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HomeMy WebLinkAbout2005-05-17-6:00PM-RegularBRAZOS COUNTY BRYAN, TEXAS - NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE 1 SESSI 3232 E 1. 2. MISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR ON 17 MAY 2005 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, RCREST DRIVE, BRYAN, TEXAS. and Pledge of Allegiance - Commissioner Peters for citizen's input and/or concerns. aside nd take action on agenda items 3 -18: 3. B get Amendment 04/05-27.1 thru 04/05-27.5 4. P40sonnel Change of Status. 5. P0nent of Claims. 6. T1 i' Help America Vote Act (HAVA) Grant Award Agreement, Amendment 1. 7. R olution~ 003 required as part of the HAVA grant award agreement Amendment 1. 8. E rgency Management Performance Grant sub-recipient grant award to Brazos County E rgency Management. 9. S*1ement of Support for the National Guard and Reserve. 10. ,juest by Isaac Butler, Jr., Precinct 4 Constable, for permission to appoint Peter rew Schulte as a non-paid Deputy Constable. 11. R t wa l of Bid 2004-028 Office Supplies with Wilton's Office Works for an ad onayear, without any increase in price, for the period from 6/30/2005 through 6/ 2006. New bid number will be 2005-029R. Office o he County Judge • 300 East 2& St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 VOL LAiPAGE_),____ ............JlV UC1 J . -Ul l MgnJua 17 May 2005 Page 2 12. endment to the water treatment program contract with Fort Bend Services, Inc. to 1 Jude a fuel surcharge of 3%. 13. newal of Bid 2004-048RB - Internet Service Provider for Brazos County, with aged Network Solutions for an additional year, without any increase in price, for the iod from 6/11/2005 through 6/10/2006. New bid number will be 2005-027R. 14. quest from Verizon Communications to construct a road bore and 427 feet of buried c le in the new right of way of North Dowling Road beginning approximately 140 feet east of its intersection with Woodlands Drive. Site is located in Precinct 1. 15. lquest from Wickson Creek Special Utility District to construct a road bore in the right o Tway of Andert Road for water line installation. Site is located in Precinct 2. 16. uest from Wickson Creek Special Utility District to construct a road bore in the right o w ay of Wallis Road (approximately 600 feet from its intersection with Old Reliance ad) for water line installation. Site is located in Precinct 2. 17. F al plat of Fisher Ranch Subdivision Phase 1, 42.208 acres (block 1 lots 1-10, block 2 1 1-5, block 3 lots 1-5), G. H. Coleman Survey, A-10, Brazos County, Texas. Site is 1 ated in Precinct 2. 18. B an Texas Utilities' cost estimate of $6,637.24 to relocate an overhead electric utility p e at the County's request to accommodate Koppe Bridge Road renovations. Site is 1 ted in Precinct 1. 19. ouncement of interest items and possible future agenda topics. 20. C 1 for citizen input and/or concerns. 21. AMency / Board / Committee reports by Court members. 22. Cvene into Executive Session pursuant to §551.072 of the Texas Government Code to di uss the acquisition of real property. 23. Coosider and possible action on the Executive Session. 24. Ernest Money Contract between First Baptist Church of Bryan, Inc. and Brazos County fo l the purchase of property if necessary. 25. Atliourn The Brazos nter is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be mad two business days before the meeting. To make arrangements, call (979) 3614102. PAGE a YOL( COMMISSIONERS' COURT REGULAR MEETING MAY 17, 2005 A regular meeting of the Commissioners' Court of Brazos ty, Texas was held in the Brazos Center 3232 Briarcrest D ve, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. o Tuesday, May 17, 2005 with the following members of the C#rt present: Randy Sims, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, 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. Commissioner Peters gave the invocation and led the plodge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #04/05-27.1 t ough 27.5, which would reallocate funds for Justice of the P ce, Precinct 4, Metropolitan Planning Office, and 272nd DLrict Court; transfer funds from Contingency to C issioner's Court Administration and adjust the budget for thb Law Enforcement Officers Standards and Education Fund. On ion by Commissioner Cauley, )1 Page 3 seconded by Commissioner C issioners Court meeting May 17, 2005 2 Paters, the Court voted unanimously to approve the budget a ndment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of loyees as submitted on the attached Personnel Action ests. Commissioner Wassermann noted that Yves Raoelina in t# Juvenile Services Department had not resigned but was m ely reassigned. He was called up for military duty and will r urn upon discharge. On motion by Commissioner Peters, s onded by Commissioner Mallard, the Court voted unanimously t411 approve the change of status on the condition that the c4,trection be made on the change of status of Yves Roaelina. The Court next considered the following Claims as s mitted by the County Treasurer for payment: 7006874 through 7007107 0 motion by Commissioner Peters, seconded by Commissioner W sermann, the Court voted unanimously to approve the Claims ail submitted. The next matter before the Court was consideration of the H p America Vote Act (HAVA) Grant Award Agreement, Amendment 1 On motion by Commissioner Peters, seconded by Commissioner C 'ley, the Court voted unanimously to approve Amendment 1. A c ,y is attached. The next matter before the Court was the adoption of 1 6 ~ Page C issioners Court meeting May 17, 2005 3 R Volution #05-003 Amendment 1. The County Judge noted that tIoP number on the agenda was incorrect and that it should have b4in noted as #05-003. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously t 'adopt Resolution #05-003 agreeing that the expenditure of f lids in accordance with any agreement between Brazos County an J the State of Texas Office of the Secretary of State pursuant to Title I, Section 101 and Title II, Section 251 of t Help America Vote Act (HAVA) shall be, or in the case of r roactive payments, was in consultation and agreement with ti ~ county election official(s) and the county financial o 'ice of Brazos County. Included in the motion was to a oint the County Judge as the authorized official with s ning authority on behalf of the county. The Court next considered acceptance of the Emergency M 'agement Performance Grant Program sub-recipient grant award t Brazos County Emergency Management. On motion by C issioner Cauley, seconded by Commissioner Peters, the Ctort voted unanimously to accept the Emergency Management P formance Grant Program sub-recipient grant award and to a horize the County Judge to accept such grant funds as may tendered. On motion by the County Judge, seconded by Commissioner 161_ Page C issioners Court meeting May 17, 2005 4 P ers, the Court voted unanimously to adopt a statement of support, supporting the men and women now serving in America's N ional Guard and Armed Forces Reserve. The Court next considered a request from Constable P cinct 4, Isaac Butler, Jr., to appoint Peter Andrew S ulte, as non-paid Deputy Constable. On motion by C issioner Cauley, seconded by Commissioner Peters, the C rt voted unanimously to approve the request from Constable B ler to appoint Peter Andrew Schulte as non-paid Deputy C listable subject to appointment being within the allotted n ber of deputies. The next matter before the Court was consideration of the r ewal of Bid 2004-028-Office Supplies with Wilton's Office W ks for an additional year. There is no increase in price f the period beginning June 30, 2005 through June 29, 2006. 0 motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal with the new bid number of 2005-029R. The Court next considered an amendment to the contract w' h Fort Bend Services to include a fuel surcharge of 30. T s is necessitated due to skyrocketing fuel costs, coupled w' 'h increasing expenses for vehicle maintenance and i urance. On motion by Commissioner Peters, seconded by Page ~ C issioners Court meeting May 17, 2005 5 C issioner Wassermann, the Court voted unanimously to a rove the amendment to the contract. A copy is enclosed. The next matter before the Court was consideration of the r ewal of Bid 2004-048RB, Internet Service Provider. The I ormation Technology Department and the Purchasing D artment are requesting that the bid be renewed with Managed N work Solutions for an additional year without any e alation in price for a period beginning June 11, 2005 t ough June 10, 2006. On motion by Commissioner Cauley, s onded by Commissioner Peters, the Court voted unanimously t approve the renewal under the new RFP No. 2005-027R. The Court next considered the request from Verizon to c struct a road bore and 427 feet of cable installation in t new right-of-way of North Dowling Road beginning a roximately 140 feet northeast of its intersection with W dlands Drive. The site is located in Precinct 1. The C my Engineer stated that all appeared to be in order and r ommended approval. On motion by Commissioner Wassermann, s onded by Commissioner Peters, the Court voted unanimously t approve the request by Verizon and authorized the i tallation. A copy of the request is attached hereto. The Court next considered the request from Wickson Creek S cial Utility District to construct a road bore for 1~ Page C issioners Court meeting May 17, 2005 6 w erline installation in the right-of-way of Andert Road. T site is located in Precinct 2. The County Engineer stated t t all appeared to be in order and recommended approval. On m ion by Commissioner Peters, seconded by Commissioner C ley, the Court voted unanimously to approve the request f m Wickson Creek Special Utility District and authorized the i tallation. A copy of the request is attached hereto. The Court next considered the request from Wickson Creek S cial Utility District to construct a road bore for w erline installation in the right-of-way of Wallis Road adoroximately 600 feet from its intersection with Old Reliance d. The site is located in Precinct 2. The County Engineer s ted that all appeared to be in order and recommended a ;roval. On motion by Commissioner Peters, seconded by Cmmissioner Wassermann, the Court voted unanimously to a rove the request from Wickson Creek Special Utility D''trict and authorized the installation. A copy of the reldtuest is attached hereto. The Court next considered approval of the Final Plat of F' her Ranch Subdivision Phase 1, 24.208 Acres, Block 1 Lots 1 0, Block 2, Blots 1-5, Block 3, Lots 1-5 in Precinct 2. Ri#ard Vance, County Engineer, stated that he had reviewed tjq plat and all appeared to be in order and recommended ILO Page $ Co issioners Court meeting May 17, 2005 7 a eptance as submitted. On motion by Commissioner Peters, s onded by Commissioner Cauley, the Court voted unanimously t approve the final plat of Fisher Ranch Subdivision Phase 1, 2 !208 Acres, Block 1 Lots 1-10, Block 2, Blots 1-5, Block 3, Ldts 1-5 as submitted. The Court next considered acceptance of the Bryan Texas Utilities cost estimate of $6,637.24 for relocation of an olorhead electrical utility pole to accommodate improvements tc!IjKoppe Bridge Road in Precinct 1. On motion by Commissioner sermann, seconded by Commissioner Peters, the Court voted nimously to accept the Bryan Texas Utilities cost estimate $6,637.24 for relocation of an overhead utility pole on KcOpe Bridge Road. Under announcement of interest items and possible future a nda topics the following spoke: County Judge a) It appears that he will be the only member of the Court attending the Annual North & East County Judges and Commissioners Conference in Nacogdoches this coming June. Since there will be a quorum the Commissioners Court meeting for that date will not be cancelled. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, following spoke: 1 °j Page iioners Court meeting May 17, 2005 g Commissioner Mallard a) He had a great trip to Washington with the Chamber of Commerce. At 6:15 p.m. the County Judge announced the meeting c ]Ised to the public so that the Court could meet in Closed E cutive Session to discuss the acquisition of real property a allowed under Section 551.072 of the Texas Government Cdde. At 6:49 p.m. the County Judge announced the meeting open t the public and on motion by the County Judge, seconded by C issioner Peters, the Court voted unanimously to submit an E nest Money Contract in the amount of $20,000.00 to the F] st Baptist Church for the purchase of the church property a the corner of 27th Street and Texas Avenue. There being no further business to come before the Cc4rt, the meeting was adjourned. 1 0 Page )0 BRAZOS COUNTY COMMISSIONERS COURT MEETIJ~ ON Pl) 2006AT Name Organization/Department l~ ~4-~" rtd G ~cv ~•xGT Zee ~ r&64 lF- v U a PAGE- VOL-b B RAZ MEETI N S COUNTY COMMISSIONERS COURT G ON l 2005-AT 6-'(D A% Name Organization/Department ul [ coke . i VOL~PAGE 13 . u~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-27.1 thru 04/05-27.5 j this the 17`h day of May 2005 at a regular meeting of the Commissioners' Court, the following members Rere present: dy Sims, County Judge, Presiding yd Wassermann, Commissioner, Precinct 1 uane Peters, Commissioner, Precinct 2 Kenny Mallard, Commissioner, Precinct 3 Cy Cauley, Jr., Commissioner, Precinct 4 en McQueen, County Clerk The follo ng proceedings were held: T WHEREAS, on 17 May 2005 the Court heard and approved a budget amendment for the 2004- 2005 bud t year for Brazos County, Texas; and 6, an expenditure is necessary due to the necessity to meet unusual and unforeseen could not be reasonably included in the original budget adopted 25 August 2004 the ient(s) to the original are hereby authorized, as described on the attached page(s). D AND APPROVED this the 17`h day of May 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Wis, County Judge Original: I County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL b I PAGE 1T BUDGET AMENDMENTS No. 04/05 - 27.1 5117/7nns FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24401100 65450000 CR Office Equipment 25.72 0100 24401100 67286000 CR Equipment - Other 75.00 0100 24401100 67670000 CR Printers 100.00 0100 24401100 67342000 DR Furniture 200.72 JP Pct.4: To reallocat he funds for purchasing furn iture. 131 , Y N 1 fJ Approved BlY, 5/9/2005 I'D ate: VOL ~D I PAGE BUDGET AMENDMENTS No. 04/05 - 27.2 5/17/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 424100 67211000 Software 940.00 3000 424100 71506000 Rental - Office Space 940.00 MPO: To reallocat he funds to cover the increased operating expenses for Clarke & Wyndham. d Biz .,,r ifj'Apn~~ cc13yr .fi r t s rt ♦ .,h a, ~ yea : 5/9/2005 VOL [ PAGE ~~P BUDGET AMENDMENTS No. 04/05 - 27.5 5/17/7664 FD DIV ACCT PROJ DR/CR v ACCOUNT NAME Increase Decrease 0100 22100100 60170000 CR Co ier/Printer Supplies 100.00 0100 22100100 61280000 CR Dues 50.00 0100 22100100 61490000 CR Petit Jury Expense 51.41 0100 22100100 61620000 CR Subscriptions & Publications 260.00 0100 22100100 61801000 CR Travel 300.00 0100 22100100 65200000 CR Copier Maintenance 200.00 0100 22100100 52500000 DR Contract Services 260.00 0100 22100100 61110000 DR Conference & Seminars 300.00 0100 22100100 65150000 DR Computer Maintenance 401.41 272nd Distr i Court: To reclassi at budget to cover the outs tandin expenditure. VOL ~ IPAGE- i BUDGET AMENDMENTS No. 04/05 - 27.3 5/17/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 1800 30000100 I 61151100 DR. LEOSE Constable Pct 1 19.76 1800 30000100 61151200 DR. LEOSE Constable Pct 2 184.47 1800 30000100 61151300 DR. LEOSE Constable Pct 3 413.32 1800 30000100 61151400 DR. LEOSE Constable Pct 4 229.74 1800 30000100 61151800 DR. LEOSE County Attorney 66.79 1800 30000100 61151900 DR. LEOSE District Attorney 141.65 1800 30000100 61152800 DR. LEOSE Sheriff 6,920.94 1800 48063000, CR. LEOSE Training 317.38 1800 47010000 DR. Reserve Fund Balance 6,968.41 Law Enforce nt Officers Standards and Education (LEOSE) During the bu et process the reserve funds at the fiscal year end as well as the estimated for the following ars allocation are estimated. The current years funds are not received until March; theref , this amendment is to adjust the budget to the actual funds available. Prepared By: Date: i Approved By: 5/9/2005 Dater oS' VOL ~IPAGE 19 BUDGET AMENDMENTS No. 04/05 - 27.4 5/17/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 130,000.00 0100 11000100 53310000 DR Retiree Health Insurance 130,000.00 Commision s' Court Administration To allocate f ding to Commissioners' Court Administration to cover the premiums of retiree health insurance. This amount i an estimate based on the previous eight months, if the County has any other personnel retiree more nds maybe required. Preparcd,By: Date: ` ifj Approved By: 5/11/2005 Data: YQLAPAGE 19' Elections E P.O. Box 1: Austin, Tex www.sos. The State of Texas sion .0 78711-2060 ite.tx.us Roger Williams Secretary of State Phone: 512-463-5650 Fax: 512-475-2811 TTY: 7-1-1 (800) 252-VOTE (8683) HELP AMERICA VOTE ACT GRANT AWARD AGREEMENT AMENDMENT 1 Part A General SECTIO 1.1 is amended to read: 1.1. This agreement is made by Brazos COUNTY ("COUNTY") to the STATE OF TEXAS, OFFICE OF THE SECRETARY OF STATE ("SOS") and is authorized pursuant to Title 1, Section 101 (CFDA No. 39.011) and Title II, Section 251 (CFDA No. not available) of the Help America Vote Act (HAVA), Public Law 107-252, October 29, 2002; 42 U.S.C. 15301. This agreement encompasses the original grant award agreement issued on September 14, 2004 ("ORIGINAL AWARD AGREEMENT") and this grant award agreement amendment issued on April 29, 2005 ("AMENDMENT I"). SECTIO 2.1 is amended to read: 2.1. The funding identified in this agreement is federal funding from (federal) fiscal year 2003 and 2004 appropriated funds with applicable state match coming from 2004/2005 and 2005/2006 (state) fiscal year appropriated funds: SECTIO 6.2.3 is added to SECTION 6.2: 6.2.1 If the available funding indicated in Section 7.1.2 of this agreement exceeds the amount required to acquire a HAVA-compliant accessible voting system in each polling location, funds may be used for reimbursement of costs incurred as a result of purchasing other equipment or software consistent with Section 9 of this agreement. PARAG PH b) is added to SECTION 6.3.1: b) Funds may be used for reimbursement of costs for maintenance and storage of voting equipment purchased pursuant to this agreement. PARAG 11 a) of SECTION 6.3.2 is amended to read: a) Refer to Sections 6.2.1 and 6.2.2 of this agreement. SECTIO 7.1.3 is amended to. read: 7.1 General Title III Compliance - $1,132,036.34 (Includes $158,984.08 from federal fiscal year 2003 appropriated funds and $973,052.26 from federal fiscal year 2004 appropriated funds.) HAVA - Title I, Section 101 and Title II, Section 251 Amendment 1 - Page I of 2 VOL~PAGE c2 } SECTIO 11.3 is added to SECTION 11: 11.3 f the COUNTY utilizes a term contract through the Texas Building and Procurement Commission, the requirements described in Section 11.1 may be satisfied by submitting a copy of the purchase order via fax or mail to the Secretary of State's Office: Voting System Contract Verification Elections Division Texas Secretary of State P.O. Box 12060 Austin, Texas 787 1 1-2060 512-475-2811 (fax) Part B re-Award Requirements SECTIO 12. 1.1 and 12.1.4 are amended to read: 12. 1. ORIGINAL AWARD AGREEMENT signed by the countyjudge and the secretary of state. 12. 4. AMENDMENT 1 signed by the countyjudge and the secretary of state. SECTIO 18.4.3 is added to SECTION 18.4: 18. 3. Effective January 1, 2007, equipment that does not meet the voting system standards for disability access (e.g., non-accessible DREs will not be eligible for reimbursement). SECTIO 18.8.6 is added to SECTION 18.8: 18. ~ 6. Air fare receipt. PARAG PHS a), c) and d) of SECTION 19.3.3 are amended to read: a) Upgrading voting systems to comply with new federal standards - As described in Section 19.1 of this agreement thru August 31, 2006. Reimbursement of costs consistent with Section 6.3. Lb) of this agreement may be requested for obligations incurred through December 31, 2008. c) Voter education - September 1, 2004 thru December 31, 2008. d) Election worker education - September 1, 2004 thru December 31, 2008. IN WITNElf WHEREOF, the SOS and the COUNTY have executed this agreement. 4/29/2005 Signature) Date Roger Williams (Printed Name) of the Secretary of State Signature) Date (PrintM Name) Brazos County HAVA - Title I, Section 101 and Title 11, Section 251 Amendment 1 - Page 2 of 2 VOL& /PACE P't Elections Di ion Phone: 512-463-5650 P.O. Box 121160 Fax: 512-475-2811 Austin, Tex 8711-2060 TTY: 7_1.1 sos..rt te.tx.us (800) 252-VOTE (8683) HELP AMERICA VOTE ACT GRANT AWARD AGREEMENT AS AMENDED APRIL 29, 2005 Part A - G eral 2 SECTI 1. AUTHORITY .......................................................................................................................2 SECTI 2. SOURCE 2 SECTI 3. APPLICABILITY 2 SECTI 4. ADOPTIONS BY REFERENCE ..........................................................................................2 SECTIC 1 4 5. GRANT OFFICIALS ............................................................................................................2 SECTIC 1 4 6. FUNDING PURPOSE AREAS ............................................................................................3 SECTIC 1 4 7. ELIGIBLE FUNDING BY PURPOSE AREA .....................................................................4 SECTI 8. VOTING SYSTEM DEADLINE .........................................................................................4 SECTI 9. VOTING MACHINE STANDARDS ...................................................................................5 SECTI 10. PAPER AND CENTRAL COUNT VOTING SYSTEMS ...................................................5 SECTI 11. STATE VOTING SYSTEM CERTIFICATION ..................................................................5 Part B - Pr Award Requirements ........................................................................................................................6 SECTI 12. GRANT AWARD PROCESS ..............................................................................................6 SECTI 13. RESOLUTION FROM THE GOVERNING BODY ............................................................6 SECTI 14. FORMS FOR APPLYING FOR GRANT FUNDING .........................................................7 SECTI 15. CERTIFIED ASSURANCES ...............................................................................................7 Part C - Po Award Requirements .......................................................................................................................8 SECTI 16. FINANCIAL MANAGEMENT STANDARDS ..................................................................8 SECTI 17. PAYMENT ...........................................................................................................................8 SECTI 18. ALLOWABLE COSTS ........................................................................................................8 SECTI 19. PERIOD OF AVAILABILITY OF FUNDS (GRANT PERIOD) ........................................9 SECTIO 20. PROGRAM INCOME ........................................................................................................10 SECTIO 21. AUDIT ................................................................................................................................10 SECTIO 22. CHANGES ..........................................................................................................................10 SECTIO 23. PROPERTY MANAGEMENT ..........................................................................................11 SECTIO 24. COPYRIGHTS ...................................................................................................................11 SECTIO 25. PROCUREMENT ...............................................................................................................11 SECTIO 26. REPORTS ...........................................................................................................................11 SECTIO 27. RECORDS RETENTION ...................................................................................................11 SECTIO 28. MONITORING ...................................................................................................................12 SECTIO 29. REMEDIES FOR NONCOMPLIANCE ............................................................................12 Part D - A -the-Grant Requirements ..............................................................................................................12 SECTIO 30. CLOSEOUT ........................................................................................................................12 SECTIO 31. COLLECTION OF AMOUNTS DUE ................................................................................13 HAVA - Title I, Section 01 and Title 11, Section 251 Award Agreement - Page 1 of 13 VQL PAGE The State of Texas Roger Williams Secretary of State Part A SECTION 1. AUTHORITY 1.1. is agreement is made by BRAZOS COUNTY ("COUNTY") to the STATE OF TEXAS, FFICE OF THE SECRETARY OF STATE ("SOS") and is authorized pursuant to Title 1, ection 101 (CFDA No. 39.011) and Title II, Section 251 (CFDA No. not available) of the Help erica Vote Act (HAVA), Public Law 107-252, October 29,2002; 42 U.S.C. 15301. This greement encompasses the original grant award agreement issued on September 14, 2004 ~pril RIGINAL AWARD AGREEMENT") and the grant award agreement amendment issued on 29, 2005 ("AMENDMENT I"). SECTION 2. SOURCE 2.1. The funding identified in this agreement is federal funding from (federal) fiscal year 2003 and 004 appropriated funds with applicable state match coming from 2004/2005 and 2005/2006 state) fiscal year appropriated funds: 2. .'i . Title I, Section 101 - 100% federal (see Section 6.1 of this agreement for purpose area). 2.1. Title 11, Section 251- 95% federal / 5% state (see Sections 6.2 and 6.3 of this agreement for purpose areas). MO 3. APPLICABILITY 3.1. he terms and conditions set forth in this agreement apply to and must be adhered to by the OUNTY referenced in Section 1 of this agreement. SECTIOr#14. ADOPTIONS BY REFERENCE 4.1. lthough the SOS has attempted to highlight the most relevant rules and guidelines through this greement, the COUNTY must abide by the applicable Office of Management and Budget (OMB) irculars and the Uniform Grant Management Standards (UGMS) adopted pursuant to the niform Grant and Contract Management Act of 1981, Chapter 783, Texas Government Code see Texas Administrative Code Title 1, Part 1, Chapter 5, Subchapter A, Division 4, §§5.141 - .167). 4.2. GMS incorporates the relevant OMB Circulars as outlined below: 4.2 1. Cost Principles for State and Local Governments and Other Affected Entities (Chapter II of UGMS, which incorporates OMB Circular A-87). 4. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Chapter III of UGMS, which incorporates OMB Circular A-102 and "Common Rule", Administrative Requirements, 53 FR 8087, March 11, 1988). 4. State of Texas Single Audit Circular (Chapter IV of UGMS, which incorporates OMB Circular A-133). 4.3. he OMB Circulars can be found at http://www.whitehouse.gov/omb/circulars/ and UGMS can e accessed through the Governor's Office website at h :/ttp /www.govemor.state.tx.us/. SECTIO j . GRANT OFFICIALS f~uthorized 5.1. Official - The COUNTY judge must serve as the authorized official for the COUNTY d must be designated as such in the resolution (see Section 13.1.4 of this agreement). The thorized official has signing authority on behalf of the COUNTY and is responsible for suring the necessary forms are submitted through the Texas HAVA online grant system (see ction 14 of this agreement). 5.2. Election Official(s) - The COUNTY election official(s) include the executive officer(s) of the ffices(s) responsible for conducting elections and maintaining the voter registration list in the OUNTY (e.g., the elections administrator or the county clerk and/or voter registrar). The HAVA -Title I, Sect nJ 1 and Title I ection 251 Award Agreement- Page 2 of 13 5.3. election official(s) of the COUNTY must be consulted and concur with all expenditures pursuant to this agreement (see Section 13. of this agreement). Financial Officer - The COUNTY auditor or treasurer must serve as the financial officer for the county. The financial officer is responsible for establishing and maintaining financial records to accurately account for funds awarded to the COUNTY. These records shall include both federal funds and all matching funds of state and local organizations, when applicable. The financial officer is also responsible for requesting payments through the Texas HAVA online grant system (see Section 17 of this agreement). SECTION 6. FUNDING PURPOSE AREAS 6.1. [[County Education Fund 6. ! 1. These funds are to be used for reimbursement of costs incurred as a result of attending professional election training such as conferences and seminars. 6. 2. Expenditures under this fund may be incurred by the offices(s) of the COUNTY election official(s) as defined in Section 5 of this agreement. If the election duties are split between more than one office (e.g., the county clerk and voter registrar), funding must be made available and expended in consultation and agreement between the offices. 6.2. 1 ,Accessible Voting System in Each Polling Place This requirement may be met by having at least one accessible direct recording electronic voting system ("DRE") or other system equipped for individuals with disabilities at each polling place. If the available funding indicated in Section 7.1.2 of this agreement exceeds the amount required to acquire a HAVA-compliant accessible voting system in each polling location, funds may be used for reimbursement of costs incurred as a result of purchasing other equipment or software consistent with Section 9 of this agreement. 6.3. I eneral Title III Compliance 6. Upgrading voting systems to comply with new federal standards. a) Funds may be used for reimbursement of costs incurred as a result of purchasing equipment or software consistent with Section 9 of this agreement. b) Funds may be used for reimbursement of costs for maintenance and storage of voting equipment purchased pursuant to this agreement. 6.3.2. Acquiring an accessible voting system in each polling place. a) Refer to Sections 6.2.1 and 6.2.2 of this agreement. 6. Voter education - Funds may be used for reimbursement of costs incurred as a result of educating voters on the following: a) How to verify/review selections before casting the vote. b) How to change or correct any error on the ballot before casting the vote. c) How to avoid over-voting. d) How individuals with disabilities, including non-visual accessibility for the blind and visually impaired, can access the voting system in a manner that provides the same opportunity for privacy and independence as other voters. e) How the county's voting system provides alternative language accessibility pursuant to the requirements of Section 203 of the Voting Rights Act of 1965. HAVA - Title I, Section 101 and Title II, Section 251 Award Agreement - Page 3 of 13 VOL~PAGE 6.111. These funds are to be used for reimbursement of costs incurred as a result of acquiring a HAVA-compliant accessible voting system in each polling location. T f) What constitutes the uniform definition of the voting system(s) in use in the county. 6. g) How to vote a provisional ballot, including written information on how the voter can ascertain whether his or her vote was counted, and if not counted, the reason given. Voter education - Funds may be used for reimbursement of costs incurred as a result of producing the following information to be posted at each polling place on the day of an election: a) A sample version of the ballot that will be used for that election. b) Information regarding the date of the election and the hours during which polling places will be open. c) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot. d) Instructions for mail-in registrants and first-time voters under section 303(b) of HAVA. e) General information on voting rights under applicable Federal and State laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated. f) General information on Federal and State laws regarding prohibitions on acts of fraud and misrepresentation. Election worker education - Funds may be used for reimbursement of costs incurred as a result of educating election workers on the following: a) How a voter verifies/reviews selections before casting the vote. b) How a voter changes or corrects any error on the ballot before casting the vote. c) How a voter avoids over-voting. d) How individuals with disabilities, including non-visual accessibility for the blind and visually impaired, can access the voting system in a manner that provides the same opportunity for privacy and independence as other voters. e) How the county's voting system provides alternative language accessibility pursuant to the requirements of Section 203 of the Voting Rights Act of 1965. f) What constitutes the uniform definition of the voting system(s) in use in the county. g) Provisional voting procedures. SECTIO 7. ELIGIBLE FUNDING BY PURPOSE AREA 7.1. ach allotment of funding outlined below will have its own budget and grant period and must be ccounted for separately in the Texas HAVA online grant system, as well as the COUNTY ccountina records: 7.1$ . County Education Fund -$9,000.00 7. Accessible Voting System in Each Polling Place - $327,000.00 7. 1 i3. General Title III Compliance - $1,132,036.34 (Includes $158,984.08 from federal fiscal year 2003 appropriated funds and $973,052.26 from federal fiscal year 2004 appropriated funds.) SECTIO 8. VOTING SYSTEM DEADLINE 8.1. ffective January 1, 2006, precincts within the requesting county cannot use a punch card or lever oting system for an election. HAVA - Title I, Section 101 and Title Il, Section 251 Award Agreement - Page 4 of 13 8.2 SECTI Effective January 1, 2006, each polling place within the requesting county must have a voting system that will be accessible for individuals with disabilities, including non-visual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for privacy and independence as other voters. 9. VOTING MACHINE STANDARDS 9.1. The COUNTY ensures all voting systems comply with the following: 9. 1. Permit voter to verify/review selections before casting the vote. 9. 2. Allow voter to change or correct any error on the ballot before casting the vote. 9. 3. Prevent or alert voter if he/she over-votes on the ballot. 9. 4. Produce a permanent paper record with a manual audit capacity. 9. 5. Be accessible for individuals with disabilities, including non-visual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for privacy and independence as other voters. (This requirement may be met by having at least one DRE or other system equipped for individuals with disabilities at each polling site.) 9. 6. Provide alternative language accessibility pursuant to the requirements of Section 203 of the Voting Rights Act of 1965. 9. 7. Ensure error rates (machine errors only) do not exceed the Federal Election Commission or Election Assistance Commission standards. 9.1 8. Maintain consistency with the uniform definition of what constitutes a vote for each voting system in use in the state. 9.1 9. Title 8 of the Texas Election Code. SECTIO 10. PAPER AND CENTRAL COUNT VOTING SYSTEMS 10.1. COUNTY that uses a paper ballot voting system or a central count voting system (including ail-in absentee ballots and mail-in ballots), may meet the requirements in Section 9 of this greement by-- 10 .1. Establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office; and 10 I.2. Providing the voter with instructions on how to correct the ballot before it is cast and counted (including instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error). 10.2. his Section does not in any manner eliminate the requirement of Section 8.2 of this agreement, hich requires that each polling place must have at least one accessible voting system effective anuary 1, 2006. 10.3. a voting system shall ensure that any notification required under this Section preserves the rivacy of the voter and the confidentiality of the ballot. 3ECTIO 111f 11. STATE VOTING SYSTEM CERTIFICATION 11.1. s a condition of funding and pursuant to Section 123.035 of the Election Code, any contract for e acquisition of voting system equipment executed on or after September 1, 2003 must be in ting and be approved by the SOS as to compliance of the voting system and voting system quipment with the applicable requirements. 1. A copy of the relevant portions of the contract containing only the identifying information that the SOS needs to determine whether the version of the system and equipment being HAVA - Title I, Section 101 and Title lI, Se tion 251 Award Agreement - Page 5 of 13 VOL 10 1 PAGE o?_ acquired under the contract complies with the applicable requirements must be submitted to the SOS. 11.2. Pursuant to Section 11.1 of this agreement, the COUNTY may not request reimbursement unless it has received a letter from the state confirming that the voting system and voting system equipment being acquired under the contract satisfies the applicable requirements for approval. 11.3. i If the COUNTY utilizes a term contract through the Texas Building and Procurement Commission, the requirements described in Section 11.1 may be satisfied by submitting a copy of e purchase order via fax or mail to the Secretary of State's Office: Voting System Contract Verification Elections Division Texas Secretary of State P.O. Box 12060 Austin, Texas 787 1 1-2060 512-475-2811 (fax) Part B Pre-Award Requirements SECTIO 12. GRANT AWARD PROCESS 12.1. a grant award will be comprised of the following: 121.1. ORIGINAL AWARD AGREEMENT signed by the county judge and the secretary of state. 12 .2. The resolution described in Section 13 of this agreement. 12 .3. Satisfactory completion of the forms described in Section 14 of this agreement. 12 .4. AMENDMENT 1 signed by the county judge and the secretary of state. SECTIO 13. RESOLUTION FROM THE GOVERNING BODY 13.1. he COUNTY shall submit with this agreement a resolution from its governing body which ncludes, at a minimum, the following: 13 .1. Commissioners Court has agreed that the expenditure of the funds in accordance with any agreement between County and the State of Texas, Office of the Secretary of State pursuant to Title 1, Section 101 and Title 11, Section 251 of the Help America Vote Act (HAVA), Public Law 107-252, October 29, 2002; 42 U.S.C. 15301 shall be, or, in the case of retroactive payments, was in consultation and agreement with the county election official(s) and the county financial officer of County. 13 .2. The County election official(s) include the following: (The office of the officials must be listed out - e.g., the elections administrator, the county clerk, the voter registrar, etc. The actual names of the officeholders do not need to be listed.) 13 .3. Commissioners Court has agreed that in the event of loss, misuse, or noncompliance pursuant to any grant award agreement with the Secretary of State, Commissioners Court assures that the funds will be returned to the Office of the Secretary of State in full. 13.1.4. Commissioners Court has agreed that the county judge will serve as the COUNTY authorized official. The authorized official is the signing authority on behalf of the COUNTY. 13.2. he resolution must be signed by the COUNTY election official(s) and the COUNTY financial fficer as defined in Section 5 of this agreement. HAVA - Title I, Section 07and Title II Section 251 Award Agreement - Page 6 of 13 VOL PACE ~ & SECTI 14.1. 14.2. SECTIO 15.1. The forms will require the COUNTY to provide the following information: a) Basic county information. b) Grant official confirmation. c) Proposed activities per purpose area. d) A budget for each purpose area. SOS reserves the right to require additional information as needed. CERTIFIED ASSURANCES signing this agreement and as the duly authorized representative of the COUNTY, the county ge certifies that the COUNTY: Complies with the required assurances listed in Chapter III (State Uniform Administrative Requirements for Grants and Cooperative Agreements), Subpart B, Section 14 of the Uniform Grant Management Standards. Will not construe the availability of these funds to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.); the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.); the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.); the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.); the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). Will allow the SOS, the Comptroller General of the United States, the State Auditor's Office, any successor agency, or duly authorized representative to audit or investigate the expenditure of funds under this agreement. The COUNTY further agrees to cooperate fully with the audit or investigation, including providing all records requested such as papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. The COUNTY will ensure that this clause concerning the authority to audit or investigate state funds received indirectly by subcontractors through the COUNTY, along with the requirement to cooperate, is included in any subcontract it awards. Will obtain the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations". Will comply with federal retention requirements of maintaining records for at least three years following the submission of the final expenditure report. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3-year period, whichever is later. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program - including the Uniform Grant Management Standards published by the Texas Governor's Office of Budget and Planning and applicable OMB Circulars. HAVA - Title I Section 101 and Title II ection 251 Award Agreement - Page 7 of 13 VOL ?p Ae~E ~ 9 FORMS FOR APPLYING FOR GRANT FUNDING The COUNTY must use forms prescribed by the SOS through the Texas HAVA online grant system. Part C SECTI 16.1. 'lost-Award Requirements 16. FINANCIAL MANAGEMENT STANDARDS financial management system of the COUNTY must meet the following standards: 1 .1. Financial reporting. Accurate, current, and complete disclosure of the financial results of financially assisted activities must be made in accordance with the financial reporting requirements of the grant award. 16 .2. Accounting records. The COUNTY must maintain records which adequately identify the source and application of funds provided for financially-assisted activities. These records must contain information pertaining to grant awards and authorizations, obligations, un- obligated balances, assets, liabilities, outlays or expenditures, and income. 16 .3. Internal control. Effective control and accountability must be maintained for all grant award cash, real and personal property, and other assets. The COUNTY must adequately safeguard all such property and must assure that it is used solely for authorized purposes. 16 .4. Budget control. Actual expenditures or outlays must be compared with budgeted amounts for each grant award. Financial information must be related to performance or productivity data, including the development of unit cost information whenever appropriate or specifically required in the grant award agreement. If unit cost data are grrequired, estimates based on available documentation will be accepted whenever possible. 16 .5. Allowable cost. Applicable OMB cost principles, agency program regulations, and the terms of grant award agreement will be followed in determining the reasonableness, allowability, and allocability of costs. 16 .6. Source documentation. Accounting records must be supported by such source documentation as canceled checks, paid bills, payrolls, time and attendance records, contract and grant award documents, etc. 16.2. i he SOS or its designee may review the adequacy of the financial management system of any pplicant for financial assistance as part of a pre-award review or at any time subsequent to SECTIO 17. PAYMENT 17.1. 11 payments will be made on a cost reimbursement basis no more than once a month based on ctual expenditures. 17 U. The COUNTY may charge to the award only costs resulting from obligations during the funding period. 17 .2. A grantee must liquidate all obligations incurred under the award not later than 90 days after the end of the funding period. 171.3. Payments shall be requested by the COUNTY financial officer via the Texas HAVA online grant system. 17.2. arned program income for the period in which funds are being requested must be reported with he request. SECTIO 18. ALLOWABLE COSTS 18.1. rant funds must be expended in accordance with Chapter II (Cost Principles for State and Local overnments and Other Affected Entities) of UGMS. 18.2. rant funds may only be used for activities approved through the grant award process. 18.3. he following are some of the unallowable costs outlined in Chapter II of UGMS (refer to UGMS 110 review all unallowable costs): HAVA - Title I, Section 101 and Title II, Section 251 Award Agreement - Page 8 of 13 VOL & y PAGE o?0 1 3.1. Membership dues for individuals (the membership must be for the governmental unit). 1 3.2. Costs of promotional items including, but not limited to, hats, drink coolers, t-shirts, toys, pens, pencils, jackets, frisbees, emery boards, fans, dominoes, windshield shades, change purses, and other such novelties or items of nominal value. 1 3.3. Costs of advertising and public relations designed solely to promote the governmental unit. 1 .4. Costs of publicizing or directing attention to any individual official or employee of the COUNTY. 1 .5. Costs associated with influencing the outcome of any election, or the passage or defeat of any legislative measure. 18.4. In addition to the unallowable costs outlined in Chapter H of UGMS, the following uses are not eligible for funding: 1 .i .1. Personnel costs. 1 .2. Indirect costs. 1 .3. Effective January 1, 2007, equipment that does not meet the voting system standards for disability access (e.g., non-accessible DREs will not be eligible for reimbursement). 18.5. he following are guidelines that must be adhered to for travel reimbursements: 18 .1. The COUNTY will be held to the state lodging, mileage, and per diem rates or the COUNTY rates, whichever is less. 1811.2. All reimbursements are limited to the actual cost of meals. 18 .3. Claims may not include: alcoholic beverages, tips, room service, or expenses for any person other than the traveling employee. 18 .4. Claims may only be made for travel outside of the employee's headquartering city. 18.6. a following are the applicable state rates for travel: 186.1. Lodging: Up to $80.00 per day. 18.6.2. Meals: Overnight Travel - up to $30.00 per day; Non-overnight Travel - $0. 18. f .3. Mileage: 35.0 cents per mile. 18.7. is agreement automatically adopts any legislative change to the rates at the time of the effective date. 18.8. a following receipts must be retained for audit purposes: 10 1. Lodging - check-out document reflecting zero balance due. 18. Ri. 2. Parking fees incurred for personal vehicle or car rental. 18. 3. Taxi fares - date, destination, and amount. 18. 4. Gasoline purchased for rental car. 18. 5. Auto rental contract and receipt. 18.3.6. Air fare receipt. SECTIO 9. PERIOD OF AVAILABILITY OF FUNDS (GRANT PERIOD) 19.1. Obligations incurred as a result of acquiring voting equipment, which meets the requirements of ection 301 of HAVA and was acquired after the regularly-scheduled general election for federal ice held in November of 2000, may be reimbursed as long as the expenditures are consistent ith this agreement. HAVA - Title I, Section 101 and Title II, Section 251 Award Agreement - Page 9 of 13 19.2. 19.3. SECTI obligations means the amounts of orders placed, contracts, goods and services received, and dmilar transactions during the grant period that require payment by the COUNTY. ?ayments may be requested for obligations incurred during the following time periods: .1. County Education Fund - June 1, 2004 thru August 31, 2006. .2. Accessible Voting System in Each Polling Place - As described in Section 19.1 of this agreement thru August 31, 2006. .3. General Title III Compliance: a) Upgrading voting systems to comply with new federal standards - As described in Section 19.1 of this agreement thru August 31, 2006. Reimbursement of costs consistent with Section 6.3. Lb) of this agreement may be requested for obligations incurred through December 31, 2008. b) Acquiring an accessible voting system in each polling place - As described in Section 19.1 of this agreement thru August 31, 2006. c) Voter education - September 1, 2004 thru December 31, 2008. d) Election worker education - September 1, 2004 thru December 31, 2008. 20. PROGRAM INCOME 20.1. rogram income means gross income received by the COUNTY directly generated by a grant upported activity, or earned only as a result of the grant agreement during the grant period. During the grant period" is the time between the effective date of the award and the ending date f the award reflected in the final reimbursement request. 20.2. Program income earned during the grant period must be reported when requesting eimbursements as described in Section 17.2 of this agreement. SECTION1121. AUDIT 21.1. uring the grant period, for each COUNTY fiscal year in which the COUNTY expends $500,000 r more of combined federal funding, the COUNTY is responsible for obtaining an audit in ccordance with the Single Audit Act (Amendments of 1996 (31 U.S.C. 7501-7507) and revised MB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations". y such audits shall be made by an independent auditor in accordance with generally accepted overnment auditing standards covering financial audits. 21.2. , after a fiscal year in which grant funds are expended, the COUNTY determines an audit is not quired according to OMB Circular A-133, the COUNTY shall make such certification through e Texas HAVA online grant system. The COUNTY'S chief financial officer shall make the ertification within 60 days of the end of the COUNTY'S fiscal year. SECTIO 2. CHANGES 22.1. he following post-award changes in budgets and projects require prior written approval in the rin of a grant adjustment. 22. i 1. Cumulative transfers among direct cost categories which exceed ten percent of the current award. 22. 2. Transfer of funds allotted for training allowances to other expense categories. 22. 3. Any needs for additional funding or extension of grant period. 22. 4. Any revision of the scope or objectives of the project. 22.2. 11 grant adjustment requests must be submitted prior to the end of the grant period. HAVA - Title I, Section 101 and Title 11, Section 251 Award Agreement - Page 10 of 13 22.3. SECTI The SOS reserves the right to make changes to the grant award at any time. The County will be notified in writing or through the Texas HAVA online grant system of all changes prior to the change taking effect. 23. PROPERTY MANAGEMENT 23.1. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place will, at a minimum, meet the following requirements: 2 1.1. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date and cost of the property, percentage of the SOS participation in the cost of the the location, use anproperty, d condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 23. 'I .2. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 2 3. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. Certain types of equipment are classified as "controlled assets". The Comptroller's State Property Accounting User Manual available on the Internet, contains the most current listing. 23 .4. Adequate maintenance procedures must be developed to keep the property in good condition. 23 .5. If the COUNTY is authorized to sell the property, proper sales procedures must be established to ensure the highest possible return. SECTION 24. COPYRIGHTS 24.1. he SOS reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or therwise use, and to authorize others to use, for federal or state government purposes: 24 .1. The copyright in any work developed pursuant to this grant award; and 24 .2. Any rights of copyright to which the COUNTY purchases ownership with this grant award. SECTIO 25. PROCUREMENT 25.1. The COUNTY shall use its own procurement procedures and regulations, provided that the rocurement conforms to applicable laws and the standards identified in Chapter III (State niform Administrative Requirements for Grants and Cooperative Agreements), Subpart C, eation 36 of the Uniform Grant Management Standards. SECTIO 6. REPORTS 26.1. antees must submit required financial expenditure reports and performance reports. 26. 1. Payment request must be based on actual expenditures (see Section 17 of this agreement); therefore, reimbursement requests will serve as financial reports. 26. 2. Additional reports shall be submitted via the Texas HAVA online grant system. 26. 3. Instructions and due dates will be prescribed via the website. 26. ' 4. SOS may place a financial hold on a grantee's funds for delinquent reports. SECTION 7. RECORDS RETENTION 27.1. e COUNTY must maintain records for at least three years following the submission of the final penditure report. HAVA - Title I' Section 101 and Title II S~jio 251 Award Agreement - Page 11 of 13 v 34. LLB 8---- o3 27.2. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3-year period, whichever is later. SECTION 28. MONITORING 28.1. [Monitoring reviews include programmatic monitoring, financial monitoring, and financial 28.2. The SOS reserves the right to conduct its own audit or contract with another entity to audit the 28.3. The SOS or its designee may conduct monitoring reviews throughout the existence of a grant or conduct an audit after the grant period has ended. The COUNTY must make all grant-related records available to the SOS or its representatives unless the information is sealed by law. 28.4. Monitoring reviews may be on-site or desk reviews and may include any information that the SOS P eems relevant to the project. 28.5. e SOS, or its designee, may make unannounced visits at any time. SECTIO 29. REMEDIES FOR NONCOMPLIANCE 29.1. f a COUNTY fails to comply with any term or condition of this agreement or any applicable statutes, rules, regulations, or guidelines, SOS may take one or more of the following actions: 29 .1. Require the return of funds if disbursements have already been made. 29 .2. Temporarily withhold all payment to the COUNTY pending correction of the deficiency by the COUNTY. 29 .3. Temporarily withhold all payments for other HAVA grant funds awarded to the COUNTY pending correction of the deficiency by the COUNTY. 29 .4. Disallow all or part of the cost of the activity or action that is not in compliance. 29.1.5. Impose administrative sanctions, other than fines, on the COUNTY. 29.1.6. Withhold further HAVA grant funds from the COUNTY. 29.1.7. Terminate the agreement in whole or in part. 29.1 .8. Exercise other remedies that may be legally available. Part D fter-the-Grant Requirements SECTIO 0. CLOSEOUT 30.1. he SOS will closeout the award when it determines that all applicable administrative actions and 11 required work of the grant have been completed. The SOS will provide any necessary dditional information on closeouts. 30.2. a closeout of a grant does not affect: 30. 1. The SOS's right to disallow costs and recover funds on the basis of a later audit or other review; 30. 2. The COUNTY'S, obligation to return any funds due as a result of later refunds, corrections, or other transactions; 302 3. Records retention as required in Section 27 of this agreement; 30. 4. Property management requirements outlined in Section 23 of this agreement; and 30. 5. Audit requirements prescribed in Section 21 of this agreement. HAVA - Title I, Section 101 and Title 11, Section 251 Award Agreement - Page 12 of 13 L~= uE-34 l BRAZOS COUNTY BRYAN. TEXAS RESOLUTION COUI`S with any agreeme State pursuant to Public Law 107-2 was in consulta Brazos County. The Brazos Coum Karen Mc Gerald L. Y Commissioners Court has agreed that the expenditure of the funds in accordance between Brazos County (COUNTY) and the State of Texas Office of the Secretary of tie I, Section 101 and Title II, Section 251 of the Help America Vote Act (HAVA), October 29, 2002; 42 U.S.C. 15301 shall be, or, in the case of retroactive payments, and agreement with the county election official(s) and the county financial office of )n official(s) include the following: Brazos County Clerk Winn, Brazos County Tax Assessor-Collector BRAZOS CO Y Commissioners Court has agreed that in the event of loss, misuse, or noncompliance o e Secretary of State funds, Brazos County Commissioners Court assures that the funds will be retu d to the Office of the Secretary of State in full. BRAZOS COUN Commissioners Court has agreed that the County Judge will serve as the COUNTY authorized official. he authorized official is the signing authority on behalf of the COUNTY. PASSED, APPR D AND ADOPTED this day of May, 2005. andy Sims County Judge Co uiissioner yd Wassermann Commissioner Duane Peters Precis 1 Precinct 2 f __L C2~~_al Commissione nny Malla Commis oner Carey Cau y ` Pr t 3 recinct 4 C Ka Que I Gerald L. «Buddy inn Count Clerk Tax Assessor-Collector Katie Conner County Financial Officer ATTEST- Karen McQuee ,I kouClerk / (//y / V / / PA G / ^ RnoluNon po5.003 .1V Brazos County Emergency Managf Am » 101 Regent Ave. Suite 320 Bryan, Texas 77803 TY OY 9~' 979-361-4140 Fax 979-821-34 TO: The Honorable Randy Sims, Brazos County Judge The Brazos County Commissioners' Court Katie Connor, Brazos County Auditor DeMerle Giordano, EMC DATff May 10, 2005 Emergency Management Performance Grant (EMPG) Our '05 Grant Application has been accepted and approved by the Governor's Divis n of Emergency Management. Please review and vote to approve the attached Sub-r ipient Grant Award. Pleas Rote the amount allotted to Brazos County has been reduced from the previous year $ 3,697.00 to the annual amount of $ 39,795.00. As explained both by letter from DEM Director, Jack Colley and by telephone, the reduction is based on what the State expec to receive from Congress (federal funding) at the time of allotment. Mr. Colley ands will continue to seek additional funding to restore the reduction. It sho d also be noted, that my office, as well as all law enforcement, fire and all others who 1 be responding to emergencies and disasters will have to complete many of the attach tasks. I will be meeting with all responders in the near future. As a part of this progr i r4 will be the acceptance of the National Incident Management System (NIMS) by court solution, and by all responders taking further Incident Command Training (ICS 700). While e attached task are important for emergency management, it even more so for all respo ers and our county. All future Department of Justice (DOJ) funding will tie back to the sk identified. Unfortunately, we only have a few short months to accomplish a huge rkload throughout the county. I will keep you informed as we move forward. 6OL~FAGE ~7 E 0 W x OR'S DIVISION OF EMERGENCY MANAGEMENT Office of the Governor RICK PER) Governor Mailing Address: PO Box 4087 Austin, Texas 78773-0220 Contact Numbers: Duty Hours: 512-424-2138 Non-duty Hours: 512-424-2277 Main Fax: 512-424-2444 STEVEN McCRAW Director Physical Address: Office of Homeland Security 5805 N. Lamar Blvd. Austin, Texas 78752 JACK COLLEY State Coordinator Mr. Den Brazos ( 101 Reg Bryan, T Dear Mr This lett Perform, 1. Grar Giordano, EMC April 29, 2005 Ave Ste 320 77803 ~iord is to advise you that your application to participate in the Emergency Management e Grant (EMPG) program during Fiscal Year 2005 (FY 05) has been accepted. ward. The otice of Sub-recipient Grant Award (Attachment 1) specifies the federal EMPG pro in funding that will be provided during FY 05 and also provides other important terms and 9nditions relating to the grant. A. individual authorized by your City Councilor Commissioner's Court to accept grants behalf of the jurisdiction (typically the Mayor, City Manager, or County Judge) must the first page of Notice of Sub-recipient Grant Award, which is printed on yellow per, to accept the award and activate your grant. Return the signed copy to GDEM ng the mailing address printed at the bottom of the form. Ensure you retain a copy of t signed grant acceptance for your records and provide a copy to the entire grant award ickage to your local financial manager. B. R'V 05 EMPG Grant Allocations amount of your FY 05 EMPG grant has been reduced slightly from your FY 04 d. We will be seeking additional funds and will make every effort to restore the t reduction. 2. Readiked EMPG Tasks. A. ur FY 05 EMPG Program Application (Attachment 2) has been approved. As changes t this document may have been made in order to meet FY 05 program requirements on t w basis of e-mails, facsimiles, and telephone calls from you since you originally submitted it, you should carefully review the approved EMPG Statement of Work & _gPAGE 0)L J T_ Tess Report and the ten EMPG tasks addressed in it. A copy of your current diction Profile, which is a computer-generated record of your program information planning accomplishments currently on file with the Division, is included with your 'oved Program Application. process for reporting results of Task 5 (Exercise Participation & Schedule) on the 'G Statement of Work & Progress Report is being changed. For all exercises lucted on or after May 1, 2005, EMPG participants must prepare and submit to .M an After Action Report (AAR) and Improvement Plan (IP), in the format ;ribed by the DHS Homeland Security Exercise Evaluation Program (HSEEP). The . and IP will replace use of FEMA Form 95-44, Emergency Management Exercise irting System (EMERS), as the method of reporting exercise results and required ctive actions. See Attachment 3 for additional information on the HSEEP. B. le US Department of Homeland Security's FY 2005 EMPG Program Guidelines and ance from the Texas Office of Homeland Security, which were published after EM's FY 05 EMPG Program Guidelines were distributed, require that EMPG icipants complete three additional tasks as part of their FY 05 EMPG program work. se additional tasks include: Task 11. Implement the National Incident Management System (NIMS) at the local level. See Attachment 4 for information about this task. Task 12. Incorporate pertinent information concerning the National Response Plan (NRP) into the local or interjurisdictional emergency management plan and its annexes. See Attachment 5 for information about this task Task 13. Register as a user of the Texas Regional Response Network (TRRN.) and identify resources that the jurisdiction(s) participating in the local emergency management program are prepared to make available to other jurisdictions through mutual aid. See Attachment 6 for further information on TRRN. 3. Task4 Progress & Reporting As n d in the Fiscal Year 2005 Local Emergency Management Program Guide, continued parti ation in the EMPG program is in part conditioned on making proportional progress on your, ork Plan tasks and the timely submission of progress and financial reports. a. P portional Progress in Program Tasks. Proportional progress on Work Plan tasks ns that I expect you to complete a portion of those tasks each quarter rather than IRuently erring most planning tasks, training, exercises, and other activities until the last several the of the fiscal year. Those who try to complete a year's work in several months fail when major emergencies occur late in the year. b. F ancial Reports. Financial reports are due to the Division 15 days after the close of e, x h quarter of the federal fiscal year. Your financial reports for the first and second q rters should have already been submitted. Subsequent reports are due on July 15 and ober 15, 2005. These reports should be sent directly to the GDEM Support Services S tion at the PO box address at the top of the first page of this letter. VOL ~ IF-AGE c. gress Reports. Your first semi-annual progress report was due to the GDEM Ileparedness Section on April 15, 2005. The final progress report is due October 15, 05. As noted previously, these reports should reflect progress in completing the tasks ccntained in your Statement of Work. These reports should be sent directly to the EM Preparedness Section at the PO box address at the top of the first page of this d. jailure to complete the tasks outlined in the approved Statement of Work or to submit rterly financial reports and semi-annual progress reports by the required due dates is use for elimination from the EMPG program. If, after 4iewing, the Notice of Grant Award, you determine that you do not wish to participate in the F 5 EMPG program, please advise me as soon as possible. Should y have any questions regarding the Notice of Grant Award, please contact Sherry Saba of the D ision's Support Services Section at 512/424-2448. If you have questions regarding EMPG s or your Jurisdiction Profile, please contact the Division's Preparedness Section at 512/424- 50. W 1 - Notice of Sub-Recipient Grant Award 2 - Approved Program Application 3 - Homeland Security Exercise Evaluation Program (HSEEP) Information 4 - National Incident Management System (NIMS) Implementation 5 - Coordination of State and Local Plans with the National Response Plan (NRP) 6 - Participation in the Texas Regional Response Network (TRRN) VOL~PAGE qD NOTICE OF SUBRECIPIENT GRANT AWARD GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT Prog m Title: FY 2005 Emergency Management Performance Grant (EMPG) DHS strument Number: 2005-GE-T5-0025 SAA strument Number: 2005-EMPG-9930 GDE11 Grant Number: 05TX-EMPG-020 Admi stered By: Govemor's Division of Emergency Management Texas Department of Public Safety PO Box 4087 Austin, Texas 78773-0220 Reci nt: BRAZOS COUNTY 300 E 26TH ST STE 114 BRYAN, TX 77803- Arno t of Grant: $39,795 Peno Iof Grant: October 1, 2004, to September 30, 2005 I __44 AGENCY APPROVAL I _ GRANT-ACCEPTANCE I Jack Coo! Printed State Coo ator ILDate: I I) / f~ /~J Date: 7 / r - Return Signed Copy of This Page to: Governor's Division of Emergency Management Attention: Preparedness/Denita Powell PO Box 4087 Austin, TX 78773-0220 r Terms and Conditions 1. to (NRP) local e Grant funds will be used to support local comprehensive emergency management programs age improvement of mitigation, preparedness, response, and recovery capabilities for all Funding may be used to support activities that contribute to the capability to manage ices of acts of terrorism. Funds provided may also be used to accomplish initiatives in the Federal Program Guidelines, including local implementation of the National Incident -nt System (NIMS), incorporation of appropriate references to the National Response Plan local plans, homeland. security assessment and strategy integration, and assessment of the •gency management program using Emergency Management Assessment Program (EMAP) 2. Grant ceptance: The Notice of Subrecipient Grant Award is only an offer until the Subrecipient returns he signed copy of the Acceptance of Subrecipient Grant Award in accordance with the instruc ' ns provided in the transmittal letter. 3. Work Be Performed. The approved FY 05 Statement of Work & Progress Report attached to this grant a and outlines 10 tasks that the grantee must perform during the grant period. The following additio 1 tasks are also required of subrecipients: A. Ta1q 11. Implement the National Incident Management System (NIMS) at the local level. B. Tad 12. Incorporate pertinent information concerning the National Response Plan (NRP) into the 1 cal or Interjurisdictional emergency management plan and its annexes. C. T 13. Participate in the Texas Regional Response Network (T.R.R.N.) by registering as a user an entifying resources that the jurisdiction(s) participating in the local emergency management pro am are prepared to make available to other jurisdictions through mutual aid. 4. Grant ding. The amount of this grant may be less than the amount requested in your Application for Fed al Assistance due to limits on federal funding for the EMPG program. However, EMPG grant r ipients should continue to report all eligible expenses in quarterly financial reports. In the event a itional program funding becomes available from the federal government or unspent EMPG funds ain at the end of the fiscal year, the Governor's Division of Emergency Management (GDEr may be able to allocate additional funds to EMPG program participants. 5. Financi and Administrative Requirements. Subrecipient agrees to comply with the applicable fman( i I' and administrative requirements set forth in the current edition of the Office of Justice Progra (OJP) Financial Guide located at http://www.oip.usdoi.lzov/oc/. A. All ergency management program costs for which the Subrecipient seeks reimbursement must be gible in accordance with Attachment A to OMB Circular A-87, Cost Principles for State, Loc , and Indian Tribal Governments. A copy of that document is available at: htjt: www.whitehouse. ov/omb/circulars/index.html. B. Sub cipient agrees to make no request for reimbursement for goods or services procured by the Sub cipient prior to the start of the period of performance stated in this award document or after the d of the period of performance. u C. N ithstanding any other provisions of this document, the parties hereto understand and agree th the obligations of GDEM under this Agreement are contingent upon the availability of ad uate funds to meet GDEM's liabilities hereunder. GDEM shall not be liable to the Su ecipient for costs under this Agreement that exceed the amount specified in the Notice of Su ecipient Grant Award. 6. Single udit Act Requirements. If Subrecipient has expenditures in excess of $500,000 in federal funds all types within a single fiscal year, it must have an audit performed in accordance with the Single udit Act Amendment. Subrecipient agrees to comply with the audit requirements of OMB Circul -133, Audits of States, Local Governments, and Non profit Organizations. 7. Reporti Requirements. Subrecipient agrees to comply with all reporting requirements and shall provide uch information as required by GDEM. Sub-recipients may be required to submit additional inform on and data requested by GDEM and/or the State Administrative Agency after the end of the period performance in order to close out the grant. 8. Review f Work and Expenditures. GDEM may review the work of the Subrecipient with respect to approv program tasks and also review expenditures for which reimbursement is requested as necessa to ensure the federal awards are used for authorized purposes in compliance with laws, regulati is, and the provisions of contracts or grant agreements and that performance goals are achieve These reviews may include, without limitation: comparing actual subrecipient activities to those a roved in the sub-award application and subsequent modifications if any; ensuring that grant funds h e been expended in accordance with applicable guidelines; confirming compliance with grant as rances, and verifying information provided on performance reports and payment requests. 9. Grant St ~ pension or Termination. GDEM may suspend or terminate sub-award funding, in whole or in part, 1 1, other measures may be imposed for any of the following reasons: failing to comply with the req ements of federal or state law, failing to make satisfactory progress toward the goals or objectiv set forth in the sub-award application, failing to follow grant agreement requirements or special ditions, failing to submit required reports, filing a false certification in the application or other re rt or document. 10. Reimbu*ment For Expenses A. Rei ursement for expenses incurred during the fourth quarter of Fiscal Year 2005 will not be disb ed until GDEM receives the second semi-annual EMPG Progress Report, which is due Octo r 15, 2005. B. As EM plans to promptly close out the Fiscal Year 2005 EMPG program with the State Adm istrative Agency, requests for reimbursement of expenses that are delivered or postmarked more an 45 days after the end of the stated period of performance will not be paid. VOL & IPAGE r3 T Fiscal Year 2005 EMPG STATEMENT OF WORK & PROGRESS REPORT m imam name Brazos count Emergency Management This is our: [X] tatement of Work [ ] Progress Report #1 [ 1 Progress Report #2 III 1 of 5 Statement of ork Submitted B DeMerle Giorda Date 9/01/04 DEM Review B Date Pro ress Re #1 Progress Re #2 1 Wo Plan & Semiannual Progress Report lan X e will submit an EMPG Application, two Progress Reports, and quarterly Financial Re orts ss r . is Progress Report # 1 is being submitted to the GDEM Preparedness Section Report #1 . st & Second Quarter Financial Reports have been submitted to GDEM Support Services ss . is Progress Report # 2 is being submitted to the GDEM Preparedness Section Reort #2 . ird & Fourth Quarter Financ ial Reports have been submitted to GDEM Support Services. Task 2 Le Authorities for Emergency Management Program Work Plan [X] a will maintain current legal documents establishing our emergency management program. [X] r legal documents are current & on file with GDEM; no additional action is required. [ j will prepare or update & submit to our Regional Liaison Officer: [ ] Commissioner's Court Order [ ] City Ordinance(s) for: Updated Joint Resolution rrogress [ ] completed & submitted to our Regional Liaison Officer: Report #1 [ ] Commissioner's Court Order [ ] City Ordinance(s) for: Updated Joint Resolution Progress [ ] completed & submitted to our Regional Liaison Officer: Report #2 [ ] Commissioner's Court Order [ ] City Ordinance(s) for: Updated Joint Resolution Task 3 Pub ij c Education/Information Work Plan [X] ption 1: We will conduct 30 hours of hazard awareness activities for local citizens. OR [ ] tion 2: We will prepare & distribute public education/information materials to a substantial rtion of the community. In the space below describe the materials to be distributed. Progress [ j e completed the following hazard awareness or public education/information activities: Report #1 F rogress a completed the following hazard awareness or public education/information activities: eport #2 Y~~ ~••~~c a wFry ul uie marernals you aisrrwuted must be attached to your Progress Report DEM-17B l 7/04 ql PA V E VOL FY 2005 1 1 Page 2 of 5 1 Applicant Nam Brazos Countv Emeraencv Manaaement Task 4 E r enc Management Planning Documents Work Plan [X We have reviewed our emergency management plan & its annexes for currency. [X We will develop or update by revision or change these planning documents: [ ] Basic Plan Annexes: [X] A [ ] B [X] C [ ] D [ ] E [ ] F [ ] G [ ] H [ ] I [ ] J L [ ] M []N [l0 [lP IlQ[lR [lS[]T []U [X] V Ot r documents: N E.• Plans & annexes dated September 30, 2000, & earlier should be revised/u dated this year. Progress [ ] e developed or updated and submitted to our RLO the following documents, together with Report #1 the appropriate planning standards checklists: ( ] Basic Plan Annexes: [ ] A [ ] B [ l C [ l D [ ] E [ ] F [ ] G H [ ] I [ ] J [4K []L [ ] M (lN Il0 [lP []QIIR IISIIT []U [lV Ot r documents: Progress [ ] e developed or updated and submitted to our RLO the following documents, together with Report #2 the ppropriate planning standards checklists: asicPlan Annexes: []A [ ] B [ ] C [lD[lE[IF[IG[IH[]I []J [ K [ ] L [ I M [ l N I l 0[] P Q[] R I l S[ l T [ l U [ I V Ott r documents: Task 5 Ex cise Participation & Schedule Work Plan [X] [X] a will develop & submit a two year exercise schedule (below). a will conduct & report participation in a tabletop exercise and a functional or full-scale Fxercise this fiscal year or obtain exercise credit for actual events for these exercises. EXERCISE SCHEDULE Period Exercise Type Exercise Scenario * Quarter of Year This Fiscal Year ( 05) [X] Tabletop [ ] NH [X] TH [ INS[ ] TR [ ]l [X] 2 [ ]3[ ) 4 (Oct. 2004 - Sept. 05) Functional X Full-Scale NH X TH NS TR 1 X 2 3 4 Next Fiscal Year 06) X Tabletop X NH TH NS TR 1 X 2 3 4 (Oct. 2005-Sept. 0s) X Functional Full-Scale X NH TH NS TR 1 2 X 3 4 A Full-Scale ex ise must be conducted eve three 3 ears Our last Full-Sc a exercise was conducted on date : May 13, 04 Scenario*: NH *Exercise Scen ios: NH = Natural Hazard, TH = Technological Hazard, NS = National Security, TR = Terrorism Progress a conducted a tabletop exercise and provided documentation to GDEM. Report #1 [ j e conducted a [ ] functional, [ ] full-scale exercise and provided documentation to GDEM. [ ] e requested functional or full-scale exercise credit for an actual occurrence from GDEM d our request was approved. Progress [ j conducted a tabletop exercise and provided documentation to GDEM. Report #2 [ ] conducted a [ ] functional, [ ] full-scale exercise and provided documentation to GDEM. [ ] requested functional or full-scale exercise credit for an actual occurrence from GDEM Id our request was approved. DEM-17B 7/04 FY 2005 Page 3 of 5 Applicant Name Brazos County Emergency Management ask 6 Try Work Plan [X] 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Progress [ ] Report #1 pn, ~ 1. 2. 3. 4. 5. 6. 7. 8. 9. Progress F10 Rep ort #2 . 2. 3. 4. 5. 6. 7. 8. 9. DEM-17B 7/04 ng for Emergency Management Personnel IPG-funded emergency management personnel will participate in the following training: )n/Name Course Name(s) or Number(s) Merle Giordano G290; G288 :hele Meade G202 Debri; G288 Don.; G920 Exer. rgency management personnel completed the following training: /Name Course Name(s) or Number(s) management personnel completed the following training: Course Name(s) or Number(s) VOL AAGE `1 7 FY 2005 1 ~ Page 4 of 5 Applicant Nam Brazos County Emergency Management Task 7 Work Plan Progress Report #1 Progress Report #2 (E 1. 2. 3. 4. 5. 6. 7. 8. 9. 1. 2. 3. 4. 5. 6. 7. 8. 9. ency Management Training for Other Personnel will conduct or arrange emergency management-related training for elected officials, ;r local officials, & support agencies. owing individuals completed the training indicated: position/name and training completed) owing individuals completed the training indicated: position/name and training completed) Task 8 Em enc Management Staff Development Work Plan [X] a will participate in the following emergency management staff development activities: An al emergency Management Conference; Hurricane Conference; TG MA and EMAT meetings; Regional Planning meetings; LEPC An al Conference; EM Academy for staff Progress We ompleted the following staff development activities: Report #1 Progress We mpleted the following staff development activities: Report #2 DEM-17B 7/04 PkE q X FY 2005 1jE Page 5 of 5 ppiicant Nam+j Brazos Countv Emeraencv Management REMARKS (Use a Continuation Sheet if necessary) DEM-17B /yJ 7/04 Attachment 3 1. The U implei assess Homeland Security Exercise Evaluation Program (HSEEP) Information ►epartment of Homeland Security (DHS), Office of Domestic Preparedness (ODP), is ting the Homeland Security Exercise and Evaluation Program (HSEEP) to enhance and rorism prevention, response, and recovery capabilities at the Federal, State, and local levels. a threat- and performance-based exercise program that provides doctrine and policy for conducting, and evaluating exercises. 2. As not in the cover letter with your EMPG award package, beginning on May 1, 2005, the FEMA 95-44 will no longer be used to report exercises. Instead, an After Action Report (AAR) and Impro ent Plan (IP) that meets the requirements of HSEEP must be forwarded to GDEM within 45 days a r the exercise is completed. 3. The H EP includes a series of four reference manuals to assist state and local jurisdictions establish exercis programs and design, conduct, and evaluate exercises. In addition, they provide information on the rmat for the AAR and IP. The HSEEP documents can be accessed at 4. The A simply summarizes what occurred during the exercise and analyzes performance of tasks identifi through the planning process as critical and the demonstrated capacity to accomplish the overall exercise goal. The AAR should include data collected from the exercise debrief, participant's feedbac 1. forms, other sources such as plans and procedures, and should compare the actual results with th"ntended outcome. The AAR should include recommendations for improvements based on the exe ise critiques. 5. The IP the means by which the lessons learned from the exercise are directed into concrete measur le steps that result in improved capabilities. The IP will specifically detail what actions will be take to correct each recommendation in the AAR, who or what agency will be responsible for taking ion, and the timeline for completion of each area identified as needing improvement. 6. A form for the AAR and IP can be found in the HSEEP documents on the web site listed above or the GD web site. A sample AAR and IP will be posted on the GDEM web site by May 15, 2005. VOL 0 PACE ~).O 5) B of NIMS training will be required in order to qualify for FY 2006 Homeland Security funding, which includes EMPG funding. ally recognizing the NIMS and adopting the NIMS principles and policies. States, ries, tribes, and local entities should establish legislation, executive orders, resolutions, or races to formally adopt the NIMS. 1) IIA sample City Ordinance and a sample Commissioners Court Order adopting NIMS will be Pailable on the GDEM web site no later than May 15, 2005. 2) I ~ounties and cities that do not adopt NIMS as identified above will not be eligible for omeland Security ODP funding or Emergency Preparedness Performance Grants in FY C. Est4blish a NIMS baseline by determining which NIMS requirements you already meet. 1) a recognize that State, territorial, tribal, and local entities have already implemented many f the concepts and protocols identified in the NIMS. The 2004 DHS Homeland Security rant Program encouraged grantees to begin utilizing the NIMS concepts, principles, erminology, and technologies. The NIC is developing the NIMS Capability Assessment upport Tool (NIMCAST). The NIMCAST is a web-based self-assessment system that tates, territories, tribes, and local governments can use to evaluate their incident response nd management capabilities. This useful tool identifies the requirements established within he NIMS and can assist you in determining the extent to which you are already compliant, as ell as identify the NIMS requirements that you are not currently meeting. As gaps in ompliance with the NIMS are identified, States, territories, tribes, and local entities should se existing initiatives, such as the Office for Domestic Preparedness (ODP) Homeland ecurity grant programs, to develop strategies for addressing those gaps. The NIC will ormally pilot the NIMCAST with a limited number of States in September. Upon ompletion of the pilot, the NIC will provide all potential future users with voluntary access the system. Additional information about the NIMCAST tool will be provided later this 2) IMCAST is now available for use. A User ID is required and can be obtained from Johnna antrell, Homeland Security Supervisor at 512-424-2449 or by e-mail at 3) IMCAST is a tool for assessing your NIMS compliance and you are not required to use it. owever, state and local governments must complete a baseline assessment of their NIMS 4ompliance by the end of FY 2006 and this is the best means of accomplishing this 4) I+ny deficiencies identified in the assessment process should be incorporated into your NIMS plementation strategy to ensure they are addressed and corrected 5) ny issues you are not capable of correcting at the local level should be forwarded to Denita owell, Preparedness Section Administrator by e-mail at denita.powell@txdps.state.tx.us so Tat the issues can be addressed in developing long term strategies for the State. D. Es ;lishing a timeframe and developing a strategy for full NIMS implementation. States, terr ries, tribes, and local entities are encouraged to achieve full NIMS implementation during I 2005. To the extent that full implementation is not possible during FY 2005, Federal aredness assistance must be leveraged to complete NIMS implementation by FY 2006. By 2007, Federal preparedness assistance will be conditioned by full compliance with the IS. Again, in order for NIMS to be implemented successfully across the nation, it is critical States provide support and leadership to tribal and local entities to ensure full NIMS ementation. States should work with the tribal and local governments to develop a strategy tatewide compliance with the NIMS. jurisdictions should develop a strategy by the end of FY 2005 that allows for full NIMS nentation no later than the end of FY 2006. E. In tutionalizing the use of the Incident Command System (ICS). If State, territorial, tribal, an 'local entities are not already using ICS, you must institutionalize the use of ICS (consistent with the concepts and principles taught by DHS) across the entire response system. The 9/11 Co mission Report recommended national adoption of the Incident Command System (ICS) to en nce command, control, and communications capabilities. All Federal, State, territory, tribal, an ocal jurisdictions will be required to adopt ICS in order to be compliant with the NIMS. Ad tional information about adopting ICS will be provided to you by the NIC. ncorporate NIMS into plans, training, exercises, and emergency response procedures Planning (1) During FY 2005, local jurisdictions should review and update (as needed) the following elements of the local emergency management plan to ensure they include the ICS (NIMS): (a) Basic Plan (b) Annex I, Emergency Public Information (c) Annex M, Resource Management (d) Annex N, Direction & Control (e) Annex V, Terrorism Incident Response (2) Updates to these planning documents may be accomplished revising the documents and promulgating the revision with a new date and signature(s) or by using the change process described in the Local Emergency Planning Guide (DEM-10). Revised annexes or numbered changes should be forwarded to GDEM for review. (3) GDEM will post updated local sample planning documents, state planning standards, and planning notes for the planning documents listed above on the GDEM web site by May 15, 2005. Exercises (1) Jurisdictions should begin the process of integrating the NIMS into exercises. (2) All state-sponsored exercises conducted during FY 2005 will include NIMS organization and concepts. (3) Starting in FY 2006, all local exercises must include NIMS in order to obtain credit for federal or state assistance funding. VOL b"I Pace -~53 c) Mutual Aid Agreements Mutual aid agreements provide the means for one jurisdiction to provide resources, facilities, services, and other required support to another jurisdiction during an incident. Each jurisdiction should be party to a mutual aid agreement with all neighboring or nearby jurisdictions, as well as relevant private sector and non-governmental organizations. They should also continue to work with the Council of Governments to develop and join regional mutual aid agreements. d) Communications Continue to work with the Council of Governments on communications interoperability, e) Resource Management (1) The State of Texas adopted the Texas Regional Response Network (TRRN) as the resource database to be used to identify resources available .for mutual aid. During FY 2005, you should input the resources available for mutual aid into this database. Use of this system will be required to be eligible for FY 2006 grant programs. (2) Local jurisdictions should begin the process of developing a comprehensive resource management program that includes: (a) Resource identification and ordering. Using standard processes and methods to identify, order, mobilize, dispatch, and track resources. (b) Resource categorization. Categorizing by size, capacity, capability, skill, and other characteristics to make resource ordering and dispatch more efficient. (c) Use of agreements. Developing pre-incident agreements for providing or requesting resources. (d) Effective Management. Using validated practices to perform key resource management tasks. 2) orporate NIMS into the operation of emergency facilities. If you do not already have an tergency Operations Center (EOC), one should be developed. Department and agency resentatives designated to staff the EOC should be trained, to include completing the IS- NIMS course. EOC Standard Operating Procedures should be updated to include NIMS uirements Attachment 5 Coordination of Local Plans with the National Response Plan (NRP) 1. The , which replaces the previous Federal Response Plan, was published in December 2004. The le r of instruction in the plan requests that local and tribal governments: A. In ddition to notifying the State of significant emergency incidents through your Disaster D' rict, also make notification to local and regional Joint Terrorism Task Forces (JTTFs) and the DI IS Homeland Security Operations Center (HSOC), as appropriate. B. Coordinate as needed with the HSOC regarding procedures for establishing connectivity for do estic incident management purposes. Local government procedures should be coordinated wi the State, specifically the GDEM Operations Section. C. M ify existing incident management and emergency operations plans within 120 days (or no lat than the next major plan maintenance cycle) to ensure proper alignment with NRP c dinating structures, processes, and protocols. (Remember that your emergency management pl must be NIMS compliant by the end of FY 2006 in order to be eligible for grant funds in FY 20 2. In addition you should ensure: A. Re rences in your local emergency management plan are updated to include new national and stall plans. B. UpRte standard operating procedures or guides to ensure that new response procedures inc orate appropriate references to both the NRP and NIMS. C. W dit with private-sector owners and operators, particularly those that own or operate critical el (e nts of infrastructure or key resources, to encourage them to develop appropriate emergency res rise and business continuity plans. Attachment 6 Participating in the Texas Regional Response Network (TRRN) For 1 Tem user Resp colle avail A. Y B. F e h C. S a D. P E. P 2. The ' WWWhiili/ applic only. o years the Governor's Division of Emergency Management (GDEM) has contracted with the Forest Service to develop and maintain a comprehensive Internet-base mutual aid database and stem for use by state agencies and local jurisdictions. The purpose of the Texas Regional se Network (TRRN) is to aid in response and planning efforts by allowing system users to k and retrieve resource information. Basically, it is a computerized filing system for potentially ple resources and equipment. The system allows users to: ly on-line for system access. r data on fire, law enforcement, search and rescue, public works, and other state and local gency resources using the national Resources Typing System. This data can be entered for use only or identified as mutual aid resources available to other jurisdictions. ch for resources by category, type, county, Council of Government, Disaster District, or from ;r selected location. lay search results on an interactive map. ide points of contact information for mutual aid resources requests. I system can be accessed at two websites. The operational system is located at ;tate.tx.us and is hosted at a secured AT & T server complex. A training site is located at tamu.edu/training contains some sample resource data. Functionally this is identical to the operational site, however the data in this system if for training purposes 3. The T was adopted as the statewide mutual aid database in November 2004. Local governments must roll in TRRN and enter information on all response equipment that is available for mutual aid assis a to other jurisdictions in order to participate in the FY 06 Homeland Security Grant progra The State has started this process by: A. E ring large equipment items for local and regional use purchased with ODP Homeland Se rity Grant funds during the past three years. This process is ongoing and may take several m months to complete. B. W king with the Council of Governments to identify and enter regional response equipment not pu ased through the ODP funds. 4. Those risdictions that already have resources identified in another software product should work with th ITexas Forest Service to explore methods of downloading the information to the TRRN. 5. Provid can apply for access on-line by accessing the "New Provider Application" tab located on the log i page of the operational system. Once the application is submitted, the system will generate an ema II to the provider with a user name and password for access. 6. Questi about or problems with the TRRN should be addressed to Don Galloway at the Texas Forest rvice at (979) 458-6507 or at dgallowavna tfs.tamu.edu. OFFICE OF THE SECRETARY OF DEFENSE National Committee for Employer Support of the Guard and Reserve 1555 Wilson Boulevard, Suite 200 Arlington, VA 22209 1-800-336-4590 RECEDED MAY 9 2005 April 11, 2005 Hum,, 300 Brya G reE Affai Resource Manager of Brazos 6th St X 77803-5359 from the Office of the Assistant Secretary of Defense for Reserve By employing members of the National Guard and Reserve, you join a patri c group of American employers who willingly share our greatest national reso e - the men and women who voluntarily and devotedly serve our nation. We a as proud of you as we are of them. Enclosed with this letter is a Statement of Support. Thousands of empl ers across the country have signed this document to signify their support for o men and women who serve in the Guard and Reserve. We ask that you sign d display this Statement of Support, and that you fill out the employer regis tion card and return it in the postage-paid envelope. Your response will enable us to provide you with useful information and upda s that will help you better manage your employees who serve in the Guard and Reserve. We will also list your organization on the Employer Support of the Guar and Reserve (ESGR) website at www.esqr.mil as a 1-Star level supporter. The GR website provides downloadable resources pertaining to the Unifo ed Services Employment and Reemployment Rights Act (USERRA). For more information, please contact Captain Edward K. Hooks of the Natio al Committee for Employer Support of the Guard and Reserve (ESGR) at (800) 36-4590, extension 636 or visit our website at www.esgr.mil. Sincerely, Bob Hollingsworth. Executive Director Chtutee Jdand National Com r Employer Support of the Reserve STATEMENT OF SUPPORT FOR THE GUARD AND RESERVE COUNTY OF BRAZOS We r cognize the National Guard and Reserve as essential to the strength of our n 'on and the well-being of our communities. In the 'ghest American tradition, the patriotic men and women of the Guard and Res a serve voluntarily in an honorable and vital profession. They train to respond o their community and their country in time of need. They deserve the support Of every segment of our society. If the volunteer forces are to continue to serve our nation, increased public underst ding is required of the essential role of the Guard and Reserve in prese ' our national security. Their members must have the cooperation of all Americ employers in encouraging employee participation in Guard and Reserve. we join other employers in pledging that: 1. E loyment will not be denied because of service in the Guard or Re s rve; 2. E loyee job and career opportunities will not be limited or reduced b use of service in the Guard or Reserve; 3. E loyees will be granted leaves of absence for military service in the G d or Reserve, consistent with existing laws, without sacrifice of va lion; and 4. T agreement and its resultant policies will be made known throughout Cerdtvi or the Employer rl sinAs nt Name 514 2oc~0 Date _Ih ' Secretary of Defense lmawz EMPLOYER SU PO OF THEU~ARD ANQ&ES_VV E Join thousands of Other American Employers Earn Fi Star Recognition for your support of the men and women now serving proudly America's National Guard and Armed Forces Reserve. Your state's Employ Support of the Guard and Reserve Committee can and will work with you to provi you with assistance and guidance in keeping your Guard and Reserve mployees on the job and in the ranks. member 1~ You can 14am the recognition you deserve by providing demonstrated support for the volunte who serve our nation: 1. Sign tatement of Support and tell your community that you stand behind our troops - our employees - in peace, in crisis and in war. 2. Revie your Human Resource Policies to ensure that your policies comply with the prov, ions of the Uniformed Services Employment and Reemployment Rights Act (USE , Title 38, US Code, Public Law 103-353). ESGR can assist you. 3. Train our Managers and Supervisors and give them the tools they need to effective manage your Guard and Reserve member employees - ask your ESGR volunteers for training assistance. 4. Adop Over and Above' Policies in your company that provide your Guard and Reserve ember employees with more support than that required by law. Your ESGR volunte can tell you about the best practices adopted by thousands of other emDloveIrIs across the nation. 5. Suppi 1, t ESGR. YOU can make a difference with your time, energy, effort and contribu ons. Ask your ESGR volunteer how you can get involved in your state ESGR mmittee and how you can reach out to other employers. NCESG Form 15B-200405-1 Gj Brazos County Purchasing Department 300 EAST 26TH STREET SUITE 117 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 Pat Howatf, Purchasing Agent Becky Ste ens, Senior Buyer MEMORANDUM To: Commissioners Court From: Marcia Mann, Buyer Re: Amendment to Water Treatment Program Contract Date: May 17, 2005 Marcia Mann, Buyer Robin Wood, Admin. Assist. rurcuasi requests approval to amend the contract with Fort Bend Services to include a fuel surc rge of 3%. This increase will add $9.00 per month to the monthly charge and is still less t an the next lowest price quoted. If fuel prices decrease significantly, they have agreed to escind the surcharge. Thank v . VOL (D f PACE FORT BEND SERVICES, INC. MAHMG DRESS FO. Box 16 Staffmd, 497 (800) 933-3 Toll Free Waste A Water Treatment Speciatlim curs very truiv, 11'3v9 x 30, 2005 FUEL SURCHARGE Valved Customer, 13303 Redfish Lane Smfford, TX 77477 Office (281) 261-S199 Fax (281) 261-2295 ehalf of Fort Bend Services, Inc., I would like to express our appreciation and gratitude for business. We hope than we have met or exceeded your expectations and look forward to ontinual business relationship. M tag the challenges of the uncontrollable costs associated with the water treatment industry is a k that requires continual commitment and investment due to skyrocketing with increasing expenses for vehicle maintenance and insurance, we are forced to ent a fuel surcharge to all of our custome- Eff Apr! 30, 2005, Fort Bend Service;, filo. vWl implement a 3% surcharge tra bf andlor for each delivery. It is our skjoare t z~pe that this current market instabii~ ci ity will iu+ pass and at that time we may be able to rescind this surcharge. . ) dso ur mitment to you, our customer, is not only to remain competitive in the marketplace, rWde you with superior service for the best but possible price. ee ilk truly appreciate your business. y° treatment 'ha you for allowing Fort Bend Services, Inc. the opportunity to supply ur water 1 D SER ES, INC. C. r)'ReIM O resident APPROVED: Sims, County Judge date DEPA DATE ITEM: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM ENT Road and Bridge NUMBER 560010 OURT MEETING: May 17, 2005 ht of inte 7 1. 1 SOURCES KJF FUNDS: N/A 1) No rk will be permitted between front slope and/or back slope. 2) All i tallation(s) shall be constructed in designated utility easements, if applicable. If no utility ease ent exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) i he case of a road bore, perpendicular to the right-of-way line. 3) If cl ring of brush, trees and other obstruction is necessary, it shall be the Applicants responsibility to do and to remove all cleared brush, trees etc. from county right-of-way. 4) Dit line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be con cted by an independent geotechnical testing firm; copies of all test results shall be furnished to the ice of the Brazos County Engineer. 5) Co ction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Dev s for Streets and Highways, published by the Texas Department of Transportation, and all other Stat and Federal laws governing utility construction. ALTERNATIVES: SUBMITTOD BY: APPROVED BY: ~ s e ~t Richard F Vance, P.E. Commis ioeer Lloyd Wassermann County E ineer Precinct 1 0005-04 This Re q is Approved M / Denied ❑ b q by Commissioners' Court Date: 51ja/rn- v , County Judge V0 L RA G J r ven n Engineering Planning 301 Industrial Blvd. Bryan, TX 77803 May ;1 2005 Rich Vance Braz Cou nty Engineering Office Cou f Engineer 2617 Hwy. 21 Brva X 77803 Dear Mr. Vance: AGRMNTS 24 BURIED CABLE are From ED-135 and a work location sketch showing the location of our buried cable line on county roads in Brazos County at College Station, This rk is to be completed on Work Order 5416-3P002YH which is scheduled for May, 5. If you have any questions concerning this work, please contact Richard Wall at our office in Bryan, telephone 979-821-4752 within 15 days so that we may expla of modify our proposal, otherwise, it is understood that this proposal is Sincely, Jim sor - Network Engineer JS: VOL PACT Y VERON COMMUNICATION To T Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Notice of Installation May 3, 2005 Fo notice is hereby given that VERIZON COMMUNICATIONS will construct a co unication line within the right-of-way of a County Road in Brazos County, Texa s follows: Beblinning at a point 140' northeast of the junction of Woodlands Drive an N. Dowling Road, a bore will be made southeast across N. Dowling Ro and the buried cable will be continued 427' northeast at 6' within th fight-f--way of N. Dowling Road. The proposed cable will be buried to minimum depth of 30". Th location and description of this line and associated appurtenances is more fly shown by three (3) copies of drawings attached to this notice. The line will be i strutted and maintained on the County Road right-of-way in accord nce with governing laws. No 'thstanding any other provision contained herein, it is expressly unde d that the tender of this notice by the Verizon Southwest Incorporated does t constitute a waiver, surrender, abandonment or impairment of any prope rights, franchise, easement, license, authority, permission, privilege or right n granted by law or may be granted in the future and any provision or provisi s so construed shall be null and void. of this line will begin on or after May, 2005. J 301 Inc Bryan, CO , UNICATIONS Network Engineer rial Blvd. 77803 5416-3P002YH L I- k 11 Zee I N _ _ . . ` d ~ O ~ Oy Z r30 w O N X ~ L~ ON v ~ m X R" "I^O mm" SR ® 04X0 } mm pp mnN nn~rymnln9 Bn C ON mNb^~~NpNNhPII~f~~1~p _ PNO ryBm p~pppnm.~..mpNm.~.n ntOnnnlY~l B ~,yN TP~PPPPCC~IT CP~P1~ NNImW IP'IIP'Itm'I CPI CPICI CPI CPI ~m'1IP'I lP'1 fP~l OIP7 Cml O L_.a uuuuuuuuuuuuxuu m ya z~ oa 3 rn 2= d d4 `QJ v~ ~Q O ro`~ ~err''~l~zee ` \o+\ / ~ ~ JAB O O / ~ r N O O ` \ Alt" Itz" AA Gs moo 'VOL idles mm 80 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPAR- DATE O ITEM: F NT Road and Bridge NUMBER 560010 OURT MEETING: May 17, 2005 est from Wickson Creek Special Utility District to Andert Road for SOURCEI0F FUNDS: N/A UIREMENTS: No work will be permitted between front slope and/or back slope. 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. 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. 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. 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. NCITES/EXCEPTIONS: ACITION REQUESTED OR ALTERNATIVES: SUB IT APP VED LY~-,.__ A') Richard F Vance, P.E. Commissioner E. Duane Peters County E ineer Precinct 2 CCO-048 1~: This Req st is Approved " Denied ❑ by Commissioners' Court Date: X5//7/rte--~ RaNdy , County Judge QUE FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO TE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notic ` s hereby given that (applicant) Wickson Creek Special Utility District proposes to ce a (type) waterline within across x the right-of-way of (road) Ande Rd. in Brazos County, Texas as follows: The locati or description of the proposed installation is more fully shown by 3 copies of drawings attached to this notice. I understa and agree that: 1. Th ounty Engineer must be notified 72 hours prior to the beginning of struction in order that he, or his designated inspector, may ins act the actual installation. 2. All mage to the roadways and rights-of-way will be repaired to their orig ii al condition to the satisfaction of the County Engineer. 3. Bra s County reserves the right to require Applicant to relocate or low, any such line at no cost to Brazos County, should same bec a necessary due to widening or lowering, or other alteration of the adway or right-of-way. 4. Bra s County will in no way be responsible for any damage which mig occur to any existing utility lines in the right-of-way. 5. The I ne will be constructed and maintained on the County right-of-way in acc dance with the Utility Accommodation Policy which was adopted by the Tex Department of Transportation on May 29, 1989. 6. The 'II ne or lines will be constructed no less than twenty-four inches (24") low than the lowest part of the drainage or bar ditch and the drainage is to be nsidered at least two feet (2') below the center of the roadway. 7. All siles will be barricaded during the construction period. Constructi of this line will begin on or after the18 day of may 20 05. Firm: Wickson Creek Special Utility District f7 ~ l`I~~r 1iJ By: w s/4/j9 57 Title: General Manager Address: H. 0. Box 4756 Bryan, Texas 77805 Phone: 979-589-3030 APPROVE BY COMMISSIONERS' COURT O Date Randy Sirr , County Judge Re: Dressen voL1 0PacE 69 a ~ N CJ d r~ -i- ~ ~ S ~ ~ UlC c~ Q- BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE 09 POURT MEETING: May 17, 2005 ITEM: Rftuest from Wickson Creek Special Utility District to construct a road t 600 feet from its intersection with C Ro in Precinct 2. SOURCEI OF FUNDS: N/A No work will be permitted between front slope and/or back slope. 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. 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. 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. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Hiohways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NCITES/EXCEPTIONS: A ION REQUESTED OR ALTERNATIVES: SUB IT Y: APPROV 4, A Richard Fance, P.E. ommissioner E. Duane Peters County E ineer Precinct 2 CCO-049 11 This Req~est is Approved C9 / Denied ❑ by Commissioners' Court Date: RaNdy Sios, County Judge 44 REQUE FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO T COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice hereby given that (applicant) Wickson Creek Special Utility District proposes to I ce a (type) waterline within across x the right-of-way of (road) Wa s Rd. in Brazos County, Texas as follows: The locati or description of the proposed installation is more fully shown by 3 copies of t h drawings attached to this notice. I understa and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of c struction in order that he, or his designated inspector, may ins t the actual installation. 2. All mage to the roadways and rights-of-way will be repaired to their orig al condition to the satisfaction of the County Engineer. 3. Bra is County reserves the right to require Applicant to relocate or low any such line at no cost to Brazos County, should same bec a necessary due to widening or lowering, or other alteration of the adway or right-of-way. 4. Bra s County will in no way be responsible for any damage which mig occur to any existing utility lines in the right-of-way. 5. The I e will be constructed and maintained on the County right-of-way in acc dance with the Utility Accommodation Policy which was adopted by the Tex Department of Transportation on May 29, 1989. 6. The I e or lines will be constructed no less than twenty-four inches (24") ]OWE ! than the lowest part of the drainage or bar ditch and the drainage is to be sidered at least two feet (2') below the center of the roadway. 7. All s will be barricaded during the construction period. Constructi of this line will begin on or after the 18day of may 20 05 . 014, Firm: W kson Creek Special Utility District By: i Title: General Manager Address: P. 0. Box 4756 Bryan, Texas 77805 Phone: 979-589-3030 APPROVE BY COMMISSIONERS' COURT 09 Date Randy Sin~y, County Judge Re: Chr b 7 Pf,'Q E - J-' Aj0i Cc)\ ~ ~ 1 C -,d `O 7 i ~I C'71T tV / J < ca s LQ e~ d ¢ y oil ` 3 ci~ d cal ✓1 C~- 0r C S, Q-5 VOL PAGE _ , 03/111tin33 14 ti ~J I'db2i5lyb BIU LINE DESIGN PAGE 02 u ' OMAN TW 3 P. O. Box 1000 Bryan, TX 77806 Phone: 979-821-5700 Fax: 979-621-5796 httpJ/Www.btutilhles.com TNR INEACYTO a U SINCR 1019 May 11, 20 Inv. #0503C006116 Linda Mue e Brazos Co Road & Bridge 2617W. H 21 Bryan, TX 803 Dear Linda uegge, Your requ to relocate an overhead electric pole for the Koppe Bridge Road project at Batts Ferry Road has b investigated, The charge for-this service is $6,637.24. This cost is subject to change after 90 da from the date of this letter. Use your geed investigation number 0503RO6116 to identify any correspondence you may have with our o e. For information regarding your investigation, please call 821-5770. Sincerely, Mark Telg BTU-Line Li ~ r- O N CO,,. N U d N ' r7 N rr In t: r- Lo L-i ~ z r C; o O .M w v'°a~ ~ z - N ri aa W O ~MNN OV N ~W •UO }a ~O-t0 w W Q M- W to 0 > M tt `D 'M O LO W dN W U- > C-4 p-O(? 4. _ N 9D C9 OWw Od :3 Z O O G 0I0-iN W W \ NN~ ~ N N~0 ~ Xwo NW>>b LO NOOC LOL Me 2 U ~a ap u, ~WX w ommooo g; QLJLUQOM 6 w W _U w ©o V W o E-. W z O U r co w O U Q W z O G Z ¢ m W i 0 IS W Of IW ~cx r 11 II ~J t6. (0 _WFJ6 O N M N N N Z m 4J Z 0 Lu 2 N % 00 z N ~ O z O 5 o Lij X Ld It W z CO w LL. o o Ul a m j p U V Li _o of m to = to o rn N L f - F Q W il~ - a x a O o 0 2 m Q Z O Y 9 O O z < Z m z Q o L U i W > a w F- J_ H W O m a W W CA Q KEY £0 3E)Vcl I NOISM 3NI-1 FUS 96L9iZ86L6 8Z:bI 5002/IT/50 REQUESTED REQ 05/11/05 05/ SHIP TO 560010 BRAZOS 2617 W BRYAN, ATTN: RELOCATE OVERH PAGE 1 REQUISITION 00004238 ED ENCUMBRANCE APPROVAL GRP R&B BUYER 05 ROAD AND BRIDGE LINDA MUEGGE VENDOR 20 UNTY ROAD AND BR BRYAN TEXAS UTILITIES HIGHWAY 21 BTU - ACCOUNTS PAYABLE XAS 77802 P 0 BOX 8000 TRACY BRYAN TX 77805 ELECTRIC LINE FREIGHT LN/ST COMMODITY STOCK NO QUANTITY UOM 01 0 ESTIMATE T ELOCATE OVERHEAD ELECTRIC EA UTILITY POL KOPPE BRI ROAD WO # 30335 DIV/FUND 63481000 ACCOUNT PROJECT ACCOUNT 80715000 EXTENSION/ UNIT PRICE TAX/TRADE-IN 6,637.2400 6,637.24 0.00 0.00 TOTAL PRICE 6,637.24 CHARGE AMOUNT 6,637.24 REQUISITION TOTAL K 011- ? PAGE TOTA AG, E_ 6,637.24 6,637.24 V EARNEST MONEY CONTRACT THE S TE OF TEXAS § COUNT OF BRAZOS § S EARNEST MONEY CONTRACT (hereinafter referred to as the "Contract") is made and eJeinto by FIRST BAPTIST CHURCH OF BRYAN, INC., a Texas non-profit corporation, (herereferred to as "Seller") and BRAZOS COUNTY, TEXAS, (hereinafter referred to as WITNESSETH: 1 Purchase and Sale. Subject to the terms, provisions and conditions hereof, Seller hereby +ees to sell to Purchaser, and Purchaser hereby agrees to purchase from Seller the following 4.08± acre tract located in the City of Bryan, Brazos County, Texas, as is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, together with any and all improvements attached thereto, including, but not limited to, all right, title and interest, if any, of Seller in and to (i) any land in the bed of any street, road or avenue open or proposed in front of or adjoining said tract or parcel of land; (ii) any easements across said tract or parcel of land, existing or abandoned; (iii) any unpaid awards for damage to said tract or parcel of land by reason of changes of grade on any street, road or highway; (iv) any reversionary rights attributable thereto, save and except and the Seller shall reserve and retain all oil, gas and other minerals located in, on and under the Property (said tract or parcel of land and all of the other properties, rights and interests above mentioned are hereinafter collectively referred to as the "Property"); The Seller shall retain all personal property not attached to the improvements which shall include pianos, organs, chairs, desks, and shelves. The Seller shall also retain all kitchen equipment, playground equipment, and the stained glass windows; provided, however, the Seller at Seller's cost shall replace the stained glass windows with regular windows acceptable to Purchaser and Seller. The existing pews and sound system which consists of the sound board, AMP rack, choir mikes, three hardwire mikes and stands, two sound monitors, one cassette player, and one CD player shall remain and become Purchaser's property. 2.11 Purchase Price. The purchase price (hereinafter referred to as the "Purchase Price") for the P rty shall be $2,000,000.00 payable at Closing as provided herein. JDW/LKM FIR" BAPTIST BRAZOS CTY EMK page 1 Earnest Money. Within three (3) business days following delivery by Seller of a fully executed counterpart of this Contract to Lawyers Title Company of Brazos County, Texas ("Title Company"), Purchaser shall deliver to the Title Company the sum of TWENTY THOUSAND AND NO1100 DOLLARS ($20,000.00) as earnest money (hereinafter referred to as the "Earnest Money"). The deposit of the Earnest Money within such three (3) day period is a condition precedent to the obligation of the Purchaser and Seller under this Contract. In the event this Contract is terminated prior to the consummation of the purchase and sale of the Property in accordance with this Contract, then the Earnest Money shall be delivered as provided herein unless a different disposition is directed in writing by Purchaser and Seller. At the Closing, the Earnest Money shall, at Purchaser's sole option and election, be returned to Purchaser or be applied toward the Purchase Price for the Property. In addition to the payment of Earnest Money, on or before the Effective Date of this Contract, Purchaser shall deliver to Seller FIFTY AND NO1100 DOLLARS ($50.00) cash (the "Independent Contract Consideration"), which amount has been bargained for and agreed to as consideration for Purchaser's exclusive option to purchase the Property and for Seller's execution and delivery of this Contract. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Contract and is non-refundable in all events. Survey and Title Report. Not less than thirty (30) days from the effective date of this Contract, Seller, at Seller's cost and expense, shall obtain and deliver at least one (1) copy to Seller and at least (1) copy to the Title Company of a current on-the-ground survey prepared by a registered public surveyor acceptable to Purchaser (hereinafter referred to as the "Survey") showing the Property, together with a corresponding metes and bounds field note description of the Property. The Survey and description shall be made and/or prepared by a registered public surveyor acceptable to the Title Company and Purchaser. The Survey shall include the plotting and permanent location of all easements, rights-of-ways, encroachments, improvements, fences, building set-back lines, creek waterway ravines and other matters located on the ground, on or affecting the Property. The Survey shall fix, locate, stake and permanently monument all exterior boundary lines and corners of the Property. The surveyor shall also calculate, plat and indicate on the Survey Plat the gross square footage, if any, that lies within the 100-year flood plain (as defined in 44 Code of Federal Regulations, Section 59. 1) or flood hazard zone or fault zone (herein collectively referred to as "Hazard Zone"). The Survey shall contain a certification signed by the surveyor in a form reasonably acceptable to Purchaser, and that is a category 1 A Condition IV Survey. BAPTIST BRAZOS CTY EMK Page 2 VQL. V PAGE~O Not less than ten (10) days after the Effective Date of this Contract, Seller shall cause the Title Company to deliver to Purchaser, at Seller's cost and expense, an up-to-date and complete owner's title policy commitment naming the Purchaser as an insured in the amount of the Purchase Price covering the Property, together with true and legible copies of all documents referred to in such title policy commitment (hereinafter collectively referred to as the "Title Report"). Survey or Title Objections. If the Survey shows any matters (including any "gap or vacancy' described in this Section 5 below) that are objectionable to Purchaser (hereinafter referred as the "Survey Objections"), or if the Title Report reveals any title matters that are objectio ble to Purchaser (hereinafter referred to as the "Title Objections"), Purchaser shall so notify S er of such Survey Objections and/or Title Objections within ten (10) business days from the date the later of (a) receipt of the Survey, or (b) receipt of the Title Report. Seller hereby agrees t reasonable diligence to correct such Survey Objections and/or Title Objections within ten (10) iness days after receiving Purchaser's notice in writing to do so; provided, however, Seller s 1 not be required to institute any suit or spend any funds in excess of $1,000.00 in connecti ` with the cure of any or all such Survey Objections and/or Title Objections. If the Survey Objectio and/or Title Objections are not cured to Purchaser's reasonable satisfaction within said time afte haser's notice of such objections, Purchaser, at Purchaser's option, may (a) cancel this Contract which event the Earnest Money shall be returned to Purchaser free and clear of all rights and claimt ' by Seller with respect thereto, and neither Purchaser nor Seller shall have any further rights or, ligation under this Contract, and this Contract shall terminate, or (b) agree to take title to Property bject to any uncured Survey Objection and/or Title Objection without reduction of the Purc rice, and if Purchaser does so agree, Seller shall deliver the title to the Property subject to uncured ey Objections and/or Title Objection. If Purchaser fails to notify Seller of any such Survey 'ections or Title Objections within ten (10) business days prior to Closing, then Purchaser shall be med to have waived any such Survey Objections or Title Objections, and the Property shall be hased subject to any such Survey Objections or Title Objections without reduction of the Purc Price. purposes of this Section 5, the term "gap or vacancy" shall mean and refer to either of the any boundary line of the Property fronting on a street or roadway not identical with the right of-way line of such street or roadway right-of-way; and any intervening easements, setbacks, or other areas naming parallel to such street or roadway, the terms of which do not freely permit Purchaser to cross or pave the area covered by such easement, setback or other area. If such g or vacancy is owned by Seller, such gap or vacancy will likewise be conveyed as the Property der the terms and conditions of this Contract at no additional cost to Purchaser. 6 The Closing. Except as otherwise provided herein, the Seller and Purchaser hereby agree to nummate the closing of the sale and purchase of the Property (herein referred to as the JDW/1" FIR Sir BAPTIST BRAZOS CfY EMK Page 3 ?{v+~ "Closin on or before November 1, 2005, at 5: 00 o'clock p.m. The Closing shall be held at the offices the Title Company or such other place as may be agreed to by Purchaser and Seller. The closing ereinafter referred to as the "Closing Date") shall be held as follows: Seller's Obligations at Closing. At the Closing, Seller shall deliver or cause to be delivered to Purchaser the following: (1) A Special Warranty Deed (hereinafter referred to as the "Deed") fully executed and acknowledged by Seller in form satisfactory to Purchaser conveying to Purchaser good and indefeasible fee simple title to the Property with the property description of the Survey, subject only to the Permitted Exceptions, which shall be those matters, if any, shown on the Survey or listed as exceptions in the Title Report and which were not objected to by Purchaser or which are waived by Purchaser (herein referred to as the "Permitted Exceptions"). The metes and bounds description used in the Deed shall be the description provided with the Survey. The Deed shall contain the "as-is, where-is" language as described and set forth on Exhibit "B" attached hereto. (2) Title Insurance Policy. A Texas Standard Form of Owner's Policy of Title insurance as prescribed by the Texas State Board of Insurance (herein referred to as the "Owner Policy"), at Seller's sole cost and expense, dated as of the Closing Date and issued by the Title Company insuring Purchaser fee simple title to the Property in the full amount of the Purchase Price, subject only to the Permitted Exceptions and the following matters: (i) The standard printed exceptions provided for in the standard form of owner's policy of title insurance; provided, however, that the Owner's Policy shall not contain any exception for the following: (A) any liens of any kind other than as provided for by this Contract, or (B) restrictions, easements, encroachments or exceptions other than those approved or waived by Purchaser as provided for in this Contract; (ii) Taxes for the current year of closing not yet due and payable; (iii) Any exception for restrictions shall be endorsed "None of Record" or deleted, other than applicable building regulations and any restrictive covenants that may be Permitted Exceptions hereunder; and (iv) Provided Purchaser agrees to pay for the additional premium required to amend the standard printed exception for discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or protrusions or any overlapping of improvements to state "shortages in area" only. JDW/LKM FI"T BAPTIST BRAZOS CTY EMK Page 4 V 0L ~ 1 PAGI` ~d (3) Bills Paid Affidavit. Seller shall deliver to the Purchaser any affidavit verifying that for any unpaid bills or claims for labor performed or materials furnished to the Project prior to Closing, Seller agrees to indemnify and hold harmless Purchaser from any loss, liability or expense resulting from or incident to claims against the Project from any such matters. (4) Possession. Seller shall have the right to continue in possession and use of the Property with the exception of the building commonly referred to as the "Maxwell Building", after Closing ("Seller's Post Closing Occupancy") until the earlier in time of (i) forty five (45) days after Seller obtains a certificate of occupancy from the City of Bryan for Seller's new church campus under construction, or (ii) January 2, 2007. In the event Seller requires additional time after January 2, 2007 as a result of construction delays on its new church campus, Seller shall have the right to continue to occupy the Property , but shall pay rent to Purchaser for any occupancy after January 2, 2007 at the market rental rate for the Property. Seller shall have the right to continue in possession and use of the Maxwell Building after Closing until June 1, 2006. Seller shall transfer possession of the Maxwell Building to Purchaser earlier than the June 1, 2006 date, if possible. At the time of possession, Purchaser shall become responsible for utilities, maintenance, insurance and other incidents of ownership. During Seller's Post Closing Occupancy, Seller shall: (i) maintain liability insurance in the minimum amount of $1,000,000.00 naming Purchaser as an additional insured, and (ii) maintain the Property in its current condition, pay all utilities and operational expenses and day to day maintenance of the Property. During Seller's Post Closing Occupancy, Seller agrees to save, defend, keep harmless and indemnify Purchaser, and all of its agents and employees from and against any and all claims, loss, damage, injury, cost (including court costs and attorney's fees, but excluding Major Improvements), charge, liability or exposure, however caused, resulting from, arising out of, or in any way connected with the Seller's Post Closing Occupancy. Upon Closing, Purchaser shall insure the structure, all permanent improvements being acquired by Purchaser, and the personal property that is being acquired by Purchaser. The Seller shall reimburse Purchaser fifty percent (50%) of the cost of the insurance on the structure and all permanent improvements purchased from Seller. The Seller shall pay the cost of all insurance on all personal property being retained by Seller. Any "Major Improvement", as defined on Exhibit "C" attached hereto, shall be shared by Seller and Purchaser all as set forth on Exhibit "C" attached hereto. (5) Non-Foreign Status Affidavit. An affidavit sufficient under Treasury Regulations to release Purchaser from Purchaser's obligation to withhold a portion of the Purchase Price under Section 1445 of the Internal Revenue Code of 1954, as amended. ]DW/LKM FAST BAPTIST BRAZOS CTY EMK Page 5 '10 6 q r "I ~ - ff/ 17 (6) Other Documentation. Deliver to Purchaser such evidence or documents as may be reasonably required by the Purchaser or by the Title Company evidencing the status and the capacity of the Seller and the authority of the person or persons who are executing the various documents of the Seller in connection with the sale of the Property. Purchaser's Obligations at Closing. At the Closing, Purchaser shall deliver or cause to be delivered to Seller the following: (1) The purchase price payable in cash or immediately available funds. Apportionment and Adiustments. (1) All ad valorem taxes, if any, applicable to the Property shall be prorated as of the Closing Date based on a per diem basis based on tax rates applicable to the year in which the Closing occurs. If such tax rates are not available at the time of the Closing, taxes will be prorated using tax rates for the year prior to the year of the Closing and adjusted when the tax rates applicable to the year of the Closing become available. Seller shall be responsible for paying on or before Closing any and all assessments for streets, curbs, gutters, and utilities that become due and payable with respect to the Property on or before the Closing Date and for all taxes for prior years (including any interest or penalty thereon) assessed against the Property. The provisions ofthis Section 6(C) shall survive the Closing. (2) Purchaser shall pay the recording costs for the deed and one-half (%2) of any Title Company escrow fees. Seller shall pay for the Owner's Title Policy, the cost of the Survey, one-half (Y2) of the Title Company escrow fees, cost of any tax certificates, and all payments necessary to clear the Property of title defects and encumbrances (subject to the limitation on such payments set forth in Paragraph 6 above) that are not Permitted Exceptions. Each party shall bear its own attorney's fees relating to this transaction. (3) The adjustment described herein shall be paid at the Closing or, to the extent that the amounts thereof are not ascertainable at the Closing, the same shall be paid as soon thereafter as may be reasonably practicable. Closing Documents. Seller's counsel shall prepare the Deed and all Seller closing documents at Seller's cost and expense, subject to review, approval and acceptance by Purchaser's counsel. Deliveries. No later than twenty (20) business days after the Effective Date, Seller shall del er copies of the following described materials: JDW4" FI"T BAPTIST BRAZOS CTY EMK Page 6 Any engineering studies, environmental and hazardous waste studies and reports, soil analysis and/or other soil reports relating to the Property that are in Seller's actual possession. All notices, documents, and pleadings in connection with any lawsuits or any threatened or potential lawsuits or claims of any kind affecting any part or all of the Property, if any. Representations and Warranties of Seller. Seller represents and warrants to PurchaCtsing , which representations and warranties shall be true and correct as of the date hereof and as of the Date: That, during the term of this Contract, Seller shall not voluntarily, without the prior written consent of Purchaser: (i) plat, restrict or encumber, or permit to be platted, restricted or encumbered any portion of the Property; (ii) grant any license, easement, or other use affecting any portion of the Property that cannot be terminated prior to Closing; (iii) grant any mechanic's or materialman's lien against any portion of the Property; (iv) excavate or permit the excavation of the Property; or (v) enter into any lease or rental agreement covering all or any portion of the Property or any contracts, agreements or modifications or extensions of any existing contract or agreement affecting the Property that will or could survive the date of the Closing. That, to the best of Seller's actual knowledge and belief (no special investigation having been made): (i) no notice has been received to the effect that the Property is not in compliance with any applicable laws, ordinances, statutes, rules and regulations of any governmental authorities having jurisdiction over the Property; (ii) there are no unpaid bills or claims of any kind that might become a lien on the Property; and (iii) there is no pending condemnation of all or any part of the Property, and no written notice of any threatened condemnation of the Property has been received. PMrchaser and Seller acknowledge that Purchaser shall satisfy itself during the Study Period as to the presentations and warranties of Seller set forth herein and as to the physical condition of the Pro . Defaults and Remedies. If Seller fails to perform any of the Seller's obligations hereunder for any reason other than the termination of this Contract by Seller or Purchaser pursuant to any valid right to terminate the same expressly set forth in this Contract, or Purchaser's failure to perform Purchaser's obligations under this Contract, or if any of Seller's representations or warranties set forth in Section 8 above are determined to be materially inaccurate or untrue, the Purchaser shall have the right as its sole and exclusive remedy to (a) sue for specific performance, or (b) terminate this Contract by giving written notice thereof to Seller, whereupon any Earnest Money (together JDWA.KM BAPTIST BRAZOS CPY EMK Page 7 with interest accrued thereon, if any) shall be immediately refunded to Purchaser free and clear of any and all rights and claims by Seller. If Purchaser is in default under this Contract for any reason other than the termination of this Contract by Purchaser or Seller pursuant to any valid right to terminate the same expressly set forth in this Contract, or Seller's failure to perform Seller's obligation under this Contract, then Seller may, as Seller's sole and exclusive remedy, terminate this Contract and receive the Earnest Money as liquidated damages and not as a penalty, it being acknowledged and agreed by the parties that the amount of the Seller's damages for the Purchaser's default under this Contract would he difficult and impossible to determine, and the Earnest Money is a reasonable estimate of the Seller's damages that would be caused by the Purchaser's default. Real Estate Commission. Seller hereby agrees to be responsible for and pay any real estate o es commission to any Broker or agent hired by Seller and to indemnify and hold harmless Purchas against any and all claims of any other agents broker, finder, or other similar party claiming ough Seller. Access. At all reasonable times and upon notice to Seller, Purchaser shall have the right to ter upon, inspect, and make non-destructive tests of the Property, including, but not limited to, soil is to determine the feasibility of construction, environmental test, including Phase II; provid however, that such entry onto the Property shall be at Purchaser's sole risk, subject to the rights o rsons in possession of the Property. Purchaser shall indemnify and hold harmless Seller with res to such activities of Purchaser upon the Property, and if necessary, Purchaser shall restore surface of the Property disturbed by any such tests and inspections to its grade on the Effectiv ate of this Contract. No access shall be allowed that will interfere with church services, funerals eddings, or other church activities. Feasibility Study Period Con ' ency. Notwithstanding any provision in this Contract to the co , Seller hereby acknowledges and agrees that from the Effective Date of this Contract until on undred twenty (120) days thereafter (herein referred to as the "Study Period"), Purchaser shall ha the right and option (at its sole cost and expense) to conduct any and all and continue any and all inspections, studies and tests, including, but not limited to, engineering Purchas in-destructive studies, it tests and analyses, environmental and hazardous waste, and surveys, on and with respect the Property (hereinafter collectively referred to as the "Analysis") as Purchaser, in s sole discretion, desires, subject to Purchaser's obligations to Seller as set forth herein. Seller h by agrees to cooperate fully with Purchaser and to promptly provide Purchaser with such informal i n and documentation in Seller's possession as Purchaser reasonably requests in order to assist Pi i haser in making the Analysis. If the Analysis conducted by Purchaser reveals that the Propert) s not suitable for Purchaser's intended use of the Property, in Purchaser's sole and exclusiv 'udgement, or if Purchaser is dissatisfied with the Property for any reason whatsoever, in PurchJha) 's sole an d exclusive judgement, then Purchaser, at Purchaser's sole option and discretion, shall the absolute right and option to terminate this Contract by giving written notice of such termin to Seller on or before the expiration of the Study Period. In the event that Purchaser termithis Contract, Purchaser shall return to Seller any materials delivered by Seller, and the JDW/LKM FI"T BAPTIST BRAZOS CTY EMK Page 8 Earnest oney (together with interest accrued thereon, if any) shall be refunded to Purchaser free and cle of all rights and claims of Seller with respect thereto, and except for the indemnity obligati of Purchaser which shall survive, neither Purchaser nor Seller shall have any further rights or oblig ions under this Contract, and this Contract shall terminate. Damage, Destruction or Condemnation. If prior to Closing the Property or any part thereof all be condemned, or destroyed or materially damaged by fire or other casualty, Purchaser shall ha the option (which option must be exercised within the earlier to occur of ten (10) days after nol ice of such loss, damage or destruction or the Closing Date) to terminate the Contract or to cons to the transaction contemplated by the Contract without reduction of the Purchase Price, notce ding such condemnation, destruction or material damage. If Purchaser elects to cons to the transaction contemplated by the Contract, Purchaser shall be entitled to receive the sonde tion proceeds or settle the loss under all policies of insurance applicable to the destruction or dama and receive the proceeds of insurance applicable thereto, and Seller shall, at Closing, execute d deliver to Purchaser all necessary proof of loss, assignments of claims and other similar terms. I Purchaser elects to terminate the Contract, the Earnest Money and all interest earned thereon hall be returned to Purchaser by the Title Company, in which event this Contract shall, without er action of the parties, become null and void, and neither party shall have any rights or obligati under the Contract. Time. Time is of the essence in all matters pertaining to the performance of this 1 . Authority. The parties to this Contract warrant and represent to one another that they have the wer and authority to enter into this Contract in the names, titles and capacities herein stated on behalf of any entities, persons, estates or firms represented or purported .to be represen by such person, that all formal requirements necessary or required by any state and/or federal 1 in order for each to enter into this Contract have been fully complied with and that this Contras ' executed, fully binds and obligates the parties in this Contract. 1 Notices. Any notice, demand or request permitted, required or desired to be given in connecti with this Contract shall be in writing and shall be deemed effective if hand delivered or sent by iceipted ted States certified or registered mail, return receipt requested, postage prepaid, or sent by private, carrier guaranteeing same-day or next-day delivery addressed as follows: If to Sel : FIRST BAPTIST CHURCH OF BRYAN, INC. 200 South Texas Avenue Bryan, Texas 77801 Attention: Bill Wiman With a ` py to: JAY DON WATSON Attorney at Law P. O. Box 6900 Bryan, Texas 77805 MW/LKM BAPTIST BRAZOS CTY EMK Page 9 f '4 , PAC, Recordation of Contract. Seller and Purchaser agree that neither this Contract, a memo um thereof, or an affidavit with respect thereto shall be filed for public record by or on behalf either Seller or Purchaser. Additional Provisions. This Contract is subject to the terms and provisions set forth in any exh it attached hereto. 11 Saturday, Sunday or Legal Holiday. If any date set forth in this Contract for the perform ice of any obligation by Purchaser or Seller or for the delivery of any instrument or notice should on a Saturday, Sunday, or legal holiday, the compliance with such obligations or delivery shall be eemed acceptable on the next business day following such Saturday, Sunday or legal holiday. or purposes of this Section 24, "legal holiday" shall mean any state or federal holiday for which cial institutions or post offices are generally closed in Brazos County, Texas for the observ thereof. Headings; Construction. The headings contained in this Contract are for reference purpose ` only and shall not modify or affect this Contract in any manner whatsoever. Whenever require y the context, any gender shall include any other gender, the singular shall include the plural, the plural shall include the singular. 26. Effective Date. The term Effective Date shall mean the date on which a fully executed counte of this Contract and the $20,000.00 Earnest Money is delivered to the Title Company (herein erred to as the "Effective Date'). The Title Company shall immediately thereafter deliver a copy o the executed, receipted Contract to Seller and Purchaser. Special Conditions: Seller and Purchaser hereby agree that the City of Bryan, Texas has a Right of First Refusal to purchase the portion of the Property that lies south of 29'' Street for the present appraised value of such Property. In the event the City of Bryan exercises its right to acquire this portion of the Property, Seller shall be obligated to convey such Property to the City of Bryan, Texas for its current appraised value and the Purchase Price shall be reduced by the amount the City of Bryan actually pays to Seller. Seller's latest appraisal values such land at $215,000.00. Church Approval. This Contract is subject to the approval of the Seller's congregation. In the event Seller cannot obtain such approval, the Seller may terminate this Contract and the Purchaser's Earnest Money shall be returned and the parties have no additional obligation under the Contract. IDW/LKM F44T BAPTIST BRAZOS CTY EN K Page I I XECUTED in multiple counterparts, each of which executed copies shall constitute an igina by Purchaser on the day of , 2005. SELLER: FIRST BAPTIST CHURCH OF BRYAN, INC. By: JIMMY T. KEETON, Chairman of Deacons By: Title: By: Title: PURCHASER: BRAZOS COUNTY, TEXAS By: Name: Title: :5f-,dQd- JDWA" FE 10 T BAPTIST BRAWS CTY EMK Page 12 1 6) 10 L A CZE RECEIPT OF EARNEST MONEY fir undersigned Escrow Agent by and through it duly authorized representative hereby acknow ges receipt from BRAZOS COUNTY, TEXAS of the sum of TWENTY THOUSAND AND N 00 DOLLARS ($20,000.00) as Escrow Deposit under the terms of the foregoing Earnest Money tract on this day of , 2005. LAWYERS TITLE COMPANY OF BRAZOSCOUNTY By:_ Name: Title: Address: 1673 Briarcrest Drive, Suite 104-B Bryan, Texas 77802 JD W/LKM BAPTIST BRAZOS CTY EMK Page 13 ^ r VOL blM.r. -9 9 EXHIBIT "A" All that rtain lot, tractor parcel of land being 4.081 acres situated in the S.F. AUSTIN SURVEY, Abstrac o. 62, Brazos County, Texas and being located in the Bryan Original Townsite to the City of BryBrazos County, Texas, as recorded in Volume H, Page 721, Deed Records of Brazos County, exas, said 4.081 acre being out of the following tracts: 1) Being all of Lot 1, Block Twenty ee (23) as described in a Replat of record in Volume 966, Page 35, Official Records of Brazos unty, Texas; 2) Being all of Block Twenty-Four(24) of said Original Townsite; 3) Being all Bloc Six (6) of said Original Townsite; 4) Being all of the Washington Avenue Right-of-Way betwee 'd Block Twenty-Four (24) and said Block Six (6) released in Volume 934, Page 73, Official Records of Brazos County, Texas; 5) Being all of a Twenty (20) foot wide, Alley Right-of- Way in 'd Block Twenty-four (24) closed by City Council Action dated February 28,1941; and 6) Being t 1-R, Block Twenty-Five (25) as described in a Replat of record in Volume 1078, Page 784A, cial Records of Brazos County, Texas, said 4.081 acres being more particularly described in three is by metes and bounds as follows: BBEGINT# G at a %i " iron rod set in the south right-of-way line of Twenty-Eighth (28) Street for the north comer of Lot 1, Block Twenty-Three (23) according to Replat of record in Volume 966, Page 35 fficial Records of Brazos County, Texas, said corner being the northwest corner of Lot 2 accord' to said Replat and also being N 83 ❑ 10' 21" W a distance of 170' to the intersection of south ri -of-way line of said Twenty-Eighth street and the west right-of-way line of Texas Avenue; THEN S 06 ❑ 49'39" W along the west line of said Lot 2 of Replat a distance of 197.22' iron rod set for southeast corner, same being an interior corner of said Lot 2; THENC N 83 ❑ 10'2 1 " W along the most southerly north line of said Lot 2 a distance of 180.00' to a Chisel "X" set in a concrete parking lot for the southwest corner, same being in the east line of Lot 2, B k 5 of the Original Townsite; THENC N 06 ❑ 49'39" E a distance of 197.22' to a Chiseled "X" set in a concrete parking lot in the sou 'ght-of-way line of Twenty-Eighth (28) Street for the northwest corner, same being the northeas orner of Lot 5, Block 5 of said Original Townsite; THENCI -I- S 83 ❑ 10' 24" E along said south right-of-way line of Twenty-Eighth (28) Street a distance ~~_180.00'to the PLACE OF BEGINNING and containing 0.815 of one acre of land, more or less. TRACT BEGMIN G at a 1/2" iron rod set for the northeast corner, same being the northeast of Lot 10, Block T my-four (24) of said Original Townsite, and being located at the intersection of the south right-of- ay line of Twenty-Seventh (27) Street and the west right-of-way line of Texas Avenue; BAPTIST BRAZOS CfY EMK Page 14 v o 1' (0 THEN S 06 0 49'39" W along the west right-of way line of Texas Avenue a distance of 250.00' to a 1/ iron rod set for the southeast corner, same being the southeast corner of Lot 1, Block Twenty our (24) of said Original Townsite, and also being at the intersection of the west right-of- way line of Texas Avenue and the north right-of-way line of Twenty-Eighth (28) Street; THEN N 83 ❑ 10'21 " W along the north right-of-way line of Twenty-Eight (28) Street a distance of 5001'to a 1/211 iron rod set for the southwest corner, same being the southwest corner of Lot 1, Block S (6) of said Original Townsite, and also being at the intersection of the north right-of-way line of enty-Eighth (28) Street and the east right-of-way line of Regent Avenue; WHEN N 060 4939"E E along the east right-of-way line of Regent Avenue a distance of 250.00' to a Chi 'led "X" set in a concrete walk for the northwest corner, same being the northwest comer of Lot 6, B k 6 of said Original Townsite, and also being at the intersection of the east right-of-way line of gent Avenue and the south right-of-way line of Twenty-Seventh (27) Street; THEN S 830 10' 21" E along the south right-of-way line of Twenty-Seventh (27) Street a distance f 500.00' to the PLACE OF BEGINNING and containing an area of 2.87 acres of land, more or ss. TRACT BEG G at a iron rod set in the south right-of-way line of a 20' wide public alley for the northeas rner, same being located at the northeast comer of Lot 1-R, Block Twenty-Five (25) of the Orig Townsite as described in said Replat of record in Volume 1078, Page 784A, Official Records Brazos County, Texas, and also being at the northwest comer of Lot 4, Block Twenty- Five (25 f said Original Townsite; THENCE S 060 49'39" W along the west line of said Lot 4 a distance of 115.00' to a 1/2" iron rod set for th outheast comer, same being on the north right-of-way line of Twenty-Seventh (27) Street and also ing the southwest comer of said Lot 4; THENCE N 83 ❑ 10'2 1 " W along the north right-of-way line of said Twenty-Seventh (27) Street a distance 150.00' to a Chiseled "X" set in a parking lot for the southwest corner, same being at the intersect ' of the north right-of-way line of said Twenty-Seventh (27) Street and the east right-of- way line Washington Avenue; 115.00' set in a line of to the ]DW4" 106 ❑ 49'3 9" E along the east right-of-way line of said Washington Avenue a distance of Chiseled "X" ;ing lot for the northwest corner, same being at the intersection of the east right-of-way Washington Avenue and the south right-of-way of said public alley; 83 ❑ 10'20" E along the south right-of-way line of said public alley a distance of 150.00' `E OF BEGINNING and containing an area of 0.396 of one acre of land, more or less. BAPTIST BRAZOS CTY EMK Page 15 VOL 17/ EXHIBIT "B" GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PROPERTY, OR ANY 0 R MATTER AFFECTING OR RELATED TO THE PROPERTY (OTHER THAN W S OF TITLE AS PROVIDED AND LIMITED HEREIN). GRANTEE EXPRESSLY AGRE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPERTY IS CONV D "AS IS" AND "WITH ALL FAULTS", AND GRANTOR EXPRESSLY DISCL S, AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISC D, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY , ORAL OR WRITTEN, EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS HERE PROVIDED AND LIMITED) CONCERNING THE PROPERTY, INCLUDING, WITHO T LRA[TATION: (i) THE VALUE, CONDITION, MERCHANTABILITY, HABIT rQUALITY Y, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTI USE OR PURPOSE, OF THE PROPERTY; (ii) THE MANNER OR QUALITY OF THE C UCTION, OR THE MATERIALS, IF ANY, INCORPORATED INTO THE CONS ON, OF ANY IMPROVEMENTS TO THE PROPERTY; AND (iii) THE MANNER OF RE OF REPAIR, STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCH ROVEMENTS. BY GRANTEE'S ACCEPTANCE OF THIS DEED, GRANTEE REPREILE" NTS THAT GRANTEE HAS MADE: (i) ALL INSPECTIONS OF THE PROPERTY TO DE RMINE ITS VALUE AND CONDITION DEEMED NECESSARY OR APPROPRIATE BY GR.A TEE, INCLUDING, WITHOUT LIMITATION, INSPECTIONS FOR THE PRESENCE OF ASB STOS, PESTICIDE RESIDUES, HAZARDOUS WASTE AND OTHER HAZARDOUS MATE S; AND (ii) INVESTIGATIONS TO DETERMINE WHETHER ANY PORTION OF THE P PERTY LIES WITHIN ANY FLOOD HAZARD AREA AS DETERMINED BY THE U.S. ARMY CORPS OF ENGINEERS OR OTHER APPLICABLE AUTHORITY. JDW/LKM FHW BAPTIST BRAZOS CTY EMK Page 16 0 L P 'Go E EXHIBIT "C" MAJOR IMPROVEMENTS MAJO IMPROVEMENTS shall be defined in this Contract as repairs to, or replacement of, equipm t, fixtures, and/or structures that require a capital expenditure exceeding TWO THOU DOLLARS ($2,000.00). In all Major Improvement occurrences, Seller shall be responsible for the initial TWO THOU D DOLLARS ($2,000.00) of capital expenditure and: After sing and during Seller's occupancy but prior to June 1, 2006, Seller shall be respons le for 20 % of the cost of Major Improvements exceeding TWO THOUSAND DOLL ($2,000.00). Seller's contribution shall not exceed TEN THOUSAND DOLLARS ($10,00 0) per occurrence; From J e 1, 2006 until Seller's vacation of the Property, Seller shall be responsible for 10 % of the c t of Major Improvements exceeding TWO THOUSAND DOLLARS ($2,000.00). Seller's i ontribution shall not exceed TEN THOUSAND DOLLARS ($10,000.00) per Seller s4#11 confer with Purchaser regarding any Major Improvement. JDW/LKM FHW BAPTIST BRAZOS CTY EMK Page 17 ~9- q~