2004. 13. Approval of Interlocal Agreement with the City of College 'Station for emergency medical ambulance service, effective October, 1, 2003 through SEptember 30, 2004. 14. Conveyance of .71 acres of land in the Crawford Burnett League, Abstract No. 7, Brazos County, Texas. to the City of College Station for improvement project known as the Parallel Water Transmission Project. 15. Review of Tax Refund Applications for the following: a. Bancamerica Auto Finance j. Besie Rivera Tamez b. Brazos Valley Physicians Org. k. Gary D. & Janice Y. Lapher Attn: Doug Smith 1. Ronnie Glenn Jr. & Susan Carson c. Burns, Elmer Sr. & Rosie L. m. Schieffer Corp. c/o Ida Gilbert n. Ameriquest Mortgage d. Charles & Cheryl Currey o. James Bradley e. John Lee Fike, Jr. p. Davel Communications Inc. f H-E-B; Butt Store Prop. Co. q. Tom Wilbert Mason, III Attn: Property Tax Dept. r.. Tenon g. H-E-B; Butt Store Prop. Co. s. Austin & Rebecca Bryan Attn: Property Tax Dept. t. Bobbie Morgan h. Pauline Robertson, c/o Susie Davis u. George Sudarshan i. Edmond S. Solymosy 16. Request for Permission to declare property as "Salvage." 17. Approval for waivers of requirement of the County Judge's signature on the following: a. requisitions and payment authorizations for Electric Power, Natural Gas, Water, or other utility services for Budget Year 2003-2004. b. Indigent health care' elaims received by the Brazos Valley Council of Governments. 18. Approval of exemptions for Budget Year 2003-2004. A list of these exemptions has been posted at the Brazos County Courthouse. 19. Approval of the following Blanket Purchase Orders for the Jail: a. ICS $200.00 h. Performance $4,000.00 b. Brazos Wholesale $600.00 i. Ben E. Keith $1,450.00 c. Ray Criswell $1,200.00 j. Cain's Coffee $600.00 d. Team Systems $1,500.00 k. Glazier $1,150.00 e. Scarmardo Produce $8,000.00 1. Standard Coffee $200.00 f. US Foodservice $7,300.00 m. Butterkrust $1,600.00 g. Sysco Food Service - $7,300.00 n. Lilly Dairy $3,400.00 VOL $ PAGE 10 1 Commissioners Court Agenda 23 September 2003 Page 3 20. Announcement of interest items and possible future agenda topics. 21. Agency / Board / Committee reports by Court members. 22. Call for citizen input and/or concerns. 23. Adjourn. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 3614102. VOL t4k PAGE /oo? COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 23, 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 23, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1, Absent 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 Mallard gave the invocation and led the pledge of allegiance. The County Judge read aloud a Proclamation designating the month of October 2003 as "Domestic Violence Awareness Month". The Court joins with the cities of Bryan and College Station, and Texas A&M University to promote awareness of the causes of domestic violence and to become involved with the prevention of domestic violence and to demand an end to domestic violence and to remember those who have been victimized by this abhorrent crime. The County Judge then VOL. 4~9 PAGE l03 Commissioners Court meeting September 23, 2003 2 presented the signed Proclamation to Doug Weedon who spoke on behalf of Phoebe's Home, the shelter for battered women and children. Mr. Weedon informed the Court that there would be a candlelight vigil for the victims of domestic violence. Under Citizen's input and/or concerns, the following spoke: Bud Jones, former County Commissioner asked how much money was budgeted to the animal shelter. He also asked who supervised them and could the money be taken away. The County Judge said he would be glad to discuss this after court. The Court next considered Budget Amendment #02/03-44.1 through 44.4, which would reallocate funds for the Tax Office and District Attorney; transfer funds from the District Clerk's Department to various other departments; and transfer funds from Contingency to the Sheriff Jail-Administration. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. VOL ~r PAGE i o µ Commissioners' Court meeting September 23, 2003 3 The Court next considered the following Claims as submitted by the County Treasurer for payment: 20045999 through 20046189 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration by the Court was the renewal of contract with Employee Benefits Services for Utilization Review Services, effective October 1, 2003, and Renewal of Administrative Fees with Employee Benefits Services effective January 1, 2003. Commissioner Mallard moved to approve. Commissioner Cauley seconded the motion. Loraine Nichols pointed out that the contract was a new contract with EBS and that the renewal was for Administrative fees. It was also noted that the effective date was incorrect. After some discussion Commissioners Mallard and Cauley withdrew their motion and second. Then on motion by Commissioner Mallard, seconded by Commissioner Peters the Court voted unanimously to approve the contract with Employee Benefits Services for Utilization Review Services, effective November 1, 2003 and to renew the Administrative Fees with Employee Benefits Services VOL 4 $ PAGE 05 Commissioners' Court meeting September 23, 2003 4 effective November 1, 2003. The Court next considered approval of Contracts for Fire Protection Service with the following Volunteer Fire Departments: a. South Brazos County Fire Department b. District 2 Volunteer Fire Department C. Precinct 3 Volunteer Fire Department d. Precinct 4 Volunteer Fire Department Each department will receive $29,000 annually with the contract period beginning October 1, 2003 and ending September 30, 2004. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the four (4) contracts. A copy of each is attached. The Court next considered adopting an order authorizing the condemnation of certain land necessary to build a road on what was the old I&GN Railroad land in Precinct 1. The land is 2.58 acres in two parcels) out of the Crawford Burnett Survey, A-7 and the J. Erwin Survey, situated in Brazos County, Texas for the public purpose and use of and for the location and construction of County roadway and accompanying appurtenances. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to adopt an Order authorizing the condemnation of certain land necessary to VOL 4x PAGE /ocv Commissioners' Court meeting September 23, 2003 5 build a road on what was the old I&GN Railroad land. A copy is attached. The Court next considered entering into agreement with the Research Valley Partnership, Inc. (RVP) for economic development services in Brazos County. Brazos County will fund $200,000.00 annually beginning October 1, 2003 and terminating September 30, 2004. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into agreement with the Research Valley Partnership, Inc. (RVP) and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The Court next considered entering into agreement with Brazos County Crime Stoppers, Inc. for the participation in the apprehension of criminals. Cost to Brazos County will be one half of the annual salary for the Assistant Coordinator's position in the amount of $13,090.50. The term of the contract is from October 1, 2003 through September 30, 2004. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into agreement with Crime Stoppers, Inc. and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy VOL 4 Y PAGE p o i Commissioners' Court meeting September 23, 2003 6 of the Agreement is attached. The next matter before the Court was the adoption of a Resolution Establishing the County Judge as Program Director and contact Person for the Indigent Defense Formula Grant Program. This grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt the resolution and to name the County Auditor as the financial officer for the grant. The Court next considered adopting a Resolution authorizing application for the Emergency Management Performance Grant for fiscal year 2004. Such grant to be in the total amount of $121,685; fifty percent (50%) or $60,843.00 to be funded by the County, fifty percent (50%) or $60,843.00 to be federally funded. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to make application on behalf of Brazos County to the federal government and accept on behalf of Brazos County such grant funds as may be tendered. A copy is attached. VOL 4v PAGE ioz Commissioners' Court meeting September 23, 2003 7 The next matter for the court's consideration was an Interlocal Agreement between Brazos County and the City of College Station for emergency medical ambulance service. This is authorized by the Interlocal Cooperation Act, V.T.C.A., Texas Government Code, Chapter 791. The Agreement is effective October 1, 2003 through September 30, 2004. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to enter into an Interlocal Agreement with the City of College Station for emergency medical ambulance service. A copy is attached. The Court next considered conveyance of a Special Warranty Deed for 0.71 acre tract or parcel of land lying and being situated in the Crawford Burnett League, in College Station, Brazos County, Texas being a part of the abandoned I&GN Railroad right-of-way in Precinct 1. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to authorize the County Judge to convey on behalf of Brazos County a Special Warranty Deed to the City of College Station for the improvement project known as the Parallel Water Transmission Project. The next matter for consideration was approval of V OL 4 8' PAGE I0 q Commissioners' Court meeting September 23, 2003 8 tax refund applications from the following individuals and/or companies: a. Bancamerica Auto Finance b. Brazos Valley Physicians Orq, att: Dough Smith c. Burns, Elmer Sr. & Rosie L. c/o Ida Gilbert d. Charles & Cheryl Currey e. John Lee Fike,Jr. f. H-E-B; Butt Store Prop. Co. Att: Property Tax Dept. g. H-E-B; Butt Store Prop. Co. Att: Property Tax Dept. h. Pauline Robertson, c/o Susie Davis i. Edmond S. Solymosy j. Besie Rivera Tamez k. Gary D. & Janice Y. Lanpher 1. Ronnie Glenn Jr. & Susan Carson m. Schieffer Corp. n. Ameriquest Mortgage o. James Bradley p. Davel Communicatins, Inc. q. Tom Wilbert Mason, III r. Terion s. Austin & Rebecca Bryan t. Bobbie Morgan u. George Sudarshan On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approval all with the exception of items "m" and "r". On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to deny approval of items "m" and "r" because they did not have the required signatures. The Court next considered the declaration of property as "Salvage". On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted VOL 4? PAGE 10 Commissioners' Court meeting September 23, 2003 y unanimously to declare a chair contaminated with raw sewage as salvage and authorized the Purchasing Agent to dispose of the chair. The next matter before the Court was approval for waivers of requirement of the County Judge's signature on the following: a. Requisitions and payment authorizations for Electric Power, natural gas, Water, or other utility services for Budget year 2003-2004. b. Indigent Health Care claims received by the Brazos Valley Council of Governments. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the waivers of requirement of the County Judge's signature. The next matter before the Court was approval of exemptions for Budget year 2003-2004. Commissioner Cauley moved to approve the exemptions. Commissioner Peters seconded the motion. After some discussion Commissioners Cauley and Peters amended their motion and second to state that with Managed Network Systems, this will only apply to existing projects. The Court voted unanimously to approve the exemptions with the amended requirement for Management Network Systems. Any new VOL 4 8 PAGE W Commissioners' Court meeting September 23, 2003 10 projects will be bid out. The Court proceeded to consider the following blanket Purchase Orders: ICS Jail $ 200 Brazos Wholesale Jail $ 600 Ray Criswell Jail $1,200 Team Systems Jail $1,500 Scarmardo Prod Jail $8,000 US Foodservice Jail $7,300 Sysco Food Serv Jail $7,300 Performance Jail $4,000 Ben E. Keith Jail $1,450 Cain's Coffee Jail $ 600 Glazier Jail $1,150 Standard Coffee Jail $ 200 Butterkrust Jail $1,600 Lilly Dairy Jail $3,400 On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) Announced that there would be no Commissioners Court meeting on October 7, 2003 due to a majority of the Court being in Corpus Christi to attend a conference. Under Agency/Board/Committee reports by Court members, the following spoke: VOL 4? PAGE i►d Commissioners' Court meeting September 23, 2003 11 Commissioner Mallard a) The Health Department met and approved the budget. They also discussed mosquito problems and weapons of mass destruction in the event of bio- terrorism. b) The Health committee has been working hard to go through the RFP's. He thanked Loraine, Ruth and Pat Howard for their help. The renewal will be in January. County Judge a) Had a meeting with the Animal Shelter and discussed the policy of handling animals. They have a vet examine and make the decision on whether an animal should be held or not. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. VOL 41? PAGE P13 The foregoing minutes of the Commissioners Court meeting held September 23, 2003nhave , been examined and are approved in open Court this the O(~-' day of /VQe , 2003, in Bryan, Brazos County, Texas. 4 Tony ones 4Randy' Commissio er, Precinct 1 Duane Peters Kenny Mal a d Commissioner, Precinct 2 Commissioner, Precinct 3 C y Ca le Jr. Commiss'oner, Preci c .4 ~Att es t : County Clerk VOL U PAGE iI BRAZOS CO TY'COMMISSIONERS COURT MEETING ON S-3 200 03 AT y?~© ° Alv\.- Y r NAME ORGAN IZATION/DEPARTMENT 43 /W C) Cr'oz~ ee u. j~ / ail OA- P GC von u8 ?GE 05 BRAZOS COUNTY 'COMMISSIONERS COURT MEETING ON~ a 3 200 .3 AT IZ oD NAME ~r ` ORQAA'N4 TZATION/DEPARTMENT ~G~SO / r n e. % cte,4- ~n CR✓~ 2^~ G✓G-~ 7,-~ 477 C-e- VOL 48 AGE IRe BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2002-2003 BUDGET YEAR NO. 02/0344.1 thra 02/03-44.4 On this the 23r1 day of September 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 23, 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 23r1 day of September, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Rag y Sims, ounty Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 49 PAGE ! 17 BRAZOS COUNTY, TEXAS - BUDGET AMENDMENTS No. 02/03-44.1 9/23/2003 FD DIV ACCT PROD DR/CPL ACCOUNT NAME Increase Decrease 01 190001 652000 Dr. District Attorney 200.00 01 220001 652000 Dr. 85th District Court 140.00 01 222001 652000 Dr. 361st District Court 280.00 01 230001 652000 Dr. County Court at Law #1 60.00 01 241011 652000 Dr. Justice of the Peace #1 110.00 Ol 242012 652000 Dr. Justice of the Peace #2 Place 2 400.00 Ol 303011 652000 Dr. Constable Precinct 3 30.00 01 200001 652000 Cr. District Clerk - Admin 1,220.00 Copier Maintenance To reclassify budget to cover the unanticipated cost related to the copier maintenance and calculations with the rene otiated IKON contract. $ 1,220.00 $ 1,220.00 FI VOL ` 9 PAGE Ht? BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0344.2 9/23/2003 Increase Decrease FD DIV ACCT PROS DR/CR ACCOUNT NAME TAX OFFICE 01 130001 672860 Equipment - Other $ 2,720.00 130001 614500 Miscellaneous Expense 300.00 130001 615000 Printing 410.00 130001 672810. Equipment Electronic 140.00 130001 672855 T ters 127.00 130001 673420 Fumitutre 1,435.00 130001 676700 Printers 308.00 To reclassify fundin to urchase a safe for the tax office. TS 2,720.00 S 2,720.00 ME I VOL 4~ PAGE I~R BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-443 9/23/2003 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 01 280020 618060 Dr. Inmate Transport $ 7,500.00 01 110015 611300 Cr. Contin en 7,500.00 Sheriff - Jail Administration To increase the budget due to a higher than anti ci ated number of trans*rts ttirou out the fiscal year. 45 7,500.00 $ 7,500.00 VOL 43 PAGE I d6 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/03-44.4 9/23/'2003 FD DIV ACCT PROJ DR/CR ACCOUNTNAMEIncrease Do-crease 01 190001 659500 DR Vehicle Maintenance $ 800.00 01 190001 610100 CR Advertisin - Legal Notice$ 50000 01 190001 610600 CR Bonds 300.00 District Attorne - To move funds to allow for the utchase of foes. $ 800.00 $ 800.00 i 1 VOL 49 PAGE I a PERSONNEL CHANGE OF STATUS Page I of 2 COURT DATE: September 23, 2003 DEPARTMENT: Personnel PURPOSE: A .grove Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED ..........................................•.............................1 BUILDING MAINTENANCE LYON, JOHN PROMOTION LEDE2MA, RAUL PROMOTION MORALES, MARIA RESIGNATION REYES, LOUISA NEW HIRE - PART TIME "These are going through Court to show percentage charged County Attorney and Hot Check COUNTY ATTORNEY ANDERSON, RODNEY SALARY INCREASE - 3% BAILEY, BRENDA SALARY INCREASE - 3% GILES, SPENCER SALARY INCREASE - 3% HIGGINSON, DAVID SALARY INCREASE - 3% MAGNESS, JUDITH K. SALARY INCREASE - 3% MATZKE, AMANDA SALARY INCREASE - 3% MATZKE, WM. FLINT SALARY INCREASE-3% PHARISS,JACK SALARYINCREASE-3% PRICE, RICHARD SALARY INCREASE - 3% RISINGER, BRIAN SALARY INCREASE - 3% SHERIFF'S OFFICE CHENAULT, DUKE D. RESIGNATION SHERIFF'S OFFICE - JAIL HUDDLESTON II, RONALD NEW HIRE - FULL TIME SANDERS, JOSEPH I. NEW HIRE - FULL TIME VOL 48 PAGE I d ~ PERSONNEL CHANGE OF STATUS Page 2 of 2 COURT DATE: September 23, 2003 DEPARTMENT: Personnel PURPOSE: ARR.... rove Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED M. P. O. BEARDEN, JENNIFER SALARY INCREASE FOR NEW GRANT YEAR BURNS, GABRIEL SALARYINCREASEFOR NEW GRANT YEAR KUBICHEY, SUSAN SALARY INCREASE FOR NEW GRANT YEAR Approved in Commissioners' Court: S tember 23 2 3 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL 43 PAGE 123 RI CEIV€. Plumhoff & Associates Incorpomad . 1220 Augusta Drive, Suite 450 Houston, Texas 77057 Phone: 713-789-4848 Fax: 713-789-4977 (brenda@plumhoff. com) DATE: September 9, 2003 TO: Loraine Nichols COMPANY: Brazos County FROM: Brenda Cos RE: 11-01-03 Renewal Administrative Fees Current Renewal Pre-Cert 1.00 1.20** PPO Access Fee 1.00 1.00 subject to change)! Repricing 1.50 1.50 Admin 14.00 15.50 *Subject to change pending implementation of the Beechstreet Wrap. **Pre-Cent rate effective 10-01-03 since Alliance will not be conducting this service as of 10/1. This service will be performed by a company that is outsourced by EBS. _ Pages ~`F VOL Y8 PAGE INT'ERLOCAL AGREEMENT FIRE PROTECTION SERVICE - THIS INTERLOCAL AGREEMENT is hereby made and entered into this 'day of 'fSfpkjhe 2003, by and between the SOUTH BRAZOS COUNTY FIRE DE ARTMENT ("Department') and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an''unincorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 2, 3, and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. PAYMENT'S 4. County shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. 01-3057lnlalo= Agmem t (Preelwf 1) Page I of 4 VoL 49 PAGE 12-5 5. The County shall make all payments to Department for these services from current revenues. ' TERM AND TERMINATION 6. This Agreement shall be for a term of one (1) year commencing on October 1, 2003, and terminating at midnight on September 30, 2004; provided however, this contract shall automatically renew for additional, successive one (I) yea; terms at the expiration of the preceding term unless earlier terminated by either party as set froth below. Such Annual Renewal Terms shall be on identical terms and conditions as set forth herein, except the Parties may agree in writing to an increase or decrease in the amount of funding set forth in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: South Brazos County Fire Department ea. Say dor A;11reaeI TX 1,410b Attn: Emily Staples, Fire Chief County: Brazos County 300 E. 26'" Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a governmental function, and pursuant to Local Government Code §352.004, the Department and its personnel are considered agents of the County. 01-30371nwla .1SMMOW (PMdnd I) Pagv 2 of4 VOL 49 PAGE l a~ 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS I 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the wlidi4wmd enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall he deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. 01-3057bWrAM Agreement(Precinct 1) Page 3Qf4 VOL yB PAGE I ~7 South Brazos County Fire Department Brazos County, Texas By: By: 1y S les, Fir hief Randy , IC_ounty Judge Date: Q3 Date: q~2~3 ATTEST: By. kar6 McQueen unty erk 01.3057 rmerrbom(_,g.K~7 (P.e~,1) VOL 4 5~ PAGE t a~ Page 0 af4 vii f.ric s EXHIBIT "A" ►f Brazos County r 4 ~ I. 5 BN . ~l~ll~li t I~ ii I y LEGEND- O Cwp/OpW i _J V~OmVWI Q aO MaMw1 SCALE M MLES prepared by 1Ai1EJ: TXB MM INS BEEN W YDEVM BTA", ABffERtNL MUDEiMi M UMTED TO Il0IK4OFFlLMLTAAS S TO VYIgTYOFAVMABIFLLOAT~ q PATES~. Cowdy App`.UDigW &iBlyev Dive,SWeA 1O1 VOL g PAGE L a i TX 77802 - N - INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into this day of 2003, by and between the DISTRICT 2 VOLUNTEER FIRE DEPARTMENT, INC. ("Department') and BRAZOS COUNTY, TEXAS, ("County'), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract -,kith ail umneorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 1, 3, and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarerest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. PAYMENTS 4. County shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. 01-30571nterlo Agreement (Pr ma 2).doc Page I of 4 VOL 4£(PAGE ) 30 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement shall be for a term of one (1) year commencing on October 1, 2003, and terminating at midnight on September 30, 2004; provided however, this contract shall automatically renew for additional, successive one (1) year terms at the expiration of the preceding term unless earlier terminated by either ptuty as set $oth below. Such Annual Renewal Terms shall be on identical terms and conditions as set forth herein, except the Parties may agree in writing to an increase or decrease in the amount of funding set forth in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: D'strict 2 Volunteer Fire Department, Inc. P.O. Bo 3Z u(K,n lk 7786Z Attn: Gary Plagens, Fire Chief County: Brazos County 300 E. 26th Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a governmental function, and pursuant to Local Government Code §352.004, the Department and its personnel are considered agents of the County. 01-30571nter1oaat_Agmment (Prednat 2PW Page 2 oj4 VOL 4-9 PAGE 131 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or, impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. 01-30571alerloeal Agreemem (Preclaa 2).d" Page 3 of 4 VOL W PAGE-1 3Z District 2 Volunteer Fare Department, Inc. Bra4S' as By: &;F=RS'~ - By Gary P agens, ire Chief unty Judge Date: O Date: 91A(g3 ATTEST: By: IA Karen McQueen, County Clerk 01-30571nwimal Agreement (Precinct 2).dm Page 4 of 4 VOL 49 PAGE 133 INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE T TITS 114TERLOCAL AGREEMENT is hereby made and entered into this Xr' "day of 2003, by and between the PRECINCT 3 VOLUNTEER FIRE DEPWRIMENT ("Department') and BRAZOS COUNTY, TEXAS, ("County', each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an unincorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 3, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 1, 2, and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. PAYMENTS 4. County shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. 01-30571nnrloml.4gr wnt(Peedna 3) Pagef of4 VOL ~ PAGE I34~ 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement shall be for a term of one (1) year commencing on October 1, 2003, and terminating at midnight on September 30, 2004; provided however, this contract shall automatically renew for additional, successive one (1) year terms at the expiration of the preceding term unless earlier terminated by either party as set froth below. Such Annual Renewal Terms shall be on identical terms and conditions as set forth herein, except the Parties may agree in writing to an increase or decrease in the amount of funding set forth in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate this Agreement, without cause,. upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Precinct 3 Volunteer Fire Department w~~ 1 Tx 177V05 Attn: John Hicks, Fire Chief County: Brazos County 300 E. 26th Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a governmental function, and pursuant to Local Government Code §352.004, the Department and its personnel are considered agents of the County. 01-30571medocal Agrmmen!(Precbsr 3) Page 2 of4 VOL 4 ~PAGE 1,36 9. The County does not waive or relinquish any immunities or defense it has tinder law, on behalf of itself, its officers, employees or agents as a result of its execution of this - Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. 01.3037 fiterlxnl Agreement (Prectnc7 3) Page 3,z(4 . VOL 49 PAGE 1310 Precinct 3 Volunteer Fire Department Braws Cou ty, Teaas By: By: %hn Hicks, Fire Chief Rand ims County Judge Date: Loi III ?ma Date: Q 123) 03 ATTEST: By: Karen McQueen, County Ck7k 01-3057 lnw[a I_Agreement(Pmdwi 3) Page 4 of4 VOL_4 PAGE 1 7- tfllre Vistricts. MIBIT "P :)f Brazos County y~ YT ..F4i A ,r •4 y~~ t BN t LEGEND M tea. . SCALE IN MILES prepared by .a I TMSYAP M/58EEN PNEPMED FOR IMEfWK LVAMENfAt lAE At01NID lq MFXIAL STAT18. AOO1aNOVIS ISIR.uTEO TO VAUgTy OF AVAnASIE WTA A60F MTES SHOWN. n ms County AR Taal Diauia 70 BbarFreal D&e. Sufis A-101 _N_ VOL 4F PAGE 138 Bryan, TX 77803 Imes TTa.AInn INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE ,,-~pp - THIS INTERLOCAL AGREEMENT is hereby made and entered into this ZT' ay of er- 2003, by and between the PRECINCT 4 VOLUNTEER FIRE DEPARTMENT ("Department') and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an unincorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 4, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 1, 2, and 3 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subehapter D of Chapter 419, Government Code. PAYMENTS 4. County shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. 01-30571n7er[o Agmewn! (Predna 4) Page I of 4 VOL 4 PAGE 139 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement shall be for a term of one (1) year commencing on October 1, 2003, and terminating at midnight on September 30, 2004; provided however, this contract shall automatically renew for additional, successive one Q) year terms at the expiration of the preceding term unless earlier terminated by either party as set firth below. Such Annual Renewal Terms shall be on identical terms and conditions as set forth herein, except the Parties may agree in writing to an increase or decrease in the amount of funding set forth in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: P ecinct 4 Volunteer Fire Department .0. Pox a 5 Attn: Joe Dan Ondrasek, Fire Chief County: Brazos County 300 E. 26' Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a governmental function, and pursuant to Local Government Code §352.004, the Department and its personnel are considered agents of the County. 0730571nw1oml_Agme ra (Precinct 4) AW I of4 VOL 4PAGE 140 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself; its officers, employees or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affec(ed or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terns and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. 01-3057 Interlocal_Agreement (Precinct 4) Page 3 of4 VOL 49 PAGE 141 Precinct 4 Volunteer Fire Department Brazos Coun , Te s B~16D= l~ By: Ondrase Fire Chief Randy ,1County Judge Date: q-13-03 Date: q l2~ l~3 ATTEST: i By: -C P\! Karen McQueen, CouAfy C k 01-3057 baerlo l Agreement (Prectnat 4) Page 4 of 4 VOL 48" PAGE 14 a ~iia vis!.licts EXHIBIT "A" )f Brazos County 4 ~ { BN t LEGEND p CaYy I61y NCI j Ww.V+n p ~ SCALE IN MALES prepared by A ND,1~ WE AW INS NAP AS ND BEEII PRWASTA . IN1EflNAL pEPAftTNENfAL U6EVF U(ATAASOFpATE6SIbWNAGCVMG ulWN TO VAUpIY OF AVAN/JlE1TOATA . c ar c•n 1 IO6°°""""'°"Ne./~y18 PAGE /43 I 9 Ca tl DDve,SWJCIG A-10 1D1 VOL D.ym TX 776D2 - N - COUNTY COMMISSIONERS COURT, BRAZOS COUNTY, TEXAS ORDER NO. _ AN ORDER OF BRAZOS COUNTY, TEXAS DECLARING THE PUBLIC NECESSITY AND CONVENIENCE FOR ACQUIRING 2.58 ACRES (IN TWO PARCELS) OUT OF THE CRAWFORD BURNETT SURVEY, A-7 AND THE J. ERWIN SURVEY, ABSTRACT NO. 119, SITUATED IN BRAZOS COUNTY, TEXAS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, INCORPORATED HEREIN AND MADE A PART HEREOF FOR ALL PURPOSES, OWNED FOR THE PUBLIC PURPOSE AND USE OF AND FOR THE LOCATION AND CONSTRUCTION OF A COUNTY ROADWAY, AND ACCOMPANYING APPURTENANCES WITHIN BRAZOS COUNTY, TEXAS, AND ORDERING THE CONDEMNATION OF SAID PROPERTY IF BRAZOS COUNTY, TEXAS STAFF OR AUTHORIZED AGENTS AND REPRESENTATIVES ARE UNABLE TO ACQUIRE THE PROPERTY FOR THE AUTHORIZED OFFICIAL OFFER. WHEREAS, Brazos County, Texas hereby determines and declares that a public necessity and convenience exist for the acquisition of the property described in Exhibit "A" attached hereto, incorporated herein and made a part hereof, for the public purpose and use of and for the location and construction of a County road and its accompanying appurtenances, thereon and located in Brazos County, Texas. BE IT ORDERED BY THE COUNTY COMMISSIONERS COURT OF THE COUNTY OF BRAZOS, TEXAS: Section 1. That the findings and recitals in the preamble of this Order are hereby found and determined to be true and correct and are hereby approved and adopted. Section 2. That the official offer by Brazos County, Texas, for the approximate 2.58 acres described in Exhibit "A" attached hereto and necessary for the purpose above described, in the amount of $6,450.00 represents the property's fair market value based upon an appraisal by an independent fee appraiser, and is hereby confirmed and the County staff and its authorized agents and representatives are hereby authorized and directed to offer the owner the amount of $6,450.00 for the necessary property. Section 3. That in the event the authorized official offer described in Section 2 is refused by the owner of the said property designated for the location of the County road, the County of Brazos, Texas is hereby authorized and directed to institute the necessary steps and prosecute to conclusion proceedings in eminent domain against the owner of said property and against all interested owners, leinholders and other holders or claimants of an interest in the said property. 00-1186:PFM t VOL 0 PAGE ) 44 - - I Section 4. That Brazos County, Texas has previously authorized and continues to authorize the law firm of Bruchez, Goss, Thornton, Meronoff and Hawthorne, P.C. to act together with and on behalf of Brazos County, Texas to acquire the subject property and if necessary institute and prosecute to conclusion proceedings in eminent domain as authorized in Section 3. EFFECTIVE the ' --day of Se e„[- 12003. 4 Z RANDY S, COUNTY JUDGE ao-1186TEM 2 VOL 4g PAGE `~s EXHIBIT "A" EXHIBIT "A" FIELD NOTES TRACT 2 2.580 ACRES PROPOSED EXTENSION OF I & GN ROAD RIGHT-OF--WAY TAKING BEING OUT OF A CALLED 0.5 OF ONE ACRE TRACT & ALL OF A CALLED 2.2 ACRE TRACT CRAWFORD BURNETT SURVEY, ABSTRACT NO, 7 & J. ERWIN SURVEY, ABSTRACT NO. 119 BRAZOS COUNTY, TEXAS NOVEMBER 7, 2000 All that certain lot, tract or parcel of land being 2580 acres In 2 (two) parts situated in the CRAWFORD BURNETT SURVEY, Abstract No. 7, and the J. ERWIN SURVEY, Abstract No. 119, Part 1 being out of and a part of that certain Called 0.5 of one me tract of land in said Crawford Burnett Survey, Abstract No. 7 and described in deed from R. F. Smith to the International and Great Northern Railroad Company by deed recorded in Volume 24, Page 354 of the Deed Records of Brazos County, Texas (D.R.B.C.T.), and Part 2 being all of that certain Called 22 acre tract of land in said J. Erwin Survey, Abstract No. 119, and described in deed from J. B. Watkins to the International and Great Northern Railroad Company by deed recorded in Volume 24, Page 356 (D.R.B.C.T.): said 2.580 =a tract of hand in 2 (two) parts being more particularly described by metes and bounds as follows: Part 1: COMMENCING at a point for the calculated most northerly corner of the International and Great Northern Railroad Company called 0.5 of one acre tract as described in Volume 24, Page 354 (D.R B.C.T.), same being the calculated most easterly comer of the L M. Haupt called 3.3 acre tract as occupied. and as described in Volume 293, Page 788 (D.R.B.C.T.), same also being an exterior caner of the L M. Haupt, Jr, called remainder of the called 144.75 acre tract as described in Volume 171, Page 392 (D.R.B.C.T.), said corner also being the most westerly comer of the Osage, Ltd. called 33.52 acre tract as described In Volume 2849, Page 78, Official Records of Brazos County, Texas (O.R.B.C.T.), and said comer being S 43°26'08" W, a distance of 850.43 feet from the calculated most northerly corner of said Osage, Ltd, called 33.52 acre track THENCE, S 43°25'08" W, along the One common to said Haupt called 3.3 acre tract, as occupied, and said I & GN Railroad Company called 0.5 acre tract, a distance of 27.95 feet to a 112" Iron Rod wlcap set for the most easterly comer and POINT OF BEGINNING in the proposed northeast right-0f-way line of I & GN Road; THENCE, S 20°00'03' E, along said proposed northeast right-of-way line of I & GN Road across and through said I & GN Railroad Company called 0.5 acre tract, a distance of 253.09 feet to a 12' Iron rod w/cap set for the most southerly comer of Part 1 In the calculated southwest One of said t'& GN'Railroad 'Company called 0:5 acre tract and in the calculated common survey one of said Crawford Burnett Survey, Abstract No. 7, and said J. Erwin Survey, Abstract No. 119, same being the calculated mast northerly comer of the Osage, Ltd. Called 3.38 acre tract as described in Volume 4020, Page 35 of the Official Records of Brazos County, Texas (O.R.B.C.T.), same also being the calculated northeast comer of said Intemational and Great Northern Railroad Company called 22 acre tract (Volume 24, Page 356), and said comer being N 45°30'24' W a distance of 784.31 feet from the calculated east comer of said Osage, Ltd. called 3.38 acre tract and a calculated interior comer of said Osage, Ltd. called 33.52 acre tract THENCE, N 45°48'36' W, along said calculated southwest line of said I & GN Railroad Company called 0.5 acre tract, said calculated common survey line, and said calculated northeast fine of 1 VOL 0 PAGE EXHIBIT "All said I & GN Railroad Company called 2.2 acre tract, a distance of 226,39 feet to a Point for the most westerly corner at the calculated most westerly comer of said I & GN Railroad Company called 0.5 acre tract same being the calculated most southerly oorner of the Stephen Jay Larkin, ey ux. called 2.2 and 1.02 acre tracts, as occupied, and as described in Volume 1684, Page 182 (O.R.B.C.T.); THENCE, N 43°26'08' E, along the calculated northwest line of said I & GN Railroad Company called 0.5 acre tract and the calculated southeast One of said Larkin 22 and 1.02 acre tracts, as occupied, and continuing with said calculated northwest One of the 1 & GN Railroad Company called 0.5 acre tract and the calculated southeast One of the aforesaid Haupt caged 3.3 acre tract, as occupied, a distance of 110.21 feet to the POINT OF BEGINNING AUD CONTAINING AN AREA OF 0.286 OF ONE ACRE (12,473 SQUARE FEET) OF LAND, MORE OR LESS, in Part 1. Part 2: BEGINNING at a 1/2' iron rod w/cap set for the most southerly comer at the calculated most southerly comer of said I & GN Railroad Company caged 22 acre tract, same being the point of Intersection of the northerly projection of the southwest right-of-way fine of existing I & GN Road with the north right-of-way One of Gandy Road, same also being the calculated most easterly comer of the remainder of the Jim Abbate called 336.36 acre tract, said comer also being a point in the proposed southwest right-of-way line of I & GN Road; THENCE, N 20°00'03' W, along said proposed southwest right-of-way fine of I & GN Road with the calculated southwest line of the 1 & GN Railroad Company called 22 acre tract and the calculated east One of said remainder of the Abbate caged 336.96 acre tract, a fttance of 1127.15 feet to a 1/2' iron rod w/cap set for the most northerly comer at the calculated most northerly comer of said I & GN Railroad Company caged 22 acre tract, same tieing a point in the calculated common surrey One of said J. Erwin Survey, Abstract No. 119 and said Crawford Burned Survey, Abstract No. 7; THENCE, S 45°4836' E, along said calculated common survey lime, and the calculated north One of said I & GN Railroad Company called 2.2 acre tract, at 3.30 feet passing the calculated most westerly comer of the 1 & GN Railroad called 0.5 acre tract as described, In Volume 24, Page 354 (D.R.B.C.T.), and continuing along said calculated common survey line, said calculated north line of said 1 & GN Railroad Comparry called 2.2 acre tract, and the calculated southwest line of the I & GN Railroad called 0.5 acre tract, in all a distance of 229.69 feet to a point for the northeast corner at the calculated northeast comer of said I & GN Railroad Company called 22 we tract, same being the tabulated most northerly corner of the Osage, Ltd. called 3.38 acre tract as described in Volume 4020, Page 35 (O.R B.C.T.), said comer being N 4593024' W a distance of 784.31 feet from the calculated most easterly comer of said Osage, Ltd. called 3.38 acre tract and from a calculated Interior comer of the Osage, Ltd. caged 33.52 acre tract described in deed recorded in Volume 2649, Page 76 (O.R.B.C.T.); - THENCE, S 20'00'03' E, along the calculated northeast fine of said I & GN Railroad Company called 2.2 acre tract and the calculated southwest line of said Osage, Ltd. caged 3.38 acre tract, a distance of 871.52 feet to a point for the southeast comer at the calculated southeast corner of said I & GN Railroad Company called 22 acre tract and the calculated most southerly comer of said Osage, ltd. called 3.38 acre tract, said corner being S 44°08'50' W a distance of 37529 feet from said calculated most easterly comer of the Osage, Ltd. caged 3.38 acre.tract and said calculated interior comer of the Osage, Ltd, called 33.52 acre tract, same also being the point of intersection of the northerly projection of the existing northeast right-of-way line of I & GN Road with the north right-of-way One of Gandy Road; THENCE, S 43'57'36' W, along the calculated southeast line of said I & GN Railroad Company ca8ed 2.2 acre tract, a distance of 111.30 feet to the POINT OF BEGINNING AND CONTAINING 2 VOL 49 FkGE 147 EXHIBIT "A" AN AREA OF 2.294 ACRES OF LAND, MORE OR LESS, in Part 2, FOR A TOTAL OF 2.580 ACRES OF LAND IN BOTH PARTS, MORE OR LESS, acoording to a survey performed on the ground in April and May, 2000, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4861. For north orientation and other Information, see accompanying plat or V.,omarE . 0 4961 r i P033- 40PAVWWGVGNRCMIOMOGMWr-iWMM 3 VOL 0 PAGE I _g EXHIBIT "A" Poll 1111~~ If ! , ii I~~~ eiI<p W Oz 2 1 P Ilk CL. NM...M• 1•.41 ~y ° WAP pp qq YNI ~ L <xO pW~ Oy E• .T ~aCAN VcV ~ a 2<o t ~Z lJ mN .~~~~k S W O1 , t =l 7 Ei Rf a - v pp ~[tQ' ~,{~pln~ 7 ! ti y J F ~N Wd• JO a 2°~ F ~ a°i~~F a d ` W~ rr = JVt; ~i ~9d Q av_ ;„~G w 2. M n ~J` O Q ~LL ~JN N V] Q~4~4 V o Q P C V J 0 1 \ i ¢V03P ~1 ~ W ~ aJ V ` F ?Q 3 it 4P~ \ 26 W V Sa W F N I E c~ V fat~t~ ~~+ti a off ~ tl`•E [ !j`~ !l113!!, 3! 111 p Oohs U~jj Milk! L-P 0 m r a !E,!!!!!t df # L AC 1 J w, ~ E e~~ t A ~Y ~ 7 •y°'40 ~efYils -P^ \ co eaw a°c~yv....v i~ ~o~ ~ N~WI~i 1111 04 ~,i u Q¢R W /~•1 a UP~ X NVNW ~1` W S X71 pp''a oiy 1-O Y ~ f 1 rr~ ~ aOpo~~~ °}~[[Z E: 1 ti ~ ~ ~a:.aJ:.A Eg`S^ °G mu eF~Y~P$ U /,III 9 O0 p~WLL f oe^ Y~QH < fFlA m0 <'A NF•hP mm^ ! VdNN Z_mPv 1 Q lj O J W N VOL PAGE I50 THE STATE OF TEXAS § COUNTY OF BRAZOS § AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE RESEARCH VALLEY PARTNERSHIP, INC. THIS AGREEMENT is made and entered into the ~ day of C 2003, by and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "COUNTTI, and the RESEARCH VALLEY PARTNERSHIP, INC., a Texas non-profit corporation (hereinafter referred to as "RVP").. RECITALS: WHEREAS, the Commissioners Court of the COUNTY desires to stimulate business and commercial activity in the County by developing an economic incentive program; and WHEREAS the COUNTY wishes to contract with RVP to provide or cause to be provided, certain economic development services in furtherance of the COUNTY's statutory goals pursuant to TEX. LOC. GOV'T CODE ANN. §381.004, as amended, and to administer the COUNTY's program for local economic development (herein the County's Economic Development Program); and WHEREAS, the COUNTY desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and WHEREAS, it is important to the COUNTY to attract and expand business, commercial and industrial enterprise in order to accomplish this purpose; and WHEREAS, it is desirable, productive, and economical to work towards this goal through an agency with specific expertise in this field; and WHEREAS, the COUNTY desires to contract with the RVP for such business and industrial development services; and WHEREAS, the RVP is a countywide non-profit corporation whose purpose is to accomplish all the above stated objectives; and WHEREAS, the COUNTY has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. 01-3061 Ageeement_lfmaldoc VOL 14 PAGE 15( Page I of8 NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, the COUNTY and RVP agree as follows: ARTICLE I Qualifications of the RVP 1.1 The RVP represents that: (a) The RVP is a non-profit entity that is authorized to promote economic development in all or a portion of the County; (b) The RVP is engaged in an on-going effort to attract new businesses to the County, to encourage the expansion of existing businesses in the County, or to retain existing businesses in the County, (c) The RVP shall cooperate with and use the services of the Texas Department of Economic Development. ARTICLE II De£mitions 2.1 "Economic Development Guidelines" means those financial criteria used to determine qualification for receiving Incentive Funds as set out in Exhibit "A" attached hereto and made a part hereof for all purposes. 2.2 "Project Performance Standards" means individual performance terms and requirements established by agreement between the COUNTY and any Employer/Business to receive Incentive Funds. 2.3 "Program Projects" means individual uses of the Incentive Funds, or a portion thereoly to provide incentives or assistance to Businesses/Employers which results in the public purpose of economic development, diversification, expansion, and employment being served. 2.4 "Program Standards" means standards that an Employer/Business must meet in order to qualify for Incentive Funds as set out in Article 6.2 hereof. ARTICLE III Term 3.1 The term of this Agreement is for one (1) year, being effective as of October 1, 2003, and ending on September 30, 2004, (the "Present Term"), unless earlier terminated as provided herein. 3.2 Either party may terminate this Agreement on sixty (60) days prior written notice to the others. 01-3061 Agu (_2,inal.d" VOL 48 PAGE 152 Page 2 of8 3.3 Upon receipt of any termination, the COUNTY agrees to continue authorizing finding for Program Projects which had been recommended by RVP and approved by the COUNTY prior to such termination as a part of a Program Project Agreement initiated under this Contract. ARTICLE IV Administration Services 4.1 RVP agrees to provide all administrative services necessary to administer the COUNTY's Economic Development Program pursuant to the Program Standards set forth in the COUNTY's Economic Development Program and set forth herein. 4.2 The administrative services to be provided include, but are not limited to: (a) corresponding with and negotiating with potential or existing Business/Employers for Program Projects that will develop, diversify and/or expand the Brazos County economy, develop or expand transportation or commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. (b) establishing Project Performance Standards for each Program Project that are consistent with the Program Standards set out in the COUNTY's Economic Development Program and herein; (c) obtaining contracts with Businesses/Employers for Program Projects whereby the Business/Employer agrees to meet the Project Performance Standards, and which provide assurances that the Project Performance Standards will be met; and (d) compliance with all requirements of this Contract. 4.3 The RVP shall receive the sum of Two Hundred Forty-three Thousand Two Hundred Ninety and No/100 Dollars ($243,290.00) as compensation for the administrative services to be provided hereunder (herein the "Administration Funds"). COUNTY shall pay such sum on a monthly basis by paying the RVP one-twelfth (1/12) of the total sum referenced above. ARTICLE V Incentive Funding 5.1 COUNTY has appropriated Two Hundred Thousand and No/100 Dollars ($200,000.00) for the purpose of capitalizing its Economic Development Program for the Present Term of this Agreement (herein the "Incentive Funds"). Said monies have been budgeted for the current fiscal year and are payable out of current revenues. Any monies not spent during the term 01-3061 Agmmen7_2finatdo VOL 4~ PAGE 153 Page 3 0f8 of this Contract shall remain part of the Incentive Funds appropriation and shall be available in future contract years for use on Program Projects. 5.2 Payments of Incentive Funds shall be made to the qualifying Business/Employer as Program Projects are approved by the Commissioners Court. 5.3 The COUNTY Incentive Funds provided for in this Agreement shall be used only in accordance with the Program Standards and for Program Projects. ARTICLE VI Use of Incentive Funding 6.1 The Program administrated by the RVP hereunder consists of the use of the Incentive Funds to develop and diversify the Brazos County economy, to eliminate unemployment or under-employment, and to expand the local economy, pursuant to the Program Standards and Guidelines set forth in the COUNTY Economic Development Program and in this Contract. 6.2 Program Standards. The RVP shall not recommend to the COUNTY that a Business/Employer receive Incentive Funds for a Program Project unless the Business/Employer meets or exceeds the following standards: (a) is authorized to do business in the State of Texas; (b) is current and in good standing on all state, local and federal taxes, assessments and/or fees; (c) is not in bankruptcy; (d) is an Equal Employment Opportunity Employer with policies in place and practiced which prohibit discrimination in employment based on race, sex, age, national origin, creed, religion, or disability (unless based on bona fide occupational reason or a reason exempted or approved by the Americans With Disabilities Act and the regulations promulgated thereunder); (e) agrees by written contact to meet performance criteria established by the COUNTY in accordance with these Program Standards (hereinafter "Project Performance Standards") as to the establishment, expansion, or improvement of business operations in Brazos County, Texas and/or the employment of residents of the COUNTY. (f) complies with the current Economic Development Guidelines for financial assistance; 01-3061 ag eemmt 2_ftaar.ea VOL '49 PAGE 154 Page 4 of8 (g) if the proposed Program Project does not meet the specific job retention/creation requirements set forth in (f) above, other positive effects on the local economy of the proposed Program Project may be taken into consideration by the RVP in determining whether to pursue funding of a Program Project. These include: (i) the impact of the Program Project on economically disadvantaged individuals. An Economically Disadvantaged Individual is an individual who: (1) was unemployed for at least three months before obtaining employment with the qualified business; (2) receives public assistance benefits, including welfare payments or food stamps, based on need and intended to alleviate poverty;. (3) is an Economically Disadvantaged Individual, as defined by Section 4(8), Job Training Partnership Act (29 U.S.C. Section 1503(8)); (4) is an individual with handicaps, as defined by 29 U.S.C. Section 706(8); (5) is an inmate, as defined by Section 498.001 of the Government Code; (6) is entering the workplace after being confined in a facility operated by the institutional division of the Texas Department of Criminal Justice or under contract with the Texas Department of Criminal Justice; (7) has been released by the Texas Youth Commission and is on parole, if state law provides for such a person to be on parole; or (8) meets the current low income or moderate income limits developed under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 14376, et seq.). (ii) the need for the product/service provided by the Business/Employer in the local area; (iii) the estimated multiplier effect on the local economy of the Program Project either due to the level of wages paid or the injection of outside funds into the local economy (i.e., tourism, capital expenditures, purchasing or materials from local businesses, etc.); and (iv) the creation of part-time positions, and/or 01-3061 agroement_2J7naldoc VOL 42 PAGE I55 Page 5 of8 (v) capital expenditures which have a material and direct positive impact upon the local economy by providing the following benefits: 1. increases in the local tax base; 2. creation of ancillary jobs and/or jobs for Economically Disadvantaged Individuals; 3. attraction of other businesses; 4. creation of new sales tax revenues; 5. commercial development of new and existing areas; 6. defining, enhancing and/or redefining job skill level of locally available work force. If such considerations indicate that the benefit to the local economy meets or exceeds that which would be gained by the Business/Employer employing and/or retaining the number of employees required for the level of funding under subsection (e) above, the RVP may consider such business as qualifying and therefore recommend such Business/Employer to the COUNTY upon the approval of the Board of Directors by a 75% or more favorable vote (9 of 12). (h) all contracts for Program Projects must be in a form approved by the COUNTY and COUNTY's legal counsel. The contract must include, but is not limited to, provisions: (i) containing the Program Project Performance Standards applicable to the Business/Employer, and the Business/Employer's agreement to comply therewith in a set time- frame; (ii) requiring periodic documentation of the Business/Employer's compliance with the Project Performance Standards, and giving the RVP and the COUNTY the right to inspect its operations and books to confirm the Business/Employer's compliance with the Program Project Performance Standards; (iii) requiring the repayment within sixty (60) days of demand of the funds appropriated to the Program Project by the COUNTY if the Business/Employer fails to meet the Project Performance Standards or otherwise is in material breach of its contract with the COUNTY, and giving the COUNTY the right to sue the Business/Employer to enforce the contact between the COUNTY and the Business/Employer, and to recover all attorney's fees and costs incurred in doing so; (iv) requiring the Business/Employer to make draw requests for the funding from the COUNTY, which requests must show in detail how the money and/or property will be applied/used, or for what the reimbursement is sought, and which contain such documentation as is required by the COUNTY; and (v) requiring compliance with all applicable laws regarding the provision of equal employment opportunities. 01-3061 Agnem 12,finaLdo VOL 49 PAGE l56 Page 6 of8 ARTICLE VII Board of Director Approval 7.1 No Program Project may be recommended to the COUNTY except upon a favorable vote of the RVP Board of Directors in accordance with its current bylaws and procedures. 7.2 Exceptions to Program Standards or the dollar limits in this section requires 75% (9 of 12) approval of the RVP Board of Directors. ARTICLE VIII Accounting 8.1 Upon the request of the COUNTY, the RVP shall provide within 90 days after the close of the RVP's fiscal year, an audited financial accounting or an internal audit financial report of the RVP. ARTICLE IX Miscellaneous Terms 9.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by Fast Class Mail, or other reliable courier. Notice to the County shall be sent to: Randy Sims, County Judge Brazos County Courthouse 300 E. 26th Street, #114 Bryan, Texas 77803 Notice to the RVP shall be sent to: John Duncum, Chairman of the Board Research Valley Partnership, Inc. 4001 East 29th Street, Suite 180 Bryan, Texas 77802 9.2 Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 9.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or 01-3061 Agmement_2fina(.do VOL W PAGE 157 Page 7 of8 understandings regarding those areas. Any amendment of this Agreement must be in writing, and executed by a duly authorized representative of each party. 9.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 9.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture or partnership and that neither party shall have the authority to bind or incur liability to the other. Furthermore, the RVP shall not be an employee or agency of the COUNTY, but rather, is an independent contractor. 9.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. 9.7 Venue. The place of performance of this Contract is Bryan/College Station, Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Bryan/College Station, Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Bryan/College Station, Brazos County, Texas. Disputes under this Agreement will not be submitted to arbitration. 9.8 Entire Agreement and Binding Authority. This Contract supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Contract and is binding on the parties and their successors, agents and assigns. 9.9 Waiver. No waiver by either party of any provision of this Contract shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Contract the respective patties for which they sign. BRAZOS COUNTY, TEXAS RESEARCH VALLEY PARTNERSHIP, INC. By A4v~~ By: Randy ins, County Judge t u cum, Chairman of the Board 01-3061 Agrccmentlfmal.doc VOL 148 PAGE 158 Page 8of8 EXHIBIT"A" PRIMARY COMMUNITY INCENTIVES TAX ABATEMENT The following will be used as Guidelines for tax abatement: CAPITAL INm! ; T9T bmrAL INVESTMENT CAPITAL INVESTMENT $2,000,000 t0 $4,000,000 $4,000,001 to $8,000,000 $8,000,001 + YEAR or or or GROSSPAYROLL GROSS PAYROLL GROSSPAYROLL $250,000 to $1,000,000 $1,000,001 to $2,500,000 $2,500,001 + 1 70% 70% 70% 2 50% 60% 70% 3 30% 50% 60% 4 20% 40"/0 50% 5 10% 30% 40% 6 0% 20% 30% 7 0% 10% 20% 8 0% 0% 10% Requests for tax abatement will not be made to either College Station Independent School District or Bryan Independent School District. PERFORMANCE-BASED FINANCIAL ASSISTANCE The following will be used as Guidelines for performance-based financial assistance: CAPITAL INVESTMENT CAPITAL INVESTMENT CAPITAL INVESTMENT ASSISTANCE $2'000,000 to $4'000'000 $4,000,001 to $8,000,000 $8,000 000+ or or CATEGORY 01 GROSSPAYROLL GROSS PAYROLL GROSSPAYROLL $250,000 to $1,000,000 $1,000,001 to $2,500,000 $2,500,001 + Poiform Based ance B $15,000 to $40,000 $40,001 to $65,000 Based $65,001 to negotiable VOL 4? PAGE 159 COUNTY OF BRAZOS STATE OF TEXAS AGREEMENT This Agreement is entered into by and between Brazos County Crime Stoppers, Inc., hereinafter referred to as the "Program", the Brazos County Sheriff's Office, hereinafter referred to as the "Sheriff's Office", and the Brazos County Commissioners Court, hereinafter referred to as the "Commissioners Court". The parties are located in the State of Texas. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. PURPOSE The Program benefits all citizens of Brazos County by encouraging citizen participation in the apprehension of criminals. The Program needs a centrally located site to house its operations. Local law enforcement officials have agreed that a suitable site for such Program is in the Sheriff's Office because it is located in the county's courthouse and because available space exists. The Program has requested that Brazos County pay one-half its employee's annual salary and all the benefits normally associated with being a county employee. II. TERM The term of this agreement is to commence on October 1, 2003 and to end on September 30, 2004. III. SITE The Program will be housed in the Sheriff's Office for as long as the apace is not needed by the Sheriff's Office. Should the Sheriff's Office need the space, the Sheriff may revoke this agreement by notifying the Chairman of the Program in writing, stating that the space is needed. The Sheriff's Office -1- VOL " PAGE /(va should provide the Program a reasonable time to find another site to locate and such time period shall be not less than thirty (30) days from the date notice is given and not longer than one hundred eighty (180) days from the date notice is given. M FURNISHINGS The office furniture currently in the space is available for use by the Program but the Program is responsible for adding any additional furniture it deems necessary. V. EQUIPMENT The Program will provide its own equipment, office supplies, and telephone lines for its operations. VI. EMPLOYEE The Program will hire and supervise an employee to act as an administrative assistant, hereinafter referred to as the "Assistant Coordinator". The Assistant Coordinator will be under the direct supervision of the Brazos County Sheriff and is required to abide by all policies and procedures promulgated by the Commissioners Court. VII. COMPENSATION The Commissioners Court agrees to pay one-half of the annual salary for the Assistant Coordinator's position in the amount of $13,090.50. The Program - agrees to pay one-half of the annual salary for the Assistant Coordinator's position in the amount of $13,090.50. The Commissioners Court agrees to pay such benefits for the Assistant Coordinator's position which includes insurance, unemployment insurance, FICA and withholding, retirement and workers compensation. The total cost to Brazos County for such benefits are approximately $10,895.00. -2- VOL 4S PAGE W The Program agrees to reimburse Brazos County $13,090.50 for one-half of the annual salary of the Assistant Coordinator and further agrees to reimburse Brazos County for any additional salary that the Program grants to the Assistant Coordinator. Payment is to be made in advance in four (4) equal payments on or before the 10° day of January, April, July, and October of each year. VIII. AMENDMENTS This agreement may be amended only by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this agreement. IX. ENTIRE AGREEMENT This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding. , Agreed to on this Nfo~day of Cp,//h}y 2003 Brazos Coun Judge Chairman-Brazos County Crime Stoppers, Inc. Brazos County eriff -3- VOL `19 PAGE 63 G - BRAZOS COUNTY BRYAN. TEXAS 2004 Brazos County Resolution Indigent Defense Grant Program WHEREAS, under the provisions of the Fair Defense Act, 77'" Regular session, counties are eligible to receive grants from the Task Force on Indigent Defense to provide improvements in indigent defense services in the county; and WHEREAS, this grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS, Brazos County Commissioners Court has agreed that in the event of loss or misuse of the funds, Brazos County Commissioners assures that the funds will be returned in full to the Task Force on Indigent Defense. NOW, THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOLVED that the County Judge is designated as the Program Director and contact person for this grant and the County Auditor is designated as the Financial Officer for this grant. Adopted this a~ day of fr#cn l nc 2003. /111ndly Sims, County Judge .ATTEST: aren McQueen, County Clerk VOL 4 8 PAGE /43 Fiscal Year 2004 EMERGENCYMANGEMENT PERFORMANCE GRANT (EMI APPUCA77ON - PLEASE PRINT OR TYPE 1. APPLII:ANT NAME (Jurisdiction): Brazos County Interjurisdictional Emergency Management 2. COUNTY: Brazos 3. DISASTER DISTRICT: 6C 4. EMPG STATUS: ( X ] Current EMPG Program participant [ ] New EMPG Program applicant 5. PROGRAM PARTICIPANT: (List all jurisdictions that are participants in your emergency management program. Identify any jurisdictions that have joined or withdrawn from your program in the last year.) Brazos County; Bryan, College Station; Wbcon Valley; A&M University 6. CHECKLIST OF APPLICATION ATTACMENTS: (See the FY 04 Local Emergency Management Program Guide for further fiformalion on completing these forms.) [ X) Designation of Grant Officials (farm DEM -17A) [ X ) Statement of Work & Progress Report (form DEM-179). This form should be signed by the EMC. [ X] Application for Federal Assistance (forth DEM-66). The Authorized Official should sign this form. [ X) EMPG Staffing Pattern (forth DEMO. [ X ] EMPG Staff Job Description (forth DEM-68). An apdated)ob description must be provided for each.staffinember&W, in the FY 04 EMPG Stalling Pattern who works more than 50 percent of their Pane in emergency management duties. [ X ] Certification & Assurances. Appropriate sections of paragraphs 3.4, and 5 of the Comprehensive Cer6ficalion must be Initialed. Tthe Authorized Official must sign both the Certification and Assurances. If the applicant carries out lobbying activities, Paragraph 1 of the Certification must be chedced and Standard Form LLL (SF-LLL), Disclosure of Lobbying Activities, must completed and attached. The Authorized Official must sign.SF-LLL [ X) Direct Deposit Authorization (form 74-146). The Grant Financial Officer should sign this form. If the jurisdiction has been receiving EMPG reimbursements through Direct Deposit, a new Direct Deposit Authorization is not required. [ X ] Travel Policy Certification (form DEM-69). The Gram Financial Officer should sign this form. 7. CERTIFICATION: This Application together with the affa ed EMPG Statement of Work & Progress Report (form DEM-1713) constitute the annual work plan for the emergency management program whose participants are listed above. The undersigned agree to exert their best efforts to accomplish ail activities listed in the EMPG Statement Work Prog Report approved by the Division of Emergency Management. p Authorized rat Dates M o . rl/ i - r `"03 rg cY nagement Coordinator Date " na nature 8. APPROVAL: The attadred Fiscal Year 2004 EMPG Statement of Work & Progress Repot is approved. ( j State Coordinator Date ] Assistant State Coordinator DEW17 7/03 VOL 49 PAGE DESIGNATION OF GRANT OFFICALS Grant Program FY 04 Emergency Management Performance Grant (EMPG) Applicant Name Brazos County Intequrisdictional Emergency management Name Mr. X Ms. DeMede Giordano Official 101 Regent Ave., Suite 320 Mailing Bryan, TX 77803 Address Daytime Phone Number 979 361-4140 Fax Number (979) 821-3407 E-nailAddress deme co.brazos.bLus Wilt n ,.za r~i ` e 4 Name X Mr. Ms. John Reynolds Title Auditor Of5ccial 300 E. 26 St. Mailing Bryan, TX 77803 Address Da ime Phone Number 979 361-4354 Fax Number (979) 3611347. E-mail Address jreynolds@co.brazos.tx.us t Xr[' Name X Mr. Ms. Judge Rand Sims Tide Cou Jud e Official 300 E. 26 6 Marling Bryan, TX 77803 Address Daytime Phone Number 979 361-4102 Fax Number (979) 823.6993 E-ma#Address rsims@_co.brazos.tx.us DEM-17A 7/03 VOL 249 PAGE /P5 Fiscal Year 2004 STATEMENT OF WORK & PROGRESS REPORT Pa eJ of 5 licant Name: Brazos County Inte 'urisdictional Emergency Management - This is our. [XI Statement of Work Progress Report #1 [ Progress Report #2 Submitted B Date DEM Review B Date WORK PLAN DeMede Giordano 9/5/03 Progress Report #1 Progress Report #2 Task 1 Work Plan & Semiannual Progress Report Work Plan We will submit an EMPG Application, two Progress Reports, and quarterly Financial Reports. Progress [ ] This Progress Report # 1 is being submitted to my Regional Liaison Officer Report #1 First & Second Quarter Financial Reports have been submitted to DEM Support Services. Progress [ ] This Progress Report # 2 is being submitted to my Regional Liaison Officer. Report #2 Third & Fourth Quarter Financial Reports have been submitted to DEM Support Services. Task 2 Legal Authorities for Emergency Management Program Work Plan [X] We will maintain current legal documents establishing our emergency management program. [ ] Our legal documents are current & on file with DEM; no additional action is required. [)t] We will prepare or update & submit to our Regional Liaison Officer. [ ] Commissioner's Court Order [X] City Ordinance(s) for. Kurten [XI Updated Joint Resolution Progress [ ] We completed & submitted to our Regional Liaison Officer. Report #1 [ ] Commissioner's Court Order ] City Ordinance(s) for. U ated Joint Resolution Progress [ ] We completed & submitted to our Regional Liaison Officer. Report #2 [ ] Commissioner's Court Order [ ] City Ordinance(s) for. Updated Joint Resolution Task 3 Public Education/Information Work Plan [X] Option 1: We will conduct 30 hours of hazard awareness activities for local citizens. OR [ ] Option 2: We will prepare & distribute public educationfrnformation materials to a substantial portion of the community. Describe: Progress [ ] We completed the following hazard awareness or public education/information activities: Report #1 Progress [ ] We completed the following hazard awareness or public education/information activities: Report #2 # you chose Option A a copy of the materials you distributed must be attached to your progress Report DEM-1713 o_.,m, VOL Y9 PAGE I Page 2-4f 5 Applicant Name: Brazos County Inte 'urisdictional Emergency Management Task 4 Emergent Management Planning Documents Work Plan [X] We have reviewed our emergency management plan & its annexes for currency. [X] We will develop or update by revision or change these planning documents: [X] Basic Plan Annexes: [ ] A [ I B [X] C [ ] D E [ ] F [ I G [ I H I ] I I ] J [ ] K [ ] L [ ] M [)N [1O [ I P PgQ[]R []S []T [X] U [JV Other documents: NOTE: Plans & annexes dated September 30, 1999, & earrershould be revised/updated this year. Progress I ] We developed or updated and submitted to our. RLO the foNowing documents, together with Report #1 the appropriate planning standards checklists: I] Basic Plan Annexes: [ l A [ 1 B[ I C I I D I 1 E I 1 F I] G I 1 H I ] I I]K I ] L I1M I1N [10 [1P IIQIIR IISIIT I]U I1V Other documents: Progress [ j We developed or updated and submitted to our RLO the following documents, together with Report #2 the appropriate planning standards checklists: [l Basic Plan Annexes: []A []B [ ] C []DIIE[]F[]G[]H[II III IlK I I L [IM I1N []O []P IIQI]R []S [IT []U I ] V Other documents: Task 5 Exercise Participation & Schedule Work Plan [X] We will develop & submit a two year exercise schedule (below). [XI We will conduct & report participation in a tabletop exercise and a functional or full-scale exercise this fiscal year or obtain exercise credit for actual events for these exercises. EXERCISE SCHEDULE Period Exercise Type Exercise Scenario • Quarter of Year This Fiscal Year (FY 04) [X] Tabletop [ ] NH I ] TH [ ] NS [X] TR [ ] 1 [Xj 2 [.13[14 (Oct 2003- Sept 2004) Functional Full-Scale NH TH NS TR 1 2 3 4 Next Fiscal Year (FY05) Tabletop NH TH NS TR 1 2 131 ] 4 (Oct 2004- Sept 2005) Functional Full-Scale NH TH NS TR 1 [ 2 3 4 A Full-Scale exercise must be conducted eve three 3 ears Our last Full-Scale exercise was conducted on date): 101=3 Scenarios: TR `Exercise Scenarios: NH = Natural Hazard, TH = Technological Hazard, NS = National Security, TR = Terrorism Progress [ ] We conducted a tabletop exercise and provided documentation to DEM. Report #1 [ ] We conducted a [ I functional, [ I full-scale exercise and provided documentation to DEM. [ J We requested functional or full-scale exercise credit for an actual occurrence from DEM and our request was approved. Progress . [ ] We conducted a tabletop exercise and provided documentation to DEM. Report #2 [ ] We conducted a [ ] functional, [ ] full-scale exercise and provided documentation to DEM. [ ] We requested functional or full-scale exercise credit for an actual occurrence from DEM and our request was approved. DEM47B VOL PAGE /67 Pa a 8'of 5 plicant Name: Brazos County Inte -urisdicUonal Emergency Management Task -6 Training for Emergency Management Personnel DCl EMPG-funded ememencv management personnel will oaficioate in the followina training Work Position/Name Course Name(s) or Number(s) Plan 1 rkWprlP (,inrdann G9107 Pln- GOPM - t)nnaMrr, 7 Mirhple MPAAA (,93n - PrinninlPC- (1935 - Planninn 3 Nathan Rivilc (;73.5 - Prim-Inlem 4 Rrian Hilton (;735 - Prinrinipm 5 R 7 R 9. progress [ ] Emergency management personnel completed the following training: Report #1 Position/Name Course Name(s) or Number(s) 1 9 3 4 5 R 7 R 9. progress Emergency management personnel. completed the following training: Report #2 Position/Name Course Name(s) or Number(s) 1. 2. 3. 4. 5. 6. 7. 8. 9. DFM-17B VOL PAGE Il~~ Pa W 5 Applicant Name: Brazos Coun Inte 'urisdictional Emergency Management Task 7 Emergent Management Training for Other Personnel Work Plan [X] We will conduct or arrange emergency management-related training for elected officials, other local officials, & support agencies. Progress The following individuals completed the training indicated: Report #1 (Enter positiordname and training completed) 1. 2. 3. 4. 5. 6. 7 8. 9. Progress The following individuals completed the training indicated: Report #2 (Enter position/name and training completed) 1. 2. 3. 4. 5. 6. 7. 8. 9. Task 8 Emergency Management Staff Development Work Plan Pq We will participate in the following emergency management staff development activities: Annual Emergency Management Conference; State Emergency Management Hurricane Conference; TGCEMA Board Meetings; EMAT meetings; Capitol Area Meetings; Regional Planning meetings (BVCOG); LEPC Annual Conference; EM Academy for staff Progress We completed the following staff development activities: Report #1 Progress We completed the following staff development activities: Report #2 DEM-17B o.... ~mv VOL Y8 PAGE 9. pa f 5 Applicant Name: Brazos County Intelurisdictional Emergency Management _ REMARKS - (Use a Continuation Sheet if necessary) MM-1713 o,.. Mme VOL 149' PAGE 176 APPLICATION FOR FEDERAL ASSISTANCE (Instructions on Revoise) 1. NAME OF PROGRAM/ASSISTANCE: 2. CFDA NUMBER: 3. APPLICANT STATUS; EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) 83.552 ( )New Applicant X Renewal 4. FEDERAL FISCAL YEAR: 5. START DATE: 6. END DATE: 2004 October 1 2003 --September 30, 2004 7. APPLICANT INFORMATION A. Legal Name of Applicant Organization (as it appears on B. Name & Telephone Number of Emergency EMPG Application/DEM-17): Management Coordinator. Brazos County Emergency Management DeMerie Giordano (979) 361-4140 C. Mailing Address: D. Physical Address (if different from Mailing Address): 101 Regent Ave., Suite 320 same Bryan, TX 77803 8. EMPG PERSONNEL SUMMARY include only those staff that will be id with EMPG funds : A. Number of EMPG Staff & Percentage of Time Worked in Emergency Management Duties: --!__staff at 100 percent staff at percent staff at percent. staff at percent staff at percent staff at percent B. Total number of EMPG4vnded personnel= 2 . 9. ESTIMATED EXPENSES: A. Salary & Benefits (from form DEM-67) 95, 085.00 B. Travel Expenses (from form DEM-67) 3,200.00 C. Other Expenses (from section 11 on reverse side of this form) 23,400.00 D. Total Expenses (A + B + C) 121, 685.00 E. ederal Share (D x .50) $60,843.00 10. CERTIFICATION: I certify that to the best of my knowledge and belief this application and its attachments are true and correct. A. Typed Name of Authorized Official: Judge Randy Sims B. Title of Authorized Official: Brazos Coun Judge C. Signature of Authorized Official: D. Date Signed: FOR DE M l7SE ONLY: Date Received b Support Services Section: DEM-66 7/03 VOL 49 PAGE 17~ INSTRUCTIONS FOR THIS FORM For the front side of this form: 1. Except as indicated below, entries are self-explanatory. 2. Item 7A: Enter the legal name of your.jurisdiction. Your entry should match the Applicant Name used on the EMPG Program Application (form DEM-17). 3. Item 8A: Indicate the number of staff members who work specific percentages of time in emergency management duties. Example: 1 staff @ 10 percent ? staff @ 50 percent. Include only staff members whose salary and benefits will be supported by EMPG funding. The data in this section should agree with the information included on the EMPG Staffing Patter (form OEM-67). 4. Item 10 A, B, & C. This form must be signed by an Authorized Official, who is a Rprson authorized by the governing body of the jurisdiction to apply for grants and accept grants and execute agreement and contracts on behalf of the jurisdiction. Authorized Officials typically county judges, mayors, and many city managers. 11. OTHER ALLOWABLE EXPENSES: Describe the other allowable expenses of your emergency management program that you are requesting be supported by EMPG funding and provide an estimate of the amount of those expenses. Continue on a separate sheet if necessary. Transfer the Total calculated below to fine 9C on the front of this form. See the DEM pamphlet Summary of Allowable and Unallowable Costs for the EMPG Program to determine whether a planned expense is allowable or not. Description Estimated Amount Copier/Printer supplies 6W Food supplement during EOC activation; training activities 1,000 Office supplies 1,500 Legal Notices. 300 Awards 300 Conferences/Seminar fees 750 Dues to professional organization 300 Pagers 200 Printing 3,200 Subsrciption/Publications 100 Training 1,000 Telphone/call/long distance 600 Equipment maintenance (ring down notification/EAS) 3,000 Office/radio maintenance 350 Vehicle (command post) maintenance 11000 Other equipment 750 Telephone equipment 500 Equipment rental 400 Office Space rental 4,100 Computer consultant (Website host) 2,900 Professional fees 250 Discretionary account 300 DEM-66 7/03 VOL q{ PAGE )7~ TOTAL $ 23, 10.00 DEM-66 7/03 VOL 4S PAGE 173 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) STAFFING PATTERN (Instructions on reverse) 1 APPLICANT (as it appears on EMPG Application): 2. COUNTY: 3. FY: 4. DATE: 04 9/05/03 Brazos County Eme en Manage' Brazos 6. 7. 8. 9. 10. 11. FULL-TIME Gross Gross Gross % in Salary & Est. EMPG-FUNDED Annual Annual Salary & EM Benefits EM STAFF Salary Benefits Benefits, Duties for EM Travel (6+7) 8 x 9 Costs Name: DeMede Giordano 37,917. 13,221. 51,138. 100.00 51,138.00 2,200.00 Position: EMC Name: Michele Meade 31,898. 12,049. 43,947. 100.00 43,947.00 1,000.00 Position: Deputy EMC Name: 0.00 Position: Name: 0.00 Position: Name: 0.00 Position: Name: 0.00 Position: Name: 0.00 Posttion: Name: 0.00 Position: Name: 0.00 Position: A SUBTOTAL 95,085.00 3,200.00 12. 13. 14. 15. 16. 17. 18. 19. PART-TIME Gross Gross Gross % of % in Salary & Est. EMPG-FUNDED Annual Annual . Salary & Full EM Benefits EM STAFF Salary Benefits Benefits Time Duties For EM Travel (14+ 15 17 x 18 Costs Name: 0.00 0.00 Position: Name: 0.00 0.00 Position: Name: 0.00 0.00 Position: B. SUBTOTAL TOTAL 20. 21. Add Subtotals in A & B above 95,085.00 3,200.00 DEM-67 Rev 7/01 VOL 42 PAGE 1'74 INSTRUCTIONS - For Form DEM-67 1. Applicant: The name of your organization as reflected in your EMPG Application (DEM-17). 2. County: Self-explanatory 3. FY: Enter the fiscal year for which application is being made as a 4 digit number (2003, 2004, etc.) 4. Date: Self explanatory - use MM-DD-YY format 5. Full-time EMPG-funded Staff: List the name and position title of each EMPG-funded staff member. If a position is vacant during the period when this forth is prepared, indicate'Vacanr for the name. 6. Gross Annual Salary: Use whole dollars - round up if necessary. 7. Gross Annual Benefits: Use whole dollars - round up if necessary. 8. Gross Salary & Benefits: The sum of data in columns 7 & 8. 9. % in EM Duties: The percentage of overall work time that the person named in the first column spends on emergency management duties, stated as a decimal. For example, 25% =.25, 50% =.5, etc. 10. Salary& Benefits for EM: Multiply the values in columns 9 & 10. Use whole dollars - round up if necessary. Enter a subtotal at the bottom of the table. 11. Est Elil Travel Costs: Enter estimated emergency management-related travel costs for each employee. Do not include travel costs that will be reimbursed by another state or federal program. Enter a subtotal at the bottom of the table. 12. Part-time EMPG-funded Staff: List the name and position We of each EMPG-funded staff member. If a position is vacant during the period when this form is prepared, Indicate WacanY for the name. 13. Gross Annual Salary: Gross annual salary for part-time work as indicated in item 16. Use whole dollars - round up if necessary. 14. Gross Annual Benefits: Gross annual benefits for part-time work as indicated in item 16. Use whole dollars - round up if necessary. 15. Gross Salary & Benefits: The sum of data in columns 14+15.. 16. % of Full Time: The percentage of full-time that the person named in the first column works, stated as a.decimal. For example, 40 percent of full-time should be entered as.40. 17. % in EM Duties: The percentage of overall work time that the person named in the first column spends on emergency management duties, stated as a decimal. For example, 25% = .25, 50% = .5, etc. 18. Salary & Benefits for EM: Multiply the values in columns 15 & 17. Enter a subtotal at the bottom of the table. 19. Est. EM Travel Costs: Enter estimated emergency management-related travel costs for each employee. Do not include travel costs that will be reimbursed by another state or federal program. Enter a subtotal at the bottom of the table. 20. TOTAL salaries and Benefits for EM. Add the subtotals at the bottom of both tables to obtain this figure. Transfer this total to line 9A of forth DEM-66. 21. TOTAL Est. EM Travel Costs. Add the subtotals at the bottom of both tables to obtain this figure. Transfer this total to line 96 of form DEM•86. DEM-67 Rev 7/01 VOL 4k PAGE 175 EMPG STAFF JOB DESCRIPTION Agency Name Brazos County Staff Members Name(s) DeMerle Giordano Position Title Emergency Management Coordinator - Description Prepared By DeMerle Giordano Date Prepared 9-11-03 JOB DESCRIPTION A. Provide a general description of the duties performed by this staff member. Sets goals and objectives for department; Responsible for the overall planning, coordination and operation of the Emergency Management program for Brazos County. On call Status with"f@sponse to emergencies outside the corporate limits of Brazos County and to other emergencies requiring interjurisdictional response and assistance; coordinates hazardous spills with state agencies; identifies needed modifications and updates the emergency management plan; monitors severe weather and response actions; performs hazard analysis and vulnerabilities studies; administrative dutes for grant performance and maintenance; prepares annual budget; prepares and presents public awareness programs; serves as liasison between cities and state agencies.Serves on Regional Homeland Security Advisory Committee; serves as notification coordinator for local LEPC.Completes and maintains the Guidelines for Emergency Operations manual; maintains and prepares the EOC for use; inlcuding inventory, Blocking supplies; preparing maps; and computer related hardware and software; Establish annual exercise plan for Brazos County; Serves as Mitigation Coordinator for regional plan. Attends annual training and conferences with DEX B. If this staff member performs both emergency management duties and other duties, identify the. specific emergency management duties performed. n/a DEM-0 Retain a copy of this &-='Pion for fudue use. 7103 VOL y~ PAGE (74 EMPG STAFF JOB DESCRIPTION Agency Name Brazos County Emergency Management Staff Members Name(s) Michele Meade Position Title Deputy EMC Description Prepared By DeMerle Giordano/EMC Date Prepared 9-11-03 JOB DESCRIPTION A. Provide a general description of the duties performed by this staff member. Assist the Coordinator in the developing, implementation and maintaince of format standards for emergency plan, annexes and appendices; maintains director of emergency resources; assist in planning of exercises; may responsd to emergency events in the absent of EMC; documents response activities; maintains Emergency Operations status displays and software.. Responsible for maintaining up to date emergency contact information of key personnel, attends regular meetings and training seminars related to emergency management. Assist with the preparation of the annual Emergency Management Academy and the Disaster Volunteer Academy. Coordinates with the Hazard Mitigation Team for the County.Responds promply to work emergency incidents as required. B. If this staff member performs both emergency management duties and other duties, identify the, specific emergency management duties performed. n/a DEM-0 Retain a copy of this description for future use. 7/03 VOL 0 PAGE /'I'7 CERTIFICATION & ASSURANCES COMPREHENSIVE CERTIFICATION This certification is a material representation of fad upon which reliance will be placed by the agency that will award the grant If it is later determined that the grantee knowingly rendered an erroneous certificafion, the agency, in addition to any other remedies available to the federal govemmerd, may take available action. 1. CeMcation Regarding Lobbying If this application is for federal funds In excess of $100,000. I certify to the best of my knowledge and belief. A. No federal appropriated funds have been paid or will be paid to any person for influence an officer or employee of any agency, a member of Congress, an officer or employee of Congfsss, or an employee of a member of Congress in connecton with the awarding of any federal contrack the making of arty federal grand, the making of any federal ban, the entering Into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal eordrad, grand, loan, or cooperative agreement B. If any non-federal 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 officer or employee of a member of Congress in connection with this federal contract, grant, ban, or cooperative agreement, check here . If checked, the undersigned shall complete and attach a'Disclosure Forth to Report Lobbying' (Standard Forth LLL) to these ceri fications, and C. The undersigned shag require that the language of this certification be Included In the award documents for all subawards at all tiers and that all subteclpients shall o>w* accordingly. 2. Drug-Free Worlpiaee Certficafion This application is for federal funds. The applicant certifies that it will provide a drugfree workplace by: A Publishing a statement notifying employees that the unlawful manubcbue, distriMNon, dispensing, possession, or use of a controlled substance is prohibited In grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establishing a drug-free awareness program to Inform employees about: 1. The dangers of drug abuse In the workplace, 2. The applicant's policy of maintaining a dW*ee workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations. C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (A). D. Notifying the employee in the statement required by paragraph (A) that, as condition of employment under the grant, the employee win: 1. Abide by the terms of the statement, and 2. Notify the employer of any criminal drug statute conviction for a vioiadon ocaming in the workplace not later than five days after such conviction. E. Notifying the agency within ten days after receiving notice under subparagraph (D)(2) from an employee or . otherwise receiving actual notice of such convidon. F. Taking one of the following actions with respect to any employee who Is so convicted. 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency. G. Making a good faith effort to continue to maintain a drug-free workplace through the implementation of paragraphs (A), (B), (D). (E), and (F). DEM-=1 1 VOL YS'PAGE 1-18 3. Audit Certification- Annual Reporting Requirement = This a PGcation is for federal funds. I certify Qnltial the appropriate choice): _ The applicant agency currently expends combined federal funding of $300,000 or more and therefore, is required to submit an annual single audit by an independent auditor made in accordance with the Single Audit Ad Amendments of 1998 and OMB Circular A-133. The applicant agency currently expends combined federal funding of less that $300,0000 and therefore Is exempt from the Single Audit Act and cannot charge audit costs to a Weral grand. 1 understand, however, that the Texas Department of Public Safety may require a limited scope audit as defined In OMB Circular A-133. 4. Equal Opportunity Plan (EEOP) Certification-Annual Reporting Requirement Definitions: Type I Entity ' Educatiork0nedicalhron-profit InstitutiorJNative American TrfiA - cetfifwcatiM required (initial below); EEOP NOT required. Type N Entity All other recipients receiving more than $25,000, but not more than $500,000 - rertificetion required (initial below); organizations must maintain EEOP on fide for possible audit if the organization has more than 50 employees; and Tyne In Entity For-profit entities and state and local governments receiving $500,000 or more - certification required (Initial below); the organization must submit an EEOP to Office for Civil Rights (OCR) for approval. W yourorvankation Is a Tyne L p ar lB &i&y please liMbl one of the rollowbW I certify this organization is a Tyne I Erntity This entity will comply with the prohdbitions against discrimination in any program or activity (28 CFR § 42 203), is not required to maintain an Equal Employment Opportunity Plan, but will comply with equal employment opPoAuNty Program guidefines of the Department of Health and Human Services (28 CFR 42.302). 1 certify tints organtim6w is a Type It Entity that eMPIMM less than do people. This entity will comply with the prohibitions against discrimination In arty Program or admity (28 CFR§ 42.203), but is not required to maintain an Equal Employment OPporhmity Plan (28 CFR 42.301 at seq.). I certify this organdtatlon Is a Type fi Entity that employs 80 or more purple. This entity will comply with the prohibitions against discrimination in arry program dr activity (28 CFR§ 42203), and has formulated an equal employment program (28 CFR 42.301 at seq.), that is on file in the [Office of the Go /COG] for approval upon award of a grant I certify this organisation Is a Type Ig Entity. This entity will comply with the prohibition against discrimination in any Program or activity (28 CFR§ 42.203), and has formulated an equal employment opportunity program (28 CFR 42.301 at seq.), that will be submitted to the Federal Emergency Management Agency for approval upon award of a grand. 5. Department: Certification - Annual Reporting Requirement If this appricatbn S forladeral funds h excess of $24000, 1ON* that (in9ief the appropriate choice): By submission of this proposal, that neither the applicant agency nor Its principals are presently debarred, suspended, proposed for debarment declared inefigfile, or voluntarily excluded from Participation in this transaction by any federal department or agency. If I am unable to certify: -1 am unable to certify the above statement and have attached an explanation to tics application Brazos County Emergency Management EMPG Application Appficant's Organisation Mole We Randy Sims. Brazos County Judge Minted Name and Tee of Authorized Official sill" the Authorized Olfiefal pate DEII 221 2 'IM'1 VOL 0 PAGE 171 CONSOLIDATED ASSURANCES Applicants must complete this form before they will receive state and/or federal funds. Recipients of state and/or federal funds must fully understand and comply with these requirements. Failure to comply may result in the withholding of funds, termination of the award, or other sanctions. FEDERAL ASSURANCES The applicant hereby assures and certifies compliance with all federal statutes, regulations, policies, guidelines, and regrdrements, Including OMB Circulars. No. A1, A-110, AJ22, A-128, A-87; Education Department General Administrative Regulations (EDGAR); E.O. 12372 and Uniform Administrative Requirements of Grants and Cooperative Agreements - 28 CFR, Part 66, Common Rule, that govern the appliodon, acceptance and use of Federal funds for this project. Also, the Applicant assures and certifies that 1. l coal Autinorlty. it possess% legal authority to apply for the gran, that a resolution, motion or similar action has been duty adopted or passed as an ohfic9el act of the appilcan's governing body, authoriang the filing of the application, including all understandings and assurances contained 2. OisDlaced Persons. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions (42 USC 4601 - 4655), which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programs. 3. E2gkal ag1h y. It will comply with requirements of the provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed In whole or in part by Federal grans (5 USC § 1501, at seq.) 4. Fair Labor Standards Act It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 USC gg 201-219) If applicable. 5. Conflict of Interest it will establish safeguards to prohibit employees from using their positiau for a purpose that is, or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with wham they have family, business, or other ties. 6. Examination of Records. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the gran 7. ComDtianee with Requirements. it will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 8. EPA Violating Faclfift . It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed In the ErMronmerdal Protection Agency's (EPA's) list of Violating Facilities, and that wip notify the Federal grantor agency of the receipt of any communication 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 9. Flood Insurance. it will comply with the flood isurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act (Ch. 50 USC § 4001). This section requires, an and after March 2, 1975, the purchase of flood insurance in communities where such insurance Is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in arty area that had been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase 'Federal financial assistance includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance ban or grant, or any other form of direct or indirect Federal assistance. DEM-221 3 7/03 VOL 4~ -PAGE 192 10. Historic Preservation. it will assist the federal grantor agency in Its compliance with Section 106 of the _.y. National Historic Preservation Ad of 1966, as amended (16 USC § 470), Executive Order 11593, and the Archeological and Historical Preservation Ad of 1966, (16 USC § 569a-1, at seq.) by (a) consulting with the State Historic Preservation Officer (SHPO) on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the edstence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 11. Comoganee wUh laws and Guides. It will comply, and aswre the compliance of all Its subgrardees and contractors, with the applicable provisions of Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Ad, or the Vc ims of Crime Act, as appropriate; the provisions of the current edition and all other applicable Federal Jaws, ordeilcirculars, or regulations. 12. comofiance mm coo of Federal f2egula6ons it will comply with the provisions of 28 CFR applicable to grants and cooperative agreemeris including Part 18 Administrative Review Procedure; Part 20, Criminal Justice information System; Part 22, Confidentiality of Identifiable Research and Statistical information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Procedures for Implementing the National Environmental Policy Act Part 63, Fioodptain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 13. Nondiscrhninadon. it will comply, and all it's contractors will comply, with the non-discriminations requirements of the Omnibus Crime control and Safe Streets Act of 1966, as amended, (42 USC & 3789(d)), or Victims of Crime Act ( as appropriated); Title VI of the civil Rights Act of 1964, as amended; Section 504 of the rehabilitation Ad of 1973, as amended; Subtitle A. Title II of the Americans With Disabilities Ad (ADA) (1990); Tile IX of the Education Amendmerb of 19721 The age Discrimination Ad of 1975; Department of Justice Non-0isaimination Regulations, 28 CFR part 42, Subparts C,D,E, and G; and Department of Justice Regulations on disability disafminabon, 28 CFR Part 35 and part 39. A. In the event a federal or state court or federal or state adminisfrafive agency makes a finding of disaanination after a due process hearing on the grounds of race, color, religion, national origin, sax or disability against a redpierht of funds, the recipient will forward a copy of the finding to the Office for civil Rights, Of6ce.of Justice Programs. B. It will provide and Equal Employment Opportunity Program (EEOP) if required to maintain one, where the applications is for $500,000 or more. 14. Coastal Barriers. Itwill comply, with the provisions of the Coastal Barrier Resources Ad (16 USC & 3501, at seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 15. SwalaMJng Prrition. it will use funds to supplement endsting funds for program activities and may not replace (supplant) non-Federal funds that have been appropriated for the same purpose. The Applicant understands that potential supplanting will be the subject of monitoring and audit Volatiors can result in a range of penalties, including suspension of future funds under this Program, suspension or debarment from Federal grams, recoupme t of marries provided under this grant, and civil and/or criminal penalties. STATE ASSURANCES The applicant hereby assures and certifies compliance with all state statutes, regulations, ponces, guidelines, and requirements including Title 1. Chapter 3, of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS), as they relate to the application, acceptance and use of funds for this project Also, the applicant assures and certifies that 1. Legal Authority, It possesses legal authority in the State of Texas to apply for the grant; that a resolution, motion or similar action has been duty adopted or passed as an official ad of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances curtained therein, and directing and aNhorLdng the person identified as the official representative of the applicant to ad in connections with the application and to provide such additional information as may be required beet-221 4 7Po3 VOL Q PAGE )8 1 2. Cotdtet of Interest it will establish safeguards to prohibit employees from using their positions for a purpose that is o give the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 3. Nondiscrimination. It will comply with all State and Federal statutes relating to nondiacdminadon. 4. Taxes. it will comply with all State and Federal tax laws and is solely responsible for filing all required state and Federal tax forms. 6. Grard Administration. it will maintain an appropriate grant administration system to ensure that all terms, conditions and specifications of the grant, including these standard assurances, are met 6. Rxaminaton of Recorft it will give the sponsoring agency, through any au0l&ed representative, access to and the right to examine all records, books, paper, or documents related to the grand 7, public Inforrnatoort It win ensure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours In compliance with Texas Government Code, Chapter 652, unless otherwise expressly prohibited by law. 8. Child Support Pavnhents. it will comply with section 231.006, Tams Family Code, which prohibits payments to a person who Is in arrears on child support payments. 9. Suspected Chtd Abuse. It will comply with the Teams Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Servtoss. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement 10. Relatves. It will comply with Texas Government Cade, Chapter 57, by ensurirhg that no officer, employee, or member of the applicants governing body or of the applicants contractor shag vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or arty other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shag have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person In the prohibited degree. 11. Operh IAeetnim if the applicant Is a governmental entity, it will campy with Texas Government Code, Chapter 551, which requires eg regular, special or caged meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas constitution. Brews County Emergency Management EMPG Application AppMaanPs Organlzatkin ProiectT e Randy Sims, Brazos County Judge Panted Name and Title of Authorized Official Signature the Authorized O:MI l DER 221 5 7103 VOL 4 PAGE ~ 8 ah 7a17s peezo7r4 1. ~ , VENDOR DIRECT DEPOSIT AUTHORIZATION Under Ch. 559, Govemment Code, you are entitled to review, request and correct information we have onthe about you, a11h kmhad exceptions in accordanoo with Ch. 55Z Govommerd Code. To request information for reviewer torequest enorco odion, contact us at the address ortofi4me munber&sted onivn7orm. INSTRUCTIONS • Use only BLUE or MACK ink. • Section 7 must be completed by the paying state agency. • Alterations must be initialed. • Check all appropriate box(es). • Financial institution must complete Section 4. For further instructions, see the back of this form. TRANSACTION TYPE zo Q New setup (Sections Z 3 d 4) El Change financial Intititution (sections Z 3 d 4) c~i ❑ Cancellation (Sections 28 3) ❑ Charge account number (Sections Z 3 & 4) w ❑ Exemption (Sections 2 & 5 Change account type (Sacgons 2, 3 d 4) PAYEE IDENTIFICATION 1.soddsewlymemema 2 Mal code (Irnofburn..dAs N Fedw Emplerer.M (M) 746000433 «I+wwtnr'arirosmme,toor..ri 038 z O 1 Nero l al6hap regp~iey ~j Brazos County Treasurer ( 979 ) 361-4341 N 6See&e0dey3 &OIy 7.SWe &21Pmda 300 East 26th Street, Suketl313 Bryan TX 77803 AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION 9. Pursuant to Section 403.016, Texas Goverment Code, I autila¢e ft Comptroverof Pubrx: Accounts to deposit by aleeberdc bensfar payments owed lo me.by the State of Texas and. 9 neoessmy, debit entries and adiustments for any amamts deposited elec4ordcally in error. The Comptroller n shall deposit the payments In the financial Institution and account designated below. I recognize that if I fan to provue complete and ace, rate Momma- o lion on this authorization form. the processing of the form may be delayed or that my paymerds maybe erroneaay bansferrede ecumkally. . I consent to and agree to eornpty, with the National Automated Clearing House Association Rules and Regulations and the Comptroller's rules about N efecbodc transters as they exist on the date of my signature on this form or as subsequently adopted, amended or repealed. te.Nahatr~d agaaee / 11. Fdnrad mm. 12 OW FINANCIAL INSTITUTION (Must be Completed by flnanaal institution representative) 13. FMgN ea604lor111Y119 First 11 Bede American Bank Bryan Tyr `r 16. Pe ft raaimntar 17. CU>dns evsaa mnex t0erhss reaxw ❑ YESJ 1&Tryedeoooae o I 1131 t l 9353 iU i 0326920204 t ~ctreadng ❑sevings V to Repsemfa6.u rorre (Fxv+<Pd+q al. idb w Kathy Lynch Asst.Yice President of Retail Operate. Specialist 21. RemeaaiW.a SIWOVe NKbm4 21. Plivn r.vrem zs 2 979 260-4320-$ EXEMPTION: I claim exemption and request payment by state warrant (check) because: n I am unable to establish a qualifying account at a financial Institution. W 2CAIO tred dgf 21 R4xsd ram. x. ~ m CANCELLATION BY AGENCY 1O 27. Racoon m oxe PAYING STATE AGENCY M. Snnawe 3a rewd rams z z p 31.Aponcymms 3z aomxyn.mea, W U N 1l. GammsNC N. a~ ninEa d6 ar VOL 49 PAGE 183 TRAVEL POLICY CERTIFICATION Jurisdiction Name: Brazos County Interjurisdidional Emergency Management Check one of the two blocks below El This jurisdiction has no qualifying travel regulations and EMPG participants requesting reimbursement for travel expenditures will do so in accordance with State of Texas travel regulations and rates. The State Travel Allowance Guide and the State of Texas Mileage Guide are available on the Comptroller of Public Accounts web site: www.cpa.state.tx.us. OR ® This jurisdiction has its own qualifying travel policy, a copy of which is attached. EMPG participants requesting reimbursement for travel expenditures will do so in accordance with that policy. Name of Grant Financial Officer Judge RaDdy Sims Printed or Typed) Signature of Grant Financial Officer Date Signed O3 DEMb9 Rev 7103 VOL PAGE 194 POLICY AND PROCEDURES FOR COUNTY TRAVEL AND REIMBURSEMENT BRAZOS COUNTY, TEXAS THE PURPOSE OF THIS POLICY AND RELATED PROCEDURES IS TO ESTABLISH AND STANDARDIZE AUTHORITY FOR USE OF COUNTY RESOURCES TO PAY FOR TRAVEL RELATED EXPENSES FOR BRAZOS COUNTY EMPLOYEES. THE FOLLOWING POLICY ADOPTED BY THE BRAZOS COUNTY COMMISSIONERS COURT ON THIS THE 8TR DAY OF JUNE, 1995 TAKES THE PLACE OF ANY PREVIOUS COUNTY TRAVEL POLICY ADOPTED BY ANY PREVIOUS COMMISSIONERS COURT. THE EFFECTIVE DATE OF THIS POLICY IS THE DAY OF JUNE, 1995. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONERS' COURT ON FEBRUARY 17,1998. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON AUGUST 1s4 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 5th, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON FEBRUARY 11th, 2003. This policy and related procedures replaces all previous policies and procedures. It explains Brazos County's policy relevant to the authorization of travel and the rei iliumemant of expenses incurred incidental to travel. Section 152.011 of the Texas Local Government Code gives the Commissioners' Court the authority to set travel expense and other allowances for all County officials and employees. This policy is to be viewed as an "accountable plan", and therefore satisfies the reporting and documentation conditions established by the Internal Revenue Code of 1986 as Amended (i.e. §162 and §274 and Treasury Regulations 1.62.1 to 1.62.6). VOL 48 PAGE r BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES A. GENERAL DEFINITIONS 1. Accountable Plan • a plan under which an employee is reimbursed for expenses or receives an allowance to cover expenses. Ile following far conditions must be satisfied. a. There must be a County business purpose for the expenses, b. The employee must clearly state and property support that there was a business purpose for the expense, c. The employee must. substantiate that the txpense was incurred by providing documentation or be deemed to have documented the reimbursed expenses; and, d. The employee is required to return (Le, with advauces) to the County any amounts received in excess of documented expenses. 2. Actual Expenses - the actual cost of any allowable travel expenses supported by proper receipts and/or statements. 3. Auditor- the County Auditor and/or his designated staff 4. Authorization - are ogn ized approval level that requests the County Treasurer to encumber fiords for approved travel purposes. An approval level is the Signature of the elected official, department head or employee authorized to approve claims for the depaitr. . This =batty is established by filmg Brazos Canty Form-349 with the County Auditor's office. 5. Official County Business - a business faction in which Canty employee(s). are participating, and which is recognized by the Commissioners, Court as being official business of Brazos County . 6. Duty Point - the primary place of employment, ic. courthouse, road and bridge, tax office, etc. .7. Traveling County Employee - an elected Official, a department head, or a person employed in the direct service of an elected official or department bead who is traveling on official County business. S. In-County Travel - travel that takes place within the conflUes of the legal boundaries of Brazos County, and where the primary out destination of the travel is within these same boundaries. 9. Out-of-county Travel - any travel that has a primary end destination outside the established legal boundaries of Brazos County. 10. Out-of-state Travel - any travel that is undertaken which has a primary end destination outside the established legal boundaries of the State of Texas. TmvertermbucscmcnU~med_2-03.doc 2 4/302003 VOL 1+9 PAGE 18(0 BRAZOS COUNTY, TEXAS TRAVEL. POLICY AND PROCEDURES _ 11. Educational Travel - art-of-County travel that is undertaken by County employees for approved education seminars , conferences and meetings. 12. Law Enforcement Travel - travel expenses incurred by County law enforcement personnel for the explicit purpose of transporting prisoners and/or probationers, collection of evidence, and other travel directly attributable to official county business. 13. Travel Expenses - transportation (airline fares, personal auto, public Uansportation, parking, and taxi), meals, lodging, and incidental expenses associated with traveling on official County business. 14. Travel Expense Forms - all forms so designated by the Auditor's office to be used to report actual and estimated travel expenses for official county business. These forms are to be submitted to the Auditor's office for reimbursement and/or documentation for advances with regu* to travel expenses. 15. Direct Billing - a pre-arranged billing, established for a County employee witb a lodging facility at which they plan to stay when away faun dim place of employment evemight on County bisiness. Direct Billing is arranged by the Auditor's office with the intent being the reduction of the empkryee's financial responsibility for costs associated with travel on County business. 16. Incidental Expense - a necessary and reasonable expense incurred by a County employee while traveling on official County business. This does not iwhrde transportation, meals, lodgurg, tips, gratuities, alcoholic beverages, laundry or m-room video rental. 17. Mileage - the distance from a duty point to a destination. As noted in the following proeedute, the County will follow the State Mileage guide in Appendix A when applicable. 18. Mileage Rate - the rate of rem established by the Commissioners' Coot in December of each calendar year for use of a personal automobile whrle on county business. 19. Meal Expense - limited to $30.00 a day for meals, if an employee is away from their duty station overnigbt. 20. Host Hotel- "preferred room rates' negotiated by a sponsor for participants of a conference, seminar or continuing education training, at or near the program site. TmveL-teimburs-,W_Revised~-03Aoc 3 4(30/2003 VOL 4? FAG€1,9r7 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES - - B. GENERAL POLICY STATEMENT All reasonable and necessary travel by County employees for which a departmental budget has been established, and for which the department has fiords remaining in the budget, and to which the travel is required in order for the employee to conduct County business is authorized. County officials and department heads are expected to plan out=of-County travel for themselves and their employees to achieve maxmnnn mooomy and efficiency. All County reimbursed travel must be for official County business only. It is the responsibility of the County official and/or department head to see tldt all Out-ofCou ly travel expense forms are properly' completed, dmimented, signed and forwarded to the County Auditor's office within fourteen (14) calendar days of Ere travel =turn date. In-County mileage reimbusemmfs may be submitted on a monthly basis. C. IN-COUNTY TRAVEL in the process of conducting County business, employees may be required to travel to locations within the Canty, but away from their normal duty station. If the employee tricorn expenses incidental to such travel, the employee is required to obtain authorization from the department. head for such expenses. If the anticipated expenditure will be in excess of $25.00, the department head may request a travel advance (Form 203-BC) grid seem the Commissioners' Court approval before any expense is incurred. FDrployees are expected to report the shortest distance between destinations for all travel The County will not reimburse for personal mileage or for travel between an employee's residence and their duty point. The County will not remlbuse for meals unless employee is away from their duty station overnight. The employee traveling on official County business within the County should first detemmine from the department head if a County vehicle. is available to conduct such business. All such authorized expenses will be reimbursed within ten (10) days of the receipt by the County Auditor's office of completed reimbursement request forms. Procedure: For In-County travel, Form 201-BC (Local Transportation Reimbursement ]Form) should be used This form is to be turned in by the employee to the department head at least once a month for previous travel. Department heads should then prepare a request for reimbursement and forward the completed request and attached documentation to the Canty Auditor's office. Mileage will be reimbursed based on the actual mileage traveled at the prevailing rate established by the Commissioners' Court. The Canty will not reimburse employees for meals or lodging expense incurred In-Canty, D. OUT-OF-COUNTY TRAVEL Out-of-County travel by County employees is permissible provided that it is authorized in advance by the department head and does not exceed departmental budgetary allowance for such travel. It is the Trove(_Jreimbursemeat~teviud~-n3.doc 4 4/30/2003 VOL 0 PAGE -189 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES - - department head's responsibility to ensure that each request has adequate documentation attached to . ' support the stated time, place, and business purpose of the travel expense (see `Accountable Plan' requirements, Page I). D. OUT-OF-COUNTY TRAVEL (con'!) The County will reunbucse for County employee meals only while the employee is out of the County on County business and away from their duty "ton ovemigbt If the travel expense is anticipated to exceed $25.00 a travel advance (Form 203-13C) may be requested and Commissioners' Court approval secured before any expense is incurred. Procedure: All Out-of-County reimbursement requests are to be made on Form 202-BC (Out-Of= County Travel Reimbursement Request). Requests for meal reimbursement are to be as follows: 'I. Meals will be reimbursed at the amounts listed, taxes inchxled: Breakfast $ 7.00 Lunch $ 8.00 Dinner $ 15.00 2. No receipts will be required. 3. The County will not reimburse an employee for more than $30.00 per day for meals. Meal reimbursement to an employee who is not away from their duty. station ovemigbi will be considered a benefit and the amount will be reflected on the employee's W-2 form at the end of the year. Meal reimbursement will not be provided to an employee who is Iess than seventy five (75) miles away from their duty station unless the employee is away ovemigbt The County will reimburse County employees for mileage, if the a personal vehicle is used, while the employee is Out-of-County on County business. Mileage reimbursement ($035/mile) will be made based on the city to city mileage figures as stated in the State Mileage Guide, (see Appeud'oc A), at the existing reimbursement rate set by Commissioners' Court. Requests for mileage reimbursements can be made in one of two ways: 1. Where mileage request is simply for a round trip the employee new only eater the dollar value on the Form. This is arrived at by multiplying the established mileage by 2 and then multiplying this product by the reimbursement rate that has been established by Commissioners' Court It is requested that the . Comptroller's WEB site www.windowstate.txus be used to calculate mileage between points (Mileage Guide). Form 201-BC or 202-BC may be used. 2. Where mileage is requested for the use of a personal automobile while on County business and the request is for mileage other than the round trip from duty point to destmafion, then the employee should use Form 201-BC to establish the additional miles and business purpose. These totals should then be transferred to Form 202-BC. Tavel.Reimbusement_Revised_2-03Am 5 302003 1101. 4F PAGE-0 ~6 BRAZOS COUNTY, TEXAS _ TRAVEL POLICY AND PROCEDURES The County will reimburse the traveling County employee for the. actual cost of lodging expenses incurred, not to exceed $85.00 per day, kchrding taxes, while traveling on official County business. The travel needs to be approved by the department head, and the cost must not exceed the remaining departmental budget. Receipts are required for the reimbusement of lodging expensm Please see Section G, this policy, for more information on reimbursement of lodging expenses. F. OUT-0F-SPATE TRAVEL The County will reimburse employees for art-of-state Navel on the same basis as Out-of-Crnnty traveL If the employee elects to use a personal automobile for such travel, the County reimbursement will not exceed the lesser alternative: either the mileage (round trip at the prevailing rate per mile) or the rand trip airfare from Easterwood Airport to the destination (a commercial aidine quote is required): It is noted that when the distance is greater than 350 miles, and when the air fare ticket can be purchased 21 days in advance, it is usually cheaper to fly than drive. Any employee traveling on County business who does.not wish to fly, and whose destination is out of state.may place a request before the Commissioners' Count requesting authorization to drive and to be reimbursed for like actual. travel experim The. request would need to be in writing, placed before the Commissioners' Court 10 days prior to departure, and would need to include the reason for the request and a comparison of the casts. CommismoneW Court has the authority to accept and /or rgcd each request based on merit as presented Procedure: Any a&-of-state travel request must be presented to the department head The department head must then make a formal request for approval of such travel to the Commissioners' Cant, which must consider the request M'open session. All requests for reimbursement are to be made on Form 202-13C. If a Travel Advance is needed, it should be requested at the same time. F. TRAVEL ADVANCES aaployces that anticipate being away from their duty station on County business and Out-of-County for more than three (3) days, or when travel expenses are anticipated to be more than $25.00, may request a travel advance. The employee would be required to fill out Form 203-BC ('Travel Advance Request). The form should be submitted to the department head for approval and forwarded to the County Au ditoes office for processing. All requests for advance must be filed with the Auditor's office ten days prior to the departure date so that proper approval from the Commissioners' Court can be secured. The request should not exceed the estimated expenses. All meal advances will be based on $30.00 per day and a maximum of $85.00 (including taxes) will be advanced for each day of lodging that the employee anticipates. All employees are encouraged to arrange for direct billing and to arrange for quotations for air transportation when required. Procedure: Once the employee has returned to their normal duty Station, the employee has fourteen (14) days to submit documentation to the County Auditor's office on Form 202-BC to account for the use of the travel advance fiords. The employee should attach a copy of Form 203-BC to their request TmwI--- LdmbursemenLRevmed_2-03.do 6 4l30h003 b'©(. 48 PAGE 19D BRAZOS COUNTY, TEXAS TRAVEL POUCY AND PROCEDURES - - to document the advance received. If the employee has received fiords in excess of their need the balance should be remitted to the County Treasurer's office, and a copy of all receipt(s) attached to Form 203-BC. All disbursement of fiords and collection of fiords with regards to travel advances will be handled through the County Treasuicres office. The departrnent head has oversight responsibility for all disbursements related to travel advances. G. LODGING The County will be responsible for a maximum of $85.00 ('including taxes) per day, for lodging expenses incurred bya County employee while traveling on official County business away from of out- of-state traveL All must be cleared by the commissioners' court'pnor io being inccmed. The County prefers to arrange for hotel accommodations to be billed directly to the County proper. Department heads are encouraged to. plan as far in advance as possible, and to arrange for direct billing. The County will only be responsible for the first $85.00 of the room rate. If the room charge is greater than $85.00, the employee should be prepared to be responsible for the difference. The decision to pay the lodging fee for the night before a conference or meeting is at the discretion of the department head. This decision is based on the location of the meeting site and beginning or ceding time of the progrnm. Likewise, the decision to pay the lodging fee for the last day of a conference or meeting is at the discretion of the department head. It is the employee's responsibility to make sure this issue is covered prior to the meeting haling place and.prior to the request being placed before the Commissioners' Court. Host Hotel in many instances a county employee will attend a seminar, conference or continuing education program where the sponsor of the program has negotiated preferred room rates at (or near) the site where the program is to be held. In many instances the preferred room rate is referred to as the "host hotel" In some instances the program sponsor has secured Such preferred rates at several locations. The coamty would prefer that county employees attending such programs stay at the "host hoteL" And, therefore, if the room rate is greater than the $85.00 allowable by this policy, the county will still reimburse the employee for the full amount of the room and tax The employee is required to provide adequate documentation that the program negotiated a preferred rate with the "host hotel" An example of adequate documentation would include a seminar brochm or registration information provided by the program sponsor that lists the preferred hotels. Many times the county employee attending a sponsored program does not plan to attend the program in a timely manner and all "reserved program rooms" wr71 have been taken. Alternative sites will not be considered as "host hotels" unless specifically designated as such by the program Sponsor- Out-Of-State When a county employee requests out-of-state travel for a sponsored seminar, conference or continuing education program, and there is not a designated "host hoter', it is the employee's Travel~eimb~usemeatltcvise-03.doc 7 4!302003 VOL 49 PAGE / 9 I BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES - responsibility to register in a timely manner to allow the opportunity to stay at the hotel or conference center where the program is being held. When the employee makes a request for out-of-state travel, the request should clearly state the anticipated room cost, and request formal approval for reimbursement. Commissioners' Court will evaluate each iequest separately. G. LODGING (con't) Relatives and Mends Frequently cormty employees while traveling on county business and away from their duty station ovemight will stay with fiends and/or relatives. As a result their application for reimbursement will appear as if they were not away from home overnight. When such an event happens, the employee should attach a notice to their reimbursement request to allow the county auditor's office to confirm the over night stay. Restrictions on County reimbursable lodging expenses. 1. The County WILL reimburse for. Daily Room Charges (Mar®amm of $85.00 for single occupancy, including taxes) Properly Documented Business Telephone Calls Facility Parking Charges Taxi Fares (no documentation required) Alternate means of travel (Le. bus, train, etc.) 2. The County will NOT reimburse for Snacks Charged To The Room Room Service (No gratuity, no room service charge) Personal Expenses (i.e.:. Valet, Dry Cleaning, Laundry, eta) Tips and/or Gratuity Alcoholic Beverage Charges Video Rental (Le.: In-Room Movies, etc) Personal Phone Calls Hotel Club Charges Recreational Facility Charges Ftriployees who incur lodging charges &fined as unacceptable for reimbursement are responsible for these payments. These charges are to be accounted for and payment rendered to the facr7ily by the employee at check out. If any of these charges billed incorrectly directly to the County by a lodging facility, the employee will be responsible for remitting reimbursement to the County Tn&simer. Procedure: The employee will be required to obtain an original lodging statement from the establishment where the employee stayed. This statement should be attached to the Out-Of-County Travel Reimbursement Request (Form 202-13C). No exceptions will be allowed H AIR FARE and CAR RENTALS TmveLReimbursement-teviseU~03.doe 8 4/302003 VOL LIE PAGE/a- BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES All County employees are required to travel by the least expensive mode of teaveL the employee should evaluate whether travel by airplane to the destination point is cheaper than traveling by ogler means The County will only reimburse for the least expensive mode of travel, unless the employee's supervisor can show good cause for using another mode. When the final destination is over 350 miles then air travel should be considered. TmyeL- teimbwxmcm_Revised-2-03.do 9 413012003 VOL 48 PAGE 153 BRAZOS COUNTY, TEXAS TRAVELPOLICYAND PROCEDURES EL AIR FARE and CAR RENTALS (con't) Car Rentals should only be utilized when required for the employee to fully carry out then official business. Taxi cabs, buses, and hotel shuttle services are usually less expensive than car rentals. The County will not reimburse for expenses inc urrW for personal reasons. The County would prefer that the employee not enter into a rental arrangement unless it is necessary and required for the completion of the business purpose. The County will not reimburse for first class travel. The County will only reimburse for necessary car rental at the sedan rate (no luxury cars). 1. CONFERENCES, SEMINARS and CONTINUING EDUCATION The County prefers to pay in advance for conferences, seminars and registrations for continuing education.. By so doing, the financial responsibility placed on the employee is reduced and proper and timely assistance can be given to the employee with regards to reservations, travel advances, and COmpletiOD. of reimbursement forms. The County requires that requests for registration fees be accompanied by a conf ence program, seminar program; or continuing education program that indicates the cost, location and payee's' address. The County =Ryes that the employee's supervisor approve the request. The sapwasor must indicate that the employee's attendance will enhance the employee's ability to perform in their assigned job luWtion. Each elected official or department head is required to budget for registration at conferences, seminar and continuing education annually as needed. If there is no budget allocation for this expeodit ue the Auditor's office will not approve the expenditure until an official budget amendment or budget adjustment has been approved. All elected officials and department heads are requited to budget for State required annual continuing education for all members of their staff where required. When properly budgeted the County will pay for all requind continuing education mandated by State Statutes for elected officials and appointed department heads. When the registration for a conference or seminar includes payment for meals, it is anticipated that the employee will eat the meal provided The County will not pay for an additional meal When the conference or seni= is scheduled out of the county and begins in the morning. The County will reimburse for meals and lodging the night before when the distance to the sight is over 150 miles. When the conference or seminar is out of the County and ends after 400 PM the employee will be reimbursed for the evening meal immediately following the end of the conference or Seminar, if the sight is over 150 miles from the Courthouse. Meals will not be reimbursed to an employee who is less than seventy five (75) miles away from their duty station unless the employee is away overnight. Travel-,Rmn'burs t_Jrevmed_2.03.do 10 413MD03 VOL 48 PAGE BRAZOS COUNTY, TEXAS TRAVEL. POLICY AND PROCEDURES - J. LAW ENFORCEMENT TRAVEL The department head prior to the occurrence of any expense must approve all law enforcement travel expenses, whether it is prepaid by the County or reimbursed after the fact. If planning can take place before there is a need for such travel, or if travel is a result of a defined "emergency" the department should try to secure permission from the Commissioners' Court for the use of credit cards in such cases. If credit cards are used then the County Credit Card Policy is to be followed It is recognized that the need for law enforcement travel may occur on an emergency basis. The County Attorney, Sheriff or the Director of Juvenile Probation is authorized to approve such travel and related expenses in the event of an emergency. The County Attorney, Sheriff or the Director of Juvenile Probation is required to notify the County Judge and the Auditor within 48 hours of the designation of an emergency. If there are no budget fiords available, the County Judge's approval will be required before the expenditure can be incurred. K MISCELLANEOUS The employee needs to be aware that a credit card receipt is not documentation for an esptnditure. All requests for reimbursements and/or requests for the County to pay for a travel related expenditure must be supported by documentation. It is the employee's resporlsfbrTity to sense the documentation at the time of expenditue. In the event that no documentation is secured a certification as to the expenditure is not sufficient to support reimbursement. Some form of contemporaneous record must be received from the vendor. When an employee elects to have their spouse and/or family travel with them, this must be acucately documented and separation of costs will be required. Lodging expenses must be doamrented by the hotel/motel as to wbat a single occupancy rate would have been. This should be done on the face of the receipt. ALL ELECTED OFFICIALS AND. DEPARTMENT HEADS ARE TO INSURE THAT ALL EMPLOYEES HAVE READ TBLS POLICY AND COMPLY WITH IT. FAILURE TO FOLLOW THE POLICY WILL RESULT IN A DELAY IN THE REIMBURSEMENT PROCESS, AND COULD POSSIBLY CAUSE LEGITIMATE REIMBURSEMENTS TO BE DENIED. IF IN DOUBT PROVIDE AN EXPLANATION OR OTHER DOCUMENTATION. THE COUNTY DOES NOT INTEND FOR EMPLOYEES TO FINANCE COUNTY OPERATIONS. Travel_Reimburs cn_Rcv&d_2-03.doc 11 4/30/2003 95 VOL Yff PAGE-/ BRAZOS COUNTY, IF" _ TRAVEL, POLICY AND PROCEDURES A. APPENDIX A NOTE: The following list of mileage figures is intended for quick reference. The cities listed are destinations that appear most often for reitnbursenimt. The mileage as noted is one way only. To get round trip distances the stated mileage should be doubled. Following this schedde is a complete listing of mileage from the State approved mileage guide. In the event you can not find your specific destination, please contact the County Auditor's office for assistance. DESTINATION MILEAGE AUSTIN 99.5 ARLINGTON 173.0 BRENHAM 43.0 CORPUS CHRISTI 237.0 DALLAS 165.0 EL PASO 660.0 FORT WORTH 166.0 GALVESTON 147.0 HOUSTON 96.2 HUNT'SVILLE 54.0 KERRVILLE 200.0 SAN ANTONIO 165.0 TEMPLE 72.0 WACO 84.7 WEATHERFORD 180.8 Tmvel--Reimbur mt-)teviseU-03.do 12 4/30?A03 VOL ~L8 WAGE 190 VOL 4? PAGE t 97 INTERLOCAL AGREEMENT EMERGENCY MEDICAL AMBULANCE SERVICE THIS RITERLOCAL AGREEMENT is hereby made and entered into this d day of 2003, by and between the CITY OF COLLEGE STATION, TE , a home rule municipal corporation ("College Station') and BRAZOS COUNTY, TEXAS ("County"), each acting by and through its duly authorized agents; WHEREAS, the respective participating governments (the "Parties' are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, College Station and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, College Station currently provides Emergency Medical Ambulance Services to the County according to the geographic areas defined as "Automatic Mutual Aid Response Districts" in the Automatic Mutual Aid Agreement between College Station and the City of Bryan Fire Departments; and NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. College Station shall provide Emergency Medical Ambulance Services to any person who requests it within the predetermined Automatic Aid Response District for which College Station is assigned responsibility in the Automatic Mutual Aid Agreement between College Station and Bryan. (See Exhibit "A", an attached map of the Automatic Mutual Aid Response Districts.) 2. All requests for services under this Agreement shall b.® through the 9-1-1 Emergency Communications District, which dispatches police and fire units for College Station and County. 3. College Station reserves the right to refuse to answer any call pursuant to this Agreement if the Fire Chief or his or her designee reasonably determines that the health, safety, or welfare of College Station citizens would be endangered by dispatching personnel or equipment outside of its corporate limits. 4. College Station will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health & Safety Code and the 01-3004 INTERLOCAL AGREEMENT- CS 728.03.dx VOL 0 PAGE / 98 regulations promulgated by the Texas Department of Health and adhere to the standards set forth therein. PAYMENTS 5. County shall pay College Station the following amounts for such Emergency Medical Ambulance Services on a quarterly basis according to the following schedule: FY 2003-2004 Payment Due Date Quarter for Which Payment is Made Amount October 1, 2003 October - December, 2003 $37,500.00 January, 2, 2004 January - March, 2004 $37,500.00 April 1, 2004 April - June, 2004 $37,500.00 July 1, 2004 July - September, 2004 $37,500.00 TOTAL: $150,000.00 6. The County must make all payments to College Station for these services from current revenues. 7. College Station will bill the patients for Emergency Medical Ambulance Services for the services rendered in the County. The amounts billed or collected do not alter the amounts set forth in this Agreement. TERM AND TERMINATION. 8. This Agreement term shall be from October 1, 2003, and terminate at midnight on September 30, 2004. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days' written notice of such termination. Further, should the Agreement be terminated the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. 9. This Agreement may be renewed for two (2) one-yearrterms (the "Renewal Terms'] on the anniversary date hereof. Such Renewal Terms shall be on the identical terms and conditions set forth herein, except the annual payment amount provided in Paragraph 5 of this Agreement may change. NOTICES 10. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U. S. mail to the following parties: 01-30041N1ERLOCAL AGREEMENT- CS 7.28.01dm VOL 49 PAGE College Station: City of College Station P.O. Box 9960 College Station, TX 77842 Attn: David Giordano, Fire Chief County: Brazos County 300 E. 26~h Street, Suite 114 Bryan, Texas 77803 Attn: Randy Sims, County Judge DEFENSE OF CLAIMS 11. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of emergency ambulance services is a governmental function, and that the parties will participate jointly in the defense of any such claim. MISCELLANEOUS PROVISIONS 12. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 13. This Agreement is the entire agreement between the College Station and the County relating to the provision of Emergency Medical Ambulance Services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 14. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. ,r 15. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 16. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 17. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. 2003 EMS Ageement.doc VOL 49 PAGE a00 No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 18. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. NOW THEREFORE, this Agreement is made and entered into this rd-day of :5cprL h)')edc 2003, by and between College Station and Brazos County. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. City of College Station Brazos unty Ron Si Mayor Pwdy S' s, County Judge ATTEST: ATTEST: 6n,luz k" / ~ A - Connie Hooks, City Secretary wren McQueen, County Clerk APPROVED AS TO FORM: f 64l City Attorney 013004 INTERLOCAL AGREEMENT- CS 7.28.03.doc E~~L 4~ PAGE: SDI EDIT "A" College Station Fire Department Primary Response Area 3 c i Brazos County Bryan College Station ® Primary Response Area vOL 48 PAGE 16 D- - 2003-2004 EXEMPTIONS Company Service Akin, Gump, Strauss Hauer & Feld, LLP Professional Services-Legal AM/PM Clinics Professional Services-Medical - Beaver Consulting Professional Services-Engineering.. 262.024(a)(4)__-_ Ben E. Keith Food 262024(a)(8) Brooks Land Survey Co.- Professional Services-Surveying 262.024(a)(4) Bmchez, Goss, Thornton, Memof, Michel 8 Hawthorne Professional Services-Legal _ 262024(a)(4) Bryan Texas Utilities Utilities Services - Elecblcit 6 Gas & Water 262024(a)(7)(C) Buchanan Solt Mechanics Professional Services-Engineering 262.024(a)(4) Butterkrust Bakery Food 262024(a)(8) CME Testing & Engineering Professional Services-Engineering 262024(a)(4) Cain's Coffee Company Food - 262.024(x)(8) Cadomagno Surveying, Inc. Professional services-Consulting & Survey 262.024(a)(4) Camrth Doggett Captive Replacement Parts 262.024(a)(7)(D) City of Bryan Emergency Calls 262.024(a)(2) City of College Station Emergency Calls 262024(a)(2) Conley Lott Nichols Captive Replacement Parts 262.024(a)(7)(D) County Indigent Health Care Program Public Health & Safety 262.024(a)(2) Crescent Machinery Captive Replacement Parts 262.024(a)(7)(D) Dr. Raney Cherfan Professional Services.dfedical 262024(a)(4) E.L. Lester Captive Replacement Parts 262.024(a)(7)(D) Family Psychological Service Professional Services-Counseling 262.024(a)(4) Garrett Engineering Professional Services-Ergineedag & Survey 262024(a)(4) Glazier Foods Food. 262.024(a)(8) Goodwio-Lasiter, Inc. Professional Services-Surveying 262.024(a)(4) HFWay Equipment Co.-- Captive Replacement Parts 262-024(a) (7)(E)) Hogan Trucks Unlimited Captive Replacement Parts 262.024(a)(7)(D) Horatio Chriesman Co. Professional Services-Surveying 20ZO24(a)(4) Hou-Tra International Captive Replacement Parts 262024(a)(7)(D) Identix Corporation Captive Replacement Parts 261.024(a)(7)(D) Idexx Laboratories Captive Replacement Parts 262.024(a)(7)(D) lkon/fexas Copy Captive Replacement Parts 262.024(a)(7)(D) J.P. Bowfin Soler Source/ProRessionl Services 262.024(a)(7)(A) John Hamilton Professional ServicerAppraissls 262.024(a)(4) Junction Five-0-Five Professional Services-Mowing 262.024(x)(4) Juvenile Placement Sam. Professional Services-Placement 282.024(4)(4) ICW. Brown & Assocfates Professional Services-Engineering 262.024(4)(4) Kennedy-Hohkamp, Inc. Professional Services-Appralsals 262.024(a)(4) VOL 4$ PAGE ao3 r 2003-2004 EXEMPTIONS Company Service Law Authority Labatt Food Food 262.024(a)(8) Life Sign UP Patent - AccuSlgn Drug Screening 262024(a)(7)(A) Lilly Dairy Food 262.024(a)(8) Lone Star Grocery Food 202024(a)(8) Professional Services-Cableing 8 Data Managed Network Systems Communications 262.024(a)(4)_ Municipal Development Group Professional Services-Engineering 262.024(a)(4) Mustang Tractor Captive Replacement Parts 262_024(a)(7)(D) Normangee Tractor Captive Replacement Parts 262.024(a)(7)(D) Performance Food Group Food 262.024(a)(8) Prater Equipment Co. Captive Replacement Parts 262.024(a)(7)(D) Public Financial Management Professional Services-Financial 262.024(x)(4) R. B. Everett Captive Replacement Parts 262.024(a)(7)(D) Raybon Metcalf Engineering Professional Services-Engineering 262.024(a)(4) Riley Engineering Professional Services-Engineering 8 Surveying 26L024(a)(4)_ Rimstar international Patent -AccuSign Drug Screening 262.024(a)(7)(D) Romeo Equipment Co. Captive Replacement Parts 262024(a)(7)(0) Rush Equipment Captive Replacement Parts 262.024(a)(7)(D) S. T. Lovett 6 Associates Professional Services-Appraisals 262.024(a)(4) Scar mardo Produce - ~ Food 262.024(a)(8) Scottd White Clinks Professional Services-McWcal 262.024(a)(4) Smith, Portia Professional Services-Counseling 262024(a)(4) Standard Coffee Food 262.024(a)(8) Strong Survey Professional ServicesSurveying 20L024(a)(4) Sysco Food Services Food 202.024(a)(8) TXU Gas)ONCOR (Lone Star Gas) Utilities 262.024(a)(7)(C) Texas Commercial Waste Public Health 6 Safety-Waste Removal 262.024(1?)(2) Texas Voting Systems Captive Replacement Parts-Election Services 262024(a)(7)(D) Thomas, Tracy Professional Services-Counseling 262024(a)(4) Tiburon, Inc. Public Safety- 911 Software 262.024(a)(1) U. S. Food Service, Inc. Food 262024(a)(8) Verfzon Utility Services 262.024(a)(7)(C) _ Washington Co. Tractor Captive Replacement Parts 262.024(a)(7)(D) Waste Systems Equipment, Inc. Professional Services-Sole Source 262.024(a)(7) Waukesha Pearce Captive Replacement Parts-Dresser Equipment 262.024(a)(7)(D) VOL 43 PAGE x04