HomeMy WebLinkAbout1999-06-08-0900AM-Regular- -
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BR.AZOS
41Atr. o LLEP.K
COUNTY snAi':' r':Iti'~ Y.OUSE
BRYAN. TEXAS )EPUT
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY,
NNE 8,1999 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS
COUNTY COURTHOUSE, 300 EAST 26TM STREET, SUITE 115, BRYAN, TEXAS.
1. Invocation - Commissioner Sims.
2. Pledge of Allegiance - Commissioner Sims.
is
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 recording is made of the meeting; therefore, please give your name and
address for the record.)
Consider and take action on agenda items 4 - 26:
4. Personnel Change of Status.
5. Budget Amendment 98/99-25.
6. Payment of Claims.
7. Contract for Services with the Brazos Valley Council on Alcohol and Substance Abuse
for substance abuse assessment and evaluation services for the Juvenile Services
Department.
8. Request by Computer & Network Services for out-of-state travel for employee to attend
the annual Pentamation User's Conference in Bethlehem, Pennsylvania, September 26-29,
1999. t
9. Summary Plan Description for County's Section 125 Plan (Cafeteria Plan).
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10. Worksite Agreement for the Brazos Valley Workforce Development Board's Employment
and Training Program for temporary student workers in the District Clerk's Office.
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11. Bank Depository Contracts for District Clerk's funds with the following financial
institutions:
a. Compass Bank
b. First American Bank
c. The First National Bank of Bryan
d. First Federal Savings Bank
e. Norwest Bank Texas, N.A.
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Commissioners Court Mating Agenda
June S. 1999
12. Contract with Rick Ravey & Associates for completion of plans for Justice of the
Peace/Constable offices.
13. Agreement with the City of Bryan granting additional ten foot (IV) sanitary sewer line
easement at Minimum Security Jail site on Sandy Point Road.
14. Tax Resale Deed and authorization for County Judge to execute tax resale deed for Lot
5, Block 10, Washington Heights Addition, City of Bryan to Marvin R. Gibbs.
15. Tax Resale Deed and authorization for County Judge to execute tax resale deed Ed
Resolution providing for the sale of property acquired by the County of Brazos at
delinquent tax sale for Lot 17, Block 1, Austin Addition, City of Bryan to Tamara
Jackson.
16. Rules of procedure, conduct and decorum at meetings of the County Commissioners
Court.
17. Cancellation of the June 29, 1999 Commissioners Court meeting.
18. Implementing identification tags for county employees and authorization to solicit bids
for identification tags.
19. Blanket Purchase Order for the District Attorney's Office to Lange Micrographics.
20. Requisitions from Capital Projects Funds for the following:
a. TVNCR combination for the 272°° District Court,
b. Cordless drill and shop fan for the Brazos Center.
21. Approval to advertise Bid No. 99-042, Group Health & Insurance Proposal.
22. Award of Bid No. 99-046, Temporary Employment Services.
23. Acceptance of Wellborn Special Utility District's cost estimate of $584.00 to relocate
Mikeska water meter on Old Wellborn Road improvements. Site is located in Precinct
1.
24. Request from United Telephone Company of Texas for parallel cable installation in the
right-of-way of Kathy Fleming Road (Millican, Texas). Site is located in Precinct 1.
25. Acceptance of Warranty Deed from Patricia Kay Peters Boyd, E. Duane Peters and Diane
Peters for improvements to Hardy Weedon Road located in Precinct 3.
26. Acceptance of Warranty Deed from Wheelock SPJST Lodge Nd. 94 for improvements
to Wheelock Hall Road located in Precinct 2. 1
27. Announcement of interest items and/or concerns.
28. Call for citizen input and/or concerns.
29. Adjourn.
V The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any requests for
sign interpretive services must be made two business days before the meeting. To make
arrangements, call (409) 361-4102.
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COMMISSIONERS' COURT
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REGULAR MEETING
JUNE 8, 1999
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, June 8, 1999, 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 Sims gave the invocation and led the pledge
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of allegiance.
Under citizen input and/or concerns, the following made
comment:
Bill Jeanes, Risk Manager thanked the Commissioners
Court and the employees who participated in the
American Cancer Society's Relay for Life fund
raiser. The Brazos County team raised $2,400.00 in
donations and won the grand prize for the site set
up.
John Hachmann, Purchasing Agent, reminded the Court
of the first annual picnic on June 12, 1999 from
3:00 p.m. to 9:00 p.m. at the Bryan Athletic Park
in Bryan. Food will be served from 5:00 p.m. to
7:00 p.m..
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Commissioners court meeting June 8, 1999
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The Court proceeded to consider the change of status of
the following employees.
Black, Jo Ann
Elarms, Latonya
Miranda, Caroline
Henderson, Kami
Bollinger, Gary
Gomez, Daniel
Charlton, D. C.
Williams, Jessie
Williams, James E.
Wilder, Jason E.
Suel, Christopher
Ramirez, Juanito
Faust, Ron E.
James, Kerry L.
Supak, Cheryl D.
Boone, Judy E.
DEPARTMENT
Juvenile Services
REASON
Resignation
Juvenile Services
New Emp P/T
Juvenile Services
New Emp Temp
Juvenile Services
New Emp Temp
Juvenile Services
Promotion
Road & Bridge
Resignation
Road & Bridge
New Emp Temp
Road & Bridge
New Emp Temp
Road & Bridge
New Employee
SO/Jail
Trans in Dept
SO/Jail
Trans in Dept
SO/Jail
Resignation
SO/Jail
New Emp P T
SO/Jail
New Emp P T
SO/Jail
New Emp P T
Tax Office
New Emp Temp
On motion by Commissioner Cauley, seconded by Commissioner
Sims, the Court voted unanimously to approve the changes as
submitted.
The Court next considered Budget Amendment #98/99-25.1
through 25.4, which would transfer funds from the General Fund
to Juvenile Services; set up the new grant year for the
Narcotics Trafficking Task Force; set up a new grant for
Juvenile Services and transfer funds from the 272nd District
Court to Capital Improvement. On motion by Commissioner
Cauley, seconded by Commissioner Sims, the Court voted
unanimously to approve the budget amendment as submitted, a
copy of which is attached hereto.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
99-007210 through 99-007575
On motion by Commissioner Jones, seconded by Commissioner
Thornton, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was approval of a
Contractual Agreement between Brazos County and the Brazos
Valley Council on Alcohol and Substance Abuse (BVCASA).
BVCASA will provide substance abuse assessments /evaluations on
probationers and/or clients detained in the Brazos County
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Commissioners Court meeting June 8, 1999
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Juvenile Detention Center. The cost to Brazos County will be
$40.00 per assessment. The term of the contract will be from
January 1, 1999 to December 31, 1999. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to enter into contractual agreement with the
Brazos Valley Council on Alcohol and Substance. A copy of
the contractual agreement is attached hereto.
The next matter for consideration by the Court was a
request submitted by the Computer & Network Services
Department seeking approval for out of state travel for Allen
Campbell. Mr. Campbell would be traveling to Bethlehem,
Pennsylvania to attend a "Pentamation User's Conference"
during the week of September 26th through the 29th, 1999. On
motion by Commissioner Cauley, seconded by Commissioner Sims,
the Court voted unanimously to grant the request from the
Computer & Network Services Department and approved payment of
out of state travel expense for Mr. Allen Campbell.
The Court next considered approval of the Summary Plan
Description for the County's Section 125 Plan (Cafeteria
Plan). On motion by Commissioner Cauley, seconded by
Commissioner Sims, the Court voted unanimously to approve the
Summary Plan. A copy is attached.
The Court next considered entering into agreement with
the Brazos Valley Workforce Development Board's Employment and
Training Program for temporary students workers in the
District Clerk's office. Funding will be through the Job
Training Partnership Act (JTPA). There will be no cost to
Brazos County. On motion by Commissioner Cauley, seconded by
Commissioner Sims, the Court voted unanimously to enter into
agreement with the Brazos Valley Workforce Development Board
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 Bank Depository Contracts for
the District Clerk's funds with the following financial
institutions:
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Commissioners Court meeting June 8, 1999 4
a) Compass Bank
b) First American Bank
c) The First National Bank of Bryan
d) First Federal Savings Bank
e) Norwest Bank Texas, N.A.
Commissioner Cauley asked if the District Clerk was not
included when the County approves a depository. He was
assured that they were. On motion by Commissioner Cauley,
seconded by Commissioner Sims, the Court voted unanimously to
approve the contracts. A copy of each contract is attached.
Item 12 on the agenda, considetation of a contract with
Rick Ravey & Associates for completion of plans for Justice of
the Peace/Constable offices was tabled on a motion by
Commissioner Jones, seconded by Commissioner Sims and voted on
unanimously.
The Court next considered entering into Agreement with
the City of Bryan granting additional ten foot (101) sanitary
sewer line easement at the Minimum Security Jail site on Sandy
Point Road. On motion by Commissioner Cauley, seconded by
Commissioner Jones, the Court voted unanimously to grant the
additional ten foot easement to the City of Bryan. A copy of
the Agreement is attached.
On motion by Commissioner Sims, seconded by Commissioner
.Cauley, the Court voted unanimously to authorize the County
Judge to execute a Tax Resale Deed to the following
individual:
Marvin R. Gibbs - Lot 5, Block 10, Washington
Heights Addition, City of Bryan, Brazos County,
Texas
on motion by Commissioner Sims, seconded by Commissioner
Cauley, the Court voted unanimously to authorize the County
Judge to execute a Tax Resale Deed to the following
individual:
Tamara Jackson - Lot 17, Block 1, Austin Addition,
City of Bryan, Brazos Pounty, Texas
The court next considered adopting Rules of Procedure,
Conduct and Decorum at meetings of the County Commissioners
Court. On motion by Commissioner Sims, seconded by
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Commissioners Court meeting June 8, 1999
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Commissioner Cauley, the Court voted unanimously to adopt the
rules. A copy is attached.
The Court next considered cancellation of the June 29,
1999 Commissioners Court meeting. The members of the Court
will be out of town on that date attending the South Texas
County Judges and Commissioners Conference. On motion by
Commissioner Sims, seconded by Commissioner Cauley, the Court
voted unanimously to cancel the June 29, 1999 Commissioners
Court meeting.
The next matter for consideration was the implementation
of identification badges for county employees and
authorization to solicit bids for the necessary equipment. On
motion by Commissioner Cauley, seconded by Commissioner Jones,
the Court voted unanimously to implement identification tags
for county employees and solicit bids for the tags.
The Court proceeded to consider the following blanket
Purchase Order:
Lange Microg District Attorney $1,000
On motion by Commissioner Jones, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Blanket
Purchase Order as submitted.
The Court next considered approval of requisitions from
the Capital Projects Fund for the following purchases:
a) TV/VCR combination for the 272"d District
Court $299.97
b) Cordless drill and shop fan for the
Brazos Center $445.00
On motion by Commissioner Cauley, seconded by Commissioner
Jones, the Court voted unanimously to approve the requisitions
to be paid from Capital Projects Fund.
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 99-042 Group Health
Insurance Proposal. On motion by'Commissioner Sims, seconded
by Commissioner Cauley, the Court voted unanimously to
authorize the Purchasing Agent to advertise for bids for Group
Health Insurance Proposal.
Commissioners Court meeting June 8, 1999 6
The Court next considered awarding the following bid:
Bid No. 99-046, Temporary Employment Services
John Hachmann, Purchasing Agent,
recommended acceptance of the bid
submitted by Kelly Services as primary,
the bid submitted by Initial Talent Tree
and secondary and the bid submitted by
Manpower as Alternate. On motion by
Commissioner Jones, seconded by
Commissioner Thornton, the Court voted
unanimously to accept the recommendation
of the Purchasing Agent and award the
contract as noted. A copy of the bid
tabulation is attached.
The next matter for consideration was a cost estimate
from Wellborn Special utility District in the amount of
$584.00 to relocate the Mikeska waster meter on Old Wellborn
Road to facilitate road improvements. The site is located in
Precinct 1. On motion by Commissioner Jones, seconded by
Commissioner Thornton, the Court voted unanimously to accept
the cost estimate in the amount of $584.00.
The Court next considered the request from Untied
Telephone for a parallel cable installation in the right-of-
way of Kathy Fleming Road. The site is located in Precinct 1.
The County Engineer stated that all appeared to be in order
and recommended approval. On motion by Commissioner Jones,
seconded by Commissioner Cauley, the Court voted unanimously
.to approve the request from United Telephone and authorized
the installation. A copy of the request is attached hereto.
The Court next considered acceptance of a Warranty Deed
for right-of-way on Hardy Weedon Road in Precinct 3. On
motion by Commissioner Sims, seconded by Commissioner Cauley,
the Court voted unanimously to authorize the County Judge to
accept on behalf of Brazos County a Warranty Deed from
Patricia Kay Peters Boyd, E. Duane Peters and Diane Peters,
for the expansion and improvements to Hardy Weedon Road.
The court next considered acceptance of a warranty Deed
for right-of-way on Wheelock Hall Road in Precinct 2. On
motion by Commissioner Thornton, seconded by Commissioner
Jones, the Court voted unanimously to authorize the County
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Commissioners Court meeting June 8, 1999
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Judge to accept on behalf of Brazos County a Warranty Deed
from Wheelock SPJST Lodge No. 94 for the expansion and
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improvements to Wheelock Hall Road.
The County Judge made the following announcements:
a) He has received a document concerning the 2000
census and information on the complete count
committee.
b) The Court would be considering the selection of
a consultant to assist with redistricting.
c) The date has been set for the Brewer trial
(Jasper) to begin August 30 or the 31, 1999.
d) The National Court Conference will be held
September 14 through the 16 in Los Angeles,
California to address a complete court system
e) The Legislature has given the County authority
to require subdivision approval for mobile home
parks in the county.
f) There is a bill on the Governor's desk allowing
County Commissioners Courts to adopt a policy
appointing attorneys and creating a Public
Defender's position.
g) There are currently two employees in the Justice
of the Peace Precinct 5 office. Could they be
temporarily assigned to other JP Courts?
h) There will be a Commissioners Court meeting on
Friday at 10:30 a.m.
i) Departmental budget requests are due in as soon
as possible. Also please schedule appointments for
hearings between July 6 through 23, 1999.
Commissioner Thornton informed the court that the local
Bar Association had adopted a resolution concerning the County
Law Library.
There was no citizen input and/or concerns.
There being no further business to come before the Court,
the meeting was adjourned.
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The foregoing minutes of the Commissioners Court meeting
held June 8, 1999 have been examined and are approved in open
Court this the 21 tr. day of S~ 19 in
Bryan, Brazos County, Texas.
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Alvnin'~ . Jones
County Judge
Wm. Thornton
Commissioner,
Precinct No. 2
It, 10 "
Carey Cau y, Jr.
Commissio er,
Precinct No. 4
s
ny jZo(es'
Commissioner,
Precinct No. 1
Randy Sim
Commissi er•,
Precinct No. 3
ary A Ward
County Clerk
RArm
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 1998-1999 BUDGET YEAR
NO. 98/99 25.1 through 25.4
On this the 8t° of June 1999 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 June 8, 1999 the Court heard and approved a
budget amendment for the 1998-1999 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 1,
1998 the following amendment(s) to the original are hereby
authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 8`" day of June 1999.
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
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-25.1
6/R/9R
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FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
30
3121
516100
312198
Dr.
Hourly-Staff
1,513.00
30
3121
531000
312198
Dr.
Social Security
116.00
30
3121
532000
312198
Dr.
Retirement
167.00
30
490280
312198
Cr.
Transfer from General Fd
1,796.00
Brazos County Grants Fund
Juvenile Services - TJPC - State Aid
To increase hourly staff budget to allow for t
he salary increase effective June 12, 1999, and to
increase the budget transfer from General fund.
01
913200
Dr.
Transfer to B/C Grants Fd
1,796.00
01
310001
516100
Cr.
Hourly-Staff
1,513.00
01
310001
531000
Cr.
Social Security
116.00
01
310001
532000
Cr.
Retirement
167.00
General Fund
To decrease existing personnel budget to fund
salary increase in the TJPC - State Aid grant and to
setup the in
terfund transfer to the Brazos County Grant Fund.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-25.2
6/8/98
ACCT
PROD
DR/CR
ACCOUNT NAME
Increase
Decrease
30
2820
516100
282000
Dr.
Hourly - Staff
59,307.00
30
2820
516150
282000
Dr.
Hourl -Law Enforcement
329,694.00
30
1 2820
516620
282000
Dr.
Overtime
-
30
2820
518100
282000
Dr.
Longevity Pay
3,144.00
30
2820
531000
282000
Dr.
Social Security
29,864.00
30
2820
532000
282000
Dr.
Retirement .
39,149.00
30
2820
533000
282000
Dr.
Employee Health Ins
46,411.00
30
2820
538000
282000
Dr.
Worker's Compensation
6,064.00
30
2820
539000
282000
Dr.
Unemployment Ins
929.00
30
2820
600300
282000
Dr.
Caine Supplies
4,000.00
30
2820
601300
282000
Dr.
Computer Supplies
-
30
2820
601700
282000
Dr.
Copier Supplies
2,000.00
30
2820
606000
282000
Dr.
Office Supplies
13,000.00
30
2820
611100
282000
Dr.
Conference & Seminar
4,890.00
30
2820
611200
282000
Dr.
Confidential Funds
80,000.00
30
2820
612400
282000
Dr.
Drug Testing
600.00
30
2820
614000
282000
Dr.
Insurance-Vehicle
12,240.00
30
2820
614500
282000
Dr.
Miscellaneous Expense
3,000.00
30
2820
614600
282000
Dr.
Pagers
1,004.00
30
2820
617300
282000
Dr.
Telephone - Lon Distance
1,500.00
30
2820
617400
282000
Dr.
Telephone
8,500.00
30
2820
617500
282000
Dr.
Telephone - Cellular
7,200.00
30
2820
618010
282000
Dr.
Travel
20,129.00
30
2820
618800
282000
Dr.
Utilities
7,800.00
30
2820
653200
282000
Dr.
Equipment - Maintenance
6,000.00
30
2820
653500
282000
Dr.
Gasoline/Diesel/Oil
28,800.00
30
2820
659500
282000
Dr.
Vehicle Maintenance
9600
30
2820
725900
282000
Dr.
Professional Fees-Other
16,900.00
30
2820
726800
282000
Dr.
Security Services
300.00
30
2820
802030
282000
Dr.
Computer Hardware
6,000.00
30
2820
808900
282000
Dr.
Vehicle
24,000.00
30
480475
282000
Cr.
NTTF -CJD/Fed Funds
579,017.00
30
460500
282000
Cr.
Matching Funds
193,008.00
NTTF gran
t beginning new year 6/1/99-5/3
1/2000 NDB99 N04 13867
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-25.3
6/8/98
FD
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
30
2830
616800
283000
Dr.
Training
5,000.00
30
2830
618010
283000
Dr.
Travel
22,500.00
30
2830
715020
283000
Dr.
Rental-Facility
2,500.00
30
2830
725900
283000
Dr.
Professional Fees Other
20,000.00
30
480477
283000
Cr.
TNCP-Training Program
50,000.00
Brazos County Grant
Fund
TNCP Training Program
To setup the new grant approved to begin 6/1/1999-5/31/2000. This grant is totally funded with
Federal funds.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 98/99-25.4
6/8/98
FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease
01 221001 802810 DR Equipment-Electronic $ 325.00
01 221001 606000 CR Office Supplies $ 325.00
To transfer funds from the classification of Departmental Support to Capital Improvement
Ito provide for the purchase of a VCR for the 272nd District Court.
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Prepaced'Byi ~APProved'rBy:
Date: date:.:::
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CONTRACT FOR SERVICES
The Brazos Valley Council on Alcohol and Substance Abuse (BVCASA), hereinafter referred to as "BVCASA", and
Brazos County, by this agreement and in consideration of the mutual promises set forth below, agree as follows:
1. BVCASA agrees to provide substance abuse assessment and evaluation services to the Brazos County
Juvenile Services Department, hereinafter referred to as "Juvenile Services", for probationers or clients
detained in the Detention Center of Brazos County Juvenile Services as follows:
A. Written substance abuse assessments/evaluations on probationers and/or clients detained in
Brazos County Juvenile Detention Center which would include substance abuse history, results
of the evaluation, and recommendations;
B. Substance abuse assessmentslevaluations will be submitted to Juvenile Services within seven
11) working days from intake of information;
C. Additional reports and/or recommendations will be made available, if needed, to satisfy
information requests from Juvenile Services or Brazos County Courts;
0. BVCASA will notify the assigned probation officer in the event a probationer fails to report for
services located at BVCASA;
E. BVCASA agrees to adopt and implement workplace guidelines concerning persons with AIDS and
HIV infection and to develop and implement guidelines regarding confidentiality of AIDS and HIV
related medical information for employees of BVCASA and for clients, detainees, and residents
served by BVCASA, in accordance with the provisions found in Acts 1989, 71" legislature, Ch.
1195, Sections 5.03 and 5.04;
F. Charges for written substance abuse assessments/evaluations will be at the rate of $40.00 per
assessment; BVCASA will bill Juvenile Services on the last working day of each month for
services rendered that month. Payment will be made from Juvenile Services to BVCASA within
45 working days.
II. BVCASA agrees to provide additional educational sessions to clients and Staff of Juvenile Services in the
following manner:
A. BVCASA will conduct a discussion session with all clients in Juvenile Detention at the Juvenile
Services Detention Center once weekly; the purpose of such sessions will impart education,
information, and referral sources for alcoholism, drug abuse, and related issues surrounding
alcohol/drug addiction. Juvenile Services will provide suitable space for the sessions to be held,
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B. BVCASA will provide eight sessions interventionleducational programs, Finding Options to Ceasel
Prevent Use of Substance IFOCUS), and 28 session interventionleducation programs, Teen
Intervention Program (TIP), to any client referred from Juvenile Services who meets the eligibility
requirement of program admission. An educational program for parents is a component of both
of these programs;
C. BVCASA will provide educational programs to staff of Juvenile Services, when requested,
providing both agencies can mutually agree upon dates, times and locations of such trainings;
D. BVCASA will provide quarterly educational programs (Juvenile Alcohol and Drug Awareness and
Prevention (JADAP) for all persons on Juvenile Probdtion at the time of quarterly presentations.
Parents will be invited to attend the session;
E. BVCASA will provide the services in II, A, B, C and D at no charge to Juvenile Services until such
time there should be a reduction in funding to BVCASA.
III. The venue of this contract is in Brazos County, Texas, and this contract shag be governed by and in
accordance with the laws of the State of Texas.
IV. This contract may be terminated by either party thirty (30) days subsequent to receipt of written
notification by either party.
V. This contract shall become void if there is a sufficient reduction in funding to BVCASA which would not
permit delivery of the services outlined above.
VI. This contract will become effective January 1, 1999, and will terminate December 31, 1999.
Date Represents a for
Brazos Valley Council on Alcohol and Substance Abuse
5ao~t
Dat E. A. Wentrcek, Jr., Director
Brazos County Juvenile Services Department
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Date Alvin W. nes, County J e
Brazos County, Texas
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BRAZOS COUNTY, TEXAS
Section 125 Plan
SUMMARY PLAN DESCRIPTION
(Restatement effective January 1,1999)
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TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
ARTICLE 11
PARTICIPATION
i
2.1 ELIGIBILITY .
2.2 EFFECTIVE DATE OF PARTICIPATION
2.3 APPLICATION TO PARTICIPATE
2.4 TERMINATION OF PARTICIPATION
2.5 CHANGE OF EMPLOYMENT STATUS
2.6 TERMINATION OF EMPLOYMENT
2.7 DEATH
ARTICLE 111
CONTRIBUTIONS TO THE PLAN
i
3.1 SALARY REDIRECTION
3.2 APPLICATION OF CONTRIBUTIONS
3.3 PERIODIC CONTRIBUTIONS
ARTICLE IV
BENEFITS
4.1 BENEFIT OPTIONS
4.2 HEALTH CARE REIMBURSEMENT PLAN BENEFIT
4.3 DEPENDENT CARE ASSISTANCE PROGRAM BENEFIT
4.4 HEALTH INSURANCE BENEFIT
4.5 DENTAL INSURANCE BENEFIT
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4 6 GROUP-TERM LIFE INSURANCE BENEFIT
4.7 DISABILITY BENEFIT
4.8 VISION INSURANCE BENEFIT
4.9 HOSPITAL INDEMNITY POLICY
4.10 CASH BENEFIT
4.11 NONDISCRIMINATION REQUIREMENTS
ARTICLE V
PARTICIPANT ELECTIONS
5.1 INITIAL ELECTIONS
5.2 SUBSEQUENT ANNUAL ELECTIONS
5.3 FAILURE TO ELECT
5.4 CHANGE OF ELECTIONS
ARTICLE VI
HEALTH CARE REIMBURSEMENT PLAN
6.1 ESTABLISHMENT OF PLAN
6.2 DEFINITIONS
6.3 FORFEITURES
6.4 LIMITATION ON ALLOCATIONS
6.5 NONDISCRIMINATION REQUIREMENTS
6.6 COORDINATION WITH CAFETERIA PLAN
6.7 HEALTH CARE REIMBURSEMENT PLAN CLAIMS
ARTICLE VII
DEPENDENT CARE ASSISTANCE PROGRAM
7.1 ESTABLISHMENT OF PROGRAM
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7.2 DEFINITIONS
7.3 DEPENDENT CARE ASSISTANCE ACCOUNTS
7.4 INCREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS
7.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS
7.6 ALLOWABLE DEPENDENT CARE ASSISTANCE REIMBURSEMENT
7.7 ANNUAL STATEMENT OF BENEFITS .
7.8 FORFEITURES
7.9 LIMITATION ON PAYMENTS
7.10 NONDISCRIMINATION REQUIREMENTS
7.11 COORDINATION WITH CAFETERIA PLAN
7.12 DEPENDENT CARE ASSISTANCE PROGRAM CLAIMS
ARTICLE VIII
ERISA PROVISIONS
8.1 CLAIM FOR BENEFITS
8.2 APPLICATION OF BENEFIT PLAN SURPLUS
8.3 NAMED FIDUCIARY
8.4 GENERAL FIDUCIARY RESPONSIBILITIES
8.5 NON-ASSIGNABILITY OF RIGHTS
ARTICLE IX
ADMINISTRATION
9.1 PLAN ADMINISTRATION
9.2 EXAMINATION OF RECORDS
9.3 PAYMENT OF EXPENSES
9.4 INSURANCE CONTROL CLAUSE
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9.5 INDEMNIFICATION OF ADMINISTRATOR
ARTICLE X
AMENDMENT OF TERMINATION OF PLAN
10.1 AMENDMENT
10.2 TERMINATION
ARTICLE XI
MISCELLANEOUS
11.1 PLAN INTERPRETATION
11.2 GENDER AND NUMBER
11.3 WRITTEN DOCUMENT
11.4 EXCLUSIVE BENEFIT
11.5 PARTICIPANTS RIGHTS
11.6 ACTION BY THE EMPLOYER
11.7 EMPLOYER'S PROTECTIVE CLAUSES
11.8 NO GUARANTEE OF TAX CONSEQUENCES
11.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS
11.10 FUNDING
11.11 GOVERNING LAW
11.12 SEVERABILITY
11.13 CAPTIONS
11.14 CONTINUATION OF COVERAGE
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ARTICLE I
DEFINITIONS
1.1 "Administrator" means the individual(s) or corporation appointed by the Employer to
cant' out the administration of the Plan. In the event the Administrator has not been
appointed, or resigns from prior appointment, the Employer shall be deemed to be the
Administrator.
1.2 "Affiliated Employer" means the Employer and any corporation which is a member of
a controlled group of corporations (as defined in Code Section 414(b)) which includes the
Employer; any trade or business (whether or not incorporated) which is under common
control (as defined in Code Section 414(c)) with the Employer; any organization (whether
or not incorporated) which is a member of an affiliated service group (as defined in Code
Section 414(m)) which includes the Employer; and any other entity required to be
aggregated with the Employer pursuant to Treasury regulations under Code Section
414(0).
1.3 "Benefit" means any of the optional benefit choices available to a Participant as
outlined in Section 4.1.
1.4 "Cafeteria Plan Benefit Dollars" means the amount available to Participants, pursuant
to Article III, to purchase Benefits. Each dollar contributed to this Plan shall be converted
into one Cafeteria Plan Benefit Dollar.
1.5 "Code" means the Internal Revenue code of 1986, as amended or replaced from time
to time.
1.6 "Compensation" means the total cash remuneration received by the Participant from
the Employer, during a Plan Year prior to any reductions pursuant to a Salary Redirection
Agreement authorized hereunder. Compensation shall include any overtime, commissions
and bonuses.
1.7 "Dependent" means any individual who qualifies as a dependent under an Insurance
Contract or under Code Section 152 (as modified by Code Section 105(b)).
1.8 "Effective Date" means March 1, 1987 for the adoption of the Plan. For this
restatement and amendment of the Plan it means January 1, 1999.
1.9 "Election Period" means the period immediately preceding the beginning of each Plan
Year established by the Administrator for the election of Benefits and Salary Redirections,
such period to be applied on a uniform and nondiscriminatory basis for all Employees and
Participants. However, an Employee's initial Election Period shall be determined pursuant
to Section 5.1.
1.10 "Eligible Employee" means any Employee who has satisfied the provisions of Section
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.2 1.
1 11 "Employee" means any person who is employed by the Employer, but excludes any
person who is employed as an independent contractor. However, any Employee who is
a "part-time" Employee shall not be eligible to participant in this Plan. A "part-time"
Employee who works, or is expected to work on a regular basis, less than 32 hours a week
and is designated as a part-time employee on the Employer's personnel records.
1.12 "Employer' means Brazos County and any successor which shall maintain this Plan;
and any predecessor which has maintained this Plan.
1.13 "ERISA" means the Employee Retirement Income Security Act of 1974, as amended
from time to time.
1.14 "Highly Compensated Employee" means, for the purposes of determining
discrimination, an Employee described in Code Section 414(q) and the Treasury
regulations thereunder.
1.15 "Insurance Contract" means any contract issued by an insurer underwriting a Benefit.
1.16 "Insurance Premium Payment Plan" means the plan of benefits contained in Section
4.1 of this Plan, which provides for the payment of Premium Expenses.
1.17 "Insurer' means any insurance company that underwrites a Benefit under this Plan.
•
1.18 "Key Employee" means an Employee defined in Code Section 416(1)(1) and the
Treasury regulations thereunder.
1.19 "Participant" means any Eligible Employee who elects to become a Participant
pursuant to Section 2.3 and has not for any reason become ineligible to participate further
in the Plan.
1.20 "Plan" means this instrument, including all amendments thereto.
1.21 "Plan Year" means the period beginning March 1, 1987 and ended September 31,
1987 the first plan year. Subsequent Plan Years from 1987 through 1993 began
September 1st and ended August 31, 1994. For 1994 the Plan Year began September 1st
and ended December 31, 1994. In subsequent plan years it shall mean January 1st thru
December 31st. In the event a Participant commences participation during a Plan Year,
then the initial period shall be that portion of the Plan Year commencing on such
Participant's date of entry and ending on the last day of such Plan Year.
1.22 "Premium Expenses" or "Premiums" mean the Participant's cost for the insured
Benefits described in Section 4.1
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I 1.23 "Premium Reimbursement Account" means the account established for a Participant
pursuant to this Plan to which part of. his/her Cafeteria Plan Benefit Dollars may be
allocated and from which Premiums of the Participant may be paid or reimbursed. If more
than one type of insured Benefit is elected, sub-accounts shall be established for each type
of insured Benefit.
1.24 "Salary Redirection" means the contributions made by the Employer on behalf of
Participants pursuant to Section 3.1. These contributions shall be converted to Cafeteria
Plan Benefit Dollars and allocated to the funds or accounts established under the Plan
pursuant to the Participants elections made under Article V.
1.25 "Salary Redirection Agreement" or "Salary Reduction Agreement" means an
agreement between the Participant and the Employer under which the Participant agrees
to reduce his/her Compensation or to forego all or part of the increases in such
Compensation and to have such amounts contributed by the Employer to the Plan on the
Participant's behalf. The Salary Redirection Agreement shall apply only to Compensation
that has not been actually or constructively received by the Participant as of the date of the
agreement (after taking this Plan and Code Section 125 into account) and, subsequently
does not become currently available to the Participant.
1.26 "Spouse" means the legally married husband or wife of a Participant, unless legally
divorced by court decree.
ARTICLE II
PARTICIPATION
2.1 ELIGIBILITY
Any Eligible Employee shall be eligible to participate hereunder as of the 1st of the month
following 30 days of active full-time employment (or the Effective Date of the Plan, if later).
If a former Participant is rehired during the same period in which termination of
employment occurs, and such former Participant had revoked existing Benefit elections
and terminated the receipt of Benefits at the time of termination of employment, then such
rehired former Participant shall be prohibited from making new Benefit elections for the
remaining portion of the period.
2.2 EFFECTIVE DATE OF PARTICIPATION
An Eligible Employee shall become a Participant effective as of the date of the first month's
salary redirection, the provisions of which are specifically incorporated herein by reference.
2.3 APPLICATION TO PARTICIPATE
An Employee who is eligible to participate in this Plan shall, during the applicable Election
Period, complete an Election of Benefits and Salary Redirection Agreement form which the
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Administrator shall furnish to the Employee. The Participant's election should be for the
Plan Year during which he wishes to participate in this Plan. Any such Salary Redirection
Agreement shall be effective for the first pay period beginning on or after the Employee's
effective date of participation pursuant to Section 2.2. The election and redirection made
on such form shall be irrevocable until the end of the applicable Plan Year unless the
Participant is entitled to change his/her Benefit elections pursuant to Section 5.4 hereof.
2.4 TERMINATION OF PARTICIPATION
A Participant shall no longer participate in this Plan upon the occurrence of any of the
following events:
(a) His/her termination of employment, subject to the provisions of Section 2.6;
(b) The end of the Plan Year during which he became a limited Participant because of a
change in employment status pursuant to Section 2.5;
(c) His/her death, subject to the provisions of Section 2.7; or
(d) The termination of this Plan, subject to the provisions of Section 10.2.
2.5 CHANGE OF EMPLOYMENT STATUS
If a Participant ceases to be an Eligible Employee because of a change in employment
status or classification (other than through termination of employment), the Participant shall
become a limited Participant in this Plan for the remainder of the Plan Year in which such
change of employment status occurs. As a limited Participant, no further Salary Redirection
may be made on behalf of the Participant, and, except as otherwise provided herein, all
further Benefit elections shall cease, subject to the limited Participant's right to continue
coverage under any Insurance Contracts. However, any balances in the limited
Participant's Health Care Reimbursement Fund or Dependent Care Assistance Account
may be used during such Plan Year to reimburse the limited Participant for any allowable
Medical Expenses or Employment-Related Dependent Care Expenses incurred during the
Plan Year. Subject to the provisions of Section 2.6, if the limited Participant later becomes
an Eligible Employee, then the limited Participant may again become a full Participant in
this Plan, provided he otherwise satisfies the participation requirements set forth in this
Article II as if he were a new Employee and made an election in accordance with Section
5.1.
2.6 TERMINATION OF EMPLOYMENT
If a Participant terminates employment with the Employer for any reason other than death,
his/her participation in the Plan shall be governed in accordance with the following:
(a) With regard to Benefits which are insured, the Participant's participation In the Plan
8
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shall cease, subject to the Participant's right to continue coverage under any Insurance
Contract for which premiums have already been paid.
(b) With regard to the Dependent Care Assistance Program, the Participant's participation
in the Plan shall cease and no further Salary Redirection contributions shall be made.
However, such Participant may submit claims for employment related Dependent Care
Expense reimbursements for the remainder of the Plan Year in which such termination
occurs, based on the level of his/her Dependent Care Assistance Account as of his/her
date of termination.
(c) With regard to the Health Care Reimbursement Plan, the Participant's participation in
the Plan shall cease and no further Salary Redirection contributions shall be made.
However, such Participant may submit claims for expenses incurred during the portion of
the Plan Year preceding his/her date of termination.
(d) In the event a Participant terminates his/her participation in the Health Care
Reimbursement Plan during the Plan Year, if Salary Redirections are made other than on
a pro rata basis, upon termination the Participant shall be entitled to a reimbursement for
any Salary Redirection previously paid for coverage or benefits relating to the period after
the date of the Participant's separation from service regardless of the Participant's claims
or reimbursements as of such date.
(e) This Section shall be applied and administered consistent with such further rights a
Participant and his/her Dependents may acquire pursuant to Code Section 49808 and
Section 11.14 of the Plan.
2.7 DEATH
If a Participant dies, his/her participation in the Plan shall cease. However, such
Participant's beneficiaries, or the representative of his/her estate, may submit claims for
expenses or benefits for the remainder of the Plan Year or until the Cafeteria Plan Benefit
Dollars allocated to each specific benefit are exhausted. A Participant may designate a
specific beneficiary for this purpose. If no such beneficiary is specified, the Administrator
may designate the Participant's Spouse, one of his/her Dependents or a representative of
his/her estate.
ARTICLE 111
CONTRIBUTIONS TO THE PLAN
3.1 SALARY REDIRECTION
Benefits under the Plan shall be financed by Salary Redirections sufficient to support
Benefits that a Participant has elected hereunder and to pay the Participant's Premium
Expenses. The salary administration program of the Employer shall be revised to allow
each Participant to agree to reduce his/her pay during a Plan Year by an amount
9
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determined necessary to purchase the elected Benefit. The amount of such Salary
Redirection shall be specified in the Salary Redirection Agreement (or Salary Reduction
Agreement) and shall be applicable for a Plan Year. Notwithstanding the above, for new
Participants, the Salary Redirection Agreement shall only be applicable from the first day
of the pay period following the Employee's entry date up to and including the last day of
the Plan Year These contributions shall be converted to Cafeteria Plan Benefit Dollars and
allocated to the funds or accounts established under the Plan pursuant to the Participant's
elections made under Article V.
Any Salary Redirection shall be determined prior to the beginning of a Plan Year (subject
to initial elections pursuant to Section 5.1) and prior to the end of the Election Period and
shall be irrevocable for such Plan Year. However, a Participant may revoke a Benefit
election or a Salary Redirection Agreement after the Plan Year has commenced and make
a new election and/or Salary Redirection Agreement with respect to the remainder of the
Plan Year, if both the revocation and the new election are on account of and consistent
with a change in family status and such other permitted events as determined under Article
V of the Plan and consistent with the rules and regulations of the Department of the
Treasury. Salary Redirection amounts shall be contributed on a pro rata basis for each pay
period during the Plan Year. All individual Salary Redirection Agreements (or Salary
Reduction Agreements) are deemed to be part of this Plan and incorporated by reference
hereunder.
•
3.2 APPLICATION OF CONTRIBUTIONS
As soon as reasonably practical after each payroll period, the Employer shall apply the
Salary Redirection to provide the Benefits elected by the affected Participants. Any
contributions made or withheld for the Health Care Reimbursement Fund or Dependent
Care Assistance Account shall be forwarded to the Administrator to be credited to such
fund or account. Amounts designated for the Participant's Premium Expense
Reimbursement Account shall likewise be forwarded to the Administrator to be credited to
such account for the purpose of paying Premium Expenses.
3.3 PERIODIC CONTRIBUTIONS
Notwithstanding the requirement provided above and in other Articles of this Plan that
Salary Redirections be contributed to the Plan by the Employer on behalf of an Employee
on a level and pro rata basis for each payroll period, the Employer and Administrator may
implement a procedure in which Salary Redirections are contributed throughout the Plan
Year on a periodic basis that is not pro rata for each payroll period. However, with regard
to the Health Care Reimbursement Plan, the payment schedule for the required
contributions may not be based on the rate or, amount of reimbursements during the Plan
Year. In the event Salary Redirections are not made on a pro rata basis, upon termination
of participation, a Participant may be entitled to a refund of such Salary Redirections
pursuant to Section 2.6.
10
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I ARTICLE IV
1 BENEFITS
i
4.1 BENEFIT OPTIONS
Each Participant may elect to have the amount of his/her Cafeteria Plan Benefit Dollars
applied to any one or more of the following optional Benefits (if selected by the employer
as indicated by the Adoption Agreement and Summary Plan Description of the Plan):
(1) Health Care Reimbursement Plan
(2) Dependent Care Assistance Program
(3) Insurance Premium Payment Plan
(1) Health Insurance Benefit
(ii) Dental Insurance Benefit
(iii) Group-Term Life Insurance Benefit
(iv) Disability and/or Accident Insurance Benefit
(v) Vision Insurance Benefit
(vi) Cancer Insurance
(4) Cash Benefit
4.2 HEALTH CARE REIMBURSEMENT PLAN BENEFIT
Each Participant may elect coverage under the Health Care Reimbursement Plan option,
in which case Article VI shall apply.
4.3 DEPENDENT CARE ASSISTANCE PROGRAM BENEFIT
Each Participant may elect coverage under the Dependent Care Assistance Program
option, in which case Article VII shall apply.
4.4 HEALTH INSURANCE BENEFIT
(a) Each Participant may elect to be covered under a health and hospitalization Insurance
Contract for the Participant, his or her spouse, and his or her Dependents.
i 11
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(b) The Employer may select suitable health and hospitalization Insurance Contracts for
use in providing this health insurance benefit, which policies will provide uniform benefits
for all Participants electing this Benefit.
(c) The rights and conditions with respect to the benefits payable from such health and
hospitalization Insurance Contract shall be determined therefrom, and such Insurance
Contract shall be incorporated herein by reference.
4.5 DENTAL INSURANCE BENEFIT
(a) Each Participant may elect to be covered under the Employer's dental Insurance
Contract. In addition, the Participant may elect either individual or family coverage under
such Insurance Contract.
(b) The Employer may select suitable dental Insurance Contracts for use in providing this
dental insurance benefit, which policies will provide uniform benefits for all Participants
electing this Benefit.
(c) The rights and conditions with respect to the benefits payable from such dental
Insurance Contract shall be determined therefrom, and such dental Insurance Contract
shall be incorporated herein by reference.
4.6 GROUP-TERM LIFE INSURANCE BENEFIT
•
(a) Each Participant may elect to be covered by the Employers group-term life Insurance
Contract. However, the amount of coverage hereunder on behalf of any Participant may
not exceed the lesser of 3 times such Participant's Compensation or $50,000.
(b) The Employer may select suitable group-term life Insurance Contracts for use in
providing this group-term life insurance benefit, which policies will provide benefits for all
Participants electing this benefit on a uniform basis.
(c) The rights and conditions with respect to the benefits payable from such group-term life
Insurance Contract shall be determined therefrom, and such group-term life Insurance
Contract shall be incorporated herein by reference.
4.7 DISABILITY AND/OR ACCIDENT BENEFIT
(a) Each Participant may elect to be covered by the Employers Disability and/or Accident
Insurance Contracts.
(b) The Employer may select suitable Disability and/or Accident Insurance Contracts for
use in providing this Disability and/or Accident Benefit. The Disability and/or Accident
Insurance Contracts may provide for long-term or short-temp coverage.
12
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(c) The rights and conditions with respect to the Benefits payable from such Disability
and/or Accident Insurance Contract shall be determined therefrom, and such Disability
and/or Accident Insurance Contract shall be incorporated herein by reference.
4.8 VISION INSURANCE BENEFIT
(a) Each Participant may elect to be covered under the Employers Vision Insurance
Contract. In addition, the participant may elect either individual or family coverage.
(b) The rights and conditions with respect to the benefits payable from such vision
Insurance Contract shall be determined therefrom, and such Vision Insurance Contract
shall be incorporated herein by reference.
4.9 CANCER INSURANCE POLICY
(a) Each Participant may elect to be covered under the Employers Cancer Insurance
policy. In addition, the Participant may elect either individual or family coverage.
(b) The rights and conditions with respect to the benefits payable from such Cancer
Insurance policy shall be determined therefrom, and such cancer insurance policy shall be
incorporated herein by reference.
4.10 CASH BENEFIT
If a Participant fails to make any election of Benefit options or does not elect any Salary
Redirections, such Participant shall be deemed to have chosen the Cash Benefit as his/her
sole Benefit option.
S
4.11 NONDISCRIMINATION REQUIREMENTS
(a) It is the intent of this Plan to provide benefits to a classification of employees which the
Secretary of the Treasury finds not to be discriminatory in favor of the group in whose favor
discrimination may not occur under Code Section 125.
(b) It is the intent of this Plan not to provide qualified benefits as defined under Code
Section 125 to Key Employees in amounts that exceed 25% of the aggregate of such
Benefits provided for all Eligible Employees under the Plan. For purposes of the preceding
sentence, qualified benefits shall not include benefits which (without regard to this
paragraph) are includable in gross income.
(c) If the Administrator deems it necessary to avoid discrimination or possible taxation to
Key Employees or a group of employees in whose favor discrimination may not occur in
violation of Code Section 125, it may, but shall not be required to, reject any election or
reduce contributions or non-taxable Benefits in order to assure compliance with this
Section. Any act taken by the Administrator under this Section shall be carried out in a
13
•
uniform and nondiscriminatory manner If the Administrator decides to reject any election
or reduce contributions or non-taxable Benefits, it shall be done in the following manner.
First, the non-taxable Benefits of the affected Participant (either an employee who is highly
compensated or a Key Employee, whichever is applicable) who has elected the highest
amount of non-taxable benefits will be reduced until the discrimination tests set forth in this
Section are satisfied or until the amount of his/her non-taxable Benefits equals the
non-taxable Benefits of the affected Participant who has elected the second highest
amount of non-taxable Benefits. This process shall continue until the nondiscrimination
tests set forth in this Section are satisfied. With respect to any affected Participant who has
had Benefits reduced pursuant to this Section, the reduction shall be made proportionately
among non-insured Benefits, and once all non-insured Benefit are expended,
proportionately among insured Benefits. Contributions which are not utilized to provide
Benefits to any Participant by virtue of any administrative act under this paragraph shall be
forfeited and deposited into the benefit plan surplus.
ARTICLE V
PARTICIPANT ELECTIONS
•
5.1 INITIAL ELECTIONS
An Employee who meets the eligibility requirements of Section 2.1 on the first day of, or
during, a Plan Year may elect to participate in this Plan for all or the remainder of such
Plan Year, provided he elects to do so before his/her effective date of participation
pursuant to Section 2.2. However, if such Employee does not complete an Election of
Benefits and Salary Redirection Agreement form and deliver it to the Administrator before
such date, his/her Election Period shall extend 30 calendar days after such date, or for
such further period as the Administrator shall determine and apply on a uniform and
nondiscriminatory basis. However, any election during the extended 30-day election period
pursuant to this Section 5.1 shall not be effective until the first pay period following the later
of such Participant's effective date of participation pursuant to Section 2.2 or the date of
the receipt of the election form by the Administrator, and shall be limited to the Benefit
expenses incurred for the balance of the Plan Year for which the election is made.
5.2 SUBSEQUENT ANNUAL ELECTIONS
During the Election Period prior to each subsequent Plan Year, each Participant shall be
given the opportunity to elect, on an election of benefits form to be provided by the
Administrator, which Benefit options he wishes to select and purchase with his/her
Cafeteria Plan Benefit Dollars. Any such election shall be effective for any Benefit
expenses incurred during the Plan Year which follows the end of the Election Period. With
regard to Subsequent annual elections, the following options shall apply:
(a) A Participant or Employee who failed to initially elect to participate may elect different
or new Benefits under the plan during the Election Period;
14
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(b) A Participant may terminate his/her participation in the Plan by notifying the
Administrator in writing during the Election Period that he does not want to participate in
the plan for the next Plan Year;
(c) An employee who elects not to participate for the Plan Year following the Election
Period will have to wait until the next Election Period before again electing to participate
in the Plan.
5.3 FAILURE TO ELECT
Any Participant who fails to complete a new benefit election form pursuant to Section
5.2 by the end of the applicable Election Period shall be treated In the following manner.
(a) With regard to Benefits available under the Plan that are non-insured and for which no
Premium Expenses apply, such Participant shall be deemed to have elected not to
participate in the Plan for the upcoming Plan Year. No further Salary Redirections shall
therefore be authorized or made for the subsequent Plan Year for such non-insured
Benefits.
(b) With regard to Benefits available under the Plan that are insured and for which
Premium Expenses apply, such Participant shall be deemed to have made the same
Benefit elections as are then In effect for the current Plan Year. The Participant shall also
be deemed to have elected Salary Redirection in an amount necessary to purchase such
insured Benefit options.
5.4 CHANGE OF ELECTIONS
(a) Any Participant may change a Benefit election after the Plan Year (to which such
election relates) has commenced and make new elections with respect to the remainder
of such Plan Year if the changes are necessitated by and are consistent with a change in
family status which is acceptable under rules and regulations adopted by the Department
of the Treasury. Benefit election changes are consistent with family status changes only
if the election changes are necessary or appropriate as a result of the family status
change. Any new election under this Section 5.4 shall be effective at such time as the
Administrator shall prescribe, but not earlier than the first pay period beginning after the
election form is completed and returned to the Administrator. Any Participant desiring to
make a change of election(s) must notify and make such election(s) within 60 days of an
eligible event. For the purposes of this paragraph, the following events shall be considered
examples of a change in family status:
(1) the marriage or divorce of the Participant;
(2) the birth or adoption of a child by the Participant;
15
VOL,J!.PAGL-.~9
(3) the death of the Participant's spouse or a Dependent;
(4) the termination or commencement of employment of the Participant's spouse,
(5) the switching from part-time to full-time employment status (or from full-time
to part-time status) by the Participant or the Participant's spouse;
(6) the taking of an unpaid leave of absence by the Participant or the
Participant's spouse; or
(7) a significant change in health coverage attributable to the spouse's
employment.
(b) If the Premium Expense under a health insurance Benefit provided by an independent,
third-party provider under the Plan increases or decreases during a Plan Year, then the
Plan shall automatically increase or decrease, as the case may be, the Salary Redirections
of all affected Participants for such health insurance Benefit. Alternatively, if the Premium
Expense increases significantly, the administrator shall permit the affected Participants to
either make corresponding changes in their Premium payments or revoke their elections
and, in lieu thereof, receive on a prospective basis coverage under another health plan with
similar coverage. In addition, if the coverage under a health insurance Benefit provided by
an independent, third-party provider is significantly curtailed or ceases during a Plan Year,
affected Participant's may revoke their elections of such health insurance Benefit and, in
lieu thereof, elect to receive on a prospective basis coverage under another health plan
with similar coverage.
ARTICLE VI
HEALTH CARE REIMBURSEMENT PLAN
6.1 ESTABLISHMENT OF PLAN
This Health Care Reimbursement Plan is intended to qualify as a medical reimbursement
plan under Code Section 105 and shall be interpreted in a manner consistent with such
Code Section and the Treasury regulations thereunder. Participants who elect to
participate in this Health Care Reimbursement Plan may submit claims for the
reimbursement of Medical Expenses. All amounts reimbursed under this Health Care
Reimbursement Plan shall be periodically paid from amounts allocated to the Health Care
Reimbursement Fund. Periodic payments reimbursing Participants from the Health Care
Reimbursement Fund shall in no event occur less frequently than monthly.
6.2 DEFINITIONS
For the purposes of this Article and the Cafeteria Plan, the terns below have the following
meaning:
16
if UL -.PAU
(a) "Health Care Reimbursement Fund" means the fund established for Participants
pursuant to this Plan to which part of their Cafeteria Plan Benefit Dollars may be allocated
and from which all allowable Medical Expenses may be reimbursed.
(b) "Health Care Reimbursement Plan" means the plan of benefits contained in this Article,
which provides for the reimbursement of eligible Medical Expenses incurred by a
Participant or his/her Dependents.
(c) "Highly Compensated Participant" means, for the purposes of this Article and
determining discrimination under Code Section 105(h), a participant who is:
(1) one of the 5 highest paid officers;
(2) a shareholder who owns (or is considered to own applying the rules of
Code Section (318) more than 10 percent in value of the stock of the
Employer; or
(3) among the highest paid 25 percent of all Employees (other than exclusions
permitted by Code Section 105(h)(3)(B) for those individuals who are not
Participants).
(d) "Medical Expenses" means any expense for medical care within the meaning of the
term "medical care" or "medical expense" as defined in Code Section 213 and the rulings
and Treasury regulations thereunder, and not otherwise used by the Participant as a
deduction in determining his/her tax liability under the Code. However, a Participant may
not be reimbursed for the cost of other health coverage such as premiums paid under
plans maintained by the employer of the Participantrs spouse or individual policies
maintained by the Participant or his/her spouse or Dependent. (e) The definitions of Article
I are hereby incorporated by reference to the extent necessary to interpret and apply the
provisions of this Health Care reimbursement Plan.
6.3 FORFEITURES
The amount in the Health Care Reimbursement Fund as of the end of any Plan Year (and
after the processing of all claims for such Plan Year pursuant to Section 6.7 hereof) shall
be forfeited and credited to the benefit plan surplus. In such event, the Participant shall
have no further claim to such amount for any reason, subject to Section 8.2.
6.4 LIMITATION ON ALLOCATIONS
Notwithstanding any provision contained in this Health Care Reimbursement Plan to the
contrary, no more than $2,500.00 may be allocated to the Health Care Reimbursement
Fund by a Participant in or on account of any Plan Year.
17
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•
6 5 NONDISCRIMINATION REQUIREMENTS
(a) It is the intent of this Health Care Reimbursement Plan not to discriminate in violation
of the Code and the Treasury regulations thereunder.
(b) If the Administrator deems it necessary to avoid discrimination under this Health Care
Reimbursement Plan, it may, but shall not be required to, reject any elections or reduce
contributions or Benefits in order to assure compliance with this Section. Any act taken by
the Administrator under this Section shall be carried out in a uniform and nondiscriminatory
manner. If the Administrator decides to reject any elections or reduce contributions or
Benefits, it shall be done in the following manner. First, the Benefits designated for the
Health Care Reimbursement Fund by the member of the group in whose favor
discrimination may not occur pursuant to Code Sections 105 or 125 that elected to
contribute the highest amount to the fund for the Plan Year shall be reduced until the
nondiscrimination tests set forth in this Section or the Code are satisfied, or until the
amount designated for the fund equals the amount designated for the fund by the next
member of the group in whose favor discrimination may not occur pursuant to Code
Sections 105 or 125 who has elected the second highest contribution to the Health Care
Reimbursement Fund for the Plan Year. This process shall continue until the
nondiscrimination tests set forth in this Section or the Code are satisfied. Contributions
which are not utilized to provide Benefits to any Participant by virtue of any administrative
act under this paragraph shall be forfeited and credited to the benefit plan surplus.
6.6 COORDINATION WITH CAFETERIA PLAN
•
All Participants under the Cafeteria Plan are eligible to receive Benefits under this Health
Care Reimbursement Plan. The enrollment under the Cafeteria Plan shall constitute
enrollment under this Health Care Reimbursement Plan. In addition, other matters
concerning contributions, elections and the like shall be governed by the general provisions
of the Cafeteria Plan.
6.7 HEALTH CARE REIMBURSEMENT PLAN CLAIMS
(a) All Medical Expenses incurred by a Participant shall be reimbursed during the Plan
Year subject to 2.6, even though the submission of such a claim occurs after his/her
participation hereunder ceases; but provided that the Medical Expenses were incurred
during the applicable Plan Year.
(b) The Administrator shall direct the reimbursement to each eligible Participant for all
allowable Medical Expenses, up to a maximum of the amount designated by the Participant
for the Health Care Reimbursement Fund for the Plan Year. Reimbursements shall be
made available to the Participant throughout the year without regard to the level of
Cafeteria Plan Benefit Dollars which have been allocated to the fund at any given point in
time. Furthermore, a Participant shall be entitled to reimbursements only for amounts in
excess of any payments or other reimbursements under any health care plan covering the
18
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Participant and/or his/her Spouse or Dependents.
(c) Claims for the reimbursement of Medical Expenses incurred in any Plan Year shall be
paid as soon after a claim has been filed as is administratively practicable; provided
however, that if a Participant fails to submit a claim within the 90 day period immediately
following the end of the Plan Year, those Medical Expense claims shall not be considered
for reimbursement by the Administrator.
(d) Reimbursement payments under this Plan shall be made directly to the Participant.
However, at the discretion of the participant and Administrator, payments may be made
directly to the service provider. The application for payment or reimbursement shall be
made to the Administrator on an acceptable form within a reasonable time of incurring the
debt or paying for the service. The application shall include a written statement from an
independent third party stating that the Medical Expense has been incurred and the
amount of such expense. Furthermore, the Participant shall provide a written statement
that the Medical Expense has not been reimbursed or is not reimbursable under any other
health plan coverage and, if reimbursed from the Health Care Reimbursement Fund, such
amount will not be claimed as a tax deduction. The Administrator shall retain a file of all
such applications.
ARTICLE VII
DEPENDENT CARE ASSISTANCE PROGRAM
7.1 ESTABLISHMENT OF PROGRAM
This Dependent Care Assistance Program is intended to qualify as a program under Code
Section 129 and shall be interpreted in a manner consistent with such Code Section.
Participants who elect to participate in this program may submit claims for the
reimbursement of Employment-Related Dependent Care Expenses. All amounts
reimbursed under this Dependent Care Assistance Program shall be paid from amounts
allocated to the Participant's Dependent Care Assistance Account.
7.2 DEFINITIONS
For the purposes of this Article and the Cafeteria Plan the terms below shall have the
following meaning:
(a) "Dependent Care Assistance Account" means the account established for a Participant
pursuant to this Article to which part of his/her Cafeteria Plan Benefit Dollars may be
allocated and from which Employment-Related Dependent Care Expenses of the
Participant may be reimbursed.
(b) "Dependent Care Assistance Program" means the program of benefits contained in this
Article, which provides for the reimbursement of eligible expenses for the care of the
Qualifying Dependents of Participants.
19
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•
(c) "Earned Income" means earned income as defined under Code Section 32(c)(2), but
excluding such amounts paid or incurred by the Employer for dependent care assistance
to the Participant.
(d) "Employment-Related Dependent Care Expenses" means the amounts paid for
expenses of a Participant for those services which if paid by the Participant would be
considered employment related expenses under Code Section 21(b)(2). Generally, they
shall include expenses for household services or for the care of a Qualifying Dependent,
to the extent that such expenses are incurred to enable the Participant to be gainfully
employed for any period for which there are one or more Qualifying Dependents with
respect to such Participant. The determination of whether an amount qualifies as an
Employment-Related Dependent Care Expense shall be made subject to the following
rules:
(1) If such amounts are paid for expenses incurred outside the Participant's
household, they shall constitute Employment-Related Dependent Care Expenses only if
incurred for a Qualifying Dependent as defined in Section 7.2(f)(1) (or deemed to be, as
described in Section 7.2(f)(1) pursuant to Section 7.2(f)(3)), or for a Qualifying Dependent
as defined in Section 7.2(f)(2) (or deemed to be, as described in Section 7.2(f)(2) pursuant
to Section 72(f)(3))who regularly spends at least 8 hours per day in the Participant's
household;
~J
(2) If the expense is incurred outside the Participant's home at a facility that provides
care for a fee, payment, or grant for more than 6 individuals who do not regularly reside
at the facility, the facility must comply with all applicable state and local laws and
regulations, including licensing requirements, if any; and
(3) Employment-Related Dependent Care Expenses of Participant shall not include
amounts paid or incurred to a child of such Participant who is under the age of 19 or to an
individual who is a dependent of such Participant or such Participant's Spouse.
(e) "Highly Compensated Employee" means an Employee who is a highly compensated
employee within the meaning of Code Section 414(q) and the Treasury regulations
thereunder.
(f) "Qualifying Dependent" means, for Dependent Care Assistance Program purposes,
(1) a Dependent of a Participant who is under the age of 13, with respect to whom
the Participant is entitled to an exemption under Code Section 129(c);
(2) a Dependent or the Spouse of a Participant who is physically or mentally
incapable of caring for himself or herself; or
(3) a child that is deemed to be a Qualifying Dependent described in paragraph (1)
or (2) above, whichever is appropriate, pursuant to Code Section 21(e)(5).
20
if
.
(g) The definitions of Article 1 are hereby incorporated by reference to the extent necessary
to interpret and apply the provisions of this Dependent Care Assistance Program.
7.3 DEPENDENT CARE ASSISTANCE ACCOUNTS
The Administrator shall establish a Dependent Care Assistance Account for each
Participant who elects to apply Cafeteria Plan Benefit Dollars to Dependent Care
Assistance Program benefits.
7.4 INCREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS
A Participant's Dependent Care Assistance Account shall be increased each pay period
by the portion of Cafeteria Plan Benefit Dollar that he has elected to apply toward his/her
Dependent Care Assistance Account pursuant to elections made under Article V hereof.
i
7.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS
A Participant's Dependent Care Assistance Account shall be reduced by the amount of any
Employment-Related Dependent Care Expense reimbursements paid or incurred on behalf
of a Participant pursuant to Section 7.12 hereof.
7.6 ALLOWABLE DEPENDENT CARE ASSISTANCE REIMBURSEMENT
Subject to limitations contained in Section 7.9 of this Program, and to the extent of the
amount contained in the Participant's Dependent Care Assistance Account, a Participant
who incurs Employment-Related Dependent Care Expenses shall be entitled to receive
from the Employer full reimbursement for the entire amount of such expenses incurred
during the Plan Year or portion thereof during which he is a Participant.
7.7 ANNUAL STATEMENT OF BENEFITS
On or before January 31st of each calendar year, the Employer shall furnish to each
Employee who was a Participant and received benefits under Section 7.6 during the prior
calendar year, a statement of all such benefits paid to or on behalf of such Participant
during the prior calendar year.
7.8 FORFEITURES
The Amount in a Participant's Dependent Care Assistance Account as of the end of any
Plan Year (and after the processing of all claims for such Plan Year pursuant to Section
7.12 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the
Participant shall have no further claim to such amount for any reason.
21
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7 9 LIMITATION ON PAYMENTS
11
Notwithstanding any provision contained in this Article to the contrary, amounts paid from
a Participant's Dependent Care Assistance Account in or on account of any taxable year
of the Participant shall not exceed the lesser of the Earned Income limitation described in
Code Section 129(b) or $5,000 ($2,500 if a separate tax return is filed by a Participant who
is married as determined under the rules of paragraphs (3) and (4) of Code Section 21(3)).
7.10 NONDISCRIMINATION REQUIREMENTS
(a) It is the intent of this Dependent Care Assistance Program that contributions or benefits
not discriminate in favor of Highly Compensated Employees or their Dependents, as
prohibited by Code Section 129(d)
(b) It is the intent of this Dependent Care Assistance Program that not more than 25
percent of the amounts paid by the Employer for dependent care assistance during the
Plan Year will be provided for the class of individuals who are shareholders or owners (or
their Spouses or Dependents), each of whom (on any day of the Plan Year) owns more
than 5 percent of the stock or of the capital or profits interest in the Employer.
(c) If the Administrator deems it necessary to avoid discrimination or possible taxation to
Highly Compensated Employees defined under Section 7.2(e) or to principal shareholders
or owners as set forth in this Section, it may, but shall not be required to, reject any election
or reduce contributions or non-taxable benefits in order to assure compliance with this
Section. Any act taken by the Administrator under this Section shall be carried out in a
uniform and nondiscriminatory manner. If the Administrator decides to reject any elections
or reduce contributions or Benefits, it shall be done in the following manner. First, the
Benefits designated for the Dependent Care Assistance Account by the Highly
Compensated Employee that elected to contribute the highest amount to such account for
the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section are
satisfied, or until the amount designated for the account equals the amount designated for
the account of the Highly Compensated Employee who has elected the second highest
contribution to the Dependent Care Assistance Account for the Plan Year. This process
shall continue until the nondiscrimination tests set forth in this Section are satisfied.
Contributions which are not utilized to provide Benefits to any Participant by virtue of any
administrative act under this paragraph shall be forfeited.
7.11 COORDINATION WITH CAFETERIA PLAN
All Participants under the Cafeteria Plan are eligible to receive benefits under this
Dependent Care Assistance Program. The enrollment and termination of participation
under the Cafeteria Plan shall constitute enrollment and termination of participation under
this Dependent Care Assistance Program. In addition, other matters concerning
contributions, elections and the like shall be governed by the general provisions of the
Cafeteria Plan.
22
7.12 DEPENDENT CARE ASSISTANCE PROGRAM CLAIMS
The Administrator shall direct the payment of all such Dependent Care Assistance claims
to the Participant upon the presentation to the Administrator of documentation of such '
expenses in a form satisfactory to the Administrator. However, at the discretion of the
Administrator and the Participant, payments may be made directly to the service provider.
In its discretion in administering the Plan, the Administrator may utilize forms and require
documentation of costs as may be necessary to verify the claims submitted. At a minimum,
the form shall include a statement from an independent third party as proof that the
expense has been incurred and the amount of such expense. In addition, the Administrator
may require that each Participant who desires to receive reimbursement under this
Program for Employment-Related Dependent Care Expenses submit a statement which
may contain some or all of the following information:
(a) The Dependent or Dependents for whom the services were performed;
(b) The nature of the services performed for the Participant, the cost of which he wishes
reimbursement;
(c) The relationship, if any, of the person performing the services to the Participant;
(d) If the services are being performed by a child of the Participant, the age of the child;
(e) A statement as to where the services were performed;
(f) If any of the services were performed outside the home, a statement as to whether the
Dependent for whom such services were performed spends at least 8 hours a day in the
Participant's household;
(g) If the services were being performed in a day care center, a statement
(1) that the day care center complies with all applicable laws and regulations
of the state of residence,
(2) that the day care center provides care for more than 6 individual (other
than individuals residing at the center), and
(3) of the amount of fee paid to the provider.
(h) If the Participant is married, a statement containing the following:
(1) the Spouse's salary or wages if he or she is employed, or
23 I
r~
(2) if the Participant's Spouse is not employed, that
(1) he or she is incapacitated, or
(ii) he or she is a full-time student attending an educational institution
and the months during the year which he or she attended such
institution.
0) If a Participant fails to submit a claim within the 90 day period immediately following the
end of the Plan Year, those claims shall not be considered for reimbursement by the
Administrator.
ARTICLE VIII
ERISA PROVISIONS
8.1 CLAIM FOR BENEFITS
rj
(a) Any claim for Benefits underwritten by an Insurance Contract shall be made to the
Insurer. If the Insurer denies any claim, the Participant or beneficiary shall follow the
Insurer's claims review procedure. Any other claim for Benefits shall be made to the
Administrator. If the Administrator denies a claim, the Administrator may provide notice to
the Participant or beneficiary, in writing, within 90 days after the claim is filed unless special
circumstances require an extension of time for processing the claim. If the Administrator
does not notify the Participant of the denial of the claim within the 90 day period specified
above, then the claim shall be deemed denied. The notice of a denial of a claim shall be
written in a manner calculated to be understood by the claimant and shall set forth
(1) specific references to the pertinent Plan provisions on which the denial is
based;
(2) a description of any additional material or information necessary for the
claimant to perfect the claim and an explanation as to why such information is
necessary; and
(3) an explanation of the Plan's claim procedure.
(b) Within 60 days after receipt of the above material, the claimant shall have a reasonable
opportunity to appeal the claim denial to the Administrator for a full and fair review. The
claimant or his/her duly authorized representative may
(1) request a review upon written notice to the Administrator;
(2) review pertinent documents; and
24
0
4-7
Chou
(3) submit issues and comments in writing.
(c) A decision on the review by the Administrator will be made not later than 60 days after
receipt of a request for review, unless special circumstances require an extension of time
for processing (such as the need to hold a hearing), in which event a decision should be
rendered as soon as possible, but in no event later than 120 days after such receipt. The
decision of the Administrator shall be written and shall include specific reasons for the
decision, written in a manner calculated to be understood by the claimant, with specific
references to the pertinent Plan provisions on which the decision is based.
(d) Any balance remaining in the Participants' Health Care Reimbursement Fund or
Dependent Care Assistance Account as of the end of each Plan Year shall be forfeited and
deposited in the benefit plan surplus of the Employer pursuant to Section 6.3 or Section
7.8, whichever is applicable, unless the Participant had made a claim for such Plan Year,
in writing, which has been denied or is pending; in which event the amount of the claim
shall be held in his/her account until the claim appeal procedures set forth above have
been satisfied or the claim is paid. If any such claim is denied on appeal, the amount held
beyond the end of the Plan Year shall be forfeited and credited to the benefit plan surplus.
8.2 APPLICATION OF BENEFIT PLAN SURPLUS
Any forfeited amounts credited to the benefit plan surplus by virtue of the failure of a
Participant to incur a qualified expense or seek reimbursement in a timely manner may, but
need not be, separately accounted for after the close of the Plan Year (or after such further
time specked herein for'the filing of claim) in which such forfeitures arose. In no event shall
such amounts be carried over to reimburse a Participant for expenses incurred during a
subsequent Plan Year for the same or any other Benefit available under the Plan; nor shall
amounts forfeited by a particular Participant be made available to such Participant in any
other form or manner, except as permitted by Treasury regulations. Amounts in the benefit
plan surplus shall be returned to the employer as soon as administratively feasible.
8.3 NAMED FIDUCIARY
The Administrator shall be the named fiduciary pursuant to ERISA Section 402 and shall
be responsible for the management and control of the operation and administration of the
Plan.
8.4 GENERAL FIDUCIARY RESPONSIBILITIES
The Administrator and any other fiduciary under ERISA shall discharge their duties with
respect to this Plan solely in the interest of the Participants and their beneficiaries and
(a) for the exclusive purpose of providing Benefits to Participants and their beneficiaries
and defraying reasonable expenses of administering the Plan;
25
•
•
(b) with the care, skill, prudence and diligence under the circumstances then prevailing that
a prudent man acting in like capacity and familiar with such matters would use in the
conduct of an enterprise of a like character and with like aims; and
(c) in accordance with the documents and instruments governing the Plan insofar as such
documents and instruments are consistent with ERISA.
8 5 NON-ASSIGNABILITY OF RIGHTS
The right of any Participant to receive any reimbursement under the Plan shall not be
alienable by the Participant by assignment or any other method, and shall not be subject
to the rights of creditors, and any attempt to cause such right to be so subjected shall not
be recognized, except to such extent as may be required by law.
ARTICLE IX
ADMINISTRATION
9.1 PLAN ADMINISTRATION
is
The operation of the Plan shall be under the supervision of the Administrator. It shall be
a principal duty of the Administrator to see that the Plan is carried out in accordance with
its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The
Administrator shall have full power to administer the Plan in all of its details, subject,
however, to the pertinent provisions of the Code. The Administrator's powers shall include,
but shall not be limited to the following authority, in addition to all other powers provided
by this Plan;
(a) To make and enforce such rules and regulations as the Administrator deems necessary
or proper for the efficient administration of the Plan;
(b) To interpret the Plan, the Administrator's interpretations thereof in good faith to be final
and conclusive on all persons claiming benefits under the Plan;
(c) To decide all questions concerning the Plan and the eligibility of any person to
participate in the Plan and to receive benefit provided under the Plan;
(d) To reject elections or to limit contributions or Benefits for certain highly compensated
participants if it deems such to be desirable in order to avoid discrimination under the Plan
in violation of applicable provisions of the Code;
(e) To provide Employees with a reasonable notification of their benefits available under
the Plan;
(f) To approve reimbursement requests and to authorize the payment of benefits; and
26
(g) To appoint such agents, counsel, accountants. consultants, and actuaries as may be
required to assist in administering the Plan. Any procedure, discretionary act,
interpretation or construction taken by the Administrator shall be done in a
nondiscriminatory manner based upon uniform principles consistently applied and shall be
consistent with the intent that the Plan shall continue to comply with the terms of Code
Section 125 and the Treasury regulations thereunder.
9.2 EXAMINATION OF RECORDS
The Administrator shall make available to each Participant, Eligible Employee and any
other Employee of the Employer such records as pertain to their interest under the' Plan
for examination at reasonable times during normal business hours.
9.3 PAYMENT OF EXPENSES
Any reasonable administrative expenses shall be paid by the Employer unless the
Employer determines that administrative costs shall be bome by the Participants under the
Plan or by any Trust Fund which may be established hereunder. The Administrator may
impose reasonable conditions for payments, provided that such conditions shall not
discriminate in favor of highly compensated employees.
9.4 INSURANCE CONTROL CLAUSE
In the event of a conflict between the terms of this Plan and the terms of an Insurance
Contract of a particular Insurer whose product is then being used in conjunction with this
Plan, the terms of the Insurance Contract shall control as to those Participants receiving
coverage under such Insurance Contract. For this purpose, the Insurance Contract shall
control in defining the persons eligible for insurance, the dates of their eligibility, the
conditions which must be satisfied to become insured, if any, the benefits Participants are
I entitled to and the circumstances under which insurance terminates.
9.5 INDEMNIFICATION OF ADMINISTRATOR
The Employer agrees to indemnify and to defend to the fullest extent permitted by law any
Employee serving as the Administrator or as a member of a committee designated as
Administrator (including any Employee or former Employee who previously served as
Administrator or as a member of such committee) against all liabilities, damages, costs and
expenses (including attorney's fees and amounts paid in settlement of any claims approved
by the Employer) occasioned by any act or omission to act in connection with the Plan, if
such act or omission is in good faith.
ARTICLE X
AMENDMENT OR TERMINATION OF PLAN
10.1 AMENDMENT
27
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The Employer, at any time or from time to time, may amend any or all of the provisions of
the Plan without the consent of any Employee or Participant. No amendment shall have
the effect of modifying any benefit election of any Participant in effect at the time of such
amendment, unless such amendment is made to comply with Federal, state or local laws,
statutes or regulations.
10.2 TERMINATION
The Employer is establishing this Plan with the intent that it will be maintained for an
indefinite period of time. Notwithstanding the foregoing, the Employer reserves the right to
terminate the Plan, in whole or in part, at any time. In the event the Plan is terminated, no
further contributions shall be made. Benefits under any Insurance Contract shall be paid
in accordance with the terms of the Contract.
No further additions shall be made to the Health Care Reimbursement Fund or Dependent
Care Assistance Account, but all payments from such fund shall continue to be made
according to the elections in effect until the end of the Plan Year in which the Plan
termination occurs (and for a reasonable period of time thereafter, if required for the filing
of claims), or until the balances of all accounts have been reduced to zero, whichever
occurs first. Any amounts remaining in any such fund or account as of the end of the Plan
Year in which Plan termination occurs shall be forfeited and deposited in the benefit plan
surplus after the expiration of the filing period.
ARTICLE XI
MISCELLANEOUS
•
11.1 PLAN INTERPRETATION
All provisions of this Plan shall be interpreted and applied in a uniform, nondiscriminatory
manner. This Plan shall be read in its entirety and not severed except as provided in
Section 11.12.
11.2 GENDER AND NUMBER
Whenever any words are used herein the masculine, feminine or neuter gender, they shall
be construed as though they were also used in another gender in all cases where they
would so apply, and whenever any words are used herein the singular or plural form, they
shall be construed as though they were also used in the other form in all cases where they
would so apply.
11.3 WRITTEN DOCUMENT
This Plan, in conjunction with any separate written document which may be required by
law, is intended to satisfy the written Plan requirement of Code Section 125 and any
Regulations thereunder relating to cafeteria,plans.
28
0
11.4 EXCLUSIVE BENEFIT
This Plan shall be maintained for the exclusive benefit of the Employees who participate
in the Plan.
11.5 PARTICIPANTS RIGHTS
This Plan shall not be deemed to constitute an employment contract between the Employer
and any Participant or to be a consideration or an inducement for the employment of any
Participant or Employee. Nothing contained in this Plan shall be deemed to give any
Participant or Employee the right to be retained in the service of the Employer or to
interfere with the right of the Employer to discharge any Participant or Employee at any
time regardless of the effect which such discharge shall have upon him as a Participant of
this Plan.
11.6 ACTION BY THE EMPLOYER
Whenever the Employer under the terms of the Plan is permitted or required to do or
perform any act or matter or thing, it shall be done and performed by a person duly
authorized by its legally constituted authority.
11.7 EMPLOYER'S PROTECTIVE CLAUSES
(a) Upon the failure of either the Participant or the Employer to obtain the insurance
contemplated by this Plan (whether as a result of negligence, gross neglect or otherwise),
the Participant's Benefits shall be limited to the insurance premium, if any, that remained
unpaid for the period in question and the actual insurance proceeds, if any, received by the
Employer or the Participant as a result of the Participant's claim.
(b) The Employers liability to the Participant shall only extend to and shall be limited to any
payment actually received by the Employer from the Insurer. In the event that the full
insurance Benefit contemplated is not promptly received by the Employer within a
reasonable time after submission of a claim, then the Employer shall notify the Participant
of such facts and the Employer shall no longer have any legal obligation whatsoever
(except to execute any document called for by a settlement reached by the Participant).
The Participant shall be free to settle, compromise or refuse to pursue the claim as the
Participant, in his/her sole discretion, shall see fit.
(c) The Employer shall not be responsible for the validity of any Insurance Contract issued
hereunder or for the failure on the part of the Insurer to make payments provided for under
any Insurance Contract, or for the action of any person which may delay or render null and
void or unenforceable, in whole or in part, an Insurance Contract. With regard to this
paragraph, the following shall apply:
(1) Once insurance is applied for or obtained, the Employer shall not be liable for
29
Vol.
I
•
any loss which may result from the failure to pay Premiums to the extent Premium notices
are not received by the Employer.
(2) To the extent Premium notices are received by the Employer, the Employer's
liability for the payment of such Premiums shall be limited to the amount of such Premiums
and shall not include liability for any other loss which may result from failure to pay such
Premiums.
(3) The Employer shall not be liable for the payment of any insurance Premium or
any loss which may result from the failure to pay an insurance Premium if the Benefits
available under this Plan are insufficient to provide for the amount of such Premium cost
at the time it is due. In such circumstances the Participant shall be responsible for and see
to the payment of such Premiums.
The Employer shall undertake to notify a Participant if available Benefits under this Plan
are insufficient to provide for an insurance Premium but shall not be liable for any failure
to make such notification.
11.8 NO GUARANTEE OF TAX CONSEQUENCES
•
Neither the Administrator nor the Employer makes any commitment or guarantee that any
amounts paid to or for the benefit of a Participant under the Plan will be excludable from
the Participant fs gross income for federal or state income tax purposes, or that any other
federal or state tax treatment will apply to or be available to any Participant. It shall be the
obligation of each Participant to determine whether each payment under the Plan is
excludable from the Participant's gross income for federal and state income tax purposes,
and to notify the Employer if the Participant has reason to believe that any such payment
is not so excludable. Notwithstanding the foregoing, the rights of Participants under this
Plan shall be legally enforceable.
11.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS
If any Participant receives one or more payments or reimbursements under the Plan that
are not for a permitted Benefit, such Participant shall indemnify and reimburse the
Employer for any liability it may incur for failure to withhold federal or state income tax or
Social Security tax from such payments or reimbursements. However, such indemnification
and reimbursement shall not exceed the amount of additional federal and state income tax
(plus any penalties) that the Participant would have owed if the payments or
reimbursements had been made to the Participant as regular cash compensation, plus the
Participant's share of any Social Security tax that would have been paid on such
compensation, less any such additional income and Social Security tax actually paid by the
Participant.
11.10 FUNDING
30
01
~~Y
Unless otherwise required by law, contributions to the Plan may, but need not be, placed
in trust or dedicated to a specific Benefit, and can be considered general assets of the
Employer. Furthermore, and unless otherwise required by law, nothing herein shall be
construed to require the Employer or the Administrator to maintain any fund or segregate
any amount for the benefit of any Participant, and no Participant or other person shall have
any claim against, right to, or security or other interest in, any fund, account or asset of the
Employer from which any payment under the Plan may be made.
11.11 GOVERNING LAW
This Plan is governed by the Code and the Treasury regulations issued thereunder (as
they might be amended from time to time). In no event shall the Employer guarantee the
favorable tax treatment sought by this Plan. To the extent not preempted by Federal law,
the provisions of this Plan shall be construed, enforced and administered according to the
laws of the State of Texas.
11.12 SEVERABILITY If any provision of the Plan is held invalid or unenforceable, its
invalidity or unenforceability shall not affect any other provisions of the Plan, and the Plan
shall be construed and enforced as if such provision had not been included herein.
11.13 CAPTIONS The captions contained herein are inserted only as a matter of
convenience and for reference, and in no way define, limit, enlarge or describe the scope
or intent of the Plan, nor in any way shall affect the Plan or the construction of any
provision thereof.
11.14 CONTINUATION OF COVERAGE Notwithstanding anything in the Plan to the
contrary, in the event any benefit under this Plan subject to the continuation coverage
requirement of Code Section 4980B becomes unavailable, each Participant will be entitled
to continuation coverage as prescribed in Code Section 49808.
IN WITNESS WHEREOF, this Plan document is hereby executed
this 07w day of J,,,,,19
Brazos County
Signature: tl~_:
31
It
Brazos Valley Workforce Development Board
Worksite Agreement
Employment and Training Program
•
This memorandum of agreement sets forth the individual and mutual responsibilities of the Brazos Valley
Workforce Development Board by and through its agent, Brazos Valley Council of Governments
(hereinafter ("BVCOG"), as the Workforce ("WF") Program Operator;
(hereinafter "subcontractor") and as the worksite agency
(hereinafter called "worksite".
The objective of this agreement is to promote an effective and beneficial expenence for the Worksite and
eligible participants through mutual agreement to responsibilities and objectives by BVCOG, Subcontractor .
and Worksite..
I. Pu se of the WF Fmplovmcnt and Training Program
This special program funded under the Job Training Partnership Act (JTPA), is designed
to provide work experience, training and special transition services to assist participants
to make career choices and obtain labor force exposure. Work experience must be
meaningful, with emphasis placed both on the return to school by dropouts and in-school
youth and on transition to employment for out-of-school participants, both dropouts and
graduates.
2. Allowable Activities and Services
The primary activities of the program are well-supervised work experience, job training,
career orientation, vocational exploration and job rotation. These activities are provided
by the Worksite to coordination with BVCOG and Subcontractor. Supervision of
Participants is a responsibility of the Worksite and is extremely important to the career
development of the youth assigned.
C]
3. SuRervisorv Responsibilities for the Worksite Agency,
Worksite have responsibility for:
D Assuring that the Child Labor provisions of the Fair Labor Standards Act
are adhered to;
Y Instructing the Participant in the performance of his/her job on a daily basis;
D Providing continual supervision by checking the participant's progress at
various t►nnes each day; providing sufficient work to occupy the participant
during working hours; and providing sufficient equipment and materials to
carry out their work assignment,
D Assuring that the Participant does not exceed authorized working hours as
defined in Section 5.4 and that time will not be recorded for payment for
unexcused absences, unworked (tours of recreation, leaves, holidays or
lunch period;
Assuring that the Participant's work time is accurately recorded daily by the
responsible supervisor and is signed for both the supervisor and the
Participant. (A daily time-un and time-out log used in conjunction with the
n7PA Time Sheet Is strongly recommended);
Assuring that the conditions of work are safe and that the Participant work
in a safe manner (SEE SAFETY);
Y Discussing informally with the Participant any minor job-related problems;
D Compliance with the Federal Regulations governing the Employment and
Training Program.
0
PPagee 11 05-03-99
7. AG
4. BVCOG and Subcontractor RMnsibilitiea
BVCOG has the responsibility for.
D Wages and all wage-related cost paid to Participants in a timely and
accurate manner during the entire term of Participants' assignment to
Worksite.
D Pay for, carry and provide adequate Worker's Compensatio0n Insurance for
each Participant during the entire term of Participants assignment to
Worksite
Ile subcontractor implementing the local program has the responsibility for:
D Providing each individual involved in the day to day supervision (including
part-time replacement supervisors) with orientation and training on the
objectives and expectations or the program
D Informing participants of their civil rights and of the established grievance
procedure if they wish to register a complaint or grievance;
1a Counseling participants on personal and job-related matters;
Collecting and verifying participant's time sheets; and
D Monitoring worksites for compliance with state and federal regulations and
this Agreement.
D Assuring that those individuals directly involved in the day-today
supervision of participants receive an orientation and training on the
objectives and expectations of the program.
D Assuring that those individuals (named herein), directly involved in the day-
to-day supervision of participants, receive a copy of this agreement for use
in managing worksite activities.
D Informing Participants or, if a minor, Participants' legal guardian that:
Participants are not employees of the Worksite and therefore wages , any
benefits, workers compensation Insurance and all liability issues are the
responsibilities of BVCOG and that any concerns relating to these issues are
to be addressed directly to BVCOG through the subcontractor.
S. General Provisions
I. Termination of Participants
If a Participant is not perforating satisfactorily, the Subcontractor should be
contacted to discuss the problem. If the problem cannot be resolved, then a
transfer to another worksite or termination from the program will be the
responsibility of the Subcontractor. 'Ilse Subcontractor will work with the
Worksite to ensure that problems will be resolved in a reasonable and mutually
satisfactory manner.
If the situation warrants, the Worksite may suspend a Participant from the
workstation for a period not to exceed two days. In the event of & .suspension,
the Worksite should contact the Subcontractor and BVCOG immediately If
Page 2 05-03-9
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counseling has been provided by the Subcontractor and the situation continues,
the Worksite may request that the participant be removed permanently.
Continuation of work with the worksite agency is at the sole discretion of that
Worksite.
In any event, Participants must be assured of equal, fair and just treatment under
the U.S. Civil Rights Act. Each Participant, upon acceptance into the program.
will have been notified in wnting of his/her rights under the act and of the
procedures to follow in the event he/she has a complaint.
2. Safety and Healthy Environment
It is necessary for the supervisor and the Worksite to comply with the Child
Labor Laws under the Fair Labor Standards Act. Detailed information on the
Child Labor Laws can be found in Child Labor Bulletin 101, a Department of
Labor publication. 'Ilse agency will be in compliance if the following condition
is met, (paraphrased from Bulletin 101):
No Participant under 18 years of age may be employed in any nonagncultural
occupation, which has been declared hazardous by the Secretary of Labor. This
generally applies to any work, which could be considered unsafe or hazardous.
(A detailed list of these occupations is found on pages 9-33 in the Child Labor
Bulletin 101.)
Generally, the following conditions must also be met to help prevent accidents,
which might otherwise occur because of carelessness or laxity on the part of the
participant or the supervisor.
Youth 14 and 15 years of age cannot be assigned to work, which involves
the use of power driven mowers or cutters by these youth. Further details
on the employment of youth 14 and 15 years of age can be found on pages
6-9 in the Child Labor Bulletin 101,
The Worksite and supervisor should take any necessary precautions to
insure a safe worksite for all youths employed dirough this program;
Y No youths under 18 may be assigned to work which requires heavy lifting;
Y All youth involved in moderate lifting as part of the job must be thoroughly
instructed in "safe" lifting procedures and precautions and must be closely
supervised on the job;
Y When a youth is assigned a job which normally requires safety equipment,
special shoes, etc., the youth must be supplied with this equipment and
oriented on the use of such equipment along with safety precautions to be
taken on the job. (Examples of such jobs are grounds work or work in
maintenance and storage yards, warehouses, shops, etc.); and
Y Youths working in painting, ground work, light maintenance, etc., must be
supervised closely eith;r individually or in groups not exceeding six per
supervisors.
Page 3 05-03-99
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3.
In the event an accident does happen on the job, the Participant is covered by
Workers Compensation Insurance held by Brazos Valley Workforce
Development Board which includes the cost of emergency medical treatment as
provided in Section 4. If a minor, contact his parents and get the youth to
his/her doctor, hospital or clinic as soon as possible. Immediately contact the
Subcontractor and BVCOG. If you cannot get in touch with the case manager,
call this number (409) 779-8541 or (800) 386-7200 for further instructions.
i
4. Worksite Time and Attendance Policy -
It is the policy of to
provide standard working hours between 7:00am and 5:00pm with an
appropriate lunch break, 5 days a week. Work may be pernutted at irregular
hours and on Saturdays as long as hours do not exceed 8 hours per day or 40
hours per week.
Because of the nature of the work performed, it is the policy of the Worksite
provide, at the discretion of the workstation supervisor, flexible break periods.
5. This agreement must contain a listing of the following items before any
participant can begin employment or training in the program. Such information
shall be included as Exhibit A to this agreement:
1. Name and address of Worksite/s (if there are more than one); ;
2. Names of the Worksite Supervisors assigned to supervise the activities
of the Participants;
3. Job descriptions of each participant assigned to this Workstation
Agency, and
4. The total number and the names of Participants assigned to each
workstation.
5. Program Starting Date
Program Ending Date
j 6. INDEPENDENT CONTRACTOR. For the purposes of this AGREEMENT and
i 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 party, except as may be explicitly provided for herein or authorized in
writing. It is expressly understood that during the term of their assignment to
Worksite, Participants are NOT employees of the Worksite and any benefits
normally accruing to employees of Worksite do not accrue to Participants,
including, but not limited to, health insurance, Workmen's Compensation
Insurance and liability coverage.
Page 4 05-03-99
~J
7. LIABILITY. To the extent authorized by laws and Constitution of the State of
Texas. BVCOG and SUBCONTRACTOR shall not be liable for any claims
against Worksitc, its employees, or third persons, other than Participants,
BVCOG's and Subcontractor's employee, for damage resulting from or arising
out of activities of Worksitc employees under this Agreement, and Worksitc
agrees to hold BVCOG and Subcontractor hannIcss from any all such claims.
Worksite shall not be liable for any claims against Participants, BVCOG,
Subcontractor, their employees or third persons for damage resulting from or
arising out of activities against participants, BVCOG, Subcontractor employees
under this Agreement; BVCOG agrees to hold Worksitc and Subcontractor
harmless for all such claims arising out of activities of participants and BVCOG
employees, and Subcontractor agrees to hold Worksite and BVCOG harmless
for all such claims arising out of activities of subcontractor employees.
01
13j?-Az,o.s .sr~.i La ri~iF,Z~4
Worksite Print Name BVCOG Representative: Signature Name and
Titlle~~ (WF Center Representative)
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Signa a Name and Vile Subo tractor : Signature Name and Title
92
Date 62 - 42 4
s--,R 7- y~
Date
01
Page 5
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05-03-99
1
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PARTICIPANT JOB DESCRIPTION
s
v
Name of Worksite
Address:
Telephone Number:
i Type of Agency: (City, County, Federal. Private Non-Profit, etc.):
Name of supervisor in charge of workstation:
Name of Worksite (Ex: food service department):
Address of Worksite: Street Number City
Schedule of working hours: Total number of hours per day
Number of days per week
Youth(s) Job Title:
Youth(s) Job Description:
Rainy Day Activities (if not an indoor job):
List equipment on hand to perform work (ex: typewriters, rakes, brooms, small floor polisher, etc):
r
Supervisor's/Depattment Head Signature Date
if this agreement provides for multiple workstations or job descriptions, a separate Job Description form
must be completed for each work station and/or job description.
List the Names of the Worksite Supervisors List the Names of the Participants working at
Assigned to Supcrvise the Activities of the this Workstation with this Job Description.
Participants.
Page 6
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05-03-99
\ l _ ~ ~ a. . .r e. _ ....f _ _.IL..Ji... 4. a a..._~ ~ .....L.. .J.......c.~i a..r~ _ .
1
Total Number Assigned:
AMENDED: Total Number Assigned: Date
Total Number Assigned: Date
Total Number Assigned Date
AMENDED LIST OF PARTICIPANTS
DELETE (NAME OF YOUTH) DELETE (NAME OF YOUTH)
i
5
Page 7 05-03-"
VO .
THIS DEPOSITORY CONTRACT is made and entered into on the date last herein
written by and between the DISTRICT CLERK OF BRAZOS COUNTY, TEXAS,
herein after called "DEPOSITOR," and COMPASS BANK, an Alabama state bank,
authorized by law to do banking business in Bryan, Texas, and now conducting such
business in said Bryan, Texas, hereinafter called "BANK."
DEPOSITOR through action of its' Commissioners Court, hereby designates BANK as
a depository for the period beginning June 1, 1999 for a term of two years (herein the
Initial Term) with an option to renew for another two years, not to extend beyond May
31, 2003, on the same terms and conditions as set forth herein for the Initial Term. This
contract is to cover all accoun!s and funds held in the Registry of the District Clerk of
Brazos County for the Courts of Brazos County by the DEPOSITOR and placed on
deposit with BANK.
11
During the term of this depository contract, the DEPOSITOR will, through appropriate
action of its Commissioners Court, designate the officer, or officers, who singly or jointly
will be authorized to represent and act on behalf of the DEPOSITOR in any and all
matters of every kind arising under this Depository Contract and to (1) execute and
deliver to the BANK funds or fund transfer agreements (and any addenda thereto), (2)
appoint and designate, from time to time, a person or persons who may request
withdrawals, orders for payment or transfers on behalf of the DEPOSITOR in
accordance with the electronic funds or fund transfer agreement and addenda and (3)
make withdrawals or transfers by written instrument.
ICI
BANK's application for Depository Contract is incorporated and made part of this
contract for all purposes; however, to the extent that any provision therein conflicts with
any provision herein, this Depository Contract will control.
IV
DEPOSITOR may arrange for time deposits and BANK may accept and hold such
deposits subject to payment in accordance with the terms of the deposit. In the event
funds for a time deposit are withdrawn from a transaction or savings account, at maturity,
BANK will deposit the principal amount of the time deposit and any accrued interest in
the DEPOSITOR's account from which funds were withdrawn to establish the time
deposit. Interest shall be calculated at the prevailing rates established from time to time
by BANK for similar deposits. Time deposit maturities will not extend beyond the
termination of this Agreement without the express consent of the BANK.
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All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by
collateral as provided for in the Public Fund Collateral Act. Texas Government Code,
Chapter 2257. The total of the market value of the collateral (plus accrued interest or
income to the extent it is not included in such market value obtained as provided herein)
securing such deposits will be in an amount at least equal to the amount of such deposits
increased by the amount of any accrued interest and reduced to the extent that such
deposits are insured by an agency or instrumentality of the United States government.
The market value with respect to any securities (collateral) as of any date and priced on
such date will be obtained from a primary dealer. BANK must receive notification of
new deposits prior to 10:30 A.M. on the day deposits are actually received. Twenty-four
(24) hours notice is necessary on deposits totaling in excess of $1,000,000 during any
banking business day. In no event shall the amount of DEPOSITOR funds on deposit
with BANK pursuant to this depository contract exceed one million dollars without prior
written consent of BANK.
However, failure to give such notice does not excuse the BANK from properly securing
these deposits in accordance with this agreement and the Public Fund Collateral Act
within one (10) business day of the deposit.
•
The Commissioners Court and/or its designated representative has the authority to reject
any collateral offered by BANK which is not deemed to be allowed under the Public
Fund Collateral Act or which is deemed to be of high security risk.
VI
BANK has heretofore or will immediately hereafter deliver to the Federal Reserve Bank
of Dallas, Texas (hereinafter "CUSTODIAN"), collateral of the kind and character above
mentioned of sufficient amount and market value to provide adequate collateral for the
funds of DEPOSITOR deposited with BANK. Said collateral or substitute collateral, as
herein provided for, will be kept and retained by CUSTODIAN in trust so long as the
depository relationship between DEPOSITOR and BANK shall exist hereunder, and
thereafter so long as the deposits made by DEPOSITOR with BANK hereunder, or any
portion thcreol; shall have not been properly paid out by BANK to DEPOSITOR or on
its order. The agreement of the parties to place the collateral with the CUSTODIAN is
attached hereto as Exhibit "D" and made a part hereof for all purposes.
VI1
Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher
lawfully drawn against any deposit and the interest on such deposits, or in case BANK
becomes insolvent or in any manner breaches its contract with DEPOSITOR,
DEPOSITOR shall give written notice of such failure, insolvency or breach to BANK,
and BANK shall have three (3) business days to cure such failure, insolvency or breach.
In the event that BANK shall fail to cure such failure, insolvency or breach within three
(3) business days, the parties hereto authorize the CUSTODIAN to surrender to the
•
2 l:
13....Pma (P LJ
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Commissioners Court in and for the DEPOSITOR the collateral being held by the
GUSTODIAN upon receipt of a certificate whereby the DEPOSITOR, through its
authorized representative, certifies that BANK has failed to perform its obligations under
this contract, has otherwise breached this contract or has become insolvent. The BANK
agrees and hereby instructs the CUSTODIAN that a copy of this agreement attached to
the certificate(s) shall serve as the BANK's consent and approval for the CUSTODIAN
to sell and/or convert the collateral to the use of the DEPOSITOR. The BANK agrees
and is bound to provide any other approvals or consents the CUSTODIAN may require
in order to release the collateral for DEPOSITOR's use. The parties further agree that the
DEPOSITOR may seek an order or declaration or order of a court of lawful jurisdiction
in the event that the BANK does not comply with this provision or in the event the
CUSTODIAN refuses to surrender the collateral to the Commissioners Court, with all
costs and attorney's fees incurred by DEPOSITOR to be reimbursed thereof, pay
DEPOSITOR all damages and losses sustained by it, together with all expenses of any
and every kind incurred by it on account of such failure or insolvency, or sale, accounting
to BANK for the remainder, if any, of said proceeds or collateral remaining unsold.
Vlll
Any sale of such collateral, or any part thereof, made by DEPOSITOR or the
CUSTODIAN, as appropriate, hereunder may be either at public or private sale;
provided, it shall give both the DEPOSITOR, if the sale is made by the CUSTODIAN,
and BANK ten (10) days notice of the time and place where such sale shall take place,
and such sale shall be to the highest bidder therefore for cash. BANK shall not have the
right to bid at such sale.
IX
If BANK shall desire to sell or otherwise dispose of any one or more of said securities
pledged as collateral and deposited with the CUSTODIAN, it may substitute for any one
or more of such securities other securities of the same or greater market value and of the
character authorized herein and by the Public Funds Collateral Act. Such right of
substitution shall remain in full force and may be exercised by BANK as often as it may
desire; provided, however, that the aggregate market value of all collateral pledged
hereunder, shall be at least equal to the amount of collateral required hereunder and by
the Public Funds Collateral Act and other applicable law.
If at any time the aggregate market value of such collateral so deposited with
CUSTODIAN be less than the total sum of the DEPOSITOR's funds on deposit with
said BANK, BANK shall immediately deposit with CUSTODIAN such additional
collateral as may be necessary to cause the market value of such collateral to equal the
total amount of required collateral. BANK shall be entitled to income on securities held
by CUSTODIAN, unless there is insufficient collateral on deposit with the
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CUSTODIAN to cover the public funds as required by law at the time the request is
made. Approval of the DEPOSITOR will be required in all circumstances and if the
collateral deficiency is not cured and the DEPOSITOR's consent is not given (in
writing), the income becomes collateral for public funds to the extent of the collateral
deficiency.
The consent of the DEPOSITOR must be obtained for a security to be released as
collateral. Before a security is released from collateral that is to be replaced, the BANK
must present to the DEPOSITOR the replacement collateral that is being offered, and the
DEPOSITOR must accept such replacement.
X
If at any time the collateral in the hands of the CUSTODIAN shall have a market value
in excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may
authorize the withdrawal of a specified amount of collateral by the BANK based on a
written request from the BANK to the Commissioners Court. BANK shall have the right
at any time and from time to time to substitute new collateral for collateral being held by
TRUSTEE, provided that BANK provides evidence reasonably satisfactory to the
TRUSTEE that sufficicnt collateral will remain after such substitution to satisfy the
requirements of this depository contract and the Public Funds Collateral Act.
XI
Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to
the expiration date by providing advanced written notice to the other party of its election
to do so, and this agreement shall be void from and after the expiration of ninety (90)
days after the receipt of such notice, provided all provisions of this agreement have been
fulfilled.
XII
Ninety (90) days prior to the expiration date of the Initial Term, either party wishing to
exercise its option to renew the contract for an additional two (2) year term (the Option
Period), mush deliver written notice exercising such option to the non-exercising party as
roferred in Article XVI herein.
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XIII
When the relationship of DEPOSITOR and BANK shall have ceased to exist between
DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of
DEPOSITOR, it shall be the duty of the District Clerk to issue a certificate to that effect
to the BANK, the County Treasurer, and the Commissioners Court, and, if all obligations
under this agreement and applicable law have been fulfilled, Commissioners Court will
issue written authorization to the CUSTODIAN to deliver all collateral being held in the
possession of the CUSTODIAN to the BANK.
XIV
This contract is subject to, and incorporates, the current laws governing the relationships
between counties, depositories and custodians/trustees and related entities as established
by the Texas Government Code and any amendments or revisions thereto. BANK
warrants and represents that it shall comply with all applicable laws, rules and regulations
which govern or apply to BANK in connection with this contract. BANK further
warrants that in the event that it is aware of any violation by BANK of applicable laws,
rules and regulations, it will bring the event to the attention of the CUSTODIAN and the
DEPOSITOR immediately and in writing within three (3) business days.
XV
The BANK will provide the District Clerk the gross interest rate factor on a daily basis if
the Trust Cash Management Account is used. All instructions for withdrawals will be in
writing from the District Clerk or his agent, as set out in paragraph II, and verified
verbally by the BANK. This agreement is entered into and is performable in BRYAN,
BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising
out of or related to this contract, or out of any disputes between the parties concerning
.this subject matter of this contract or arising out of the violation or application of any law
governing the subject matter of this agreement (including but not limited to the Public
Funds Collateral Act, Texas Government Code, Chapter 2257) is placed by agreement of
the parties in BRYAN, BRAZOS COUNTY, TEXAS.
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XVI
All notices, demands, or other writings may be delivered by any party hereto to the other,
by United States Mail or other reliable courier at the following addresses:
DEPOSITOR: District Clerk
Brazos County, Texas
300 East 26' Street, Suite 216
Bryan, Texas 77803
WITH COPIES TO: County Judge
Brazos County, Texas
300 East 26' Street, Suite 114
Bryan, Texas 77803
BANK: City President
Compass Bank
2405 Texas Ave. South
College Station, Texas 77840
The address to which any notice, demand, or other writing may be delivered to any party
as above provided may be changed by written notice given by such party to the other two
parties as above provided.
01
XVII
BANK represents that the collateral pledged to DEPOSITOR is not otherwise assigned,
pledged or encumbered and that no lien, or security interests exist other than the security
interest held by the DEPOSITOR pursuant to this agreement. Possession of the
collateral by the CUSTODIAN is intended as perfection of DEPOSITOR's security
interest therein. BANK warrants that the collateral (in the form and amount required by
law) is held by CUSTODIAN for the benefit of DEPOSITOR and as security for
DEPOSITOR's funds.
The Commissioners Court shall deliver to BANK within five (5) working days from the
date of execution of this agreement, a list of those individuals authorized to act on behalf
of the District Clerk in regard to the matters stated herein.
e
ituLL- ,
1
The BANK shall deliver to the Commissioners Court on the date of execution hereof a
Certified Corporate Resolution of its' Board of Directors approving this contract and the
execution thereof. The BANK shall deliver to Commissioners Court on the date of
execution hereof, an executed Collateral Agreement as set forth on Exhibit "A". The
BANK shall deliver to Commissioners Court on the date of execution hereof a Certified
Corporate Resolution of its' Board of Directors indicating the authority of an
individual(s) to pledge collateral on behalf of the BANK.
9
EXECUTED this 'IAV-%-*_day of MI, 199$ by the undersigned duly
authorized officers of the parties hereto.
COMPASS BANK
By:
Name: TGO-A- { E. Fox.
Title: C,M ~(t ,W11tr
Date: _ I ' + k a C"
BRAZOS COUNTY, TEXAS
By: 44. - ..er L
Al Jones, zos Coun Judge
Date: G - S3 - ~o
VOL
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CERTIFICATE OF THE ASSISTANT SECRETARY
OF COMPASS BANK
REGARDING RESOLUTIONS OF THE BOARD OF DIRECTORS
I, Daniel B. Graves, the duly elected and qualified Assistant Secretary of Compass Bank,
an Alabama banking corporation (the "Bank"), hereby certify that the following resolution's were
duly adopted at a meeting of the Board of Directors of the Bank, duly called and held on May 12,
1999, at which a quorum was present and acting throughout; that such resolutions are the only
resolutions of the Board of Directors or the stockholder of the Bank between such date and the
date hereof dealing with the subject matter thereof; and that such resolutions have not been
amended, modified, or rescinded and are in full force and effect as of the date hereof:
WHEREAS, Compass Bank (the "Bank") has entered into deposit
agreements (the "Deposit Agreements") with the governmental and municipal
entities listed on Schedule I attached hereto; and
WHEREAS, the Deposit Agreements designate Compass Bank as a
depository of funds owned by the various municipal and governmental entities
and impose on the Bank certain obligations with respect to those deposits;
•
NOW THEREFORE, IT IS RESOLVED, that the Board of Directors
hereby approves and ratifies the designation of the Bank as a depository for the
public funds covered by the Deposit Agreements and approves, ratifies and
confirms the Deposit Agreements, and the terms and provisions contained therein;
RESOLVED, FURTHER, that in accordance with and as required by the
Deposit Agreements and the provisions of any public funds laws in effect from
time to time in the State of Texas, the Bank shall secure the deposits covered by
the Deposit Agreements that arc in excess of the amount of deposit insurance
coverage provided by the Federal Deposit Insurance Corporation with collateral of
the type required by the Deposit Agreements and applicable law.
I do hereby further certify that "Schedule I" which is attached to this certification is
identical to that Schedule I referred to in the foregoing resolutions and which was presented to
the Board of Directors of the Bank at the meeting at which the foregoing resolutions were
adopted.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Bank this the
17th day of May, 1999.
Daniel B. Grave
Assistant Secretary
Compass Bank
(Corporate Seal)
Schedule 1
1. Greater East Texas Student Loan Corporation
2. Brazos County, Texas District Court Clerk
3. City of Oak Ridge North, Texas
•
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THIS DEPOSITORY CONTRACT is made and entered into on the date last herein
written by and between the DISTRICT CLERK OF BRAZOS COUNTY, TEXAS,
herein after called 'DEPOSITOR,' and FIRST AMERICAN BANK, S.S.B., a Texas
state savings bank, organized under the laws of the United States and authorized
by law to do banking business in Bryan, Texas, and now conducting such business
in said Bryan, Texas, hereinafter called 'BANK.'
DEPOSITOR through action of its' Commissioners Court, hereby designates BANK
as a depository for the period beginning June 1, 1999 for a term of two years
(herein the Initial Term) with an option to renew for another two years, not to
extend beyond May 31, 2003, on the same terms and conditions as set forth
herein for the Initial Term. This contract is to cover all accounts and funds held in
the Registry of the District Clerk of Brazos County for the Courts of Brazos County
by the DEPOSITOR and placed on deposit with BANK.
During the term of this depository contract, the DEPOSITOR will, through
appropriate action of its Commissioners Court, designate the officer, or officers,
who singly or jointly will be authorized to represent and act on behalf of the
DEPOSITOR in any and all matters of every kind arising under this Depository
Contract and to 11) execute and deliver to the BANK funds or fund transfer
agreements (and any addenda thereto), (2) appoint and designate, from time to
time, a person or persons who may request withdrawals, orders for payment or
transfers on behalf of the DEPOSITOR in accordance with the electronic funds or
fund transfer agreement and addenda and (3) make withdrawals or transfers by
written instrument. ,
BANK's application for Depository Contract is incorporated and made part of this
contract for all purposes; however, to the extent that any provision therein
conflicts with any provision herein, this Depository Contract will control.
[li
DEPOSITOR may arrange for time deposits, and BANK may accept and hold such
deposits subject to payment in accordance with the terms of the deposit. In the
event funds for a time deposit are withdrawn from a transaction or savings
account, at maturity, BANK will deposit the principal amount of the time deposit
and any accrued interest in the DEPOSITOR's account from which funds were
withdrawn to establish the time deposit. Interest shall be calculated at the
prevailing rates established from time to time by BANK for similar deposits. Time
deposit maturities will not extend beyond the termination of this Agreement
without the expressed consent of the BANK.
V
All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by
collateral as provided for in the Public Fund Collateral Act. Texas Government
Code, Chapter 2257. The total of the market value of the collateral (plus accrued
interest or income to the extent it is not included In such market value obtained as
provided herein) securing such deposits will be in an amount as least equal to the
amount of such deposits increased by the amount of any accrued interest and
reduced to the extent that such deposits are Insured by an agency or
instrumentality of the United States government. The market value with respect
to any securities (collateral) as of any date and priced on such date will be
obtained from a primary dealer. BANK must receive notification of new deposits
prior to 10:30 A.M. on the day deposits are actually received. Twenty-four (24)
hours' notice is necessary on deposits totaling in excess of 41,000,000 during any
banking business day. In no event shall the amount of DEPOSITOR funds on
deposit with BANK pursuant to this depository contract exceed one million dollars
without prior written consent of BANK.
However, failure to give such notice does not excuse the BANK from properly
securing these deposits in accordance with this agreement and the Public Fund
Collateral Act within one (1) business day of the deposit.
The Commissioners Court and/or its designated representative has the authority to
reject any collateral offered by BANK which is not deemed to be allowed under the
Public Fund Collateral Act or which is deemed to be of high security risk.
a
BANK has heretofore or will immediately hereafter deliver to the Federal Reserve
Bank of Dallas, Texas (hereinafter ' CUSTODIAN" collateral of the kind and
character above mentioned of sufficient amount and market value to provide
adequate collateral for the funds of DEPOSITOR deposited with BANK.
)7 p
VOL
•
VI (continued)
Said collateral or substitute collateral, as herein provided for, will be kept and
retained by CUTODIAN in trust so long as the depository relationship between
DEPOSITOR and BANK shall exist hereunder, and thereafter so long as deposits
made by DEPOSITOR with BANK hereunder, or any portion thereof, shall have not
been properly paid out by BANK to DEPOSITOR or on its order. The agreement of
the parties to place the collateral with the CUSTODIAN Is attached hereto as
Exhibit 'D" and made a part hereof for all purposes.
VII
C~
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40
Should BANK fail at any time to pay and satisfy, when due, any check, draft, or
voucher lawfully drawn against any deposit and the interest on such deposits, or
in case BANK becomes insolvent or in any manner breaches its contract with
DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency or
breach to BANK, and BANK shall have three (3) business days to cure such failure,
insolvency or breach. In the event that BANK shall fail to cure such failure,
insolvency or breach within three (3) business days, the parties hereto authorize
the CUSTODIAN to surrender to the Commissioners Court In and for the
DEPOSITOR the collateral being held by the CUSTODIAN upon receipt of a
certificate whereby the DEPOSITOR, through its authorized representative, certifies
that BANK has failed to perform its obligations under this contract, has otherwise
breached this contract or has become insolvent. The BANK agrees and hereby
instructs the CUSTODIAN that a copy of this agreement attached to the
certificate(s) shall serve as the BANK's consent and approval for the CUSTODIAN
to sell and/or convert the collateral to the use of the DEPOSITOR. The BANK
agrees and is bound to provide any other approvals or consents the CUSTODIAN
may require in order to release the collateral for DEPOSITOR's use. The parties
further agree that the DEPOSITOR may seek an order or declaration or order of a
court of lawful jurisdiction in the event that the BANK does not comply with this
provision or in the event the CUSTODIAN refuses to surrender the collateral to the
Commissioners Court, with all costs and attorney's fees incurred by DEPOSITOR
to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it,
together with all expenses of any and every kind Incurred by It on account of such
failure or Insolvency, or sale, accounting to BANK for the remainder, if any, of said
proceeds or collateral remaining unsold.
L
VIII
Any sale of such collateral, or any part thereof, made by DEPOSITOR or the
CUSTODIAN, as appropriate, hereunder may be either at public or private sale;
provided, it shall give both the DEPOSITOR, If the sale is made by the
CUSTODIAN, and BANK ten (10) days notice of the time and place where such
sale shall take place, and such sale shall be to the highest bidder therefor for cash.
BANK shall not have the right to bid at such sale.
IX
If BANK shall desire to sell or otherwise dispose of any one or more of said
securities pledged as collateral and deposited with the CUSTODIAN, it may
substitute for any one or more of such securities other securities of the same or
greater market value and of the character authorized herein and by the Public
Funds Collateral Act. Such right of substitution shall remain In full force and may
be exercised by BANK as often as it may desire; provided, however, that the
aggregate market value of all collateral pledged hereunder, shall be at least equal
to the amount of collateral required hereunder and by the Public Funds Collateral
Act and other applicable law.
If at any time the aggregate market value of such collateral so deposited with
CUSTODIAN be less that the total sum of the DEPOSITOR's funds on deposit with
said BANK, BANK shall immediately deposit with CUSTODIAN such additional
collateral as may be necessary to cause the market value of such collateral to
equal the total amount of required collateral. BANK shall be entitled to income on
securities held by CUSTODIAN, unless there is insufficient collateral on deposit
with the CUSTODIAN to cover the public funds as required by law at the time the
request is made. Approval of the DEPOSITOR will be required in all circumstances
and if the collateral deficiency Is not cured and the DEPOSITOR's consent is not
given (in writing), the income becomes collateral for public funds to the extent of
the collateral deficiency.
The consent of the DEPOSITOR must be obtained for a security to be released as
collateral. Before a security is released from collateral that is to be replaced, the
BANK must present to the DEPOSITOR the replacement collateral that is being
offered, and the DEPOSITOR must accept such replacement.
X
If at any time the collateral in the hands of the CUSTODIAN shall have a market
value in excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR
may authorize the withdrawal of a specified amount of collateral by the BANK
based on a written request from the BANK to the Commissioners Court. -
9 V 1~.~._..?...YA'U
I
X (continued)
C7
BANK shall have the right at any time and from time to time to substitute new
collateral for collateral being held by TRUSTEE, provided that BANK provides
evidence reasonably satisfactory to the TRUSTEE that sufficient collateral will
remain after such substitution to satisfy the requirements of this depository
contract and the Public Funds Collateral Act.
XI
Either DEPOSITOR or BANK shall have the right to terminate this agreement prior
to the expiration date by providing advanced written notice to the other party of
its election to do so, and this agreement shall be void from and after the expiration
of ninety (90) days after the receipt of such notice, provided all provisions of this
agreement have been fulfilled.
XII
Ninety (90) days to prior to the expiration date of the Initial Term, either party
wishing to exercise its option to renew the contract for an additional two (2) year
term (the Option Period), must deliver written notice exercising such option to the
non-exercising party as referred in Article XVI herein.
XIII
~J
When the relationship of DEPOSITOR and BANK shall have ceased to exist
between DEPOSITOR and BANK, and when BANK shall have properly paid out all
deposits of DEPOSSTOR, it shall be the duty of the District Clerk to issue a
certificate to that effect to the BANK, the County Treasurers, and the
Commissioners Court, and, it all obligations under this agreement and applicable
law have been fulfilled, Commissioners Court will issue written authorization to the
custodian to deliver all collateral being held in the possession of the CUSTODIAN
to the BANK.
XIV
•
This contract is subject to, and incorporates, the current laws governing the
relationships between counties, depositories and custodians/trustees and related
entities as established by the Texas Local Government Code and the Texas
Government Code and any amendments or revisions thereto. BANK warrants and
represents that it shall comply with all applicable laws, rules and regulations which
govern or apply to BANK in connection with this contract. BANK further warrants
that in the event that it is aware of any violation by BANK of applicable laws, rules
and regulations, It will bring the event to the attention of the CUSTODIAN and the
DEPOSSTOR immediately and in writing within three 13) business days.
-75
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XV
The BANK will provide the District Clerk the gross interest rate factor on a daily
basis if the Trust Cash Management Account is used. All instructions for
withdrawals will be in writing from the District Clerk or his agent, as set out in
paragraph II, and verified verbally by the BANK. This agreement is entered into
and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any
legal actions or proceedings arising out of or related to this contract, or out of any
disputes between the parties concerning the subject matter of this contract or
arising out of the violation or application of any law governing the subject matter
of this agreement (including but not limited to the Public Funds Collateral Act,
Texas Government Code, Chapter 2257) is placed by agreement of the parties in
BRYAN, BRAZOS COUNTY, TEXAS.
XVI
All notices, demands, or other writings may be delivered by any party hereto to
the other, by United States Mail or other reliable courier at the following
addresses:
DEPOSITOR: District Clerk
Brazos County, Texas
300 East 26th Street, Suite 216
Bryan, Texas 77803
WITH COPIES TO: County Judge
Brazos County, Texas
300 East 26th Street, Suite 114
Bryan, Texas 77803
BANK: George A. Lea, Executive Vice President
First American Bank, SSB
P.O. Box 1033
Bryan, Texas 77805-1033
The address to which any notice, demand, or other writing may be delivered to
any party as above provided may be changed by written notice given by such
party to the other two parties as above provided.
i
•I
XVII
BANK represents that the collateral pledged to DEPOSITOR is not otherwise
assigned, pledged or encumbered and that no lien, or security interests exist other
than the security interest held by the DEPOSITOR pursuant to this agreement.
Possession of the collateral by the CUTODIAN is intended as perfection of
DEPOSITOR 's security interest therein. BANK warrants that the collateral (in the
form and amount required by law) is held by CUSTODIAN for the benefit of
DEPOSITOR and as security for DEPOSITOR 's funds. The Commissioners Court
shall deliver to BANK within five (5) working days from the date of execution of
this agreement, a list of those individuals authorized to act on behalf of the District
Clerk in regard to the matters stated herein.
The BANK shall deliver to the Commissioners Court on the date of execution
hereof a Certified Corporate Resolution of its' Board of Directors approving this
contract and the execution thereof. The BANK shall deliver to Commissioners
Court on the date of execution hereof, an executed Collateral Agreement as set
forth on Exhibit " D'. The BANK shall deliver to Commissioners Court on the of
execution hereof a Certified Corporate Resolution of its' Board of Directors
indicating the authority of an individual(s) to pledge collateral on behalf of the
BANK
•I
This contract, Brazos County Invitation to Bid No. 97-021, and BANK's response
to Bid No. 97-021 represents the entire agreement between the parties and
supersedes any and all representation or agreement, both oral or written, not
therein reflected. If any conflicts or inconsistencies shall arise among the terms of
this agreement, Bid No. 97-021, and BANK's response to said Bid, the terms of
this Contract shall control, then the terms of Bid No. 97-021 and then the
Response.
EXECUTED this
of the parties heret
FIRST
By:
day of June 1999 by the undersigned duly authorized officers
Name: SSeorsae A. Lea
BRAZOS COUNTY, TEXAS
By:
Date: - 8- 9q
Title: Executive Vice President
Date:
17 77
l
Bank Sipratw7 esoY{ks
By reaclution passed by the Baud of Directors an the 27th day of May 1999. 1
Zo Bailey Secretary . hereby certify that
George A. Lea was authorized to sign the bid and execute the depository oontrxt for the District Cleric of Brazos
County. Teuat
C-;(n 1,4- ~11"
Si ~
ATTEST:
Corporate Seal
-~1
1
-79
•
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A
BOND(
ACCOUNM
BOM3MtyR[P0818 Data: 06/77/99 pledgee Inventory Report Reports: Polo
Tim: 19:66:75 For 06/10/99 Version:
Wass B0l pages: 10
Institutions 191 (First Amrican Bank • Bryan)
P l a d e d I n v e n t o r
Fledge-us Total Par )taterlty Trans) CDSIP Seaulty Description M Pledged Par Collateral-value
F=mfolio Total Deposits settle Sloe Receipt{ Rate/Div Maturity Issued PTI9C MSS pace Par Market-Value
MRRC MkiD.31, DISTRICT CUM (BN4,)
9608090057 916,601.06 07/30/71 16707m91 GaM-II • Pools: 008770 T 916,606.06 957,900.66
~J 1 1.00 07/01/96 0018 6.67500 07/70/7071 07/01/91 7.650,000.00 957,555.94
plsdgeas 916,604.06 916,606.06 951,900.66
Totals s 1.00 7,650,000.00 9S7,S5S.96
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dVINING SPARKS
Help Uoe (901) 762.6464
THIS DEPOSITORY CONTRACT is made and entered Into on the date last heroin written by and between
BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR", and THE FIRST NATIONAL BANK
OF BRYAN. a t a banking association, organized under the laws of the United States and authorized
by law to do banking business in BRAZOS COUNTY. Texas, and now conducting such business in said
BRAZOS COUNTY. Texas, hereinafter called "BANK".
1.
DEPOSITOR through action of its Commissioners Court, hereby designates BANK as a depository for the
period beginning JUNE 1. 1999 for a term of two years with the option to renew for another two years and
not to extend beyond MAY 31.2003. This contract is to cover all accounts owned by the County and all
funds held in trust by the DEPOSITOR and placed on deposit with BANK.
11.
During the term of this depository contract, the DEPOSITOR will, through appropriate action of its
Commissioners Court, designate the officer, or officers, who singly or jointly will be authorized to represent
and act on behalf of the DEPOSITOR in any and all matters of every kind arising under this Depository
Contract and to (1) execute and deliver to the BANK funds or fund transfer agreements (and any addenda
thereto), (2) appoint and designate, from time to time, a person or persons who may request withdrawals,
orders for payment or transfers on behalf of the DEPOSITOR in accordance with the electronic funds or
fund transfer agreement and addenda and (3) make withdrawals or transfers by written instrument.
It
111.
DEPOSITOR may arrange for time deposits, and BANK may accept and hold such deposits subject to
payment in accordance with the terms of the deposit. In the event funds for a time deposit are withdrawn
from a transaction or savings account, at maturity, BANK will deposit the principal amount of the time
deposit and any accrued interest in the DEPOSITORY account from which funds were withdrawn to
establish the time deposit. Time deposit maturities will not extend beyond the termination of this
Agreement without the expressed consent of the BANK.
IV.
All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by collateral as provided for
in the Public Fund Collateral Act (V.A.T.S. Art. 2529d). The total of the market value of the collateral
(plus accrued interest or income to the extent it is not included in such market value obtained as provided
herein) securing such deposits will be in an amount at least equal to the amount of such deposits increased
by the amount of any accrued interest and reduced to the extent that such deposits are insured by an agency
or instrumentality of the United States government. The market value with respect to any securities
(collateral) as of any date and priced on such date will be obtained from a primary dealer. BANK must
receive notification of new deposits prior to 10:30 A.M. on the day deposits are actually received. Twenty-
four (24) hours notice is necessary on deposits totaling in excess of 51,000,000 during any banking business
day.
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However, failure to give such notice does not excuse the BANK from properly securing these deposits in
accordance with this agreement and the Public Fund Collateral Act within one (1) business day of the
deposit.
The Commissioners Court and/or its designated representative has the authority to reject any collateral
offered by BANK which is not deemed to be allowed under the Public Fund Collateral Act or which is
deemed to be of high security risk.
V.
BANK has heretofore or will immediately hereafter deliver to the County Treasurer (hereinafter designated
as "TRUSTEE") or the designated agent of the County Treasurer, collateral of the kind and character above
mentioned of sufficient amount and market value to provide adequate collateral for the funds of
DEPOSITOR deposited with BANK Said collateral or substitute collateral, as herein provided for, will be
kept and retained by TRUSTEE in trust so long as the depository relationship between DEPOSITOR and
BANK shall exist hereunder, and thereafter so long as deposits made by DEPOSITOR with BANK
hereunder, or any portion thereof, shall have not been properly paid out by BANK to DEPOSITOR or on its
order.
VI.
•
Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher lawfully drawn
against any deposit and the interest on such deposits, or in case BANK becomes insolvent or in any manner
breaches its contract with DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency
or breach to BANK, and BANK shall have three (3) business days to cure such failure, insolvency or
breach. In the event that BANK shall fail to cure such failure, insolvency or breach within three (3)
business days, the parties hereto authorize the TRUSTEE to surrender to the Commissioners Court in and
for the DEPOSITOR the collateral being held by the TRUSTEE upon receipt of a certificate whereby the
DEPOSITOR, through its authorized representative, certifies that BANK has failed to perform its
obligations under this contract, has otherwise breached this contract or has become insolvent. The BANK
agrees and hereby instructs the TRUSTEE that a copy of this agreement attached to the certificate(s) shall
serve as the BANK's consent and approval for the TRUSTEE to sell and/or convert the collateral to the use
of the DEPOSITOR. The BANK agrees and is bound to provide any other approvals or consents the
TRUSTEE may require in order to release the collateral for DEPOSITOR's use. The parties further agree
that the DEPOSITOR may seek an order or declaration or order of a court of lawful jurisdiction in the event
that the BANK does not comply with this provision or in the event the TRUSTEE refuses to surrender the
collateral to the Commissioners Court, with all costs and attorney's fees incurred by DEPOSITOR to be
reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it, together with all expenses of
any and every kind incurred by it on account of such failure or insolvency, or sale, accounting to BANK for
the remainder, if any, of said proceeds or collateral remaining unsold.
VI1.
Any sale of such collateral, or any part thereof, made by DEPOSITOR hereunder may be either at public or
private sale; provided, it shall give both TRUSTEE and BANK ten (10) days notice of the time and place
where such sale shall take place, and such sale shall be to the highest bidder therefor for cash.
DEPOSITOR and BANK shall have the right to bid at such sale.
.y
lei J 1 1.1-
X
111-
If Bank shall desire to sell or otherwise dispose of any one or more of said securities pledges as collateral
and deposited with the TRUSTEE, it may substitute for any one or more of such securities other securities
of the same or greater market value and of the character authorized herein and by the Public Funds
Collateral Act. Such right of substitution shall remain in full force and may be exercised by BANK as often
as it may desire; provided, however, that the aggregate market value of all collateral pledged hereunder,
shall be at least equal to the amount of collateral required hereunder and by the Public Funds Collateral Act
and other applicable law.
If at any time the aggregate market value of such collateral so deposited with TRUSTEE be less than the
total sum of the DEPOSITOR's funds on deposit with said BANK. BANK shall immediately deposit with
TRUSTEE such additional collateral as may be necessary to cause the market value of such collateral to
equal the total amount of required collateral. BANK shall be entitled to income on securities held by
TRUSTEE, unless there is insufficient collateral on deposit with the TRUSTEE to cover the public funds as
required by law at the time the request is made. Approval of the DEPOSITOR will be required in all
circumstances and if the collateral deficiency is not seasonable cured and the DEPOSITOR's consent is not
given (in writing), the income becomes collateral for public funds to the extent of the collateral deficiency.
The TRUSTEE's consent as well as the consent of the DEPOSITOR must be obtained for a security to be
released as collateral. Before a security is released from collateral that is to be replaced, the BANK must
present to the TRUSTEE the replacement collateral that is being offered, and the TRUSTEE must accept
such replacement.
IX.
If at any time the collateral in the hands of the TRUSTEE shall have a market value in excess of the sum of
balances due DEPOSITOR by BANK, the DEPOSITOR may authorize the withdrawal of a specified
amount of collateral by the TRUSTEE based on a written request from the BANK to the Commissioners
Court.
X.
Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the expiration date
by providing advanced written notice to the other parry of its election to do so, and this agreement shall be
void from and after the expiration of ninety (90) days after the receipt of such notice, provided all
provisions of this agreement have been fulfilled.
XI.
When the relationship of DEPOSITOR and BANK shall have ceased to exist between DEPOSITOR and
BANK, and when BANK shall have properly paid out all deposits of DEPOSITOR< it shall be the duty of
the TRUSTEE to issue a certificate to that effect to the BANK and the Commissioners Court, and if all
obligations under this agreement and applicable law have been fulfilled, Commissioners Court will issue
written authorization to the TRUSTEE to deliver all collateral being held in the possession of the
TRUSTEE to the BANK.
X11.
This contract is subject to, and incorporates, the current laws governing the relationships between counties,
depositories and custodians/trustees and related entities as established by the Texas Local Government
1.7
10
•
Code and the Vernon's Annotated Texas Civil Statutes and any amendments or revisions thereto. BANK
warrants and represents that it shall comply with all applicable laws, rules andregulations which govern or
apply to this contract. BANK further warrants that in the event that it is aware of any violation of
applicable laws, rules and regulations, it will bring the event to the attention of the TRUSTEE and the
DEPOSITOR immediately and in writing within three (3) business days.
XIII.
This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and the venue
of any legal actions or proceedings arising out of or related to this contract, or out of any disputes between
the parties concerning the subject matter of this contract or arising out of the violation or application of any
law governing the subject matter of this agreement (including but not limited to the Public Funds Collateral
Act, Art. 2529d) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS.
XIV.
Il
u
All notices, demands, or other writings may be delivered by any party hereto to the other, by United States
Mail or other reliable courier at the following addresses:
DEPOSITOR:
CUSTODIAN OF FUNDS:
Al Jones, County Judge
Brazos County, Texas
300 East 26i' Street
Bryan, Texas 77803
Brazos County, Texas
300 East 26i° Street
Bryan, Texas 77803
TRUSTEE OF COLLATERAL: Brazos County Treasurer
Brazos County, Texas
300 East 26°i Street
Bryan, Texas 77803
BANK THE FIRST NATIONAL BANK OF BRYAN
P.O. BOX 833
BRYAN. TEXAS 77805-0833
The address to which any notice, demand, or other writing may be delivered to any party as above provided
may be changed by written notice given by such party to the other two parties as above provided.
XV.
1W
BANK represents that the collateral pledged to DEPOSITOR is not other wise assigned, pledged or
encumbered and that no lien, or security interests txist other than the security interest held by the
DEPOSITOR pursuant to this agreement. Possession of the collateral by the TRUSTEE is intended as
perfection of DEPOSITOR's security interest therein. BANK warrants that the collateral (in the form and
amount required by law) is held by TRUSTEE for the benefit of DEPOSITOR and as security for
DEPOSITOR's funds.
r
The County shall deliver to BANK within five (S) working days fiom the date of execution of this
agreement, a list of those individuals authorized to act on behalf of the Court and the Clerks.
The BANK shall deliver to County on the date of execution hereof a Certified Corporate Resolution of its
Board or Directors approving this contract, the execution thereof and indicating the authority of an
individual(s) to pledge collateral on behalf of the BANK.
EXECUTED this ].M day of May. 1999 by the undersigned duly authorized officers of the parties hereto.
FOR BANK: THE FIRST NATIONAL BANK OF BRYAN
(M~IyK~E A. HOLMGREEN DATE: May 13. 1999
1,1 / & A Executive Vice President
(91 are) (Tide)
FOR BRAZOS COUNTY:
(NA E)
(Signature)
THE STATE OF TEXAS
COUNTY OF BRAZOS
DATE: G za_~
(ride)
BEFORE ME, on this day personally appeared Mike A. Holmg=, Executive Vice President of The First
National Bank of Bryan BANK, known to me the person whose name is subscribed to the forgoing
instrument, and acknowledged to me that he/she executed the same as the act and deed of theThe First
National Bank BANK a corporation, for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this theln of May 1999.
TAMMY L. BURCH tV
Notary Pubtic. State d Texas
my commisslon Wren Notary Publics to o Texas
' MAY 15.20D2
Printed N ni urc
Commission Expires: 05-15.2002
• TtIE STATE TEXAS
COUNTY OF B RAZ.OS ~}y 2
BEFORE ME, on this day personally appeared
of BRAZOS COUNTY, TEXAS known to me the
person whose name I u cribed t the forgoing instrument, and acknowledged to me that he executed the
same as the act and Peed of the BRAZOS COUNTY, TEXAS, for the purpose and consideration therein
expressed and in the capacity therein stated.
GIV UNDER MY HAND AND SEAL OF OFFICE, this the 8 of
EXPIRES
M
'j;~p • • N ary Publi tate of Texas
Ec BEA7RIZ D.GREEN
Printed Name:MY COMMISSION EXPIRES
' June It. 20M
Commission Expires:
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11
RANK DEPOSITORY CONTRACT
.-;~a. ti;•'~ ;-,+•~!I~s+.; rte'
THIS DEPOSITORY CONTRACT is made and entered into on the date last herein %%Titten by
and between the DISTRICT CLERK OF BRAZOS COUNTY, TEXAS herein aC~tercalled
N
"DEPOSITOR," and FIRST FEDERAL SAVINGS BANK
organized under the laws of the United States and authorized by law to do banking business in
Bryan, Texas, and now conducting such business in said Bryan, 'T'exas, hereinafter called
"BANK."
I
DEPOSITOR through action of its' Commissioners Court, hereby designates BANK as a
depository for the period beginning JUNE 1.1999:or a term of t%vo years (herein the Initial Tenn)
with an option to renew for another two years, not to extend beyond May 31, 2003, on the same
terms and conditions as set forth herein for the Initial 'fern,. This contract is to cover all
accounts and funds held in the Registry of the District Clerk of Brazos County for the Courts of
Brazos County by the DEPOSITOR and placed on deposit with BANK.
Ili
During the term of this depository contract, the DEPOSITOR will, dtrough appropriate action of
its Commissioners Court, designate the officer, or officers, who singly or jointly will be
authorized to represent and act on behalf of the DEPOSITOR in any and all matters of every
kind arising under this Depository Contract and to (1) execute and deliver to the BANK funds or
fund transfer agreements (and any addenda thereto), (2) appoint and designate, from time to time,
a person or persons who may request withdrawals, orders for payment or transfers on behalf of
tl}e DEPOSITOR in accordance with the electronic funds or fund transfer agreement and
addenda and (3) make withdrawals or transfers by written instrument.
III
BANK's application for Depository Contract is incorporated and made part of this contract for
all purposes; however, to the extent that any provision therein conflicts with any provision .
herein, this Depository Contract will control.
IV
DEPOSITOR may arange:f0'r, time deposits, and BANK may accept and hold such deposits
subject to payment in accordance with the terns of the deposit. In the event funds for a time
- deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the
principal amount of the time deposit and any accrued interest in the DEPOSITORYs account
from which funds were withdrawn to establish the time deposit. Interest shall be calculated at
the' prevailing rates established from time to time by BANK for similar deposits. Time deposit
maturities will not extend beyond the termination of this Agreement without the expressed
consent of the BANK.
1W
V
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9~
All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by collateral as
provided for in the Public Fund Collateral Act. Texas Government Code, Chapter 2257. The
total of the market value of the collateral (plus accrued interest or income to the extent it is not
included in such market value obtained as provided herein) securing such deposits will be in all
amount at least equal to the amount of such deposits increased by the amount of any accrued
interest and reduced to the extent that such deposits are insured by an agency or instrumentality
of the United States government. The market value with respect to any securities (collateral) as
of any date and priced on such date will be obtained from a primary dealer. BANK must receive
notification of new deposits pnor to 10:30 A.M. on Elie day deposits are actually received.
Twenty-four (24) hour: =ice is necessary on deposits totaling in excess of 51,000,000 during
any banking business day. In no event shall the amount of DEPOSITOR funds on deposit with
BANK pursuant to this depository contract exceed one million dollars without prior written
consent of BANK.
However, failure to give such notice does not excuse the BANK from properly securing these
deposits in accordance with this agreement and the Public Fund Collateral Act within one (1)
business da% of the deposit.
The Commissioners Court and/or its designated representative has the authority to reject any
collateral offered by BANK which is not deemed to be allowed under the Public Fund Collateral
Act or which is deemed to be of high security risk.
VI
BANK has he'retofore or will immediately hereafter deliver to the Federal Reserve Bank of
Dallas, Texas (hereinafter "CUSTODIAN'), collateral of the kind and character above
mentioned of sufficient amount and market value to provide adequate collateral for the funds of
DEPOSITOR deposited with BANK. Said collateral or substitute collateral, as herein provided
for, will be kept and retained by CUSTODIAN in trust so Ion; as the depository relationship
between DEPOSITOR and BANK shall exist hereunder, and thereafter so long as deposits made
by DEPOSITOR with BANK hereunder, or any portion thereof. shall have not been properly
paid out by BANK to DEPOSITOR or on its order. The agreement. of the parties to place the.
collateral with the CUSTODIAN is attached hereto as Exhibit "D" and made a part hereof for all
purposes.
VII
Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher
lawfully drawn against any deposit and the interest on such deposits, or in case BANK becomes
insolvent or in any manner breaches its contract with DEPOSITOR, DEPOSITOR shall give
written notice of such failure, insolvency or breach to BANK, and BANK shall have three (3)
business days to cure such failure, insolvency or breach. In the event that BANK shall fail to
cure such failure, insolvency or breach within three (3) business days, the parties hereto authorize
the CUSTODIAN to surrender to the Commissioners Court in and for the DEPOSITOR the
collateral being -.held by the CUSTODIAN upon receipt of a certificate whereby the
DEPOSITOR, through its~'authodzod representative., certifies that BANK has failed to perform
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VII (continued)
its obligations under this contract, has otherwise breached this contract or has become insolvent.
ThQ BANK agrees and hereby instructs the CUSTODIAN that a copy of this agreement attached
to the certificate(s) shall serve as the BANK's consent and approval for the CUSTODIAN to sell
and/or convert the collateral to the use of the DEPOSITOR. The BANK agrees and is bound to
provide any other approvals or consents the CUSTODIAN may require in order to release the
collateral for DEPOSITOR's use. The parties further agree that the DEPOSITOR may seek an
order or declaration or order of a court of lawful jurisdiction in the event that the BANK does not
comply with this provision or in the event the CUSTODIAN refuses to surrender the collateral
to the Commissioners Court, with all costs and attomey's fees incurred by DEPOSITOR to be
reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it, together %vith all
expenses of any and every kind incurred by it on account of such failure or insolvency, or sale,
accounting to BANK for the remainder, if any, of said proceeds or collateral remaining unsold.
VIII
If BANK shall desire to sell or otherwise dispose of any one or more of said securities pledged as
collateral and deposited with the CUSTODIAN, it may substitute for any one or more of such
securities other securities of the same or greater market value and of the character authorized
hbrein and by the Public Funds Collateral Act. Such right of substitution shall remain in full
f(5rce and may be exercised by BANK as often as it may desire; provided, however, that the
aggregate market value of all collateral pledged hereunder,. shall be at least equal to the amount
of collateral required hereunder and by the Public Funds Collateral Act and other applicable law.
If at any time the aggregate market value of such collateral so deposited with CUSTODIANN be
less than the total sum of the DEPOSITOR's funds on deposit with said BANK, BANK shall
immediately deposit with CUSTODIAN such additional collateral as may be necessary to cause
the market value of such collateral to equal the total amount of required collateral. BANK shall
be entitled to income on secudUes held by CUSTODIAN, unless there is insufficient collateral
on deposit with the CUSTODIAN to cover the public funds as required by law at the time the
request is made. Approval of the DEPOSITOR will be required in all circumstances and if the
collateral deficiency is not cured and the DEPOSITOR's consent is not given (in writing), the
income becomes collateral for public funds to the extent of the collateral deficiency.
The consent of the DEPOSITOR must be obtained for a security to be released as collateral.
Before a security is released from collateral that is to be replaced, the BANK must present to the
DEPOSITOR the replacement collateral that is being offered, and the DEPOSITOR must
accept such replacement.
0 e 17
111
Any sale of such collateral, or any part thereof, made by DEPOSITOR or the CUSTODIAN, as
• appropriate, hereunder may be either at public or private sale; provided, it shall give both the
DEPOSITOR, if the sale is made by the CUSTODIAN, and BANK ten (10) days notice of the
time and place where such sale shall take place, and such sale shall be to the highest bidder
therefor for cash. BANK shall not have the right to bid at such sale.
IX
11
X
If at any time the collateral in the hands of the CUSTODIAN shall have a market value in excess
of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may authorize the
withdrawal of a specified amount of collateral by the BANK based on a written request from the
BANK to the Commissioners Court. BANK shall have the right at any titne and from time to
time to substitute new collateral for collateral being held by TRUSTEE, provided that BANK
provides evidence reasonably satisfactory to the TRUSTEE that sufficient collateral will remain
after such substitution to satisfy the requirements of this depository contrac: and the Public
Funds Collateral Act
XI
Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the
expiration date by providing advanced written notice to the other party of its election to do so,
and this agreement shall be void froth and after the expiration of ninety (90) days after the receipt
of such notice, provided all provisions of this agreement have been fulfilled.
XII
Ninety (90) days prior to the expiration date of the Initial Term, either party wishing to exercise
its option to renew the contract for an additional two (2) year term (the Option Period), must
deliver written notice exercising such option to the non-exercising party as referred in Article
XVI herein.
XIII
•
When the relationship of DEPOSITOR and BANK shall have ceased to exist between
DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of
DEPOSITOR, it shall be the duty of the District Clerk to issue a certificate to that effect to the
BANK, the County Treasurer, and the Commissioners Court, and, if all obligations under Ellis
agreement and applicable law have been Hftlled, Commissioners Court will issue writte.
authorization to the CUSTODIAN to deliver all collateral being held in the possession of the
CUSTODIAN to the BANK.
XI V
This contract is subject to; and incorporates, the current laws goveming the relationships between
counties, depositories and custodians/trustees and related entities as established by the Texas
Local Government Code and the Texas Government Code and any amendments or revisions
thereto. BANK warrants and represents that it shall comply with all applicable laws, rules and
regulations which govern or apply to BANK in connection with this contract. BANK fiuther
warrants that in the event that it is aware of any violation by BANK of applicable laws, rules and
regulations, it will bring the event to the attention of the CUSTODIAN and the DEPOSITOR
immediately and in writing within three (3) business days.
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XV
The BANK will provide the District Clerk the gross interest rate factor on a daily basis if the
Trust Cash Management Account is used. All, instructions for withdrawals will be in writing
from the District Clerk or his agent, as set out in paragraph 11, and verified verbally by the
BANK. This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY,
TEXAS, and the venue of any legal actions or proceedings arising out of or related to this
contract, or out of any disputes between the parties concerning the subject matter of this contract
or arising out of the violation or application of cny law governing the subject matter of this
agreement (including but not limited to the Public Funds Collateral Act, Texas Government
Code. Chapter 2257) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY,
TEXAS.
XVI
All notices, demands, or other writings may be delivered by any party hereto to the other, b%
United States Mail or other reliable courier at the following addresses:
DEPOSITOR: District Clerk
Brazos County, Texas
300 East 26th Street, Suite 216
Bryan, Texas 77803
WITH COPIES TO: County Judge
Brazos County, Texas
300 East 26th Street, Suite 114
Bryan, Texas 77803
BANK: FIRST FEDERAL SAVINGS BANK
P 0 BOX 3758
BRYAN, TX 77805
The address to which any notice, demand, or other writing may be delivered to any party as
above provided may be changed by written notice given by such party to the other two parties as
above provided.
XVII
BANK represents that the collateral pledged to DEPOSITOR is not other wise assigned,
pledged or encumbered and that no lien, or security interests exist other than the security interest
held by the DEPOSITOR pursuant to this agreement. Possession of the collateral by the
CUSTODIAN is intended as perfection of DEPOSITOR's security interest therein. BANK
warrants that the collateral (in the form and amount required by law) is held by CUSTODIAN
for the benefit of DEPOSITOR and as security for DEPOSITOR's funds.
XVII (continued)
The Commissioners Court shall deliver to BANK within five (5) working days from the date of
execution of this agreement, a list of those individuals authorized to act on behalf of the District
Clerk in regard to the matters stated herein.
The BANK shall deliver to the Commissioners Court on the date of execution hereof a Certified
Corporate Resolution of its' Board of Directors approving this contract and the execution ttiereof.
The BANK shall deliver to Commissioners Court on the date of execution hereof, an executed
Collateral Agreement as set forth on Exhibit "D". The RAND shall deliver to Commissioners
Court on the date of execution hereof a Cenified Cotporatc Resolution of its* Board of Directors
indicating the authority of an individual(s) to pledge collateral on bchalf of the (SANK.
F~
EXECUTED this a
officers of the parties hereto.
FIRST FEDERAL SAVINGS BANK
X7C5El~tX3C~3;k~.~. ifilC~i~~C~C}@CX
ds%, of MO y,9%Y the undersigned duly authorized
BRAZOS COLNITY, TEXAS
sy.: L 1 B~~:
A Jones, Braz s/County judge
Natile: MARY L. HEGAR Date: t/._-A-4e
Title: SR. VP
Date: J y-99
b•
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April 27,1999
Attn: Marc Hamlin
Brazos County District Clerk
P.O. Box 2208
Bryan, TX 77806
Dear Marc,
We are pleased to accept the invitation to extend *.e Depository Contract between
Norwest Bank Texas, N.A. and the Brazos County District Clerk. This renewal shall
commence on June 1, 1999 for a term of two years with an additional 2 year option to
renew, not to extend beyond May 31, 2003. Terms of the original contract dated June 12,
1997 shall remain in effect with the exception of Addendum #3, which addresses Trust
Cash Accounts.
Norwest Bank no longer offers Trust Cash as an investment vehicle, but has replaced it
with InvestAccount, another sweep account product designed to work much the same
way as Trust Cash. We would be pleased to discuss this product further with you, should
you like.
We value the association we have developed with Brazos County over the years and look
forward to continued service to your office and the community through our on-going
relationship.
Should you have any questions, please do not hesitate to give me a call at 776-3299.
Sincerely,
/_O~
onald E. Hale
Vice Chairman
REH/Imw
Ronald E Hale
Vice Chairman
Bryan Community Banking
Norwest Bank Texas, N.A.
Bryan Office
3000 Briarcrest Drive
Post Office Drawer 913
Bryan, texas 77805-0913
Bus: 4091776-3299
Fax: 4091776-3216
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THE STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, on this day personally appeared Mervin D. Peters, President - Bryan
Community Banking and Chairman
•
of Norwest Bank Texas, N.A. - Bryan/College Station BANK, known to methe
person whose name is subscribed to the forgoing instrument, and aclmowledged to me that '
he/she executed the same as the act and deed of the Norwest Bank Texas, N.A. - Bryan/College Station
BANK a corporation, for the purpose and consideration therein expressed and in the capacity
Therein state!. t
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GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 27th of April 11999
LMDA M. WHMELD
t Notary Pubic, State d To%" Notary Public. State of
W,CTM"R E)01
Printed Name:
Commission Expires: 10/l/2001
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This extension of Brazos County Bid No. 97-021 is agreed to by representatives of the BAND and
BRAZOS COUNTY as evidenced by their signatures below. examrted this g day ofd
1999 by the duly authorized officers of the parties hereto.
NORWEST BANK TEXAS( BRAZOS COUNTY. TEXAS
By: By:
AlTones, Brat County Judge
Name: Mervin D. Peters Date:
Title: President - Bryan Community Banking
Chairman o orwea an Texas, N.A.-
Bryan/College Station
Date: 4/27199
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BEFORE ME, on this day pe Ily appeared
of B OS COUNTY, TEXAS
known to me the person ose a is sr scribed to the forgoing instrument, and acknowledged
to me that he executed the same as the act and deed of the BRAZOS COUNTY, TEXAS, for the
purpose and consideration therein expressed and in the capacity therein slated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this, the O of Apw1, 1999;
01
UE,%TRIy 0. ClI UGN '
' MY COmAti:3it)N tUtYlflti3 otary Public. S e f Texas ,
June It. 2002 1 Xi
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JUN 2 5 1999 CITY OF BRYAN
t;111 t;r SMYrI~r
Orv.LoW ITSERVICES S N[T RY SEWER LINE EASE11~r1't'
THE STATE OF TEXAS $
COUNTY OF BRAZOS I
KNOW ALL MEN BY THESE PRESENTS:
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That I, We, Brazos County of the County of Brazos, State of Texas, for an n
consideration of the sum of $ 10.00, paid by the City of Bryan, a Municipal Corporation of Brl&s
County, Texas, the receipt of which is hereby acknowledged, and the further consideration of1he
enhancement of the value of the land hereinafter described, have granted, bargained, and conveyed,Id
by these presents, do grant, bargain, and convey unto the City of Bryan, its successors and assigns, a
Sanitary Sewer Line Easement for the purpose of constructing and maintaining a sanitary sewer line of
said City, on and across a certain tract of land situated in Brazos County, Texas, and described as follows:
Lot 1, Block 1 of the Brazos County Complex, Phase One as recorded in Volume 1152,
Page 427 of the Official Records of Brazos County, Texas.
Said Sanitary Sewer Line Easement being more particularly described as follows:
Being a 10 foot Sanitary Sewer Easement running to the south of and parallel with an existing 10
foot Sanitary Sewer Easement as recorded in Volume 199, Page 406 of the Deed Records of F
Brazos County, Texas. The centerline of said Proposed 10 foot Sanitary Sewer Easement runs
10 foot south of and parallel with the following described centerline:
Beginning at a point being the most easterly corner of the aforesaid Lot 1, Block 1,
Brazos County Complex, Phase One, said point also being a corner of the now or formerly
owned Robert Dupre 4.67 acre tract and lying on the southwest line of Lot 2, Block 1 of the
Ramirez Addition;
Thence S 59° 55' 49" W for a distance of 244.8 feet to the centerline of said existing 10 foot
Sanitary Sewer Easement, same being the Place of Beginning;
Thence N 74° 16' 34" W following the said existing centerline for a distance of 385.9 feet,
more or less, to a point for an angle;
Tbence N 44° 56' 38" W continuing along the said existing centerline for a distance of 865.5
feet, more or less, to a point lying on the west boundary line of Lot 1, Block 1,
Brazos County Complex, Phase One, same being the Point of Terminus.
0687340
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It is specifically understood that the City of Bryan and its assigns shall be f7e%, 9A,
egress and regress to and from said strip of land for the purpose of making improvements on, and
repairs to the aforesaid, as shall be necessary and convenient at all times.
5
TO HAVE AND TO HOLD unto the said City of Bryan, Texas, a Municipal 0
4
Corporation as aforesaid, for the purposes aforesaid, the premises above described.
WITNESS (my) (our) hand(s) at Bryan, Texas, this TN day of 0
Ju "a- , 19 0
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THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in d for County
Texas on this day personally appeared a"
known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that (he), (she) executed the same for the purposes and consideration therein expressed.
GIVE UNDER MY HAND AND SEAL, OF OFFICE, this 8 day of _
low 19M.
=EA ;PM. D. c : !:E•~ ARY FOLIC
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COUNTY,TEXAS
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RULES OF PROCEDURE, CONDUCT AND DECORUM
AT MEETINGS OF THE
COUNTY COMMISSIONERS COURT
1. All Regular, Special, Emergency and Executive Session Meetings of the Brazos County
Commissioners Court will be called and conducted in accordance with the provisions of the
Texas Open Meetings Act, Chapter 551, Government Code.
II. Regular, Special and Emergency Meetings of the Brazos County Commissioners Court are
open to the public and to representatives of the press and media. Executive Sessions of the
Commissioners Court are not open to the public, the press or the media and only those
individuals expressly requested or ordered to be present are allowed to attend Executive
Session.
III. The Brazos County Commissioners Court meets in Regular Session on Tuesdays unless
otherwise designated. In order for a matter or issue to appear as an agenda item on the
Agenda of any Regular Meeting of the Commissioners Court, a request must be filed with
and approved by at least one member of the Commissioners Court and/or the County Judge
by 12:00 p.m. (noon) on the Thursday immediately preceding the next Regular Meeting of
the Commissioners Court.
IV. The business of Brazos County is conducted by and between the members of the Brazos
County Commissioners Court and by those members of the County staff, elected officials,
department heads, consultants, experts and/or members of the public requested to be present
and participate. While the public is invited to attend all meetings of the Commissioners
Court (except Executive Sessions), the public's participation therein is limited to that of
observers unless a member (or members) of the public is requested to address the
Commissioners Court on a particular issue (or issues) or unless the member (or members)
of the public completes a Public Participation Form and submits same to the County Clerk
prior to the time the agenda item (or items) is addressed by the Court. A sample of the
Brazos County Commissioners Court Public Participation Form is attached hereto as Exhibit
"A"
V. The County Judge is the presiding officer of the Brazos County Commissioners Court and
is a fully participating member thereof. In the event of the absence of the County Judge, the
senior member of the Commissioners Court (in terms of total numbers of years as an elected
representative) present at the Regular, Special, Emergency Meeting or Executive Session,
shall serve as the Judge Pro-Tem of the Court. However, nothing herein shall prevent the
senior member of this Commissioners Court from delegating this duty to another member
of the Commissioners Court.
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VI. - The County Judge (or the designated Judge Pro-Tern of the Commissioners Court), as
presiding officer of the Commissioners Court, is responsible for conducting all meetings and
members of the public who have properly completed a Public Participation Form and
submitted same to the County Clerk must wait to be recognized before they will be allowed
to address the Court.
VII. , Special Rules for the Press and Media:
A. No media personnel or equipment, including lights, cameras or microphones will be
located on the Commissioners Court bench nor closer than five (5) feet in front of the
Commissioners Court bench.
B. Reporters and media technicians are required to structure their movements, equipment
set-up and take-down and adjustments, etc. in such a manner as to not disrupt the
Commissioners Court deliberations or the ability of the public to see, hear, and
participate in the proceedings.
C. Interviews shall not be conducted inside the Commissioners Courtroom during the time
the Court is in session.
D. Media interviews which are conducted outside the Commissioners Courtroom should
be conducted in such a manner that the interview does not disturb, impede or disrupt
the proceedings ofany Regular, Special, Emergency and/or Executive Session Meeting
of the Court.
VIII. The Sheriff of Brazos County, Texas, or his designated deputy, shall serve as the Bailiff at
all Regular, Special and Emergency Meetings of the Court. However, in the event of the
absence of the Sheriff, or in the event that there exists a conflict of interest between the
Sheriff, any member of the Sheriffs Department, and the Commissioners Court, or in the
event of an Executive Session of the Court in which the Sheriff is not an authorized
participant, then in such event, the Court shall appoint such other commissioned peace
officers to serve as Bailiff as may be necessary.
IX. From time to time, the Commissioners Court shall conduct town meetings and public
hearings. These rules of procedure, conduct and decorum shall also apply to such town
meetings and public hearings; however, the Commissioners Court may adopt such additional
and supplemental rules for such meetings as may be necessary and appropriate to conduct
such meetings in an orderly, efficient and proper manner.
r X. These Rules of Procedure, Conduct and Decorum at Meetings of the Brazos County
Commissioners Court shall be effective immediately upon adoption by the Court and shall
remain in full force and effect until amended or repealed by a majority vote of the
C, Commissioners Court.
A ' GL Lba:
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ADOPTED BY THE UNANIMOUS VOTE OF THE BRAZOS COUNTY
COMMISSIONERS COURT on this the 8* day of June, 1999.
Alvin W. Jones, unty J
To Jone , issioner, Precinct 1 Randy Sims ommissioner, Precinct 3
~ '124, -
y Caul, Jr., Commiss' ne recinct 4
Am.~~S~Thcmton, Commissioner, Precinct 2
Att st.
Mary A d, County Clerk
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BRA2.OS COUNTY COMMISSIONERS COURT
Public Participation Form
Instructions: Fill out all appropriate blanks. Please print or write legibly.
NAME:
HOME ADDRESS:
HOME TELEPHONE:
PLACE OF EMPLOYMENT:
EMPLOYMENT TELEPHONE:
Do you represent any particular group or organization?
If you do represent a group or organization, please state the name, address and telephone
number of such group or organization:
Which agenda item (or items) do you wish to address?
In general, are you for or against such agenda item (or items)?
Signature:
NOTE: This Public Participation Form must be presented to the County Clerk prior to the time that
the agenda item (or items) you wish to address are discussed before the Court.
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BID TABULATION 99-046
TEMPORARY EMPLOYMENT SERVICES
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DESCRIPTION
HOURS
EXPRESS
PERSONNEL
HUMAN
RES CONN
INITIAL TALENT
TREE STAFFING
KELLY
SERVICES
SNEWNG
PERSONNEL
MANPOWER
1.Receptimist
140
S
878
$ 1,22920
$
882
$ 1,23480
$
8.25
S
1,15500
S
8.17
S 1,14380
$
1000
$ 1,400.00
S
806
$ 1,12840
2 General Clerk I
900
S
8.78
$ 7,90200
$
1036
$ 9,32400
$
8 25
$
1,42500
$
8.17
$ 7,353.00
$
11.20
$ 10,080.00
$
8.38
$ 7,542.00
3. General Clerk II
100
$
9.06
$ 90600
$
1036
$ 1,03600
$
895
$
89500
S
8 51
S 85100
$
1160
$ 1,160.00
$
8 70
$ 870 00
4. Data Entry Clerk
30
$
9 06
$ 171.80
$
1036
S 310 80
$
8.95
$
26850
$
8.51
$ 25530
$
11.20
S 336.00
$
8.70
$ 26100
5. Secretary
1000
$
935
$ 9,35000
$
11.84
$11,84000
$
9 25
$
9,25000
$
9.19
S 9,190.00
S
1240
S 12,400.00
$
935
S 9,35000
6. Sena Secretary
30
$
9 91
$ 29730
$
1184
$ 355.20
$
9 65
$
28950
$
988
$ 29640
$
13.60
$ 40800
$
9.68
$ 290 40
7. AccambN Clerk
150
$
8 78
$ 1,31700
$
1110
$ 1,66500
$
895
$
1,34250
$
8 51
$ 1.27650
$
12.80
$ 1,920.00
$
968
$ 1,45200
8. Equipment Operator
30
$
935
$ 28050
NIA
$
$
8 95
$
26850
S
10.10
S 30300
$
11.20
$ 33600
$
9 36
$ 280.80
9 Ublay Worker 1
90
$
906
$ 81540
NIA
$
S
9.40
$
646.00
$
9 25
$ 832.50
$
11.20
$ 1,00800
$
936
$ 642.40
10 Utility Worker II
30
$
9.06
$ 27180
NIA
$
S
9 40
S
282 00
S
9 40
$ 282 00
$
1040
$ 31200
$
936
S 28080
4".04 1.W 3O[3,100W a u,U[[.uu azt,rtu.5u i Z9,360.00 $22,297.80
RECOMMENDATION: Primary: Kelly Sw*es
Secondary: Iratial Talent Tree
AKemate: Manpoeer
AWARD DATE.
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BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 560001
DATE OF COURT MEETING: June 3. 1999
ITEM: Request from United Telef2hone Comply of Texas for parallel cable Installation
in the right of way ' Kathy Fleming Road (Millican. Texas). Site is located in Precinct
SOURCE OF FUNDS: N/A
PRESENTATION:
A) No work will be permitted between front slope and/or back slope.
B) The line shall be installed 1) within 3-6 of and parallel to the right of way line and/or 2) in the
case of a road bore, perpendicular to the right of way line.
C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees, etc. from County right of way.
i D) Duch line shall be compacted to 90% standard density ASTM-Test Method No. D-698;
test shall be conducted by an independent Geotechnical testing firm; copies of all test results
shall be furnished to the office of the Brazos County Engineer.
E) Construction shall be in strict conformance to the latest Texas Manual of Uniform
Traffic Control Devices for Streets and Highway, published by the Texas Department of
Transportation, and all other state and federal laws governing utility construction.
.0
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Richard F. ce, P.
County OF.
CC99-048
SUBMITTED BY.
ApprovedG#'DeniedO by Commissioners' Court
Date: (o - 8 - 9y
Alvin W. Jones, C unty Judge
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APPROVE Y•
tssi ony Jones
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Precinct 1
ATTN: Richard F. Vance W.O.36269224
Brazos County Engineer
2617 W. HWY 21
Bryan, Texas 77803
Dear Sir:
Formal notice is hereby given that the United Telephone Company of Texas,
Inc. proposes to install buried communications cable upon and along the
right-of-way of county roads in Brazos County, Texas, as follows:
IMPROVED ROADS (paved) - The contractor will plow cable in backslope wfth
8' of right-of-way line. Pipe will be bored under all paved county roads
extending from ditch line to ditch line with a minimum cover of 30".
IMPROVED ROADS (gravel) - The contractor will plow cable in the backslope
of the road, one track of the plow tractor on the backslope the other may
come to the shoulder of the road neither whole tractor or plow will be on
the road surface.
~J
UNIMPROVED ROADS (dirt) - Same as improved, unless because of ditches,
trees and other terrain features, it is more practical to plow in the center
of the road In these cases, the cable will be plowed in the center of the road.
Not applicable in County.
BRUSH DISPOSAL - Any brush, trees, etc., that are cut will be burned or
disposed of and not left in the ditch. Rocks brought up by tractor or
plow will be disposed of.
DEPTH OF CABLE - All cables will be placed at a minimum depth of 30'
except where crossing dams or ditches, at which locations the depth of
cables will be at a minimum of 36'.
The following are requirements which are made on the contractor:
1.
The plowing equipment shall be subject to the approval of the
Engineer and the Public Authorities having jursidiction over highway
and road rights-of-way
2.
The equipment and construction methods used by the contractor shall
be such as to cause minimum displacement of the soil. The slot made
in the soil by the cable plow shall be closed immediately by driving
a vehicle track or wheel over the slot or by other suitable means.
3.
Damage to banks, ditches, driveways, and roads caused by the equipment
shall be immedeiately repaired to the satisfaction of the Engineer and
Public Authorities having jursidiction over highway and road right-of-
way where involved.
4.
Trenches shall be promptly back-filled with earth, and mechanically
tamped at six (6) inch lifts so that the earth is restored to original
l
grade to assure no hazard to vehicular, animal or pedestrian traffic.
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No trenches shall be left open overnight.
5 f p
5.
The usual 10%fees withheld from contractor until repairs are made
satisfactory with Engineer and Public Authorities having jurisdiction
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of right-of-way involved.
Brazos County will not be held liable at any future
date for accidental damages to the buried cable plant by road working
equipment such as maintainers, hole diggers, etc. In the event of
such damages the Telephone Comapany will be notified Immediately.
The County Commissioners Court may require the owners to relocate this
line, for valid reasons under the law, by giving thirty (30) days
written notice.
a. Where communication facilities are located on county
road ROW the Telephone Company will relocate said
facilities at no expense to the County.
b. Where communication facilities are located on private
property the county will reimburse the Telephone Company
for the relocation of said facilities.
At any place where a communications line crosses over a county road, it
shall be constructed and maintained at least eighteen (18) feet above
the surface of the traffic lane.
Please notify forty-eight (48)
hours prior to starting construction of the line, in order that a
representative may be present.
The locations of the proposed lines are more fully shown by the copies
attached to this nonce.
Construction of this line will begin on or after the 1st day of
June , 1999.
SPRINT/UNITED TELEPHONE COMPANY OF TEXAS, INC.
BY /Gary Donald DATE: 05/24/99
TITLE: Net rk Engineer II
P. 0. BOX 2077
Humble, TX 77347-2077
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APPROVED:
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County !fudge for Comm' inners Court' Va"d Zos COUNTY
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