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HomeMy WebLinkAbout2002-03-19-0900AM-Regular• FILED NCR 15 A $ 1'q BRAZOS COUNTY BRYAN. TEXAS KAREN McQUEE&CBUNTY CEi B~RAjy~~QS~CifI1HTX BRVAILTEM NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT • Ll 3. Budget Amendment 01/02-16. 4. Payment of Claims. 5. Personnel Changes of Status. 6. Proclamation regarding National Agriculture Week in Texas. 7. Agreement with the Bryan-College Station Economic Development Corporation. 8. Acceptance and execution of a grant from the U.S. Department of Justice for the District Attorney's Office in the amount of $120,000 for a three year period to handle cases involving violent crimes committed with guns. 9. Authorizing Wells Fargo to disburse the balance on deposit in the Escrow Fund upon completion of the vehicle funding from the escrow account. 10. Appointment of a representative from the City of Bryan to serve on the County Audit Committee. 11. Amendment Five to the Employee Benefit Plan. a3 Q P-1 i THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, MARCH 19, 2002 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26'H STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Judge Jones. 2. Call for citizen input and/or concerns. Consider and take action on agenda items 3 - 27: 0 Commissioners Court Meeting Agenda March 19, 2002 Page Two 12. Administrative Services Agreement with VALIC for the deferred compensation plan. 13. Waiving requirement for Rural Fire Prevention Districts to submit audit reports for fiscal years prior to 2001. 14. Request by the Maintenance Department to exchange an old departmental truck for a truck from the Road & Bridge Department. 15. Approval for the Purchasing Department to conduct an auction of County vehicles and equipment. 16. Permission to reject Bid #2002-036, Sheriff Department's Uniforms. 17. Approval of the extension of the Maintenance Agreement for the copy machine in the Tax Office. 18. Award of Bid #2002-038, Motor Grader Annual Bid. 19. Blanket Purchase Orders as follows: a. $1,000.00 to Lowes for the Brazos Center b. $8,500.00 to Labatt Food for the Juvenile Services Department 20. Request from Verizon to construct buried cable installation in the right-of-way of Fazzino Lane. Site is located in Precinct 4. 21. Permission for the Road & Bridge Department to enter Pat Cole's property located off Leonard Road for the purpose of disposing of dead livestock. Site is located in Precinct 4. 22. The Amending Plat of Flack Farms, 13.242 acres, G. H. Coleman League. Site is located in Precinct 2. 23. The Replat of Franklin Estates Lot 11, Block 4, 15.9996 acres, Stephen Jones League. Site is located in Precinct 1. 24. The Final Plat of Easterling Estates, 52.253 acres, Richardson Perry League. Site is located in Precinct 2. 25. The Final Plat of Cedar Ridge Subdivision, Phase Two, James D. Allcom Survey. Site is located in Precinct 2. Cho* Commissioners Court Meeting Agenda March 19, 2002 Page Three 26. The Final Plat of North Country Estates, Phase Three, 32.09 acres, G. H. Coleman Survey. Site is located in Precinct 2. 27. Approval of minutes from the following Commissioners Court meetings: a. Regular meetings conducted on November 6, November 13, November 20, and November 27, 2001. b. Special meeting conducted on November 9, 2001. c. Public Hearing conducted on November 13, 2001. • d. Workshop session conducted on November 15, 2001. 28. Presentation by the County Auditor's Office of the Comprehensive Annual Financial Report for the year ended September 30, 2001. 29. Announcement of interest items and possible future agenda topics. 30. Call for citizen input and/or concerns. 31. Convene into Executive Session pursuant to §551.071 of the Texas Government Code to discuss with legal counsel pending litigation. 32. Consider and take action on Executive Session. 33. Adjourn. ~J 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) 361-4102. j.l 'r 13 Iwo 30 0 COMMISSIONERS' COURT REGULAR MEETING MARCH 19, 2002 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, March 19, 2002, 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; C.B. Jones, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Judge Jones gave the invocation and led the pledge of allegiance. There was no citizen input and/or concerns. The Court next considered Budget Amendment #01/02-16.1 through 16.5 which would reallocate funds for the Constable Precinct 1, Constable Precinct 2 and County Attorney's Office and increase the budget for the Sheriff's Office from Contingency and the Law Library Fund from Law Library Contingency. Vol 3o Page ;2 14 • Commissioners' Court meeting March 19, 2002 2 On motion by Judge Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment with the exception of 16.3 (Constable, Precinct 1)and 16.4 (Constable, Precinct 2). A copy is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20028492 through 20028890 • On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered the approval of a proclamation regarding National Agriculture Week in Texas. On motion by Judge Jones, seconded by all the Commissioners, the Court • voted unanimously to proclaim the week of March 17" through 23rd, 2002 National Agriculture Week in Texas. Vol 30 Page a-+S Commissioners' Court meeting March 19, 2002 3 The next matter for consideration by the Court was an agreement with the Bryan-College Station Economic Development Corporation (EDC). The agreement becomes effective April 1, 2002 and ends on September 30, 2002. The County agrees to pay the EDC a total of $123,476.00 for services provided. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the agreement with the Bryan-College Station Economic Development Corporation. A copy of the agreement is attached. The Court next considered approval of the acceptance and execution of a grant from the U.S. Department of Justice for the District Attorney's Office for an additional prosecutor to handle cases involving violent crimes committed with guns. The grant would be in the amount of $120, 000 over a three year period. The District Attorney reported the County would be required to fund approximately $3,000 to $5,000 per year. The County would not be obligated to fund the additional prosecutor once the grant expires. On motion by Commissioner Cauley, seconded by Commissioner Tony Jones, the Court voted unanimously to approve the grant from the U.S. Department of Justice for the District Attorney's Office for a gun violence prosecutor. A copy of the grant is attached. Vol 30 Page a s cf • Commissioners' Court meeting March 19, 2002 4 The Court then considered authorizing Wells Fargo to disburse the balance on deposit in the Escrow Fund upon completion of the vehicle funding from the escrow account. On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve authorizing Wells Fargo to disburse the balance on deposit in the Escrow Fund upon completion of the vehicle funding from the escrow account. The Court next considered the appointment of a representative from the City of Bryan to serve on the County Audit Committee. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to appoint Mary Kay Moore as representative from the City of Bryan to serve on the County Audit Committee. The next matter for consideration was Amendment Five to the Employee Benefit Plan. This amendment was made to update the definition of experimental, educational, investigational or research services or procedures. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve Amendment Five to the Employees Benefit Plan. A copy of the amendment is attached. Vol 3b Page a 0 Commissioners' Court meeting March 19, 2002 5 The Court next considered approval of an Administrative Services Agreement with VALIC for the deferred compensation plan. On motion by Commissioner cauley, seconaea Dy Commissioner Thornton, the Court voted unanimously to approve the agreement with VALIC. A copy of the agreement is attached. The Court next considered waiving the requirement for Rural Fire Prevention Districts to submit audit reports for fiscal years prior to 2001. On motion by Judge Jones, seconded by Commissioners Thornton and Tony Jones, the Court voted unanimously to approve waiving the requirement for Rural Fire Prevention Districts to submit audit reports for fiscal years prior to 2001. The Court next considered the approval of a request by Building Maintenance to exchange an old departmental truck for a truck from the Road and Bridge Department. On motion by Judge Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the request by Building Maintenance for the exchange of an old departmental truck for a truck from the Road and Bridge Department. The next matter for consideration was approval for the Purchasing Department to conduct an auction of county vehicles and equipment. Vol 3b Page P-I3 • Commissioners' Court meeting March 19, 2002 6 On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve an auction of county vehicles and equipment to be conducted by the Purchasing Department on May 11, 2002 at the Road and Bridge Department. The Court next considered a request by the Purchasing Department to reject Bid #2002-036 for Sheriff Department's Uniforms. On motion by Commissioner Cauley, seconded by • Commissioner Thornton, the Court voted unanimously to reject Bid #2002-036. The Court then considered approval of an extension of the maintenance agreement with IKON Office Solutions for the copy machine located in the Tax Office. The maintenance agreement would cost $657.01 to include toner and 72,000 copies. The overage rate for exceeding 72,000 copies is $.00617 each. The term of the agreement would cover March 22, 2002 - March 21, 2003. A copy of the agreement is attached. The Court next considered awarding the following bid: is a) Bid No. 2002-038, Purchase of Motor Graders Becky Stephens, Senior Buyer, made the following recommendations: Mustang Tractor Vol 30 Page at of 0 Commissioners' Court meeting March 19, 2002 7 On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendations of the Senior Buyer and award the contract as noted. The Court noted that only one bid was received. A copy of the bid tabulation is attached. The Court proceeded to consider the following blanket Purchase Orders: Lowe's Brazos Center $1,000 Labatt Food Juvenile $8,500 On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered a request from verizon to construct buried cable installation in the right-of-way of Fazzino Lane beginning at its intersection with State Highway 21 and extending for a distance of 1,221 feet; approximately 475 feet of the proposed 1,221 feet of cable will be required to be placed in an adjacent public utility easement (Mesquite Flats Subdivision). verizon has been notified of the public utility easement requirement. The site is located in Precinct 4. Richard Vance, County Engineer, stated that he had reviewed the request for buried cable installation and all appeared to be in order. Vol 3b Page ~;-ao • Commissioners' Court meeting March 19, 2002 8 On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the request of Verizon and authorized the buried cable installation. A copy of the request is attached hereto. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Pat Cole on • Leonard Road for the purpose of disposing of dead livestock. The site is in Precinct 4. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to authorize the work. The Court next considered approval of the Amending Plat of Flack Farms, 13.242 acres, G.H. Coleman League in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to approve the amending plat of Flack • Farms as submitted. The Court next considered approval of the Replat of Franklin Estates, Lot 11, Bock 4, 15.9996 acres, Stephen Jones League in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. Vol 30 page k~0 is Commissioners' Court meeting March 19, 2002 9 On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the replat of Franklin Estates as submitted. The Court next considered approval of the Final Plat of Easterling Estates, 52.253 acres, Richardson Perry League in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and offered the following comments: a) Add minimum Finished Floor Elevation 281.0 ft. to Block 2, Lot 15 and Block 3, Lots 16 and 17 (per Subdivision and Development Regulations, Article V, Paragraph C, Line 22). On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to approve the final plat of Easterling Estates subject to the developer complying with the exception noted by the County Engineer. The Court proceeded to consider approval of the Final Plat of Cedar Ridge Subdivision Phase Two, James D. Allcorn Survey, A-60, 12.12 Acres in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Thornton, seconded by Commissioner Tony Jones, the Court voted unanimously to approve the final plat of Cedar Ridge Subdivision Phase Two as submitted. Vol 20 page aaa- • Commissioners' Court meeting March 19, 2002 10 The Court proceeded to consider approval of the Final Plat of North Country Estates Phase Three,32.09 Acres, G.H. Coleman Survey, A-10, in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and offered the following comments: a) Add temporary turn-around on northeast end of North Country Drive. On motion by Commissioner Thornton, seconded by Commissioner • Cauley, the Court voted unanimously to approve the final plat of North Country Estates Phase Three subject to the developer complying with the exception noted by the County Engineer. The Court next considered approval of minutes from the following Commissioners Court meetings: a) Regular meetings conducted on November 6, November 13, November 20, and November 27, 2001. b) Special meeting conducted on November 9, 2001. c) Public Hearing conducted on November 13, 2001. d) Workshop session conducted on November 15, 2001. On motion by Commissioner Cauley, seconded by Commissioner • Thornton, the Court voted unanimously to approve the previously noted minutes. Vol 30 page ;.~3 0 Commissioners' Court meeting March 19, 2002 11 The Court next heard a presentation of the Comprehensive Annual Financial Report for the year ended September 30, 2001 by John Reynolds, County Auditor. Mr. Reynolds reported he would be filing the report with the appropriate offices after today's Commissioners Court meeting unless there is an objection by the Court. Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) He received a request from the Health Department for the amount of funds available in the Tobacco Settlement. He noted, it was his understanding that only the interest money would be utilized, plus any funds not utilized last fiscal year. The total settlement was calculated at $143,915 for this year. b) He received a document submitted for Commissioners Court approval from the College Station Medical Center confirming that the County's rate would not change. c) He received a letter from the Economic Development Corporation asking the Court to reappoint Lynn Stewart to the board beginning June 1, 2002 and ending May 31,2003. This will be on next week's agenda. d) There is a workshop scheduled today at 11:00 a.m. concerning the burial policy for Boonville Cemetery and the equipping of county vehicles; a workshop scheduled for Thursday, March 21, 2002 at 2:00 p.m at the College Station Conference Center regarding TIF #15; and a workshop scheduled for April 9, 2002 on long range planning for facilities. Vol ~D Page aa-`~ • Commissioners' Court meeting March 19, 2002 12 Commissioner Tony Jones made the following comment: a) He has been working with the two Municipalities concerning the new legislature on extraterritorial jurisdiction. The attorney has said if no agreement is reached by the deadline, the county should continue on as it is currently. The County Judge then continued his comments with the following: e) He will be out of state next week and asked Commissioner Cauley to conduct next week's Commissioners Court meeting. • There was no citizen input and/or concerns. At 10:24 a.m., the County Judge closed the Commissioners Court meeting to the public so that the Court could meet in Executive Session pursuant to Section 551.071 of the Texas Government Code to discuss with legal counsel pending litigation. At 10:25 a.m., the County Judge opened the meeting to the public. Commissioner Thornton made the motion for the deposit of $1,303,800 with the County Clerk in an interest bearing • account, awarded by Special Commissioners on March 8, 2002 in connection with case number 410-CC in Brazos County Court-At- Law No. 2, and that the Special Commissioners be paid $900 each for their services. Vol 30 page gas u Commissioners' Court meeting March 19, 2002 13 The motion was seconded by Commissioner Cauley. The County Judge and Commissioners Cauley, C.B. Jones and Thornton voted "Aye". Commissioner Tony Jones voted "Ney". Whereupon the County Judge announced the motion carried. There being no further business to come before the Court, the meeting was adjourned. Vol 3b Page ga(o u held March 19, 2002 have been examined and are approved in open Court this the 'Vt'~- day of S%A a s , 2002 in Bryan, Commissioners' Court meeting March 19, 2002 14 The foregoing minutes of the Commissioners Court meeting Brazos County, Texas. • Alvin W. Jones County Judge Tefiy J001;1 Commi stoner, Precinct 1 E /016. S. Thornton Commissioner, Precinct 2 r Carey Ca ley, Jr. Commissi ner, Precinc 4 Vol 30 C. B. Jon Commissio r, Precinct 3 K ren McQueen County Clerk Page aa-I 0 ,jfi- BRAZOS COUNTY COMMISSIONERS COURT rd MEETING ON A- /9 200? AT Lm 0< NAME ORGANIZATION/DEPARTMENT ' e5 - 6f~L 1=MN`s ale, ddc,~o 7 j (1~w 6/uamn 1 i 30 ~ • • U BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 200 ~ AT MAW.. 0R C;ANT7.ATTnW/DRPARTMFNT AV 6LY vn~e-a rg4 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2001-2002 BUDGET YEAR NO. 01/02-16.1 to 16.5 on this the 19th day of March 2002 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; C. B. Jones, Commissioner, Precinct 3; Carey Cauley, Jr., Commissioner, Precinct 4; Karen McQueen, County Clerk. The following proceedings were held: THAT WHEREAS, on March 19, 2002 the Court heard and approved a budget amendment for the 2001-2002 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 4, 2001 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 19th day of March 2002. THE COLMSSIONERSI COURT OF BRAZOS COUNTY, TEXAS. C.), By: e~~ Alvin W. Jones, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes a30 • • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 -16.1 3/19/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 280001 721570 Dr. Consulting Services $ 750.00 01 110015 611300 Cr. Contingency 750.00 Sheriff Administration To set u the budget as approved 3/5/02 to allow execution of the agreement between Brazos Coun and Charles A Debne . WES& W- 02 & 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 16.2 3/19/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 15 520001 614500 Dr. Miscellanesous $ 2,500.00 15 520001 611300 Cr. Contingency 2,500.00 Law Libra Fund To reclassify funds from Contingency to miscellaneaous to a for the store a containers for the law boo ks as recommended b R isk Management. ' r ~c• ...~a-S.~1Y ii S= f.~.n$ ~~..nn....((((•~ . qtr{" iY _ oA. N& T pyl. w. a x a 01 Ww x"4 'W';3. SWER I- a • • • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 -163 3/19/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 301011 808900 Dr. Vehicles $ 917.00 01 301011 659500 Cr. Vehicle Maintenance 917.00 Constable Precinct 1 To reclassify budget to allow the purchase of a security screen and heavy d u headlight flashers for the new vehicle purchased from Capital Improvements Fund. Also, to allow installation of lights, radio, cage and all other re quired accessaries new and used. ~sv'7'<$:ri7' s,~,n :i~`(- <; ~"t7+•, ~~^:.{-k-x•43 i~ a - idia'ti id ti r~ y ~~r aw`S 1ST"•` t t+9Tr•-i•-~.T r~6 400 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 -16A 3/19/2002 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 01 302011 808900 Dr. Vehicles $ 2,000.00 01 302011 659500 Cr. Vehicle Maintenance 2,000.00 Constable Precinct 2 To reclassi budget to urchase items for the new vehicle. ae~. ~ ~ ~ ►i tA,t .s.~+j:i'~ ' -v~ T:e.' 30_~~~ • t t BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 -16.5 3/19/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 180001 673420 Furniture - Minor $ 500.00 180001 612100 Court Costs $ 500.00 ,County Attorney To transfer funds to rovide budgetary resources to purchase a new chair. 0 PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: March 19, 2002 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED COUNTY JUDGE (training position) SECHELSKI, TRICIA L NEW HIRE DISTRICT ATTORNEY SECHELSKI, TRICIA L TRANSFER FROM CO. JUDGE TRAINING POSITION DISTRICT CLERK SHERIFF OFF - JAIL DIVISION TAX OFFICE HART, DEANNA KASPAR, NATALIE J TINSLEY, E. MARIE GIBSON, KELI K RICO, JEANETTE RESIGNATION NEW HIRE RESIGNATION PROMOTION PROMOTION Approved in Commissioners' Court: March 19. 2002 County Judge's or Commissioner's Signature: 6~ , (This copy to be attached to minutes) pas c285- PROCLAMATION WHEREAS, the week of March 17 to 23, 2002 is NATIONAL AGRICULTURE WEEK IN TEXAS, as proclaimed by Texas Agriculture Commissioner Susan Combs; and WHEREAS, agriculture is all around us - on farms and ranches, in chemistry, in communications, rural economics, international business and satellite and computer • technologies. Each and every Texan has a vital stake in agriculture; and WHEREAS, Texas' farmers and ranchers have made agriculture the second-largest industry, generating $80 billion for the state's economy annually; and WHEREAS, the Lone Star State leads the nation in number of farms and ranches, with almost 80 percent of the land involved in some form of agricultural production - including livestock, crops, aquaculture, horticulture and forestry; and WHEREAS, Texas agriculture produces large quantities of high quality food and fiber, and plays a major role in health and nutrition as well as in water conservation, rural economic development, global trade and the preservation of the environment; and WHEREAS, it is an industry that continues to meet the ever-increasing needs of consumers in Texas and around the world. NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County declares this National Agriculture Week in Brazos County; and BE IT FURTHER RESOLVED that the Commissioners Court urges everyone in our area to learn more about the role of agriculture here, share that knowledge with the young people in our area, and recognize the farmers, ranchers and their families who contribute so much to this county, this state, this nation and the world. • THEREFORE, IN OFFICIAL RECOGNITION WHEREOF, we do hereby affix our signatures this 19th day of March, 2002. / '-Alvin V: Jon&, County Judge ones, ' over, Precinct 1 C. B. Jones, 06nunissioner, Precinct 3 ;7 4~_Z- - . ~ S. Thornton,-Co *nt++t Q~+oner, Precinct 2 y C ey Jr., Commissioner, 4 %Y~ a 3 0 THE STATE OF TEXAS COUNTY OF BRAZOS ORDER FOR THE ESTABLLSE[MENr OF AN ECONOMIC DEVELOPMENT PROGRAM RECITALS: WHEREAS, the Commissioners Court of Brazos County (the "COUNTY") desires to stimulate business and commercial activity in the County by developing an economic incentive program; and WHEREAS, the COUNTY desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and WHEREAS, it is important to the COUNTY to attract and expand business, commercial and industrial enterprise in order to accomplish this purpose; and WHEREAS, the COUNTY wishes to develop and establish a plan for such economic development pursuant to Local Government Code §381.004. NOW, THEREFORE, BE IT RESOLVED, that Brazos County, Texas, acting by and through its duly elected Commissioners Court, does hereby establish and adopt a COUNTY program for economic development on the terms and conditions set forth herein. ARTICLE I Definitions 1.1 "Economic Development Guidelines" means those financial criteria used to determine qualification for receiving Incentive Funds as set forth in Article TV hereof. 1.2 "Incentive Funds" means those funds budgeted each year by the County Commissioners Court for economic development. 1.3 "Project Performance Standards" means individual performance terms and requirements established by agreement between the COUNTY and any EmployerBusiness to receive Incentive Funds. 1.4 "Program Projects" means individual uses of the Incentive Funds, or a portion thereof to provide incentives or assistance to BusinessedEmployers which results in the public purpose of economic development, diversification, expansion, and employment being served. 1.5 "Program Standards" means standards that an EmployerBusiness must meet in order to qualify for Incentive Funds as set out in Article II hereof ~ 3 a A a 3? 01-3061 Order For Ecariomlcpevelopmurt Program Page J of 6 • ARTICLE II Targeted Employers • 2.1 The following types of businesses may qualify for Incentive Funds under this program: (a) Biotechnology (b) Customer Support/Call Centers (c) Corporate headquarters operations (d) Distribution (e) Information Technology (f) Manufacturing (g) Recycling and products from recycled materials (h) Value added agriculture (i) Technology transfer/Research & Development 2.2 The following types of businesses will not qualify for incentive Funds: (a) Retail business (b) Business that would create product competition within the County, where the County is the primary sales target. ARTICLE III Program Standards • 3.1 The COUNTY shall appropriate and budget on an annual basis the Incentive Funds to develop and diversify the Brazos County economy, to eliminate unemployment or under-employment, and to expand the local economy, pursuant to the following Program Standards: 3.2 Program Standards. Incentive Funds for a Program Project may be given to a Business/Employer if such Business/Employer meets or exceeds the following standards: (a) is authorized to do business in the State of Texas; (b) is current and in good standing on all state, local and federal taxes, assessments and/or fees; (c) is not in bankruptcy; (d) is an Equal Employment Opportunity Employer with policies in place and practiced which prohibit discrimination in employment based on race, sex, age, national origin, creed, religion, or disability (unless based on bona fide 01-3061 Order For Eoonomlc Development Program Page 2 qf6 0 occupational reason or a reason exempted or approved by the Americans With Disabilities Act and the regulations promulgated thereunder); (e) agrees by written contact to meet performance criteria established by the COUNTY and in accordance with this Program and the Economic Development Guidelines set forth herein as to the establishment, expansion, or improvement of business operations in Brazos County, Texas and/or the employment of residents of the COUNTY. (f) complies with the current Economic Development Guidelines for financial assistance; (g) if the proposed Program Project does not meet the specific job retention/creation requirements set forth in (f) above, other positive effects on the local economy of the proposed Program Project may be taken into consideration in determining whether to pursue funding of a Program Project. These include: (i) the impact of the Program Project on economically disadvantaged individuals. An Economically Disadvantaged Individual is an individual who: (1) was unemployed for at least three months before. obtaining employment with the qualified business; (2) receives public assistance benefits, including welfare payments or food stamps, based on need and intended to alleviate poverty; (3) is an Economically Disadvantaged Individual, as defined by Section 4(8), Job Training Partnership Act (29 U.S.C. Section 1503(8)); (4) is an individual with handicaps, as defined by 29 U.S.C. Section 706(8); (5) is an inmate, as defined by Section 498.001 of the Government Code; (6) is entering the workplace after being confined in a facility operated by the institutional division of the Texas Department of Criminal Justice or under contract with the Texas Department of Criminal Justice; (7) has been released by the Texas Youth Commission and is on parole, if state law provides for such a person to be on parole; or 01-3061 Order For-Beowmle Development Program Page 3 of6 C. (8) meets the current low income or moderate income limits developed under Section 8, United States Rousing Act of 1937 (42 U.S.C. Section 14376, et seq.). (ii) the need for the product/service provided by the Business/Employer in the local area; (iii) the estimated multiplier effect on the local economy of the Program Project either due to the level of wages paid or the injection of outside funds into the local economy (i.e., tourism, capital expenditures, purchasing or materials from local businesses, etc.); and (iv) the creation of part-time positions, and/or C~ (v) capital expenditures which have a material and direct positive impact upon the local economy by providing the following benefits: 1. increases in the local tax base; 2. creation of ancillary jobs and/or jobs for Economically Disadvantaged Individuals; 3. attraction of other businesses; 4. creation of new sales tax revenues; 5. commercial development of new and existing areas; 6. defining, enhancing and/or redefining job skill level of locally available work force. ARTICLE IV Economic Development Guidelines 4.1 Different types of financial assistance are available to a qualified Business/Employer who meets the Program Standards premised upon the amount of capital to be invested in the County, the gross payroll to be paid by such Business/Employer, and a • commitment by the Business/Employer to maintain a presence in the County for a spec period of time. A qualified Business/Employer may qualify for tax abatement and/or financial assistance based upon the criteria set forth on Exhibit "A" attached hereto and made a part hereof for all purposes (herein the "Economic Development Guidelines"). Additional criteria have been established for qualification for tax abatement from the COUNTY pursuant to its Order Adopting Guidelines & Criteria for Tax Abatement, which is incorporated herein by reference and is to be considered part of the County's Economic Development Program established hereunder. 3U -9 01-3061 Order For PcowWq Dewebpment Program Page 4,of6 0 ARTICLE V Due Dffigence 5.1 Any Business/Employer who satisfies the Program Standards and Economic Guidelines must, prior to being considered eligible for Incentive Funds, provide the following information: (a) Business Plan. This plan shall include, but not be limited to, Project Summary, Company history, historical and proforma financial information and company principal revenues. (b) Economic and Fiscal Impact Analysis. This request may be waived if Incentive Funds sought by the Business/Employer is less than $25,000.00. (c) Health and Environmental Risk Assessment, if necessary. (d) Financial information demonstrating credit worthiness prepared by an unrelated individual or business qualified to prepare such analysis. (e) Contract description and documentation describing the business transaction for which Incentive Funds are sought. (fl Project Summary. This document shall outline major factors and impact, both positive and negative, on the County. ARTICLE VI Program Projects 6.1 COUNTY may enter into contracts with those qualified Businesses/Employers who meet the Guidelines and Standards. Those contracts will contain at a minimum the following: (i) Project Performance Standards applicable to the Business/Employer, and the Business/Employer's agreement to comply therewith pursuant to an established time-frame; (ii) a requirement for periodic documentation of the Business/Employer's compliance with the Project Performance Standards, and granting the COUNTY the right to inspect its operations and books to confirm the Business/Employer's compliance with the Project Performance Standards; (iii) a requirement for the repayment within sixty (60) days of demand of the funds appropriated to the Program Project by the COUNTY if the Business/Employer fails to meet the Project Performance Standards or otherwise is in material breach of its contract with the COUNTY, and giving the COUNTY the right to sue the Business/Employer to enforce the contact between the COUNTY and the Business/Employer, and to recover all attorney's fees and costs incurred in doing so; (iv) a requirement that the Business/Employer make draw requests for the funding from the COUNTY or its agent, which requests must show in detail how the money 01-306! Order For Eowpmlo DewJ*me dJWg,= Page 5 of 6 9,11, and/or property will be applied/used, or for what the reimbursement is sought, and which contain such documentation as is required by the COUNTY or its agent; and (v) a requirement that the Business/Employer comply with all applicable laws regarding the provision of equal employment opportunities. 6.2 All contracts for Program Projects must be in a form approved by the County Commissioners Court and its legal counsel. ARTICLE VII Incentive Approval 7.1 The County Commissioners Court shall review all Businesses/Employers seeking Incentive Funds. It shall have the authority and responsibility to review all due diligence submitted, determine qualification pursuant to the Program Standards and Guidelines set forth • herein and enter into contracts for Program Projects. 7.2 The County Commissioners Court may delegate such responsibility to another department of the County government, create a new department within County government to administer such program or hire a private corporation to provide the administrative responsibilities of this Development Program. 7.3 The County Commissioners Court may not delegate to any person, department or private corporation the right to accept or reject (i) any proposed expenditure of Incentive Funds as set forth herein or (ii) the Project Performance Standards for qualifying Businesses/Employers. BRAZOS COUNTY, TEXAS Alvin Jones, Cou udge Co issio ny Jones, Precinct 1 Commissioner . Jones, Precinct 3 Commissioner Bill Thornton, Precinct 2 mmissi er Carey Cauley Jr. recinct 4 as 01-3051 Order For Economic Devebpmo, Progmm Page 6of6 0 r.Al1 rr "A" PRIMARY COMMUNITY INCENTIVES TAX ABATEMENT The following will be used as Guidelines for tax abatement: YEAR CAPITAL INVESTMENT $2,000,000 to $4,000,000 or GROSS PAYROLL $250,00 0 to $1,000,000 CAPITAL INVESTMENT $4,000,001 to $8,000,000 or GROSS PAYROLL $1,00,001 to $2,500,000 CAPITAL INVESTMEDU $8,000,001 + or GROSS PAYROLL $2,500,001 + 1 70% 70% 70% 2 50% 60% 70% 3 30% 50'/0 60% 4 20% 40% 50% 5 10% 30% 40% 6 0% 20% 30% 7 0% 10'/0 20% 8 0% 0% 10% Requests for tax abatement will n= be made to either College Station Independent School District or Bryan Independent School District. PERFORMANCE-BASED FINANCIAL ASSISTANCE The following will be used as Guidelines for performance-based financial assistance: CAPITAL INVESTMENT CAPITAL INVESTMENT CAPITAL INVESTMENT $2,000,000 to $4,000,000 $4,000,001 W $8,000,000 $8,000,000 + ASSISTANCE or or or CATEGORY GROSSPAYROLL GROSSPAYROLL GROSS PAYROLL $250,000 to $1,000,000 $1,000,001 to $2,500,000 $2,500,001 + P ~ °@ $15,000 to $40,000 $40,001 to $65,000 $65,001 to negotiable 30- ~3. 110 • E U THE STATE OF TEXAS COUNTY OF BRAZOS AGREEMENT BETWEEN BRAZOS COUNTY AND THE BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION THIS AGREEMENT is made and entered into by and between BRAZOS COUNTY, TEXAS, (hereinafter referred to as "COUNTY"), a body corporate and politic under the laws of the State of Texas, and the BRYAN-COLLEGE STATION ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation (hereinafter referred to as "EDC"). RECITALS: WHEREAS, the Commissioners Court of the COUNTY desires to stimulate business and commercial activity in the County by developing an economic incentive program; and MFMMAS the COUNTY wishes to contract with EDC to provide or cause to be provided, certain economic development services in furtherance of the COUNTY's statutory goals pursuant to TEX LOC. GOV'T CODE ANN. §381.004, as amended, and to administer the COUNTY's program for local economic development (herein the County's Economic Development Program); and WHEREAS, the COUNTY desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and WHEREAS, it is important to the COUNTY to attract and expand business, commercial and industrial enterprise in order to accomplish this purpose; and WHEREAS, it is desirable, productive, and economical to work towards this goal through an agency with specific expertise in this field; and WHEREAS, the COUNTY desires to contract with the EDC for such business and industrial development services; and WHEREAS, the EDC is a countywide non-profit corporation whose purpose is to accomplish all the above stated objectives; and WHEREAS, the COUNTY has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. 0I-3061 Agreement 2_flnal 3 a T T Page I oft , 6--f. • NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth, the COUNTY and EDC agree as follows: ARTICLE I Qualifications of the EDC 1.1 The EDC represents that: (a) The EDC is a non-profit entity that is authorized to promote economic development in all or a portion of the Coumy; (b) The EDC is engaged in an on-going effort to attract new businesses to the County, to encourage the expansion of existing businesses in the County, or to retain existing businesses in the County, (c) The EDC shall cooperate with and use the services of the Texas Department of Economic Development. ARTICLE II Definitions 2.1 "Economic Development Guidelines" means those financial criteria used to determine qualification for receiving Incentive Funds as set out in Exhibit "A" attached hereto and made a part hereof for all purposes. 2.2 `Troject Performance Standards" means individual performance terms and requirements established by agreement between the COUNTY and any EmployerBusiness to receive Incentive Funds. 2.3 "Program Projects" means individual uses of the Incentive Funds, or a portion thereo4 to provide incentives or assistance to Businesses/Employers which results in the public purpose of economic development, diversification, expansion, and employment being served. 2.4 "Program Standards" means standards that an Employer/Business must meet in order to qualify for Incentive Funds as set out in Article 6.2 hereof. ARTICLE III Term 3.1 The term of this Agreement is for one (1) year, being effective as of April 1, 2002, and ending on September 30, 2002, (the "Present Term"), unless earlier terminated as provided herein. 3.2 Either party may terminate this Agreement on sixty (60) days prior written notice to the others. • 3.3 Upon receipt of any termination, the COUNTY agrees to continue authorizing funding for Program Projects which had been recommended by EDC and approved by the COUNTY prior to such termination as a part of a Program Project Agreement initiated under this Contract. ARTICLE IV Administration Services 4.1 EDC agrees to provide all administrative services necessary to administer the COUNTY's Economic Development Program pursuant to the Program Standards set forth in the COUNTY's Economic Development Program and set forth herein. 4.2 The administrative services to be provided include, but are not limited to: • (a) corresponding with and negotiating with potential or existing Business/Employers for Program Projects that will develop, diversify and/or expand the Brazos County economy, develop or expand transportation or commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. (b) establishing Project Performance Standards for each Program Project that are consistent with the Program Standards set out in the COUNTY's Economic Development Program and herein; (c) obtaining contracts with Businesses/Employers for Program Projects whereby the Business/Employer agrees to meet the Project Performance Standards, and which provide assurances that the Project Performance Standards will be met; and (d) compliance with all requirements of this Contract. 4.3 The EDC shall receive the sum of One Hundred Twenty-three Thousand Four • Hundred Seventy-six and No. 100 Dollars ($123,476.00) as compensation for the administrative services to be provided hereunder (herein the "Administration Funds"). COUNTY shall pay such sum on a monthly basis by paying the EDC one-sixth (116) of the total sum referenced above. ARTICLE V Incentive Funding 5.1 COUNTY has appropriated Three Hundred Thousand and No/100 Dollars ($300,000.00) for the purpose of capitalizing its Economic Development Program for the Present Term of this Agreement (herein the "Incentive Funds"). Said monies have been budgeted for the current fiscal year and are payable out of current revenues. Any monies not spent during the term 01-306! Agre¢ment 2Jiria! Page 3 0f8 IFOLmw, 0 of this Contract shall remain part of the Incentive Funds appropriation and shall be available in future contract years for use on Program Projects. 5.2 Payments of Incentive Funds shall be made to the qualifying Business/Employer as Program Projects are approved by the Commissioners Court. 5.3 The COUNTY Incentive Funds provided for in this Agreement shall be used only in accordance with the Program Standards and for Program Projects. ARTICLE VI Use of Incentive Funding 6.1 The Program administrated by the EDC hereunder consists of the use of the Incentive Funds to develop and diversify the Brazos County economy, to eliminate unemployment or under-employment, and to expand the local economy, pursuant to the Program Standards and Guidelines set forth in the COUNTY Economic Development Program and in this Contract. 6.2 Program Standards. The EDC shalt not recommend to the COUNTY that a Business/Employer receive Incentive Funds for a Program Project unless the Business/Employer meets or exceeds the following standards: (a) is authorized to do business in the State of Texas; (b) is current and in good standing on all state, local and federal taxes, assessments and/or fees; (c) is not in bankruptcy; (d) is an Equal Employment Opportunity Employer with policies in place and practiced which prohibit discrimination in employment based on race, sex, age, national origin, creed, religion, or disability (unless based on bona fide occupational reason or a reason exempted or approved by the Americans With Disabilities Act and the regulations promulgated thereunder); (e) agrees by written contact to meet performance criteria established by the COUNTY in accordance with these Program Standards (hereinafter "Project Performance Standards") as to the establishment, expansion, or improvement of business operations in Brazos County, Texas and/or the employment of residents of the COUNTY. (f) complies with the current Economic Development Guidelines for financial assistance; 01-3061 Agrament 1Jrrta! 17 Page 4 oft (g) if the proposed Program Project does not meet the specific job retention/creation requirements set forth in (f) above, other positive effects on the local economy of the proposed Program Project may be taken into consideration by the EDC in determining whether to pursue funding of a Program Project. These include: (i) the impact of the Program Project on economically disadvantaged individuals. An Economically Disadvantaged Individual is an individual who: (1) was unemployed for at least three months before obtaining employment with the qualified business; (2) receives public assistance benefits, including welfare payments or food stamps, based on need and intended to alleviate poverty; • (3) is an Economically Disadvantaged Individual, as defined by Section 4(8), Job Training Partnership Act (29 U.S.C. Section 1503(8)); (4) is an individual with handicaps, as defined by 29 U.S.C. Section 706(8); (5) is an inmate, as defined by Section 498.001 of the Government Code; (6) is entering the workplace after being confined in a facility operated by the institutional division of the Texas Department of Criminal Justice or under contract with the Texas Department of Criminal Justice; (7) has been released by the Texas Youth Commission and is on parole, if state law provides for such a person to be on parole; or (8) meets the current low income or moderate income limits developed • under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 14376, et seq.). (ii) the need for the product/service provided by the Business/Employer in the local area; (iii) the estimated multiplier effect on the local economy of the Program Project either due to the level of wages paid or the injection of outside funds into the local economy (i.e., tourism, capital expenditures, purchasing or materials from local businesses, etc.); and (iv) the creation of part-time positions, and/or 01-3061 Agreement 2Jfna1 Page S Oft C~ (v) capital expenditures which have a material and direct positive impact upon the local economy by providing the following benefits: 1. increases in the local tax base; 2. creation of ancillary jobs and/or jobs for Economically Disadvantaged Individuals; 3. attraction of other businesses; 4. creation of new sales tax revenues; 5. commercial development of new and existing areas; 6. defining, enhancing and/or redefining job skill level of locally available work force. If such considerations indicate that the benefit to the local economy meets or exceeds that which would be gained by the Business/Employer employing and/or retaining the number of employees required for the level of funding under subsection (e) above, the EDC may consider such business as qualifying and therefore recommend such Business/Employer to the COUNTY upon the approval of the Board of Directors by a 75% or more favorable vote (9 of 12). (h) all contracts for Program Projects must be in a form approved by the COUNTY and COUNTY's legal counsel. The contract must include, but is not limited to, provisions: (i) containing the Program Project Performance Standards applicable to the Business/Employer, and the Business/Employer's agreement to comply therewith in a set time. frame; (ii) requiring periodic documentation of the Business/Employer's compliance with the Project Performance Standards, and giving the EDC and the COUNTY the right to inspect its operations and books to confirm the Business/Employer's compliance with the Program Project Performance Standards; (iii) requiring the repayment within sixty (60) days of demand of the funds appropriated to the Program Project by the COUNTY if the Business/Employer fails to meet the Project Performance Standards or otherwise is in material breach of its contract with the COUNTY, and giving the COUNTY the right to sue the Business/Employer to enforce the contact between the COUNTY and the Business/Employer, and to recover all attorney's fees and costs incurred in doing so; (iv) requiring the Business/Employer to make draw requests for the funding from the COUNTY, which requests must show in detail how the money and/or property will be applied/used, or for what the reimbursement is sought, and which contain such documentation as is required by the COUNTY; and (v) requiring compliance with all applicable laws regarding the provision of equal employment opportunities. 01-3061 Agreement 2Jfna1 Pogo 6of8 • ARTICLE VII Board of Director Approval 7.1 No Program Project may be recommended to the COUNTY except upon a favorable vote of the EDC Board of Directors in accordance with its current bylaws and procedures. 7.2 Exceptions to Program Standards or the dollar limits in this section requires 75% (9 of 12) approval of the EDC Board of Directors. ARTICLE VIII Accounting • 8.1 Upon the request of the COUNTY, the EDC shall provide within 90 days after the close of the EDC's fiscal year, an audited financial accounting or an internal audit financial report of the EDC. ARTICLE I% Miscellaneous Terms 9.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. Notice to the County shall be sent to: Alvin W. Jones, County Judge Brazos County Courthouse 300 E. 2& Street, #114 Bryan, Texas 77803 Notice to the EDC shall be sent to: is President/CEO Bryan-College Station Economic Development Corporation 4001 East 29ffi Street, Suite 180 Bryan, Texas 77802 9.2 Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to Sustrate the object of this Agreement. 9.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or 01-3061 Agreement 2_final 3 Q J Page 7 of8 0 understandings regarding those areas. Any amendment of this Agreement must be in writing, and executed by a duly authorized representative of each party. 9.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 9.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture or partnership and that neither party shall have the authority to bind or incur liability to the other. Furthermore, the EDC shall not be an employee or agency of the COUNTY, but rather, is an independent contractor. 9.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. 9.7 Venue. The place of performance of this Contract is Bryan/College Station, Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Bryan/College Station, Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Bryan/College Station, Brazos County, Texas. Disputes under this Agreement will not be submitted to arbitration. 9.8 Entire Agreement and Binding Authority. This Contract supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Contract and is binding on the parties and their successors, agents and assigns. 9.9 Waiver. No waiver by either party of any provision of this Contract shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Contract the respective parties for which they sign. BRAZOS COUNTY, TEXAS B/CS ECONOMIC DEVELOPMENT CORPORATION By: Alvin ones, Coun udge By: (Jae "41 J or en, Chairman of the Board 01-306IAgmnvrl 2JJnal page 8of8 • 0MIB1T "A" PRIMARY COMMUNITY INCENTIVES TAX ABATEMENT • The following will be used as Guidelines for tax abatement: YEAR CAPITAL INVESTMENT $2,000,000 to $4,000,000 or GROSS PAYROLL $250,000 to $1,000,000 CAPITAL INVESTMENT $4,000,001 to $8,000,000 or GROSS PAYROLL $1,000,001 to $2,500,000 CAPITAL INVESTMENT $8,000,001 + or GROSS PAYROLL $2,500,001 + 1 70% 70% 70% 2 50% 60% 70% 3 30% 50% 60% 4 20% 40% 50% 5 10% 30% 40% 6 0% 20% 30% 7 0% 10% 20% 8 0% 0% 10% Requests for tax abatement will not be made to either College Station Independent School District or Bryan Independent School District. PERFORMANCE-BASED FINANCIAL ASSISTANCE C7 The following will be used as Guidelines for performance-based financial assistance: CAPITAL INVESTMENT CAPITAL INVESTMENT CAPITAL INVESTMENT $2,000,000 to $4,000,000 $4,000,001 to $8,000,000 $8,000,000 + ASSISTANCE or or or CATEGORY GROSSPAYROLL GROSSPAYROLL GROSS PAYROLL $250,000 to $1,000,000 $1,000,001 to $2,500,000 $2,500,001 + Performance Based $15,000 to $40,000 $40,001 to $65,000 $65,001 to negotiable 0 OFFICE OF `ItiE DISTRICT ATTORNEY V BILL TURNER • 300 E. 26111 STREET DfSWd Atha W SUITE 310 ~ QUEEN WALKER BRAZOS COUNTY VicrimAsSat m BRAZOS CouNTY, TExAs COURTHOUSE Coadrna BRYAN, TEXAS 77603 GIL SCHULTZ • OFF: 979 / 361-4320 STEVE MILLS MEMORANDUM FAX. 979 / 361-4368 /n►wsggMM To: County Judge Alvin W Jones Commissioner Tony Jones Commissioner Bill Thornton Commissioner Randy Sims Commissioner Carey Cauley From: Bill Turner Date: March 6, 2002 In Re: Gun Violence Prosecution Grant The US Department of Justice has awarded Brazos County a grant in the amount of $120,000 over three years to be used for an additional prosecutor to handle cases involving violent crimes committed with guns. We are requesting the Commissioners Court's acceptance of this grant. BT/km ~ (7 17't'-p Vj a--5:~Az ~ 3p L.5 3 *'..I U.S. Department of Justice Office of Justice Programs Office of the Assistant Attorney General waMmgtm Ar- 20531 February 22, 2002 Mr. William R. Turner Brazos County 300 Fast 26th Street, Suite 114 Bryan, TX 77803-5361 Dear Mr. Turnw.. I am pleased to inform you that the Office of Justice Programs has approved the application for finding under the Community Gun Violence Prosecution Program in the amount of $120,000 for Brains County. • Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and progammatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cashcn-hand. Should you not adhere to these requirements, you will be in violation of the terns of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact - Program Questions, Tracey Willis, Program Manager at 202-305-1766; and - Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at askoc@ojp.usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, l/Ga.4oa.~.~ Deborah J. Daniels Assistant Attorney General Enclosures 0 Please sign and date on the OOP Poem 4000/2 Ones Aligned pi-ease ail to, attn.- Control Desk Office of Justice Programs 810 Seventh Beset, NW Washington, DC 20531 FZ~ 2 5V 2 Co DstrlctF ,o~ae• 1~ Gfh:y U.S. Department of Justice Office of Justice Programs Office for Civil Rights Waildago,LAC 2053! February 22, 2002 Mr. William R. Turner - Brazos County 300 East 26th Street. Suite 114 Bryan, TX 77803-5361 Dear Mr. Turner. Congratulations on your recent award Because you have submitted Certified Assurances that your agency is • in compliance with applicable civil rights laws, this office has determined that you have 'met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. section 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities remving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 8136, Washington, D.C. 20531. Additional lnsbvcdons For Grantees Receiving $500,000 Or Mont 1. In accordance with Assurance No. 15, each grantee that receives $500,000 or more (or $1,000.000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address r 2. Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive ESOP, and retui it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Shat Form reduces paperwork and preparation time considerably and will ensue a quicker OCR review and approval. The Seven-Step Guide to the Design and Development of an EEOP will asdtst you in completing this requirement. The Seven-Step Guide and EEOP Short Form may be downloaded from OCR's home page on the Intemet (httpJ/www.ojp.usdoj.gavloer/). 3. Please be reminded that the above requirements apply to primary grantees and to each of their subgrantees or contractors that meet the criteria outlined In this letter. lberefore, all primary grantees should apprise subgrantees of these responsibilities and those meeting the criteria should send their EEOPs or EEOP • Short Forms directly to the Office for Civil Rights within 60 days of the date of their award. 'If you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJF) or the Office of Community Oriented Policing Services (COPS) within the past two years, or if you have certified that no EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your ESOP or certification is acceptable along with a cover letter that refererices the new grant award. 0 NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. Ibis Certification Form may also be downloaded from OCR's home page on the Internet PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EBOP IS A V101ATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Iaatntctions For Grantees Receiving $25,000 Or More, But Under $500,000: 4. Pursuant to Department of Instice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request (However, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable ESOP to OCR.) Please complete the applicable section of the Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must reuun applicable portion of Certification Form to OCR within 60 days. Additional Instructions For Grantees Receiving Under $25.000.- 5. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for All Grantees: 6. In addition, all recipients regardless of their type, the monetary amount awarded, or the number of employees in their wortforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or gimps alleging discrimination by a recipient of O1P funding; and may require all recipients, through selected compliance reviews, to submit dam to ensure their services are delivered in an equitable mariner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requkenaeats.2 If you have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: httpdAvww.ojp.usdoj.gov/ocr/. Sincerely, 7; - a. A&A--- Mtchael L Alston Acting Director, Office for Civil Rights cc: Grant Manager Financial Analyst 21he employment practices of certain Indian tribes are not coveted by Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e 30 otS(e Iva • U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washkp m AC 20531 Memorandum To: Official Grant File From: Carla Daniels, NEPA Coordinator Subject: Categorical Exclusion for Brazos County This program provides funding directly to chief prosecutors to hire assistant prosecutors who will focus their attention on the prosecution of cases involving violent crimes committed with guns and other violations of gun statutes involving drug trafficking and gang-related crimes in high firearm-related violence areas. None of the following activities will be conducted either under the OJP federal action or a related third party action: 1. New construction. 2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain. 3. A renovation which will change the basic prior use of a facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets OJVs criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase nor a segment of a project which when viewed in its entirety would not meet the criteria for a categorical exclusion. • 3 0 ~ el4511 40 U8. DEPARThIE'NT OFJUS ICE OFFICE OFJUS77CE PROGRAMS PAGE I OF 2 - Bureau of Justice Assistance Grant 1. RECIPIENT NAME AND ADDRESS (IecludloS Zip Code) 4. AWARD NUMBF]t: 2OM-GP-CX-0172 Bnsw Canty 300 Ban 266 Saeel. Sdro 114 S. PROJECT PERIOD FROM o"In= TO 07/!8/2005 Bryce. TX 77SM-SMI BUDGET PERIOD FROM 03/ umn To almr 005 6. AWARD DATE 02!l7= 7. ACTION IA. GRANTER IRS/VENDOR NO. 8 SUPPLEMMrTNUMBm Initial 746003433 9. PREVIOUS AWARD AMOUNT so 3. PROJECT 7ITIS 10. AMOUNT OFTIES AWARD $120,000 V• C G l P s P asa vzft ee w e= resm m sozz 11. TOTAL AWARD $ 120,000 IL SPBCL4LL CONDITIONS 7118 ABOVE GRAM' PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED I PAGES 13. STATUTORY AUTHORITY FOR GRANT This pmjou is -;I, -d coder Public Law 106.113,113 Stn 1501 (1999) 15 METHOD OF PAYMENT PAMS - AGENCYAPPROVAL CIRANTEB ACCEPTANCE 16. TYPED NAME AND TITLE OFAPPROVING CLIP OFFICIAL I8. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Deborah L Danids William R. Tama Azil a Amormy Geomal 17. SIGNATURE OF APPROVING OJP OFFICIAL uto--4~- 19. SIGNATURE OF AUTHOR®ItECIPIENT OFFXAL - 19A. DATE AGENC Y USE ONLY 20, ACCOUNTING CLASSIFICATION OODES 21. OP02UOM33 FISCAL FUND BUD. DIV. YEAR CODE ACT. OPC. REG. SUB. POMS AMOUNT X C GP 80 00 00 00 120000 w. ~ v.vn „nn~~r Vua~, rvlJ r1~~1V VJ f%111V1~J M8 VOJIA.CIL DIP FORM 4000x2 (REV. 4.88) 30 a2Sa • • • U.S. DEPARTMENr OF JUSnCE AWARD CONTINUATION OFFXE OFJUSnCF PROGRAM SHEET PAGE 2 OF 2 Bureau of Justice Grant Assistance PROJECP NUMBER 2002"-CX-0172 AWARD DATE 07/27/2002 SPECIAL COMMONS 1. The recipient agrees to comply with the financial and administrative requirements set forth m the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is requited to submit one pursuant to 28 CFR. Section 42302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Goventments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. The recipient agrees that funds awarded under this program will pay salary and fringe benefit costs for newly hued gun violence prosecutors only in accordance with the established compensation package for the Jurisdiction and the requirements of OMB Circular A-87. 5. The recipient agrees that salary and fringe benefit costs associated with each prosecutor funded under this award may be chargeable to the award only to the extent that such salary and fringe benefit costs do not exceed 80 percent of the salary and fcmge benefit casts of such prosecutor or $40,000, whichever amount is less. 6. The recipient agrees that prosecutors hired under this program will increase the number of full time prosecutors dedicated to the prosecution of £uearm-related violent crime, and that funds awarded under this program will not supplant state or local funds which would otherwise be available for prosecution purposes in the absence of federal funds. 7. The recipient agrees to track and report semi-annually, in a format to be provided by BJA, the nmmber of cases prosecuted as a result of this program, and to retain supporting documentation for review and audit. 8. The recipient agrees that the number of prosecutor positions created under this award be dedicated foremost to the prosecution of caves involving violent crimes committed with guns; violations of gm statutes involving drug trafficking and gang-related crimes; and other gun felonies. If during the period of the award there is an insufficient number of these cases to justify a full caseload for each position created under this award, the position(s) must be used for the prosecution of only other criminal offenses. The recipient must have the ability to demonstrate compliance with this condition through documentation. 01P FORM 40008 (REV. 4.88) 301 ~ f^ 0 US DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Bureau of Justice ° Grant t Assistance PROJECT NUMBER PAGE 1 OF 1 20021➢Pd9f-0172 Thb pojeet isrvpport°d undwPubEc IAw iD6113,113 Stu 1501(1999) 1. STAFF CONTACT (Name, address & telephone umber) 2. PROJECT DWXCI'OR (Name, add & mlepham number) Tray Willis Shane P. Phelps 202.305-1766 Asslmm Dimice Attorney 300East26dr Street, Suite 114 Bryao, TX 77803 - 5361 979.361-4320 3a. TTHS OF THE PROGRAM 3b. POMS CODE (SEE I4ST7tUCTION3 ON REVERSE) community Gun Via Eesass PsoaoCOtiaa Program OD 4. TTTIBOF PROJECT S. NAME & ADDRESS OF GRAN IEE 6. NAME & ADREAS OF SUBGRANM Brazos County 300 East 26th Sues, Salto 114 &wn, TX 778015361 7. PROGRAM PERIOD S. BUDGET PERIOD FROM: 0101a= TO, =28=05 FROM: 03AIn.002 TO: 02*Af OOS 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 120.000 02n2n 02 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 11TEM YEAR'S BUDGET PERIOD 14. THBtD YEAR'S BUDGET AMOUNT IS SUMMARY DESCRIPTION OF PROJECT (Soo inctroeaon on reverse) la its Conference Agreement on the Flaccid Yew 2001 Appeoptadms Act, Conyers appropriated $75 million for the Community Otto Violence P7osecadon I4ogan (GVP) Thh pr* tam, adds Grad through the Mona of las@ce Assistance (JA)6 will provide fa-&- dheedy p Chic! p *Mut n m him,•dlbnt prosecutors who will focus their atteotiao onto poeecalon of cases Involving violent etimca eomndged vijbgun and otbw violadms of gun saatea invohiag slag traff Halt, and gaogadated crimes in high fhee®s-rdaud violence Was. The goals a(GYP we (1) to alkute resaucrs directly to chief jouseeumrs across the coonay, in order for them to urlgp assistant pusewmn who we deceased to the pmsecatim of fmareardsted violent crime. O2) to impw4e the loeg-re:m ability of porecution agencies to mote folly address the issue of fireaua-related violent crime within thdr junsdieaom, and (3) a dear firearm-related violent crime thtaegh the swift cesalmy, of proweatico. Resources povided andcr this program aC inner I to assist jmisdirrioos in paying the salary and berrefm costs of hiring prmacatms who will be dedicated to prosecuting flrearo}rdaad violeoa matters for a 3year period. Jmudlcrlans with a popoladaa at or above 150AOD may apply far cap to 4 caw prosecutors; jurisdiedon under 150,000 may apply for 1 or 2. Jurisdictious will be required to certify a good faith effort to retain these pmseemost far a mhdmmn of I year beyond the conclusion of the gram Period- OJPFORM 40002 (REV. 4-811) • • o. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS PAGE I OF 2 Bureau of Justice Grant Assistance 1. RECIPIENT NAME AND ADDRESS (Iochudioa Zip Code) 4. AWARD NUMBER: 2002.OP-CX-0172 Beams Carry 300 Eau 266 Seat Suite 114 Bryan, TX 77800-5361 5. PROJECT PERIOD: FROM 03001/2002 TO 07!!82005 BUDGET PERIOD: FROM 03101/200¢ TO 01f=W5 6. AWARD DATE 02/JNJ002 7. ACTION IA. GRANTEE IRSA FENDOR NO. 8. SUPPLEM Wr NUMBER Initial 746003433 9. PREVIOUS AWARD AMOUNT $0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 120A00 Comm nn Gun Violeme Promotion P y mSmm I I. TOTAL AWARD S 120A00 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR (IMITATIONS AS ARE SET FORTH ON THE ATTACHED I PAGES. 13. STATUTORY AUTHORITY FOR GRANT This pto}ect is supported -d- Pudic Law 106.113,113 Stat 1501(1999) 15 METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL I8. TYPED NAME AND 1TI E OF AUTHORIZED GRANTEE OFFICIAL Deborah 1.Dmieb WiDmmR.Turw ; Alvin W. Jones Ann= Attorney General County Judge 17. SIGNATURE OF APPROVING OUP OFFICIAL 19. SIGNATURE OF AUTHORIMD RECIPIENT OFFICIAL 19A. DATE 11Gi.Gow~ 3//!/t's ACEENC Y USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. GP02O00093 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. PONS AMOUNT x C GP 8D 00 00 00 140000 wr rvrwa +u~nns tnc•. ro rJ rPLCVKM3 CV11 WIVJ AKh V ISSUJJ:I t. OJP FORM 400002 (REV. 4-81) -210 9 US DEPARTMENT OF JUSTICE AWARD CONTINUATION OFFICE OFJUSTICE PROGRAMS SHEET PAGE 2 of 2 0. Bureau of Justice Grant Assistance MOJECPNUMBFR 2OM-GP-CX-0172 AWARDDAiE 07/12/10111 SPECIAL CONDMONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42302). that is approved by the Office for Cavil Rights, is a violation of its Certified Assurances and may remit in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Goveaments, and Non-Profit Organistions, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. The recipient agrees that fends awarded under this program will pay salary and fringe benefit costs for newly hired gun violence prosecutors only in accordance with the established compensation package for the jurisdiction and the requirements of OMB Circular A-87. 5. The recipient agrees that salary and fringe benefit costs associated with each prosecutor funded under this award may be chargeable to the award only to the extent that such salary and fringe benefit costs do not exceed 80 percent of the salary and fringe benefit coats of such prosecutor or 340,000. whichever amount is less. 6. The recipient agrees that prosecutors hired under this program will increase the number of full time prosecutors dedicated to the prosecution of firearm-related violent crime, and that hinds awarded under this program will not supplant state or local finds which would otherwise be available for prosecution purposes in the absence of federal funds. 7. The recipient agrees to track and report semi-annually, in a format to be provided by BJA. the number of cues prosecuted as a result of this program, and to retain supporting documentation for review and audit. 8. The recipient agrees that the number of prosecutor positions created under this award be dedicated foremost to the prosecution of cases involving violent crimes committed with guns; violations of gun statutes involving drug trafficking and gang-related crimes; and other gun felonies. if during the period of the award them is an insufficient number of these cases to justify a hull caseload for each position created under this award, the position(s) must be used for the prosecution of only other Criminal offbnses. The recipient must have the ability to demonstrate compliance with this condition through documentation. 3 ; ^ a c~ VOL, • 11 • U.S.DEPARTMENT OF JUSTICE OFFICE OF JUsnCE PROGRAMS GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Bureau of Justice Grant Assistance PROJECT NUMBER PAGE 1 OF I 2002dIP17(-0172 This project is supported under Public raw 106113,113 Stu 1501(1999) 1. STAFF CONTACT (Name, address R telephone tmnber) 2. PROJECT DIRECTOR 04ame6 address k Wcpbom number) Tracey Wrlhs Sham P Phelps 202.345.1766 Assistant District Attcseoy 300 East 26th Street. Suite 114 Bryan, TX 77803 - 5361 979.361-4320 3m. TITLE OF THE PROGRAM 3b. POMS MODE (SEE INSTRUCTIONS ON REVERSE) Co®oaity Gas Violence Prosomdou Program 00 4. ITT LE OF PROJECT S. NAME d: ADDRESS OF GRANTEE 6. NAME d: ADRESS OP SUBGRANTEE Drum County 300 East 26th Street Suite 114 Bryan. TX 77803-5361 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 4310lr2002 TO. 02/28rSO45 FROM: 03MM2002 TO: 07!28/2005 9. AMOUNT OF AWARD 10 DATE OF AWARD S 120.000 0212712002 11. SECOND YEAR'S BUDGET 12. SECOND YEARS BUDGET AMOUNT 13. TH13LD YEAR'S BUDGET PERIOD 14. THIRD YEARS BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See immetim on reverse) In its Cooferema Agreement one the Fatal Year 2001 Appropriations Act Congress appropriated $75 million for do Ccamumuty Gun Violence Proaowdoo Program (GVPI. This p ozmrh Wmimuaed through the Bureau of Jmtlee Assia mm (BJA), will provide dmdimg directly to chief prose mm to bite assistant prmawtms who will faces their wUntiom on the prosvsudou of tame; Involving violin crimes eommtltaed wAh germ and other vblatlerts of gun sramtes involving dng trafficking and garwrelam d mums in high f4eumr4elakd vwk=e areas. The goals of GVP are (2) to allonu resources directly to chdd prosecmom across the country in order for them to assign assistant praaewtort who are dedicated to the promotion d ruaw wrelamd violwt acme, (2) toimprove the bng-te m ab0ity of prorxution agencies to mere fully address the issue of fume-related Holum erime within then judsdkdoat and (3) L odder finean o-relsted violent erime through the swift eenalmy of proaecotom. Rwoutm provided coder this prmv m are intended to assistjmirdKtkas in paying the salary nod bmdts costs of hiring prosecutors who wdl be dodkated to promamug fineumtmlased violmo a matters for a 3-year period. Jurisdictions with a population at at above 150A00 wry apply for up to 4 oew prosecutors: jurisdictlou under I50n00o may apply for 1 at 2. Jmitdietiom wr4 be required to ratify a good faith effort to retain time pnoaamum for a m&emom of I year beyond the conclusion of the gtamt Paaod OJP FORM 400012 (REV. 448) 3o Dta3 U.S. Department of Justice H rkinatan. AC 2030 NOTICE Last fall, both the President and the Attorney General announced the goal of reducing hate /O"'~ crime. Current statutory reporting requirements categorize hate crimes as offenses motivated by a bias against a person's race, religion, sexual orientation, disability, ethnicity, or national origin. Bias-motivated crime is devastating not only because of its impact on victims but also because of its polarizing effect on communities. Anecdotal and statistical evidence suggests that hate crime is under-reported, leading to difficulties in understanding and combating the problem. The Attorney General encourages all recipients of funding through the Community Oriented Policing Services office and the Office of justice Programs or its offices or bureaus, to take measures to improve hate crime reporting in their jurisdiction(s). Improved reporting must be in place to determine which bias-motivated crimes are increasing or decreasing in number. Law enforcement agencies that improve their hate crime data collection can better gauge the nature of the problem and the effects of prevention efforts. Since the-Hate Crime'Statistics Act of 1990 (28 USC 534) was implemented, the FBI has served as the central repository of bias-motivated crime data. The Act encourages city, county, and state law enforcement agencies to report to the Uniform Crime Reporting (UCR) program. Individual agencies or state UCR programs using'pedonal computers for data collection and storage may submit bias-motivated crime data in hard copy form or on floppy disks. Agencies participating in the National In cident-Based Reporting System (NIBRS) are able to include the hate crime data element in their-regular submission of data to the FBI without any additional processing burden. BY working together to improve hate crime reporting, we can accomplish the goal of protecting our communities against this especially corrosive type of crime. It is as the President stated during the White House Conference on Hate Crime last fall: Our families and country can thrive only if they are free from the fear of crime and violence, and we have to do everything we can to ive the that se&ur". If you have any questions, or would like more information, please feel free to contact Dr. James Nolan of,the FBI's Criminal Justice Information Service (C)IS) at 304/625-3600. • Payment Methods • • There are two methods available for grantees to request their funds: LOCES and (2) PAPRS. Regardless of the method grantees use to request their funds, all funds will be distributed through the US Treasury electronically and directly deposited within 48 hours into, the grantee's bank account. , LOGES is the Letter of Credit Electronic Certification System_ The LOCES is a modem connection service that atlows'recipients of Federal funds to electronically request payment from the Office of Justice Programs and receive those funds through a direct deposit to their bank account. To utilize this system,.a grantee must have a personal computer with a dedicated modem.. The grantee is required to'complete a software inventory that results in customized software which allows the grantee to utilize this OJP system PAPRS is the Phone-Activated Paperless Request System; PAPRS replaces the paper Fotm H-3 (Request for Reimbursement) by enabling grantees to use their touch tone telephone to request funds and can be accessed by dialing 1-800-874-4513. The system provides on-tine information to grantees about the status of their requests and will automatically schedule approved payment requests' for US Treasury disbursement. Tor information about LOCES or PAPRS, please call: OC Customer Service Center - 1-800458-0786 • ' ; kevised July 2d, 1999 V. `.DEPARTMENT OF JUSTICE - t b= orrice of Justice Pro&rams s CATEGORICAL ASSISTANCE PROGRESS REPORT The information provided will be used by the grantor agency to monifor grantee cash (low to ensure proper use of Federal funds. No fuither monies or other benefits may be paid out under this program unless this report is completed and riled as required by existing law and regulations (Uniform Administrative Requirements for Grants and Cooperative Agreements - 28 CFR, Part 66, Common Rule, and OMB Circular A-110). GRANTEE _ Z. AGENCV'GRAHT NUMBER Z "REPORT NO. IMPLEMENTING SUBGRAHTE£ S. REPORTING PERIOD ►Orrra► , FROM: TO: SHORT TITLE OF PROJECT 1•.GRANT AMOUNT B. TYPE OF REPORT REGULAR C SPECIAL _ FINAL REPORT REQUEST NAME AND TITLE OF PROJECT DIRECTOR 10. SIGNATURE OF, PROJECT DIRECTOR t% DATE OF REPORT. • COMMENCE REPORT HERE ICentinrt on VI& O&Per► 11 13. CERTIFICATION BY GRANTEE (OHltir/fignetyiel 1~. CATE • FirJAMCIAL STATUS REPORT (Snort Fnt„7j fFollow;nsoucrions on fhe back! u • Revious Edaknt not Usable 1. Federal Agency and OrganE:ational Element 2. Federal Grant or Other Idenl.rlinp Nvrnber Assigned OMS Approval Pete of to which Report It Su-mitted By Federal Agency flo. U.S. Dept. of Justice 03,8.0039 office of Justice Prv;:i_s Feces 3. Rr_p:err.OrQa ation (tame and complete address, 141udkv2 ZIP eodel Emploler tderdifieatknHumber S. Recipient Account ?lumber or Identifying f?imber 6. Final P.epon 7. Basis' ❑ Yes 0 No ❑ Cash ❑ Accrual S. Fundin;!Grant PeriodfSce Ina ervcfionsl 9. Period Covered by this Report Fro?.-IlAontR Day. Year) To: (Month. Day, Year) From: thionth, Day, Year) To: Wonth, Day. Year) 10_ Transactions: 1 Previous) II III Reported TALI Cumulative period ' it. Total cutfays b. Recipicnt share of evtlays C. Federal share of eutlals d. Total un6YVidatcd obli; anons . ;:~j'-" a, ` w's;bikio.'iw».:n . ter.:.►".'-Sy ~:t~~•,<". a.Recipientshare of unLaui.atedobt;at:ons ~L, ySVwa,? riaRci;r d~ „s• :y~ •~•i.F+c Y _ ' %>~)✓'~.l+i'JYNF ~r74~ Ya~~.' ♦^IfA1•r+.. :.~+1'~~~ f. Federa! share of un!:q._.dated obr2a:ions •;~'~'~-•'°'5'rri'~~d-•tt"~+;"-' <"`'Z`'ge A., I _ . :CG S Y.. X' q. Total feeeral tha•e (Sum of ones c an., M.-NOf- h- Total Federal funds arrhorired for this fund?. Q period L Jaa1.N;aled batan:e of Federal funds (line h minus Fix Q 'sd i r` ~ • V ..:r'?ymar,r~~= fY•r, +ry ~ . .~E:;i; r~4Lwt """,vSC «Q Ga ~..lr-r~-F~.+~> ~i'1 ~=~e~•°''r~•.~i+Wi a. T)pe of Rate(ptece 'X' In e;propriete boa) Indirect 11 ❑ Provisional ❑ Prede termined. 0 Final 0 Fired . Expense b. Rate C. Base d. Total Amount 1 e. Federal Share 12. Atnwits: eruch any, eaplenetions Ceemedncceslary or informer:on required by FeCeral sponsoring agency in eomp4nco th rovern:np kgiskliorr~ PROGRAM INCOME, '-A. BloekfFomsuls pastthrough t C. Forfeit S E. Expended t B- Federal Funds Subgrsnted t 0. Other t F. Unekpended t 13. Cert7rcarion: I certify to the best of my knowledge and befief that this report is correct and complete and that all otntays and unliquideted obr.gelions are for the purposes set forth in the evvard documents. Typed or (stinted Name and Title Telephone (Ares code, number and eir ension) Vcnature of Authorized Certifying Official Date Report Submitted Standard Form 265A KV 4•06) Pteceribed by Ot.18 Circulars A-102 and A•110 ORIGINAL: ACCOUNTING COPY r~ LJ J FINANCIAL STATUS REPORT SCHEDULE FIRST QUARTER 1/1/-3/31 DUE BEFORE 5/15 SECOND QUARTER 4/1 -6/30 DUE BEFORE 8/15 THIRD QUARTER 7/1-9/30 DUE BEFORE 11/15 FOURTH QUARTER 10/1-12/31 DUE BEFORE 2/15 FAX NUMBERS COPS GRANTS BLOCK/OJP GRANTS 202-616-9004 202-616-5962 • I S. Department of justice office of Justice Programs - office of the Comptroller Custorne'rService Center • Making -the pll~ A..s s is is grant rec' Tents • in financial ~ uestron~s . resolving q Monday throudi Friday 9:00 -am 6:00 pm EST 500-458-0786 TDD (for Hearing Impaired) 202-616-3867. g flo+r wPlicitn a~frr~c www.nin usdoi onvtor- • U.S. Department of Justice t►r ;,+praR, ac 2MV f NOTICE Advice to grantees concerning the expenditure of federal funds for information systems rIff'ective crime-fighting efforts require cooperaition• amtng the.components of the criminal justice system: law enforcement, courts, prosecutors, public defenders, coritctions officers, and probation and parole officers. One way to foster cooperation is to enable the components to share criminal justice information across local, state and federal information systems: The Community Oriented Policing Services office (COPS), the Office of Justice Programs (OJP) and its five bureaus the National Institute of Justice, the Bureau of Justice Statistics, the Bureau of Justice Assistance, the Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime assist state and local governments through grant programs designed to foster partnerships among law enforcement and criminal justice agencies nationwide. As part of their crime-fighting missions, COPS and OR and its bureaus recognize the need to assist state and local governments in developing capabilities for sharing criminal justice information. As law enforcement and crmunal justice agencies integrate information architectures, it is important to consider existing information-sharing standards: In support of this goal the Attorney Feneral encourages state and local jurisdictions and law enforcement, and criminal justice agencies that receive federal funds to implement information systems that are compatible with the National Incident-Based Reporting System (NIIiRS), the National Crime Information Center (NCIC-2000), the National Instant Criminal Background Check System (NICS), and the Interstate Automated Fingerprint Identification System (IAFIS). These systems have been developed with the guidance of the FBI Criminal Justice Information Services (CJIS) Advisory Policy Board, and they provide the latest generation of crime reporting, including hate crime, and access to on-line warrants and criminal history records. Many major grant programs authorize equipment purchases, generally including hardware and software. Such programs include the Local Law Enforcement Block Grants (LLEBG), 0Ljo._ , 70 the Byrne Formula Grant Program, the Byrne Discretionary Gratit Prbr=,"the National' Criminal History Improvement Program WHIP), and the State Identification Systems- Grant Program (SIS).. The COPS Technology Program can also be used to implement information and records management systems. As a recipient of funding through COPS,or OR or one of its bureaus, you should be aware that additional information about OR grant programs is available at OJP's Internet site: http://www.ojp.usdoj.gov/. - Your agency's current assistance from OR may or may not include expenditures for information or records management systems. If you have scheduled such expenditure's, for greater Inter-operability we urge you to meet FBI standards contained in the criminal justice information systems previously mentioned (NIBRS, NCIC-2000, NICS, and t IAFIS). Examples are police records management systems, integrated. law enforcement. systems, 'court reOrds systems, automated fingerprint identification systems, data' communication networks, custom computer software for law enforcement officers, firearms background check systems, sec offender registries, and protection order registries. The attachment explains where your agency can obtain copies of the standards applicable to these systems. When preparing your applications for federal funding during 1998, even for grants frorh federal departments other than the Department of Justice, you are urged to seek funding for information system architectures that take into account existing FBI standards. For example, local law enforcement agencies may be eligible for reimbursement of expenses associated with the use, development, and support of information technology to reduce 'drug-related crime in public and Indian housing under the Housing and Urban Development program 14.854, Public and Indian Housing Drug Elimination Program. For additional information you can checl~ OJP's Internet site, get a printed copy of our publications OJP Fiscal Year 1998 Program Plans and OJP Fiscal Year 1998 At -A- Glance (both also available electronically on our *Web site), check the Catalog of Federal.. Domestic Assistance (www.gsa.g6v/fdac/) or contact your grant monitor. U L 3a P & 2 9 , A'TTACHM' NT ' The requirements for compatibility with NIBRS are described in" thrOlowing manuals available on the Internet at http://www.fbkgov/publish/nibrstnibrs htm: Uniform Crime Reporting: Natfonallncfdent--Bdsed ReportingSystem Volume 1-Data Collection Guidelines Volume Z-Data Submissfgri Specifications Volume 4-Error Message Manual To obtain a printed copy of these documents; call the FBI toll free at 1-88S-UCR=NIBR:- Information on NC102000 and related systems can be found on the FBI Internet•site at http://www.fbi.gov/2000/2000newl.btm. Nine newsletters descAe NCIC 2000 and it's r ~ activities. When the agencies bavc met the state's standards, access to NCIC systems will be provided to local agencies through their respective state. To obtain the standards for your state, contact the state agency where the standards reside. Please contact the FBI's Systems Transition Unit at (304) 625-2730 for more information on accessing NCIC systems. The Systems Transition Unit is also•the point of contact for all IAFIS questions.. A list of F$I Certified Products-that support the IAFIS standards is available on the Internet at http://www.fbi.gov/iafis/Cert.bim, or call Mary Lou Mobley at (202) 324-1895 or Tom Hopper at (202) 324-3506. Information about Department of Justice funding assistance that can potentially be used for information systems is also available on the Internet at http:/Iwww.6jp.usdoj.gov/ (Click on "Publications" and then "Guidelines, Solicitations and Application Kits") and at http://wwvy riWoj.gov/cops (click on "Grants For more information, call the Department of Justice Response Center at 1-800-421-6770. Within the Washington, D-C. area, chll (202) 307-1480. • KAY HANIILTON County Treasurer Brazos County Courthouse 300 E. 26th, Suite 313 Bryan, Texas 77803 (979) 361-4310 MEMORANDUM DATE: March 14, 2002 TO: Alvin Jones, County Judge Tony Jones, Commissioner Pct, I William Thornton, Commissioner Pet. 2 C. B. Jones, Commissioner Pet. 3 Carey Cauley, Co ione r Pct. 4 FROM: er llj~ o , razor ttIIly Treasurer RE: Request for Commissioners Court to authorize Wells Fargo to disburse the balance • on deposit in the Escrow Fund In November of 2001, Commissioners Court entered into a lease-purchase agreement with Wells Fargo for the purpose of purchasing thirteen (13) vehicles. The fmds involved, $497,900.00, were placed into an escrow account under the terms of the attached escrow agreement As a part of this agreement, (item # 4) any monies held in the Escrow Fund shall be promptly invested and reinvested by the Lessor (Wells Fargo), subject to Lessee's (Brazos County) approval, in any security or deposit account authorized by law.... Unless otherwise agreed upon by Lessee and Lessor, the Escrow Fund will be held in a Wells Fargo Funds Government Money Market Fund at Wells Fargo Brokerage Services, LLC, and it will earn interest at the daily rate established by Wells Fargo Funds. " Although I am the County's designated investment officer, I was not included in the decision to invest these County's finds in a money market account (money market accounts are not acceptable investments under the Brazos County Investment Policy), and I only became aware of the investment after investigating an interest payment that the County received from Wells Fargo. The escrow agreement further states that "The Lessor shall disburse funds f om the Escrow Fund upon receipt of a written request from the Lessee, approved by the Lessor, setting forth " specific conditions (see item #5). At this time, the payments for twelve (12) of the thirteen (13) vehicles received have been made by Brazos County from County funds rather than by Well Fargo from the escrow account I feel that it would be in the best interest of Brazos County to resolve this situation by closing the escrow account as expeditiously as possible. The County should receive the final vehicle the week of March 11, • 2002- After making the payment for that vehicle, the Brazos County Purchasing Department will present the required documents to Wells Fargo with the "Payment Request Form" requesting reimbursement of county funds from the escrow account According to the agreement (item # 6), "Upon making the disbursements as provided in Paragraph S of this Escrow Deposit Agreement the Lessor shall pay to the Lessee any balance on deposit in the Escrow Fund. " To initiate the payment of the balance on deposit following the disbursement of funds for the vehicles purchased, I am requesting that Commissioners Court authorize Wells Fargo to refund the balance in the Escrow Fund to the Brazos County Treasurer's Office. The "Request for Balance on Deposit Form" is attached. Cc: Pat Howard . John 311 0-~2- 1.10 0 Wells Fargo Brokerage Services, LLC M 1740 Broadway, MAC C7322-026 Denver, Colorado 80274 WWhfarpo8rokeragaServlc4;LL[ 1-800-444 1823 Ext. 6409 ESCROW AGREEMENT THIS ESCROW AGREEMENT, dated as of November 1, 2001, by and between Brazos County, a political subdivision duly created and existing under the laws of the State of Texas (the "Lessee"), and Wells Fargo Brokerage Services, LLC (WFBS), with its principal office, domicile and post office address located in Minneapolis, Minnesota, (the "Lessor"). WHEREAS, the Lessee and Lessor have entered into a Governmental Leasa-Purchase Master Agreement dated as of November 1, 2001 and Supplement dated November 1, 2001 (the "Leas6"r and WHEREAS, the Lessor will provide in advance of the acquisition of the Property, the sum of $497,900.00, to be available in periodic draws for the payment of the costs of the acquisition of Vehicles and Equipment (the Vehicles and EquipmenfT, and WHEREAS, the Lessor and the Lessee now desire to provide for the safekeeping and investment of such monies advanced by the Lessor pending disbursement for acquisition of the Vehicles and Equipment and for the procedures in disbursing such monies for the acquisition of the Vehicles and Equipment; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein set fords, the parties hereto agree as follows: 1. The Escrow Agent hereby acknowledges receipt of true and correct copies of the Lease and reference herein to or citation herein of any provision of said documents shall be deemed to incorporate the same as a part hereof in the same manner and with the same effect as if they were fully set forth herein. 2. There is hereby created and established with the Lessor an irrevocable escrow fund designated for Brazos County (the "Escrow Fund") to be held in the custody of the Lessor separate and apart from other funds of the Lessor or the Lessee. 3. The Lessor, as of November _L' 2001 deposits into the Escrow Fund the sum of $497,900.00, representing the unexpended principal amount of the obligation of the Lessee under the Lease less any payments made to vendors on the date of funding. 4. Any monies held in the Escrow Fund shall be promptly invested and reinvested by the Lessor, subject to Lessee's approval, in any security or deposit account authorized by law. No investment shall be made in a security maturing later than the date on which the Lessee reasonably anticipates needing such funds for the payment of the costs of the Vehicles and Equipment The Lessee shall notify the Lessor as to the dates on which funds are needed for disbursement and the estimated amount of each such disbursement and the Lessor may rely upon this information in connection with all investment or reinvestment of funds. All interest earnings from such investment shall be remitted to the Lessee periodically, as mutually agreed upon by the Lessee and the Lessor. Unless otherwise agreed upon by Lessee and Lessor, the Escrow Fund will be held in a Wells Fargo Funds Government Money Market Fund at Wells Fargo Brokerage Services, LLC, and it will earn interest at the daily rate established -by Wells Fargo Funds. 5. The Lessor shall disburse funds from the Escrow Fund upon receipt of a written request from the Lessee, approved by the Lessor, setting forth the following. (1) the amount to be disbursed, (2) the address to goy pro . X7 4. r~ U which such funds are to be forwarded, (3) a brief description of the purpose of the payment, and (4) a statement that the amounts being paid pursuant to that disbursement were not subject to a previous draw. The request shall contain as attachments the following: (1) bills, receipts, invoices, or other documents acceptable to the Lessor evidencing the amount and purposes for which the disbursement is requested and (2) a certificate of the Lessee to the effect that the amounts requested to be disbursed were properly incurred in connection with the acquisition of the Vehicles and Equipment and were not the subject of any previous request for disbursement. The Lessee agrees to submit to the Lessor the above-mentioned attachments in form and substance satisfactory to the Lessor and such other documents and certificates as the Lessor may reasonably request to evidence the proper expenditure of the monies in the Escrow Fund for the purposes of acquiring the Vehicles and Equipment. The Lessor has no duty to ascertain the correctness of any documents submitted in connection with any direction to disburse funds. 6. Upon making the disbursements as provided in Paragraph 5 of this Escrow Deposit Agreement the Lessor shall pay to the Lessee any balance on deposit in the Escrow Fund. 7. In the event that an Event of Default occurs under the Lease the Lessor shall forthwith disburse all monies on deposit in the Escrow Fund to the Lessor. The Lessee agrees that in the event such transfer to the Lessor is to be made, it shall pay immediately and directly to the Lessor an amount equal to (a) the aggregate of all • disbursements previously made under the Agreement, (b) interest on $497,900.00 from the date that such amount was deposited pursuant to this Agreement until the date of payment by the Lessee at the rate of 3.799% per annum and (c) all expenses, legal fees and other costs incurred by the Lessor in connection with the establishment and enforcement of the escrow established pursuant to this Agreement and in connection with the Lease. It is the intention of the parties that the Lessee shall indemnify and hold harmless the Lessor for all costs incurred in connection with the Lease and this Agreement. 8. This Agreement may be modified or amended only with the written consent of all parties hereto. 9. In the event of the Lessor's failure to account for any of the funds received by it, said funds shall be and remain the property of the Lessee in trust for the purposes set forth in this Agreement, and if for any reason such funds shall be impressed with a trust for the amount thereof and the Lessee shall be entitled to a preferred claim upon such assets until such identification is made. 10. This Agreement shall terminate when all transfers required to be made with respect to the Escrow Fund by the Lessor under the provisions hereof shall have been made. It. If any one or more of the covenants or agreements provided in this Agreement on the part of the Lessor or the Lessee, to be performed shall be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shalt be deemed and construed to be severable from the remaining covenants and • agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. 12. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shalt constitute and be but one and the same instrument. 13. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement as of the 1-4t day of N ovEme Eat , 2001. 2 is [SIGNATURE PAGE TO ESCROW AGREEMENT] BRAZOS COUNTY; BRYAN, TEXAS AS LESSEE By. Its: County Judge WELS F GO BROKERAGE SERVICES, LLC AS S AGENT/LES 113r! Its: Vice President An mvestmeart in Wells Fargo money market funds (the Funds) is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Although the Funds seek to preserve the value of your investment at $1.00 per share, it is possible to lose money by investing in the Funds. Wells Fargo Funds Management, LLC, a wholly-owned subsidiary of Wells Fargo & Company, provides investment advisory and administrative services for the Wells Fargo Funds. Other affiliates of Wells Fargo & Company provide sub-advisory and other services for the Funds. The Funds are distributed by Stephens Inc., Member NYSE/SIPC. Wells Fargo & Company and its affiliates are not affiliated with Stephens inc. For more complete information about the Wells Fargo money market funds, including fees and expenses that apply to a continued investment in the Funds, obtain a current prospectus by contacting your Institutional Brokerage & Sales representative. Please read the prospectus carefully before investing. Institutional Brokerage & Sales includes departments of Wells Fargo Brokerage Services, LLC, (member NASD/SIPC/Chicago Stock Exchange) and Wells Fargo Bank, N.A., brokerage and bank affiliates of Wells Fargo & Company *OL 0 97 (p • REQUEST FOR BALANCE ON DEPOSIT FORM The Lessor is hereby requested to pay from the Escrow Fund, established as of November 1, 2001, by Wells Fargo Brokerage Services, LLC ("Lessor") to the Brazos County Treasurer, the sum set forth below which reflects the balance of funds in the Escrow Account. The amohnt is due and payable upon making the disbursements as provided in Paragraph 5 of the Escrow Deposit Agreement. PAYEE: AMOUNT: $ • LEASE NO. 1369-001 DESCRIPTION OF ITEM: Balance on deposit in escrow account following the final disbursement in payment of the property DATED: • LESSEE: BRAZOS COUNTY BRYAN TEXAS BY: cd-L~ ' Alvin 'W. Jones Brazos County Judge Wire Instructions for Payee Bank Name Acct # Acct Name ABA/Routing # =mate u AMENDMENT NUMBER FIVE TO THE BRAZOS COUNTY EMPLOYEE BENEFIT PLAN STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned, a Notary Public in and for said stale and county, personally came and appeared Brazos County, represented by Alvin W. Jones, County Judge, who declared that the Brazos County Employee Benefit Plan, previously established, is hereby amended as follows: ARTICLE II, DEFINITIONS, is hereby amended to update the definition of EJpERRd1ggTAL, EDUCATIONAL, INVESTIGATIONAL OR RESEARCH SERVICES OR PROCEDURES. EXPERIN[ENTAL OR INVESTIGATIONAL TREATMENT The term "Experimental, Educational, Investigational or Research Services or Procedures" means any medical or surgical treatment or procedure, or any facility, drug, drug usage, equipment or supply that is determined by the Plan to be educational, experimental, investigational or done for research will not be covered under Medical Coverage. This provision applies unless otherwise specifically stated elsewhere in this Plan. The Plan has final discretionary authority to determine whether a treatment, procedure, facility, drug, drug usage, equipment or supply is educational, experimental, investigational or done for research. The Plan may use consultant services, peer review or other sources to assist in making that determination. The Plan will not make medical or treatment decisions for the Covered Person. The right to make these decisions remains at all times with the Covered Person. The Plan's determination as to the educational, experimental, investigational or research nature of a service or procedure will not constitute a medical or treatment decision. A treatment, procedure, service, device or drug (treatment) will be considered to be experimental or investigational if. 1. The treatment has not been approved by the US Food and Drug Administration at the time the treatment is provided; 2. The treatment is the subject of on-going Phase 1, 11, or III clinical trials or under study to determine its maxdmura tolerated dose, its safety, its efficacy, or its toxacity as compared with the standard means of treatmen t or diagnosis; 3. The treatment is governed by a written protocol that references determinations of safety, tmdcdy and/or efficacy in comparison to conventional alternatives and/or has been approved or is subject to the approval by an Institutional Review Board (IRB) or the appropriate committee of the provider institution; 4. The tr+eannent is being provided subject to the Covered Person's execution of an informed consent that references determinations of safety, toxicity or efficacy in comparison to conventional alternatives; (Amendment Five) Page 1 5. The predominant opinion of experts as expressed in published peer reviewed literature is that further research is necessary in order to determine safety, toxicity or efficacy in comparison to conventional alternatives. The Employer must be notified if there is any question regarding the possibility of whether treatment is experimental or investigational. TRANSPLANT FACILITY The term "Transplant Facility" mean an approved Transplant Facility as defined by the American Hospital Association or as approved by the Plan in writing. ELIGIBLE MEDICAL EXPENSES IN BOTH THE CO-PAY AND DEDUCTIBLE PLAN is hereby amended to define those transplants covered by the Plan The entire transplant section is hereby restated. NON-fiXPERIlAENTAL HUMAN-TO-HUMAN ORGAN TRANSPLANTS to include only the transplant of human solid organs, specifically: heart, hearulung, lun& double • lung. liver. pancreas, kidney, and cornea. 'Transplant" shall also include bone marrow and/or peripheral blood stem cell transplant, transfusion and reinfusion. A Transplant must be performed at a Transplant Facility as defined under the Plan. (REFER TO THE SECTION BELOW ENTITLED "SPECIAL TRANSPLANT PROGRAM" THAT ISAVALEABLE TO COVERED PERSONS WHO PARTICIPATE IN THE PMA9 The medical expenses incurred in acquiring the organ(s) to be used in any and all covered transplants received by a Covered Person include charges for: 1. Tests for cross-match donor, suitability and other such screening tests related to the donation of the organ(s), whether used or not; and 2. Hospital, surgical, storage and transportation costs incurred that are related to the donation of the organ(s), whether used or not. When only the transplant recipient is a Covered Person, the benefits of this plan will be provided for the donor to the extent that benefits to the donor are not provided under any other form of coverage. In no such case under this plan will any payment of a "personal service" fee be made to any donor, but only the necessary hospital and Physicians' is medical care and services expense with respect to the donation will be considered for benefits. When only the donor is a Covered Person, the donor will receive benefits for care and service necessary to the extent such benefits are not provided for the donor under any coverage available to the recipient for the organ or tissue transplant procedure. Benefits will not be provided to any recipient who is not a Covered Person. When the transplant recipient and the donor are both Covered Persons, benefits will be provided for each in accordance with his respective eligible expenses. SPECIAL TRANSPLANT PROGRAM In addition to the standard transplant benefit, the following benefits may be available when a Covered Person participates in the Special Transplant Program. This Special (Amendment Five) Pale 2 1 Q L - 3U 4 0 Transplant Program is an enhancement to the standard transplant benefit and participation in the program is voluntary. ADDITIONAL COVERED BENEFITS PROVIDED UNDER THE SPECL4L TRANSPLANT PROGRAM 1. Access to transplant Centers of Excellence across the United States, as well as out-patient peripheral stem cell facilities. 2. Reimbursement for travel and lodging expenses incurred during entire transplant (immediately before and after the transplant) up to a $5,000 maximum for the Covered Person and companion. Travel and lodging discounts are also available through select airlines and hotels. 3. Waiver of Covered Person's deductible and out-of-pocket expenses, up to a $1,500 maximum. 4. Services of a Transplant Facilitator, who will coordinate the cost savings. The benefits above are only available when a Covered Person fully participates in the Special Transplant Program and meets all of the following requirements. 1. Pre-notification of the upcoming transplant must be given by the Covered Person, their physician, or Third-Party Administrator as soon as the Covered Person is identified as a potential transplant candidate. Pre-notification must be made to 1-888-40RGANS (or call the pre-certification number on the back of the medical identification card); and 2. All transplant services must be rendered at a transplant Center of Excellence facility in the preferred transplant network If these requirements are not met, Special Transplant Program benefits may be reduced GENERAL PROVISIONS Early pre-certification to 1-888-40RGANS must be made as soon as the Covered Person is identified as a potential transplant candidate. Once enrolled in the program, a Transplant Facilitator will be assigned and will coordinate the cost savings with the patient and physician from hospital selection to travel arrangements to prescription drug options. The Transplant Facilitator will contact the Third Party Administrator for benefit information, as well as contact the Covered Person's referring physician for additional information. Information about the program will be forwarded to the Covered Person regarding network hospitals and other relevant information. The Transplant Facilitator will work with the Covered Person, his/her physician, and the Third Party Administrator to ensure quality and continuity of care throughout the process, pre-transplant to post- transplant, including organ harvest. This Amendment shall be effective March 1, 2002. (Amendment Five) Page 3 Q • • • THUS DONE AND SIGNED, before me, Notary, and the undersigned competent witnesses, on this the - /9 fA, day of 2002. WITNESSES: BRAZOS COUNTY (Amendment Five) Page 4 0 • 15,~ RECEIVED 5~~ 2 Ilation This Agreement is made and entered into by and between BrazOS jploii 1ty (the "Employer" ) and The Variable Annuity We Insurance Company ("VALIC" I a Texas corporation, on this day of 20 02 (insert date on or after 01/01/02). ARTICLE I-PURPOSE The Employer maintains a deferred compensation plan (the "Plan"). In the interest of economy and efficiency, the Employer deems it desirable to contract for administrative services pertaining to accounting for deferrals, disbursements of funds, proper reporting to participants and the Internal Revenue Service, and withholding of taxes, if applicable. 'therefore, the Employer designates VALIC its agent to perform the services outlined in this Agreement and deposit income tax amounts as required by law. VALICs undertaking to provide administrative services hereunder is limited to those amounts of deferred compensation under the Plan that the Employer has invested in annuity contracts issued by VALJC. ARTICLE II - DEFINITIONS As used in this Agreement, the following definitions shall apply unless the context indicates otherwise: 2.1 Agent -'The Variable Annuity Life Insurance Company ("VALIC'). 2.2 Annuity Contract -'Me group or individual annuity contract(s) between the Employer or Plan Participants and VALIC. 2.3 Employer Brazos County Q E 76+-b st nr3Xan, TPXas 77803 2.4 Participant - An employee or independent contractor of the Employer electing to participate in the Plan. 2.5 Plan-The Brazos County DefemedCompensation Plan W-M Chock one: a. _ a 457(b) or "eligible" deferred compensation plan described under section 457 of the Internal Revenue Code of 1986, as amended. b. a 457(f) or'Srmligible" deferred cornpaisation plan sponsored by a tax-exempt or governmental organization. c. a non-qualified (top hat) deferred compensation plan sponsored by a for-profit organization. ARTICLE III - RESPONSIBILITIES OF EMPLOYER 3.1 For distributions prior to January 1, 2002, and for any other distributions to which this requirement may apply on or after January 1, 2002, the Employer shall complete and sign all fours necessary for VALICs appointment as its agent with the Internal Revenue Service, or where applicable, those forms that release VALIC of said appointment. 32 The Employer shall forward a Participant's deferred compensation to VALIC within the time limitations imposed by applicable Federal and/or state law. 3.3 The Employer shall notify VALIC in writing of all Participant information requested by VALIC, including, but not 1 imited to, age, Social Security number and beneficiary information. VER 22M q BUPL#C,~i E IA - ADMINISTRATIVE SERVICES AGREEMENT VALIC receiving a disbursement. VALIC will not withhold Federal income tax for any employee who claims an exemption from withholding on Form W4 by indicating no tax liability for the preceding year and none expected for the current year. 4.6 VALIC shall furnish to each Participant tax reporting form(s) required by the applicable taxing authority, including a statement of gross amounts paid to the Participant and the amount of Federal, state and local incon tax withheld by VALIC, of any. 4.7 VALIC shall furnish to the Employer, upon request, annual and semi-annual reports for The Variable Annuity We Insurance Company Separate Account(s) for distribVdon to Participants. 4.8 VALIC shall establish and maintain records of notifications from Employer concerning Participants who are to receive disbursements, gross payments under the Agreement, amounts of Federal, state and local income withheld by VALIC on behalf of the Employer and reports of such income and deposits filed with the appropriate governmental agencies by VALIC on behalf of the Employer. ARTICLE V - MISCELLANEOUS 5.1 Term. This Agreement shall become effective immediately upon execution and shall remain in force until terminated by either • party as provided below. 2 Termination. This Agreement may be terminated by either party upon sixty (60) days' written notice to the other party of the 5 . intent to terminate. Upon any such termination, Agent shall deliver to the Employer all records and reports required hN this Agreement 5.3 information. VALIC relies on the information provided to it by the Employer and Plan Participants and beneficiaries, and VALIC will not be responsible for claims resulting from the use by VALIC of any incorrect or misleading information pro%uded to it by the Employer or Plan Participant or beneficiary. 5.4 Assignment. This Agreement may not be assigned without the written consent of the other party 5.5 Amendment. The parties may amend this Agreement only in writing. Any such amendment must be appro%ed b% the President or a Vice President of Agent and a person authorized to act on behalf of Employer. , 5.6 Notice. Any notice provided for herein shall be in writing and shall be deemed to have been given %%hen received by personal delivery or United States mail addressed to the Employer at the address given in section 2.3 or to VALIC at the address below. Client Services The Variable Annuity We lrtsurance Company 2929 Allen Parkway Houston,TX 77019 5.7 Governing aaw. The laws of the State/Commonwealth of --TX- shall govern the rights and obligutiom of the parties under this Agreement 5.8 Entire Agreement. This Agreement and any written amendments hereto constitute the entire agreement of the parties. This Agreement shall supersede all previous communications, representations or agreements, either oral or written. hemven the parties. • 5.9 No Additional Cost. The services rendered by VALIC pursuant to this Agreement shall be performed t.uhout additional cost to A i h C ontract nnu e ty the Participants other than administrative and sales charges provided for in t VBI I= Z ° 263 , n U RECEIVED 1~1 'I DEFERRED COMPENSATION PLAN 2 8 02 (Governmental) Group Plan Installation ARTICLE I. INTRODUCTION The Employer hereby establishes the Deferred Compensation Plan, hereinafter referred to as the "Plan," as of the effective date set forth in Section II of the Terms of Agreement above. The Plan is intended to be an eligible deferred compensation plan under section 457 of the Internal Revenue Code of 1986, as amended. The primary purpose of this Plan is to attract and retain qualified personnel by permitting them to provide for benefits in the event of their retirement or death. Nothing contained in this Plan shall be deemed to constitute an employment agreement between any Participant and the Employer and nothing contained herein shall be deemed to give any Participant any right to be retained in the employ of the Employer. ARTICLE II. PLAN ELECTIONS 2.01 Plan Effective Date. (Hereinafter the "Effective Date.' (Check one.) [ ] This Plan is being established by the Employer effective I xl This Plan replaces the Plan previously established by the Employer and is effective on , 2002 2.02 Participant's Election to Receive In-Service Distribution. A Participant may elect to receive an in-service distribution of his account balance as described in Section 7.09. (Check one.) [ ] Yes, if the total amount payable to a Participant under the Plan does not exceed (insert an amount up to $5,000). [x ] No. Section 7.09 shall not apply to this Plan. 2.03 Distribution without Participant's Consent. Small accounts of certain inactive participants may be distributed without the participant's consent as described in Section 7.10. (Check one.) [ ] Yes, if the total amount payable to a participant under the Plan does not exceed (insert an amount up to $5,000). [x ] No. Section 7.10 shall not apply to this Plan. DUPL~CATIE GQDC p j Ad&-1- 2.04 Governing Law. This Plan shall be construed under the laws of the State of (insert state). ARTICLE III. DEFINITIONS 3.01 Account: The account maintained for each Participant reflecting the cumulative amount of each Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the investment of the Participant's Deferred Compensation, and further reflecting any distributions to the Participant or the Beneficiary and any fees or expenses charged against the Participant's Deferred Compensation. 3.02 Annuity Contract: If selected by the Employer as an investment option, one or more group fixed, variable or combination fixed and variable annuity • contracts issued by The Variable Annuity Life Insurance Company (VALIC) and approved for sale in the Employer's state, or by another insurance company qualified to do business in the Employer's state, which provides for periodic payments at regular intervals, whether for a period certain or during one or more lives, and which are non-transferable. 3.03 Beneficiary or Beneficiaries: The person or persons designated by the Participant in his Deferred Compensation Agreement who shall receive any benefits payable hereunder in the event of the Participant's death. If more than one designated Beneficiary survives the Participant, payments shall be made equally to the surviving Beneficiaries, unless otherwise provided in the Deferred Compensation Agreement. If no Beneficiary is designated in the Deferred Compensation Agreement or if no designated Beneficiary survives the Participant, then the estate of the Participant shall be the Beneficiary. However, a Participant may designate a contingent Beneficiary (or Beneficiaries) who shall become the primary Beneficiary (or Beneficiaries) under this Plan in the event that no primary Beneficiary survives the Participant. is 3.04 Code: The Internal Revenue Code of 1986, as amended, and regulations thereunder. 3.05 Deferred Compensation: The amount of Normal Compensation otherwise payable to the Participant that the Participant and the Employer mutually .agree to defer hereunder, any amount credited to a Participant's Account by reason of a transfer under Section 9.01, or any other amount that the Employer agrees to credit to a Participant's Account and that does not exceed the Maximum Limitation. 3.06 Deferred Compensation Agreement: An agreement entered into between a Participant and the Employer and any amendments or modifications GQDC 30 ,A&==c11 $5 is thereof, which agreement shall fix the amount of Deferred Compensation; establish the time when the payment of benefits shall commence, if required by the Code, for Deferred Compensation Agreements effective prior to January 1, 2002; specify the Participant's investment selection with respect to his Deferred Compensation; designate the Participant's Beneficiary or Beneficiaries and incorporate the terms, conditions, and provisions of this Plan by reference. 3.07 Eligible Retirement Plan: A plan described in section 402(c)(8)(B) to which an Eligible Rollover Distribution may be transferred pursuant to section 457(e)(16) of the Code. 3.08 Elicible Rollover Distribution: A qualifying distribution to a Participant, or to a spousal beneficiary of a deceased Participant, that is described in section 402(c)(4) of the Code. 3.09 Employee: Any individual, whether appointed, elected or under contract, providing services for the Employer for which compensation is paid. 3.10 Includible Compensation: The amount of compensation payable to a Participant from the Employer that is includible in the Participant's gross income for federal income tax purposes. Such term does not include any amount excludible from gross income under this Plan or any other plan described in section 457(b) of the Code or any other amount excludible from gross income for federal income tax purposes. Includible gross income shall be determined without regard to any community property laws. 3.11 Maximum Limitation: The maximum amount that may be deferred under this Plan (other than rollover amounts described in Section 9.03) for the taxable year of a Participant Such amount shall be either the Normal Limitation or Catch-Up Limitation, whichever is applicable. (a) Normal Limitation: The maximum amount deferred shall not exceed the lesser of the applicable dollar amount (as described in Section 3.11(c) below) or 100% of the Participant's Includible Compensation, as adjusted by Section 3.11(d) below. (Ordinarily this limit shall be the equivalent of the lesser of the applicable dollar amount (as described in Section 3.11(c) below) or 50% of Normal Compensation, assuming no other pre-tax reductions apply under Section 3.10.] Notwithstanding the preceding provisions of this paragraph, for calendar years prior to 2002, the maximum amount deferred shall not exceed such limit or limits in effect for the applicable year pursuant to section 457 of the Code. GQDC 30 2 oz Vo 0 • 0 (b) Catch-Up Limitation: For each one of the last three (3) taxable years of a Participant ending before the Participant's attainment of Normal Retirement Age, the maximum amount deferred for each such year shall be the lesser of: (1) twice the applicable dollar amount (as described in Section 3.11(c) below); or (2) the sum of the Normal Limitation, plus that portion of the Normal Limitation not used in each of the prior taxable years of the Participant commencing after 1978 in which (i) the Participant was eligible to participate in this Plan or the plan of another employer, and (ii) compensation deferred under this Plan (or such other plan) was subject to the deferral limitations set forth in this section. • A Participant may utilize the Catch-Up Limitation only if the Participant has not previously utilized it with respect to a different Normal Retirement Age under this Plan or any other plan. For years prior to 2002, the limit under this paragraph (b) for any year shall not exceed $15,000. (c) Applicable Dollar Amount. For contributions in 2002 and in subsequent years, the applicable dollar amount shall be the amount determined in accordance with the following table: For taxable years beginning The applicable dollar in calendar year: amount: 2002 $11,000 2003 $12,000 2004 $13,000 2005 $14,000 2006 or thereafter $15,000 ID In the case of taxable years beginning after December 31, 2006, the applicable dollar amount will be adjusted for cost-of living increases in accordance with section 457(e)(15) of the Code. (d) Coordination with Other Plans. For contribution years prior to 2002, the amount excludible from a Participant's gross income for any taxable year under this Plan or any other plan under section 457(b) of the Code shall not exceed $7,500 (as adjusted for cost-of-living increases in accordance with section 457(e)(15) of the Code) or such greater amount allowed under paragraph (b) of this section, less any amount excluded from gross income under sections 403(b), GODC E 402(e)(3), or 402(h)(1)(B) or (k) of the Code, or any amount with respect to which a deduction is allowable by reason of a contribution to an organization under section 501(c)(18) of the Code. (e) AQe-Based Catch-Up Contributions. In addition to any other limit set forth in this section, and subject to any limitations that may be imposed under present or future federal tax laws and rules, a Participant who has attained age 50 may contribute an additional amount in such year or a subsequent year, according to the following schedule: Year of Contribution: Prior to 2002 2002 2003 2004 2005 2006 and later Additional Catch-Up Amount: $ 0 $1,000 $2,000 $3,000 $4,000 $5,000 In the case of taxable years beginning after December 31, 2006, the additional catch-up amount will be adjusted for cost-of living increases in accordance with section 414(v)(2)(C) of the Code. A Participant may not make an age-based catch-up contribution in any year in which the Participant may utilize the Catch-Up Limitation in paragraph (b) above. 3.12 Normal Compensation: The amount of compensation that would be payable to a Participant by the Employer if no Deferred Compensation Agreement were in effect to defer compensation under this Plan. 3.13 Normal Retirement Age: Age 70%, unless the Participant has elected an altemative Normal Retirement Age by written instrument delivered to the Employer prior to Severance from Employment. A Participant's Normal Retirement Age determines the period during which a Participant may utilize the Catch-Up Limitation of Section 3.11(b) hereunder. Once a Participant has to any extent utilized the Catch-Up Limitation of Section 3.11(b), his Normal Retirement Age may not be changed. A Participant's alternative Normal Retirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive unreduoed retirement benefits under the Employer's basic retirement plan covering that Participant and may not be later than the calendar year in which the Participant attains age 70%. GQDC 3tS 3 • ....4 - 0 ! If a Participant continues employment after attaining age 70Y2 not having previously elected an alternative Normal Retirement Age, the Participant's alternative Normal Retirement Age shall not be later than the mandatory retirement age, if any, established by the Employer or the age at which the Participant actually severs employment if the Employer has no mandatory retirement age. If the Participant will not be eligible to receive benefits under a basic retirement plan maintained by the Employer, the Participant's Normal Retirement Age may not be earlier than attainment of age 55 and may not be later than the calendar year in which the Participant attains age 70%. 3.14 Participant: Any Employee who has enrolled in this Plan pursuant to the requirements of Article V. 3.15 Plan Year: The 12-month period commencing each January 1 and ending on the following December 31. 3.16 Retirement: The first date upon which each of the following shall have occurred: Severance from Employment and attainment of age 65. 3.17 Severance from Employment: Termination of the Participant's employment relationship with the Employer. For years prior to 2002, references in this Plan to Severance from Employment shall mean the Participant's severance of the Participant's employment with the Employer, within the meaning of section 402(e)(4)(D)(i)(III), rather than termination of the Participant's employment relationship with the Employer. 3.18 Service Provider. VALIC Retirement Services Company or such other entity as the Employer designates to perform administrative services under this Plan. ARTICLE IV. ADMINISTRATION 4.01 Plan Administrator. This Plan shall be administered by the Employer or • one or more persons designated by the Employer. The Plan Administrator, if other than the Employer, shall act as the agent of the Employer in all matters concerning the administration of this Plan. The Plan Administrator shall have full power to adopt, amend, and revoke such rules and regulations consistent with and as may be necessary to implement this Plan, to enter into contracts on behalf of the Employer under this Plan, and to make discretionary decisions affecting the rights or benefits of Participants under Section 7.07 of this Plan. 4.02 Employee with Administrative Responsibilities. Any Employee who is charged with administrative responsibilities hereunder may participate in GQDCr':a~~ 0 the Plan under the same terms and conditions as apply to other Employees. However, he shall not have the power to participate in any discretionary action taken with respect to his participation under Section 7.07 of this Plan. 4.03 Administrative Services. The Employer may enter into an agreement with a Service Provider to provide nondiscretionary administrative services under this Plan for the convenience of the Employer, including, but not limited to, the enrollment of Employees as Participants, the maintenance of Accounts and other records, the making of periodic reports to Participants, and the disbursement of benefits to Participants. ARTICLE V. PARTICIPATION IN THE PLAN 5.01 Participant. An Employee becomes a Participant when he has executed and entered into a Deferred Compensation Agreement with the Employer. 5.02 Enrollment in the Plan. An Employee may become a Participant as of the first day of any calendar month by entering into a Deferred Compensation Agreement with respect to compensation not yet earned. A new Employee may become a Participant on the first day of employment by entering into a Deferred Compensation Agreement on or before the first day of employment with respect to compensation not yet earned. The Deferred Compensation Agreement shall defer compensation not yet earned, and each Deferred Compensation Agreement must be made before the beginning of the month in which it is to become effective or, with respect to a new employee, on or before the first day of employment. 5.03 Minimum Deferral Amount. At the time of entering into or amending a Deferred Compensation Agreement hereunder, a Participant must agree to defer a minimum periodic amount as specified by the Plan Administrator. 5.04 Change in Amount of Deferred Compensation or Beneficiary. A Participant may not amend or modify an executed Deferred Compensation Agreement to change the amount of Deferred Compensation except with respect to compensation to be earned in the subsequent calendar month and provided that notice is given prior to the beginning of the month for which such change is to be effective. A Participant may change the Beneficiary designated in his Deferred Compensation Agreement at any time by giving written notice to the Plan Administrator. 5.05 Revocation of Deferred Compensation Agreement. A Participant may revoke his Deferred Compensation Agreement and thereafter be restored to his Normal Compensation in the subsequent calendar month, by giving notice to the Employer prior to the beginning of the month for which such revocation is to be effective. GQDC O?Oc3O~ 4 5.06 New Deferred Compensation Agreement Upon Return to Service or After Revocation. A Participant who returns to active service with the Employer after a Severance from Employment, or who has revoked his Deferred Compensation Agreement under Section 5.05, may again become an active Participant by executing a new Deferred Compensation Agreement with the Employer prior to the beginning of the calendar month as to which it is to be effective. 5.07 Leave of Absence: Other Absences. Compensation may continue to be deferred under this Plan with respect to a Participant who is on an approved leave of absence from the Employer with compensation, and all of the rules of this Article shall apply with respect to making, amending or revoking any Deferred Compensation Agreement for such a Participant. If a Participant is absent from work without compensation for a period of not is more than six months, whether by reason of illness, strike, lockout, shutdown or otherwise, his Deferred Compensation Agreement will remain in effect and compensation will again be deferred thereunder when he returns to work. ARTICLE VI. INVESTMENT OF DEFERRED COMPENSATION 6.01 Annuity Contracts and Other Plan Investments. For the purposes of satisfying its obligation to provide benefits under this Plan, the Employer shall invest the amount of compensation deferred by each Participant in Annuity Contracts and other Plan investments as specked in the Participants' Deferred Compensation Agreements. Responsibility for the selection of investment alternatives for Plan assets shall be retained by the Employer, and the Employer shall have the right to modify the selection of investment alternatives from time to time. However, Participants and Beneficiaries may allocate amounts held in their Accounts or otherwise credited for their benefit under the Plan among the investment alternatives selected by the Employer, and the Employer shall cause such amounts to be so allocated within a reasonable time after the receipt of Participant • instructions, or may instruct the issuer, trustee, or custodian to accept such allocation instructions directly from Participants and Beneficiaries as representatives of the Employer. 6.02 Exclusive Benefit. Notwithstanding any provision of the Plan to the contrary, all amounts held under the Plan, including amounts deferred and earnings or other accumulations attributable thereto, shall be held for the exclusive benefit of Plan Participants and Beneficiaries (i) in annuity contracts, or (ii) in trust or in one or more custodial accounts pursuant to one or more separate written instruments. Any such annuity contract, trust, or custodial account must satisfy the requirements of section 457(8)(1) of the Code. For purposes of this section, the terms Participant and ; GQDC :i ~.n k 0 Beneficiary shall also include contingent beneficiaries and/or spouses, former spouses, or children of Participants for whose benefit amounts are being held under the Plan pursuant to the terms of a domestic relations order which has been recognized under the terms of the Plan. Any discretionary authority reserved to the Employer (or to any administrator or administrative committee) under the Plan or under any investment held under the Plan, to the extent the exercise thereof would otherwise be inconsistent with this section, shall be exercised for the exclusive benefit of Plan Participants and Beneficiaries. Any issuer of an annuity contract or trustee or custodian of other investments held under the Plan shall have no authority to pay any amounts from such Plan Investments to any creditor of the Employer, and shall have no duty to inquire into the validity of any request by the Employer or by an administrator or administrative committee for distribution of amounts for the benefit of a Participant or a Beneficiary under the Plan. 6.03 Benefits Based on Participant's Account Value. The benefits paid to a Participant or Beneficiary pursuant to Article VII of this Plan shall be based upon the value of the Participant's Account. In no event shall the Employer's liability to pay benefits exceed the value of the Participant's Account, and the Employer shall not be liable for losses arising from depreciation or other decline in the value of any investments acquired under this Plan. 6.04 Periodic Reports. Each Participant shall receive periodic reports, not less frequently than annually, showing the then-current value of his Account. 6.05 Employer-Directed Accounts. Notwithstanding any provision of the Plan to the contrary, the Employer shall direct the issuer, trustee or custodian with respect to the investment of any contributions that are forwarded to the issuer, trustee or custodian prior to the date on which the Participant or Beneficiary completes the necessary paperwork with the issuer, trustee or custodian (or takes such other action or actions as may be necessary) to direct the investment of such amounts. Such direction shall be communicated to the issuer, trustee or custodian by means of a separate written agreement between the Employer and issuer, trustee or custodian, which agreement will include a default investment option and a default beneficiary designation. This direction shall be effective only until such time as the Participant or Beneficiary exercises his right to direct the investment of such amounts and to designate a Beneficiary in accordance with the terms of the Plan. GQDC OL, 3.0•._ 1 ~r • • 0. ARTICLE VII. BENEFITS 7.01 Retirement Benefits on Severance from Employment. Except as otherwise provided in this Article, a Participant's Account shall become distributable upon a Participant's Severance from Employment. The distribution of a Participant's Account shall commence no later than April 1 of the calendar year following the year of the Participant's Retirement or attainment of age 70'/x, whichever is later. Distributions shall be made in accordance with one of the payment options described in Section 7.03. Notwithstanding the other provisions of this section, Accounts established prior to January 1, 2002 will be subject to the additional distribution requirements, and rules regarding permitted distribution elections, to which such Account may have been or may be subject under Code section 457. • 7.02 Distribution Procedures. The Employer may from time to time establish procedures for Participant distribution elections, provided that such procedures are not inconsistent with the requirements of Section 7.01. 7.03 Payment Options. A Participant (or a Beneficiary as provided in Section 706) may elect to have the value of the Participant's Account distributed in accordance with one of the following payment options provided that such option is consistent with the limitations set forth in Section 7.04: (a) life annuity; (b) life annuity with 60, 120, or 180 monthly payments guaranteed; (c) unit refund life annuity; (d) joint and last survivor annuity (spouse only); (e) lump sum; (f) term certain annuity with 36, 48, 60, 72, 84, 96, 108, 120, 132, 144, 156, 168 or 180 monthly payments guaranteed; (g) withdrawals for a specified number of years; (h) withdrawals of a specified amount; or (i) any other method of payment agreed upon between Participant and Employer and accepted by the investment provider or Service Provider. GODC 0 If a Participant fails to elect a payment option, any required payments shall be made under a payment option designated by the Employer. Notwithstanding the options above, any option that involves a life contingency (or a joint life contingency) shall only be available under an Annuity Contract offered or obtained under the terms of the Plan. 7.04 Limitation on Options. No payment option may be selected by the Participant (or a Beneficiary) unless it satisfies the requirements of Code section 401(a)(9) and any additional Code limitations applicable to the Plan. Notwithstanding the other provisions of this section, Accounts established prior to January 1, 2002 will be subject to the additional distribution requirements, and rules regarding permitted distribution elections, to which such Account may have been or may be subject under Code section 457. 7.05 Post-Retirement Death Benefits. Should the Participant die after he has begun to receive benefits under a payment option, the guaranteed or remaining payments, if any, under the payment option shall be payable to the Participant's Beneficiary commencing with the first payment due after the death of the Participant. Payment to the Participant's Beneficiary must comply with section 401(a)(9) of the Code, and with any additional Code limitations applicable to the Plan. If the Beneficiary does not continue to live for the remaining period of payments under the payment option, then the remaining benefits under the payment option shall be paid to the Beneficiary's beneficiary or, if none, the Beneficiary's estate. In no event shall the Employer be liable for any payments made in the name of the Participant or a Beneficiary before the Employer or its agent receives proof of the death of the Participant or Beneficiary. 7.06 Pre-Retirement Death Benefits. Should the Participant die before he has begun to receive benefits under Section 7.01, a death benefit equal to the value of the Participant's Account shall be payable to the Beneficiary. Such death benefit shall be paid in a lump sum unless the Beneficiary elects a different payment option. Payment to the Participant's Beneficiary must comply with section 401(a)(9) of the Code, and with any additional Code limitations applicable to the Plan. Should the Beneficiary die before the completion of payments under the payment option, the value of the remaining payments under the payment option shall be paid to the Beneficiary's beneficiary or, if none, the Beneficiary's estate. Notwithstanding the other provisions of this section, Accounts established prior to January 1, 2002 will be subject to the additional distribution requirements, and rules regarding permitted distribution elections, to which such Account may have been or may be subject under Code section 457. GQDC~3~~ • 7.07 Unforeseeable Emer-gency Withdrawals. Except as provided in this section, no amount shall be distributable to a Participant or Beneficiary prior to the Participant's Severance from Employment. In the event of an unforeseeable emergency before or after Severance from Employment or the commencement of Retirement Benefits, a Participant may apply to the Employer to receive that part of the value of his Account that is reasonably needed to satisfy the emergency needs. If such application for withdrawal is approved by the Employer, the Employer shall direct the issuer, trustee or custodian to pay the Participant such value as the Employer deems necessary to meet the emergency needs. The regulations under section 457(d)(1)(A)(iii) of the Code define an unforeseeable emergency as a severe financial hardship to the Participant resulting from a sudden and unexpected illness or accident of the Participant or a dependent (as defined in Code section 152(a)) of the Participant, loss of property due to casualty, or other similar extraordinary or unforeseeable circumstances • arising as a result of events beyond the control of the Participant which would cause severe financial hardship to the Participant if early withdrawal were not permitted. Payment may not be made to the extent that such hardship is or may be relieved by other financial resources available to the Participant, including insurance reimbursement, cessation of deferrals under this Plan or liquidation of other assets, to the extent the liquidation of such assets would not itself cause severe financial hardship. Unforeseeable emergencies do not include the need to send a child to college or the desire to purchase a home. 7.08 Transitional Rule for Annuity Payment Option Elections. If this Plan document constitutes an amendment and restatement of the Plan as previously adopted. by the Employer and if a Participant or Beneficiary has commenced receiving benefits under an annuity payment option, that annuity payment option shall remain in effect notwithstanding any other provision of this Plan. 7.09 Participant's Election to Receive In-Service Distribution. If the Employer so elects under Section 2.02, a Participant may elect to receive an in-service distribution of the total amount payable to him under the Plan if: • (a) such amount does not exceed the dollar amount under section 411 (a)(1 1)(A) of the Code, (b) no amount has been deferred under the Plan with respect to the Participant during the two-year period ending on the date of the distribution, and (c) there has been no prior distribution under the Plan to the Participant under this Section 7.09 or under Section 7.10. GQDC 30 0 • • 7.10 Distribution without Participant's Consent. If the Employer so elects under Section 2.03, the total amount payable to a Participant under the Plan may be distributed to the Participant without his consent if. (a) such amount does not exceed the dollar amount under section 411 (a)(1 1)(A) of the Code, (b) no amount has been deferred under the Plan with respect to the Participant during the two-year period ending on the date of the distribution, and (c) there has been no prior distribution under the Plan to the Participant under this Section 7.10 or under Section 7.09. ARTICLE VIII. NON ASSIGNABILITY 8.01 In General. Except as provided in Section 8.02, no Participant or Beneficiary shall have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expressly declared to be non-assignable and non-transferable. 8.02 Domestic Relations Orders. (a) Allowance of Transfers: To the extent required under a final judgment, decree, or order (including approval of a property settlement agreement) made pursuant to a state domestic relations law, any portion of a Participant's Account may be paid or set aside for payment to a spouse, former spouse, or child of the Participant. Where necessary to carry out the terms of such an order, a separate Account may be established with respect to the spouse, former spouse, or child who shall be entitled to make investment selections with respect thereto in the same manner as the Participant; any amount so set aside for a spouse, former spouse, or child shall be paid out in a lump sum at the earliest date that benefits may be paid to the Participant, unless the order directs an earlier time, to the extent allowed under the Code, or a different form of payment. Where the final judgment, decree or order does not define a form or time of payment that is available under this Plan, the Employer shall have the right to interpret the final judgment, decree or order in a manner that is consistent with the terms of this Plan. Any payment made to a person other than the Participant pursuant to this section shall be reduced by required income tax withholding. (b) Release from Liability to Participant: The Employer's liability to pay benefits to a Participant shall be reduced to the extent that amounts have been paid or set aside for payment to a spouse, former spouse, or child GQDC C? • pursuant to paragraph (a) of this section. No such transfer shall be effectuated unless the Employer or Service Provider has been provided with satisfactory evidence that the Employer and the Service Provider are released from any further claim by the Participant with respect to such amounts. The Participant shall be deemed to have released the Employer and the Service Provider from any claim with respect to such amounts, in any case in which (i) the Employer or Service Provider has been served with legal process or otherwise joined in a proceeding relating to such transfer, (ii) the Participant has been noted of the pendency of such proceeding in the manner prescribed by the law of the jurisdiction in which the proceeding is pending by service of process in such action or by mail from the Employer or Service Provider to the Participant's last known mailing address, and (iii) the Participant fails to obtain an order of the court in the proceeding relieving the Employer or Service Provider from the obligation to comply with the judgment, decree, or order. The Participant • shall also be deemed to have released the Employer or Service Provider if the Participant has consented to the transfer pursuant to the terms of a property settlement agreement and/or a final judgment, decree, or order as described in paragraph (a). (c) Participation in Legal Proceedings: The Employer and the Service Provider shall not be obligated to defend against or seek to have set aside any judgment, decree, or order described in paragraph (a) or any legal order relating to the garnishment of a Participant's benefits, unless the full expense of such legal action is borne by the Participant. In the event that the Participant's action (or inaction) nonetheless causes the Employer or Service Provider to incur such expense, the amount of the expense may be charged against the Participant's Account and thereby reduce the Employer's obligation to pay benefits to the Participant. In the course of any proceeding relating to divorce, separation, or child support, the Employer and Service Provider shall be authorized to disclose information relating to the Participant's Account to the Participant's spouse, former spouse, or child (including the legal representatives of the spouse, former spouse, or child), or to a court. • ARTICLE IX. TRANSFERS AND ROLLOVERS 9.01 Transfers from Other Plans. This Plan shall accept transfers, pursuant to section 457 of the Code, of amounts deferred by an individual under another eligible deferred compensation plan meeting the requirements of section 457(g) of the Code. In no event may the Employer cause such a transfer to be made, except at the request of a Participant. Any such transferred amount shall not be treated as a deferral subject to the limitations of Section 3.11, except that, for purposes of applying the limit of Section 3.11, an amount deferred during any taxable year under the plan from which the transfer is accepted shall be treated as if it had been GQDC 71^ 0 deferred under this Plan during such taxable year and compensation paid by the transferor employer shall be treated as if it had been paid by the Employer. 9.02 Transfers to Other Plans. A Participant may elect to have any portion of the amount payable to him transferred to another eligible deferred compensation plan. In the event of a request by a Participant for a transfer to another eligible deferred compensation plan under which amounts are not held In the manner described in Section 6.02, such transfer shall be permitted only if otherwise permitted by the Plan and applicable law. Subject to any limitations imposed by an investment provider, the Plan may also permit transfers of a portion of an amount payable to a Participant to a defined benefit governmental plan in conformity with section 457(e)(17) of the Code. 9.03 Rollovers. A Participant may elect to roll an Eligible Rollover Distribution to an Eligible Retirement Plan. The Participant shall be provided with a description of available rollover rights and rules in"advance of such a distribution. A distribution that is an Eligible Rollover Distribution and that is paid in a form other than a rollover will be subject to mandatory withholding of 20%, or such other mandatory withholding rate as may be imposed under the Code from time to time. This Plan shall be permitted to accept a rollover distribution from an Eligible Retirement Plan (including a distribution from an IRA) to this Plan, subject to any administrative restrictions imposed by the Plan or by the investment provider. To the extent necessary to satisfy the requirements of the Code, any such rollover distribution to the Plan shall be subject to the same restrictions on distributions applicable to other amounts held under the Plan. ARTICLE X. AMENDMENT OR TERMINATION OF PLAN 10.01 Amendment or Termination. The Employer may at any time amend this Plan or terminate this Plan and distribute the Participants' Accounts in conformity with the Code and applicable regulations; provided, however, that such amendment or termination shall not impair the rights of Participants or their Beneficiaries with respect to any compensation deferred before the date of the amendment or termination of this Plan except as may be required to maintain the tax status of the Plan under the Code. Participants shall thereafter receive their Normal Compensation and benefits shall be paid as provided in Article VII. 10.02 Amendment and Restatement of Previously Adopted Plan. If this Plan document constitutes an amendment and restatement of the Plan as previously adopted by the Employer, the amendments contained herein shall be effective as of the Effective Date, and the terms of the preceding plan document shall remain in effect through such date. GQDC 3°_: c2-9 9 ARTICLE XI. USERRA Notwithstanding anyother provision of this Plan to the contrary, contributions and service credit with respect to qualified military service will be provided in accordance with Code section 414(u). ARTICLE XII. GOVERNING LAW Except to the extent any federal law applies, this Plan shall be construed under the laws of the State of Employer's principal place of business. ARTICLE XIII. RELATIONSHIP TO OTHER PLANS This Plan serves in addition to any other retirement, pension or benefit plan or • system presently in existence or hereinafter established. IN WITNESS WHEREOF, the Employer has caused this instrument to be executed by its duly authorized officer on this 19th day of March , 200 2 Employer By: C44-L Name: Alvin W. Jones, County Judge Title: Brazos County Judge • DUF-)L CATE GODC 30 0~-9 0 Brazos County Auditor's Office NAME 300 E. 26th Street, Suite 117 ADDRESS Bryan, Texas 77803 (979) 361-4294 CITY STATE ZIP PHONF Nt]MRFR Ms. Marcia Mann CONTACT March 22, 2002 COVERAGE STARTING DATE. MFTFR RFAnlnrn MODEL SERIAL NUMBER PRICE COPIES INCLUDED OVERAGE RATE SPECIAL INSTRUCTIONS C6545 NJF17369 $657.01 72,000 $.00617 72P 1 & over copies/yr. For third year of service, Maintenance Agreement Period March 22, 2002 to March 21, 2003. Configuration 11, Classification C Toner Inclusive Pricing. ♦ Refer to Purchase Order Number expiring on March 21, 2002. ♦ Please record meter reading on March 22, 2002. Rebecca Wamer Ikon Office Solutions Representative #W90087 - WZJKH 11 c4e,:. Cl/- , - Count Judge Custome uthonzed S~iign= tore Title uJ UvGfH~~-~--~~ 03/06/02 IKON Office Solutions Authorized Signature Date IKON OFFICE SOLUTIONS EQUIPMENT MAINTENANCE AGREEMENT TERMS AND CONDITIONS E 1. This agreement shall remain In full force and effect for a successive twelve month coverage period. This agreement may be terminated by either party provided written notice Is received thirty (30) days In advance. Customer's obligation to pay all charges which have accrued shall survive any termination of this agreement. 2. Maintenance agreement charges are payable In advance based on the rate and specifications provided on the reverse side of this sheet. Overdue accounts will be charged a late payment fee of 1 112% per month or to the extent allowed by law. 3. Ikon Office Solutions shall provide service inspections at appropriate intervals. Inspections may be made in conjunctlon with regular or emergency service calls. Inspections, as well as all service calls, shall be made during normal business hours. 4. Ikon Office Solutions will provide, without charge, parts which have been broken or wom through normal use and are necessary for servicing and maintenance adjustments. Parts damaged by misuse or carelessness will be charged to the customer in accordance wlth~ the Ikon Office Solutions parts list. 5. All calls under this agreement will be made during normal business hours on the customer's premises at the address shown on the equipment described on the reverse side thereof. Al calls made after normal working hours shall be charged for labor (excluding parts) at current prevailing overtime rates. 0 6. This agreement shall not apply to repairs made necessary by accident misuse, abuse, neglect, theft, riot, vandalism, fire, water, power failure or lightning strikes if power protection unit received by Ikon Office Solutions is not propeN connected to equipment, unauthorized supplies or other casualty or to repairs made necessary by service personnel other than those of Ikon Office Solutions. Charges for repairs or replacements due to the foregoing shall be bome by the customer. 7. This agreement does not Include applicable taxes. Al taxes levied or imposed, now or hereafter, by any governmental authority shall be paid by the customer, In accordance with the law. 8. This agreement covers only the equipment and accessories attached to the equipment described on the reverse side. 9. This agreement is not transferable by the customer except with the written consent of Ikon Office Solutions. 10. This agreement (consisting of the. face and reverse sides of this sheet) constitutes the entire agreement between the customer and Ikon Office Solutions, with respect to furnishing of the Ikon Office Solutions services. Ikon Office Solutions Corporate office is 7401 E Ben White Bldg 2; Austin TX 78741. 11. Optimum performance of the equipment covered by this agreement can be expected only if supplies provided by, or meeting the specifications of ikon Office Solutions are used. • p ~a roa t ~r ;%1 BID TABULATION 2002-038 PURCHASE OF MOTOR GRADERS W O O N BIDDER PURCHASE PRICE 3 YEARS 5 YEARS $ 6,( 5 YEARS $ 75,( [WNW 5 YEARS GMTCR - GUARANTEED MAXIMUM TOTAL COST OF REPAIRS FOR WHICH BRAZOS COUNTY WILL BE RESPONSIBLE GRP - GUARANTEED REPURCHASE PRICE THAT VENDOR AGREES TO OFFER FOR EQUIPMENT ON A BUY-BACK OPTION TCB - TOTAL COST BID PER UNIT AT END OF SPECIFIED TIME (ORIGINAL PURCHASE PRICE + GMTCR-GRP=TCB) BIDDER BASE-COST (PER UNIT) MAKEIMODEL MUSTANG TRACTOR $ 142,000.00 CATERPILLAR 12H, 2002 MOTORGRADER llppllg~j BIDDER 3 ANNUAL PMTS 4 ANNUAL PMTS 5 ANNUAL PMTS 6 ANNUAL PMTS TRACTOR' 1 $ 49,656.001$ 38,101.001$ JAL AMOUNT AT END OF LEASE TERM BIDDER MOTOR GRADER A MOTOR GRADER B TRACTOR $ 10.000.00 S dENDATION: MUSTANG TRACTOR-GMTCR/4 YEARS BASE COST WITH TRADE INS DATE: March 19, 2002 • Ij . BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: March 19, 2002 ITEM: Request from Verizon to construct buried cable installation in the right of way of Fazzino Lane beginning at its intersection with State Highway 21 and extending for a distance of 1.221 feet: approximately 475 feet of the proposed 1,221 feet of cable will be required to be placed in an adjacent public utility easement (Mesquite Flats • Subdivision). Verizon has been notified of the public utility easement requirement Site is located in Precinct 4. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 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. 3) 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. 4) 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. 5) 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. ACTION REQUESTED OR ALTERNATIVES: • SUBMI D BY: APPROVED BY: Richard F. Vance, P.E. mmission r Carey Cauley County Engineer Precinct 4 J 0002-024 Approved 21/1 Denied ❑ by Commissioners' Court Date: _ 3 - 19- Alvin W. Jones, Co Judge 310 L ~r. 3" Ila 0 ACCESS DESIGN 301 INDUSTRIAL BLVD. BRYAN, TX 77803 MARCH 7, 2002 RICHARD VANCE BRAZOS COUNTY ENGINEERING OFFICE COUNTY ENGINEER 2617 W. HWY. 21 BRYAN, TX 77803 DEAR MR. VANCE: SUBJECT: AGRMNTS 24 BURIED CABLE ENCLOSED ARE FROM ED-135 AND A WORK LOCATION SKETCH SHOWING THE LOCATION OF OUR PROPOSED COMMUNICATION CABLE LINE ON COUNTY ROADS IN BRAZOS COUNTY AT BRYAN, TEXAS. THIS WORK IS TO BE COMPLETED ON WORK ORDER 5413 - 3P0028H WHICH IS SCHEDULED FOR MARCH, 2002. IF YOU HAVE ANY QUESTIONS CONCERNING THIS WORK, PLEASE CONTACT CHARLES ALLEN AT OUR OFFICE IN BRYAN, TELEPHONE 979-8214761 WITHIN 15 DAYS SO THAT WE MAY EXPLAIN OF MODIFY OUR PROPOSAL, OTHERWISE, IT IS UNDERSTOOD THAT THIS PROPOSAL IS APPROVED. SINCERELY, JOHN ARNOLD SUPERVISOR - ACCESS DESIGN JA-EC ATTACHMENT 0 .e6R0 A14111* /S FhZt/•uD LAu~~ M07- 'Cl4te 4G IP-04 G THE PhtJAL 475' AF r .E dolt APO S,FP MZ/' Pizoioc;r ov/ cc /3o AEif'0 rO 130 i u AN AD j o-car 3a ` _ puBG,G u0'~G1 r7 , ~e 5 'T •:~~ar~~..ti~±t. ~ ' • "'moo:- • VERIZON COMMUNICATION Notice of Line Installation March 7, 2002 To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: • Starting at the intersection of State Hwy. 21 West and Fazzino oad LWj6 a buried cable will be placed Vin the south R.O.W. extending e and northeast for a distance QfT2_2_1_Tpet at a depth of 30". ORT~Q~v/~1v5r' ~1~ 7~t.1 ~ U~L~, The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. X L' 1~r ~p~ "ky~ PD IZ ~j DaV V)4r_Z,6 19- Z D' PUP_ 1.6- PA0 V) 0 &0 Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after March 11, 2002. is VERIZON COMMUNICA IONS 5413-3P002BH Jon Arnold Supervisor-Access Design 301 Industrial Blvd. Bryan, TX 77803 0 NOTES TO CONST LOCATE ALL BURIED UTILITIES BEFORE GIGGING IN THIS AREA. PLACE NEW CABLE AS SHOWN I ® ON WORK PRINTS. MAKE PILOT BORES AS SHOWN i y Y AND PLACE PVC WHERE SHOWN. PLACE NEW PEDS AT L-10745 a PO 3004 AND L-10745 PO 3034. UTILIZE EXISTING PEDS ON WATER I 1 WELL RD AND TAG AS SHOWN ON I 0 Mg ' VIS c WORK PRINT. BEAWARE AWARE 12 PR DROP SERVING CUSTOMERS ON WATER WELL RD DON'T I 1 7 OT C A CUT I . WORK SAFELY ` 1 I ~ ~ - - - .~1 m~'„ ~nNU Ile R 8 RC .r. n. M Fr ~dK sr.n . a tRLI. ~ YOU \p r~ I I ~ a ir 11 x ~ r I r ~ ` 1 I sO a~i iCyr'- ~T>q w2b b`~vO l ~ s emu f "cr V i . . n R. t.M © ~ « ,tb 11 rA] _ 1•?Ti Qq M ~Sy.4 7 11 tMNrff 'two •.0.1.1 .Man ••-_y~ NN YV 9t~r MIvi utrslam ~i .a 0'~ ~ ~ S$ G~ 8 IrIR MOL.- ~ ~ A* a afr E s l a a ti A ar p y.. cc ~ - - `_rn- - ~.f---- ~.NfTll rn 7w aaa ~ aw f~ VERIZON SOUTHWEST AREA I STATEr Tx CWA I EN END I NwM I I TRINTI FILET WPI I OWN g:ltlgn1822013p002bh1wpl.dOn 03/04/2002 07:21:44 AM • 'AYAW MAIN 541-5 W. O. 3 Pbb 2- D N- SJLPHURSPRINGS RD...L-1l jWEE1 WAIER J-12 T TAYLOR MOORE .............)-15 1}~OUSAND OAKS DR....I-13 niIIRMON RD ...............H-7 'TOM MOORE SCHOOL RD ...................1-5.6 MKAWAY LAKE RD. K-9.10 TURKEY CREEK RD........ M-10 V VALLLY VIEW H-10.11 WKS IN . ........................K-7 VINCENT RD ...............G.H-1 L W • WALDEN RD . E-9 1NALI.15 RD D . . .......................1-7 WALNUT RD ..................1-11 WARD RD . K-14 WFEAON LOOP K-9 WELLOORN RD. (FM 2818) ..G-7 WESTV ARS HO .L-13 WHEELOCK HALL RD...H.1-4 WHITE CREEK RD.....H-10.11 WHITE SWITCH RD........ . L-14 WC.KSON LAKE RD...... K-6 Wn COX LN l-6 WIL.LIAMS RD K-2 411LSON PASTURE RD....... }-3 WNDY RYON RD........ ..i-13 WOODLAKE DRIVE }12 M',LDANDS 4WR1GHr RD . H-10 . K-13 Z LWE M RD 1-5 BRAZOS COUNTY RURAL SUBDIVISIONS ADAMS ACRES . . K-4 ADAMS ESTATE K-4 'Ar"L ACRES .....................................1 1 ALLISON ACRE.S 1-3 'ARNOLD SUB I-11 ~ &ALD PRAIRIE 1.1- l t EENCHLY OAKS .G-7 BIt1ARWOOD RETREAT ......................G.H-11 gm\,N 1-7 D=OCK'S AMMON .H-8 A D V E R T I S I N G CANYON CREEK ESTATES.. H-10 CARTER LAKE 1-10 (903) 729-5663 ♦ FAX (903) 731-4210 CEDAR CREEK ESTATES I-3.4 COLLEGE STATION INDUSTRIAL PARK ...1-1 S O 800-382-3624 DUNTRY MEADOW .1-11 COUNTRY PROMPMES .1-)J12 D ILL . . . . t This map has been prepared from the ttost reliable utfomtatron available ht to our :Mora or omissions brou d local sources An te f EER H . . 7 . ESTATES . . DEER PARK ....K-12 g y rom an an attention will be apptecutod and will be corrected in subsequent editions. EAST BRAZOS INDUSTRIAL PARK. ..I-8 ' Copynght O 1999 by Richardson Advamtng and Publishing Reproduction a ENCHANTED OAKS ...........................K-9 . without permission of the publtslua is a violation of federal laws. FAIRVIEW....... Cr9 FOREST CREEK ESTATES 1.6 `CREST lrl(E.. ...148 v h 0 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 660010 DATE OF COURT MEETING: March 19. 2002 ITEM: Permission to enter Pat Cole's property located off Leonard Road for the purpose of disposing (burial) of dead livestock (cow) Site is located in Precinct 4 SOURCE OF FUNDS: N/A REQUIREMENTS: NOTES/EXCEPTIONS: SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0000-022 APPROVED BY: ommissi er Carey Ca ey I ~fDeniedEl Precinct 4 Approved2 by Commissioners Court Date: 3 !9 - D z. Alvin . Jones, Coun u ge • BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM A %nn W. Jones County Judge Tony Jones OJ' e Conmssioner Pct 1 J WiGaim S. Thornton Q Commissoner Pct 2 07 Randy Sims Commissioner Pct 3 RAIDGE ~Q1 Carey cauley Corns oner Pct 4 Date 2- 2 8- 02- I. LAND OWNER AND ADDRESS & -1 C~~e • 5Q77 k&vv,4rr) " --a- 7-)8o7 II. LOCATION OF WORK S'a .y~ III. DESCRIPTION OF WORK TO BE DONE a p a w 491 h e 2- J t Y~C s o s 17~ IV. MAINTENANCE . YES NO 6--` IF YES, ESTIMATE FREQUENCY OF MAINTENANCE (Owner will be notified prior to maintenance) Richard F. Vance, P ngineer AI a oreman/Right of Way Agent County Engineer Owner's Signat re: DATE Q 4a W 3 v ~ 3 U