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HomeMy WebLinkAbout1997-12-09-0900AM-Regular01 BRAZOS COUNTY BRYAN. TEXAS AGENDA BRAZOS COUNTY COMMISSIONERS COURT //•97 97 - +, PM 3:5 6 1lll , THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, DECEMBER 9,1997 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation - Commissioner Cauley. 2. Pledge of Allegiance - Commissioner Cauley. 3. Citizens input and/or concerns. At this time, the Judge will open the floor to citizens wishing to address the Court on county- related issues not scheduled on the agenda. Please limit subject matter to five minutes. The Commissioners will receive the information, conduct research into the matter, and/or place the matter on a future agenda for discussion. (A record is made of the meeting; therefore, please give your name and address for the record.) 4. Presentation by a representative of the Brazos Valley Arts Council. Consider and take action on agenda items 5 - 23: 5. Budget Amendment 97/98 -7. 6. Personnel Action Forms. 7. Payment of Claims. 8. Approval of Proclamation regarding "Dr. Zerle L. Carpenter Day." 9. Order adopting the Annually Determined Contribution Rate Plan and making plan selections thereunder. 10. Contract between Brazos County and the Brazos Materrial & Child Health Clinic. 11. Research Agreement between the Texas Engineering Experiment Station and Brazos. County. 12. Establishment of a Change Fund for the Juvenile Justice Center. 13. Tax Abatement Agreement with Norton Chemical Process Products Corporation. 14. Participation in the City of College Station's Tax Increment Finance Reinvestment Zone #7. VOL /-,t _ paoE, AAZ. r Commissioners Court Meeting Agenda December 9, 1997 Page Two 15. Changing the name of the Insurance Committee and reappoinirrtent of a committee member. 16. Two contracts with Union Pacific Railroad Company for the construction of a public road crossing at Rock Prairie Road. Site is located in Precinct 1. 17. Request by County Court at Law No. 2 for access to the Internet. 18. Cancellation of December 30, 1997 Commissioners Court meeting. 19. Requisition from Capital Projects Fund foK replacement computer and monitor for Purchasing Department. 20. Award the following Road & Bridge bids and approval of requisitions for these materials let on competitive bidding: a. Bid No. 98 -014, Annual Contract for Cold Mix Limestone b. Bid No. 98 -017, Annual Contract for Motor Grader Blades. 21. Approval to advertise for the following Road & Bridge bids: a. Annual Contract for Hydrated Lime b. Annual Contract for Concrete c. Annual Contract for Materials Hauling d. Annual Contract for Portland Cement ( 22/ Permission for Road & Bridge to enter Charles G. Mancuso's property located off �/ Mancuso Road for the purpose of constructing a waterway to drain water from Mancuso Road. Site is located in Precinct 2. 23 Permission for Road & Bridge to enter Donald R. Gordon, Sr.'s property located off F; Mancuso Road for the purpose of filling existing ditch along north side of Mancuso Road 4 and constructing a waterway across parking lot into pasture to drain water from Mancuso Road. Site is located in Precinct 2. 24. Call for citizen input and/or concerns. 25. Announcement of interest items and possible future agenda topics. 26. Adjourn. The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements, call (409) 361 -4102. VOLL�.PAQL • 01 COMMISSIONERS' COURT REGULAR MEETING DECEMBER 9, 1997 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, December 9, 1997, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Wm. S. Thornton, Commissioner of Precinct 2; Randy Sims, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Mary Ann Ward, County Clerk. Attached is a list of the citizens and officials in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. There was no citizen input and /or concerns. The Court next heard a presentation by Julie Angelo, a representative of the Brazos Valley Arts Council. Ms. Angelo advised the Court that a board member of the Arts Council had been assigned to each member of the Court. The Court next considered Budget Amendment #97/98 -7.1 through 7.2, which would reallocate funds budgeted for the Road & Bridge Department, increase funds for the Risk Management Department. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of the following employees. 6-1KIu N Reyes, Roy Franklin, Bennie Pedersen, Patricia Curry, Nathan Meek, Steve Chahal, Mandeep R Limon, Joel B k G DEPARTMENT Brazos Center Brazos Center Computer Network Ser Co Attorney Grant District Attorney District Attorney Road & Bridge S/ J '1 REASON Sal Adjustment Sal Adjustment Promotion Trans w/n dept Resignation New Emp P/T Resignation an s, regory O C& Promotion Jennings, Stevie Juvenile Services New Emp P/T i Commissioners Court meeting December 9, 1997 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 98- 001455 through 98- 001612 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud a Proclamation designating December 11, 1997 as "Dr. Zerle L. Carpenter Day ". The Court calls upon the citizens of Brazos County to join in recognizing the accomplishments of Dr. Zerle L. Carpenter who has worked tirelessly to create great abundance, wealth and strength for our Nation, State and County. On motion by the County Judge, seconded by Commissioner Sims, the Court moved to proclaim December 11, 1997 as "Dr. Zerle L. Carpenter Day" throughout Brazos County. The Court next considered an Order adopting the Annually Determined Contribution Rate Plan and making plan selections tto the County Retirement Plan. Commissioner Jones recommended adopting plan #5, which would reduce the County match to 2.25 %, reduce the vestment time from ten (10) years to eight (8) years and adopting the Rule of 75. On motion by Commissioner Jones, seconded by Commissioner Sims, the Court voted unanimously to adopt the Order for the Annually Determined Contribution Rate Plan for the County's Retirement Plan. A copy of the Order is attached hereto. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos Maternal & Child Health Clinic. The Clinic will provide services through trained, salaried staff to pregnant women who qualify for such services. The cost to Brazos County will be $60,000.00 annually. The term of the contract will be for :1 twelve months beginning October 1, 1997 through September 30, V 0 L PWAG E.- J&Q. I� i • C] • Commissioners Court meeting December 9, 1997 1998. On motion by Commissioner Sims, seconded by Commis- sioner Cauley, the Court voted unanimously to enter into contractual agreement with the Brazos Maternal & Child Health Clinic. A copy of the contractual agreement is attached hereto. The next matter for consideration was approval of a Research Agreement between the Texas Engineering Experiment Station and Brazos County. The TEES will perform a research program entitled "Verification of Retrofit Energy Saving for Brazos County ". This proposal is to design, develop and install Energy Monitoring systems in three (3) facilities, the Brazos County Courthouse, the Courthouse Annex and the Brazos Center. Total cost for the project will be $14,993. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to enter into Agreement with the Texas Engineering Experiment Station to design, develop and install Energy Monitoring Systems in three (3) facilities. A copy of the Agreement is attached hereto. The next matter before the Court was approval for the establishment of a change fund for the Juvenile Justice Center. In a memo, the Director of Juvenile Services informed the Court that the department was receiving payments for Court ordered fees assessed to Juvenile offenders. This requires them to be able to make change for the clients. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the establishment of a change fund for the Juvenile Justice Center in the amount of $100.00. The Court next considered a Tax Abatement Agreement between Brazos County and Norton Chemical Process Products Corporation. The tax exemption shall exempt the value of the land, buildings and the other permanent improvements. Under the conditions of the tax abatement, the following rates shall be in effect for the following years: Year 1998 % of Abatement 70% Commissioners Court meeting December 9, 1997 1999 70% 2000 60% 2001 50% 2002 40% 2003 30% 2004 20% 2005 10% On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to grant the tax abatement to Norton Chemical Process Products Corporation. This is the same agreement signed by the City of Bryan and it can not be assigned. A copy of the abatement is attached hereto. The next matter for consideration by the Court was the approval for participation in the City of College Station Tax Increment Finance Reinvestment Zone V. If approved this would be used to fund construction of a conference center at Dartmouth and Holleman Streets in College Station. Commis- sioner Jones then moved to participate in the College Station Tax Increment Financing Reinvestment Zone #7 (TIF), subject to the City of College Station entering into an agreement with the County, which agreement shall include, but not be limited to, the following conditions precedent to the payment of the County's tax increment or some portion thereof, produced by the property in the TIF to the Tax Increment Fund: 1) The City of College Station shall pledge one hundred percent (100 %) of its hotel /motel tax, generated by the properties located in the TIF, to the Tax Increment Fund. 2) There shall be no change in the purpose or additions to the planned projects for the TIF. 3) The County will not be asked to participate in any additional TIF's in the Wolf Pen Creek and surrounding area. 4) College Station shall enter into an agreement with the Developer of the TIF site which will guarantee a minimum investment of Twenty -one Million and No /100 Dollars ($21,000,000.00) by the Developer. 5) The TIF, or the County's participation in it, shall be terminated upon the payment in full of all tax increment bonds and interest thereon. 1 ,---\ • • C] Commissioners Court meeting December 9, 1997 6) If other TIF's are to be considered outside the Wolf Pen area, they shall be for a 10 year maximum and phased down by a percentage and not be at 100% for ten (10) years. They should be similar to Tax Abatements. Commissioner Sims seconded the motion and it carried unanimously. A copy of the TIF is attached hereto. The Court next considered changing the name of the Insurance Committee and appoint a representative. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to change the name of the Insurance Committee to Insurance and Benefits Committee and appoint a representative from the Sheriff's office. The next matter before the Court was approval of two (2) contracts with Union Pacific Railroad Company for the construction of a public road crossing at Rock Prairie Road in Precinct 1. Commissioner Jones moved to approve the contracts and issue a 7% draw for work completed. Commissioner Sims seconded the motion. After further discussion, Commissioner Jones withdrew his motion and Commissioner Sims withdrew his second. On motion by Commissioner Jones, seconded by Commissioner Sims, the Court voted unanimously to table consideration to allow the Court more time to study the t� r iL matter. The Court next considered the request from County Court! at Law No. II for access to the internet. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from County Court at Law II F and authorized access to the internet for the office. ` On motion by the County Judge, seconded by Commissioner Jones, the Court voted unanimously to cancell the Commissioners Court meeting scheduled for December 30, 1997. The Court next considered approval of a requisition from Capital Expenditures for the following purchase: a) Computer and Monitor for the Purchasing i Department for $1,289.00 Commissioners Court meeting December 9, 1997 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisi- tion to be paid from Capital Expenditures. The Court next considered awarding the following bids: Bid No. 98 -014, Annual Contract for Cold Mix Limestone. Cheryl Turney, Purchasing Agent, recommended acceptance of the bid submitted by Vulcan Materials for THD 330 Loaded only and Loaded and Hauled; and the bid submitted by Young Contractor for THD 350 Loaded only and Loaded & Hauled. On motion by Commissioner Sims, seconded by Commissioner Jones, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract for Cold Mix Limestone as noted and approved the requisition for the material. A copy of the bid tabulation is attached hereto. Bid No. 98 -017, Annual Contract for Motor Grader Blades Cheryl Turney, Purchasing Agent, recommended acceptance of the bid submitted by Vaulk Manufacturing. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract for Motor Grader Blades as noted and approved the requisition for the material. A copy of the bid tabulation is attached hereto. The next matter for consideration was approval for the Purchasing Agent to advertise for bids for the following items: a) Annual Contract for Hydrated Lime b) Annual Contract for Concrete c) Annual Contract for Materials Hauling d) Annual Contract for Portland Cement On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids for the Road and Bridge Department. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the 4 general public. The Road and Bridge Department requested permission to enter the private property of Charles G. Mancuso on Mancuso Road in Precinct 2 to construct a waterway to drain water from Mancuso road. On motion by Commissioner Thornton, i VOL PAGE. 9 1 9 t a • • is Commissioners Court meeting December 9, 1997 seconded by Commissioner Jones, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Donald R. Gordon, Sr. on Mancuso Road in Precinct 2 to fill in an existing ditch along the north side of Mancuso Road and construct a waterway across a parking lot into a pasture to drain water from the road. on motion by Commissioner Thornton, seconded by Commissioner Jones, the Court voted unanimously to authorize the work. There was no citizen input and /or concerns. Commissioner Thornton introduced his daughter who took pictures for the Host Program. The County Judge made the following comments: 1. He received a letter from TNRCC regarding an on site sewage review. An interview will be held December 15, 1997 in the Judge's office. 2. There will be a workshop Thursday, December 11, 1997 to hear a presentation by the Eisenhower Group. 3. There will be a meeting of the Housing Finance Corporation at 10:30 a.m. Commissioner Jones made the following comments: 1. There will be a presentation by the Water Review Board on January 15, 1998 beginning at 7:00 p.m. at the Brazos Center. 2. The Wild Animal Ordinance will be on the agenda of the Commissioners Court meeting dated December 16, 1997. There being no further business to come before the Court, the meeting was adjourned. The foregoing minutes of the Commissioners Court meeting held December 9, 1997 have been examined and are approved in open Court this the f0 r( day of 19 9. , in Bryan, Brazos County, Texas. cw—. - '-- �- - Alv W. one County Judge S. Thornton Commissioner, Precinct 2 - /?A a , a'-.&'� /'. rey C ley, Jr. Commiss'oner, Preci 4 VOL A Ton Jo Commissioner, Precinct 1 Rand y S' s Commi Toner, Precinct 3 Mary AnIf Ward County Clerk i I BRAZOS COUNTY COMMISSIONERS' MEETING ON i _ JC LA r r 1••.�P 1 uc � - � ,� y d • *I. 0 • i AT A. M. VqL JpAfa ' � 7 G o ss • i AT A. M. VqL JpAfa BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1997 -1998 BUDGET YEAR . NO. 97/98 -7.1 through 7.2 On this the 9th day of December 1997 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; Wm. S. Thornton, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Mary Ann Ward, County Clerk. The following proceedings were held: THAT WHEREAS, on December 9, 1997 the Court heard and approved a budget amendment for the 1997 -1998 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 September 23, 1997 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 9th day of December 1997. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Alvin W. Jones, County Judge - ; Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Budget Amendment File • ul • BRAZOS COUNTY, BUDGET AMENDMENTS Major Projects Road and Bridge -- VOL v 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS_ _ — - — - - - -- - - - - -- - - - - -- - No. 97/98 -7.2 — - - - -- - - - - - 12/9/97 -- - FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 01 125001 516100 Dr Hourly - Staff 16,129.00 01 125001 533000 Dr Employee Health Insurance 3,200.00 01 125001 516300 Cr Hourly - Part time 17,429.00 01 110015 611300 Cr Contingency 1,900.00 Risk Management - To combine the two part time positions into one full time position. The full time position will require health insurance coverage. Prepared.By: = itdc Approved By: Dates . 12/3/97 Date: .t *I 401 01 12/03/97 15:01 '0512 328 8708 TCDRS ® 002 � r r Form ADCR -3A (County) Revised 1997 USE THIS FORM TO ADOPT THE ADCR PLAN FOR THE FIRST TIME PART ONE. FORM OF MINUTES FOR ADOPTION OF ORDER THE STATE OF TEXAS COUNTY OF BRAZOS On this the 9th day of December , 19_L7, the Commissioners Court of Brazos County, Texas (`the County") was convened in Regular session with the following members present: - - N-1 L� - County Judge Alvin on one 7 ort4 Precinct *1 Commissioner. Precinct #2 Wil m S. or n Commissioner, Precinct 03 R ,pndy S s Commissioner, Precinct #4 Care Ca I ley, Jr. 104" 01 County Cleric. Mary Ann and Commissioner ]Uf aft. Tony Jones moved that the order (Which is Exhibit One of these minutes), Including all options checked and inIdaled In Section V/, be adopted by the County. The motion was �CCommmmis sioner seconded by AltOtifi . Randy Sims _ and was adopted with the following members voted AYE: Alvin W. Jones Toney Jones William S. Thornton Randy Sims and Carey Cauley, Jr. and the following members voting NO: None and VOL__LA,-1PAGE .11.Y1 12/03/97 15:02 0512 328 8708 TCDRS PART TWO. FORM OF ORDER TO BE ADOPTED AND INCLUDED IN MINUTES i � 4 I 1 IZO03 ; i EXHIBIT ONE. COMMISSIONERS COURT ORDER ADOPTING THE ANNUALLY DETERMINED CONTRIBUTION RATE PLAN AND MAKING PLAN SELECTIONS THEREUNDER WHEREAS, THE COUNTY is a participating subdivision In the Texas County and District Retirement System (hereafter'Systeme) under Subtitle F. Title 8. Government Code (hereafter'TCDRS Act') and this Court has determined that it is in the public Interest that the County adopt the Annually Determined Contribution Rate Plan as the basis of its future participation in the System. It is ORDERED: I. ADOPTION OF ADCR PLAN. Effective January 1. 1998, the County adopts the Annually Determined Contribution Rate Plan authorized under and described In Subchapter H. Chapter a" of the TCORS Ad, and, makes the plan selections set forth below as authorized by said Act. 11. EMPLOYEE DEPGSIT RATE. For each payroll period from and after January 1. 1998, member deposits of each eligible County employee shall be made to the System at the rate of 7 °%' of compensation: and such deposits shall be withheld by the payroll officer and transmitted to the System for deposit to the individual employee account. 111. CURRENT SERVICE CREDIT PERCENTAGE For service performed for the county on and after January 1. 1998, each member shall receive muNpb matching credit, which when added to the rate used to determine the currant seivke credit allowable under Section 843.403 of the TCDRS AcJ, will total 225 962 of the member's deposits. Current service credit for periods ending prior to January 1. 1998, shall be at the greater of the rate currently In effect December 31. 1997, or the rate to take effect January 1, 1998. IV. PRIOR SERVICE CREDIT PERCENTAGE Allocated (special) prior service credits granted to any member by the County and in effect December 31, 1997, shall be recomputed at 120 %3 of the maximum (special) prior service credit of each member affected. ' Four, five. six or tcvcn pliant '2TM percentage may be 1W°/., 125°/., 150% 1750/6, 200%, 225% or 250% or the paccamp currently in effect. 'Must be a multiple of 5%-. may be the same as, but not Ices than the percentage previously adopted by the County. i 1 , , i r M h a I Y Y ,l 1 , , i r M h a I Y Y • r� 12/03/97 15:02 $512 328 8708 TCDRS ® 003 V. OPTIONAL BENEFIT ELIGIBILITY PLAN 1 (10 year length -of- service requirement for vesting, service /disability retirement and deferred service retirement) Unless Optional Benefit Eligibility Plan Two is hereinafter adopted under Section 844.210' by this Order the County adopts or continues the Optional Benefd Eligibility Plan One desenbed in Section 844.207 of the TCDRS Ad, under which, effective January 1, 1998: (a) Any TCORS member who Is age 60 on or after January 1, 1998, and has ten (10) or more years of service credit with the County and other subdivisions that have adopted the provisions of Section 844 207 of the TCDRS Act, shall have the right to retire and receive a service retirement annuity. (b) Any TCDRS member who is age 60 on or after January 1. 1998. and hasten (10) or more years of credited service with this County and other subdivisions which have adopted the provisions of Section 844.207 of the TCDRS Act, may retire and receive a disability retirement annuity if he or she Is certified as disabled in accordance with Section 844.303(b)(2) of the TCORS Act. (c) Any TCDRS member who on or after January 1, 1998, has twenty (20) or more years of service credit with the County and other subdivisions that have adopted 20 -year deferred service eligibility; or who is age 60 and has ten (10) or more years of credited service with the County and other subdivisions that have adopted 10 -year deferred service eligibility, shall have the right of 'deferred service retirement" under the provisions of Sections 844.203 and 844.207 of the TCDRS Act. (d) Any TCDRS member who on or after January 1, 1998, hasten (10) or more years of service credit with the County and other subdivisions which have adopted 10 -year vesting, shall have the right. despite withdrawal from service prior to age 60, to remain a member and retire at or after age 60, provided that he or she lives to the age of retirement and does not take a refund of accumulated deposits with the System. (e) Unless Optional Benefit Eligibility Plan Three is hereinafter adopted under Section 844.2115, any TCDRS member who on or after January 1, 1998, has accrued sufficient years of service credit with the County and other subdivisions that have adopted the provisions of Section 844207 of the TCDRS Acct, shall have the right to retire and receive a service retirement annuity when the member's years of credited service added to his or her age equals or exceeds the sum of eighty (80). See explanation "8- -year Vesting 8t Retirement Eligibility' on page 4 of attached instructions. 5 See explanation "Rule of 75" on page 4 of attached insWaions. r 6 12/03/97 13:02 $`312 328 8708 TORS ®003 Effective January 1. 1998, in accordance with Section 844.704 of the TCDRS Act, the County adopts the following addltional rights, credits and benefits (please have your CounryJudge check (-I and Initial each option selected or the line Indicating that no options are being selected for 1998): ( X) Vested Survivor Death Benefit under Sec. 844209` (initial hero) ( i Increase In Existing Annuities under See. 8".208 at the rate of Kr (initial hero) ( X) Optional Benefit Eligibility Plan 2 ("ar Vesting/Retlrement Eligibility) under Sec. 844.210 (initial here) 64 ( X) Optional Benefit Eligibility Plan 3 (`Rule of 75" Retirement Eligibility) under Sec. 844.211 (initial hero) ( ) Reinstatement ( "BuyZack ") of Previously Forfeited Service Credit under See. 643.003 (initial here) ( ) Prior Service Credit for Military Service under See. 843.202 (initial here) ( ) Current Service Credit for Military Service under Sec. 843.601 (initial here) ( ) Pre - Membership Credit under See. 843.204 (initial here) ( ) Recalculation of Benefit Credits on Full-Salary Basis under Sea 843.702 (initial here) ( ) We elect none of the above plan options for 1998 (InlUal here) VII. EMPLOYER CONTRIBUTION EMPLOYER CONTRIBUTION RATE The County hereby undertakes to make monthly normal contributions and prior service contributions to the System at the annual rates determined from year to year by the actuary of the System, and approved by the Board of Trustees as provided by Subchapter H of Chapter 844 of the TCDRS Act. Such rates (excluding those for "picked -up" contributions under Section 845.403(1) of the TCDRS Act and those, N any, to the supplemental Death Benefits Fund) shall not exceed the maximum prescribed by Section 844.703(c) of the Act, and shall total 9.94 %11 for the year 1998. a An cxplanatiun of all ADCR plan oplioac un be found on pages 4-7 of the at=hcd instructionx ' The percentage may be 30, 40, 5n, 60.7n or Rn ' Employer contribution rate should equal: a) the ADCR Plan rate shown on Line 8 of Exhibit A. plus the sum of 1) the rate for COLA annuity increase, if authorized (tine 19, Exhibit); plus z) the rate for 8 -year vesting and retirement eligibility at age 60, if authorized (Line 16, Exhibit A); plus 3) the rate for "Rule of 75" early retirement eligibility, if arithorind (Line 17, Exhibit A); plus 4) the rate for reinstatement ("btry- back") of previously forfeited service credit, if authorized (Line 14 of Supplemental ErhibirA); plus s) the rate for " pre - membership" credit. if authorized (Line 14 of Supplemental Exhlb /tA); plus 6) the rate for " full- salary" aajustmeat. if authorized (Line 14 of Supplemental Exhib/tA). or b) any whole per(=mgc rate (e.g.. 4%, S %, 60/6,70/e. 8%, 9 %, tt)%, 11 %) that is equal to or greater than the rate computed in accordance with the inflections set out in (a) immediately above. if you elect to contribute at an integer rate above the actuarially required rate, that rate will remaln in effect unless It is changed by subsequent governing board order or the required eontnbuuon exceeds the elected rate. U - N i .V 1 • • *I 12/03/97 15:03 $512 328 8708 TCDRS VIII. OTHER PARTICIPATION PROVISIONS CONTINUED Except as modified by this Order, the orders previously adopted by the Commissioner's Court relating to participation In the System and In effect on December 31. 1997, are continued in effect. PART THREE. CLERK'S CERTIFICATION. 1. Mary Ann Ward . Clerk of Brazos County and ex- officio Clerk of the Commissioners Court, do hereby certify that the foregoing is a full, true and correct copy of: Coeunissioners Court Order Adopting the Annually Determined Contribution Rate Plan and Making Plan Selections Thereunder, and of the official minutes pertaining to its adoption, as the same appear of record in Volumes Pages 44ril of the official minutes of the Commissioners Court of Brazos County County, Texas. �EAL • -�1 Ali Q006 Given under my hand and seal of office this 9th day of December 1997. �tii •�r»t County Clerk a Ex -Offido Clerk of the Commissioners Court VCi,� PAGE �- V 2 4� i t k e� « 0 0 o`er E+ 0 0 ti .e a 0 a 0 w m « EXSIBIT A - Supplement Texas County and Nwict Relirenunt S}ulem Brazos County —120 Annually Determined Contribution Rata (ADCR) Plan Study for a Subdivision Currently larder the Fixed Rate Plan Effective Date— January_i9a Basic Retirement Plans Present F n ADCR Ptan 3 ADCR Plan 6 ' Plan Provisions Employee Deposit Rate 1 7% 7% 7% Curren! Service Credit Percentage (Ratio) 2 230% (2.3011) 225% (2.2511) 230% (2.3011) Prior Service credit Pamontaga 3 120% 120% 120% Vesting Provision 4 10 Years 10 Yearn 10 Years Vested Survivor Death Benefit 6 No Yes Yes 1838 Employer Contribution Rate Normal Cost Contribution Rate 6 6.49 % 6.36% 8.49% Unfunded Actuarial LiabOily Rate (UALCR) 7 1 .51 3.29 3.33 Employor contribution Rate for 1998M a 7.00% 9.65% 922% Benefit Credits as a Percent of Pay (increase) Currenl Service through 1997 9 23.10% HI 23.10% (016) 23.10%(0%) Current Sorulce after 1997 10 23.10% 22.75% (•2 %) 23.10%(0%) Prior Service 11 16.80% 16.8015 (0%1 16.80%(0%) Funding Position Actuarial tiebilily 12 $ 29,659,832 ir1 $ 29,590.338 S 29,659,832 Less: Assets 13 22,756,204 22.756,204 22,766,204 Unfunded Amount (to be amortized ) 14 S 6,903,628 l'r 3 6,834,134 6 6,900.628 Amortization Period in Years 1s Infnily 25.0 Years 25.0 Years Additlons"l tothe Total Rate for: 8-yr Vesting 8 Relirement/8 <s at age 600 16 WA .I1% .11% Rule of 75( �1 17 WA .18% 1 .18% ADCR Plan 7 1 ADCR Plan 8 Ad Hoc Cost -of- Living (COLA) Annuity increases option A Option a I option c Mon o option E QpUon F Increases as a Percentage of the Consumer Price Index 18 30% 40% 60% 6D% 70% 80% Additlonsl't Employer Coninbutron Rate (UALCR)111 19 .08% .11% .14% .18% 22%4 .26% to the: Actuarial Usbillty (and Unfunded Amount) 20 $171.488 1 S 229.370 $ 296.501 1 S 370,393 1 i 445,638 8 522.9711 r'1 For comparison, the present fixed rate plan has been valued with the more conservative acSuarlal cost method used 1or ADCR plans and Includes the vesled survfvar . death benefit The less conservative method used for the present foxed rate plant results in an actuarial lab&ty of $ 26.024.286, an unfunded amount of $ 3,268.082 and an amortizalion period of 39.0 years. Employer contribution rates for proposed plans 1 though 6 must be Increased by the additional coninbulicn nab applicable to any of the optional benefits (81ear vesting, rule of 75, annuity Increases) being adopted for 1998. p1 Optional benefits that produce a total employer contribution We of 10.00% cannot be adopted (e.9., 8-year vetting, rule of 75, andfor cos4� aonWy increases cannotbe adopted U the total required employer contribution rate exceeds 1 OD%). c4 for current service after 1994 only. Benefil credits before 1965 were 29.4014 of pay. i i • • • i CONTRACT THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County "), and the BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC. (hereinafter "Provider "), located in 1720 Barak Lane, Bryan, Texas 77802, RECITALS: WHEREAS, the medical care of the County's poor and indigent has become a growing problem; and WHEREAS, the County recognizes that good medical care of pregnant women results in healthier babies and less costly medical expenses incurred for the child in the future by the parents and the Community; and WHEREAS, the Court is interested in promoting such care through the Provider, NOW THEREFORE the parties above stated agree to the following terms and conditions to provide such indigent health care. TERM This contract shall continue in force and effect for a term of twelve (12) months commencing on the 1 st day of October, 1997 and terminating 30th day of September, 1998. CANCELLATION This contract may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER Provider shall provide the following services through trained, salaried staff to pregnant women who qualify for such services pursuant to the guidelines currently implemented for making such determination: interviews, lab work, physical exams, educational information and medicine as needed (herein "Services "). IJSI: OF COUN'T'Y FUNDS Funds to be furnished to Provider as stated herein below shall be used to pay the partial salary of the Director of Provider and the entire salary of the Billing Clerk as described in Enclosure (1) attached hereto and made a part hereof for all purposes. The County and Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to qualified 1 6. applicants and that the funding of salaries for the trained personnel of Provider is designed to accomplish that goal. COUNTY'S LIABILITY FOR PAYMENT The County agrees to reimburse the Provider for actual cost of the salaries as stated on Exhibit "A" up to a maximum of Sixty Thousand and No /100 Dollars ($60,000.00) for the term of this Contract. This sum shall be paid upon the following dates and in the following amounts: December 15, 1997 $15,000.00 March 15, 1998 $15,000.00 June 15, 1998 $15,000.00 September 15, 1998 $15,000.00 RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following Services pursuant to this Contract: I . All necessary application forms to potentially eligible individuals. 2. Obtaining and compiling information on each applicant for Providers Services with regard to residency and financial qualifications. 3. Maintaining this Contract. 4. Providing of the Provider's Services. 5. Maintaining data files on clients and the Services provided thereto. 6. Respond to all and any inquiries by the County regarding the Clinic and its Services. 7. Assist the County with information needed for audit purposes. 8. Provide the County with quarterly financial statements. 9. Provide the County with any and all certified audits of Provider and the management letter prepared in connection therewith. vaL.�PAQE, � . r f s �J 0 10. Provide financial statements evidencing how County funds are spent. Such statements to be submitted to County one week prior to the funding dates set forth herein above. 11. Provide the Court with statistics evidencing the number of Brazos County residents using the Providers Services and the percentage Brazos County residents comprise of the total population using Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County funds for the payment of the consideration stated herein. 2. Conduct a review of the Providers performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records of the Clinic. The Provider agrees to maintain and make available for inspection by the County upon request consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Provider with funding. Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the Services stated herein and for any damage to any person resulting 3 .f d 1 W �y c, from any act or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the Services to which it relates has personal interest direct or indirect, in this Contract. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duty given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC. 1720 BARAK LANE BRYAN, TEXAS 77802 BRAZOSCOUNTY C/O COMMISSIONERS COURT BRAZOS COUNTY COURTHOUSE 300 E. 26TH Street. Suite 114 BRYAN, TEXAS 77803 VC;L_._L L- 1At3L.l, : 1 u • • FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. ASSIGNABILITY Provider shall have the right to assign this Contract and any of its rights hereunder to a wholly owned subsidiary or to a corporation with which it may be merged without prior written consent of the County; otherwise, this Contract is not assignable by the Provider without the prior written consent of the County. DATED this ^IrA 7--day of 'Ar�.,�_. , , 1997. ATTEST: f Brazos County By. ALVIh W. JONES, dge Brazos Maternal & Child Health Clinic, Inc. By: // &6, P - MARY ELLEN PATE, Director By: JO E NI S, President 5 i i • *I RESEARCH AGREEMENT NO. 98 -025 BETWEEN THE TEXAS ENGINEERING EXPERIMENT STATION AND BRAZOS COUNTY COMMISSIONERS COURT RESEARCH AGREEMENT between the TEXAS ENGINEERING EXPERIMENT STATION, hereinafter referred to as "TEES" and BRAZOS COUNTY COMMISSIONERS COURT, hereinafter referred to as "SPONSOR ", WHEREAS, the research program contemplated by this agreement is of mutual interest and benefit to TEES and to the SPONSOR, and will further the instructional and research objectives of TEES in a manner consistent with its status as an agency of the State of Texas, NOW, THEREFORE, the parties hereto agree as follows: 1. STATEMENT OF WORK. TEES agrees to use its best efforts to perform the research program entitled "Verification of Retrofit Energy Saving for Brazos County" appended hereto and incorporated as Appendix A. 2. PRINCIPAL INVESTIGATOR. The research will be supervised by Drs. Jeff Haberl and Namir Saman of the Energy Systems Lab Division. If, for any reason, they are unable to continue to serve as Principal Investigator, and a successor acceptable to both TEES and the SPONSOR is not available, this agreement shall be terminated as provided in Article 6. 3. PERIOD OF PERFORMANCE. The research shall be conducted during the period of January 1, 1998 through December 31, 1999 and will be subject to renewal only by mutual agreement of both parties. 4. PRICE AND PAYMENT. As compensation for the performance of this AGREEMENT, the SPONSOR agrees to pay TEES the fixed price of Fourteen Thousand Nine Hundred Ninety -Three Dollars, ($14,993). Payments shall be made to TEES by the SPONSOR in advance on the following basis: $7,496.50 due upon execution of the agreement $3,748.25 due December 31, 1998 $3,748.25 due December 31, 1999 r VOL S � C i Invoices for compensation shall be submitted to the following address: Alvin W. Jones County Judge Brazos County, Texas 300 E. 26th Street, Suite 114 Bryan, TX 77801 TEES may adjust funds between the proposal budget categories without obtaining approval of the SPONSOR. Travel costs shall be reimbursable in accordance with the current TEES Sponsored Research Travel Guidelines. 5. DELIVERABLES. The following deliverables are required under this agreement: Site notebooks describing the equipment installed at the three sites February 28, 1998 Quarterly energy savings reports due March 31, 1998 June 30, 1998 September 30, 1998 December 31, 1998 March 31, 1999 June 30, 1999 September 30, 1999 All data collected will be forwarded to Brazos County Commissioners Court December 31, 1999 6. TERMINATION. Performance under this agreement may be terminated by the SPONSOR upon sixty days written notice. Performance may be terminated by TEES if circumstances beyond its control preclude continuation of the research. Upon termination, TEES will be reimbursed as specified in Article 4 for all costs and non- cancelable commitments incurred in the performance of the research, such reimbursement not to exceed the total estimated cost specified in Article 4. 7. PUBLICATIONS AND COPYRIGHTS. TEES will be free to publish the results of research under this agreement. Title to and the right to determine the disposition of any copyrights, or copyrightable material, first produced or composed in the performance of this research shall remain with TEES, provided that TEES shall grant to the SPONSOR an irrevocable, royalty-free, non - exclusive right to reproduce, translate and use all such copyrighted material for its own purposes. 8. PATENTS. Title to any invention conceived or reduced to practice in the performance of this research will remain with TEES. TEES shall have the sole right to determine LAL— 2 1 d • 4DI disposition of any patents or other rights resulting therefrom, provided that upon issue of any patent on any such invention or discovery, TEES shall grant to the SPONSOR an irrevocable, royalty-free, non - exclusive license for use of such invention or discovery for its own purposes. 9. RELEASE OF INFORMATION. TEES shall have the right to acknowledge the SPONSOR, the TEES investigator, the nature of the research, and the dollar value of the agreement in TEES records and reports. 10. TITLE TO EQUIPMENT. TEES shall retain title to all equipment purchased and/or fabricated with funds provided by SPONSOR under this AGREEMENT. 11. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and addresses stated below. Either party to the Agreement may change such name and address by notice to the other in accordance herewith, and any such change shall take effect immediately upon receipt of such notice. For TEES: i CONTRACT NEGOTIATIONS /ADMINISTRATION: TEES Office of Sponsored Research 332 Wisenbaker Engineering Research Center College Station, TX 77843 -3000 Attn: Jennifer Hervey Contract Administrator Telephone: (409)862 -1696 Facsimile: (409)862 -1698 Electronic Mail: jhervey @tamu.edu TECHNICAL: Energy Systems Laboratory Texas A &M University 053 Wisenbaker Engineering Research Center College Station, TX 77843 -3581 Attn: Dr. Jeff Haberl Telephone: (409)845 -6065 Facsimile: (409)862 -2457 Electronic Mail: jhaberl @loanstar.tamu.edu 10 K; For SPONSOR: Brazos County 300 E. 26th Street, Suite 114 Bryan, TX 77801 Attn: Alvin W. Jones County Judge Telephone: (409)361 -4102 Facsimile: (409)823 -6993 Electronic Mail: 12. EXPORT ADMINISTRATION. It is understood that TEES is subject to United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities, and that its obligations hereunder are contingent upon compliance with applicable United States export laws and regulations. Furthermore, it is understood that the transfer of certain technical data and commodities may require a license from one or more agencies of the United States Government. Both TEES and SPONSOR hereby agree and warrant that the program and development contemplated hereunder, and any exchange of technical data, computer software or other commodities resulting therefrom, shall be conducted in full compliance with the export control laws of the United States. 13. LIABILITY. It is understood that SPONSOR shall not be liable for any claims against TEES, its employees, or third persons other than SPONSOR'S employees for damage resulting from or arising out of the activities of TEES personnel under this AGREEMENT, and TEES agrees, to the extent permitted by Section 49, Article III of the Constitution of the State of Texas, to hold SPONSOR harmless from any and all such claims. It is also understood that TEES shall not be held liable for any claims against SPONSOR'S employees, of damage resulting from or arising out of activities of SPONSOR, its employees, or third persons other than TEES employees, and SPONSOR agrees to hold TEES harmless from any and all such claims. 14. INDEPENDENT CONTRACTOR: For the purposes of this AGREEMENT and all services to be provided hereunder, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other parry, except as may be explicitly provided for herein or authorized in writing. 15. SEVERABILITY. If any of the provisions of this AGREEMENT in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of this AGREEMENT and the VOL - PAGE . r r I • 01 •I application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law. 16. MISCELLANEOUS. This AGREEMENT constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their authorized representative. TEXAS ENGINEERING EXPERIMENT BRAZOS COUNTY STATION COMMISSIONERS COURT By: By: aro 2b: Vancellor Title: Assistant Vice Title: ,V2- Date: =1 9 0 Date: 5 VOL JpArak Appendix A Brazos County Proposal -1997, p.l VERIFICATION OF RETROFIT ENERGY SAVINGS i AT THE BRAZOS COUNTY EXECUTIVE SUMMARY The Energy Systems Laboratory (ESL) of the Texas Engineering Experiment Station, submits this proposal to the Brazos County to design, develop and install Energy Monitoring Systems in three facilities, the Brazos County Courthouse, the Courthouse Annex, and the Brazos Center. The ESL will be responsible for specifying the necessary monitoring equipment, purchasing, installing the monitoring equipment with assistance from Brazos County maintenance personnel, acquiring, archiving, analyzing and reporting the data collected. 1. STATEMENT OF WORK BETWEEN THE BRAZOS COUNTY AND ENERGY SYSTEMS LABORATORY OF TEXAS A &M UNIVERSITY SYSTEM 1.1. Proposed work The work will involve performing the following tasks in three Brazos County facilities over the next two years. TASK A: Provide metering plan (see sample in Appendix B), install and maintain monitoring equipment. An electrician from the Brazos County will be needed to help the ESL team. Task A]. Determine the types of retrofits being performed and developing a metering plan which will be as low -cost as possible while simultaneously providing the Brazos County with a satisfactory evaluation of retrofit performance. Based on the type of retrofits and the budget allocated for monitoring and data analysis we will monitor the following channels: The Courthouse (site #1): Whole building electricity. motor control center. chillers 1 and 2, and the cooling tower. The Brazos Center (site #2): Whole- building electricity and lighting. The Courthouse Annex (site #3): Whole- building electricity. Task A2. Install monitoring equipment. Energy Systems Laboratory Texas A&M University System Texas Engineering Experiment Station College Station. Texas vot ... `. _ _ ,'- _`•_ __ _ .... .._ - __ _.._.� _...._ ...:.�,..�_. ..emu.. .- .._i.�.�L -.. .._ .-. _ ,._ �.,...�L. L. <. _ ._. _ • • C7 Brazos County Proposal -1997, p.2 Task A3. Maintain equipment which involves periodic inspections as well as immediate rectification in case of failure (which is easily detected from our Task B activity). TASK B: Automatic weekly downloading of hourly monitored data via telephone lines, inspection of data for data quality and abnormal energy use patterns, and providing quarterly reports. Task B 1. Automatic downloading of data each week. Task B2. Weekly data inspection for quality, equipment failure and abnormal energy use. Task B3. Quarterly reporting to the Brazos County which typically involves various graphs of data, any observations regarding abnormal energy use patterns and a summary of how much energy savings have resulted from the retrofit using the baseline developed in Task C (see sample in Appendix C). TASK C: Baseline modeling of energy use prior to retrofit initiation and retrofit savings. Task C 1. Develop the appropriate baseline models of energy use for electricity and other relevant sub - groups. Task C2. Once the retrofits are complete, calculate quarterly retrofit savings. 1.2. Schedule (Assuming that monitoring equipment is installed at least 4 months before retrofits are implemented, i.e., by month 6). Month - - - - - -> I- ---- -- RETROFITS ---- ---- -I 1.3. Budget The fixed price budget ror this project will be $14,993 (see Appendix A for details). The Brazos County agrees to install and maintain one phone line per logger and provide an electrician to install sensors in high voltage cabinets. 1A. Deliverables • Site notebooks describing the equipment installed at the three sites. Energy Systems Laboratory Texas A&M University System Texas Engineering Experiment Station College Station, Texas V0L___/A;,PAGE, 46-9 m■■0000000000000000 ©v ©aoo m■■000 ©0000 ©0000000a00000 m■■o ©00000a000a0000000000 m■■00000000■■■ ■ ■■■■■■■■■■ I- ---- -- RETROFITS ---- ---- -I 1.3. Budget The fixed price budget ror this project will be $14,993 (see Appendix A for details). The Brazos County agrees to install and maintain one phone line per logger and provide an electrician to install sensors in high voltage cabinets. 1A. Deliverables • Site notebooks describing the equipment installed at the three sites. Energy Systems Laboratory Texas A&M University System Texas Engineering Experiment Station College Station, Texas V0L___/A;,PAGE, 46-9 i Braraa County Proposal -1997, p3 • Quarterly energy savings reports (see sample in Appendix C). • All data collected will be forwarded to the Brazos County at the end of the two year period. • The Brazos County will retain ownership of the monitoring equipment at the end of the two year period. • Special purpose software for polling, archiving and analyzing the data can also be provided for an additional fee. va LYAGF,..,gk . r • • • AGREEMENT WITH NORTON CHEMICAL PROCESS PRODUCTS CORPORATION E FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT IN CITY OF BRYAN REINVESTMENT ZONE NUMBER FOUR THE STATE OF TEXAS § COUNTY OF BRAZOS § This Agreement is entered into by and between BRAZOS COUNTY, TEXAS, acting herein by and through its Commissioner's Court, hereinafter referred to as COUNTY, and Norton Chemical Process Products Corporation, acting herein by and through its duly authorized agent, James F. Kraynak, hereinafter referred to as OWNER. WITNESSETH: The City Council of Bryan, Texas ( "COUNCIL'), by Ordinance No. 1059, established Reinvestment Zone Number Four ( "Zone "), City of Bryan, for Commercial - Industrial Tax Abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Vernon% Texas Civil Statutes Annotated, Tax Code Chapter 312 (1992). WHEREAS, in order to provide for the proper development of such property and to aid in the conduct of the operation thereof in the best interest of the COUNTY, in accordance with the above referenced ordinances and statutes, the parties do mutually agree as follows: 1. The property that is the subject of this Agreement is the land area located at 1500 Independence, Bryan, Brazos County, Texas, also generally described as that approximately 12.78 acre tract of land located within the Brazos Couuty Industrial Park, and being all of that tract of land recorded in Volume 348, Page 327, Deed Records of Brazos County, Texas, the same being an expansion of an existing facility depicted in the plat as Exhibit "A ", which is attached hereto and incorporated herein for all purposes, such property is hereinafter referred to as the PREMISES. The number, kind and location of the improvements, buildings and other tangible personal property located on the real property described in Exhibit "A" hereto is listed and described in Exhibit "B ", attached hereto and incorporated herein for all intents and purposes. 2. In consideration of OWNER'S installation of improvements located on the PREMISES, which are listed as to kind, number and location on the document entitled Exhibit "B ", which is attached hereto and incorporated herein for all purposes, in accordance with the City of Bryan's building permit numbers to be issued and the Site Development Plan on file with the Inspection Services Division of the City of Bryan, all of which are incorporated by reference as if included herein, COUNTY agrees that, subject to the terms and conditions contained herein, the above described PREMISES shall be entitled to an exemption from taxation as provided for in Section 12 of this Agreement. OWNER acknowledges and agrees that the purpose of COUNTY entering into this Agreement is to encourage development and redevelopment of the property in the Zone, and therefore, OWNER agrees to limit the use of the property to further said purpose. VOL � panE, �� 3. OWNER agrees that the general site plan, general interior and exterior design drawings and materials ("Plans') for any and each future improvement shall be submitted to COUNTY and/or its designated representative for approval, which Plans shall be incorporated herein for all purposes. An official set of plans for each improvement will be designated by the OWNER and kept on file with the COUNTY. 4. OWNER agrees to build any and all improvements in accordance with all applicable laws, ordinances, codes, rules, requirements or regulations of the City of Bryan, Brazos County, the State of Texas and the United States, and any subdivision, agency or authority thereof. 5. During the period of time when OWNER is constructing any future improvement, on PREMISES and at all times thereafter, during the term of this Agreement, OWNER shall keep PREMISES insured through its self - insurance program against loss or damage by fire or any other casualty. OWNER shall furnish the County Judge with a letter regarding its self - insurance program. In the event PREMISES is damaged by fire or any other casualty, if OWNER pursues diligent completion of such damages in order to repair, remodel or renovate PREMISES in accordance with the Plans or revised Plans, then the exemption from taxation as provided for in this Agreement shall cease during the time that the PREMISES is being repaired, remodeled or renovated and when PREMISES is restored to its prior condition the exemption from taxation shall commence for the remaining term of the exemption. Should the OWNER decide not to repair, remodel or renovate the damaged PREMISES, then the exemption from taxation as provided for in this Agreement shall cease and the PREMISES will be taxed at full market value pursuant to Section 11 of this Agreement. Within ninety (90) days of the date such damage to PREMISES occurs, OWNER shall submit written notice of intent to the County Judge setting forth the dates OWNER anticipates starting and completing the repair, remodeling or renovation of the damaged PREMISES. OWNER agrees that COUNTY shall recapture from OWNER, and COUNTY shall have an ad valorem tax lien against the PREMISES for the sum of all property tax revenue COUNTY has lost as a result of this Agreement from its inception as required by §312.025(a)(4), Texas Property Code, if OWNER fails or refuses to repair, remodel or renovate the premises. 6. The OWNER represents and warrants that no member of the Commissioner's Court has an interest in the property subject to this Agreement and such property is not owned or leased by any member of the Commissioner's Court. 7. The COUNTY, by approving the Plans or any revised Plans, assumes no liability or responsibility therefore or for any defect in any structure constructed from the Plans or such revised Plans. The relationship between COUNTY, Taxing units, and OWNER shall not be deemed a partnership or joint venture for purposes of this Agreement. OWNER shall indemnify, hold harmless and defend COUNTY, its agents, officials, and employees from and against any and all obligations, claims, suits, damages judgments, settlements or related expenses arising in any manner from OWNER'S construction, use or operation of the PREMISES or arising from OWNER'S performance under this Agreement, provided, however that OWNERS shall not be required to indemnify and hold harmless any party for injury or harm caused by the party's gross negligence or willful misconduct. L' 8. At all reasonable times during the construction on any expansion of PREMISES and following its completion, COUNTY and its respective designees may inspect PREMISES in order to assure that all construction, workmanship, materials and installations involved in or incident to the project are performed in substantial compliance with the approved Plans or revised Plans therefor and that the conditions and the applicable building permits and governmental regulations are complied with. 9. OWNER agrees to pay all ad valorem taxes and assessments (unless it is exempted or abated) thereof, owed to the COUNTY prior to such taxes and/or assessments becoming delinquent; provided, that OWNER shall have the right to contest in good faith the validity or application of any such tax or assessment and shall not be considered in default hereunder so long as such contest is diligently pursued to completion. in the event OWNER does contest any such tax or assessment, it shall nevertheless, promptly pay to COUNTY prior to its becoming delinquent, all taxes and assessments which it is not so contesting. If OWNER undertakes any such contest, it shall so notify COUNTY and keep COUNTY apprised of the status of such contest. Should OWNER be unsuccessful in any contest, OWNER shall promptly pay the taxes, penalties, and/or interest, resulting therefrom. 10. In the event OWNER (i) does not maintain the PREMISES in good condition, reasonable wear and tear excepted, (ii) fails to repair, remodel or renovate any damage or destruction of the PREMISES as provided for in Section 5 above, (iii) fails to use the PREMISES for the purposes that are contemplated by this Agreement and allows the PREMISES to become vacant, (iv) fails to pay all non - abated taxes in the manner required by Section 9 hereof, (v) fails to maintain an increased gross salary base plus benefits for 16 additional employees working at the PREMISES of at least FOUR HUNDRED EIGHTY THOUSAND ($480,000) on July 31, 1998, and a total of 25 employees with a gross salary base of at least SEVEN HUNDRED FIFTY THOUSAND ($750,000) on December 31, 1999, or on an annualized basis if the PREMISES commence production on a date other than January 1, (vi) fails to maintain construction work in progress, equipment, land, buildings, improvements, and tangible personal property on the PREMISES with a total capital investment value of between NINE MILLION ($9,000,000) and ELEVEN MILLION TWO HUNDRED THOUSAND ($11,200,000), then the COUNTY shall give OWNER written notice of such deficiencies or failures and if OWNER has not complied with or made satisfactory efforts to comply within thirty (30) days of said written notice, COUNTY shall and does reserve the right to declare this Agreement void and shall have the right to adjust the percentage of tax abatement given to OWNER for such period of time as OWNER is out of compliance with one or more of the above provisions. As used in the preceding sentence, Capital Investment is defined as all cost related to the expansion project including engineering, design, surveys, and installation. If the COUNTY decides to declare the Agreement void and terminate the benefits of tax abatement provided for in this Agreement, the PREMISES shall be deemed taxable and not entitled to abatement as provided herein from and after the effective date of termination. In the event the construction and renovation of the PREMISES is completed per the Section above, and begins producing product, but subsequently discontinues producing product for any reason except fire, explosion or other casualty, accident or natural disaster, for a period of one year during the abatement period, then this Agreement shall terminate. In the event of termination pursuant to the provisions of this paragraph, the abatement of the taxes for the calendar year during which the PREMISES no longer produces shall terminate, but there shall be i no recapture of prior years' taxes abated by virtue of this Agreement. Recapture of prior years' taxes will occur only if OWNER fails to construct all of the capital improvements listed in Exhibit "B" or refuses or fails to repair, remodel or renovate the PREMISES as required under Section 5 of this Agreement. 11. OWNER WILL SUBMIT TO THE COUNTY, no later than July 31, 1998 and December 31, 1999 for Phase I and Phase II respectively, the Certificate of Compliance attached hereto as Exhibit "C ", certifying that all construction of PREMISES has been completed in accordance with Plans or revised Plans. After receipt of this Certificate of Compliance, the COUNTY shall make a final inspection of PREMISES to determine that PREMISES has been constructed in compliance with this Agreement. COUNTY shall have the right to renegotiate or terminate this Agreement if (i) the Certificate of Compliance has not been issued as provided above and/or (ii) the COUNTY has not issued its approval of the construction declaring it to be in compliance with this Agreement within thirty days of the date the Certificate of Compliance is issued. If this Agreement is so terminated the OWNER shall pay to the COUNTY the taxes that would have been paid to COUNTY had not OWNER'S taxes been reduced under the terms of the Agreement, plus interest at the rate provided for delinquent taxes in accordance with Vernon's Texas Code Annotated, Tax Code, §33.01 and that such payment of taxes and interest shall be due within thirty (30) days of Commissioner's Court's termination of this Agreement and notification to OWNER of the termination of this Agreement and of the amount of taxes and interest due. The taxes and interest are due and become delinquent and incur penalties and interest as provided by law for ad valorem taxes imposed by COUNTY if not paid before February 1st of the year following the year in which the termination of this Agreement occurs. Owner shall further certify annually to the governing body of each taxing unit that OWNER is in compliance with each applicable term of this Agreement. 12. This Agreement shall be for a term of eight years commencing on the execution date hereof and terminating eight years from said date. The exemption from taxation provided during the term of this Agreement shall be a percentage of the increase in value of the PREMISES over its value on January 1, 1997 in the following amounts. The taxable value of the PREMISES on January 1, 1997 was: $12,309,310.00 13. Miscellaneous a. Attorn s Fees. If on account of any breach or default by OWNER of its obligations under the terms, conditions, or covenants of this Agreement, it shall be necessary for COUNTY to employ an attorney or attorneys to enforce or defend any of the rights or remedies vu� °PAGE,. Amount of Increased Value of PREMISES Calendar Year From 1997 Values to be Abated 1 998 70% 1999 70% 2000 60% 2001 50% 2002 40% 2003 30% 2004 20% 2005 10% The taxable value of the PREMISES on January 1, 1997 was: $12,309,310.00 13. Miscellaneous a. Attorn s Fees. If on account of any breach or default by OWNER of its obligations under the terms, conditions, or covenants of this Agreement, it shall be necessary for COUNTY to employ an attorney or attorneys to enforce or defend any of the rights or remedies vu� °PAGE,. • • hereunder, and should COUNTY prevail, COUNTY shall be entitled to any reasonable attorney's fees, costs, or expenses incurred by it in connection herewith. b. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under the present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added automatically as part of this Agreement a provision that is similar in terms and substance to such deleted provision as may be possible and yet be legal, valid and enforceable. C. Texas Law to AavIY. This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Brazos County, Texas. d. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. e. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. f. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. g. No Waiver. No waiver by COUNTY in any event of default, or breach of any covenant condition or stipulation herein contained shall be treated as a waiver of any other covenant, condition or stipulation hereof. h. Assignment. This Agreement may be assigned by OWNER only upon the prior written consent of the COUNTY. ATTEST: BRAZOS COUNTY, TEXAS By: 64L2L:2z:=:� Mary Ann Ward, County Clerk Judge lvin W. Jon 6, County Judge Executed on: % " J 1 7 ATTEST: NORTON CBENGCAL PROCESS PRODUCTS By: CORPORATION By: a+� -. Name: av ANA N e: n s Title: fYEu�n� E,P mey Title: I AFstn Ev7- c, o, D. Executed on: Vauut 6, l 9 9f 6 y y O 0 0 No ' 'RVE 4TA 0t3.0Z'030" R a 11409.15' MAP T a 302.91' x NONE a e 0 V t r t H N 3 Co ' I o i '- ►• O 1.1 o � 4 I N y •ti r o ae , 14 y m r�%wz.;..r.�w,�.,,. s , •.. ;... �: ;-. �r� �,s,�,..�,.�•,�.iotaurx� = =y.�`s ;'r'• -- @ ivi n+.. a..���ueurA 11'ARalal�I � / tiL BR AN CITY TS 6 9 MoD B( I 3 BLOCK ' o 0 f✓t /V t O ,�' no '-stir 0 0 � � 3 S RF p0 ?�r of eqy � pp �3i STS 4N CwER t/hf 6 6 o �Oc esaRT` • j0' BvILD .,3ge i•MT � h n v ! \ \s,,T I � C C �Ve N °n S 0 / R4L \ \OL V C 4c / . PG - 42OgoRFgNY tv 8 M BLUCK 3 CURVE DPT ps 0 °50 03 ' f o Op� Ra t34y.00' A, S US4 .10 , e`lk • s ~EXHIBIT B" ITEM ESTIMATED COST Conventional Production Lines $ 2 mil to $ 2.9 mil Hi Temperature Tunnel Kiln 2 mil to 2.4 mil Office Addition 447,000 to 447,000 Plant Addition 688,000 to 688,000 New Manufacturing Plant 800,000 to 800,000 Phase 11 Production Line and Warehouse 3.1 mil to 4.1 mil Total $9.035 mil $ 11.3 mil VID ,PAUL BID TABULATION 98 -014 COLD MIX LIMESTONE CONCRETE PAVEMENT e1997 - 98 CONTRACT 12/151-97 - 12115/98 O THD 330 LOADED ONLY AND LOADED 8 HAULED. VULCAN MATERIALS RECOMMENDATION: THD 350 LOADED ONLY AND LOADED 8 HAULED: YOUNG CONTRACTOR V AWARD DATE: VOL_ /1- PAr=r. cLZc . - -- THD 330 CLAS BIDDERS ADDRESS /PLANT LOCATION LOADED ONLY LOADED[- HAULED LOADED ONLY LOADED/ HAULED BRIDGES AS��L ' NIB NIB NIB GARLAND ,TX VULCAN MATM�RLSCOMFSAW 4 I NIB UVALDE,TEXAS w ••Y NIB 5 BRYAN,TEXAS O THD 330 LOADED ONLY AND LOADED 8 HAULED. VULCAN MATERIALS RECOMMENDATION: THD 350 LOADED ONLY AND LOADED 8 HAULED: YOUNG CONTRACTOR V AWARD DATE: VOL_ /1- PAr=r. cLZc . - -- T X 3/4" X 8" T X 5/8" X 8" 9' X 5/8" X 8" 9' X 3/4" X 8" 9' X 518" X 8" 4&-a0'd BID TABULATION 98 -017 MOTOR GRADER BLADES 1997198 CONTRACT 12115197.12115198 & COMPANY CONLEY, LOTT NICHOLS VALK MANUFACTURING 40.82 6844 5660 35.59 56.34 48.10 3300 58.10 48.00 6610 5627 9137 75.19 58.17 45.76 72.43 62.23 5280 41.90 7480 6170 DUG TENSILOY HOT ROLLED STEEL RC -43 -50 15530 50KON THROUGH HARDENED 30-60 45-60 15-30 -lMWMR=TQWN. PA R MMENDATION: VALK MANUFACTURING AWARD DATE: V4t� �J 01 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560001 DATE OF COURT MEETING: 12/9/97 ITEM: Permission to enter Charles G. Mancuso's property located off Mancuso Road for the purpose of constructing a waterway to drain water from Mancuso Road Signed permission form on file. Site is located in Precinct 2 SOURCE OF FUNDS: N/A I. NOTES /EXCEPTIONS: II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED, BY: APPROVED BY: ` "Richard F. Vance, P.E. Commissioner William S. Thomton County Engineer Precinct 2 CC97 -172 ApprovedQ6 Denied❑ by Commissioners' Court Date: 1z `ci_ qz Alvin W. Jones, Co( my Judge r 4 11 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM AMn W Jones County Judge Tony Jones Commissioner Pet 1 Withum S Thornton Commissioner Pet 2 Randy Sams Commissioner Pct 3 Carey Cautey Commissioner Pct e OF 9 .9 V � ti /j// Date 1.4 - 3 - 9 -7 I. LAND OWNER AND ADDRESS C. hi4it,l6S G uSo -7 '710of IL LOCATION OrF WORK /Uur f /, -.: a� L Mi_, �., , d No oftn.' e III. DESCRIPTION OF WORK TO BE DONE D _) ti 1• r. K {-.. tL : N .� a { r � �.'s� w, M a ..... t �. IQ� .� IV. MAINTENANCE YES 1/ NO _ IF YES, ESTIMATE FREQUENCY OF MAINTENANCE d /.. (Owner will be notified prior to maintenance) Richard F. Vance, P.E Engineer Aide /Foreman County Engineer OWNER'S SIGNATURE DATE ,z j 9,7 vaL_..L .padE, 41PJ-. r� *I • BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560001 DATE OF COURT MEETING: 12/9/97 ITEM: Permission to enter Donald R. Gordon, Sr's property located off Mancuso Road for the purpose of filling existing ditch along north side of Mancuso Road and constructing a waterway across parking lot into pasture to drain water from Mancuso Road. Signed permission form on file. Site is located in Precinct 2. SOURCE OF FUNDS: N/A I. NOTES /EXCEPTIONS: II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTE BY: APPROVED BY: Richard F. Vance, P.E. Commissioner William S. Thomton County Engineer Precinct 2 CC97 -173 i Approved/ Denied❑ by Commissioners' Court Date: Alvin W. Jones, C my Judge BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM AMn W' Jones County Judge Date / Z - 3 9 7 I. LAND OWNER AND ADDRESS �rw Pr L-b 2 Go ne 1 S 3 "4f) 1 M Pt N U.t A N� fi n? 804? II. LOCATIONr OF WORK _ IV, A .:1t a f Na,, r., . n PA , J. a w S-0 EZS7 �F f. do ns #J iae d. III. DESCRIPTION OF WORK TO BE /DONE F•iI ,x._ -i,tq d,ife-A _. 1-..,m _ SidG v� M1ALL�a p. -.a�i a,,{ _ wcf��•�.� .J�f!- rwa��t� _ai�CJ.aw _R,a mod. IV. MAINTENANCE YES : ' NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE D,. l.. , t (Owner will be notified prior to maintenance) Richard F. Vance, P.E. Engineer Aide /Foreman County Engineer OWNER'S SIGNATURE s?et DATE l 1 y VOL 1I- PAGE. � . OF B Tony Jones 3 C, i Commissioner Pet t J 1Arillalm S Thornton Commissioner Pet 2 V Randy Sims 9.01 SnIDGIL CEO` Commissioner Pd, Carey Cauley Commissioner Pd 4 Date / Z - 3 9 7 I. LAND OWNER AND ADDRESS �rw Pr L-b 2 Go ne 1 S 3 "4f) 1 M Pt N U.t A N� fi n? 804? II. LOCATIONr OF WORK _ IV, A .:1t a f Na,, r., . n PA , J. a w S-0 EZS7 �F f. do ns #J iae d. III. DESCRIPTION OF WORK TO BE /DONE F•iI ,x._ -i,tq d,ife-A _. 1-..,m _ SidG v� M1ALL�a p. -.a�i a,,{ _ wcf��•�.� .J�f!- rwa��t� _ai�CJ.aw _R,a mod. IV. MAINTENANCE YES : ' NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE D,. l.. , t (Owner will be notified prior to maintenance) Richard F. Vance, P.E. Engineer Aide /Foreman County Engineer OWNER'S SIGNATURE s?et DATE l 1 y VOL 1I- PAGE. � .