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Home My WebLink About1999-12-14-0900AM-Regular• BRAZOS COUNTY BRYAN. TEXAS FILED FOR RECORD DATE ._12-f-22 Al /:S-V 0 CLOCK 2-F.1 MARY ANN WAP,D O~ACL NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, DECEMBER 14,1999 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. I. Invocation - Commissioner Cauley. 2. Pledge of Allegiance - Commissioner Cauley. Consider and take action on agenda items 3 - 21: 401 3. Budget Amendment 99/00-8. 4. Personnel Changes of Status. 5. Approval for Recurring Payment Request for the Texas A&M Department of Psychology. 6. Payment of Claims. 7. Rescinding the Order Prohibiting Outdoor Burning. 8. Contracts with the Bryan-College Station Economic Development Corporation: a. Administrative Contract b. Incentives Contract 9. Tax Abatement Agreement for BETCO, Inc. 10. Letter of agreement with The Software Group, Inc. for analysis of county computer systems. 11. Resolution authorizing the County Judge to approve the issuance of hospital revenue bonds. 12. Appointing a representative to the Brazos County Bail Bond Board. 13. Tax Resale Deed and authorization for County Judge to execute tax resale deed for Part of Tract 1: Lot 10, Block 2, Zimmerman Addition, City of Bryan, to Patricia Ann Walton. 14. Executing Ten Year System Warranty from Everest Coatings, Inc. for the Juvenile Services facility. 11 i. :t i. r, v: 'k " r+ Commissioners Court Meeting Agenda December 14, 1999 Page Two 15. Blanket Purchase Order to Napa Auto Parts for the Road & Bridge Department. 16. Requisition for Annual Maintenance Agreement for copier located in the booking area of the Jail. 17. Approval to advertise for the following bids: a. Bid #2000-023 Hydrated Lime - Annual Contract b. Bid #2000-024 Concrete - Annual Contract • c. Bid #2000-025 Materials Hauling - Annual Contract d. Bid #2000-027 Herbicides - Annual Contract 18. Approval for Exemptions from Competitive Bidding Requirements for the following: a. Glazier Foods Company b. Good Source Resource 19. Award of the following bids: a. Bid #2000-017 Cold Mix Limestone Concrete Pavement b. Bid #2000-018 Fencing Supplies - Annual Contract c. Bid #2000-019 Fence Building - Annual Contract d. Bid #2000-020 Motor Grader Blades ' 20. Acceptance of Harvey SWD Limited's cost estimate of 515,663.00 to relocate existing salt water pipeline to accommodate the Greens Prairie Road extension. Site is located in Precinct 3. 21. Approval of the Treasurer's Report for October, 1999. 22. Announcement of interest items and possible future agenda topics. i 23. Call for citizen input and/or concerns. 24. Adjourn. # The Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (409) 361-4102. I! COMMISSIONERS' COURT REGULAR MEETING DECEMBER 14, 1999 u • P A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, December 14, 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. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. The Court next considered Budget Amendment #99/00-8.1 through 8.3 which would reallocate funds for Health & Life Insurance Fund and Courthouse Improvement fund and transfer funds from Contingency to Community Support. 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 proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the changes as submitted. The Court next considered authorizing the Auditor's office to process recurring payment requests for the following: a) Texas A&M Department of Psychology for Juvenile Services $9,991.63 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Commissioners Court meeting December 14, 1999 Z Auditor's office to process the previously noted recurring payment. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20002097 through 20002315 On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration by the Court was rescinding the Order Banning Outdoor Burning. The drought index is at 555. The safe index is 550. Commissioner Thornton recommended keeping this on the agenda. On motion the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to rescind the outdoor burning ban. The Court next considered two contracts with the Bryan- College Station Economic Development Corporation (EDC). The first is an Administrative Contract where the EDC agrees to perform development services such as promoting and marketing of the county for commercial and industrial development. Cost to the County is Two Hundred Nine Thousand Five Hundred and No/100 Dollars ($209,500.00). This Agreement shall be for a term of one (1) year commencing on October 1, 1999 and terminating on September 30, 2000. The second is an Incentives Contract in which the EDC proposes to coordinate the efforts of Bryan/College Station and several development agencies thereby reducing duplication of efforts and utilize t ,I t~ I: available resources for economic development. Cost to the County will be Three Hundred Three Thousand Seven Hundred Thirty-Four and No/100 Dollars ($303,734.00). On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into both agreements with the Bryan/College Station Economic Development Corporation and authorized the County Judge to execute both Agreements on behalf of Brazos County. A copy of each Agreement is attached. t5 92 1~~ I ' i 1 Commissioners Court meeting December 14, 1999 u • 01 1 3 The Court next considered a Tax Abatement Agreement between Brazos County and BETCO, Inc.. The tax abatement shall exempt the value of the land, buildings and the other permanent improvements. Under the conditions of the abatement the following rates shall be in effect for the following years: Year of Abatement 1999 0% 2000 95%. 2001 95% 2002 95% 2003 95% 2004 75W 2005 30% 2006 20% 2007 10% It was noted that there are several typos in the Agreement. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the corrections to the Agreement. Then on motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to grant the tax abatement to BETCO, Inc. A copy of the Agreement is attached. The Court next considered approval of a Letter of Agreement with The Software Group, Inc. for analysis of county computer systems. 272nd District Court Judge, John Delaney voiced concern that the Court was proceeding at too rapid a pace and implored the Court to create a users committee to meet with the software group. Diane Hebert, representative of The Software Group stated that the purpose of the Letter of Agreement was to allow the company to sit with Judges and end users to see what they were doing. Commissioner Cauley moved to approve the Letter of Agreement with The Software Group. Commissioner Jones seconded the motion. The County Judge asked to amend the motion to include the stipulation that it not exceed $6,000. Commissioner Cauley and Jones agreed. The motion carried unanimously. L,.Ymm VOLMb 0 r r Commissioners Court meeting December 14, 1999 i J •rl 4 On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to adopt a resolution authorizing the County Judge to approve the issuance of Hospital Revenue Bonds for the Bell county health Facilities Development Corporation for Scott & White. The Court next considered appointing a representative to the Brazos County Bail Bond Board. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to appoint Commissioner Bill Thornton as the Court l @ f@pr@@@ntafty@ to th@ Ball Bond Board, On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to appoint County Court at Law I Judge, Randy Michel to the Bail Bond Board. On motion by Commissioner Sims, seconded by Commissioner Jones, the Court voted unanimously to authorize the County Judge to execute a Tax Resale Deed to the following individual: Patricia Ann Walton - Part of Tract 1: Lot 10, Block 2, Zimmerman Addition, City of Bryan, Brazos County, Texas. The next matter for consideration was executing a Ten Year System Warranty from Everest Coatings, Inc. for the Juvenile Services facility. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to execute the warranty. A copy is attached. The Court proceeded to consider the following blanket Purchase Order: Napa Auto Parts Road & Bridge $3,000 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 payment of a requisition for Annual Maintenance Agreement for a copier located in the booking area of the jail. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously ;-7F--- . t• Commissioners Court meeting December 14, 1999 5 to authorize the payment of the requisition in the amount of $1,987.20. • H t • C7 The next matter for consideration was approval for the Purchasing Agent to advertise for the following bids for the Road and Bridge Department: a. Bid No. 2000-023, Hydrated Lime-Annual Contract b. Bid No. 2000-024, Concrete-Annual Contract c. Bid No. 2000-025, Materials Hauling-Annual Contract d. Bid No. 2000-027, Herbicides On motion by Commissioner Jones, seconded by Commissioner Sims, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids as noted. The Court next considered the following Exemptions from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)(8): a. Glazier Foods Company b. Good Source Resource On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve both Exemptions from Competitive Bidding Requirements and authorized the payment for purchases necessary during the 1999-2000 fiscal year. The Court next considered awarding the following bids: Bid No. 2000-017, Cold Mix Limestone Concrete Pavement John Hachmann, Purchasing Agent, recommended acceptance of the bid t submitted by Vulcan Materials: THD330 Class A, Type D loaded only and loaded and hauled and Colorado Materials: THD350 Class A, Type D, Loaded only and Loaded and Hauled. b. Bid No. 2000-018, Fencing Supplies-Annual Contract John Hachmann, Purchasing Agent, recommended acceptance of the bid submitted by Hicks Post Co., on items _ 1,2,3.1,3.2; Conroe Wood Products on items 4.1 through 4.4 and Brazos Bottom Crop Care on items 5.1 through 5.5. c. Bid No. 2000-019, Fence Building-Annual Contract John Hachmann, Purchasing Agent, recommended acceptance of the bid submitted by Hurst Fencing Company. R ' y Commissioners Court meeting December 14, 1999 d. Bid No. 2000-020, Motor Grader Blades John Hachmann, Purchasing Agent, recommended acceptance of the bid submitted by Head & Guile Parts for 7 foot blades and Valk Manufacturing for 9 foot blades. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contracts as noted with the exception of Bid 2000-019, Item "B" Materials & Labor and Labor only. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to table consideration of of Item "B". Copies of all bid tabulations are attached. The Court next considered acceptance of Harvey Salt Water Disposal Limited's cost estimate of $15,663.00 for relocation of an existing salt-water pipeline to accommodate the Greens Prairie Road extension. On motion by Commissioner Sims, seconded by Commissioner Jones, the Court voted unanimously to accept Harvey Salt-Water Disposal Limited's cost estimate of $15,663.00 for relocation of an existing salt water pipeline on Greens Prairie Road. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court received, approved and ordered filed as submitted the Treasurer's report for November 1999. A copy of which is attached to and made a part of these minutes. Under announcement of interest items and possible i ; ' 1 t i future agenda topics the County Judge made the following comments" a) He has received five applications for Director of Emergency Management. The interviews are to start on Friday at 1:30 p.m. b) He received a letter from Dr. Maylon Southerland Vice President Student Affairs, thanking the community and county for their support during the bonfire crisis. PAI if OL,/ ~_-.=Xjxv as 6 4 • •I fL * r Commissioners Court meeting December 14, 1999 7 r c) He received a letter from the Texas Department of Health in reference to the tobacco settlement asking for comments on distribution of tobacco settlement funds. A copy of the letter will be distributed to each court member. d) He announced with pride the County's participation in the United Way Campaign. There was a 111% increase over 1998 participation. This is a much larger percentage increase than other organizations. e) He received a letter from the BVCOG • concerning applications for grant funds for 2000. f) He attended a meeting of the Juvenile Justice Commission. He has information to distribute to the court members on the JJAEP and operation by a private organization. g) He received a letter from the Governor concerning the drought. The County Auditor made the following comment: a) He needs a response on the vehicle use policy and employees who use county vehicles. This will affect several employees' paychecks and there will be only one pay period left this year. There was no citizen input and/or concerns. - There being no further business to come before the , Court, the meeting was adjourned. F The foregoing minutes of the Commissioners Court meeting held December 14, 1999 have been examined and are approved in open Court this the ,,?A,.O day of I 20QQ, in Bryan, Brazos County, Texas. Alvin W. Jones County Judge Wm. Thornton Commissioner, Precinct 2 0141111 - Carey V uley, Jr. Commis oner, Pre in 4 I i' / " OX/: ;_I- - Tony Jon s Commissioner, Precinct 1 Aandyy s Commis oner, Precinct 3 Mary An# Ward County Clerk ~r 1 Iit✓o1i~t_.~Y.~:u~~:?~r.~i 1r~CV~ - - aril.:~.r~•...a.i.lo`wC~~v~..llr ..3+jr 1+eti1• ~ _ _ _ _ _ _ _ _ _ • • • BRAZOS COUNTY COMMISSIONERS' MEETING ON De 999 AT A'a o 6c1 ll f vi o r. Pv4-A 1) i Ww 0,ta 0 dt, 12 4 1. . p!~ I •'S' 1 µrHn, Q 1 7; R t ' S- c. L-4 w r7n i R -P C7 C COUNTY COMMISSIONERS' MEETING ON,7,),::;' C, l 999 Q. AT A. H. 7 1 1 . 1. t z is I r tom. 1 . • BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1999-2000 BUDGET YEAR NO. 99/00 08.1 through 99/00 08.03 On this the 141-1i day of December 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 December 14, 1999 the Court heard and approved a budget amendment for the 1999-2000 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 9, 1999 the following amendment (s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 14'h day of December 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 E l' E' r .l P BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00-8.1 12/14/99 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 50 460285 Dr. HLI - Self Pays 30,000.00 SO 4701001 1 Cr Reserve Fund Balance 30,000.00 Health & Life Insurance Fund To reclassify revenue which would have been recognized from the Retirees in the line item HLI - Self Pays to the Reserve Fund Balance because of the approval 12/7/99 for the county to vay their vremiums. 1 i i 1 t 1 1 • • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00-8.2 12/14/99 i' FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 43 6302 613240 630298 Dr. Equipment - Minor 4,000.00 43 6302 807200 630298 Cr. Security System 4.000.00 Courthouse Improvement Fund - C.O. Series 1998 To reclassify budget for the computer networking equipment as approve 12/7/99. f~ . i r , 0 1 - 17 • _ r i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00-8.3 12/14/99 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 110020 734250 Dr. E.D.C. Incentives 734.00 01 110015 611300 Cr. Contingency 734.00 Community Support To increase the Economic Development Corp. Incentives per the Count Jud e's re uest. men 11- ~ f PERSONNEL CHANGE OF STATUS • • .0 page 1 of 1 COURT DATE: December 14,1999 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status iw#w#w#ww#ww#####iiwiiiiii##iwwiiwiw###wwww#wwwww#wwwiiiiiwiiiiii#ww#w#w#w#w##w###ww DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED ww#ww##wwwwwwwwwwwww##wwiwwiwiwiwwwww#w#ww#www##wwwwwwiiswwiwwiwiww#w###ww##wrw##w## COUNTY COURT AT LAW #2 EDGAR, SYRINGA NEW HIRE-TEMORARY CNS KAZMIERSKI, RENEE RESIGNATION REYNOSO, DANIEL NEW HIRE-FULL TIME REPLACING KAZMIERSKI DISTRICT ATTORNEY SMESTUEN, LISA L NEW HIRE-FULL TIME FILLING OPEN POSITION - - - - - DISTRICT CLERK FIPPINGER, JANET RESIGNATION ROAD & BRIDGE ALLEN, JR NATHANIEL END OF MOWING SEASON COLE, MARTIN KING END OF MOWING SEASON TOLIVER, ALFRED LOYD END OF MOWING SEASON WILLIAMS, JESSIE END OF MOWING SEASON ZAMARRIPA, CELSO R END OF MOWING SEASON SHERIFF OFF-JAIL DIV BALES, ERIC C RESIGNATION RICHTER, JAMES A RESIGNATION TAX OFFICE NICHOLS, AMY J PROMOTION TO OPEN POSITION ADAM, STACEY L PROMOTION TO REPLACING NICHOLS TOMKIVI TS, LESLIE A TRANSFER TO REPLACE ADAM LARSON, CINDY TRANSFER TO REPLACE TOMKIVPTS ROSAS, MICHELLE V NEW HIRE TO REPLACE LARSON Approved in Commissioners' Court: December 14.1999 County Judge's or Commissioner's Signature: . AGREEMENT BETWEEN BRAZOS COUNTY AND THE BRYAN/COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION FOR FISCAL YEAR OCTOBER 1, 1999 - SEPTEMBER 30, 2000 This Agreement is entered into by and between BRAZOS COUNTY. TEXAS, a political subdivision of the State of Texas (hereinafter referred to as "COUNTY"), and the BRYAN/COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION, a Texas Non- Profit Corporation (hereinafter referred to as "EDC"). RECITALS Whereas, the EDC has agreed to perform certain development services for the County. Those services include the promoting and marketing of Brazos County for commercial and industrial development; and Whereas, in order to carry out that function the EDC will incur basic operating expenses such as rental payments, salaries and office overhead; and Whereas, the County has agreed to pay a portion of such costs. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS THAT FOR AND IN CONSIDERATION of the mutual covenants and promises herein contained, the parties hereby agree as follows: I ' I 1. The County agrees to pay a portion of those operating expenses incurred by the EDC in carrying out the responsibility of marketing and promoting the County for commercial and I industrial development. 2. On an annual basis, EDC shall submit its proposed annual operating budget to the COUNTY for review not later than May 31 st of each budget year. Funding by COUNTY shall be subject to annual review and allocation. f0.)Of7 Aoea.arleQdx ldt v r Arjk ~r i t 3. The operating budget of the EDC shall be funded by COUNTY up to the total sum of Two Hundred Nine Thousand Five Hundred and No/100 Dollard ($209,500.00) from the • COUNTY 's 1999-2000 fiscal year budget. COUNTY shall pay such sum on a monthly basis by paying to the EDC or its account one-twelfth (1/12) of the total sum referenced above. 4. EDC shall procure and maintain, as part of its operating expenses, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services undertaken by EDC, its agents, representatives, volunteers, employees or subcontractors. The EDC's insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees and volunteers. Any insurance or self insurance maintained by COUNTY, its officials, employees or volunteers, shall be considered in excess of the EDC's insurance and it shall not contribute to it. 5. Certificates of Insurance and endorsements shall be furnished to the COUNTY. • The following standard insurance policies shall be required: a. General Liability Policy b. Automobile Liability Policy C. Workers' Compensation Policy The following general requirements are applicable to all policies: a. General Liability and Automobile Liability shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide. b. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. C. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage. A deductible is acceptable for Professional Liability Insurance. d. Claims Made PoUcies will not be accepted, except for Professional Liability ..aon,~~.ma ~ ~ ~ z.n n ~~~•r~ec.~r - f i~ ~ `._....._~..._..r..... - i,. z_ a _ . _ _ . ~ { c •r 4 a S • r •7 ~1 t tr ~i Insurance. C. The COUNTY, its officials, employees, and volunteers, are to be added as "Additional Insured" to the General Liability and the Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the COUNTY, its officials, employees, or volunteers. C A Waiver of Subrogation in favor of COUNTY with respect to Workers' Compensation insurance must be included. g. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the COUNTY. h. Upon request, certified copies of all insurance policies shall be furnished to the COUNTY. The following Commercial General Liability will be required: a. ' Minimum combined Single Limit of $500,000 per occurrence for Bodily Injury and Property Damage. b. Coverage shall be at least as broad as Insurance Service's Office form number CG 00 01. C. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. The following Automobile Liability will be required: A. Minimum Combined Single Limit of $500,000 per occurrence for Bodily Injury and Property Damage. b. The Business Auto Policy must show Symbol I in the Covered Autos Portion of the liability section in item 2 of the declarations page. The follow a. b. C. r►~en~y.~.m~.m. ing Workers' Compensation will be required: Employer's Liability limits of $100,000 for each accident is required. Texas Waiver of Our Right to Recover From Others Endorsements, WC 42 03 04 shall be included in this policy. Texas must appear in Item 2A of the Workers' Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and wo 19 1 I o~ _ _ ny ~•^~-•~v.ocsavTLtC:runnCti f/ f'. the States of NV, ND, OH, WA, WV, WY. 6. Certificates of Insurance shall be prepared and executed by the insurance company or • its authorized agent, and shall contain provisions and warranting the following: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance set forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance or ISO. C. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. d. Shall specifically set forth the notice of cancellation, termination, or change in coverage provisions to the COUNTY. e. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 7. EDC shall maintain fiscal records and supporting documentation in the form of cancelled checks, payroll records, invoices or other documents required for all expenditures of funds made pursuant to this Agreement. Any payments made by the EDC shall only be made in • accordance with generally accepted accounting practices with appropriate accounting codes established so that an annual audited account of funds expended can be provided to the COUNTY. t 8. Records required by this Agreement shall be maintained by EDC during the contract period and for a minimum of three (3) years from and after the expiration date of this Agreement. 9. EDC shall give COUNTY, or their duly authorized representatives, access to all books, , account, records, files or other papers belonging to or in use by the EDC pertaining to the s• requirements of this Agreement. Failure to provide access to the above listed documents shall constitute a breach of this Agreement upon which COUNTY shall have authorization to terminate this Agreement without firrther liability. • PA A r ' 2 Y 4• 1 ' J ~n 7 f I l I i f• I or/ 10. This Agreement shall be for a term of one (1) year commencing on October 1, 1999 and terminating on September 30, 2000. 11. COUNTY shall have the right to terminate this Agreement in whole or in part any time whenever COUNTY determines that EDC has failed to comply with any terms of this Agreement. COUNTY shall notify all parties in writing thirty (30) days prior to the date of termination. The notice shall include the reasons for such termination, the effective date of the termination, and in the case of a partial termination, the portion of the Agreement to be terminated. This Agreement may be cancelled, without cause, upon one hundred eighty-five (185) days written notice by either party. In the event of termination, for cause, the County shall be liable for funding of the EDC only to the extent of the last monthly payment made prior to notice of termination; if termination is without cause, payment shall be due through the expiration of the required notice. 12. In each instance where notice is required, notices shall be sent to each of the parties by certified mail, return receipt requested, as follows: Brazos County 300 East 26'h Street Bryan, Texas 77803 j Bryan-College Station Economic Development Corporation j 4001 East 29' Street, Suite 180 Bryan, Texas 77802 13. It is understood and agreed that the participation of COUNTY is limited to the contribution of funds. COUNTY at no time shall be liable for the acts of EDC, its agents, or employees. 14. Notwithstanding anything herein to the contrary, this Agreement is contingent upon the annual appropriation of the funding herein described by the Commissioners Court of the County out of currently available funds. WN0 Avwm=Woa PAU f'I ~ I f. r I• ' i • 01 15. This agreement shall be interpreted in accordance with the laws of the State of Texas and shall be performable in Brazos County. 16. This agreement shall not be assigned without the prior written consent of the COUNTY. 17. Should any word, part, or paragraph of this document be declared invalid for any reason, then, in that event, all other words, parts or paragraphs of this document shall remain effective. 18. This agreement represents the entire agreement of the parties and supersedes any prior written or verbal understanding or representations. IN WITNESS WHEREOF, all parties hereto, acting under authority of their respective governing bodies, have caused this contract to be executed on this the ~y day of 1999, to be effective the V day of October, 1999. BRAZOS COUNTY BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION By: 1By. Alvin . Jones.- County Judge Lynn Stuart, President Date•_ is - ~1 Date: la -IV- f lei •A THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the day of 999, by Alvin W. Jones, as Judge of the County of Brazos, on behalf of said corporation. j+:REATIM D. GREEN MY L'UMMI'SIUN L.XPIRPI 4; On ,.me 11, MU ota Public Sate of fcxpd THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the day of 999, by Lynn Stuart, President of Bryan-College Station Economic Development Corporation, a Texas Non- Profit Corporation, on behalf of said corporation. orATRIZD GREEN . MY COhLMltiG1UN u"11 W ~~oe 11 zoo /Rotai~ Public, S of Texas ?'h o: 1 1 I --r THE FOLLOWING DOCUMENT IS THE BEST IMAGE POSSIBLE DUE TO THE POOR QUALITY OF THE ORIGINAL -4' i BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION FY 2000 BUDGET l1A Map SALARIES 6710 PlndrdlCEO 6 6.15365 s 6.15365 8 6.15365 s 6,15385 s 6.15395 s 9.7!077 s 6.15365 s 6.15365 s 6.15365 s 6.15365 8 6.15315 s 9Z"77 ` s 10,00090 6 6400 CW A§Wfw= : 60000 6 60000 s 60000 s 60000 s 600 00 6 60009 s 69000 8 600 00 s 600 00 i 60000 6 60000 6 600 001 6 7200 00 6 11772 V1o9Pr64I691dofAdn**&Mon i 3.616.15 8 3.4615 s 3,64615 8 3.61615 6 3.61615 s 5.76923 6 3.61615 6 3.64615 6 3.646,5 s 3.64615 s 3.64615 s 5,769231 1 50,00000 s 6110 Buskw4 Llrpp97 : 2.46156 t 2.46154 s 246154 8 2.46154 s 2."154 3 3.692 31 6 2.46154 s 2.46154 s 2.46154 s 2.46154 6 2.46154 i 3.69231 s 32.000 00 6 6163 T*Wwim TldW- mw pr i 2,92306 8 2,92308 6 2.92300 8 2.92300 8 2.92306 S 4.35462 s 2.92306 s 2.923 06 6 2.92306 s 2.923 06 s 2.92306 3 4.39462 6 30.WD OD s 6790 R9o4plad% 8 1,26000 6 1,28000 6 1.26000 6 1.28000 s 1,28000 s 1.92000 s 1,26000 8 1,28000 6 126000 i 1,28000 s 1.28000 s 1.92000! i 16,640 00 8 6165 Admk%WzWvoAfW1•NBoakbeps s 1.60000 6 1.60000 6 1.60000 8 1.60000 s 1.60000 8 2.40000 s 1.60000 s 1.60000 s 1.60000 s 1.600 OD i 1.600 OD i 2.400001 3 s 20.60000 s "M Temp6rny#Ccr&WL40w7 $ 230" s 23077 s 23077 s 230" 6 23077 s 34615 6 23077 6 23077 8 230" s 230" s 23077 s 34615, s 3,00000 6 6606 Fcw*MwplyConuftq s 2.51346 6 2.51346 6 2,51346 8 2,51346 6 2,51346 8 3."019 6 2.51346 6 2.51346 s 2,51346 6 2.51346 s 2.51346 s 3,77019 ) 6 32.67500 1 6610 flanusesfSiolwy hwm9b9 s 1,15395 5 1,15365 3 1.15365 s 1.15315 s 1,15365 s 1.730" s 1.15365 s 1.15365 $ 1.15365 s 1.15365 s 1.15385 s 1,730 T7 ) $ 15.00000 1 V61am BENEFITS 6500 Ywrre-melm "95 Murws-0h+bffr 6510 Swale-Les 6640 FICA-SotJllf S4aAT62% 6850 FU1k4MAffpbTnwldTax 6!156 TEC--SI+bUrmVio r"dT4a 6660 Media," ExP_ V 45%) 6900 RoMwrwd (SEP 116110 Lrxn)10% 775o wi.Ierm-wdk+h camp VARIOUS BENEFITS TOTALS 0410 MI PAGE RE60BURSEMENT 1100 60ARDACTIVITIES &EXPENSE 7200 DUES6SUBSCRIPTIONS Vrbw INSURANCE 7255 01461rd 10Abr9 7283 Camnwc WGonl ILDINOMOw ed. Bad VARIOUS INSURANCE TOTALS 7300 MISCELLANEOUS 7350 OFFICE SUPPLIES 7360 COMPUTER Sdhvwo. S4 *PIN LAW 7400 POSTAGEASHIPPING 7450 PROFESSIONAL SERVICES 7500 REPAIRS B LVJNTERA 4CE 7525 EQUIPMENT LEASE 6 RENTAL 7550 SERVICE CONTRACTS 7650 TELEPHONE 7700 UTuJmS 1100 ADVERTISING 0150 CONFERENCES 6 SEMINARS 6500 MEALS&ENTERTAINMENT 6600 PROMOTIONS 1650 RECRUITING. PR 6 MARKETING 8750 RESPONSE MATERIAL 8 PRI TM 0050 TRAVEL-RELATED EXPENSE 9100 RENT-CHAACBER OF COMMERCE 9000 SSOC FUNDING 9300 CHAMBER OF COMMERCE FUNDING 94M INFOTECHLIARKETWO s 6 3 s s i s i 6 f 6 2.37581 s 2.37581 6 2.37561 8 2.37581 6 2.77581 i 2.37581 5 2375 81 5 2.375 O1 8 2.37581 6 2.37581 i 2.37561 s 4375 61 6 28,509" 1 444.15 8 4" 15 8 44415 6 44415 s "415 8 444.15 6 44415 6 4" 15 8 44415 6 4" 15 s 4" 15 s 441.15 ,0 s 5.32980 $ s 6 5.D2 00 6 6 s 6 : s 6 s f CO 8 5.602.00 1 I.M 45 1 125545 s 1236 45 5 1.25545 s 125545 s 1,9" 56 6 125545 6 1,255 45 s 125545 8 1.255 45 i 125545 s 1.40578 .3 s 15.624 88 6 1 i i 42500 8 $ • s • s . s • 8 • s • 8 " 7 8 425 00 6 6 i 8 2500 $ s 8 15000 s s s 8 8 "0 s 17500 6 29361 6 29361 8 28761 s 29361 6 29361 8 43607 8 29361 s 29361 8 29361 6 29361 s M61 s 43604 3 8 3.80825 6 2.290.16 6 2.00165 i 2.00165 s 2.00165 s 2.00165 s 2.972" i 2.00185 s 2.00165 s 2,00165 $ 2,0019s i 2,00185 i 2.684" J 6 25.96400 1 60000 6 80000 s • s s s s s s $ $ i ;;,.40~ 6 1,50000 1 7,26921 8 1.270.18 8 11.972.11 6 1.120.11 6 6.310.61 s I.M.71 8 020.81 i 1,370.81 6 6.370." s 1,310.11 5 6,370.61 6 1,31622 6 67,138.70 s 11.138.70 200.33 6 20833 s 20033 s 20633 1 20833 $ 20833 i 20833 8 20833 s 20033 8 208.33 6 20037 $ 20837 i 2.500 00 1 275 00 8 275 00 s 70D OD 8 27500 6 275 00 6 300 00 8 275 00 s 450 00 s 275 W s 30000 6 27500 6 275 OD J 6 3.95000 1 30167 i 301.67 3 30167 6 30167 8 30167 8 30167 s 30167 $ 30167 s 30167 $ 30167 8 30167 s 301.63 J 6 3.620 00 6 i t t 1 6 • s i 8 2.500.00 6 s i 3 8 2.60000 1 50000 s 6 1 1 1 6 6 6 $ 22500 s i J 8 72500 1 100.00 6 8 s 6 8 6 6 8 2.500A0 8 225.00 6 6 8 3a211A0 4.71500 i 5000 s 4500 6 4500 6 4560 8 4500 $ 4500 6 4500 s 4500 s 4500 s 4500 8 4500 3 3,21500; 8 5,275.00 s 32500 6 72500 8 32500 6 32500 6 32500 s 32500 s 32500 s 32500 s 32500 3 32500 s 32500 6 32500 V r4)1 $ 3.90000 s 2.00000 6 30000 s 320 00 8 320 00 6 32000 6 32000 s 320 00 6 320 00 s 32000 s 320 00 i 32000 S 320 00 i 8 5.500 00 s 24167 s 241.67 8 24167 6 24167 s 24167 8 24167 6 24167 8 24167 s 24167 s 24167 8 24167 8 24163 6 2.90000 1 66667 $ 66667 s 16667 3 86667 6 668 67 s 68567 s 6611167 8 66867 s 6" 67 3 66667 8 66667 s 66663 ! J~ s 8.00000 1 6667 8 6667 6 6667 i 6667 6 6667 i 6667 s 6867 8 6667 s 6667 s 6867 6 6667 s 68 63 ; r j s 80000 $ 41667 8 75167 8 41667 s 41667 s 75167 s 41667 s 41667 3 75167 s 41667 s 41867 3 75167 5 41067 6 6.34000 1 31000 $ 31000 s 31000 3 31000 i 31000 i 31000 8 31000 6 31000 8 31000 6 31000 6 31000 6 31000 v _JCO s 3.72000 1 790 50 1 790 50 6 790 50 8 79050 6 780 50 s 79050 8 790 50 6 790 50 i 790 50 s 79050 s 79050 8 790 50 i N. s 9,4" 00 6 52600 6 52900 i 526 00 6 526 00 s 52600 s 526 00 5 528 00 s 526 00 $ 526 00 s 526 00 8 526 00 5 52800 !.01 s 6 31200 1 500 00 8 50000 8 50000 6 500 00 3 500 00 s 50000 6 50000 6 50000 s 50000 i 50000 s 500 00 6 50000 , 91 s . 6.00000 1 40D 93 3 400 00 i 400 00 6 400 00 i 40000 6 40D 00 6 400 00 6 400 00 s 400 00 8 40000 s 400 00 s 33000 • 740: s 4.730 00 s 86667 s 66867 s 66667 8 668 67 3 66667 6 66667 s 66867 s 66867 6 66667 8 66667 s 66667 $ 66663 ' 31 6 1ADD 00 6 10000 6 10000 8 10000 6 IODOD s 10000 s 10000 s 10000 s 10000 6 19300 s 10000 $ 10000 s 10000 , 3, 8 120000 s 1.16667 6 1.16667 s 1.16667 6 1.16667 s 1.16667 s 1.16567 s 1.16667 s 1.16667 8 1.16667 s 1.16667 6 1.16667 s 1168 63 1 ..3j i 1!,000.10 t 25000 6 250 00 8 250 OD i 250 00 s 25000 8 250 00 6 250 00 6 250 00 8 25000 s 250 00 6 25000 s 25000 I 31 s 3.000 00 6 100000 6 1.00000 8 1,OOD00 $ 100000 s 100000 s 1,00000 s 100000 s 100000 i 100000 i 100000 6 100000 i 100000. .Oi s 12.00000 s 835 00 s 835 00 6 63500 6 835 00 s 93500 3 635 00 s 635 00 s 6IS 00 6 83500 s 635 00 41 835 00 s 83500: _ %LV s 10.020 00 8 6.83334 s 6.37 33 6 6,677 33 S 6.677 34 $ 6.933 33 s 6.83333 s 6.77 34 s 6.73 33 s 6977 33 6 6.673 34 8 6 933 33 5 6.633 33 i. G0; 8 62.000 00 6 4.50000 s 4,50000 s 4.50000 5 450000 6 4,500 OD $ 4.50000 s 4.50000 $ 4.50000 6 4.50000 8 4.500 DO 6 4.50000 6 4.50000.- 't.JC0:6 54,00000 $ 6 s 4200000 s 200000 6 200000 s 200000 s 200000 s 200000 8 200000 6 200000 6 200000 8 200000 C 6 60 s s 6 6 6 060 600 600 000 000 000 w 9NY .J, ~ 00000 s 57,67674 3 51,09812 s 97.605 42 1 52.32947 9 5.221342 3 64,707 21 s 3202643 s 52,306 42 s 54,778 42 3 5Z12043 3 5Z21342 6 63.864 67 3 707 97161 J 702 97170 8 002 ~ • 1255000 s s s s . s s s - $ $ . s s - 'S ,12.SOM!2 1755000 TOTALS 1 115,481.70 6 TO.226.74 6 61,098.42 6 97.90542 6 52,32843 6 62,71342 6 64.70717 6 93.028.43 6 62.36842 1 "'A21~,~ ::v:ti-M'IL'••.~,'J -:r+-r:"!:,.--•c-Tr-: ~5;,~av~r7!rsr fl~,?"q" :T--:~-.-"--Y': - 128.43 6 62,213.42 6 63,664.11 s 716."1." 451-1o 1 .1 f i •h ' Z THIS PAGE LEFT BLANK INTENTIONALLY VOLE PAGE-.Le ■t i i •I 401 0s AGREEMENT BETWEEN BRAZOS COUNTY AND i THE BRYAN/COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION FOR FISCAL YEAR OCTOBER 1, 1999 - SEPTEMBER 30, 2000 This Agreement is entered into by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas (hereinafter referred to as "COUNTY"), and the BRYAN/COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION, a Texas Non- Profit Corporation (hereinafter referred to as "EDC"). RECITALS Whereas, the County is charged with the responsibility of promoting the general welfare of the people of the County; and Whereas, the present and prospective right to gainful employment is essential to the general welfare of the public; and Whereas, these rights and responsibilities require as a public purpose the promotion and development of new and expanded business enterprises; and Whereas, the development and expansion of business, commerce and industry are essential to the economic growth of the County; and Whereas, the EDC in a non-profit corporation created for the purpose of promoting and developing business and industry in the County; and Whereas, the EDC combines the resources and coordinates the efforts of the two largest municipalities in the County and several development agencies, thereby reducing duplication of efforts and more effectively and efficiently utilizing available resources for such economic ' development; and r k Whereas, the EDC has offered and desires to fulfill this public purpose on behalf of the •P7a7 A~MI~L~. ~ ~ 0// 1 +et l~ Al 1~ 4 iY i County; and Whereas, the County desires to fulfill its responsibility to carry out the public purpose of promoting economic development, by the most cost effective means available to it. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS THAT FOR AND IN CONSIDERATION of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. EDC shall in good faith utilize its best efforts to market and promote COUNTY in accordance with its Marketing Plan and Proposed Budget for Fiscal Year 1999-2000, attached and incorporated hereto as Exhibit "A". 2. On an annual basis, EDC shall submit its proposed annual budget to the COUNTY for review not later than May 31st of each budget year. Funding by COUNTY shall be subject to annual review and allocation of that budget. 3. On a quarterly basis, EDC shall submit an Activity Report of its activities and accomplishments for that particular quarter to COUNTY. The form of this report shall include a narrative summary of activities. At a minimum, EDC shall include in its report a summary of expenditures to date and information with regard to current status and future prospects. 4. COUNTY funds shall be used solely for the programs depicted in the Marketing Plan and described on the approved annual budget. 5. EDC agrees it shall be its duty to perform in compliance with the Marketing Plan and the approved annual budget. 6. EDC shall administer the programs developed to promote the County and maintain records in such format and manner to be prescribed by COUNTY. Said records shall clearly document the performance required by this Agreement. s • • 0 7. Records required by this Agreement shall be maintained by EDC during the contract period and for a minimum of three (3) years from and after the expiration date of this Agreement. 8. EDC shall give COUNTY, or its duly authorized representatives, access to all books, account, records, files or other papers belonging to or in use by the EDC pertaining to the requirements of this Agreement. Failure to provide access to the above listed documents shall constitute a breach of this Agreement upon which COUNTY shall have authorization to terminate this Agreement without further liability. 9. COUNTY may conduct a performance review on a semi-annual basis or as deemed necessary by COUNTY to evaluate compliance with the provisions of this Agreement. COUNTY may provide assistance to EDC as requested and as mutually agreed upon. 10. EDC shall comply with all federal, state, and local laws as applicable in the performance of this Agreement. 11. It is understood and agreed that the participation of COUNTY is limited to the contribution of funds. COUNTY at no time shall be liable for the acts of EDC, its agents, or 6 employees. 12. This Agreement shall be for a term of one (1) year commencing on the effective date hereof. 13. COUNTY agrees to provide to the EDC approved budgeted sums of money in the amount of THREE HUNDRED THREE THOUSAND SEVEN HUNDRED THIRTY FOUR AND NO1100 DOLLARS ($303,734.00) for the EDCs use in accordance with the Marketing Plan and the Proposed Budget for Fiscal Year 1999-2000. The County and the EDC agree that due to the nature of the services provided by the EDC and the multiple sources of its funding that the EDC's monetary needs are not constant during the year, but that such needs are greater at certain times of the year. w~. (t J1 5. In order to accommodate the EDC's needs and satisfy the County's desire to benefit from the retention of its monetary commitment for as long as possible and still accomplish its goals, the parties have agreed to a funding schedule which is attached hereto as Exhibit "B" and made a part herein for all purposes. The County agrees, subject to Paragraph 14 below, to fund the amounts stated and on the dates stated in said schedule. Should the EDC not spend the funds budgeted for the contract year, an adjustment to the amount of the County's last scheduled payment shall be made to reflect a reduction. 14. COUNTY shall have the right to terminate this Agreement in whole or in part any time whenever COUNTY determines, in its sole discretion, that EDC has failed to comply with any terms of this Agreement. COUNTY shall notify all parties in writing thirty (30) days prior to the date of termination. The notice shall include the reasons for such termination, the effective date of the termination, and in the case of a partial termination, the portion of the Agreement to be terminated. Either of the parties to this Agreement have the right to terminate this contract when all parties agree that the continuation of the activities funded under this Agreement do not produce beneficial results commensurate with the expenditure of funds, provided that both parties agree in writing upon the termination conditions, including the effective date of the termination. Either party shall have the right to terminate the Agreement, without cause, on one hundred eighty five (185) days written notice. Should this Agreement be terminated, County shall be liable for the funding of the EDC only to the extent of the last payment made prior to notice of termination as set forth on the payment schedule set forth on Exhibit "B", provided however, if such termination notice is sent within thirty (30) days of a scheduled payment date, such payment shall be due and owing by the County when scheduled. 15. The Marketing Plan is hereby confirmed and adopted by the COUNTY. Any 1 1 [I 0 • 61 substantial change in the Market Plan or Budget shall be reviewable by the COUNTY at its. . discretion. 16. It is agreed and understood that the EDC shall meet at least monthly to conduct business. The EDC shall adopt an attendance requirement for its Board members which shall be at least equal in requirements to the COUNTY attendance requirements for its boards and commissions. 17. COUNTY and EDC state that to the best of their knowledge, no member of the County Commissioners Court and no officer, employee, or agent of the COUNTY who exercise any function or responsibility in connection with the carrying out of the provisions of this agreement has any personal financial interest, direct or indirect, in this Agreement. 18. EDC agrees to hold harmless the COUNTY from any and all loss, cost, or damages of any kind, nature or description which may arise from the performance of this Agreement. 19. Notwithstanding anything in this Agreement to the contrary, this Agreement is contingent upon the annual appropriation of the funding described herein by the Commissioners Court of the County out of currently available funds. 20. In each instance where notice is required, notices shall be sent to each of the parties by certified mail, return receipt requested, as follows: County Judge Brazos County Commissioners Court 300 East 2611 Street Bryan, Texas 77803 Bryan-College Station Economic Development Corporation 4001 East 2911 Street, Suite 180 Bryan, Texas 77802 M.~Off A~arr . ` ►~p 7 dt 1 f ~ V IU~,,.,~_(`[o/-.~~~ It 4 J 21. This Agreement shall be interpreted in accordance with the laws of the State of Texas and shall be performable in Brazos County. 22. This Agreement shall not be assigned without the prior written consent of the COUNTY. 23. Should any word, part, or paragraph of this document be declared invalid for any reason, then, in that event, all other words, parts or paragraphs of this document shall remain effective. 24. This Agreement represents the entire agreement of the parties and supersedes any prior written or verbal understanding or representations. IN WITNESS WHEREOF, all parties hereto, acting under authority of their respective governing bodies, have caused this contract to be executed on this the t day of 46-' 1999 to be effective the V day of October, 1999. BRAZOS COUNTY BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION By: C4'." By: Alvin W. Jones, County Judge Lynn Stu&M Chairman Date: Date: /a -/W -mss if 619 k • •I 61 THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the / V-day of 999, by Alvin W. Jones, as Judge of the County of Brazos, on behalf of said political subdivision. ?•1 ler conc.;... ,0.: t, ikrs Z) A ,,ate, n n: t n►~z otary ublic, St e f Texas THE STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the day of~ , by Lynn Stuart, President of Bryan-College Station Economic Development Corporation, a Texas Non- Profit Corporation, on behalf of said corporation. MY COM.11 iiiiiiiiiiiiiiijilljlIIIIIIIIIIIIIIIIIIIIIIliiillllllllllllllliiiiiiiiiiiiiiI • BEATDGREEN ~otar) Public, of Tex J„ i s i M70~9 A~e~os hp 7 OI PAYMENT NO. 1 2 3 EXHIBIT "B" PAYMENT AMOUNT $ 50,500.00 $200,000.00 $ 53,234.00 PAYMENT DATE October 1, 1999 June 1, 2000 September 1, 2000 , +f I 11 1 +vaon~.~.aec~o. r.R..~• AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT IN REINVESTMENT ZONE NUMBER TWELVE (12) CITY OF BRYAN FOR COMMERCIAL TAX ABATEMENT, BRAZOS COUNTY, TEXAS STATE OF TEXAS § COUNTY OF BRAZOS § This Agreement entered into by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, acting herein by and through its duly elected Commissioners Court, (hereinafter referred to as "COUNTY'), and BETCO, INC., a Delaware corporation that is duly qualified to conduct business in Texas, (hereinafter referred to as "OWNER') acting herein by and through its duly authorized agents. WITNESSETH: i WHEREAS, the City Council of the City of Bryan, Texas, on the 26m day of October, 1999 by ordinance, established Reinvestment Zone Number Twelve (12) for Commercial Tax Abatement, City of Bryan, Texas (hereinafter referred to as "Zone") as authorized by CHAPTER 312, TEXAS TAX CODE. WHEREAS, in order to provide for the proper development of such property and to aid in the conduct of the operation thereof in the best interest of the Brazos County, Texas, in accordance with the above-referenced ordinance and statute, the parties do mutually agree as follows: 1. This Agreement provides for the partial abatement of ad valorem taxes on real property, Block 2, Lot 1, Bryan Business Park, in the City of Bryan, as well as certain improvements, personal property and equipment that will be situated thereon. The real property and the improvements constructed thereon will be hereinafter referred to as "the Premises". 2. All of the following obligations of OWNER form the consideration for COUNTY entering into this Agreement: a. OWNER's construction of at least 40,000 gross square feet of building space for a manufacturing/assembly/shipping/receiving plant on the Premises, as generally described by listing or by site plan on Exhibit "A" to this Agreement, on or before 996X74 Soon. TW Ab0Wm l A/=w,ar•DmmLv 1. 1"9&w hp 1 a It tr. t . December 31, 2000; b. OWNER's commitment to add at least $2.000,000 in equipment and personal property, to the Premises on or before December 31, 2003. A listing of the equipment and personal property Owner presently intends to add is listed in Exhibit "B", but such equipment and personal property may change in kind and character so long as the aggregate valuation meets or exceeds the $2,000,000.00 commitment set forth above; c. Owner's attainment of the minimum employment levels and payrolls set forth in Section 13 of this Agreement and Owner's maintenance of at least 84 full time equivalent employees with a gross annual payroll of at least $5,175,000 by the end of the fifth year of operation of the manufacturing facility on the Premises. If OWNER fails to make the improvements called for in 2.a. and 2.b. above, then the COUNTY shall recapture any tax revenue lost, if any, as required by Texas Tax Code Section 312.205(a)(4). 3. OWNER agrees to construct all improvements in accordance with all applicable laws, ordinances, codes, rules, requirements or regulations of the City of Bryan, Brazos County, Texas the State of Texas, and the United States, and any subdivision, agency or authority thereof in effect at the time of development. 4. OWNER agrees that the site plan, exterior design drawings, specifications and materials (hereinafter referred to as "Plans") for each improvement will be submitted to CITY, and/or its designated representative, to comply with that City's requirements for building within the City limits. After approval, such Plans will be considered incorporated herein for all purposes. An official set of Plans will be designated by the OWNER and kept on file with the COUNTY. 5. OWNER shall keep the Premises insured against loss or damage by fire or any other reasonably foreseeable casualty at full replacement value, as reasonably determined by OWNER, by purchasing insurance or through a self-insurance program. OWNER shall furnish the County's Risk Manager with either a certificate of insurance or satisfactory documentation of its self-insurance program. 90.X716 'f ,i f /1-11. 'I f • G. OWNER shall submit written notice to COUNTY within ninety (90) days after The notice shall either set Premises are materiall dama ed b fire or an other casualt th y g y y. y e forth the dates OWNER will commence and complete the repair, remodeling or renovation of the damaged Premises or state that OWNER will not undertake such repair, remodeling or renovation. If OWNER notifies COUNTY that it will not undertake repair, remodeling or renovation of the damaged Premises, an event of default occurs and the provisions of paragraph 13 shall apply. If OWNER elects to repair, remodel or renovate the Premises following such material damage, then this Agreement shall continue and owner will not be in default so long as OWNER commences to repair, remodel or renovate the Premises within ninety (90) days of notice to the COUNTY and continues such repair, remodel or renovation without cessation of more than ninety (90) consecutive days. 7. OWNER agrees to provide COUNTY and its designees reasonable access to the Premises during regular business hours throughout the term of this Agreement for the purposes of inspection and examination of books, records, construction, workmanship, materials, and • installations to determine that OWNER has complied with any requirement of this Agreement. COUNTY shall, to the maximum extent permitted by law, indemnify, hold harmless and defend OWNER, its employees, shareholders, and agents from and against any and all obligations, claims, suits, demands and liability or alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements and related expenses arising in any manner from COUNTY's entry upon and inspection of the Premises, provided, however, that COUNTY shall not be required to indemnify and hold OWNER harmless for injury or harm caused by OWNER's gross negligence or willful misconduct.. 8. OWNER agrees to use reasonable efforts to manage and operate the Premises in accordance with prudent manufacturing practices and to limit the use of the Premises consistent with the general purpose of encouraging development or redevelopment within Reinvestment Zone No. 12 while partial abatement of ad valorem taxes is in effect pursuant to this Agreement. MJM DOW-To Abomm Arwam4m"w 1. 19"&C hp J d n J J 9. OWNER represents and warrants that no member of the Brazos County Commissioners Court has an interest in the Premises and that the same are not owned or leased by any member of the Brazos County Commissioners Court. 10. The relationship between COUNTY, OWNER, and any other taxing unit shall not be deemed to be a partnership or joint venture for purposes of this Agreement. 11. OWNER shall indemnify, hold harmless and defend COUNTY, its employees, officials, and agents from and against any and all obligations, claims, suits, demands and liability or alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements and related expenses arising in any manner from OWNER's construction, use and operation of the Premises, provided, however, that OWNER shall not be required to indemnify and hold COUNTY harmless for injury or harm caused by COUNTY's gross negligence or willful misconduct. 12. OWNER agrees to pay all validly assessed and finally determined ad valorem taxes and assessments (except as abated pursuant to this Agreement or otherwise exempt) owed to COUNTY prior to such taxes and/or assessments becoming delinquent. OWNER shall have the right to contest in good faith the validity or application of any such tax or assessment and shall not be considered in default hereunder so long as such contest is diligently pursued to completion. In the event that OWNER contests such tax or assessment, the amount of the uncontested taxes and assessments shall be promptly paid to COUNTY prior to delinquency. If OWNER undertakes any such contest, it shall notify COUNTY and keep COUNTY apprised of the status of such contest. Should OWNER be unsuccessful in any such contest, OWNER shall promptly pay all validly assessed and finally determined taxes, penalties and interest resulting therefrom. 13. OWNER agrees that a default occurs if. (i) OWNER fails to make the improvements set forth in Paragraph 2.a. and 2.b. above; (ii) OWNER does not maintain the Premises in good condition, wear and tear excepted; (iii) OWNER fails to repair, remodel or W"U Oro. TM AbMMMM Ay=sEDM-6W 1.19" doe hM e 0 I! i r , ,11-~ 1 1. a MI +'1 •I • • renovate any material damage or destruction of the Premises as provided for in Section 6 above after having elected to repair, remodel or renovate any material damage or destruction of the Premises as provided for in Section 6 above; (iv) OWNER fails to use the Premises for the purposes contemplated by this Agreement or allows the same to become vacant; (v) OWNER does not pay all non-abated taxes in the manner required by Section 12 hereof; (vi) OWNER fails to employ at least 24 full-time equivalent employees on the Premises with a gross annual payroll in Bryan, Texas of at least $1,380,000 by the end of the 12'h month of operation of the manufacturing facility on the Premises; (vii) OWNER fails to employ at least 36 full-time equivalent employees on the Premises with a gross annual payroll in Bryan, Texas of at least $2,070,000 by the end of the 24'h month of operation of the manufacturing facility on the Premises; (viii) OWNER fails to employ at least 53 full-time equivalent employees on the Premises with a gross annual payroll in Bryan, Texas of at least $3,160,000 by the end of the 36'h month of operation of the manufacturing facility on the Premises; (ix) OWNER fails to employ at least 69 full-time equivalent employees on the Premises with a gross annual payroll in Bryan, Texas of at least $4,050,000 by the end of the 48'h month of operation of the manufacturing facility on the Premises; (x) OWNER fails to employ at least 84 full-time equivalent employees on the Premises with a gross annual payroll in Bryan, Texas of at least $5,175,000 by the end of the 601h month of operation of the manufacturing facility on the Premises and maintain at least that employment and payroll level throughout the remainder of the term of this Agreement; (xi) OWNER fails to comply with all materially applicable statutes, administrative regulations, or ordinances of the United States, the State of Texas, Brazos County and or the City of Bryan governing the operations or maintenance of the Premises or the conduct of OWNER's business in Bryan, Texas. COUNTY shall notify OWNER in writing of such default, and OWNER shall have thirty (30) days after receipt of such written notice, to cure any default, if the default can be cured. If OWNER fails within such notice period to cure such default, or if OWNER's default can not be cured, COUNTY may, at COUNTY's sole option (except as to a default defined in (i) above, which shall be governed by Paragraph 2 of this Agreement) require OWNER to pay the MM74Dow•TaA M="AV--Dtca*WL8"0dot hp!dI! .114 WOOL 5 , t ~ y,. then current year's taxes in full and/or terminate this Agreement. The remedies listed in this paragraph (which include Tex. Tax Code Section 312.205(a)(4)), shall be the exclusive remedies available to the City for the defaults set forth above. 14. OWNER agrees to submit to COUNTY, and to each taxing unit in whose jurisdiction the Premises are situated, and from whom OWNER is receiving an abatement, no later than December 31, 1999 and on December 31" of each year thereafter during the term hcrcof, a Statement of Compliance in the form attached hereto as Exhibit "C" indicating that OWNER has or has not completed the improvements on the PREMISES in accordance with the Plans or revised plans and further indicating that OWNER has or has not complied with each applicable provision of this Agreement. 15. This Agreement shall be for an abatement term of eight tax/calendar years, unless sooner terminated. The partial exemption from ad valorem taxation of the real property, personal property and equipment during each tax year covered by this Agreement shall be computed by taking a percentage of the increase in value of said real property, personal property and equipment on January 1" of each tax year over the value on January 1" of 1999, which is the year this Agreement was executed by OWNER and COUNTY. The partial exemption percentages are as follows: Tax Year Percentage of Increased Value over January 1. 1999 Value to be Abated 1999 0% 2000 95% 2001 95% 2002 95% 2003 95% 2004 75% 2005 30% 2006 20% 2007 10% For purposes of this Section, the personal property and equipment to be abated had a value of $0.00 on January 1, 1999 because it was not situated on the Premises on that date. The W3074 Dow • To. A9au1 A0am1r4Dfetz6v 1.199 Np • d u ,i . r i 1 • 011 01 real property had a value of $60,480 on January 1, 1999 according to the Brazos County Appraisal District's certified tax roll for the 1999 tax year. 16. Miscellaneous. a. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect,- such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. b. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in Brazos County, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. C. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. d. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. Any proposed amendment, modification or alteration shall be provided to the City of Bryan City Council and to the Bryan Independent School MJYN lwoe • Tr AbW=M AOweir►D_71 ,14VO dos ►o t d 17 ~ - District for review and comment prior to adoption by the Brazos County Commissioners Court. C. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. f. No Waiver. COUNTY's failure to take action to enforce this Agreement in the event of OWNER's default or breach of any covenant, condition, or stipulation herein on one occasion shall not be treated as a waiver and shall not prevent COUNTY from taking action to enforce this Agreement on subsequent occasions. g. Assienment. OWNER shall not assign this Agreement without the written approval of the Brazos County Commissioners Court, such approval to not be unreasonably withheld. If OWNER assigns this Agreement without written approval of the Brazos County Commissioners Court, this Agreement shall terminate immediately and the partial abatement of taxes on personal property and equipment provided for herein shall cease from the date such unauthorized assignment occurred. h. Notices. COUNTY and OWNER hereby designate the following individuals to receive any notices required to be submitted pursuant to the terms of this Agreement: COUNTY OWNER BRAZOS COUNTY BETCO, INC. Al Jones, County Judge P.O. Box 1650 300 E. 26th Street Statesville, N.C., 28687 Bryan, Texas 77803 Telephone (704) 872-2999 Facsimile (704) 872-3099 W30M Omo. Ta Abo mom Arm-a Wo-OW 1.19" de, /ip 9 d 12 -00 i V- - - ti L • 01 01 CITY OF BRYAN With a copy to: City Manager BETCO, Inc. P.O. Box 1000 Attention: Mr. Sam Sabri Bryan, Texas 77805-1000 501 Wando Park Blvd., Suite 110 Mt. Pleasant, S.C. 29464 Telephone (843) 849-0779 Facsimile (843) 849-7833 BRYAN INDEPENDENT SCHOOL DISTRICT David Stasncy, President - Board of Trustees C/o Sarah Ashburn, Superintendent 101 N. Texas Avenue Bryan, Texas 77803 The parties hereto have executed this Agreement in duplicate originals, each of equal dignity. Each party has stated the execution date below the signature of its authorized representative. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. ATTEST: BRAZOS COUNTY, TEXAS Ward, County Clerk Al Jones, County udge Executed on: /s -14-- 99 By: Sabri, its Executed on: MMU son - Ta Abomm A/wM*0vM*= 1, 1999 doe hp 9 J 17 ter VOL ".PAU ~~9 r ~L EXHIBIT "A" SITE PLAN A 40,000 square foot building at an approximate cost for building and improvements of $2,000,000.00 ,a M.70'M lneo • Ta Abow'M AV.aer4-wke 1.19" *w PW 10 d 11 ~3O r~ EXHIBIT "B" t"6otW erpendlw,.. 1ST YSM 2NO YLAR 3" Yf-^R 4T% YEAR 6tH Y"R heed JAMS, 2 A& Camonrrrom t6000 Met 1?5=0 t:t+esr tLOOCa rrw 200000 200oe0 FOAc Truk 1'3000 cNc wla loOdrurJoN 300000 , CNC taeder 200000 o 1 Teti& PAM Priam $000 5000 f000 w s T4bl*319Wee Its= lima 21800 21600 • _ t crop saw Sao ~ vn Worker 10000 wvwcr 713M Chop sew Vacurn 34W Tebk Cana 5900 N 34070 1900 1600 oaMode Reader 2300 Tr(m Anr• Foem Tmcb 23000 POI&V Prase 110000 1110000 Table RACY 6000 Table $I WO we 10000 10900 10000 croosaw 900 Ourt caroect r 330 Table Cams So=y 2700 900 SW 0emppde Reeder 2500 Rorclerrn Erma ' P=R Farts mecnine vscco 319 Toeing 100000 270 TOO& O 100040 DO TWeq 100000 Fora Tr.W* 23000 Pv.w Sh~ 2140 C Hoot 0000 saes IWO . C+easa two sa,a.r1 1ssO rt=er+teaa 91sOo. 3000 3000 ,do 3000 i twoode Rwda+ 2504 A"901nd /rraa Feet Trwm 13000 23000 " 2000 C Hook sow tlonaeder Bar 2d00 , ScraPO ism 6ardarn two ' teen-To 39000 Oeewdo Baader 3000 Oenerst Oftlce ' Con%*Aar92=1 M 7300 x000 O 2300 23001. Not-vm A SOltwarr 4000 1000 60000 211100 v*o ` tiareaia P*%w ZUG ".1W • - PrWW 1100 1300 1400 , fr,nv uw a 326m my Orlcoe 11200 2900 SEGO 2900 MZM usare O 61000 ea 11600 9200 6200 4000 4000 Tree Cceu 3300 rro)e" Mtpn%L Tewu $23000" 40000 23000 40000 e6ooe 23000 0A1ea Fumtexe ue mall 112? 2003 5600 2900 3000 cony a 9;500 we 2500 2Sca 2=03 2500 203 11.4aer PmAger 1400 "W Nren v 14600 oa O - O 13000 4400 4600 luuwvi la OM40 c-7t WWv 1113000 of 6000 iSOOp 9003 0000 3000 u..taummers *uwcl am ?000 2500 0 C K- nwfdbz4 sumac 6400 $400 9111!0 0400 2900 PeAt4t 1400 riotser ASO*0 trim ub" Q :4900 « 4000 4400 4QOa sk+Peed agechk+ 10000 1~. r.. 1+; y•: •n, E, q.. 4 ~Y r.: ~I V0L...,Lff,..PAQ- .x• v I , EXHIBIT "C" STATEMENT OF COMPLIANCE WITH AGREEMENT FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT WITH BETCO, INC., IN CITY OF BRYAN REINVESTMENT ZONE TWELVE THE STATE OF TEXAS § COUNTY OF BRAZOS § BETCO, INC., and ("Owner') hereby certifies any improvements on the Property, as called for in the above-referenced Agreement, have been completed and constructed in every material respect pursuant to said Agreement. Owner further certifies that it has complied with every applicable material term of said Agreement. Signed this day of , BETCO, INC. By: Its: Any above described improvements have been accepted by the Brazos County, Texas as having been constructed in compliance with the above-referenced Agreement, and that pursuant to said Agreement the partial exemption from taxation shall commence on January 1, 2000, continuing through the year 2007, which will be the last year that the property will be entitled to exemption from taxation in accordance with this Agreement, and that the taxable value of the Premises for such period of time shall be the taxable value as finally determined, following any applicable contests and appeals, by the Brazos County Appraisal District on January 1`1 of each year of the term of the Agreement. Signed this day of , ATTEST: BRAZOS COUNTY, TEXAS Mary Ann Ward, County Clerk Al Jones, County Judge W W4 Dote • Td Altleeut Aywana0emmv 1.1- dot hp 11 d u ifa 8' F ACa I I _ ~..+-.rte C, • ~ i f t r ' , i i .a • -01 'i THE SOFTWARE GROUP, INC. Jupncr North Tcdhnulogy Park . 1120 Jupncr Rural. Suuc 100. Plano, Tcxm 75074 (972)424.1579 December 3, 1999 Commissioners Court Brazos County 300 E 26'" Street Bryan, Texas 77803 Dear Sirs I On behalf of The Software Group, the on-going analysis of your computer systems is of great interest to us Two of our trainers and support staff members, Arnold Lambert and Mary Thorpe, • are available from December 13"through December 17'" to be in Brazos County and to review , each department on a one-on-one basis. If this meets with your schedule, their daily rate is $900 dollars a day per person. But if this time slot is not open, please contact us after the first of the year to reschedule the visit. Once this phase of the analysts is completed and TSG has compared systems, we will schedule an in-depth demonstration of each product to further satisfy the users of the capabilities of our system. The demonstration will take place over a period of 4 days. Please let us know as soon as possible so we can proceed with the implementation. Sincerely. Diane Hebert Marketing Representative " The Software Group BRAZOS COUNTY T E SOF ARE GROUP ; i L. Co ty ommissione Glenn Smith ; PRESIDENT y County Judge Title 7 1 11 - ~3'3 • Applying Tcchnodhtlh !it ,NicT1 the Needs of bo-cd (;ttocrnm au • J i RESOLUTION OF COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS AUTHORIZING THE COUNTY JUDGE TO APPROVE THE ISSUANCE OF HOSPITAL REVENUE BONDS i 'F s L i i WHEREAS, Bell County Health Facilities Development Corporation (the 'Issuer) is proposing to Issue one or more series of revenue bonds (the'Bonds7 pursuant to Chapter 221, Texas Health and Safety Code, as amended (the'Act'); and WHEREAS, the proceeds of the Bonds will be loaned by the Issuer to Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation, a Texas nonprofit corporation, for the purpose of financing and refinancing the cost of health facilities' as defined In the Act (the'Projecr); and WHEREAS, a portion of the proceeds of the Bonds will be used In connection with Bryan-College Station Clinic and Bryan-College Station Pharmacy located in Brazos County, Texas (the 'County'), as described In a notice of public hearing published in, among other newspapers, The Eagle, a newspaper of general circulation within the County; and WHEREAS. Section 147(f) of the Internal Revenue Code of 1986, as amended (the'Code') requires that the Bonds and the Project be approved by the 'applicable elected representative' of the jurisdiction In which any portion of the Project is located after a public hearing following reasonable public notice; and WHEREAS, the County Judge of Brazos County has been requested to approve, as the applicable elected representative' of the County, the Issuance of the Bonds and the Project In accordance with the requirements of the Code, and has been furnished with certain affidavits of publication and certificate as to public hearing In connection therewith; and WHEREAS, the Commissioners Court of the County desires to authorize the County Judge to approve the Issuance of the Bonds and the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Section 1. The County Judge of Brazos County, Texas is hereby authorized to approve the Issuance of the Bonds and the Project and to execute and deliver such approval as requested. Section 2. The authorization to approve the Bonds and the Project is made solely for the purposes of complying with the requirements of Section 147(f) of the Code and shall not be construed as (1) a representation or warranty by the County, the CountyJudge or the Commissioners Court that the Bonds will be paid or that any obligations assumed by any of the parties will, in fact, be performed, or (ii) as a pledge of the faith and credit of or by the County. Further, the fact that the Commissioners Court has authorized the approval of the Bonds and the Project, as herein stated, may not, in any event, be used as a sales device with respect to the Bonds. Section 3. This Resolution shall be effective upon its adoption. APPROVED AND ADOPTED THIS_a DAY OF DECEMBER, 1999. ca_~ 54 County 'Judge, Brazo ounty, Texas County (/lent Brazos County, Texas WASom-Imm ~,M.....~,s,M, 1 I. 9 i 61 1 , Approval by Applicable Elected Representative December IK 1999 I, Alvin W. Jones, County Judge of Brazos County, Texas (the 'County), certify with respect to the Bell County Health Facilities Development Corporation Hospital Revenue Bonds (Scott and White Memorial Hospital and Scott, Sherwood and Brindley Foundation Project) Series 1999 (the 'Bonds') that C1-1 Based upon the evidence presented to me, for the sole purpose of satisfying the reg0lrements of Section 147(f) of the Internal Revenue Code of 1988, as amended (the 'Code'), and for no other purpose. I hereby approve the Bonds and the facilities to be financed with a portion of the proceeds of the Bonds and located within the County, all as described in the published Notice of Public Hearing included as Exhibit *B" In the Certificate of Public Hearing attached hereto as Attachment I. This approval is not to be construed as (i) a representation or warranty by the County or the undersigned that the Bonds will be paid or that any obligations assumed by any of the parties will, in fact, be performed, or (ii) as a pledge of the faith and credit of or by the County. Further, the fact that the undersigned has approved the Bonds as required by the Code may not, In any event, be used as a sales device with respect to the Bonds. IN TESTIMONY WHEREOF, I have hereunto signed my name officially hereon on the date shown above. Alvin Jones County Judge, Brazos County, Texas iC030017000 316102;1 40~.~.~,.'- HnVW(3.1&W4 t ~I Warranty No. ERW-4070-10089 EVEREST COATINGS, INC. 10 YEAR SYSTEM WARRANTY EVfiw0o0P*Fm COATINGS INCORPORATED Owner Brazos County Applicator Brazos Ure Address 300 E. 26th St. Address 13369 SH 30 College Station, TX 77803 Colleae Station. TX 77845 Phone 409/361-4460 Phone 409/776-8081 Structure Description ISO board over -metal deck Structure Name Brazos County Courthouse Juvenile Probation Dept. Structure Location 300 E. 26th St.. College Station. TX Installation Size Sq. Ft. 1,200 New XX Remedial Completion Date 8/1/99 EVEREST COATINGS, INC. warranties to the owner and applicator that the roof system will not leak for a period of (10) years due to deterioration caused by ordinary weathering conditions. Should the coating leak during this period due to such deterioration, Everest Coatings, Inc. will furnish at no charge, all materials, (foam and coatings),,-.equipment and labor necessary to repair such leaks. Everest Coatings Inc. requires that all roofing materials have been installed -according to manufacturer's printed recommendations. This (10) year warranty shall be contingent upon a mandatory 27 dry mil coating thickness. THIS WARRANTY DOES NOT COVER: 1. Any unauthorized repairs or roof alteration or the consequential effects of such repairs or alterations. 2. Damage caused by structural movement, failure of the substrate over which the foam and coating is applied, faulty construction, or design (of the building). 3. Damage caused by fire, earthquake, flood, hail, unusual weather phenomena, such as high winds or natural disaster. 4. Damage caused by third parties, including plant or animal life. 5. Damage to the building or contents thereof, or any other direct or consequential damage from any cause whatsoever. 6. Failure of metal flashing or failures resulting from movement of mechanical equipment used in conjunction with the roof membrane or other flashing materials. 7. Infiltration or condensation of moisture in, through, or around walls, copings, etc. entering the building structure. i0~8-.Fmi P.O. BOX 394 SPRING, TEXAS 77383.0394 (281) 350-9800 1 i i y ~hr . • • It is mutually agreed by and between the parties hereto that this contract shall be construed under the laws of the State of Texas. This Warranty is void unless signed by authorized representatives of Everest, Applicator and Owner. Owner's signature constitutes acceptance of all terms and conditions of the Warranty. This Warranty only becomes effective when the full contract price of the installation is paid in full to all parties and signed by an officer of ECI. The job completion date will be the beginning date for the warranty period. A3/.4 Z,Ps -Co v"'r' y By-6{1~~~ ~C ~ - Title ~,~,.s, Date OWNER f- 9 By Title Prtb'd a T- -Date-(o-2S'-?? APPLICATOR By, Title Date EVEREST COATINGS, INC. October 1996 ECIOSYS t'. f: t 4- * within Thirty(30) days of discovery. • Should any coating failure occur, Everest Coatings must be notified in writing )b=rcdsgc by the owner * Everest Coatings reserves the right for their representative to make such inspection as may be required to assure coating performance and determine the extent and cause of problems if any. * within Sixty(60) days after discovery. In the event of damage or failure caused by any of the excluded occurrences listed, owner shall4 at its own cost, bmwadlaz9W repair.or correct such damage or failure and shall notify Everest in writing. Failure to ido~~e~cpc make such repairs or corrections shall automatically void this Warranty * Everest shall have the right, at its option, to periodically inspect the System and any other areas it determines necessary and will advise owner of the existence of any such damages. *except for renair of the svstem within the Warranty vAAch can be proven not to have resulted in any part frcn the failure to make such repairs. THE FOREGOING SHALL CONSTITUTE EVEREST'S SOLE AND EXCLUSIVE LIABILITY IN CONNECTION WITH THE PURCHASE OR USE OF THE SYSTEM. THIS WARRANTY IS IN LIEU OF ALL OTHER WRITTEN OR ORAL, EXPRESS OR IMPLIED WARRANTIES AND EVEREST EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. I c BID TABULATION 2000.017 COLD MIX LIMESTONE CONCRETE PAVEMENT 1999.2000 CONTRACT 1211511999.1211512000 DERS LOADED LOADEDI LOADED- LOADED/ 0 LOCATION ONLY HAULED ONLY HAULED NIB N/B 25.00 36.21 T 15.00 37.26 NIB N/B 33.50 31.50 33.50 NIB f LED RECOMMENDATION: VULCAN MATERIALS: THD330 GLASS A, TYPE D LOADED ONLY AND LOADED AND HAU T,OLORADO MATERIALS: THD 350 CLASS A, TYPE D, LOADED ONEMM i AWARD DATE: /1- /49 k - I ~ i BID TABULATION 2000018 FENCING SUPPLIES • ANNUAL CONTRACT 1211511999.1211512000 BRAZOS BOTTOM CONROE WOOD HICKS POST PRODUCERS Oty CROPCARE PRODUCTS COMPANY COOPERATNE FURROWS 10 BARBED WIRE 10D rob *w/o red barbs Vice-29.15 Unt Pem $ 31.20 S 3200 S 31.25 NIB Sbckt wg 23625 Poet Per Rot 1327 1320 20 BARBIESS WIRE 100 fob UetPrbx Nib 3 30.71 S 29.00 S 3250 NR Sbttt 23635 Fed Per Rot 1327 1320 3.0 METAL TEE POSTS 11 6-laTeePosb 1.000 RIB i 240 UntPdte: s 288 : 220 WB Sbrkt 10owb4 23855 3.2 l Tee Posh 1.000 tkaPrI= NIB S 286 5 259 S 245 NIB Sbckt 100 perbA 23860 4.0 WOODEN POSTS 4.1 P x 6.117 Wooden s 111 Posts-.4000A 1,0D0 NS S 3AS Unk Pdm S 320 mm Stock t 23110 42 6)0•.4000A 1.000 NO UnkPdox S 0.52 S 920 S 8.99 NIB Sbrkt. 23112 4.3 1'x8'•.4000A 1.000 NIB UntPdm S 10.65 S 1130 S 1135 NUB Sbckt 23195 4.4 7x$ •.40 CCA 1.000 NIB UnkPdot S 13.53 S 14.20 S 13.95 sbck P. 23195 i .41 i i • 0 t J 4 BI Dh S CEDAR POSTS &I Vx6dllCedar Posb 1,OOD 295 Unk Prim 215 Sbdk 52 S x6.11' 1.000 325 UrdPfb& 285 Stake 53 6'x6 1,000 8.90 ft Price: Sbdct S1 rx8' 1,000 10.9 unk Pdm. Sbckk ds xS 1.ODD 129 Unk Prim. Sb ckt RECOMMENE AWARD DATE BID TABULATION 2000-019 FENCE BUILDING-ANNUAL CONTRACT t 12/15/1999-12115/2000 • • 1011.1 CORGEY HURST FENCING HURRICANE FENCE TIM AND SON COMPANY COM PANY SIKORSKI 1a.Materials 3 Labor L.F. S 1.55 $ 1.15 $ 1.15 $ 1.10 Labor only LF. S 0.60 $ 0.50 $ 0.49 $ 0.50 +25 per comer post +28 per comer post 220 per gate hanging $28 per gate hanging b. Materials & Labor L.F. "see quotes Labor Only LF. below" $ 1.20 $ 129 $ 1.15 $ 0.50 $ 0.49 $ 0.50 +$5 per comer post +$8 per comer post 220 per gate hanging $28 per gate hanging c. Materials & labor LF. S 125 S 1.32 $ 1.20 Labor Only LF. $ 0.50 $ 0.49 S 0.50 +$5 per comer post +28 per comer post 220 per gate hanging 228 per gate hanging 2. Cost per hour for Special applications $ 15.00 S30/hr $ 45.00 2301u, 2 men (man/hour) (tractor & two men) 2 tractors 3. Work can be started within ,consecutive 20 15 10 14 calendar days after notice "Diagram A L 3 M•$1.55 L only $.60 "Diagram B L 6 M -21.45 L only S.55 "Diagram C L&M$1.45 rPA-1/1 L only S.60 J RECOMMENDATION: HURST FENCING COMPANY AWARD DATE: TOTAL COST ON FENCE SAMPLE CW"pany Name 1000 ft of fence 2 gates 20 comer po3ts 3 hm special app (water g & recess gate) Total Hurst $ 500.00 $ 40.00 S 100.00 $ 90.00 S 730.00 Hurricane $ 490.00 $ 56.00 $ 160.00 $ 135.00 $841.00 Corgey $ 600.00 extra charges did not specify in bid extra charges did not specify in bid extra charges did not specify in bid Sikorski $ 500.00 $ 90.00 $590.001 •Sikorski(attempted revision after bid opening) $ 500.00 $ 30.00 $ 125.00 $ 90.00 S 745.00 -AC ' L 1 J i • G co* P aO Memorandum To: Kay Wettemann From: Linda Muegge Date: November 30, 1999 Subject: Fence Building Contract 401 5`V- h ti f ~a a',,`w CO P CI° nn ti lid f ~0 1'a 't PIO 1~ 1 11 co J ~o { J~ C° v It is the recommendation of this department that Hurst Fencing Co. be awarded the Fence Building-Annual Contract for 12/15/99 -12/15/00 as the primary contractor. Mr. Hurst is the son-in-law of Larry Isbell. Mr. Isbell held the fence contract this past year. Darrell Hurst worked for Larry and has been in charge of building fences for the past six months. Mr. Isbell decided not to bid the contract this year. Based on the bids submitted, Tim Sikorski was low bidder with Hurst Fencing Co. being next lowest bid. I contacted Tim Sikorski last week to discuss his bid. I asked him for a list of completed jobs. He told me that most of his work is done in Madison County. He has built fence for Mark Carrabba but did not feel comfortable showing me those fences due to the fact that Mr. Carrabba chooses to use used materials. Mr. Sikorski expressed concern when I questioned him about the fact that he was the only bidder to not charge extra for the installation of corner posts as well as gates. He told me he intended to add extra hours to his invoices to cover those costs. When I told him he could not add extra hours to his invoice he said he would need to revise his bid. He faxed me a sheet to cover those costs. That sheet is attached to this memo. These extra charges make his bid higher than Hurst Fencing Co. When I spoke to you to let you know that Mr. Sikorski wanted to revise his bid you told me he could not. His only options were to hold his current bid or withdraw his current bid. I gave him these options and he chose to hold his current bid. I do not know nor have I found anyone here at Road & Bridge who knows Tim Sikorski. He did tell me that he runs a dozer for Mark Carrabba. As you may be aware we have had problems in the past when we tried to use a fence builder who, like Mr. Sikorski, was a 'part-time' fence builder. 1f(1o ~d unr=a: I i r Page 2 This happened with the fence builder before Lary Isbell who also operated a dozer and was not available for fence jobs when we needed him. He also found out very quickly that he could make more money by runninedozer than by building fence for the County and left us without a fence builder for a month or more until Isbell Fencing Co. took over. It is also my opinion that you should have some building fence for the County whose sole occupation is fence building. I have watched Mr. Hurst build fence these past six months for the County and have been impressed with his work. He is dependable, polite and prompt and I feel he would be the best choice for the fence builder for the County. Cc: Tony Jones, Commissioner, Precinct 1 Bill Thornton, Commissioner, Precinct 2 Randy Sims, Commissioner, Precinct 3 Carey Cauley, Commissioner, Precinct 4 Richard Vance, County Engineer o ■ i i i^, 0 0 1 J 3 BID TABULATION 2000.020 MOTOR GRADER BLADES 199912000 CONTRACT 1211511999.1211512000 CTOR AND CO MANUFACTURING PARTS, INC. TRA . 7' X 516' X 6' T X 314' X 8' T X 518' X 8' 37.72 31.57 51.29 43.80 50.85 42.47 68.75 57.52 55.10 46.70 78.30 64.75 411.00 32.88 55.10 46.50 mwgmo~~~ 5 X 516' X IF 9' X 314' X 8' 9 X 518' X 8' - 56.58 47.36 76.92 65.70 NIB NIB NIB NB 75.61 64.36 104.52 86.02 52.71 42.27 70.84 59.70 BLACK CAT BLADES MOTOR GRADER PACAL TENSILOY VALK VIPER SPECS TO A MIN OF RC 43 (BRINNELL 400) HARDENED TENSILOY STEEL HARDENED 25 4b KOUSTOT. W bRYAN,TX HOUSTON, TX CARLISLE, PA . i 1 RECOMMENDATION: HEAD 6 GUILE PARTS: 7 FOOT BLADES AWARD DATE: 12 - - 99 , 1 L 1 I " r 1 r} Y ` ~OQ ~ ~ht Audrk Tems 78758 ftm. Texas 77802 2800 lonphom B ;9103 1809 8rlanxan Drive • 512-836-210D 409-774-220D • (FAX) 512836 IM • (FAX)4W774.7042 0 R• San Anbnb, Taxes 78218 • Temps, Arizone 85281 • 7810 Jones Ala4sberger • 1406 V*sl 14th Streel0102 • 210'8458200 4803034700 • (FAX) 210.805"6733 • (FAX)48MOMM Dahill Industrlest Inc. Tsxwkmm wmp T- , 'rwm$ 76 ,501 ' 24118mme~it Rob • 903.794.8886 • (FAX)803.793.6421 52 outn„e p► • 7 1 OQ , ".."°'"`W Gdff" DATA +ocl 1ragrngmrrar ~ . 003-09-&200 • (FAX) 90340943= ~SSF l ONTACT Ali r • NMI Orrv '4AA JIM 0 Now Costomw GUSTO OSATAooanl 0 NatronaAoooutd E~It1. oourd EY p 0 psn PWR 0 ACTT REOUEST: C TAY Dan <n C OthW. spWfy sHP VIA P.O. Nb 7 7 1 )k A P 42 l-i 0f • / I oo l l / alp wawr.•e FWOM am-da ,,%mat an 6ubblsl Sd" Tex rc-~ooout~nNa uwurc-pNro►o an TOTAL N S v 0 a A A N s I y I• I. • -01-99 WED 12:03 PH DAHILL INDUSTRIES INC. FAX N0. 4097747642 P.01 DAHILL ~P 81~"~ PROOMS 1889 Brfarclest DAw INDUSTRIES, INC. 4 TIMM 7M r SHA«R 07"s WINNING COMOINATION° . • 0 l/ FACSIMILE COVER SHEET FAX (409) 774-7642 DATE: TMM: 61:ec) TO, COMPANY. PHONE M:.3 FAX is This lha contains Z pages, inducting the cove. The maintenance contract on your T $875 Sharp copies is about to eapim Enclosed in this fax wmsmisskm is a centred renewal form. The contract is based on the tams of your previous coattact. No dwgw have been made Am sign at the X on the enclosed renewal Sxm and fax to the number listed above If you have any questions about the renewal, please Stet Siee to call! Remember, ' any service call or suppf es that you need will not be cowered after the &Tkzdoa of your won= until the rewwal form is siped. '!bank You, Elisa Hrazell Customer Relations (409) 7742200 Fiobry AufWtMd So= and 6.~b AUWn en~rou CAOM Pnoenbl • sun Anlonb • 7tralks>a • 7~Ierl6ol~k~r . F ■ ■ ■ ■ ■ ■ r ■ ■ ■ ■ r /0//7 V, is ;z The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Alvin W. Jones, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of ~ECE~/lBCr2 A.D. 19~~. Mary ArA Ward County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this TM day of TfiGEM 3E~ A.D. 19~_. Alvin . Jon Cou t dge Tony Jones, ComttCissioner Precinct #1 illiam Thornton. CommissionerRrecinct #2 Randy S' is, commissioner Precinct #3 AA - - ch." Q8 ~ - 0 Carcy Caul , Commissioner Pr cinct Treasurer's Report for the Month of OCTOBER 1999 i f .r r• . . i i ~ ~ I i a THIS PAGE LEFT BLANK INTENTIONALLY VOLLLPAGE