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HomeMy WebLinkAbout2000-05-09-0900AM-Regular• :,~~~ttiC ~ BRAZOS COUNTY A:ohE SRYAN. TEXA6 6Y FUll NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT 01 • THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, MAY 9, 2000 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26T" STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation - Commissioner Cauley. 2. Pledge of Allegiance - Commissioner Cauley. 3. Call for citizen input and/or concerns. Consider and take action on agenda items 4 - 21: 4. Budget Amendment 99/00-24. 5. Personnel Changes of Status. 6. Payment of Claims. 7. Tax Increment Financing Agreement with the City of Bryan relative to the proposed golf course development. 8. Agreement for Development and Tax Abatement in Reinvestment Zone Number Thirteen for Commercial Tax Abatement for BETCO, Inc. 9. Agreement for Development and Tax Abatement Reinvestment Zone Number Twelve for Commercial Tax Abatement for Viatel Development Company. 10. Agreement for Integrated Hardware and Software System with DynaSource, Inc. relative to document imaging. IL Interlocal Cooperation Agreement with Travis County for Medical Examiner Services. 12. The National School Lunch Program Application for Juvenile Services Department. 13. Authorizing Revision R-24 to the contract with W M. KlunkeM Construction Company for the Brazos County Detention Center Addition. 14. Vehicle Use Policy for the Maintenance Department. Ago% vm.j'~q- ofisas Commissioners Court Meeting Agenda May 9, 2000 Page Two ti 15. Establishing date and time for public hearing to consider the posting of speed limits on Old Reliance Road and Lakefront Road located in Precinct 3 and Peach Creek Road located in Precinct 1. 16. Request by Constable, Precinct 4, to add a non-paid reserve deputy. 17. Switched/Dedicated Service Enrollment Form and Agreement for long distance telephone service. 18. Authorizing the Purchasing Department to advertise for bids for the following: a. Bid #2000-042 Office Furniture, Annual Contract b. Bid #2000-043 Cleaning Supplies for ]ail, Annual Contract c. Bid #2000-044 Oil and Filter Changes, Annual Contract 19. Request from Sprint Telephone Company to revise a previous request (approved March 7, 2000) to excavate an existing cable along Paradise Way at its intersection with Pioneer Drive for maintenance. Site is located in Precinct 1. 20. Request from Wickson Creek Special Utility District to construct a road bore in the right- of-way of Bendwood Drive (Forest Lakes Subdivision) approximately 300 feet from its intersection with Forest Drive. Site is located in Precinct 3. 21. Request from Wickson Creek Special Utility District to construct a road bore in the right- ; of-way of Deer Run Drive (Deerfield Estates) approximately 500 feet from its intersection with Deerfield Drive. Site is located in Precinct 3. 22. Acknowledge receipt from the County Treasurer of the Quarter Ending 03-31-2000 Investment Report. 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. 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 (979) 3614102. COMMISSIONERS' COURT REGULAR MEETING MAY 9, 2000 • 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, May 9, 2000, 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 County Judge announced that the meeting was recessed • to allow time to move the meeting to the 85th District Courtroom on the 2"c floor of the Courthouse. This was necessary in order to accommodate the number of citizens in attendance. Under citizen input and/or concerns, Bob Yancy asked if a current feasibility study would be conducted on the Traditions Golf Course Project to be constructed in the City of Bryan Reinvestment Zone. The Court next considered Budget Amendment #99/00-24.1 through 24.7, which would transfer funds to Justice of the Peace Precinct 6, Juvenile Detention Services and reallocate funds budgeted for the Computer and Network Services department, Narcotics Task Force, Kids & Cops Grant, Constable Precinct 4 and Personnel. On motion by Commissioner Sims, • seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. Vol 19 Page (Q a 9 Commissioners' Court meeting May 9, 2000 2 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 the following Claims as submitted by the County Treasurer for payment: 2000-6679 through 2000-6923 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter for consideration was the Tax Increment Financing (TIF) Agreement with the City of Bryan concerning the proposed golf course development. The following people submitted public participation forms indicating they wished to address the Court: Gale H. Touchstone Frank Thurmond Jody Quimby Yielded time to Prank Thurmond Jeannette H. Roman Yielded time to Frank Thurmond Glenn Thomas Paul Darmitzer Yielded time to Frank Thurmond F. M. Young Dave Elmendorf Yielded time to Frank Thurmond. Louis M. Newman Yielded time to Frank Thurmond Jo Carol Redd Yielded time to Davis Young Davis Young Bob Yancy Lonnie Stabler Mitch Morehead Commissioner Cauley moved to enter into Agreement for participation in the City of Bryan Reinvestment Zone Number 10 (TIF). The County Judge seconded the motion. Commissioner Jones read a statement into the record citing the reasons he could not support the TIF as submitted. Commissioner Sims stated that in reading the contracts, he is concerned about the TIP as presented. Vol Page (030 i , i w. Y...-~•w.y. ..c _rr a•-J: w~.-J. ...-.ax _k r~..l= - ~✓.li.a:,•yS:.r..4'-s.ayy,l~~. .:E v.fs+..a._r!a,-1~-- w.~i.-..,.-a 1l - r~ 01 61 3 Although C.F. Jordan, the contractor, has agreed not to build residential homes in the TIF, he does not like the public sector being in competition with the private sector. Various concerned citizens offered opinions or yielded their time so that someone else could speak. Brazos County legal representative, Patricia Meronoff, pointed out several flaws in the contract as presented. Commissioner Cauley stated that if nothing -is done for the north and west areas of Bryan, the community as a whole will suffer. Commissioner Jones offered an amendment to the original motion to approve the TIF requiring a current feasibility study. The amendment was seconded by Commissioner Sims. Commissioners Jones, Thornton, Sims and Cauley voted for the amendment. The County Judge abstained. Commissioner Thornton qualified his voted by saying that it was for the amendment to require a new study. Bryan Mayor, Lonnie Stabler, informed the Court that the most current feasibility study had been done in September of 1999. The County Judge stated that he thought the amendment voided the original motion. After questioning by the County Judge, he ruled the amendment out of order and called for the vote on the original motion to approve the Interlocal Agreement to Participate in the Reinvestment Zone Number 10, City of Bryan. The County Judge and Commissioner Cauley voted for the motion. Commissioners Jones and Sims voted "No". Commissioner Thornton abstained, whereupon the County Judge announced the motion failed. Commissioner Jones moved to delay action on the Agreement to Participate in the Reinvestment Zone (TIF) until a current feasibility study could be conducted on the University Ranch Project. The motion was seconded by Commissioner Sims. The motion carried by a voted of four "Ayes" and one abstention. Vol I Page ~31 Commissioners' Court meeting May 9, 2000 • r X L Commissioners' Court meeting May 9, 2000 4 The next matter for consideration was an Agreement for Development and Tax Abatement in City of Bryan Reinvestment Zone Number Thirteen for Commercial Tax Abatement for BETCO, Inc: The tax exemption 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 t of Abatement 2000 0$ 2001 95V 2002 95$ 2003 95% 2004 95% 2005 75% 2006 3096 2007 20% 2008 10$ On motion by Commissioner, Sims, seconded by Commissioner Thornton, the Court voted unanimously to grant the tax abatement to BETCO, Inc. A copy of the Agreement is attached hereto. The Court next considered entering into Agreement for Development and Tax Abatement in Reinvestment Zone Number Twelve in College Station for Commercial Tax Abatement for Viatel Development Company. The tax exemption 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 2000 0% 2001 70%. 2002 70% 2003 60% 2004 50% 2005 40% 2006 30%- 2007 20% :i 2008 10% 4 Vol Page 1 ~ t V - C ' L.~... ..x;..:.._' ~t.++'r-' - -..:.~.......r~..:tu a.u+L..~a...a~;e..ti~'~,:~.~i~.dGi:Z.'f..r.a..~.+.:~__`~ _~..,r•~' _ .y ;L•,-.. ~ ~ _ • • Commissioners' Court meeting May 9, 2000 5 On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to grant the tax abatement to Viatel Development Company. A copy of the Agreement is attached hereto. The Court next considered entering into Agreement with DynaSource, Inc. for Integrated Hardware and Software System for document imaging. Total cost to Brazos County will be $229,252.00. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to enter into ' agreement with the DynaSource, Inc. and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The next matter for consideration by the Court was entering into an Interlocal Agreement with Travis County for Medical Examiner Services. On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to enter into an Interlocal Agreement with Travis County. A copy is attached. The Court next considered authorizing the County Judge to make application to the National School Lunch Program for the Juvenile Services Department. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to make application to the National School Lunch Program. A copy is attached. The Court next considered authorizing Revision R-24 to the contract with W. M. Klunkert, Construction Company for the Brazos County Detention Center Addition. R-24 is for painting the detention wall at the visitation room and adding wall vinyl at the waiting room. This would increase the contract is amount by $1,600.00. Vol 19 Page ~ 33 Commissioners' Court meeting May 9, 2000 ~i ~i .i 6 i On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve Revision R-24. A copy is attached. The next matter for consideration was adoption of a vehicle Use Policy for the Maintenance Department. On motion by Commissioner Thornton, seconded by Commissioner Sims, the Court voted unanimously to adopt the policy as submitted. A copy is attached. The Court next set the date and time for a public hearing to consider the posting of speed limits on Old Reliance Road and Lakefront Road located in Precinct 3 and Peach Creek Road located in Precinct 1. On motion by the County Judge, seconded by Commissioner Sims, the Court voted unanimously to set Tuesday, May 23, 2000 at 10:30 a.m. as the date and time for the hearings. The Court next considered a request from Constable Precinct 4, Duane Peters, to appoint Robert Olsen as unpaid Reserve Deputy Constable. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Constable Peters to appoint Robert Olsen as unpaid Reserve Deputy Constable subject tc appointment being within the allotted number of deputies. The next matter before the Court was approval of a Switched/Dedicated Service Enrollment Form and Agreement for long distance telephone service with NTS Communications, Inc. On motion by Commissioner Thornton, seconded by Commissioner Jones, the Court voted unanimously to enter into Agreement with NTS Communications for long distance telephone service and authorize the County Judge to execute all documents. A copy of the Agreement is attached. The next matter for consideration was approval for the Purchasing Agent to advertise for the following bids: CL. 2000-042, Office Furniture Annual Contract Vol Page 3~} a Y t ` 4 1 1.`.. Y- u...~....:.ti+.u..+~.l....L.........-•.....a..._r F-s_~a.~ a~..~.•_~...al.~•.onL'.b..urvrl.+iw. i....✓a.. ..r._wwa........ .~J.... e...w.U •...,.r.+. .a _ _ t 0II Commissioners' Court meeting May 9, 2000 7 b. 2000-043, Cleaning Supplies for Jail c. 2000-044, Oil and Filters Annual Contract. On motion by Commissioner Cauley, seconded by Commissioner Jones, the Court voted unanimously to authorize the Purchasing Agent to advertise for the previously noted bids. The Court next considered the request from Sprint Telephone Company to revise a previous request approved by Commissioners Court March 7, 2000 to excavate an existing cable in the right-of-way of Paradise Way at its intersection with Pioneer Drive in the Seven Eleven Ranch Subdivision. The new proposed work will include an additional 1,300 feet of cable that will be installed close to or in the ditch flow line requiring extra care with backf ill and compaction to keep the flow line erosion to a minimum. 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 revised request of Sprint Telephone and authorized the installation. A copy of the revised request is attached hereto. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore in the right-of-way of Bendwood Drive in Forest Lakes Subdivision approximately 300 feet from its intersection with Forest Drive. The site is located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. Vol Page C~ 35 t . f i 1 f t f Commissioners' Court meeting May 9, 2000 g The Court next considered the request from Wickson Creek Special Utility District to construct a road bore in the right-of-way of Deer Run Drive in Deerfield Estates approximately 500 feet from its intersection with Deerfield Drive. The site is located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court acknowledged receipt of the Treasurer's Quarterly Report ending March 31, 2000. A copy of which is attached to and made a part of these minutes. Under announcement of interest items and possible future agenda topics Commissioner Sims made the following comment: a) He asked the status of the Law Library. Commissioner Thornton replied that it was probably time to change the library from books to the electron medium. The County Judge made the following comments: 1) The Court should have workshops on the following topics: a. Collection process by District Clerk b. Debt Service Analysis c. Capital Fixed Assets d. Questions raised on Workers Compensation inequities e. Legislative issues to be supported f. Meal reimbursement for one day business trips g. Employment Handbooks and Policies h. Variance on 60 bed need for jail and he also commended the Sheriff on complying with jail standards and passing inspection. i Compliance with health standards and septic tank needs. 2) The auction generated about $130,000 for the County. The 1978 motor grader sold for $32,000, the 1979 motor grader sold for $29,000 and the 1971 loader sold for $20,500. There was no citizen input and/or concerns. Vol .9 Page w3-4 i There being no further business to come before the Court, the meeting was adjourned. Vol Page ~ 3 7 a~ r~ i i i Commissioners' Court meeting May 9, 2000 10 The foregoing minutes of- the Commissioners Court meeting held May g, 2000 have been examined and are approved in open Court this the Aj 61- day of addSdta~ 201M, in Bryan, Brazos 41 County, Texas. Alvin W. ones Tony Jones County Judge Commissioner, Precinc 1 _J -41W-M. S . Thornton Commissioner, Precinct 2 C ey Ca ley, Jr. Commissioner, Prec'n 4 f4 Vol Page _ ~ .tip. ~.~~.3.."... ....._._+__s6. _ "......w _Y...wr. ...::-~..~.a "y :.c:.+..M•~ _ ~4~' r~sur....auL.~+rrL~S.-.i..!+.?a.'.i...~L..~ ...,~w~vh-;- ~ ~a_ _ . Randy Si Commis oner, Precinct 3 Mary n ward County Clerk • i L 1 BRAZOS COUNTY COMMISSIONERS' MEETING ON /11 ZODO I r AT A.M. Tlx~` C~ 0 OU ! U L o -Jo %bl d co a ~ u ` o u,-i 67 (flee K 177 Jai 39 BRAZOS COUNTY COMMISSIONERS' MEETING ON ~i(1¢Y ZOOlf AT 9 A.M. • J "'Apo ~v L, ~4T i 10 .r i ~~l _ai-. rl. _~-L-a... 4~. Mi\• ram. - .L i . r •I •I 401 ti ~!i( 9, zoom ~~ZL gf'-tTlJvl ~3 ~ 5e 1 ~,e~ C ti► S C- Kai ~V1M E.6t,F~Y ,i~dtooKs •K•y . iv Cco c C , 7- e o r OL 1^0 X 4:!~,p,,, S,a A3s~ a NO ONI13314 , SH3NOISSIWWO3 AINnOO SOZYHq j r - J BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 1999-2000 BUDGET YEAR NO. 99/00 24.1 through 24.7 1 On this the 9" day of May 2000 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 May 9, 2000 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 91" day of May 2000. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Alvin W. Jones, County Judge - e~-" j - - - - - - Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Y , 1 { 1' ~ ' " r ' ' s'FYL~ "-ii:7v. 'v.++.>.wS.'dpa2:..ii ~'leal' ~ - 'N~!-~,i.[.::~,?a•._ _.i u < lifi..c.'!r~]iL.~~-...~a.•..roaw:.Wwa►.':Yuit:uu.JJ+L i.ty-_ a A 1 1 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00 - 24.1 5/9/00 • FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 140001 617300 Dr. Telephone-Long Distance 400.00 01 140001. 710200 Cr. Computer Contracts 400.00 Computer Network Services To reallocate the budget to allow for unanticipated increase. 400.00 400.00 atea'~"" 00 ate:>: ~i4T~' '.,f VO 9 I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00 - 24.2 _ 5/9/00 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Incre ase Decrease 01 246001 715000 Dr. Rental-Equipment 1,525.00 01 110015 611300 Cr. Contingency 1,525.00 of the Precinct 6 To setup the budget for the lease of a digital copier that was approved in Commissioner's Court 4/25/2000. The budget represents May-Sept at $305 per month which included the maintenance fees. Totals 1 1,525.001 1,525.00 U.cte; ~I bate: ~ 4~.._a...~....._.w.,...y~.v..~.._:....~.1 ~u...a.~...:.d~•..e r:.A7:uc:a~xa-L.i:ssw`ash'.}s:rl+~r~a~ ~S1L:~•,r4.~1.hrb~~L..rtr.i.L~W::r.:..i - - _i:.,.; _ _ - • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00 - 24.3 5/9/00 01 101 • FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 310001 715000 Dr. Rental-Equipment 6,150.00 01 110015 611300 Cr. Contingency 6,150.00 Juvenile Dentention Services Contingency To reclassify budget to properly account for the Canon 6085 Copier that was leased 11/17/1999 and represents an operating expense to their departement. The original purchase order for this lease was charged in the Capital Improvements Fund which has been designated for capital purchases only. The expenditures associated with that transaction have been journalized into the proper line item. Totals 6,150.00 6,150.00 RUM epa~e B 4Y ~ti1I .PProve y; a.., i ^ r. •afe.►-a `:,;~„••-'yy,lti~4~:~.~. ,:'/2/00 ate.:. AS ~ ;rte,. ' ~ ~ I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00 - 24.4 05/09/20M1 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 2820 715060 282000 Dr. Rental - Office Space 24,150.00 30 2820 802940 282000 Dr. E ui ment - Telephone 13,709.00 30 2820 803020 282000 Dr. . .Computer - Hardware 11,491.00 30 2820 803420 282000 Dr. Furniture 3,400.00 30 2820 725900 282000 Cr. Professional Fees - Other 15,000.00 30 2820 618010 282000 Cr. Travel 7,000.00 30 2820 614000 282000 Cr. Insurance 3,350.00 30 2820 808900 282000 Cr. Vehicle 24,000.00 30 2820 653500 282000 Cr. Gasoline 3,400.00 Narcotics T ask Force To reclassi budget to allow for add itional expenditures do to the move to a new office. Has been a roved b the Criminal Justice Division. Totals 52,750.00 52,750.00 :Prepared By = 6KC ~Approved.By:' ' M 05/0212004: bate• ~ , , • r. 6,4 e:--x.. ...v.. .::s....~::.iu.w(i.:..+.l..o~etd'~d.-2a'• ;',:,~.1 ~•H ~1'"' .r'.a~a..:a~trilt:.L ~ , i r ii 1 1 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS -No. 99/00 - 24.5 05/09/2000 01 • • I i I i { FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 1811 516200 Dr. Hourly - Overtime 3,000.00 30 1811 514400 Cr. Salary - Law Enforcement 3,000.00 Kids & Cops To reclassify budget to allow forexpenditures that are being ex nded out of the overtime account rather than as salary Law Enforcement. Totals 3,000.00 3,000.00 r"a)Ap rovefe L.r ~5.' t 4 S " t'ri_'~Sk.' o....e..~>.,... +.os _''?i._ _ 4rt itiiis~'•'. a; ^ j • r, 47 n ' rl 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00 - 24.6 5/9100 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 304001 659500 Dr. Vehicle Maintenance 240.00 01 304001 611100 Cr. Conference & Seminars 90.00 01 304001 618010 Cr. Travel 150.00 Constable Precinct 4 To reallocate budget to allow for increased needs. i 240.00 240.00 l ~ep:ir` _mkNv 'PPeoVed W.- 7. ..Z.:_ ace: ~i3 ate: 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 99/00 - 24.7 5/9/00 101 401 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 45 630005 806715 Cr. Printer Replacement $ 150.00 45 630005 613240 150000 Dr. Equipment - Minor 150.00 Capital Improvement Fund Personnel Departmen To reallocate budget to account for the printer replacement in the Personnel Department. Totals 150.00 150.00 epared: y; i.._.'. Y PProved' .Y„°t y ice' <T•~=:-% ate: <+513/0 ate•,y VOL 01 A 1 PERSONNEL CHANGE OF STATUS i I i r 1 I I page 1 of 1 COURT DATE: May 9, 2000 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status i#*##*#*ww*i**»»»*w»iwwi*»*#i»»»»*i»»»i»»#»i»**»»»»i»»»»»i»» »*»»»»»ii»i»»i»»R»i»»i»i DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED »*#www»#w#»*#»»i»»»»»iiw»»»#»»#»»»»i**»ii»»»»#»»**»#»»*»*»»» »i»i*»»»»»»»»»*»**i*i#i* BRAZOS VALLEY WORKFORCE FUND GOTTSCHALK, TRISHA RESIGNATION JOHNSON, DASIE R NEW HIRE-REPLACING - - GOTTSCHALK JUVENILE SERVICES-TJPC COMM CORR AUSTON, JENNIFER PROMOTION MUNICIPAL PLANNING ORGANIZATION MATTHEWS, KEVIN RESIGNATION HOLLAND, TIMOTHY M RESIGNATION ROAD AND BRIDGE DEFFENDOLL, SCOTT R NEW HIRE-TEMP SEASONAL LABOR ALLEN, NATHANIEL NEW HIRE-TEMP SEASONAL LABOR Approved in Commissioners' Court: May 9. 2000 County Judge's or Commissioner's Signature: .C/J • - I h , t f ' y ~.r~,_. , ~_..•.w.. ....an~,h._._..~...~._,...... 3••.....:.••.l•_uti~,c:..:.Qa.,.ti~:.~._oa+..ri.i:.J~.t.- ~'.r.~..4~~.:i.._..:_,:x'_.:.i~..._..~.._~~ . , AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT IN REINVESTMENT ZONE NUMBER THIRTEEN (13) FOR COMMERCIAL TAX ABATEMENT, BRAZOS COUNTY, TEXAS 0~ 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 County 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: WHEREAS, the City Council of the City of Bryan, Texas, on the 28'h day of March, 2000 by ordinance, established Reinvestment Zone Number Thirteen (13) for Commercial Tax Abatement, Brazos County, Texas (hereinafter referred to as "Zone") as authorized by CHAPTER 312, TEXAS TAx CODE. 01 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 2, Bryan Industrial 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 20,000 gross square feet of building space for a manufacturing/assembly/shipping/receiving plant, at an approximate cost of $1,500,000.00 (including personal property and equipment), on the Premises as generally t described by listing or by site plan on Exhibit "A" to this Agreement, on or before December 31, 2000; b. OWNER's commitment to add at least $880,000 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 also listed in Exhibit "A", but such equipment and personal property may change in kind and character so long as the aggregate valuation meets or exceeds the $880,000.00 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 10 full-time equivalent employees with a gross annual payroll of at least $250,000 by the end of the first 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 Property 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, 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 COUNTY, and/or its designated representative, for approval with such approval to not be unreasonably withheld. 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. 1f F OL ..1..1...r,.._1....:.1.r=.•`.....,.rsl.>.Y•..~.L'.,...e,_aa=s._..~-i~4iiSl.da7+:v.J ~t1"~r`._~>diie'u.~fiduu. ~.d1S ~J~d ~.~G:dx`.i,]~u.761{'w:uh.~.iw ...yui,_-'.+...~ir. ~o is 01 01 l 6. OWNER shall submit written notice to COUNTY within ninety (90) days after the Premises are materially damaged by fire or any other casualty. The notice shall either set 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 shail 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. 13 while partial abatement of ad valorem taxes is in effect pursuant to this Agreement. VDLJ-7-.Ar-~F, 3 t I ,a t. 9. OWNER represents and wan ants 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. OWNER agrees that COUNTY assumes no liability or responsibility by reviewing plans, or making inspections in the event there is a defect in the improvements constructed on the Premises. The relationship between COUNTY, OWNER, and any 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 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 Section 2.a. and 2.b. above; (ii) OWNER does not maintain the J q q g, er#, S;~ Ll~m 21 . ~ .s - •.in r ..:~.is~~.6iL:._•T~~•':':+-v_;~:~f~~ .st..~w..~ n~ai;.ai..:4:L'.a9.:r=',.r,....•_~Lk r 4 i 01 61 Premises in good condition, wear and tear excepted; (iii) OWNER fails to repair, remodel or 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 10 full-time equivalent employees on the Premises with a gross annual payroll in Bryan, Texas of at least $250,000 by the end of the 12`" 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; (vii) 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 Section 2 of this Agreement require OWNER to pay the then current year's taxes in full and/or terminate this Agreement. The remedies listed in this paragraph (which include Tex. Prop. Code Section 312.205(a)(4)), shall be the exclusive remedies available to the COUNTY 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, 2000 and on December 31" of each year thereafter during the term hereof, a Statement of Compliance in the form attached hereto as Exhibit •B" indicating that OWNER has or has not completed the improvements on the PREMISES in accordance with the VOL.,,,,L - _5': &I I . J.,PACIMt - 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 In of each tax year over the value on January 1" of 2000, 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 2000 0% 2001 95% 2002 95% 2003 95% 2004 95% 2005 75% 2006 30% 2007 20% 2008 10% For purposes of this Section, the personal property and equipment to be abated had a value of $0.00 on January 1, 2000 because it was not situated on the Premises on that date. The real property had a value of $56,220 on January 1, 2000 according to the Brazos County Appraisal District's records. 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 9f the remaining provisions of this Agreement shall not be •^r„ ~ f 1 0~ ~J 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 aanly. 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 City of Bryan and to the Bryan Independent School District for review and comment prior to adoption by the Brazos County Commissioners Court. e. 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. Waiver. COUNTX'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 ~57/ 01 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. Assignment. 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 tenons of this Agreement: COUNTY OWNER BRAZOS COUNTY BETCO, INC. Al Jones, County Judge 300 E. 26'x' Street P.O. Box 1650 Bryan, Texas 77803 Statesville, N.C. , 28687 Telephone (704) 872-2999 Facsimile (704) 872-3099 With a copy to: BETCO, Inc. Attn: Mr. Sam Sabri 501 Wando Park Blvd., Ste. 110 Mt. Pleasant, S.C. 29464 Telephone (843) 849-0779 Facsimile (843) 849-7833 City Manager BRYAN INDEPENDENT SCHOOL DISTRICT P.O. Box 1000 David Stasny, President - Board of Trustees Bryan, Texas 77805-1000 c% Sarah Ashburn, Superintendent 101 N. Texas Avenue Bryan. Texas 77803 + ~ ~,5 ....~~rr -i.. -c'~ s. ..i ~_+t,.u_J.~:-.1c:.:..~.~.:.:e~..t.~i~.;..:.iait..:dll.~w.::~i:r..a:,.•:.£~:L32`~a.:~if.~•S:.i. ~....:.+..':•a,~ • 4 I , t - l 1 u 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 Mary Ann )Ward, County Clerk Alvin W. Jones, Coun udge Executed on: S - 9 - or> ATTEST: 0AIL4L 81adAAC.-I E BETC INC. By: Sam Sabri, President Executed on: -X,4„2,/,2 _4 i' f' t ~ i i r 101 1 r r Nor(ih STATE OF 8001 CAROLINA § § ACKNOWLEDGMENT COUNTY OF CIVfftEESTEW § Ire af-1 Before me, the undersigned authority, on this day personally appeared Sam Sabri who is the President of Betco, Inc., a Delaware Corporation, on behalf of said corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of N&tA 2000. Notary Public in and for the State of Sead Carolina N&th STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § Before me, the undersigned authority, on this day personally appeared Judge Alvin W. Jones who is the County Judge of Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said County. Given under my hand and seal of office on this the day of Wdzlvl 2000. en~ ld~; BEATRIZ D. GREEN N ublic n d for tffe MY COMMISSION MIRES State of Texas June 11,2002 V0L..,d 10 A'4~ 61) f , { _ L...._,+.......~~~..._ ....:Jw.....lI.:.1<.~i..i.:r..1_.ri.~iiL..Ci..:ir:~.'c1 n~L+ei.~:.sv..~;«~Sw'y.i~::+.:~_J:~:~,xj:...2a.t'e: law i`.. - _ , t 1^ 1 1 1 • • 0 i t EXHIBIT "B" STATEMENT OF COMPLIANCE WITH AGREEMENT FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT WITH BETCO. INC.. IN CITY OF BRYAN REINVESTMENT ZONE THIRTEEN 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 . 20 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, 2001, continuing through the year 2008, 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 Vt of each year of the term of the Agreement. Signed this day of . 20 ATTEST: BRAZOS COUNTY, TEXAS Mary Ann Ward, County Clerk Al Jones, County Judge Val q 12 - _.....~.V....._.,..r~,.<.sc_.._,aJ.,...,r..n~.~..J.... c::.S= ,'~-.•k_i..;u.1:~ti~~~L.:~;as~ly..w.yrLaL,..m.• ~a+i"~rv_~.z:~~..~~ .~r_~--- !~..n..:~.....'---- .._s_ _ - i AGREEMENT FOR DEVELOPMENT AND TAX ' ABATEMENT IN REINVESTMENT ZONE NUMBER TWELVE (12) FOR COMMERCIAL TAX ABATEMENT BETWEEN BRAZOS COUNTY, TEXAS AND VIATEL DEVELOPMENT COMPANY • 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 County Commissioners Court (hereinafter referred to as "COUNTY") and VIATEL DEVELOPMENT COMPANY, a Delaware corporation (hereinafter referred to as "OWNER") acting herein by and through its duly authorized officer. WITNESSETH: WHEREAS, the City Council of the City of College Station, Texas, ("COUNCIL") has recently, by ordinance, established Reinvestment Zone Number Twelve (12) for Commercial Tax Abatement, City of College Station, Texas ("ZONE") as authorized by ARTICLE 1066F, V.T.C.S., as amended, and V.T.C.A., TAX CODE §312.201; and WHEREAS, the Brazos County Commissioners Court has adopted guidelines for the granting of tax abatement in legally constituted reinvestment zones; and WHEREAS, in order to provide for the proper development of the PROPERTY (as hereinafter defined) and to aid in the conduct of the operation thereof to the best interest of the COUNTY and the OWNER in accordance with the above-referenced ordinances and statutes, the parties do mutually agree as follows: 1. The PROPERTY that is the subject matter of this Agreement is a 14.5 acre tract or parcel of land lying and being situated in the Business Center at College Station, and being Lot 3, Block 4, Phase III, Brazos County, Texas, and being more particularly described in the metes and bounds description and diagram in Exhibit "A" attached hereto and incorporated herein for all purposes. Said 14.5 acre tract hereinafter referred to as "PROPERTY" and togethet with all fixtures and permanent improvements shall be referred to as the "PREMISES". 2. In consideration of OWNER's construction of a minimum of 80,000 finished sq. ft. office building for a total value of real and personal property improvements of at least $9,500,000 to be used in telecommunications operations and creation of jobs and payroll, as detailed in Section 10, hereinbelow, COUNTY agrees, subject to the terms and conditions contained herein, that the above-described PREMISES shall be entitled to an exemption from taxation for the increase in value of said PREMISES over the Base Year (as hereafter defined) for a period of eight (8) years, and that upon the expiration of such time this Tax Abatement Agreement shall terminate. 0 • ti OWNER acknowledges and agrees that the purpose of this Tax Abatement Agreement is to encourage development of the PROPERTY in Reinvestment Zone Number Twelve (12). OWNER agrees to limit the use of the PREMISES to further said purposes stated in this Agreement. 3. OWNER agrees that the site clearing plan, site plan, interior and exterior design drawings, specifications and materials (hereinafter referred to as "PLANS") for each improvement will be submitted to COUNTY, and/or its designated representative, for its review and reasonable consideration, which PLANS are incorporated herein for all purposes. An official set of PLANS will be designated by the OWNER and kept on file with the COUNTY. 4. OWNER agrees to construct all improvements in accordance with all applicable laws, ordinances, codes, rules, requirements or regulations of the City of College Station, Brazos County, and the State of Texas, and any subdivision, agency or authority thereof in effect at the time of development. 5. In the event PREMISES is damaged by fire, act of God, or any other casualty, the OWNER shall diligently prosecute such reconstruction, repair, remodel, or renovation of PREMISES in accordance with the PLANS or revised PLANS. OWNER shall notify COUNTY within 60 days of such event. If OWNER decides not to repair, remodel, renovate, or reconstruct the damaged PREMISES, then the exemption from taxation as provided for in this Agreement shall cease, the PREMISES will be taxed at full market value, and OWNER shall repay to COUNTY the amount of the tax previously abated in prior years. 6. COUNTY by approving the PLANS or any revised PLANS, assumes no liability or responsibility therefor for any defect in any structure constructed, renovated, or repaired from the PLANS or approved revised PLANS. The relationship between COUNTY and OWNER at all times shall not be deemed a partnership or joint venture for purposes of this Agreement. 7. OWNER agrees to and shall indemnify and hold harmless and defend COUNTY, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all reasonable expenses of litigation, court costs, and reasonable attorney's fees, for injury to or death of any person except as caused by the COUNTY, for damage to the PREMISES except as caused by the COUNTY, for any breach of contract except for a breach by the COUNTY, or its failure to abide by all applicable environmental laws, rules and regulations arising out of or in connection with OWNER's operation and construction of improvements on the PREMISES. 8. At all reasonable times during the construction of PREMISES, and following its completion, COUNTY and its respective designees may inspect PREMISES in order to ensure that all construction, workmanship, materials and installations involved in or incident to the project are performed in substantial compliance with the approved PLANS and that the PREMISES comply with all of the conditions and the applicable building permits and governmental regulations. COUNTY agrees to provide reasonable notice beforehand of any such VIDL,J.-~P Atm, ~&4 i I; • s ti,_ ++...4.. i~..C..s:,_ ..-,.1.S t'._.~i ~.r~,t++~nN:l' ~,6arliLC. ~:.4+ti++u-=--`:.~-=: ~]'Li-- •j...r'.L`.. i.>a• • l i request for inspection. Such inspection shall take place at a time and manner as not to materially interfere with construction or with OWNER's business operations. 9. OWNER agrees to pay all ad valorem taxes and assessments that may be owed to COUNTY or any other taxing entity by OWNER prior to such taxes and/or assessments becoming delinquent; provided, that OWNER shall have the right to contest in good faith the validity or application of any such tax or assessment and shall not be considered in default hereunder so long as such contest is diligently pursued to completion. In the event OWNER does contest any such tax or assessment, OWNER shall, nevertheless, promptly pay to COUNTY or any other taxing entity prior to their becoming delinquent, taxes and assessments. If OWNER undertakes any such contest, it shall so notify COUNTY and keep COUNTY apprised of the status of such contest. Should OWNER be unsuccessful in such contest, OWNER shall promptly pay the taxes, penalties, and/or interest, resulting therefrom. 10. OWNER. represents and agrees to the following new additional employment and payroll projections: *Year Total No. of New Jobs New Annual Gross Payroll **No. of New Non- Customer Service Jobs **Annual Gross Payroll of New Non-Customer Service Jobs "No. of Customer Service Jobs **Annual Gross Payroll of Customer Service Jobs 2003 63 $1,777,982 28 $1,217,982 35 $560,000 2004 16 $382,528 4 $190,528 12 $192,000 2005 22 $589,994 9 $381,994 13 $208,000 2006 17 $398,528 4 $190,528, 13 $208,000 2007 19 $529,994 7 $337,994 12 $192,000 2008 16 $402,528 6 $242,528 10 $160,000 TOTAL 153 $4,081,554 58 $2,561,554 95 $1,520,000 ~J *The above employment figures are as of December 31" of each year. **These figures are full-time positions as defined herein. OWNER's current employment figures consist of 260 full-time equivalent employees and a total payroll of $6,500,000. OWNER represents and agrees that it will maintain tie current number of employees and payroll figures and that the new employees and payroll figures, specified in the table hereinabove, are in addition to the current figures. OWNER represents and agrees that by December 31, 2008, OWNER's number of employees will total 413, including 153 full time jobs, and OWNER's payroll will total at least $10,581,554. OWNER represents that the minimum average salary of the fifty eight (58) new non- customer service jobs shall range between $40,421 and $48,285 per job, and the minimum average salary of the 95 new customer service jobs shall be $16,172 per job. VIDLal,., & & &,6 ..PXA' - • i i If OWNER exceeds any of the projected benchmarks, OWNER shall receive a credit for same which shall cant' forward to the next benchmark. The above payroll numbers are annualized, based on the last payroll date in the month of December each year, except for the first benchmark, which is based upon the last payroll date in the month of December 2003. The "last payroll date in the month of December" shall mean, for purposes of this paragraph, the last payroll distribution in the month of December. For example, if the regular payroll is distributed to the employees on a semi-monthly basis on the last business day of the pay period, the last payroll distribution for 2000 will be Friday, December 29, 2000. Full-Time Employees shall mean any employee (excluding temporary or seasonal employees' on the payroll in a budgeted position and having an official scheduled workweek of thirty (30) hours or more and that according to company policy is entitled to full benefits. Part-Time Employees shall mean any employee (excluding temporary or seasonal employees) on the payroll in a budgeted position and having an official scheduled workweek of less than thirty (30) hours and that according to company policy is entitled to limited benefits. Full-Time Equivalent Employees shall mean the number of 40 hour/week schedules on payroll, and is comprised of full and part-time employees. For example, a 40 hr/week employee is equal to 1.0 full-time equivalents. A 24 hr/week employee is equal to .625 full-time equivalents. Together, these two employees represent 1.625 FTEs. 11. Submission of Reports and/or Inspection and Auditing : The parries herein agree that the COUNTY shall have the right annually to an on-site inspection of the PREMISES to verify that OWNER is in substantial compliance with the terms of this Agreement and. any modification hereto. COUNTY agrees to provide reasonable notice beforehand of any such request for inspection. Such inspection shall take place at a time and manner as not to materially interfere with OWNER's business operations. Additionally, OWNER shall submit to the COUNTY and the Bryan/College Station Economic Development Corporation, on an annual basis, the information or reports necessary for the monitoring of the performance criteria established in this Agreement. The submission shall be certified, at OWNER's expense, by a Certified Public Accountant or in-house accountant of OWNER and the President, or other designated officer, of the OWNER. Because of the highly competitive nature of the industry in which OWNER does business, COUNTY agrees that the reports which OWNER is required to submit may contain information which OWNER considers to be valuable proprietary information. As such, COUNTY agrees to keep any and all reports provided by OWNER as confidential information to the extent the documents are not public information under SECTION 552 OF THE PUBLIC INFORMATION 4(7.. TEXAS GOVERNMENT CODE, as amended. V0LJ page I. OR r l_ a ~,._~_...~_..-.~.v_'..Nw_•w+1,~.L`.lr..a r....i r."J1t1t La.-OLitY~4J~++~s+-'r`ws=,='~'^`~a'y-~aIW.C.hy..Y.-i~yr...l'1.L.u.. rdw+-- tu•. I r t I~ t r i 12. Default •I Capital Capital Investment Investment Commitment Completion Commitment Date $8,500,000 March 1 2001 F.F.E. Investment F. E. Commitment Completion Date $1,000,000 December 31, 2008 a. Capital Investment. If OWNER has failed to construct and place capital improvements (the "Capital Investment Commitment") and furniture, fixtures, and equipment improvements (the "F.F.E.") on the PREMISES in the following cumulative amounts as of the corresponding dates then COUNTY may, at COUNTY's sole option, require OWNER to repay the prorated unearned portion of taxes abated herein to date. Any Capital Investment made by Owner in excess of the amount established in the chart immediately above herein may be applied, at the option of the OWNER, toward the FFE commitment set forth herein. Additionally, if OWNER fails to construct improvements as described in Sections 2 and 12 of this Agreement as of March 1, 2001, then COUNTY may, at COUNTY's sole option, terminate this Agreement. b. Payroll. If at the end of December 31, 2003 and any subsequent calendar year during the term of this Agreement, OWNER fails to meet either or both of the total new payroll and/or new job figures set forth in Section 10a hereinabove, COUNTY shall notify OWNER in writing of OWNER's default, and OWNER shall have sixty (60) days after receipt of such written notice to cure such default; provided, however, that in year eight (8) of this Agreement the 60 day cure period shall not extend the time for cure past the end of the term. If OWNER fails to cure OWNER's default, the COUNTY may, at COUNTY's sole option require OWNER to repay on a prorated basis the Tax Abatement received for the year in which OWNER failed to meet the total new payroll and new job figures. The proration formula shall be a percentage based upon either the actual total payroll or job figures, as the case may be, relative to the target total payroll or job figures for the current year. The higher percentage of the two, but not both, may be applied to fix the amount of the repayment provided for in this Section. 2,..:Paye, t , IT I: PAYROLL JOBS Example: Example: Total Payroll: $1,280,320 Total Jobs: 45 Actual Payroll: $1,000,000 Actual Jobs: 30 $1,280,320 - $1,000,000 = $280,320 45 - 30 = 15 $280,320 divided b $1,280,320 =.22 15 divided b 45 = .333 .22 multiplied b 190 = 22% .333 multiplied b 100 = 33.3% 22% multiplied by total taxes abated for the year in default = amount of repayment 33.3% multiplied by total taxes abated for the year in default = amount of repayment c. Cessation of Operations. In the event OWNER ceases operations at the facilities on the PREMISES within eight (8) years from the Execution Date of this Agreement, OWNER shall be in default. COUNTY shall provide OWNER written notice of OWNER's default. If such default is not cured within thirty (30) days from the date written notice is received by OWNER from COUNTY, COUNTY may, at COUNTY's sole option, terminate Tax Abatement to OWNER after the date of such default and thereafter require that OWNER repay taxes previously abated on a prorated basis. For example: If OWNER defaults in year three (3), then OWNER would be required to repay 5/8 of the total taxes abated in previous years. COUNTY and OWNER further agree that, if OWNER does not diligently, faithfully and conscientiously pursue the completion of construction on the PREMISES, in accordance with the Plans (or revised Plans), and complete and occupy on or before March 1, 2001 the minimum 80,000 square foot building having an estimated value of $8,500,000, with fixtures, furniture and equipment having an estimated value of $1,000,000 to be installed no later than December 31, 2008, COUNTY shall have the right to renegotiate or terminate this Agreement, and OWNER shall repay to CITY the amount of the tax abated in prior years pursuant to the Schedule established in Section 15 herein. 13. Payment of Taxes after Default Should the OWNER be required to pay the COUNTY the taxes that would have been paid to COUNTY had the taxes not been abated under the terms of this Agreement, it shall pay such recaptured taxes plus interest at the rate provided for delinquent taxes in accordance with V.T.C.A., TAX CODE, SEMON 33.01 as amended. Such payment of taxes and interest shall be due within thirty (30) days of COUNTY's termination of this Agreement and notification to OWNER of the termination of this Agreement and of the amount of taxes and intdrest due. The taxes and interest are delinquent and incur penalties as provided by law for ad valorem taxes imposed by COUNTY if not paid before February 1 of the year following the date on which the termination of this Agreement occurs. If OWNER believes that such recapture is improper, OWNER may file suit in the Brazos County district courts appealing such termination within sixty (60) days after the written notice of the termination by the COUNTY. If an appeal suit is filed, OWNER shall remit to the voL.JJ_..ftX4n,JLLL U}I:~ A ..v.✓,~._~,t__w.:L:~y3+: _ - -r Y"~fi.4'a+~i ':tti..'' u,.:L:.n"JItVd.~iii...:.~.u4.1r,.,~..(...o.. i.+IJ'._.. ~ _ 6 ^r . 1 ~ COUNTY, within such sixty (60) days after the notice of termination, any additional and/or recaptured taxes as may be payable during the pendency of the litigation pursuant to the payment provisions of SECTION 42.08, TEXAS TAX CODE. If the final determination of the appeal increases OWNER's tax liability above the amount of tax paid, OWNER shall remit the additional tax to the COUNTY pursuant to SECTION 42.42, TEXAS TAX CODE. If the final determination of the appeal decreases OWNER's tax liability, the COUNTY shall refund to OWNER the difference between the amount of tax paid and the amount of tax for which OWNER is liable pursuant to SECTION 42.43, TEXAS TAX CODE. 14. OWNER shall certify in writing to COUNTY that all construction of the improvements to the PREMISES has been completed in accordance with the approved PLANS. After receipt of this certification, COUNTY shall make a final inspection of PREMISES to verify whether PREMISES have been constructed in compliance with this Agreement or may, in its sole discretion, rely upon the inspection conducted by the City of College Station, Texas; and that upon so finding, COUNTY shall issue a Certificate of Compliance. 15. The tax exemption provided for by this Agreement shall exempt the value of the land, buildings and the other permanent improvements. Taxes on personalty (other than inventory and supplies) shall also be abated, but only on those items of personalty furnished to the Appraisal District, no later than December 31, annually. This tax abatement shall apply to the value of the PREMISES over and above the certified value of the PROPERTY for the 2000 tax year (herein the Base Year). Such abatement shay. be effective for the following years and in the following percentages under the terms, conditions and limitations provided herein: YEAR % OF ABATEMENT 2000 0 2001 70 2002 70 2003 60 2004 50 2005 40 2006 30 2007 20 2008 10 .16. The Chief Appraiser of the Brazos County Appraisal District shall annually determine (i) the taxable value of the reai and personal property comprising the PREMISES taking into consideration the abatement provided by this Agreement; and (ii) the full taxable value without abatement of the real and personal property comprising the PREMISES. The Chief Appraiser shall record both the abated taxable value and the full taxable value in the records. The full taxable value figure listed in the appraisal records shall be used to compute the amount of abated taxes that are required to be recaptured and paid in the event this Agreement is terminated in a manner that results in recapture. Each year the OWNER shall famish the Chief Appraiser with such information outlined in CHAPTER 22, TExAs TAX CODE,.,as amended, as may be necessary for the administration of this Agreement. 17. Representation. OWNER represents and warrants that no member of the College Station City Council, the Brazos County Commissioners Court or County Judge has an interest in the PREMISES or the PROPERTY and that the same are not owned or leased by any member of the College Station City Council, the Brazos County Commissioners Court or County Judge. OWNER further represents that no member of the Brazos County Commissioners' Court is under contract either directly or indirectly with OWNER, OWNER's agents, contractors or subcontractors. This representation and warranty shall be in effect for the full term of this Agreement. 18. Term. The term of this Agreement shall be from date of execution through December 31, 2008. 19. Miscellaneous. a. Attomey's Fees. If on account of any breach or default by either party to this Agreement of their obli,ations under the terms, conditions, or covenants of this Agreement, it shall he necessary for either party to employ an attorney or attorneys to enforce or defend any of the rights or remedies hereunder, and should such party prevail, the prevailing party shall be entitled to any reasonable attorney's fees, costs, or expenses incurred by it in connection therewith. b. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under the present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby; and in lieu of such deleted provision, there shall be added automatically as part of this Agreement a provision that is similar in terms and substance to such deleted provision as may be possible and yet be legal, valid and enforceable. C. Texas Law To Apply. This Agreement shall be construed under and in accordance with the laws cf the State of Texas and all obligations of the parties created hereunder are performable in Brazos County, Texas, In the event of litigation, jurisdiction Shall lie in Brazos County, Texas. d. Prior Agreements Superseded. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. I y Ag~ ~ 70 i 1 ~ _....._:.._~.~._,.~_.._.:~..:...y~:....._.r~'.J+.~~..L+....,.t_...ra..r..+.i..al.~_^'..a~''~.r"'d:.4.~.r~.:Q..,LL...GYM.~,.:_n•i_M1_u~~r,..~r:.t•~~:ru..~~.:~a:.wti.+...i~~..s.+..: , C. Amcndtnents. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. f. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all of their remedies. Said rights and remedies • are given in addition to any other rights the parties may have according to law, statute, ordinance or otherwise. g. No Waiver. No waiver by any party to this Agreement in any event of default, or breach of any covenant, condition or stipulation herein contained shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition or stipulation hereof. h. Assierment. OWNER may not assign this Agreement, either collectively or individually, without the prior written consent of the COUNTY, which consent shall not unreasonably be withhcld or delayed. However, OWNER may assign this Agreement to an Affiliate or to a party which acquires all or substantially all of the capital stock of i OWNER by purchase or operation of law, upon written notice to the COUNTY but without the requirement of prior consent, so long as (i) the Assignee has a net worth at least equal to that of OWNER as of the date of this Agreement, and (ii) so long as there is no resulting reduction in the gross payroll and capital investments commitments hereunder. A change in ownership, other than stated above, shall be considered an assignment for purposes of this paragraph. An assignment as prohibited above shall cause this Agreement to terminate immediately and the exemption from taxation as provided for herein shall cease. Such assignment shall, however, not be considered a violation of this Agreement as to require the recapture of any taxes previously abated herein. • i. Parties bound. This Agreement is binding on the parties herein their successors, assigns, parent corporations, and subsidiaries. j. Authority to Act. The parties to this Agreement shall provide proof of authorization to execute this document k. Confidentiality. Because of the highly competitive nature of the industry in which OWNER does business, COUNTY agrees that the reports which OWNER may be required to submit may contain information which OWNER considers to be valuable proprietary information. As such, COUNTY agrees to keep any and all reports required to be provided by OWNER pursuant to this Agreement as confidential information to the extent the documents are not public information under SECTION 552 OF THE PUBLIC INFORMATION ACT, TEXAS GOVERNMENT CODE, as amended. 1. Notice. All notices required by the Agreement (i) shall be in writing, (ii) shall be addressed to the parties as set forth below unless notified in writing of a change in address, and (iii) shall be deemed to have been delivered either when personally delivered or, if sent by mail, in which event it shall be sent by registered or certified mail, return receipt requested, three (3) business days after mailing. The addresses of the parties are as follows: To OWNER: Viatel Development Company 685 Third Avenue, 24" Floor New York, NY 10017 Attn: General Counsel To COUNTY: Brazos County Commissioners Court Brazos County Courthouse 300 E. 261h Street Bryan, Texas 77803 Attn: County Judge The parties hereto have executed or caused to be executed by their duy authorized officials, this Agreement in multiple counterparts, each of equal dignity, on this ? day of MZ , 2000. VIATEL DEVELOPMENT COMPANY By: Printed Name: RJD%N Title: Se"%*v- V %-F tz0-.oews Date: %J%Al( S 200 e BRAZOSCOUNTY, TEXAS By: Printed Name: Judie Al Jo es Title: County Judge Date: 9 - Do ATTEST• ary Ann Ward, Court Clerk STATE OF NEW YORK § Il 01 t § ACKNOWLEDGMENT COUNTY OF NEW YORK § Before me, the undersigned authority, on this day personally appeared Ct,Lrrl Flo u 1 who is the _SEN>,00- V le-6 PRrettber4 - of Viatel Development Company, a Delaware Corporation, on behalf of said corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me thatOle executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the o k-day of 2000. Notary Public in and for the State of New York M. DAVID LACHER Notary Public. State of New York No.02LA4672236 Qualified In Westchester County Commission Expires Feb. 28, 46W 2.0* STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRALOS § Before me, the undersigned authority, on this day personally appeared Judge Alvin W. Jones who is the County Judge of Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said County. Given under my hand and seal of office on this the Z4 day of !r/G 2000. BEATRIZ D. GREEN My COMMISSION EXPIRES o Publi ' and for e ~ Jum it. MOM Itate of Texas ~qA i F h r 5 l r } EXHIBIT "A" LEGAL DESCRIPTION 1 r t ~ - F E _ _..._e...4~ __...:.:..._.,w.:~w.~:~.•.`> ~a:nw:a.'~;C.i.:.r..~~.ra' - .-='M~,~t:~ct,~ r..:or.1~Y~f~/~o:.~•:yr.C:wS~.Ss.!!6:_+:'.~.d..:.~.._-_~-._.....•._ • Exhibit "A" FIELD NOTES 14.50 ACRES PROPOSED LOT 3, BLOCK 4 THE BUSINESS CENTER AT COLLEGE STATION, PHASE THREE BEING OUT OF THE CITY OF COLLEGE STATION CALLED 200.00 ACRE TRACT VOLUME 1385, PAGE 14 S. W. ROBERTSON SURVEY, A - 202 COLLEGE STATION, BRAZOS COUNTY, TEXAS NOVEMBER 118, 1999 All that certain lot, tract or parcel of land being 14.50 acres situated in the S. W. ROBERTSON SURVEY, Abstract No. 202, Brazos County, Texas, and being a part of that certain Called 200.00 acre tract as described in deed from the College Station Economic Development Foundation to the City of College Station, of record in Volume 1385, Page 14, Official Records of Brazos County, Texas, said 14.50 acre tract being more particularly described by metes and bounds as follows: • BEGINNING at a 112' Iron Rod set in the southeast line of said Called 200 acre tract for the most southerly comer, said comer being located in the proposed northeast right-of- way line of LAKEWAY DRIVE and the northwest line of Pebble Creek Development Co. Called 50.00 acre tract as described in Volume 1600, Page 313, said comer being N 49 ° 48 ' 46 " W a distance of 940.38 feet from a 1/2' Iron Rod found for the most southerly comer of said Called 200.00 acre tract; THENCE N 32 ' 15' 00 " W, along the proposed northeast right-of-way line of LAKEWAY DRIVE a distance of 252.54 feet to a 1/2' Iron Rod set for the point of curvature of said proposed right-of-way line; THENCE continuing along said proposed right-of-way line around a curve in a counterclockwise direction having a delta angle of 21 ' 30'00 an arc distance of 315.21 feet, a radius of 840.00 feet, and a chord of N 43" 00' 00 " W. a distance of 313.36 feet to a 1/2' Iron Rod set for the point of tangency of said curve; THENCE N 53 ° 45 ' 00 "W, continuing along said proposed right-of-way line a distance of 173.29 feet to a 1/2' Iron Rod set for the point of curvature of said right-of-way line; THENCE around a curve in a clockwise direction having a delta angle of 90 00 00 an arc distance of 39.27 feet, a radius of 25.00 feet, and a chord of N 8 ' 45 00 " W, a distance of 35.36 feet to a 1/2' Iron Rod set for the point of tangency of said curve, said comer being located in the proposed southeast right-of-way line of a future street; THENCE N 36 ° 15'00 " E, along the proposed southeast right-of-way line of said future street a distance of 103.13 feet to a 1/2" Iron Rod set for the point of curvature of said proposed right-of-way line; THENCE continuing along said proposed right-of-way line around a curve in a counterclockwise direction having a delta angle of 12 ' 51 ' 10 an arc distance of 240.03 feet, a radius of 1070.00 feet, and a chord of N 29 ' 49 ' 25 " E. a distance of 239.52 feet to a 1/2' Iron Rod set for the point of tangency; THENCE N 23 ' 23' 50 " E, continuing along said proposed southeast right-of-way line a distance of 65.55 feet to a 1/2' Iron Rod set for the northwest comer, 7S i i , G A THENCE S 83.14'38 " E, a distance of 820.56 feet to a 12' Iron Rod set for an exterior comer THENCE S 40 11 ' 14 " E. a distance of 297.38 feet to a 1/2' Iron Rod set In the southeast line of said Called 200.00 acre tract for the most easterly comer, said comer being located in a northwest line of the Pebble Creek Development Company Called 505.19 acre tract as described in Volume 1671, Page 276, said comer being S 49' 48'46 0 W a distance of 749.89 feet from a 1/2' Iron Rod found for the most easterly comer of said Called 200.00 acre tract; THENCE S 49' 48'46 " W, along the southeast line of said Called 200.00 acre tract at a distance of 192.35 feet passing a east comer of said Called 505.19 acre tract and the most northerly comer of said Called 50.00 acre tract and continuing for a total distance of 941.56 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 14.50 ACRES OF LAND MORE OR LESS, according to a survey performed on November 16, 1999, under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961. North Orientation is based on rotating the southeast line of Called 200.00 acre tract to Deed Calls. ~pP rE AIL ;SiERE( ND f5V~r1/ i r - ~ _i.a,..-....uri.a. ....:.,~k-.•,.. ~-.~t.itLiw:+Lu.~::~11.rb.h..~• ~"-.+~.."'ik+0. - ~..Etilk+er~.4~:vna~lo-~~n++~,'. _ -.iw.3.._...•..... _ _ un Brkroen vc. Sm '12 11 PfWna r 6 L RONG URVEYING Fuc (409) 71'"M aim& oorore ocy4wusec ~ 01 401 401 sits "wa« [ , ~ ee.• • a SCALE. 1' ■ 200' \S[ > T[ I-w .P[ n.(, re deed K\a • yr .0..00 ./U1P Iauw AT [.a CMf.. sun aMewf[ e{w\ •\ae• RY { b{.. "we ft {,rwq.1[e ,'o.,e{na ~ I•e. Tra Oi, M W.1t co. iwn S,ra\.Re I Q wit M rM YY ,r. M ARMS, sr I S r o0-1W STA,gr [wes /1W • 0. 0 ,rw pats" serf ac wnw A {e•,%_ 'Lou LA Sure .AR. "m r na-w _-CX ..n .rP r .aa.s{r-w a o,sc"K ft v r. a {r f w • .u Y{Aa t,e.a \S{a em\ roe\. wit on sr O u e,Air 10w4, a1r.{c r {sa .ar W Q ` no -wits Am{.Aw w.. os . a .o a rw e a raw: a i i > A R 8 d 10 W p u W ~r LOT 1 e'r'w r 0 110 39198 Acres • s [ • sa•s ut i BLOCK 4 e i .C w-w N•MP [ A.• { ~ . . • LOT 3 ."Do ao 14.50 Acres a a 0 BLOCK 4 . S + L~ M . M A~ Arw [,al = + W • ' C Q n 2 • S ~ fr yr r ~ 0 W R Z . ssnar l .ass 5 M Yr ti S•• 9 ll eee 0 ~ O W 0 ` 4 O L i ` 'PA Z \.8 . o. er.rs• [ { ~ e .n.Jr S oas S M i.1 ft Co. V■ npY m j 4na a a►.ear a l l4/1a/ \.{e \6ala m W all~ [ aid, , fir N !:W u-w sr LA CC WA y pwtauoneaoc DRrYE v a•~ ors OF a== sorrow • r 4 or •.waN ►a ra[ owo matsQSUxeCe l a . ~a••a• t ctASt7wewp Haoale teams • »aer LOT L ROC • .M i . 701) .C 1-" eEfURNWrl . • rS.AL PLAT Or • v.ser • rata ~ M e11SS{SS CE.T[a AT • COLLEGE STATrOk ARSE T" wwrnrt l H wen strong. Reg-stated Prelessbrw[ BOUNDARY SURVEY Lo{e Sw Welor ad 4961, do hereby cerlrly OF that Itas ptal reor eseats the results of e swWe► preoored under -1 svper.iuoe p14 1430 ACRES H hw and cared to IM N[1 N wry PROPOSED LOT 3 BLOCK 4 ano.tedge , THE BUSINESS CENTER AT COLLEGE STATiOK PHASE THREE of BONG OUT OF THE QTY OF COLLEGE STATION werrs's`(rr CALLED 200.00 ACRE TRACT O VOLUME 1385, PACE 14 ;0 a 19a S. W. ROBERTSON SURVEY. A • 202 o S Rr E aoufa STATK)K KAZOS COUNTY, TOMS V-14t t { MW N147my; mW Mrr ...w \ ~ L Agreement for Integrated Hardware and Software System i THIS AGREEMENT FOR IN'T'EGRATED AND HARDWARE SYSTEM is by and between DynaSource, Inc. ("Contractor-), a Texas corporation having a place of business at 975 IH-10 North, Beaumont, Texas 77706 and Brazos County, Texas ("User") having a place of business at 300 E. 26m Street, Bryan, Texas 77803 (herein after the "Agreement") WHEREAS, Contractor has a System (as hereinafter defined and referred to as the "System") and desires to install and put into operation the System for User. forth. WHEREAS, User desires Contractor to install the System under the terms and conditions hereinafter set NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: ARTICLE I DEFINITIONS AND AGREEMENT 1.0 Definitions. For the purpose of this Agreement, the following terms shall have the following meanings: (a) "System" shall mean a computer system consisting of an integrated computer hardware and software system. The system shall have the features and functions, shall perform in accordance with the interface functional requirements and shall meet performance requirements set forth in Brazos County RFP No. 99-051 and Contractors' response to RFP No. 99-051 (hereinafter collectively referred to as the "RFP"), which is incorporated herein by reference for all purposes stated herein. (b) "Software" shall mean the proprietary system software as set forth and described in the RFP and shall include any updates, modifications or enhancements thereto and associated third party supplied software and any and all user's manuals, specifications or documentation accompanying the System. (c) "Hardware" shall mean the computer hardware as set forth and descnbed in the RFP and shall include computer hardware made by or for Contractor and associated third party supplied hardware. (d) "Delivery Date" shall mean the later of May 30, 2000, or the actual date on which all of the Hardware and Software is delivered to User at User's place of business. 1.1 Agreement. This Agreement shall have an effective date as of May _21!f 2000 ("Effective Date"). During the term of this Agreement, Contractor shall install the System in specified locations in accordance with the System Installation Schedule set forth in Schedule A attached hereto and made a part hereof for all purposes. The User shall accept and pay for the System in accordance with the Acceptance Criteria set forth in Schedule B attached hereto and made a part hereof and the payment terms set forth in Article 3.1. During the term of this Agreement, User shall perform in a timely manner User's obligations and responsibilities to provide work space for Contractor personnel, provide User personnel to be trained on the System, and provide Contractor with information needed by Contractor to carry out its contractual obligations. Upon payment of the System costs and fees, User shall have perpetual, non-exclusive, non-transferable license to use the System subject to the provisions set forth in this Agreement. V1DL,,L?--YA0 , ~J? 1 t i I 1 P a._-~..~~....~•..n+•:--s,e... a...r-a..~,..:e.zL r. =~.'./wY+d~.a-- -=.7:ntef.a~saw.:..Y:tS ibl..irt.7^-:'`-__ _-ty-`=-~. ARTICLE 11 LICENSE AND WARRANTY 2.0 License. User understands and acknowledges that Software supplied to User is proprietary to Contractor and User shall hold and use all software in strict confidence. Upon the payment of the System costs and fees and subject to the terms of this Agreement, User shall have a perpetual, non-exclusive, non-transferable license to use the Software where the system is installed; however, Contractor shall retain title to and all ownership rights to the Software. • • • 2.1 Install Software. Contractor agrees to deliver to the User, at the time of installation, all install media necessary for the successful installation of the Software purchased pursuant to this Contract. Further, Contractor will supply, free of charge, all updates of such install media as soon as it becomes available. Contractor agrees that User shall have the right to archive topics of the install media. 2.2 Hardware Warranties. Contractor warrants that the Hardware shall be free from defects in material and workmanship for three (3) years from the Delivery Date. Notwithstanding the foregoing, Contractor makes no representations or warranties regarding, and shall not be liable for any defects in, those items of Hardware purchased from User's selected manufacturer (the "Compaq Hardware") which arc subject to a separately purchased warranty by said manufacturer. Should the Hardware, other than the Compaq Hardware, fail to conform to the above, Contractor will replace such Hardware or make such changes to such Hardware as are necessary to conform such Hardware to this warranty at no additional cost to the User 2 3 Software Warranties. When the Hardware is operating in accordance with its specifications, Contractor warrants that the Software and Hardware will together perform in accordance with the System technical specifications mutually developed by the parties from the functional specifications for the Software, the interface specifications and the System performance requirements set forth in the RFP, for one year from date of acceptance and during the period User purchases the software maintenance and technical support service from Contractor. Should the Software fail to conform to such specifications, Contractor will replace the software or make such changes to the Software as are necessary to conform the Software to such specifications. If such remedies are not successfully implemented and completed within 60 days from notice by the User to the Contractor of such failure, Contractor shall refund the purchase price of the Software and the training and maintenance charges associated therewith to User. In the event User obtains prior written approval of Contractor to modify any portion of the Software, including source code, Contractor shall warrant such modifications in accordance with this Section unless installed by User in such a manner so as to cause the Software to fail to conform to the warranty set forth in this Section 2.3. 2.4 Compatibility Warranty. As set forth in Section D of the RFP. Contractor warrants and represents that the System is and will support a true client-server em ironment and a local area network (having one or more segments) and that all client workstations run the MS Windows 95/98NT graphical environment and Microsoft 2000 Professional. Contractor further warrants and represents that the server (or servers) is a multi-functional processtng unit capable of performing stand alone data processing, image processing, and communications concurrently and that the server includes a relational data base management system. Contractor further warrants and represents that it will work with other vendors to effectuate successful integration of is System. The warranties in this Article 2.4 shall survive for a period of 3 year(s) from the Delivery Date. Should Contractor breach this warranty, Contractor shall make such changes to the System to make it compatible, by replacement or alteration, or refund to User the purchase price, at User's option. If the System is to be replaced or altered such replacement or alteration must be completed within 60 days of written notice by User to Contractor of a compatibility problem. 2.5 Proposal. Contractor warrants and represents that, to the best of Contractor's knowledge, all information it provided or supplied as part of the RFP is true, valid and accurate in all material respects, and that the System will meet or exceed, in all material respects, the performance standards and activity levels stated therein. Page 2 of 8 A t t~ T - t ARTICLE lu HARDWARE AND SOFTWARE MAINTENANCE 3.1 Purchase of Hardware and Software Maintenance and Technical Support. User shall pay to Contractor the sum of $229,252.00 (the "Purchase Price"). Such Purchase Price shall be paid upon the following schedule: (a) Delivery Date 600/o-$137.550.00 (b) Thirty (30) days after Delivery Date 15%-$ 34,390.00 (c) Sixty (60) days after Delivery Date 15% - S 34,390.00 (d) Seven (7) days after acceptance of Software as defined herein 101/o - S 22,922.00 3.2 Maintenance and Technical Support. (a) Contractor shall maintain the System, other than the Compaq Hardware, on a 8-boor per day, 5- day per week basis. Response time shall be no more than four hours from the time a call is placed. Such technical support and System maintenance is described in further detail in the RFP. All routine maintenance and technical support costs are included in the charge set forth in Article 3.1 of this Agreement. (b) User shall, on the anniversary date of the expiration of the 3-year maintenance requirement set forth in the RFP, be entitled, within its sole discretion, to request and Contractor may consent, such consent not to be unreasonably withheld, to the continuance of Hardware and Software maintenance and technical support for an additional period of one year according to the terms and conditions set forth herein by advising Contractor in writing at least sixty (60) days before such anniversary date of User's desire to rcnew the maintenance and technical support portion of this Agreement. 3.3 Changes in Software. Contractor will make changes to software, including all updates and enhancements developed as they become commercially available, as requested by User or required by applicable federal or state law at no cost or expense to the User dung the years, after acceptance. in which User purchases maintenance and technical support services from Contractor; and provided further thereafter there will be no charge for such changes during the term of this Agreement or any extension thereof where such change requires less than one-half (1/2) of one man-day of design study, estimatr,)n and programming effort, or one than-day of effort for all requested changes dung any calendar month. 3.4 Replacement Parts. For purposes of Hardware maintenance to be provided by Contractor as set forth in the RFP, parts furnished by Contractor will be new parts manufactured by original equipment manufacturer unless otherwise agreed in writing by User prior to installation. Pate removed from the System for which such new parts or major components are exchanged will become the property of Contractor. Nothing herein shall be construed to modify, alter or otherwise affect warranties given to User by Contractor herein. ARTICLE IV OPERATING ENVIRONMENT 4.1 Installation and Training. , r , (A) Installation Schedule. Installation of Hardware and Software shall be completed pursuant to the System Installation Schedule attached hereto as Schedule A and Contractor warrants completion on this Schedule with the exception of delays, if any, caused directly by the acts of the User or by delays in delivery of the Compaq Hardware caused by the User's selected manufacturer. Failure of Contractor to install the Hardware and Software pursuant to such, schedule shall constitute a breach of Contract. In such event, upon 7 days written demand, (i) this agreement shall terminate and no further fees or costs shall be owed; (ii) Contractor shall pay to User the sum of $200.00 per day for every day that expires past the Page 3 of 8 A . s... _./-_-.c W: i~. .._~1•~^~..+': 1.i7.-:L.Jt.Li._Lr~ifL•_`..~s:.T~.~..T-`i1l..wawL..:~".e.Y ~i1w 6.AL..~~s.L._u...1_._.r_•. a..~__. ....~a-.~ ! , I i i f t 1 scheduled completion date; or (iii) the User may contract with a third party to complete installation and deduct such third party costs from the Purchase Price, at User's sole discretion. (B) Installation Cost. Installation of the Hardware and Software is included in the Purchase Pnce of the System set forth in Article 3.1 hereof. • (C) Training. Contractor shall provide training to User in accordance with the RFP and as set forth on Schedule A. The cost of such training is included in the Purchase Price. ARTICLE V CHARGES 5.1 ' Charges. All prices in this Agreement are FOB place of installation with the costs of freight and insurance prepaid by Contractor. Such costs are included in the Purchase Price set forth in Article 3.1. ARTICLE VI LIABILITY AND INDEMNITY 6 1 Indemnification and Hold Harmless. Notwithstanding any other provision contained herein to the contrary, Contractor shall indemnify and hold harmless the User from any and all damages and liability (including reasonable attorney's fees), injury, loss or damage which is occasioned through Contractor's ordinary negligence and reckless or deliberate acts or omissions. 6.2 Patent Indemnity. Contractor agrees to hold harmless and indemnify User, its employees and agents from and defend, at its own expense (including reasonable attorneys', accountants' and consultants' fees), any suit or proceeding brought against User and/or Contractor based upon a claim that the ownership or use of the System or any part thereof constitutes an infringement of any patent or copyright. Where applicable, User shall notify Contractor in writing of any such suit or proceeding or significant threat thereof and agrees to give Contractor information and reasonable assistance for the defense. In the event User is enjoined from using the System or any part thereof, Contractor with all reasonable speed and due diligence shall provide User the right to continue rising the System or procure for User an equivalent system having the same or better performance specifications. ARTICLE VII EXPIRATION AND TERMINATION ~J 7.1 Expiration. Unless extended as otherwise provided in this Agreement, the terms of this Agreement shall expire at the end of three (3) years following the execution of,this Agreement. ARTICLE VIII MISCELLANEOUS 8.1 Notice. Notices, requests and other communications required pursuant to this Agreement shall be in writing and sent by first-class trail to the parties at the following address: To Contractor: DynaSource, Inc. 975 11-1- 10 North Beaumont, Texas 77706 Attention: Charles E. Beard, President To User: Brazos County Commissioners Court 300 E. 26m Street Bryan, Texas 77803 Attention: County Judge lei Page 4 of 8 1 V0L,J-7,.YAr-xE-V1, /,p J?/ U a I i • i I 8.2 Employee Approval. Contractor shall assign a project manager who shall have overall responsibility for the implementation of the System. User shall provide written notification to Contractor should, in User's reasonable judgment, a Contractor employee, including project manager, performing services for User pursuant to this Agreement, not be acceptable to User. Contractor shall be given fifteen (15) days following receipt of such written notice to improve the performance of such Contractor employee. Should the Contractor employee's performance thereafter not be reasonably acceptable to User, the Contractor employee shall no longer provide services to User under this Agreement and Contractor shall replace that employee with another Contractor employee acceptable to User, which acceptance shall not be unreasonably withheld. User agrees to assign a project manager from its staff to coordinate the User's responsibilities hereunder. 8.1 Attorney's Fees. In the event Contractor or User defaults in the performance of any term, condition or agreement of this Agreement and Contractor or User commences legal action of any kind to enforce the terms and conditions of this Agreement, the prevailing party in such litigation shall be entitled to collect from the other parry all costs, expenses and attorney's fees incurred in connection with such action. 8.4 Assignment. No assignment of this Agreement or any right hereunder by either party will be effective unless the non-assigning party has given its written consent. 8.5 Waiver. No Waiver of any breach of any term or condition of this Agreement shall be constructed to waive any subsequent breach of the same or any other term of this Agreement. 8.6 Governing Law. This Contract is performable in Brazos County, Texas. THIS AGREEMENT SHALL BE GOVERNED BY TEXAS LAW. 8.7 Entire Agreement. This Agreement, including the documents incorporated herein by reference, contain the entire understanding of the parties hereto and neither it nor the rights and obligations hereunder may be changed, modified or waived except by a written agreement executed by the parties hereto. ATTEST: IL - oz Mary Ann Ward, County Jerk BRAZOS COUNTY, TEXAS By Alvin W. Jones, Co Judge DYNASOURCE, INC. 1 B ~v Y- Charles E. Beard, President Page 5 of 8 ~~~9r~w?i,,or,, a i t s i I, :s~L~..-~_~..:..v6.::.~.~,.s.:1,,...:.~.'.c.A..•4.vide.ru,_:.:.e:'.wv:~ti_`:~~~;wc:st,..i~ - 1 Schedule A Installation Schedule 0~ 01 Installation Schedule (all days business vice working): A. Network Hardware: 1. Network equipment (i e. switches): a. Network equipment will be installed by County personnel within 14 calendar days of the Delivery Date. b. DynaSource will be available to provide consultingladvice for installation of network equipment. 2. Workstations, monitors, storage devices, scanners, printers and the imaging server: a. Server installation will be a coordinated effort between DynaSource and Brazos County CNS staff within Id days of Delivery Date. b. Initial scanning and QA workstation installation will be done only in the office of the District Clerk and within 14 days of installation and configuration of the imaging server. c. District Clerk public viewing stations will be configured, but not installed by DynaSource. Installation of these stations will be at the discretion of the District Clerk, pending determination of sufficient imaged material to warrant their installation. d. Workstations and scanning equipment for the Sheriffs Office will not be installed until completion of installation of the imaging server, scanning and QA stations in the District Clerk's office, installation of a test database, and training for the District Clerk's office begins. i. Installation of equipment and software for the Shenffs Office will be coordinated with an imaging system liaison from the Shenffs Office. B. Imaging Software: 1. Server-side applications: a. All server side configuration and component installation will be begun within 14 days of server receipt. 2. Client applications: a. As described in section A.2.b. above, client configuration will begin for the District Clerk's office within 14 days of completing server installation and configuration. C. Training and Customization: 1. Training: a. Training of CNS staff and imaging liaisons from the District Clerk's and Sheriffs offices will nun concurrent with the initial server and client instal lation/configuration. b. Training of District Clerk staff' will begin immediately following successful installation of the imaging server, the scanning and QA workstations and a test database on the imaging server. 2. Customization: a. Customization will be addressed as an ongoing issue and will be determined by the Department Heads and/or liaisons of CNS, District Clerk and Sheriff. Page 6 of 8L9, P AV -4, b O a r r - I . Schedule B Acceptance Criteria 1. The selected bidder shall provide notification of installation in writing to Brazos County when the equipment is installed and ready for use, at which time operation control becomes the responsibility of Brazos County. At the option of Brazos County, there may be an acceptance period of sixty (60) consecutive days commencing at 08:00 hours Central Daylight Tune on the first day following receipt of notification of operational status to the using County agency. In summary. to meet the standard of acceptance, the System must operate at an average level of effectiveness of not less than 95% for a period of sixty (60) consecutive days. The average effectiveness level shall be determmirted by: Total Productive Operational Use Time Average Effectiveness @ Total Productive Operational Use Time + Associated Down Time 2. All documented down time during the acceptance period must be documented by the Contractor and County personnel. It is not necessary for one thirty-day period to expire in order for another performance period to begin. 3. If the equipment fails to meet the standard of acceptance after sixty (60) business days from the installation date, Brazos County may, at its option, request a replacement or terminate the order without incurring any liability and to the extent monies have been paid, such will be refunded. In those situations where Installation will be on an on- going basis as made operational. failure to meet the Standard of Acceptance after sixty (60) business days from the Installation date shall entitle User to require replacement or a refund of charges attributable to the non-performing equipment. 4. Acceptance of System Software will be effective as of (i) the date of successful completion of installation and configuration of the imaging server Software and the client applications for the District Clerk's office, (ii) the Acceptance Criteria as stated above being satisfied and (iii) written acceptance by the County Commissioners Court. 5. Additional Software components (specifically client applications for the Sheriffs Office) and Software customization will be accepted on an on-going basis as delivered and made operational. Such acceptance shall be subject to be average effectiveness levels and time periods for establishing the same as set forth above. Performance Guarantee: 1. Warranty/maintenance period for all items of Software delivered and installed shall begin on the date of acceptance. Definitions: A. Installation Schedule (used specifically to calculate Acceptance Criteria) "Schedule A": The Installation Schedule" will be modified so as to reflect the following: 1. Section A. Network Hardware, Subsection 2.d and 2.d.i. will not be used in calculation of Acceptance Criteria because Contractor does not control scheduling for the Sheriff's Office. 2. Section C. Training and Customization, Subsection 2 will not be used in calculation of Acceptance Criteria because Contractor does not control scheduling for the various Department Heads and/or liaisons of CNS, District Clerk and Sheriff. B. Total Productive Operational Use Time includes total use time of all network equipment, workstations, monitors, storage devices, scanners, printers, and the imaging server. C. Associated Down Time is that time in which the "System" as defined in Article 11.0 (a) is: Page 7 of 8 V 1, _ ± 9 .x:~ 11 ~ y ,v T _ 1 1 t ' .a..-... i ~-.,..+.~......4.. = ~.}.t.~.. _ _ «j~c •i;-. ~i~ __it ~ , , r~ ~~s..:.'1..7:~:ctfk~iatb~t~~.'i1.ar.:r.rud.. - K-w...-.t~.._~.'i. _ _ _ . 1. down due to compatibility issues between "System" components as delivered by the Contractor. 2. down due to compatibility issues between the "System" as delivered by the Contractor and User environment as described in Article 112.4. D. Down Time Not Associated is that time in which the "System" components as delivered by the Contractor in Article 11.0 (a) is: I . down for on-going installations of System as described in Sections 1. A. 1. and 1. A. 2. (above) or upgrades in software or hardware that may become available during the installation period • 2. down related to System issues not in the control of the Contractor. 3. down related to issues of: a) Operator Error b) Mechanical errors covered by warranties c) Software Errors covered by minor software patches d) Written or Oral Miscommunications between Contractor and User E. Written Acceptance by the Commissioner Court (used specifically to calculate Acceptance Criteria) "Schedule B: Section 4. (iii) shall not be unreasonably withheld following the satisfactory installation as defined above. F. Manufacturers' Warranties on Hardware are defined and controlled by the individual manufacturer. Manufacturers' warranties on hardware begin on delivery date of equipment. G. LaserFiche Software Assurance Program (LSAP) begins on Acceptance Date. Page 8 of 9 X5 a INTERLOCAL COOPERATION AGREEMENT FOR MEDICAL EXAMINER SERVICES BETWEEN TRAVIS COUNTY AND BRAZOS COUNTY This Agreement is made by the following parties: Travis County, a political subdivision of the State of Texas, and Brazos County, a political subdivision of the State of Texas. RECITALS Brazos County has not established and does not maintain a medical examiners office and is not part of a medical examiners district. Travis County desires to provide Medical Examiner Services to Brazos County, if requested. Both Travis County and Brazos County have the authority to enter into an Interlocal Cooperation Agreement for the purpose of rendering and receiving medical examiner services pursuant to TEX. GOVT. CODE, ch. 791. AGREEMENT NOW, THEREFORE, Travis County and Brazos County mutually agree to the terms and conditions stated in this agreement. 1.0 Definitions. In this Agreement, 1.01 "Autopsy" means a postmortem examination of the body of a person, including X-rays and an examination of the internal organs and structures after dissection, to determine the cause of death or the nature of any pathological changes that may have contributed to the death. 1.01 "Justice of the Peace" means any person lawfully holding the office of justice of the peace in Brazos County. 1.02 "Medical Examiner" means the Travis County Medical Examiner, or his designee. 1.03 "Medical Examiner Services" means any one or more of the following services performed by the Medical Examiner on the order of a Justice of the Peace of Brazos County: 1.04.1 an.autopsy; 1 L.... ,~~L .c..~....~,3,i.~..~.r..,.~,.._,.sJ.s....:/...,L•sF~,rat..:~4~.:d2~.y.brlaii:W~~.w.a.,~S:2.G'.i~s§t!t't~.:.i.n ~3i!1":aum•:,: e..1C. ya.. .i _ . I i i I - 1. 1.04.2 the taking or removal from a body of a sample of body fluids, tissues or organs in order to determine, the nature and cause of death when, in the opinion of the Medical Examiner, a complete autopsy is unnecessary to confirm or determine the cause of death; 1.04.3 chemical analysis of a sample taken from a body in order to determine whether death was caused, in whole or in part, by the ingestion, injection, or introduction into the body of a poison or other chemical substance 1.05 "Medical Examiner Testimony" means the appearance of the Medical Examiner or any member of his staff at a legal proceeding to provide expert testimony in relation to any Medical Examiner Services provided under this agreement 2.0 Term. 2.01 Initial Term This agreement shall commence on the date on which it is signed by the last party to sign it This agreement shall continue in force until September 30, 2000. 2.02 Automatic Renewal. This agreement shall thereafter automatically renew on October 1, 2000 for an additional term of one (1) year, and shall automatically renew for additional terms of one (1) year on October 1 of each subsequent year unless sooner terminated pursuant to 10.0. 30 Brazos County Responsibilities 3.01 Authority to Order Services. A Brazos County Justice of the Peace may order the Travis County Medical Examiner to provide any Medical Examiner Services needed by Brazos County. ~91 3.02 Payment. If a Justice of the Peace orders that the Travis County Medical Examiner provide Medical Examiner Services to Brazos County, Brazos County shall pay Travis County Twelve Hundred Dollars ($1200.00) for each dead body on which Medical Examiner Services are performed. If Medical Examiner Testimony is required, Brazos County shall pay Travis County Three Hundred Dollars ($300.00) for each day on which Medical Examiner Testimony is offered. 3.03 Responsibility for Claims. Brazos County expressly agrees and acknowledges that Brazos County shall be responsible for any and all claims, causes of action, suits, losses, damages, and liability of any kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the Medical Examiner services performed for Brazos County pursuant to this agreement, other than for wilful or malicious acts or omissions by the Medical Examiner or any other officer, agent or employee of Travis County, for which liability, if any, will be determined in accordance with Texas law. 2 if ID L--L 101 3.04 Brazos County reserves the right to seek Medical Examiner Services from any other source during the term of this agreement. 4.0 County Responsibilities. 4.01 Provision of Medical Examiner Services. Travis County through its Medical Examiner shall provide any Medical Examiner Services ordered by any Brazos County Justice of the Peace. 4.02 Reliance on Order. Travis County may rely on any order by any Brazos County Justice ofthe Peace as an authorized request of Brazos County. 4.03 Invoices. Travis County shall invoice Brazos County for Medical Examiner Services provided pursuant to this Agreement. The invoice shall include a description of the services provided, the date(s) the services were performed, the amount to be paid for the services, and the identity of the person on whose body medical examiner services were performed, if known. 4.04 Internal Revenue Form W-9. Travis County shall provide Brazos County with an Internal Revenue Form W-9 Request for Taxpayer Identification Number and Certification that is completed in compliance with the Internal Revenue Code, its rules and regulations and a statement of entity status in a form satisfactory to Brazos County in each term of this agreement before any funds are payable in that term of this agreement 5.0 Compliance with Law. 5.01 Brazos County and Travis County shall comply with all laws, rules and regulations applicable to performance of this agreement. 6.0 Retention. Accessibilily and Audit of Records. 6.01 Travis County Retention. Travis County shall maintain all records and documentation for all autopsies performed pursuant to this agreement in a readily available state and location for three (3) years after the agreement term in which the autopsy occurred. Travis County shall notify Brazos County in writing at least sixty (60) days in advance of its intention to destroy any records. 6.02 Brazos County Access. Travis County shall give Brazos County, or its duly authorized representatives, access to and the right to examine all autopsy records, reports, files, and other papers, belonging to or in use by Travis County pertaining to this agreement at reasonable times and for reasonable periods. These rights to access shall continue as long as these records are retained by Travis County. Copies of records, reports, files and other papers shall be made available to Brazos County or its duly authorized representatives at no charge to 3 Z - - .~.w i...r~ ...-a.r.., sw -1:L'...1.~.'='.o- • 'f'Su`:Lla::::~~-.a- -ai ..3..... ..s.~ ~.f I i I. 1 I 1 f 1 • 01 Brazos County, together with official certification of such reports, reports, files and other papers as may be necessary. 7.0 . Amendments. 7.01 Formal Process Any change to the provisions of this agreement except for changes to the rates in 3.02 shall be made in writing and signed by both parties. It is acknowledged by Brazos County that no officer, agency, employee or representative of Travis County has any authority to change the provisions of this agreement unless expressly granted that authority by Travis County Commissioners Court. It is acknowledged by Travis County that no officer, agency, employee or representative of Brazos County has any authority to change the provisions of this agreement unless expressly granted that authority by Brazos County Commissioners Court. 7.02 Amendment of 3 02. Travis County may amend the rates stated in 3.02 by sending a notice of rate change in compliance with 11 0 to Brazos County at least sixty (60) days before the change is to become effective. If Brazos County does not send a notice in compliance with 11.0 stating that the change is unacceptable prior to its effective date, Brazos County shall accept the rates stated in notice of rate change and shall pay those rates for any Medical Examiner Services or Medical Examiner Testimony provided by Travis County after the effective date. 7 03 Brazos County Request. Brazos County shall submit all requests for changes to this agreement to Travis County Medical Examiner. Travis County Medical Examiner shall present Brazos County requests to Travis County Commissioners Court for consideration. 7.04 Travis County Request. Travis County shall submit all requests for changes to this agreement to Brazos County Judge. Brazos County Judge shall present Travis County's requests to Brazos County Commissioners Court for consideration. 8.0 Payments from Current Revenues 8.01 Each party paying for the performance of governmental functions or services shall make those payments from current revenues available to the paying party. 9.0 Non-Waiver and Reservation of Remedies. 9.01 Non-Waiver. Any act of forbearance by either party to enforce any provision of this agreement shall not be construed as a modification of this agreement or as a waiver of any breach or default of the other party which then exists or may subsequently exist. The failure of either party to exercise any right or privilege granted in this agreement shall not be construed as a waiver of that right or privilege. 9.02 Reservation of Rights and Remedies. All rights of both parties under this agreement are specifically reserved. Any payment, act or omission by a party shall not impair 4 ! Y 01 r • r or prejudice any remedy or right of that parry under this agreement. Any right or remedy stated in this agreement shall not preclude the exercise of any other right or remedy under this agreement, the law or at equity, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. 10.0 Termination. 10.01 Either party may terminate this Agreement at anytime, with or without cause, by giving the. other party written notice of its intent to terminate at least ten days prior to the effective date of the termination. 10.02 Rughts Surviving Termination. If either party terminates this agreement, Travis County has a right to payment for all services provided before the effective date of termination and not previously paid for. 11.0 Notices. 11.01 Method of Notice. Any notice required or permitted to be given under this agreement by one party to the other shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth in 11.02 or 11 03 for the party to whom the notice is given, or on the third day following mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at the address specified in 11.02 or 11.03. 11.02 Address of Travis County. The address of Travis County for all purposes under this contract shall be: Honorable Samuel T. Biscoe (or his successor in office) Travis County Judge P. 0. Box 1748 Austin, Texas 78767-1748 With copies to (registered or certified mail is not required): Honorable Ken Oden (or his successor in office) Travis County Attorney P. 0. Box 1748 Austin, Texas 78767-1748 and S 06M ~.9...~, t'1_ a...,, i'c_...a y.t;;.~.._..:s.... ...•....:.._i..(:.~...,..lv~..'- 1 i,":d3yi.'irx's...~:~:,~i.cn~~Y ' lJ..:'w :..uL4 ~[.~.i...,..::.Wr_.`:~.._.... /---1 \ a l r~ Roberto 1 Bayardo, M.D. (or his successor) Travis County Medical Examiner P. O. Box 1748 Austin, Texas 78767-1748 and Cyd V. Grimes (or her successor) Travis County Purchasing Agent P O. Box 1748 Atistin, Texas 78767-1748 11.03 Address of Brazos Count . The address of the Brazos County for all purposes under this agreement and for all notices hereunder shall be: Honorable Alvin W. Jones (or his successor) Brazos County Judge 300 East 26th Street, Suite #114 Bryan, Texas 77803 11.04 Change of Address. Each party may change the address for notice to it by giving notice of the change in accordance with the provisions of 11.01. 12.0 Assignability. 12.01 Neither party may assign any of the rights or duties created by this agreement without the prior written approval of the other party. It is acknowledged by Brazos County that no officer, agency, employee or representative of Travis County has any authority to grant such assignment unless expressly granted that authority by the Travis County Commissioners Court. It is acknowledged by Travis County that no officer, agency, employee or representative of Brazos County has any authority to change the provisions of this agreement unless expressly granted that authority by Brazos County Commissionets Court. 13.0 Entire Agreement. 13.01 All oral and written agreements between the parties to this agreement relating to the subject matter of this agreement that were made prior to the execution of this agreement have been reduced to writing and are contained in this agreement. 14.0 Interpretation of Contract. . 14.01 Law. This agreement is governed by the laws of the State of Texas. 6 s - 1 14.02 Severabilily. If any portion of this agreement is ruled invalid by a court of competent jurisdiction, the remainder of the agreement shall be construed as if that portion were not included in the agreement and shall remain valid and binding. 14.03 Computation of Time. When any period of time is stated in this agreement, the time shall be computed to exclude the first day and include the last day of the period. If the last day of any period falls on a Saturday, Sunday or a day that either Travis County or Brazos County has declared a holiday for its employees, these days shall be omitted from the computation. 14'04 Number and Gender. Words of any gender in this agreement shall be construed to include any other gender and words in either number shall be construed to include the other unless the context in the agreement clearly requires otherwise. 14.05 Headings. The headings at the beginning of the various provisions of this agreement have been included only to make it easier to locate the subject matter covered by that section or subsection and are not to be used in construing this agreement. 15.0 Legal Authori 15.01 Brazos County Signors. The person or persons signing this agreement on behalf of Brazos County, or representing themselves as signing this agreement on behalf of Brazos County, do hereby warrant and guarantee that he, she or they have been duly authorized by Brazos County to sign this agreement on behalf of Brazos County and to bind Brazos County validly and legally to all terms, performances, and provisions in this agreement. 15.02 Travis County Signors. The person or persons signing this agreement on behalf of Travis County, or representing themselves as signing this agreement on behalf of Travis County, do hereby warrant and guarantee that he, she or they have been duly authorized by Travis County to sign this agreement on behalf of Travis County and to bind Travis County validly and legally to all terms, performances, and provisions in this agreement. 16.0 Duplicate Originals. 16.01 This document is executed in duplicate originals. 7 • 1 4_ a_+.. ..1.1.-Yiuaa.....u..✓+~v...~.~-~3www:~.S!-~~f.LLiiaK..f~si5'Te....l'1i a~,Y.~~:.G-J:N.J Oljl.....i 4a....a..--_ .r- - - • • 17-~ Executed as of the later date set forth below. TRAVIS COUNTY BRAZOS COUNTY By: By. Samuel T. Biscoe, County Judge Alvin . Jones, Co Judge Travis County, Texas Brazos County, Texas 5-9-00 Date: Date: 8 F f ` F i t h r t{~I fl• ~i al TEXAS DEPARTMENT OF HUMAN SERVICES SPECIAL NUTRITION PROGRAMS AGREEMENT SPECIAL N',)TRiT10N PRGGRAMS , 17.4 : to gvMr- 1k., STATE OF TEXAS § COUNTY OF TRAVIS § MAY 2 81999 The Texas Department of Human Services, hereinafter referred to as TDHS, .TEXAS AUDEPT. F STIN FIELD OFF SE RICE 1-Le AND Brazos-County, Texas hereinafter referred to as the Contractor, do hereby make and enter into this contract, as required by the National School Lunch Ad and the Child Nutrition Act, as amended, and the following program regulations: the National School Lunch Program (NSLP), 7 Code of Federal Regulations (CFR) Part 210; the Special Milk Program (SMP), 7 CFR Part 215; the School Breakfast Program (SBP), 7 CFR Part 220; the Summer Food Service Program (SFSP), 7 CFR Part 225; and the Child and Adult Care Food Program (CACFP) 7 CFR Part 226. This agreement specifies the rights and responsibilities of TDHS and the Contractor pursuant to the Contractor's participation in one or more of the above named programs as stipulated herein. By signing this agreement, both parties are bound by its terns and conditions from its beginning effective date until terminated in accordance with this agk~q_%nWuTRITION PROGRAMS MUTUAL AGREEMENTS MAY 13 1999 The Parties mutually agree: TEXAS DEr'T. OF HUMAN SERVI(>-S A. If the Contractor fails to provide services in accordance with the provisions of this contract, 'l MSI IhW, 6$(QU en notice of default to the Contractor, immediately terminate the whole or any part of this contract, including refusal to pay claims for reimbursement, and such termination shall not be an exclusive remedy but shall be in addition to any other rights and remedies provided by law or under this contract B. If federal or state laws or other requirements are amended or judicially interpreted so that the continued fulfillment of this contract, on the part of either party, is substantially unreasonable or impossible, or if the parties are unable to agree upon any amendment which would therefore be needed to enable the substantial continuation of the services contemplated by this contract then, the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interest or obligations, including audit findings, insured up to the date of termination. C. This contract maybe canceled by mutual consent However, if such mutual consent cannot be attained, then and in that event, either party to this contrad may consider it to be canceled without cause by giving thirty (30) days notice in writing to the other party and this contrad shall thereupon be canceled upon the expiration of such thirty (30) day period. Nothing in this paragraph shall be construed to prohibit immediate cancellation pursuant to above paragraphs A and/or B. IL CONTRACTOR PROGRAM ADMINISTRATION AND FINANCIAL MANAGEMENT A. The Contractor will comply with the applicable regulations for its designated program, as well as 7 CFR Parts 245 and 250, as amended, the Uniform Federal Assistance Regulation (7 CFR, Part 3015, as amended), Audits of State, Local Governments, and Non-Profit Organizations (7 CFR 3052, as ameaded)and state policies and procedures as issued and amaxled by TDHS. The Contractor further agrees to perform as described in its application (including its Policy statement and supporting documents, and approved amcndmcats to4he application) for participation in the designated program L i F_ M 1 • • IV. CIVIL RIGHTS POLICY COMPLIANCE (Continued) B. This assurance is given in consideration of and for the purpose of obtaining arry and all federal financial assistance, grants and loans of federal funds, reimbursable expenditures, grant or donation of federal property and interest in property, the detail of federal personnel, the sale and lease of, and the permission to use, federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease or furnishing of services to the recipicnt, or any improvements made with federal financial assistance extended to the program applicant by the TDHS. This includes.any federal agreement, arrangement, or other contract which has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representation and agreements made in this assurance. C. The Contractor agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of the above Acts and permit authorized TDHS, USDA and FCS personnel during normal working hours to review such records, books, and accounts as needed to ascertain compliance with the above Acts. If there are any violations of this assurance, TDHS, USDA and FCS have the right to seek judicial enforcement of this assurance. This assurance is binding on the Contractor, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from the department. The person whose signature appears on this contract is authorized to sign this assurance on the behalf of the Contractor. D. A religious or charitable organization is eligible to be a contractor on the same basis as any other private organization. The contractor retains its independence from State and local governments, including the contractor's control over the definition, development, practice, and expression of its charitable or religious beliefs. Except as provided by federal law, TDHS shall not interpret this contract to require a charitable or religious organization to alter its form of internal governance or remove religious art, icons, scripture, or other symbols. Furthermore, if a religious or charitable organization segregates the government funds provided under the contract, then only the financial assistance provided by these funds will be subject to audit. However, neither TDHS's selection of a charitable or faith-based contractor of services nor the expenditure of funds under this contract Is an endorsement of the contractor's charitable or religious character, practices, or expression. The purpose of this contract is the provision of services; no State expenditures have as their objective the funding of sectarian worship, instructions, or proselytization. A charitable or faith-based provider of services under this contract shall reasonably apprise all assisted individuals of the following: "Neither THDS's selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief~ or your refusal to participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify your local TDHS Special Nutrition Programs office. Section 104 of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996.42 U.S.C. § 604x, sets forth certain additional rights and responsibilities for charitable and faith-based providers of services certain additional rights of assisted individuals, and certain additional responsibilities of TDHS to these M &caos .This contract is subject to those additional rights and responsibilities. gp IF~ . V. MAY 13 1999 TDHS CLAIMS PAYMENT TDHS will, subject to the federal appropriation and availability to TDHS of su>3'ieieat fund 4 rIN ` program payment to the Contractor in accordance with the terms of this agreemenL No reimburses performance under this agreement ocauring prior to (a) the beginning effective date of this agreement or (b) a later date established by TDHS based on the date of receipt of a fully executed copy of this agreement V1. EM MIGRATION • The Contractor agrees to comply with the requirements of the Immigration Reform and Control Ail of 1986 regarding employment verification and retention of verification forms for any individuals hired after November 6. 1986, who will perform any labor or services under this contrail. - - A VII. CERTIFICATION (Continued) If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federally funded contract, subcontract, subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The contractor shall require that the language of this certification be included in the award documents for all covered subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all covered subrecipients shall certify and disclose accordingly. C. The contractor certifies that if it is a corporation, it is either a for-profit corporation that is not delinquent in its franchise tax payments to the State of Texas, or is a non-profit corporation or is otherwise not subject to payment of franchise taxes to the State of Texas. D. The contractor certifies that all information submitted pursuant to this agreement is true and correct The contractor understands that the deliberate misrepresentation or withholding of information is a violation of this contract and may result in prosecution under applicable state and federal statutes. Brazos County, Texas Name of Contracting Organization (Please print or type) E. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or ' ess entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or paym n OWWS contract may be terminated and payment may be withheld if this certification is inaccura VIII. o• ' EFFECTIVE DATE AND SIGNATURES MAY 131999 The parties hereto in their capacities stated, affix their signatures and bind themselves for the fai I ERVICES terms of this contract pursuant to participation in the following program or programs: X National School Lunch Program Child and Adult Care Food Program X School Breakfast Program Summer Food Service Program Special Milk Program Alvin W. Jones - Sigaaftiie of chairman of the board of directors or other official who has been authorized to sign contracts on behalf of the contracting organization. County Judge Name of Official Signing Title of Official (Please print or type) (Please print or type) TEXAS DEPARTMENT OF HUMAN SERVICES Effective from r-ri n1 until terminated Date: 4 • By. az~tA TDHS Representative Approved for Form by OGC: . Revised Marcb. I f ti 4 • f _..,,.,_.-ti...` ~~'.i.x ..a..._, c..~...,,,y__xri ci<l,.r~:~s.:~~ "^-iw~.xs~~f~iG~ -.u,:•...`.+.%.f:i~-•'=yi,~.i..ik..._t_. :,_.u I i 3 ,Y 01 Y ~ 3 Form asos March 1098 SPECIAL NUTRITION PROGRAM `v V CERTIFICATE OF AUTHORITY This Is to certify that the following person(s): Name of AuVionzed Representabve (Mae" type or pnnq Tole Olivia N. Body Food Service !tanager 11-% 1 X almt- Vn - &10 -'T Slpnature-Aut*dzed Represemaflve 41 Name of Aut onzed Representab" (please type or pnno Title E.A. Wentrcek, Jr. ]Director X ~~gta~xb Spneture-Mrthorizad Representabve Is(are) designated as an Authorized Representative of Name of Contracting Organization Brazos County, Texas Address (Street OW State. zip) 300 East 26th Street, Suite 314, Bryan, Texas 77803 The representative(s) designated above, and myself, are authorized on behalf of the contracting organization to make written agreements with the Texas Department of Human Services to operate a food program, to sign documents or reports edout the agreement, ana to present etatms Tor refmoursement, wnen appropnate, to the aepartment. Name of Moe] of Convacbrp Agency (please type or print) Too Alvin W. Jones County Judge X - -~V- OL~-~ - t Saghatm-OfficWd con Agency DELETED AUTHORIZED REPRESENTATIVES: A contracting organization may not have more than three (3) Authorized Representatives, Including the Official of the Contracting Agency. If you are replacing or deleting an Authorized Representative, flat the name(s) of the Individual(s) to be removed as Authorized Representative(s) below: r: FOR DHS USE ONLY •o t t AMENDMENT NO. 1 TO THE PERMANENT PROGRAM AGREEMENT MAY 2 G CONTRACT NO. TX 021-2001 The Texas Department of Human Services, hereinafter designated the Department, and Brazos County, Texas (name of contractor) hereinafter designated the Contractor, entered into a contract effective; 7/01/2000 - 6/30/2001 under the above contract number. The Contractor and the Department hereby agree to the following amendment to such contract by adding the following statement; "In accordance with Section 403.055(h) of the Government Code, the contractor agrees that any payments due to the contractor under this contract will be first applied to any debt and/or back taxes the contractor owes the State of Texas. Payments will be so applied until such debts and back taxes are paid in full. This clause does not apply if federal law requires payment to be made to the contractor for goods and services provided in support of any of the USDA child and adult nutrition programs, and may not apply if federal law conditions the receipt of the money for these goods or services to the state on the basis of payment being made to the contractor." This amendment shall be effective on 7/01/2000 TEXAS DEPARTMENT OF HUMAN SERVICES Brazos County. Texas (Name of Contractor) TD 14S Representative D r C- rSC~r 11"~Sr~ Title Alvin W. Jones _ Authorized Representative Signature County Judge ~ J rmP, Aw UT ie A 1 3 •i i • - 7. Name of SCrjool o Akr 1 Brazos County. . Texas 17460004330000 TXua a a M-©FIM© i Aacress (Street or a. My. tale. I) eheprgxw No. 1904 West SH 21 . Bryan. Texas 77803 ( 979 ) 823-3544 I Contact Person Name achy (compete a arm t for each adFtl- sae) Olivia M. Body Brazos County Juvneile Detention Center School Adaress,d afferent Iron Skihod Food AWbonly adgiress) "phone No. same as above ( ) Type of SwooUFacality (check as wt aPOM) Combination Day School Residential Child Combination Day School and []Day School []Boarding School []and Boarding School ®Care Institution []Residential Child Care Institution []Special Education school ❑Atteachool Care Snack Site []Other (specify): I a H'Prlvate~' Is the school[RCCI nonprofit and tax N'Yes; attach copy ® P blic ❑ Private []Yes []No u Y exempt under the Internal Revenue Code of 1954? Y of letter from the IRS. Total Enrollment for All SchoolsfRCCls f1 ya~i~e Total Number of All SchoolsMCCls 01 0 Administered by School Food Authority: Administered by School Food Authority: A. Age Range or Crmaren EnroWd From: 10 To: 16 10M-6-0 Lsvets aught (saroas only) From: To: AVERAGE DAILY PARTICIPATION OF CHILDREN IN PROGRAM TIMES OF FOOD SERVICE Food Service: Free Reduced Price Paid Beginning Ending Breakfast 43 am am Lunch 43 12 Noon Ipm Area Eli;ible Afterschod Care Snack v Not Area Eligible Aherschool Care Snack ype of Meal Service t+k.al Prspvamn Food lierlAca WrnagelTleftt Cornparty ®onsite atdron ❑Centrsl l t hen Q (submit copy of ao Mkt end doWlat with this VPftNort) []other (atplsin)• 101 Tacas OePanrhIOrrt NATIONAL SCHO' LUNCH PROGRAM AND SCHOOL BREAKF' 'T PROGRAM Form tstk .a►.~~rhs.~•s APPUCATIO. OR PARTICIPATION AND POLICY ATEMENT?:;::'. wysook School Program Year: July 1, through June 30, 0 PART I - APPUCATION t ~ kslztt7~p 1. Is the above schoothesidential child care institution licensed? (If yes, attach copy of license.) []Yes % No 2. Program(s) that you are applying for. M National School Lunch PrograrMf Interested in operating the Aherschool Care Snack program, check yes: ❑ Yes F ® School Breakfast Program •Avollablo to sd,oolsNeswaew child earn Yaaltutlmu meeting the kAoh.In4 eaglburiy alteria: 1.401E or more of toW Mrehefies aarvW in second preceding year were free or reduced price; and ® Severe Need School Breakfast Program Rates' L Brw M oats eaeoW ew regular reimbursonmI rates ovalable underthe School Bnaktast Program. a..,ha*e timber of months the school will 12 U e p _-~t on EndcV he of Operataa be operating a food service program ~~U tie M Arn 1 kntcl",IW VI91r we- 44 4. Number of children enrolled at schoolfresidential child care Institution: 5. 6. Attendance (for residential child care institutions only) A. Are all of the children at the institution all day? Q Yes ❑ No N no, do all or some of the children attend public school? ❑AII []Some 0 only some attend public school, how many? If some or all attend public school. which meals do these sbdents eat at the institution? ...........QBreakfast []lunch S. Do the children attend on holidays and/or weekends? MYes ❑NO If yes. indicate whether holidays and/or wee/tends Mi lolidays E] Weekends s r p F • S 'r~ ' • N . Lr PART 11- POLICY STATEMENT FOR FREE I REDUCED-PRICE MEALS a the school food authority operates a program dtat requires separate changes for meals. it must comply with Sections A and B, if the school food authority operates a program that does not require separate chargeslar meals. It must comply with Sections 13 and C. If the school food authority operates programs that require both a separate charge and no separate charge for meals, it must comply with Sections A, S. and C. SECTION A-Programs that Charge Separately ONLY 1. The school food authority accepts responsibility for providing free and reduced-price meals to eligible children. 2. The school food authority assures DNS that it will uniformly implement the following policy to determine children's eligibility for free and reduced-price meals in the National School Lunch Program and School Breakfast Program. In fulfilling its responsibilities. the school food authority agrees to: a. Serve free meals to children from households whose income b at or below the free limit on the Standards for Determining Free and Reduced-price Eligibility, applicable to the contract period. or to children from food stamp households or TANF assistance units that provide a case number. b. Serve reduced-price meals to children from households whose income exceeds the limit but is at or below the Standards for Determining Free and Reduced-price Eligibility, applicable to the contract period. c. Provide these benefits to children from families submitting completed applications, whose Income meets the criteria on Form 4504 . and to foster children and to children from families whose income meets the criteria on Form 4504. because of strikes. layoffs, or unemployment. d. Designate kAME TITLE to review applications and determine eligibility. This official must use the criteria In this policy to determine which children are eligible for free or reduced-price meals. e. Prohibit physical segregation of, or any other discrimination against, any child because of his eligibility for free or reduced-price meals. The names of these children must not be published. posted, or announced in any manner. They must not be overtly identified by special tokens or tickets or by any other means. They must not be required to (1) work for their meals; (2) use a separate lunchroom; (3) go through a separate serving line; (4) enter the lunchroom through a separate entrance; (5) eat a meal different from the one sold to children paying the full price; or (6) eat meals at a different time from the other children. f. Establish and use a fair hearing procedure for parents who appeal the schoors/RCCrs decisions on applications and for officials of schools/RCCts who dispute information In an application or the eligibility of children for free or reduced-price meals. During the appeal and hearing. the child must continue to receive free or reduced•piice meals Records must be kept aooording to record retention requirements in the National School Lunch/Breakfast Programs Handbook and agreement Before beginning the hearing procedure. the parent or local schooVRCCI official may request a conference. The conference should provide an opportunity for the parent and schooVRCCI official to discuss the situation. present information. and obtain an explanation of data submitted in the application and of decisions made. A conference must not Frejudi for diminish the right to a fair hearing. The hearing procedure must provide: (1) A simple, publicly announced method for making an oral or written request for a hearing. (2) An opportunity to be assisted or represented by an attorney or other person. (3) An opportunity to examine, before and during the hearing. the documents and records presented m support the decision being appealed. (4) Reasonable promptness and convenience in scheduling a hearing and adequate notice of the.time and place of-tearing. (5) An opportunity to present oral or documentary evidence and arguments supporting a positim without undue interference. (6) An opportunity to question or refute testimony and evidence and to confront and cross-examine adverse witnesses. (7) A decision made by a hearing official conducting the hearing who was not Involved in the decision being appealed or In any previously held conference. (8) A decision by the hearing official based on oral and documentary evidence presented at the hearing that is made a part of the hearing record. (9) Written notification of the hearing official's decision. including the household's right to reapply any time during the year. provided to the parties concerned and their designated representatives. (10) A written record that includes the decision being appealed, documentary evidence. and a summary of oral testimony presented at the hearing. the hearing officials decision and the reasons for the decision. and a copy of the notification of the hearing official's decision to the parties concerned. (11) Record retention of the hearing for three years and 90 days after the end of the fiscal year to which it pertains. If audit findings have not yet been resolved. the records must be kept until the audit issues are resolved The record must be available for examination by the parties concemed. or their representatives. at any reasonable time and place during the retention period. 7t) 0 J A r... _l.. J a .s. Jl_ 7-... ..u~l.._'w:iA.S'.:..3~... .yyj4+y.lfJi.t~~><i.~y}~., •.'~s t..r..w.-L aL Ys-- Form IaI&Pap.. 0I SECTION S-Programs that Charge Separately AND Programs that 00 NOT Charge Separately In tuffilling its responsibilities. the school food authority agrees to: 1. Prohibit discrimination against people who are eligible to participate in the child nutrition programs because of race, color, national origin sex, age, disability, religion. or political belief. Anyone who believes that they have been discriminated against should write immedateh to: Director, Civil Rights Derision, MC W-206, Texas Department of Human Services. P.O. Box 149030. Austin, Texas 78714-9030 or the Secretary of Agriculture, Washington. D.C. 20250. NOTE: Discrimination complaints based on religion or political beliefs must be referred only to the Director, Civil Rights Division, Texas Department of Human Services. 2. (Applicable only If operating day schools and boarding schools)-Develop and distribute to each ctikfs parent or guardian a letter, aceorchng to the sample attached, and an application form for free or reduced-price meals. These must be distributed at the beginning of each school year and when eligibility criteria change. a. The school food authority must complete (1) or (2) as applicable: (1) Form 1625 is a sample of the letter to parents whose children are in a program that charges separately for meals. Is the school food authority using the attached sample? ❑ Yes Q No (2) Form 1626 is a sample of the letter to parents whose children are in a program that does not charge separately for meals. Is the school food authority using the attached sample? Yes No if the answer to either (1) or (2) is 'No,' the school food authority must submit to OHS with this application form a copy of the letter they send to parents. OHS must approve this letter before the school food authority sends it to parents. On approval, the school food authority must attach Form 1625A to the letter and send these to parents. b. Form 4524 is a sample of the application for free and reduced-price meals. Is the school food authority using the attached sample? ❑ Yes 1-71 Ao No The school food authority must ask parents to complete the application and return It to the determining official named in Section Aof this form. Applications and documentation of action taken are kept for three years and 90 days after the end of the fiscal year to which they pertain. If audit findings are not resolved, the records are kept until the issues are resolved Applications may be filed at any time during the year. The school food authority must supply an application to parents enrolling a child in a schooVRCCI for the first time, at any time during the year. If a child transfers from one schooVRCCI to another under the jurisdiction of the same school food authority, his eligibility for a free or reduced-price meal Is also transferred NOTE-Programs that Charge Separately ONLY: • All children from the same family must receive the same benefits. Within 10 workdays of receiving applications, parents or guardians must be noofied indrvk ually of the decision on their applications. Children are served meals as soon as they are deterrruned eligible. Form 1623 is a sample of the notification letter to the parents about the application for free and reduced-price meals. Is the school food authority using the attached sample? ❑ Yes [19 No If 'No; the school food authority must attach a copy of the letter being sent to parents. • When an application is denied. parents or guardians are informed In writing of the reason for denial and the hearing procedure. The designated hearing official is , NAME TtThF This person must be someone not involved in the original eligibility detemtination. It is suggested that the hearing official hold a position superior to the determining officiary. The hearing official and the determining official cannot be the same person. 3. Submit to OHS any proposed changes to this policy statement before it is Implemented. ChwWs are effective only when they are approved by OHS. 4. Verify eligibility according to the National School Ltmoh/School Breakfast Program Handbook and progrith ixgutations. S. Indicate which of the provisions of this section. If any, it wants to participate in. for free and reduoed-price meals. Three special provisions are available to school food authorities that affect free and Educed-price meal policy and procedures. a. Provision 1-The annual certification of children eligible to mceW FREE meals may be reduced to one every two years in schools/RCCIs. This period can be reduced 9 800% of the children In attendance are eligible for free and/or mdueed-price meals based on data from March of the previous year. Applications must still be sent annually to students who,pay full- or reduced-price or who are newly enrolled. f=or claiming purposes, school staff must continue to keep a daily record of the number of paid. free, and reduced-pdoe meals served to children. Q We choose NOT to participate In Provision 1. We vdll participate In Provision 1. and certify #0 the following schools had 80% or above free and/or reduced-price ❑ recipients partllelpating: Our first year under Provision t will be . A t (Provision 3, continued) Our fast year under Provision 3 will be Our designated base year will be Form 1626 Is a sample of the letter to parents whose children are in programs with no separate Charges for meals. it can be sent to parents for Provision 3 participants. If participating in Provision 3. you must answer the following question: Is the school food authority using the attached sample Form 162P t. ❑ Yes ❑ No If 'No' the sdhool food authority must attach a copy of the letter being sent to parents and describe how it will notify households that meals will be available free of charge to as enrolled students. SECTION C-"nuns tf'hat DO NOT Charge Separately ONLY 1. The school food authority is responsible for providing program benefits to oigibb children, 2. The school food authority assures DHS that although no Identifiable charge Is established for meals. it will uniformly Implemert the following policy. Id fulfilling its responsibilities. the school food authority agrees to: a. Claim as free meals only those meals served to children from families whose Income Is equal to or less than the income eligibility standard for free meals on Font 4504, Standards for Determining-Free and Reducedpdce Eligibility. applicable to the contract period, or to children from food stamp households or TANF assistance units that provide a case number. b. Claim as reduced-priced meals only those meals served to chldren from families whose income Is above the income eligibility standard for free meals but equal to or less than the standard for reduced-price meals on Form 4504, Standards for Determining Free and Reducedpdced Eligibility, applicable to the contract period c. Keep documentation to support individual eligibility decisions for three years and 90 days after the end of the fiscal year to which they pertain. If audit findings are not resolved, the records must be kept until audit Issues are resolved. d. Prevent physical segregation of, or any other discrimination against any child. The names of the children eligible for free or reduced. price meals may not be published, posted, or announced In any manner and children must not be overtly identified. Children must not be required to (1) work for their meals; (2) use a separate ka>chroom; (3) go through a separate serving line; (4) enter the lunchroom through a separate entrance; (S) eat meals at a different time; or (6) eat a different meal. e. Designate Olivia M. Body Food Service Mgr. . to determine eligibility for free and NAME TITLE reduced-price meals. This official will use the criteria outlined In this policy to determine which Individual children's claims may be made for free or reducedixice meals. f. Develop and keep a fist with the following Information about each child (for school food authorities operating RCCIs only): (1) Name: (2) Birth date: (3) Dates of admission and release; (4) Income; (S) Eligibility determination and data (initialed by official making determination). (NOTE: Children at RCCIs are Considered a family of one. Exceptions to this are children of house parents living at the institution. These children must have an application on file as described in Section S. number 2.) g. Describe how daily point-of-service (the point In the food service operation when it can be accurately determined that a meal Is reimbursable) counts are taken. This is usually the and of the line. If tickets or tokens are collected at the beginning, explain how you assure that a reimbursable meal was taken (attach a sheet If needed). Residents are only served reimbursable meals by the kitchen staff. A final count is made by child care staff when residents exit the line and are seated. SECMON D-The following attachments are a part of the policy statement for free and reduced-price meals: Form 1623-KotMcadon Letter to Parents Rep8rQ749 14ppileation for Free and Reduced-price Meals Form 162..-,lefter to Parents (programs that charge separately for meals) Form 1625A- Standards for Determlrting Free and Reduced-Moe Ellglbd/ty 03 be provided to parents (will be forwarded as soon as USDA publishes) Form 1626-Letter to Parents (programs that do not charge separately for meals) Form 4S24-41ppllcation for Free and Reduced-price Meals Form 4504-Standards for Determining Free and Reduced frfoe Eligibility (will be forwarded as soon as USDA publishes) A sample Press Release (sae page 8 of this form) T, 70d~. A L JO e._.Lf : .......~.2..u,....._-~J~,.._,~.hi.a.a:+~.:a•.h~Y.:a:,..c.:..-n.e~.v.~v~t:... a:.L... ....t~..~w 1.'..,~•~:.. i, ',1 a• ~ r. 01 01 Toms Depanffiem _ Farm 4732E of Human Suvices Septe4nber,l b9! NONGO. -tiNMENTAL CONTRACTOR CERTIM... nON MAY 2 G J3 . , The Taxes Department of Human Services (DNS) has adopted ndes pertaining to contracting with organizations In which a former board member or employee (whose last day of duty was within the past two years) has any ownership or control, or who Is an employee or consultant of-ouch organization. Also. Human Resources Code 622.0033 prohibits for one year after employment former OHS employees In pay grades equivalent to or above pay grade 17. Step 1, from helping (for pay) another entity obtain a contract with DNS in an was for jvltich the former employee was directly concerned or had administrative responsibility. Additionetty, OHS has adopted standards for contracting with contractors associated with currant or former employees and board members, and their relatives. This torn Is necessary to help the Department determine compliance with those rules. AN potential no"ovemmental contractors for any type of contract must complete this certification. The contract, K awarded, may be terminated for cause if (1) the contractor knowingly provides Incorrect Information In Its certification: or (2) the contractor uses a subterfuge, such as a subcontract arrangement, to avoid the application of state laws or DNS rules. Does the potential contractor have as an officer, director, employee, consultant, or owner (in whole or in part): 1. A person who Is currently a DNS employee or OHS board member? ❑ Yes QX No 2. A person who was a former DNS employee or board member whose last day of duty with DNS was F-1 Yes ® No within the past two years? 3. A person who is related (see Relationship key below) to a curnrtt DNS employee or DNS board m Yes ® No member? 4. A person who Is related (see Relationship key below) to a forcer DNS employee or OHS board ED Yes ® No member whose lost day of service to OHS was within the past two years? Wife Brother Stepdaughter Spouse's Sister RELATIONSHIP Husband Sister Stepson Spouse's &other KEY Father Son Mother-in-law Mother Daughter Father-in-law IF YOU ANSWERED 'YES' TO ANY OF THE ABOVE QUESTIONS, YOU MUST COMPLETE AND ATTACH FORM 4732-A. CERTIFICATION 1 certify that the Information above Is complete, true and correct to the best of my knowledge. I understand that lack of full, true and complete disclosure may be grounds for withholding payment for delivered services and may cause contract termination. Name of Potential Nor►govemmamal Contractor COMM W. Smal security No. or VIN Brazos County, Texas TS 021-2001 17460004330000 F4irt or Type Name Alvin H. Jones s Rep semative flare V A4 -103 'a ~I it ~i. ~i 5. ti. Tags oeparonmit of Hunan Servbas SPECIAL HUTRMON PROORAMS SINGLE AUDIT IOENTIFlCATION DATA (For Contract Year 2001'• Fmm Isif der 1917 2000 Coma= t u" Cor = Person Brazos County, Texas Olivia N. Body Address (Sweat or P.O. a(W. Cay. State, P) 1904 flesh SH 21, Bryan. Texas 77803 elepnorm No. Payee to No No. ( 979 ) 823-3544 17460004330000 TX 021-2001 Cormci f Fiscal You End (mm/ddyyyy Type of calwad 09/30/2000 For Pmat Non-profit Governmental Check the nooronrtate box(es) to Indicate the tvoe(s) of oroaram(s) In which you currentiv oarllctaate or for which you ere snnivinA- COMMOOnY ASSISTANCE PROGRAMS AGREEMENTNOS. ® A -National School Lunch Owl 1 ❑ 8 - Charitable Institutions ❑ C - Area Agency on Aging ❑ G - Summer Camps ❑ H - Summer Food Service ❑J -Jalls ❑ 1 -TEXCAP CASH REIMBURSEMENT PROGRAMS Tx NOS. AD -Adult Day Care TX- E] BL-National School LunchBrealdast TX-021-2001 ❑ CC - CACFP Center TX- DH -CACFP Day Home TX- ❑ SF- Summer Food TX- ❑ SM -Special Milk TX- TE-TEXCAP TX- Give the source and amount of any federai tunas tnat your agency expenas otnar tnan Tram Tnose programs ustea anove: SOURCE AMOUNT Criminal Justice 300 - 400,000.00 ❑ SINGLE AUDIT EXEMPTION-I cergfy that t am not required to submit. an audit under ft Single Audit Act for the following reason(s): 1 ^ i t t 1 me.. s fnrsmflr mmnnl"fIAR ❑ t eYeend less than 5300.000 annuativ In total federal fundina. li Q SINGLE AUDIT ASSURANCE-1 understand that 01 meet the requirements of the Single Audit Act. l will agree to submlt an audit as a condition of edgibMty to participate In the Special Nutrition Programs. and that tallure to do so as required could result In adverse action. Including the withholding of my claim for reimbursement payments and tremination of my contract. 1 also understand that If 1 am a private non-profit organtzation subject to the requirements of the Single Audit Act and have a financial audit performed annually. I must also obtain a single audit on an annual basis. t r1t ~e-- - ?I < a-x ~ - I 5- -4F-.Oa WWWO-AudwUed Rapm"ntalm DLLs or PIN AJones ;;:`~.5 r Judge a f l i 1 t l i-~ l i \ :L..s.~._..r..-,+.~...w.:r5.ai._.~.`.ti..":..~i~.w~.. Su.Y.~..~. :ic. ca.;:~ 01 61 t Apr.. 28 00 10:54a Bill Richard Ravev (409) 822-0769 P.1 R A V E Y & A S S O C I A T E S 1505 SOUTH COLLEGE AVENUE BRYAN TEXAS 77801 409 779-0769 Voice Fax 409 822-0769 April 27, 2000 Commissioners Court Brazos County Courthouse 300 East 26th Street, Suite 114 Bryan, Texas 77803 Re: Brazos County Detention Center Addition Bryan, Texas Project No. 9403 Dear Commissioners: The existing Waiting and Visitation room walls are in very rough condition. The Contractor has proposed new epoxy paint at the detention steel wall in the Visitation Area. The old paint has graffiti, has been heavily scratched, and does not closely match the new paint color. Additionally, matching wall vinyl has been proposed for the old areas of the Public Waiting Room. The attachcd revision is forwarded to you for approval. It is the opinion of the Architect that the amount is fair and equitable for the work proposed. It is recommended that the funding for this item of work be drawn from the Contingency Allowance. The attached table illustrates the status of all revisions. Italicized items were previously approved or have not yet been submitted. Approval by the Court is requested for revision R-24. J i i t. . I-a 01 Sincerely, ~A W" Rick Ravey Architect attachment ~f to ~4 ~-A ss-~ s Y { i` r B 00 10:54a Hill Richard Ravey (4091 622-0769 p•2 i (table attachment commissioners court 4118/00) SUMMARY Rev. No. Description Amount Added da R-1 Storm Sewer Extension 690.00 0 R-2 Fire Hose Rack Addition 4,34600 0 R-3 Handicapped Revisions 4,594.00 0 R-4 Win Wall Support Modifications 5,986.00 0 R=5 Gas & Water Service Modifications 372.00 0 R-6 Rain D s- M 0.00 7 R-7 Jail Standards Revisions 624.00 0 R-8 Add Floor Drain at Chase 153 2,244.00 0 R-9 Concrete Mason Unit Weight pending 0 R-10 Raise Manhole at S✓W drive 0.00 0 R-11 Rain Days - June 0.00 11 R-12 Delete Sandblasting o Concrete Panels <7,735. 00> 0 R-13 Extend Return Air Duct to Chase 219 77.31 0 R-14 Security Caulk at Detention Areas declined 0 R-15 Earl Turn-on o the Generator 660.00 0 R-16 Conduit or Detention Telephones 4,454.32 0 R-17 Pre finished K nar at Canopy Panels 350.00 0 R-18 Delete "F" Windows at Visitor 209 pending 0 R-19 Return Air Ducts at Corridor 106 1.491.85 0 R-20 Fence Enhancements 65, 385.00 0 R-21 Add vinyl file to floors of Vestibule 128, Corridor 188, & Corridor 219 1,745.00 0 R-22 Add run-off trough & handrails at Annex ram pending 0 R-23 Security camera modifications .pending 0 R-24 - Paint detention wall at Visitation & add wall vinyl at Waiting Room 1,600.00 0 04P .1 I l I +~1 I I I i r r i F 7 , .s`.~~rsi;.x 1• .StAi.'~~'.w.-..Ji.:.-:use.a.:.t~.t,6,-;,.s,.,l~a.~, ty„ _ _ r V (409) 822-0769 P•3 i 00 10:55a Hill Richard Ravey W M gLLW tT INC PAGE 81 27/2000 10:03 4097744361 NV.M. KLUNKERT, INC. GUMLAt.CM11VAC M 4090 ilaymm,d Stoesu Pkwy. (409) 8462717 College Smion, TX 77845 FAX (409) $4678" • i April 27, 2000 Mr. Rick Ravey Architect RAVEY AND ASSOCIATES 1505 South College Ave. Bryan, Texas 77601 RE: Brazos County Detention Center Project Number 9403 Dear Mr. Ravey: W.M. Klunkert. Inc. would ltlce to propose the following changes at the above referenced project. The talk thru window between roots 211 and 212 will not match the paint of the existing wi dow that we are comxcting to. In addition, the existing unit has quite a bit of scratched paint. We would prep this unit and paint k to match the new unit for 51,000.00 (one thousand dollars and no cents). The finish schedule calls for vinyl wall covering on the east wall of room 211. The wall that we are connecting to is textured and painted. In addition. the vinyl wall covering in the existing visitor waiting area is not going to match the new vinyl wall covering. We propose to offer a credit to only paint the cast wall in room 211 and remove and replace the vinyl wall covering in the existing visitor waiting area for 5600.00 (sac hundred dollars and no cents). If you should have any 8uther questions or would I&e for us to perform this work please let us know. Sincerely. W.M. KLUNKERT, INC. (teams Project Manager I , -1 . - _ , 1 BRAZOS COUNTY MAINTENANCE DEPARTMENT Effective New Date/Last Revision: February 2000 This policy relates to the use and assignment of all county vehicles by employees of the department. The objectives of the policy are to provide cost effective transportation to employees for carving out the functions of the department, to maintain the vehicle fleet in good working order and to provide 24 hour capability to respond to emergency situations such as natural disasters, accidental disasters and domestic emergencies. 1. TYPES OF TRANSPORTATION SERVI • The department may provide an employee with means of transportation to perform his or her job duties. Such means include mileage reimbursement, use of county vehicle and public transportation. Provision of transportation by the county shall not be used as condition of employment with the county. 2. USE OF COUNTY VEHICLES* County vehicles and equipment are property of the county and may be used by department employees only in the course of the heir job duties unless otherwise provided for in this policy. Any employee who uses a county vehicle must have a valid Texas driver's license and must have signed a "Drivers License Check" form (See Attachment "A'). Authorized drivers are covered by the county's casualty and liability insurance policy. The driver is responsible for the safe operation of the vehicle and for obeying State and local traffic regulations. Employees who drive county vehicles or use their own personal vehicle to routinely conduct official county business shall notify their supervisor at the beginning of the next business day of any suspension or cancellation of their vehicle operator's license. Employees shall not drive county vehicle under the influence of illegal drugs or alcohol or while under the influence of lawfully prescribed or over-the-counter substances, if these substances impair the employee's ability to drive. The driver is responsible for payment of all fines, penalties and court cost associated with violations of traffic regulations. 3. VEHICLE ASSIGNMENT: A pool vehicle will be available at the Building Maintenance Department. Pool Vehicles; Vehicles in this category will be available on a reservation basis to Maintenance employees whose job responsibilities demonstrate a periodic, non-continuous need for a vehicle. OLJ. r. - A 3 f i fi t I .l i i a i ~ ~ ,~..,:..J..... ' . ,.~~d,.:..~.~+L.aJ.cS: ` .:.._.L:+~.'lua.t5.~~i~.+~k:,.c.+rlr:i. x.i.n! •~+Rru_.,...:.......s~. ~..s...-_..- _ _ _ _ E • 4. VEHICLE CHECK OUT: Vehicle keys and vehicle fuel card shall be kept at Building Maintenance Department and may be pick up at any time. 5. USE OF VEHICLES FOR MEAL BREAKS: County vehicles may be used to travel to and from work sites for designated meal breaks if the lunch break occurs while in route to or from or while at a field work location. 6. VEHICLE MAINTENANCE* Users of county vehicles are responsible for maintaining sufficient fluid levels in the vehicles, including gas, oil, brake fluid, water and tire air pressure. These items should be checked each time the vehicle is filled with gas. No one should return a vehicle with less than a half (1/2) tank of gasoline. Scheduled preventative maintenance shall be the responsibility of Building Maintenance Director. 7. PASSENGERS: Persons not employed by Brazos County are permitted to ride in county vehicles as passengers if necessary to conduct county business or provide courtesy rides in cases of road side emergencies. Non-county employees are covered by the county's casualty and liability insurance policy under these circumstances. At no time will a person not employed by Brazos County be authorized to operate a county vehicle. 8. SAFETY: All department employees who drive county vehicles or their own personal vehicles to conduct county business are expected to drive safely and observe all vehicles traffic laws to prevent vehicle accidents. County employees who drive county vehicles will be rated based on a point system comparing their motor vehicle record (MVP) and the Risk Assessment Table, shown below. Any employee who has accumulated 8 or more assessment points over the past two years from the date of the Driver's License Check is considered to be a high risk driver and will not be permitted to drive county vehicles. RISK ASSESSMENT TABLE - 8 { ~f 1 ~ I DPS VIOLATIONS POINT ASSESSME NT Vehicular homicide 10 points Vehicular manslaughter 10 points DWI or DUI 10 points Driver's License suspended 10 points Hit and run 10 points Leaving the scene of an accident 8 points Negligent homicide 8 points Reckless driving 8 points Negligent collision 5 points At fault accident 4 points Failure to yield to school bus 4 points Pedestrian violations Unsafe speed 4 points 3 points l~ • 2of3 k i 4r . Vi E, Y. Failure to yield 3 points Running stop sign 3 points Improper turn 3 points Failure to control vehicle 3 points Driving in an improper lane 3 points Illegal passing 3 points Speeding 2.5 points DRIVER TRAINNING REQUI EMEN T& All employees who drive county vehicles and/or drive their personal vehicle on county busi ness and are reimbursed for mileage are required to attend Driver Education Training for six hours every two years. i 3of3 -jOL,L?...PA4 2 s 1_.. I-_'u_a.~+ . _ _~a. .L a. ._..5, F.,..~.~:..•5~:,~t.ln:~'.av~:,....e~~c.+.. 'i~iu3.+a. ~:.re~.,..3..w.,{.w -v=a..~~~s.z.; Jei-.~...._..... - Attachment "A^ BRAZOS COUNTY MAINTENANCE DEPARTMENT • DRIVER'S LICENSE CHECK Your authorization to drive a county vehicle depends upon your driving safety record over the past two years. You shall not drive a county vehicle if you have been convicted of any one of the following violations during the past two years: Vehicular Homicide, Vehicular Manslaughter, DWI or DUI, Driver's License Suspension, Hit and Ruri, Leaving the Scene of an Accident, Negligent Homicide or Reckless Driving. You may not be permitted to drive if you have been convicted of multiple lesser violations during the past two years. A Driver's License Check will be conducted to verify your driving safety record over the past two years. The information received will be kept confidential and used strictly for determining you eligibility to drive a county vehicle. I HEREBY CERTIFY THAT I HAVE READ THE FOREGOING STATEMENT AND AGREE TO ALLOW THE BRAZOS COUNTY MAINTENANCE DEPARTMENT TO PERIODICALLY CONDUCT A DRIVER'S LICENSE CHECK BY THE TEXAS DEPARTMENT OF PUBLIC SAFETY OF MY DRIVING RECORD FOR UP TO PAST (3) YEARS. I ALSO UNDERSTAND USE OF A COUNTY VEHICLE MAY BE CONSIDERED AS TAXABLE INCOME BY THE INTERNAL REVENUE SERVICE. Name (please print) Today's Date Signature Date of Birth Social Security Number Driver's License Number / State 61 s `01127/1994 21:40 9722192261 t4TS CZNIti4TItl6 - COUNTY OF BRAZOS § i 1 1 1 PAGE 02 1 STATE OF TEXAS § LONG DISTANCE SERVICES CONTRACT CUSTOMER: Brazos County Attn: Cody Auditor 300 East 26 h Street Bryan. Teams 77803 979-775-7400 12 Month Agreement, renewable for oneyear terms, at Customer's option. TeM Start : 5115100 or upon completion of PIC hMkvxntation. Rates: '0794 Switched Inter/Intrastate..25 Travel Card, .60 Directory Assistance It is mutually understood and agreed that this NTS COMMUNICATIONS, INC. is be. Contract by and between BRAZOS COUNTY and Gener011y.4vallable Terms Ing executed contemporaneously, with the NTS Services and NTS's P„o and Conditions oj1V7S communications, inc. _ Telec0,nmunlca6O1u 0168, dared March 2, 20~ Response 10 Brazos County s Request jor'Pr°p°sa1 N°. 2000- In the event of any conflict is any of the contract d agreed that the conflict shall be ocurr~eats, it is mutually understood and resolved by reference to the documents in the following priority: LONG DISTANCE SERVICES CONTRACT; NTS'S PROPOSAL RESPONSE TO BRAZOS COUNTY'S REQUEST FOR PROPOSAL No. 2000-016R, Dated March 2, 2000, eluding attached emu responses ; BRAZOS COUNTY'S REQUEST FOR PROPOSAL NO. March 2. 2000; and 2000-0168, Data! NTS'S.GENERALLY AVAILABLE TERMS AND CONDITIONS OF NTS COMMUNICATIONS, INC' - TELECOMMUNICATIONS SERVICES. The following modifications are m ` C4h'A~IUNICATIONS ; agreed to by BRAZOS COUNTY and NTS Amllable T ' Tu~urlcamdo„s Conditrtoecs oj1V7S Conrurlcabio, IXG - { &WROft ~ A4 - 7 1 7 Page 1 of 3 1 ~ f i Ie.~s~~a..t~.........~.n._..~....•~......_~_.__..., ,._s...un.~`..:,l is.:.=-•id.:d=-.:.t.,"se,J~,:w:uS~Y.fc,'H:3::.,i7,oiia..:.J.,.;..ri:..:e.~.~.l.u.'..... .1 i j'~ • • Current Section 2.6.1 (L) is deleted. New Section 2.6.1 (L) is inserted in its place and agreed to by both parties as follows: Customer, subject to the Constitution and laws of the State of Texas, will be liable to the Company for any and all costs and/or expenses incurred directly or indirectly, including without limitation, court costs, costs of collection, attorneys' fees, costs of investigation and all other similar costs, incurred by the Company in the collection or attempted collection of any delinquent charges, fees, tolls or other billed items. In the event that either party should utilize in-house counsel in the collection or attempted collection of any delinquent charges, fees, tolls 6r other billed items, or in the defense of the same, and should such utilization result in the filing of a lawsuit by either party, then either party shall be entitled to recover reasonable attorneys' fees as part of any judgment or settlement in which that party is the prevailing party. With regard to in-house counsel, reasonable attorneys' fees are defined as those fees which are usually and customarily charged by attorneys for similar work in the general geographic area in which the lawsuit is brought. Section 2.6.1 A is amended to , ( ) i read, "A late payment charge of 1% will accrue each month upon any amount unpaid thirty (30) days after receipt of invoice by Customer." Section 2.61 (A) is amended to inchide the language "wrthout incwting liability.- in front of the first sentence of the section, which shall end at the setnkolom. Section 2.6.2 (B) is amended to delete subsections (2) and (9). V VOL I I.PR IMP'_~ 15~ Page 2 of 3 • .,27/1994 21:48 '9722192261 NTS CD44HICATIONS PAGE Add the language "subject to the Constitution and laws of the State of Texas" at the following locations: Section 2.1.4 (A) after the word choosing in the first line. Section 2.1.4 (B) after the word Customer in the first line. Section 23.2 (A) after the word Customet in the first line. Section 2.8 after the word Customer in the 116i line. Section 2.8 after the word Customer in the 131° line. Current Section 2.6.1 (1D(2) is deleted. New Section 2.6.1(H)(2) is inserted in its place and agreed to by both parties as follows: Customer must bring billing inquiries and disputes to the Company's attention within two (2) years of the invoice date. Failure to do so within this period shall be deemed an admission of the accuracy of the entire contenis of the bill, and shall foreclose any opportunity to challenge the accuracy of any portion of that bill at a later date. 83 j I /27./1994 21:49 9722192261 PAS 04 PITS CaoKNICATI" SIGNED AND AGREED TO TWS day of May. 2000• COMMUNICATIONS. INC. BRAWs COUNTY . Mme. Alvin Jones 3ArxItA(Lh A-S Brazos County Judge N71 Title Ll - CO Datc . 1 1 s I i r page 3 of 3 i 1 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM 41 DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: May 9.2000 ITEM: Request from Sprint Telephone Company to revise a previous request approved by Commissioners' Court March 7 2000 to excavate an existing cable alone Paradise Way at its intersection with Pioneer Drive (Seven Eleven Ranch Subd ) for maintenance work: the new proposed work will include an additional 1.300 ft. of cable which will be installed close to. or in, the ditch flow line requiring extra care with backfill and compaction to keep flow line erosion to a minimum. Site is located in Precinct 1. SOURCE OF FUNDS: NIA •1 REQUIREMENTS: A) No work will be permitted between front slope and/or back slope. B) The line shall be installed 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction Is necessary, It shall be the Applicant's responsibility to do so and to remove all cleared brush, trees, etc, from County right- of way. D) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; 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 Highways. published by the Texas Department of Transportation, and all other state and federal laws governing utility construction. NOTES/EXCEPTIONS: SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0000-064 Approvedg/ Denied❑ by Commissioners' Court Date: 6- 9 - on Alvin W. Jones, Co my Judge ~~Aqa 115 1 APPROVED B . Co ssion y Jones Precinct 1 ~I r. i Sprint PO Box 2077 Humble. TX 77347.2077 April 26,2M Richard F. Vance Brazos County Engineer 2617 W. HWY 21 Bryan, TX 77803 Dear Mr. Vance: We arc resubmitting this permit due to a revision for the project. If you have any questions or concerns about this work, please contact me at (281) 359-9507. Sincerely, Gary Donald Network Engineer PnGT 26 f n. AovJ pK .es ft,lfr,.irtEy l~lr# Tie FoccOWI^o e~toy~E ,ATf'.8l,Fff T~►~ IS 1a /1k9uf3rn1T- *•vo 7-,vE Jt/EcjJ 1,4J>d/OoSOO llJO/1Ae Js c. %a dE AWr iAj TUe J' AO D,reV f c O&O CJ^wk; V.VjeA! Aut,c /1p Qv,Af 'x rn a C,9 AF w) 7,6 B*e Aef 1 [ C AVp (arr ~o,A c r~tb. r To EP fc.w ~i.•.iE fx o Si cA, To j+ Jil J s.ri M , \ .,.._.-x....ao..t~wraat~...l:~--~rmaicr:,#N+r.4.+L-ah.O:se~a'];i:.~ rr~is .u~?~•.:.~..~,-..,~ta ' •i . I~ l ATTN: Richard F. Vance W.O. 36274330 Brazos County Engineer 2617 W. HWY 21 Bryan, Texas 77803 Dear Sir: Formal nonce is hereby given that the United Telephone Company of Texas. Inc. proposes to install buried communications cable upon and along the nght-of-way of county roads in Brazos County, Texas, as follows: IMPROVED ROADS (paved) - The contractor will plow cable in backslope with 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. 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 grade to assure no hazard to vehicular, animal or pedestrian traffic. No trenches shall be left open overnight. 5. The usual 10%fees withheld from contractor until repairs are made satisfactory with Engineer and Public Authorities having jurisdiction - f" i t, I t J. F ' 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 notice. Construction of this line will begin on or after the 24th day of February , 1999. SPRINT/UNITED TELEPHONE COMPANY OF TEXAS, INC. BY " /Gary Donald DATE: 02/21/2000 TITLE: Netw k Engineer II P. 0. BOX 2077 Humble, TX 77347-2077 APPROVED: County ge or Co issioners Court 52A z.o s COUNTY DATE 1 - 111 r .,.w. • ~..~r..._~ wr I~..l... `a..4.2J'J.iGJ~%s?v.JS.Ld.lji~... ...1,. 1. L'..nW.S:~1.'~•~ wG. ~Z~..~w..i.i: ...FG ~...~.r Y. L a 0 - 0 - 0 i i .I Q d 7A ,I. 1 i f I: 0 r , O r PC. 7382' s(, o I, 351.4,m CC W W z 0 H I o, I ~ . 1 , )f ~ fj 2.)(,So, 1 J$ 0 12,E In . Iwo 1 J ~ 1 1 I f 1 I 1 1 I , I 1 1 'I \ \ 4 ~o O m m^ CONSTRUCTION NOTE, \ +9 \ \ It :m ►v a tin CONTRACTOR IS RESPpNISBIE FOR LOCATING AND \ \ Wy ob PROTECTING ALL UNDERGROUND UTILITIES AND •14693 91 1 \ m y: o yZ FOR RESTORING R.O.W. TO EQUAL OR BETTER IE6.1 , \ , JS9) Hb ~mm' 4) CONDITION. PLACE CABLE AT 36'OEPrH. CA0 6 1 \ w b eh~ S501,476.474 O n`+0► SSOI. 1 ~ . / • , • ~ ' ~ ~`PQ•6 5501.482.487 12 58p) ,1 2' (36165677.1) x30 •`\~D``. 1, 1 i ! ~V p --`\,6696 ' vti m~ 1 m n tin A' n m• (D 6 tw , ; ~9 m a'm ' )es b • WUNQ 6Nv II'1 , In 7F 71 Nu ga ss9 I . Ss A, . Wy m0. 1 14689 S S S/f 6• sT r •~4/ t 1. I , X258. _ • 36716 4 k-v 4 2.._ 0 • is eB ' :ils~o gSSOfJJee ) 9 SENON 14ARTINEZ 409.825.8496 Oq (5601,476) 5601,376 - TRAYINA TIOROW 409.825.4119 mco 0 1146411 IS601,482) S601. 382 2008116811654 589' 4- N TO CXR JAYIER SANrOY 409.825-1847 (S601.488) 5601,384 CRYSTAL WOODRIGE 404-825.4094 (5601.490) 5601,386 X~ J - ~ s71f~ . ~ k' p _ '91 1 , EI-2 I El•2 ~ 4 CPLM•8 IS601 489-5001 S601 389- O HOWARD BREWER 409.810.4116 (560 , , 400 1,483) 5601,390 1 \ (36165677.1) (36274330.0) PATR \ ICK PIiTS 489-85.8296 1 (5601,484) 5601,392 1 ® CASEY d SHERRY PITTS 409.870.3564 (SGOI,489) 5,601,389 MARVIN 4YRO 409.85-7184 (S 601,494) 5601.394 CHARLES McDANIEL 489.825.2814 (S601,497) S661.397 CHARLES McOANIEL 409-85-6691 , (S601,4981 S601.398 IA ~ 1 SEE SHEET 3 14-P 1 1. 'Sprint sw7Ar rowtov 8.5.24 ASP-SJ FSF 76.479 A.5-6 0.5.6 1 ,X D 5 487 1 IS r .13.25 (,13.25 (36165611,7) L N '3597 1438' BI -0 '30154 354' •39703 50' I B•50.24 ASP-SJ-F '81 -0 36274330 (PPX) '8i -0 4,901.906 8.12.22 ASP-SJ•F 8.12.22 ASP-SJ-F 5601 407-450 IS601,414.425) S601,364-375 5601,414-425 , (36165677.7> (93600519.0) (36274330.0> (93600579,0) •15807 146860' ' 130142 946' 36164328 '97 -0 •39704 50' 36274330 tPPX)'97 •14689 916 -0 20811668 50-24 1166 A92 -0 0SF 8.9 8-25.24 ASP-SJ-FSF 0.25.24 ASP-SJ•FSF 98100899 81 -0 8-50.24 ASP-SJ-F 4926931 15601,476-4791SGOI,376-379 5601,476.479 4 901.906 5601,451-500 S6 (A,5.6) 5681.380.381 (S60I,482-500) 5601 382-400 A,5.6 5601 482.508 . 56OI.407.450 165617.1> , (36165677.7> (36274330.0) . (36165677.7) (3616561).7) •36696 2424' 36165617 '97 -0 '39706 Sir •36715 1024' 92 fl •15780 974' 20811668 '92 -0 8.400.24 ASP-SJ•FSF S601 1.400 36274330 -0 (PP1 B•400-24 ASP-SJ•FSF 8.50.24 ASP•SJ-FSF 6,926 931 SP SJ FSF , S601,1-400 4.926.931 S601 457-500 5606451.500 , (36165611.1) 12781 '3598 IC3.- * •30147 2114' •36716 986' ' 8.12.22 ASP•SJ•F 81-0 81 -0 ASP-SJ F 24 039705 2098 36165677 91 -0 (S601.414-425) S601.364-375 (936005790> (36274330 S601,414 555601,364.375 ~ 4.901 B•400.24 ASP•SJ-FSI .0) (93600579.0) (36274330.0) 5501.407.450 5601,1.400 PIONEER I I; i 1 7':100' 1281-359.9507102/16/2000 1 2 3 NYST 10639128 I GARY DONALD 0 0 0 SEE SHEET 2 g O~ x® •3884 r14I15 P[. CP W, --v MICHAEL BATTS 409.870.3545 12 PEO.6 P,Er+-4/!t•y 15601,4811 S601.372 o S601,414.4251 S601.364-375 x (93600579.0) (36274330.0) 0 MICHAEL BATTS 409.825 6117 15601.4951 5601.370 I ~ ?I I 1 A !'LACE A+Ga/ Prd od7•S/DE FEroLE 4--+ S PL Aef 2 c' 6 X 7 2 8 Dw SOl 1-c ro ~ I 1 /3Sw fEf_dia.4 AE d?oPS, Z 1 1 1 1 1 1 1 ' IW ID 1m 1 1 1 • ~ 1 ' '3883 '92 DONALD AVERY 409.825-0467 12 IE I.4 (S601.4011 5601. 341 O D.M. SMITH S60.414-42515601,351•342 .825 N817929 (936005740) (36224J30.0) DONALD AVERY 409 0876 15601.4931 5601.3 Sy 1 1 1~ 1 7 1 1 NI J, 1 1 • 1 I . 1 ' 1 1 1 ' -3882 MIS O CHARLES ANSLEY 409••825.6355 IEI.S 3 (5601,496) 5601. 357 "12 PED- (S6016,414.425)S601.35/•3G2 KRYSTLE JESSON 409.825-7173 (93600579.0> (36274330.0) 15601,5001 5601.34$ wl •3881 MIS IEI-6 12 I Q (560U14-425)S601,35/•3G2 40 (93600579.0) (36274330.0) S601Y4991C 5601, 3 53 25 9281 M. NICHOLS 409-A75.4017 5601.4921 5601, 3 SI ■ D50-ADD PEC Sprint oo4uon PARAOISEL SprldTdgdav REVISED DATE o0 D'cV1CVI _i. i OTHER PRINTS j -t PARADISE LN 6 PIONEER T 0639128 1'=100' i t F 4 I i ~g S&ol,'33'/-4100 SF t 2X22 ASP•sT FSFI S40I,N1N-9T JJ t -3598 1272' 0- '81 B•12-22 ASP-SJ-F (5601.414.4 25)5 601.3 S1- 34 2 (93600579.0) (36224.1Jtl.N) FYI - wk IMOM4 GARY DONALD }6214330 .w. otM •Y I 81.359.9501 02/16/2000 3 3 2 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM i DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: May 9.2000 ITEM: Request from Wickson Creek Special Utility District to construct a road bore in the right pf way of Bendwood Drive (Forest Lakes Subd) approximately 300 ft from its intersection with Forest Drive. Site is located in Precinct 3. SOURCE OF FUNDS: N/A 1. PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) The line shall be installed 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. D) Duch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent Geotechrncal testing firm; copies of all test results shall be fumished to the office of the Brazos County Engineer. E) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. Il. ACTION REQUESTED OR ALTERNATIVES: SUB I D BY: APP" D Z Richard F. Vance, P.E. Commiss' er Randy Sims County Engineer Precinct 3 0000-065 Approved E311 Denied O by Commissioners' Court Date: S - 9 - 00 4~.L -;;frz Alvin W. Jones, C my Judge I4 n i t i l i ig 1 1 01 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant; rk~nn r Pk S U ).proposes to place a (type)water IinevAfifiklAe right-of-Way of (road) Bendwood Dr. In Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must by notified 72 hours prior to the beginning of construction in order that he or his designated inspector may inspect the actual Installation. 2 That all damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. That Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, sHould same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. That Brazos County will In no way be responsible for any damage which might occur to any existing utility lines in the right-of-way. 5. That the line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. That the line or lines will be constructed no less than twenty-four inches (241 lower than the lowest part of the drainage or bar ditch and the drainage Is to be considered at least two feet (2) below the center of the roadway. 7. That all sites will be barricaded during the construction period. Construction of this line will begin on or after the 15thay of May 2000 Firm:. 7 Cson Creek S.U.D. By: Title. General Manager Address: DO Box 4756 _ Rrvan TX 77805 Phone: 409-589-3030 , APPROVED BY COMMISSIONERS' COURT ON: s- 9- ~~~T 3 Data ty Alvin . Jones, CJudgep 12,w eaw) -WO ft~ L Q i i ~~v~du~ooc~ u~ . I Il +'~~~scd . I R,-,pjd Borg 1u. t ~.t'C f~ ,in Ann '~UUnq BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM C7 DEPARTMENT Road and Brido NUMBER 65 0010 DATE OF COURT MEETING: May 9.2000 ITEM: Request from Wickson Creek Special Utility District to construct a road bore in the right-of way of Deer Run Drive (Deerfield Estates) approximately 500 ft. from its intersection with Deerfield Drive. Site is located in Precinct 3. SOURCE OF FUNDS: N/A 1. PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) The line shall be installed 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. C) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. D) 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 Highways, published by the Texas Departrnent of Transportation, and all other State and Federal laws governing utility construction. II. ACTION REQUESTED OR ALTERNATIVES: SU I ED BY: APPRO D BY Richard F. Vance, P.E. Commissi er Randy Sims County Engineer Precinct 0000-066 Approved Ell Denied O by Commissioners' Court Date: 5 _ 9 - vo Alvin W. Jones unty Judge v0L,0-.PA9 I a i , I f~. i t REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice Is hereby given that (appIIcan* i ck snn creek s . U . D {proposes to place a (type)water 1 ineVARRIAe right-of-way of (road) Deer Run Dr. In Bmzos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must by notified 72 hours prior to the beginning of construction in order that he or his designated Inspector may inspect the actual installation. 2. That all damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. 3. That Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right-of-way. 4. That Brazos County will in no way be responsible for any damage which might occur to any existing utility lines In the right-of-way, S. That the line will be constructed and maintained on the County right-of-way in ; j accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. That the line or lines will be constructed no less than twenty-four inches (241 lower than the lowest part of the drainage or bar ditch and the drainage Is to ; be considered at least two feet (2') below the center of the roadway. 7. That all sites will be barricaded during the construction period. - 2000 Construction of this line will begin on or after thelsttday of May IF9_. Firm: -wicirton Creek S.U.D. By. pct Title: General Manager Address: p. 0. Box 4756 Bryan. TX 77805 . Phone: 409-589-3030 APPROVED BY COMMISSIONERS' COURT ON: I~Rc r 3 Date s- - 40~0 D!( A 5 porno , 12" N APO ' Alvin .Jones, Cou Judge ~ ARL H 1 n*vkod WS/67 e 1 i f , i , c • , I ►Olola Q.9 c•'p,NJ r1 • 1055 6_vp"LQ ~c~5a0 c~Qv1-f;u~~ n I~ d A- • d z • Gi U~ [IeC~ x.143 aio Rood Ilea.< Rur1 Dt', GTE 1-~PRc N- -59U -.o_11~ r 69- ~C(_L f.. _y5or„Qf IL CpWky) Road Q,oce usI nq yr evIcoso-vrey,~i ~~n, w'~~h 1' koatef(lyw- f cIL KAY HAMILTON County Treasurer Brazos County Courthouse 300 E. 26th, Suite 313 DATE: Apri128, 2000 TO: Hon. Alvin Jones, County Judge Hon. Tony Jones, Commissioner Hon. William Thornton, Commissioner Hon. Randy Sims, Commissioner Hon. Carey Cauley, Commissioner Ruth McLeod, Administrative Assistant ti Bryan, Texas 77803 FROM: Kay Hamilton, County Treasurer RE: Quarter Ending 03-31-00 Investment Report (409) 361-4340 This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned a weighted average yield of 5.898% for the quarter ending 03-31-00. Total interest deposited during the quarter was $408,350.73 resulting in the year to date balance of $775,893.08. The weighted average maturity of the invested funds was 72.52 days for the total portfolio. This average included the one-day to two-day availability of the funds that were invested with TexPool. At quarter end, Brazos County had an investment cost of $34,957,704.04 that carried a book value of $35,256,117.30. The 03/31/2000 total market value of $35,215,044.63 was provided by Solomon Smith-gamey of Houston and the March 2000 TexPool Newsletter. Because of diversification, liquidity and short-term investments the Brazos County Investment portfolio has maintained a less than 1% difference between the book value and the market value. The interest rate performance of the portfolio was comparable to the March benchmark of the 90-day Treasury bill of 5.86%. PORTFOUO SUMMARY REPORT Beginning Bk. Value (12/31/99) Beginning Mkt. Value (12/31/99) WAM at Beginning Date Change to Market Value Ending Book Value (03/31/00) Ending Market Value (03/31/00) Unrealized Gain/Loss WAM Fund Group 1 $26,998,697.45 ' $26,967,887.52 92.94 Days 4,255,354.69 $31,264,251.01 $31,223,242.21 41,008.80) 72.52 Days Fund Group 2 $ 6,718,308.07 $ 6,718,367.16 2,726,564.74) $3,991,866.29 $3,991,802.42 63.87) Total $33,717,005.52 $33,686,254.68 $ 1,528,789.95 $35,256,117.30 $35,215,044.63 41,072.67) i 7 ~ f ~ R I ~ OG~ , >r r i 's - Book Value of funds Invested per security type as of 0313112000. • TexPool $20,219,467.60 57.84% U.S. Treasury Notes $ 1,018,281.25 2.85% Agency Coupon Notes $ 2,058,153.34 5.72% Agency Discount Notes $ 9,939,089.61 27.87% Commercial Paper $ 2.021.125.50 5.72% $25,977,326.80 100.00% Corn m.Ppr. Agency DIN 8% Agency C/N 28% 5% USTN 3% TexPool 57% Investment Interest deposited: C] October 1999 $137,592.07 January 2000 November 1999 $118,005.14 February 2000 December 1999 $111.945.14 March 2000 Q/E 12/31/99 $367,542.35 Q/E 03/31/2000 Attached are the following reports: 1) Investments by Fund and Strategy Type 2) Inventory Holdings Report 3) Weighted Average Maturity and Yield Report 4) Quarterly Investment Activity Report $148,040.73 $108,998.86 $151.311.14 $408,350.73 To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. • Kay Ham on, County Treasurer qT White, Deputy Treasurer 503/00 Date OS D,7) Date if Ot....0 ...PACIM- q " INVESTMENTS BY FUND AND STRATEGY TYPE i E FUND 1- POOLED FUND GROUP General Fund TexPool $1 0,025,927.48 Coca-Cola Comm.Paper (04/12/2000) $ 2,021,125.50 FNMA DIN (05125/2000) $ 2,016,049.37 FHLMC DIN (0613012000) $ 3,123,397.83 FHLB D/N (08/17/2000) $ 2,542,577.56 U.S.Treasury Notes (05115/2001) $ 1,018,281.25 FFCB Coupon Notes (10/0112001) $ 1,028,986.67 $ 21,776,345.66 Health Endowment Fund TexPool $ 1,183,579.77 FFCB Coupon Notes (10/01/2001) $ 1,029,166.67 $ 2,212,746.44 Vehicle Inventory Tax Interest TexPool $ 58,861.00 Voter Registration TexPool $ 31,919.19 Health & Life Insurance TexPool $ 1,347,078.15 State Lateral Road TexPool $ 103,643.68 DPERATINGbFU D V gb30'S94°12' General Obligation Debt Svc. TexPool $ 16,008.89 FNMA D/N (05/25/2000) $ 1,058,700.43 FNMA DIN (08/10/2000) $ 1,198,364.42 $ 2,273,073.74 t ' 'A StPMe j 'p``~;1 DEB, E V'.IG F~11N • $ 2 27.3'073 ,A General Perm. Improvement TexPool $ 3,460,583.13 cx ZSGra PEGG4 P,ROJ PERIUIiIKlIP1'/fDEBg {S,3"460`583x13; Ftlrid, GroL f55aTdtal lt264*26 *011 FUND 2 -CERTIFICATES OF OBLIGATIONS M.S.J. Expansion TexPool 001 $ 2,983,811.14 Right of Ways TexPool 001 $ 603,488.09 Capital Roads - R&B TexPool 001 $ 202,292.27 Courthouse Improvement TexPool 001 $ 202,274.79 tr`al' SPE PE(CP l ERMi1NIP DEBT DAI W" ~j9J 66 29 3;9911866.x2 i i BOOK VALUE OF ALL INVESTED FUNDS FOR MARCH 2000 $ 35,256,117.30 0 0 I BRAZOS COUNTY INVESTMENT FUND INVENTORY H OLDINGS REPORT PERIOD ENDING 0313112000 FUND TYPE OF SETTLE CUSIP ACCRUED BEGINNING BEGINNING ENDING ENDING UNREALIZED REMAIN. TYPE ASSET DATE NUMBER MATURITY COST PAR YIELD INTEREST BOOK MARKET BOOK MARKET GAINILOSS D-T-M 12131199 12/31/99 03/31100 03131100 TREASURIES - 1 USTN 10115!99, 313588MX3 05115101 997,187.50 1,000,000.00 5.625 21,093.75 1,004,218.75 999,608.52 1,018,281.25 1,012,421.02 (5,860.23) 410 AGENCIES 1 FNMA DM 08/25199 313588TN5 02125/2000 1,035,551.57 1,065,000.00 5.64 20,485.87 1,056,037.44 1,055,888.33 - - - Matured 1 FNMA DIN 02109/00 313588XG5 05/25/2000 3,049,481.42 3,102,000.00 5.93 25,268.38 Did not own Did not own 3,074,749.80 3,073,944.13 (805.67) 55 1 FNMA DIN 03/01100 313588853 08110/2000 1,192,310.88 1,225,000.00 6.194 6,053.54 Did not own Did not own 1,198,364.42 1,191,600.83 (763.59) 132 1 FHLB DIN 12/17/99 313384C49 08/17100 2,499,200.89 2,600,000.00 6.033 43,376.67 2,504,984.45 2,505,316.67 2,542,577.56 2,538,662.39 (3,915.17) 139 2 FHLMC DIN 08/12/99 313396SJ3 01128/2000 1,499,516.74 1,539,000.00 5.686 32,941.65 1,532,458.39 1,532,715.75 - - - Matured 1 HLMC DIN 07/06/99 313396YU1 06130/2000 3,000,420.00 3,165,000.00 5.561 122,977.83 3,081,795.67 3,073,795.25 3,123,397.83 3,117,157.51 (6,240.32) 91 ~ 1 FFC13 C/N 10105/99 31331HG35 10101101 1,000,000.00 1,000,000.00 6 29,333.33. 1,014,168.67 1,007,458.33 1,029,166.67 1,017,633.33 (11,533.34) 549 1 FFCBC/N 10/05/99 31331HG35 10/01101- 999,820.00 1,000,000.00 6 29,333.33 1,013,986.67 1,007,458.33 1,028,986.67 1,017,633.33 (11,353.34) 549 Sector Totals 11,207,648.04 11,182,241,18 13,015,524.20 12,975,052.54 40,471.66 MMERCIAL PAPER I T FordMotorCr. 10/15199 34539TAD7 01113/00 1,970,450.00 2,000,000.00 6.082 25,281.67 1,995,731.67 1,996,013.33 Matured rrill Lynch 12/08/99 59018JC28 03102100 1,999,748.83 2,028,000.00 6.066 7,644.43 2,007,393.26 2,008,266.43 - Matured 2 + G.E.Cap.Corp. 12/17/99 36959HCA3 03/10/00 1,842,703.17 1,869,000.00 6.201 4,382.81 1,847,085.98 1,848,466.96 - - - Matured 1 Coca-Cola 01/25100 19121ADC2 04112100 1,999,815.75 2,025,000.00 5.9 21,309,75 Did not own Did not own 2,021,125.50 2,020,848.00 (277.50) 12 Sector Totals 5,850,210.91 5,852,746.72 2,021,125.50 2,020,848.00 277.50 CONSTANT DOLLAR POOL 1 TexPool 5.9141 13,320,382.87 13,314,082.33 16,227,601.31 16,227,341.67 (259.64) 1 2 TexPooI001 5.9141 3,338,763.69 3,337,184.45 3,991,866.29 3,991,802.42 (63.87) 1 Sector Totals 16,659,146.56 16,651,266.78 20,219,467.60 20,219,144.09 323.51 PORTFOLIO TOTALS 33,717,005.51 33,686,254.68 35,256,117.30 35,215,044,63 (41,072,67) 'I I I 4 k I I: ;I !i I 'NOTE: There was an error on the CUE 12-31-1999 report. The remaining days to maturity for the two FFCB coupon notes were reported as 540, the correct number of days should have been 640. y ~ w I~ c i i BRAZOS COUNTY INVESTMENT FUND WEIGHTED AVERAGE MATURITY AND YIELD REPORT PERIOD ENDING 0313112000 SECURITY SETTLE MATURITY END BOOK MARKET UNREALIZED D•T-M WEIGHTED TYPE DATE DATE COST PAR YIELD VALUE VALUE GAINILOSS W.A.M. AVG.YLD 03131/00 03131100 TREASURIES USTN 10115199 05115101 997,187.50 1,000,000.00 5.625 1,018,281.25 1,012,421,02 (5,860.23) 410 Sector Totals 1,018,281.25 1,012,421.02 (5,860.23) 410.00 6.625 AGENCIES FNMA DIN 08125199 02/2512000 1,035,551.57 1,065,000.00 5.64 - 0 Matured FNMA DIN 02109/00 0512512000 3,049,481.42 3,102,000.00 5.93 3,074,749.80 3,073,944.13 (805.67) 55 FNMA DIN 03101100 0811012000 1,192,310.88 1,225,000.00 6.194 1,198,364.42 1,197,600.83 (763.59) 132 FHLB DM 12/17199 08/1712000 2,499,200.89 2,600,000.00 6.033 2,542,577.56 2,538,662.39 (3,915.17) 139 FHLMC DIN 08112199 0112812000 1,499,516.74 1,539,000.00 5.686 0 Matured FHLMC DM 07106/99 06/3012000 3,000,420.00 3,165,000.00 5.561 3,123,397.83 3,117,157.51 (6,240.32) 91 FFCB C/N 10105199 10/0112001 1,000,000.00 1,000,000.00 6 1,029,166.67 1,017,633.33 (11,533.34) 549 FFCB CM 10105/99 1010112001 999,820.00 1,000,000.00 6 1,028,986.67 1,017,633.33 (11,353.34) 549 Sector Totals 11,997,242.95 11,962,631.52 (34,611.43) 174.61 6.894 COMMERCIAL P APER Ford Motor Credit 10115199 01/1312000 1,970,450.00 2,000,000.00 6.082 0 Matured Merrill Lynch 12108199 0310212000 1,999,748.83 2,028,000.00 6.066 - 0 Matured G.E,Capital Corp. 12117199 0311012000 1,842,703.17• 1,869,000.00 6.201 - 0 Matured Coca-Cola 01/25/00 04112100 1,999,815.75 2,025,000.00 5.9 2,021,125.50 2,020,848.00 (277.50) 12 Sector Totals 2,021,126.50 2,020,848.00 (277.50) 12.00 5.900 CONSTANT DOLLAR POOL TexPool 5.9141 16,227,601.31 16,227,341.67 (259.64) 1 5.5006 Texpoo1001 5.9141 3,991,866.29 3,991,802.42 (63.87) 1 5.5006 Sector Totals 20,219,467.60 20,219,144.09 (323.51) 1 6.9141 PORTFOLIO TOTALS 35,256,117.30 35,215,044.63 (41,072.67) I 72.52 5.898 'NOTE: There was an error on the QIE 1213111999 report. The D-T-M for the two FFCB coupon notes were reported as 540, the correct number of days should have been 640. J, I I r QUARTER ENDING 03.31.2000 INVESTED FUNDS ACTIVITY REPORT FUND i • POOLED FUND GROUP FUND 2 • CERT. OF OBLIO. I I 1 I i I I I DATE DE6EMBEHt DESC. C GEN.FUND 8 V.I.T. INT. HLTH.ENDW, O.P.I. G.O.DEBT VTR. REG. HLTH6LF RD XP. R.O.W. R&B CAP. CTHS.IMPV. TOTAL 0111372000 ComnP Matured 3343Q35! 1,970,45000 53 40(00! 94368131► 93058311$ ~t645963381 4301141 &'Y078448.6& 03,84 105'4 01254000 Purchased Cc Paper 1,999,815 75 b 1,970,45000 01 7182000 FHLMCDIN Matured 1874 S 1,999,415.75 011312m Te)Pod January Interest 30,194.16 18563 5,664 40 18,641.13 2,894 93 15858 5119 38 : V 11.44 3 097.41 3 22858 1 69895 S 1,499,51874 S 79 007 45 0173171000 TexPooI Jan. Interest Trsfr. 18,641.13 - 18,641.13 , , , , . 1 B!VANC 0321$ 3830583x131 59817?) 084568041 9950 654 8& £iit683 99?72i 359 SOR151 b 0 /082000 0110971000 Te~od B Purchased FNMADk%QNde 199948142 1,050,00000 0 00 , 250,00000 , 75,00000 S 021102000 TeWad d 19,00000 250,00000 36 000.00 0000 b 3,049,481.42 000 FNMA D7NMatured - 1,035,5515 , E 905,00000 000 TexPodWithdraval 600,00000 - b 1,035,551.5 000 V Febmary Interest 29,45800 241.19 5,51025 18,04826 1,62216 15427 5,77761 421.14 10,651.73 3,01312 2 264.72 1 387 97 S 600,00000 $ 79 550 42 000 ToPod Feb. Interest Trsfr. 18,04826 18,04826 , , . , . 03101Q= WkW"RAfANCEJX=0 PurchasodFWADisc Nde 1895861071 5684$ 54294 5831131 1065,828887 3395099t 03J.12569k 1X4433 50.23? $ 031022000 . CcrnmPapa Matured - 1,999,748.83 - 1192,31088 b 1,192,31088 03114000 0x=Paper Matured b 1,999,74863 031102000 Tex-od Deposd 3,000,00000 - 1,842,7031 $ 1,842,703.1 03282000 Te)Pod Buyoul 500,000.00 28,00000 470,000 00 - 2,00000 - 380.000 00 59,000 00 236 000 00 85 000 00 $ 3,000,00000 E 037312000 037312000 Te)Pod March Interest ToPoolMar InWestTrsfr 43,551.32 19 431 48 294.18 6.03681 19,43148 8001 16820 673248 51799 13,26408 3,272.09 , 2,034.82 , 1,37968 $ 98,763.14 C . , C , . S2t85304.' 86ROIk 183578 19,43148 a% 3 460583x131 P iQ 31919il91 P,'A 07 8:51 ry 843:641 983,81A14 60348809 go 001 001 i 2Z41T% b $39 021 r I r i~ `•J 1 .h I I~ . I I• I. THIS PAGE LEFT BLANK INTENTIONALLY 1 . 1 , f f , 1 1 i i i L VOLE PAGE-1:L , ...n_.'-i........-...av..e~1u_....c.....J.-.u-. ' ~~1-~....~t11:aL'~ :i_J.d~r ll.[i:~c:y...v.L_.i\w'l.L4J1.L ~.=.~t1~.i +.~t,.~.e_. L:u•=- r...n ..~L. _ - ~ _