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HomeMy WebLinkAbout2007-01-16-6:00PM-REGULARBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 16 JANUARY 2007 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Judge Sims. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 —16: 3. Proclamation 07 -001 recognizing Becky Segrest and her many years of dedicated service to the Brazos County Juvenile Board as the Citizen's Advisory member. 4. Budget Amendment 06/07 -13.1 thru 06/07 -13.4. 5. Reclassification of the following position in the Sheriff's Office — Jail Division as follows: from Class 1549, Position 2, Correctional Health Professional / CMA to Class 1510, Position 1, Correctional Health Professional /EMT. 6. Personnel Change of Status. 7. Payment of Claims. 8. Order 07 -001 dividing one election precinct and combining into another election precinct. Orden 07 -001 para divider un precincto de elecciones y la combinaci6n con otro precincto de elecciones. Office of the County Judge . 300 East 26'" St. . Suite 114 . Bryan, Texas 77803 . Fax: (979) 361 -4503 Commissioners Court Agenda 16 January 2007 Page 2 9. Economic Development Agreement with the Research Valley Partnership, the City of College Station, and Reynolds and Reynolds Company to facilitate the retention of existing operations and additional expansion. 10. Reappointment of the following individuals to the Brazos County Emergency Services District #4 Fire Commissioners Board as fire commissioners, effective 1 January 2007 through 31 December 2008: a. Dorothy Dlabay b. Dale Ison. 11. Tax Refund Applications for the following: a. Norberto Melendez, Jr. b. Julie & Michael Crockett c. Neal Cannon, Jr. d. Jerry C. Cooper e. Fideris,Inc. f City of College Station g. Seven Group Casa Blanca, LTD h. Arteka Johnson i. Joe Munos 12. Permission to advertise Bid 2007 -021, Purchase and Construction of a Metal Building for Brazos County. 13. Capital purchase of tables and chairs for the Expo Center per requisition #00012476, contingent on approval of the related budget amendment. 14. Requisition 00012352 for the purchase of AV equipment for the Community Emergency Operations Center. 15. Acknowledgement of the 2006 Racial Profiling Statistical Report for Constable Wayne Thompson, Precinct 3. 16. Acknowledgement of the certificates of completion for the required course of training on the Public Information Act and the Open Meetings Act for George H. Boyett, Justice of the Peace -- Precinct 3. 17. Announcement of interest items and possible future agenda topics. 18. Call for citizen input and/or concerns. 19. Agency / Board / Committee reports by Court members. 20. Adjourn The Brazos Center is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361 -4102. ., , &3 COMMISSIONERS' COURT REGULAR MEETING JANUARY 16, 2007 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos Center 3232 Briarcrest Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, January 16, 2007 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, 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, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. The County Judge gave the invocation and led the pledge of allegiance. There was no citizen input /and or concerns. The County Judge read aloud a Proclamation #07 -001 recognizing Rebecca Segrest's 25 years of service to the Brazos County Juvenile Board. The Court thanks Mrs. Segrest for serving on the Brazos County Juvenile Board and having so graciously and voluntarily given so much of her valuable time and expertise serving the children of Brazos County, Texas. On motion by the County Judge, seconded by Commissioners Peters Vol qD Page 0 Commissioners Court meeting January 16, 2007 2 and Cauley, the Court moved to recognize Mrs. Rebecca Segrest for her many years of faithful and dedicated service to the children and citizens of Brazos County. Mr. Doug Vance, the Director of Juvenile Services presented Mrs. Segrest with a plaque and a gift from the Juvenile officers and departmental employees. The Court next considered Budget Amendment #06/07 -13.1 through 13.4, which would reallocate funds for the 85th District Court, District Clerk Collections Department, Brazos Center, and Expo Center. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The next matter before the Court was a request from the Jail Administrator to reclassify the following position in the Jail Division: From: Class 1549, Position 2, Correctional Health Professional /CMA To: Class 1510, Position 1, Correctional Health Professional /EMT The position will continue to be funded by vacancies in Class 1509. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. Vol Q O Page 65 Commissioners Court meeting January 16, 2007 3 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7027125 through 7027326 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was to consider adopting Order #07 -001, Dividing One Election Precinct and Combining into Another Election Precinct. The new boundary lines of the City of Bryan do not follow the existing election precinct lines created by Brazos County. Sec. 42.008 (1) of the Texas Election Code provides for combining election precincts. Pursuant to Section 42.007 of the Texas Election Code Election Precinct 67 would be divided to follow the City of Bryan city limit lines in Brazos County, Texas as follows: 1. Election Precinct 67 be divided and be combined with Election Precinct 70A; 2. Election Precinct 70A be extended to follow the new City of Bryan city limit lines and vote at Vol qV Page Commissioners Court meeting January 16, 2007 4 the current polling location; 3. That submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the pre - clearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt the Order #07 -001, Dividing One Election Precinct and Combining into Another Election Precinct for additional voting precincts. A copy of the Order is attached hereto. The Court next considered entering into agreement with the Research Valley Partnership, the City of College Station, and Reynolds and Reynolds Company to facilitate the retention of existing operations and additional expansion. The County agrees to provide economic development grants in an amount not to exceed $55,000.00 per year provided that certain conditions are met as established in Article IV of this Agreement. The term of the agreement shall begin on the date of execution and continue for ten (10) years unless terminated as provided in the Agreement. Todd McDaniel explained the process for the Agreement. Commissioner Mallard asked about payroll. Bob Malaise representing the Research Valley Partnership told the Court that Reynolds and Reynolds Company will be required to maintain an 18 million dollar payroll with an increase of up to Vol q() Page 67 Commissioners Court meeting January 16, 2007 5 5 additional million dollars. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to enter into agreement with the Research Valley Partnership, the City of College Station, and Reynolds and Reynolds Company to facilitate the retention of existing operations and additional expansion. A copy is attached. The next matter before the Court was the appointment of individuals to serve on the Brazos County Emergency Services District #4 Fire Commissioners Board. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to appoint the following individuals: a. Dorothy Dlaby b. Dale Ison The term of service will be for two years beginning January 1, 2007 and ending on December 31, 2008. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a) Norberto Melendez, Jr., Over Payment $4.31 b) Julie & Michael Crockett Over Payment $34.75 c) Neal Cannon, Jr., Over Payment $9.26 d) Jerry C. Cooper, Over Payment $695.07 e) Fideris, Inc., Over Payment $221.40 f) City of College Station, Over Payment $33.48 g) Seven Group Casa Blanca, LTD, $723.76 h) Arteka Johnson, Over Payment $7.87 i) Joe Munos, Over Payment $374.6 Vol 6?0 Page & R- Commissioners Court meeting January 16, 2007 6 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2007 -021, Purchase and Construction of a Metal Building for Brazos County. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Purchase and Construction of a Metal Building for Brazos County. The Court next considered approval of requisition No. 00012476 in the amount of $131,277.40 for the purchase of tables and chairs for the Exposition Center. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The next matter before the Court was consideration of requisition 0012352 in the amount of $59,944.00 to purchase AV equipment for the Community Emergency Operations Center. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next acknowledged receipt of the 2006 Racial Profiling Statistical Report for Constable Wayne Thompson, Precinct 3. Vol 90 Page (013 Commissioners Court meeting January 16, 2007 7 The Court acknowledged receipt of certificates of completion for the required course of training on the Public Information Act and the Open Meetings act for George H. Boyett, Justice of the Peace, Precinct 3. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Reported on the area wide multi jurisdictional radio grant. This is an 80%/20% grant that will assist public safety agencies in the acquisition of, deployment of, or training for the use of interoperable communications systems. This is a chance to come together with a similar radio system, using current radios. He would like to hire a consultant to help with the logistics of submitting a grant application. Mr. Mallard encouraged the other entities to make their decision quickly because grants will be awarded no later than September 30, 2007 There was no citizen input and /or concerns. There were no Agency /Board /Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol YO Page 7o The foregoing minutes of the Commissioners Court meeting held January 16, 2007 have been examined and are approved in open Court this the J-09- day Brazos Count\L. Texas. xanay 5i County dge UL ' - Duane Peters Commissioner, Precinct 2 absen4- Carey Cauley, Jr. Commissioner, Precinct 4 Attest: Karen McQueen County Clerk of 2007, in Bryan, Vol 90 Page 71 Lloyd Wassermann Commissioner, Precinct 1 Kenny Malla� �L Commissioner, Precinc 3 Pg L of -I- BRAZOSCOUNTY COMMISSIONER'S COURT L00 AMA�M9 Name (PLEASE PRINT) PL 1 Organization (PLEAPRINT) �Up Ry q� �j, L 7A BRYAN. TBXAB PROCLAMATION Honoring Ms. Rebecca Segrest In Appreciation for Her Years of Service To the Brazos County Juvenile Board #3 rWhereas� the Brazos County Juvenile Board is the governing body of the Brazos County Juvenile Probation Department; and Whereas, at least one member of the Brazos County Juvenile Board must be of a voluntary, non judicial nature representing the Citizens of Brazos County; and Where" Mrs. Rebecca Segrest has faithfully and voluntarily served in the capacity of "Citizens Advisory Member" from 1983 — 2006; and Whereas during Ms. Segrest's long tenure on the Brazos County Juvenile Board, the Brazos County Juvenile Probation Department has successfully been able to expand and change over the years as was necessary to meet the ever increasing needs of the children and families they serve; and vYherea,, Ms. Rebecca Segrest, in serving on the Brazos County Juvenile Board for almost 25 years, has for so long graciously and voluntarily given so much of her valuable time and expertise serving the children of Brazos County, Texas; and vVherea, , recognizing that our children are our most valuable asset; 'V&w, Therefore, Be It Proclaimed that the Commissioners Court of Brazos County, Texas does hereby recognize 94s. 146ecca Segrest for her many years of faithful and dedicated service to the children and citizens of Brazos County, Texas. In Witness Thereof, I set my hand and seal of the County of Brazos to be affixed this the 16" day of January, 2007. dy Sims ounty Judge qd .., '73 Pn[ho.lim MD]pl Pt BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-13.1 thru 06/07 -13.4 On this the 16`" day of January 2007 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 16 January 2007 the Court heard and approved a budget amendment for the 2005 -2006 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 12 September 2006, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 16'" day of January 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. 0 Randy 5,dns, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes R q� -74 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 -13.1 fu BRAZ ©S COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 -13.2 1/16/2007 /� _ . 7(P BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 -13.3 X10 7-7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 -13.4 :.9a 78' PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 16, 2007 Department Submitting Information: Human Resources )ose of Submissions: Consider and Take Action on Chan Department Submitting Employee Request Action Requested Request(s) Applies To Building Maintenance County Attorney SO /Jail D.A. — County Judge Hall, David Anderson, Justin French, Stephanie Wendt, Stephanie Platz, Mallory Kay New Hire Resignation Transfer within Dept. Transfer to Another Dept. New Hire Macaulay, Karin Transition Training — Temp. Approved in Commissioners' Court: January ] County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) �, _ 90 79 ORDER DIVIDING ONE ELECTION PRECINCT AND COMBINING INTO ANOTHER ELECTION PRECINCT WHEREAS, the City of Bryan approved Ordinance # 1609 annexing 20.322 acres of land located in Voting Precinct 67; and WHEREAS, the new boundary lines of the City of Bryan do not follow the existing election precinct lines created by Brazos County; and WHEREAS, Section 42.007 states "A commissioners court may not establish a county election precinct containing territory inside a city with a population or 10,000 or more and unincorporated territory outside the city"; and WHEREAS, the Commissioner's Court is desirous of complying with the City of Bryan city limit lines, and the Election Code; and WHEREAS, compliance with the Texas Election Code requires the division of one (1) voting precinct and combining the annexed portion into another voting precinct; and WHEREAS, Section 42.008 (1) of the Texas Election Code provides for combining election precincts; NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, that Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 67 be divided to follow the City of Bryan city limit lines in Brazos County, Texas, to wit: 1. Election Precinct 67 be divided and be combined with Election Precinct 70A; 2. Election Precinct 70A be extended to follow the new City of Bryan city limit lines and vote at the current polling location; 3. That submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act AOrder #07 -001 ADOPTED this day of 2007 by a vote of AYES and NAYS. ATTEST: Karen McQueen, County Clerk Order H07 -001 ECONOMIC DEVELOPMENT AGREEMENT This Economic Development Incentive Agreement ( "Agreement") is made by and between the Research Valley Partnership, Inc. (the "RVP "), the City of College Station, Texas (the "City"), Brazos County, Texas (the "County") and Reynolds and Reynolds Company, a Delaware Corporation (the "Company "), acting by and through its authorized officers. WITNESSETH: WHEREAS, the Company owns land and existing improvements located at 200 Quality Circle, College Station, Texas 77845 (hereinafter collectively defined as the "Property'); and WHEREAS, the Company operates a design, development and support office for computer hardware and software utilized in the automotive and disaster recovery industries; and WHEREAS, Reynolds and Reynolds Company currently has two (2) home offices as a result of merging with Universal Computer Systems, Inc.; and WHEREAS, the Company desires to retain its home office in College Station and Brazos County, and not relocate its current workforce, and expand its operations at the Property which is expected to generate new employment payroll valued at $3 Million; and WHEREAS, the City and the County have programs for promoting economic development; and WHEREAS, LOCAL GOVERNMENT CODE Chapters 380 and 381 authorizes the City and County, respectively, to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City and County; and WHEREAS, the City and County have determined that making economic development grants in accordance with this Agreement will further the objectives of and will benefit the City's and County's inhabitants; now, therefore, IN CONSIDERATION OF the foregoing, and on the terms and conditions hereinafter set forth, the parties agree as follows: ARTICLE I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: "RVP" shall mean the Research Valley Partnership, Inc. O: IEconomic Developmen[Vn Progress)UCS - ReynoldslEconomic Development Agm1- FINAL - 12- 27- 06.doc 111) 9,:� "City" shall mean the City of College Station, Brazos County, Texas. "County" shall mean Brazos County, Texas. "Company" shall mean Reynolds and Reynolds Company, a Delaware corporation. "Personal Property" shall mean equipment, furniture and fixtures located at the Property after the date of this Agreement. "Property" is 200 Quality Circle, the legal description being Lots 1 and 2, Block 2 of the Business Center at College Station Phase One consisting of approximately 31.853 acres of platted property. The property is described in Exhibit A attached hereto and incorporated herein by reference. "Retention and Expansion Grant" shall mean economic development grants in the sum of $30,000.00 each from the City and the County payable annually for the term of this Agreement as long as Company maintains real and Personal Property valued at least $24,000,000.00 at the Property and maintains a payroll of $18,000,000.00 "Payroll Grant" shall mean an economic development grant in the sum of $5,000.00 each from the City and County payable annually for every one million dollars ($1,000,000.00) of payroll added to Company's existing payroll of $18,000,000.00 or maintained for the term of this Agreement. However, Payroll Grants shall not exceed $25,000.00 per year. "Maximum Grant Amount" shall mea Agreement for Retention and Expansion Grants the City and County combined. 1 $60,000.00 per year for the term of this and $50,000.00 a year for Payroll Grants from "Employment Positions" shall mean part-time and full -time positions of the Company at the Property. "Required Use" shall mean the Company's continuous operation of a business that designs, develops and supports computer hardware and software for the automotive and disaster recovery industries at the Property, subject to temporary cessations of such operation as a result of an event of a Force Majeure. "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of the Company's existence as a going business, insolvency, appointment of receiver for any part of such party's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such parry and such proceeding is not dismissed within ninety (90) days after the filing thereof. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, 2— 0.TE nomic De IopmentVn Progre IUCS- Rrymlds1Econ0mtc Development Agmt- FINAL- 11.17.06.doc �� X2 insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the party), fires, explosions or floods. ARTICLE II Term The term of this Agreement shall begin on the date of execution hereof and continue for ten (10) years, unless sooner terminated as provided herein. ARTICLE III Economic Development Grants Grant Payments. The City and County each agree to provide economic development grants in an amount not to exceed $55,000.00 per year provided that certain conditions are met as established in Article IV of this Agreement. The City and County grant payments may consist of Retention and Expansion Grants and Payroll Grant(s), but, under no circumstances, shall they exceed the Maximum Grant Amount. Source of Grant Payments. The calculations of the City and County grant payments are computed with reference to Company performance. The City or County may make such payment from any lawfully available source and ad valorem taxes are not specifically pledged to such payment; provided that the City and County agree to set aside funds from lawfully available sources in each budget year sufficient to timely make the annual City and County Grant Payments. Amounts payable under this provision shall constitute economic development funds under Article III, Sec. 52 -a, TEXAS CONSTITUTION; and, therefore, are not considered to be constitutional debt of the City or County. The obligations of the City and County are strictly limited to the Maximum Grant Amount. ARTICLE IV Conditions for Payment of Economic Development Grants The City and County's obligation to pay the Retention and Expansion Grants and Payroll Grant(s) hereunder shall be conditioned upon the Company's compliance and satisfaction of each of the following conditions: 1) The Company shall, as a condition precedent to the payment of the initial Retention and Expansion Grant and no later than March 31, 2008, provide the City, County and RVP with an invoice, receipt or other written evidence that the Company has real and Personal Property located at the Property with a value of not less than $24,000,000.00. No later than March 31st of each subsequent year of this Agreement, the Company shall provide the City, County and RVP with evidence that the Company continues to own the real property and that such real property and Personal Property has a combined value of $24,000,000.00. Upon submission of such evidence and no later than April 30th of that year, the Company shall be eligible to receive the Retention and Expansion Grant. -3— O: IEcotwmtc Dewlopmentlln Progreul UCS- ReynoldsTconomic DmiopmentAgmt - FINAL - 12- 27 -06.doc 9d 'Y// 2) No later than March 31, 2007, the Company shall provide to the City, County and RVP, Texas Workforce Commission quarterly reports for the preceding year, represented as to their accuracy by the Chief Financial Officer, and demonstrating, as of the date of this Agreement, that the Company has a current payroll of $18,000,000.00 The Company agrees that such payroll will be maintained at the Property at a minimum for the term of this Agreement. 3) The Company shall be eligible for Payroll Grant(s) for each year the payroll at the Property is increased by $1,000,000.00 or maintained above the current $18,000,000.00, based upon new Employment Positions. During each year of the Agreement, the City and County shall pay to the Company, Payroll Grant(s) as follows: a) No later than March 31" of each year of this Agreement, beginning on March 31, 2008, the Company shall submit to the City, County and RVP, Texas Workforce Commission quarterly reports for the preceding year, represented as to their accuracy by the Chief Financial Officer of the Company, and such other information as may be reasonably requested by the City, County and/or RVP to document the creation or maintenance of new payroll for Employment Positions at the Property. b) Upon submission of such evidence and no later than April 30`h of that year, the Company shall be eligible to receive Payroll Grant(s). Payroll Grant(s) are not subject to adjustments for partial compliance with the Payroll Grant requirements. 4) During the term of this Agreement, the Company agrees to continuously own and occupy the Property and to use the Property only for the Required Use. In addition, the Company shall not allow the operation of the Property in conformance with the Required Use to cease for more than thirty (30) days except in connection with and to the extent of an event of a Force Majeure. 5) The Company shall not have an uncured breach or default of this Agreement. ARTICLE V Monitoring and Payment The RVP shall monitor the performance of Company and notify the City and County of Company's compliance with this Agreement. Upon notification of compliance and payment of ad valorem taxes to the Brazos County Tax Assessor, the City and County shall remit funds to Company per this Agreement. The RVP shall monitor and insure that City and County are in compliance with their obligations per this Agreement. ME O:IEconomtc DevelopmentVn Progress) UCS- ftwIdslEm mtc Development Agmt - FINAL - 12.27.06.doc q� , Vs ARTICLE VI Termination This Agreement shall terminate upon any one of the following: (a) by written agreement of all of the parties. (b) the expiration date. (c) by either party in the event the other party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof. (d) by the RVP, City or County if Company suffers an event of bankruptcy or insolvency. (e) By the RVP, City or County if any subsequent federal or state legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. (f) By the RVP, City or County if any impositions (for example, but not limited to, fees, taxes, charges) owed to the City, the County or the State of Texas by the Company shall become delinquent, provided the Company retains the right to timely and properly contest any such impositions. In the event the Agreement is terminated, the City and County shall stop payment of future economic development giant payments. If terminated pursuant to (c), (d), (e) or (f), the Company shall immediately refund to the City and the County all payments made under this agreement. ARTICLE VII Indemnity Company agrees to and shall indemnify and hold harmless and defend the RVP, City and County, their officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all reasonable expenses of litigation, court costs, and reasonable attorney's fees, for injury to or death of any person, for damage to any property, for any breach of contract, or its failure to abide by all applicable environmental laws, rules and regulations arising out of or in connection with the Company's operation at the Property. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit, and liability where the injury, death, or damage results from the negligence of the City, and the City's percentage of fault is deemed to be equal to or greater than fifty percent (50 %) of the fault. Company shall also defend, indemnify and hold harmless the RVP, City and County, their officers, agents and employees, from all suits, actions or claims challenging the validity or any terms of this Agreement. Company shall provide a defense of such -5— 0: Wconomtc DevelopmentVn Progress)UCS- ReynoldsZconomic Development Agmt -FINAL - I2- 17.06.doc claims at its own expense with legal counsel who shall report to and represent the RVP, City and County. ARTICLE VIII Release Company releases, relinquishes and discharges the RVP, City and County, their officers, agents and employees, from all claims, demands, and causes of action of every hind and character, including the cost of defense thereof, for any injury to or death of, any person (whether they be any of the parties hereto, their employees or other third parties) and any loss of or damage to property (whether property of any of the parties hereto, their employees, or of third parties) or the Company's failure to abide by all applicable environmental laws, rules and regulations that is caused by or alleged to be caused by the Company, arising out of, or in connection with this development agreement. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit, and liability where the injury, death, or damage results from the sole negligence of the RVP, City and County, and the RVP, City and County's, percentage of fault is deemed to be equal to or greater than fifty percent (50 %) of the fault. ARTICLE IX Assignment This Agreement may not be assigned by the Company. Additionally, a change in ownership, in a single transaction, of fifty plus one percent of the stock of the Company shall be considered an assignment for purposes of this paragraph. An assignment as prohibited above shall cause this Agreement to terminate immediately and the grants as provided for herein shall cease. Such assignment shall, however, not be considered a default of the Agreement so as to require the recapture of any grants heretofore granted. ARTICLE X Invalidity If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. ARTICLE XI Written Notice All notices required by this Agreement (i) shall be in writing, (ii) shall be addressed to the parties as set forth below unless notified in writing of a change in address, and (iii) shall be deemed to have been delivered either when personally delivered or, if sent by mail, in which event it shall be sent by registered or certified mail, return receipt requested, three (3) business days after mailing. The addresses of the parties are as follows: -6— O:IEconomk DevelopwntVn Progress)UCS - Reynolds1Economlc Development Agm! -FINAL - 12- 27- 06.doc q'D ., 9 7 To COMPANY: Reynolds and Reynolds Company 200 Quality Circle College Station, TX 77845 Attn: Carlan Cooper -and- Reynolds and Reynolds Company 6700 Hollister Houston, TX 77040 Attn: Mr. Robert T. Brockman To CITY: City of College Station P.O. Box 9960 College Station, TX 77842 Attn: Ron Silvia, Mayor To RVP: Research Valley Partnership, Inc. 1500 Research Parkway, Suite 270 College Station, TX 77845 Attn: Mitch Moorehead, Chairman To COUNTY: Brazos County, Texas 300 East 261h Street Bryan, TX 77803 Attn: Randy Sims, County Judge ARTICLE XII Entire Agreement It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings, written or oral, between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, RVP or County, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. ARTICLE XIII Amendment No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of the Company, City, RVP and County. IRA! O:IEconomic Deve*wntVn FrogressWCS - Reynoldsl&onomic Detie4wntAgmt -FINAL - 12- 27- 06.doc /1' N g� ARTICLE XIV Texas Law This Agreement has been made under and shall be governed by the laws of the State of Texas. ARTICLE XV Place of Performance Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. ARTICLE XVI Authority to Enter Contract Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign,on behalf of their respective corporations. ARTICLE XVII Waiver Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of the party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. ARTICLE XVIII Counterparts This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. ARTICLE IX Survival of Covenants Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. -8— O: Tcowmic DevelopmenlVn Progrewk=- ReynoldsTS nomlc Development Agmt - FINAL - 12- 17.06.doc qO g� Executed on this day of _ 2006. THE RESEARCH VALLEY PARTNERSHIP, INC., a Texas nonprofit corporation I Mitch Moorhead, Chairman CITY OF COLLEGE STATION, TEXAS ATTEST: BY: Connie Hooks, City Secretary ATTEST: Karen McQueen, County Clerk Ron Silvia, Mayor APPROVED: City Manager Attorney Chief Financial Officer BRAZOS CO TY, EXAS %(y j BY: Randy *s, County Judge OAEconomic Deve4wnNn ProgresslUCS - ReynoldslEconomlc DevelopnenlAgmf -FINAL - 12- 27 -06.doc REYNOLDS AND REYNOLDS COMPANY BY: Printed Name: Title: THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF Before me, the undersigned authority, on this day personally appeared as of REYNOLDS AND REYNOLDS COMPANY, a Delaware corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the _day of 2006. Notary Public in and for the State of Texas THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS Before me, the undersigned authority, on this day personally appeared MITCH MOREHEAD as CHAIRMAN OF THE BOARD of THE RESEARCH VALLEY PARTNERSHIP, a Texas Non - profit Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of 2006. Notary Public in and for the State of Texas _10— O: Ocowmic Developmenign Progress)UCS- ReynoldslEwnomic Developnent Agmt - FINAL - 12-2 7-06. doc THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS Before me, the undersigned authority, on this day personally appeared RON SILVIA as MAYOR of the CITY OF COLLEGE STATION, a Texas home rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of 2006. Notary Public in and for the State of Texas THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS Before me, the undersigned authority, on this day personally appeared RANDY SIMS as COUNTY JUDGE of BRAZOS COUNTY, a Texas known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. 7 Given under my hand and seal of office on this the -_day of 2000, O&C Notary Public in and for the DEsBE LOCKLEDOE State of Texas MOd�r11MICltA1E0f1ElA1 le COMU! /10/ uvieu: JULY B, 2007 -11— O:Tcommic Dm1opment'1n ProgmnWCS - Reynol*Txonomic Development 9gmt -FINAL - 11- 17- 06.doc C e L p� P1ELD NOTES 31.853 ACRES Being all that certain treat or parcel of land lying and bd% meted in the S.W. ROBERTSON SURVEY, A -202 in College Station, Braves County, Tam and being all of Lots l and 2, Block Two (2) of The Business Center at College Session, Phase One Ammft Plat as recorded in Volume 2763, Page 55 of the Ofichi Records ofBams County, Taxes (O.R.B.C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a 1/2- inch 'von rod found marling the crest westerly coma of Lot 1, Block 2 of aid Business Cava at College Station, Phan One Amending Plat and trucking the most northerly iota action of the northeast dghtof wq fiat of Lekewsy Drive (bored on a 80 -foot widtlO and the southeast right-cf- way line of Quality Circle (hasad on a 70 -foot width); 77MNCE: Wong said Quality Circle rigM- of-way tint for the following ten (10) calls; (1) 97.45 foe in a vouma- clockwise direction alog8 the are of a curve having a None) antis of 10' 26' 10", a radius of 535.00 feet, a tangart of4&86 fleet and a loot chord hearing N 46' 26'09" E e a distance of97.31 feet to a Minch iron rod found forthe Point ofTangeney, (2) N41' 13'04" E for a distance of 646.48 fed to a 1/24ach iron rod found for the Pokes of Curvature ofa curve to the right, (3) 769.63 feat along the arc of avid save having a central angle of 94' 49 520, a radius of 465.00 fact, a tangent of 505.96 feet and a long chord heating N 88' 38' 00" E at a distance of 684.74 led to a 1/2-inch iron rod found for the Point of Tangency, (4) S 43' 57'04"4 for a distance of 760.84 feet to a 1/24 ch iron red found for the Point of Curvature ofa cum to the right, (5) 58.41 fed along the are of said curve having a central angle of 83' 391340. a radius of 40.00 fact, a tangent of35.81 that and a Ions cord hearing S 02' OT 17" E at a distance of 53.35 fed to a I*4nch iron rod fowl for the Point ofTangenoy, (6) S 39' 42' 30" W fora distance of 386.78 fed to a 1/2 -inch iron rod found for the Point of Curvature ofa curve to the right, (7) 36521 fed along the cart of said curve having a central angle of 45' 00' 00 ", a radius of 465.00 feet, a magest of 192.61 tact and a long lard hearing S 62' 121300 W at a distance of 355.90 fast to a 1/2 -inch Iron rod farad fbr the Point of Tangency, (8) S 84' 42'30" W for a distance of 288.59 fed to a lfbinch iron rod found for the Point of Curvature of a curve to the Iek (9) 190.43 feet along the arc of said antra having a central angle of 20' 23'37, a radius of 535.00 feet, a tangent of 96.23 lad and a long chord hearing S 74' 30' 41" W at a distance of 169.42 fed to a I/2 -inch iron rod found for the Point of Tangency and (10) S 64' 18s5r W ferirfisuane of7027 fad to a lunch iron rodfdmd for coma, said iron rod meldtg theme[ aoutptadyiataaeati000f thtr beforeraid'northfist rlgih4df- -way line of Lakeasy Drive and the northwest Gne oeoup&ty privy, .. . THENCE: along said LftwayDrisealme for thafo@owingfar,J4)o2 (1) 434. 691baef;, itckoo0drdrdoelt (vie'dvecti9nibagthe 4eof a awe having a Cenral angle of 29' 39101 0. a adius of 840.00 look a tangent of222.33 fat and a long chord bearing N 42' 53' 54" W at a distance of 429.86 lbet to a la -inch iron rod tbund for. die Point ofTsnge cy, (2) N $70,43'250 W for a distance of 106.72 feet to a V24ach Iron rod found for the Point of Curvature of a save to the right, . (3) 373.43 fact along the eio'of mid curve laving a cenhvl angle of 23" 37'44", a radius of 760.00 fad, Tangent of 158.97 fat and a long chord heating N 45' 54'34' W at a distance of 311.22 feet to a 142 -inch Iron rod found marking the Point ofTangeney and (4) N 34' 05' 41" W fora distance of 17.03 fed to the POINT OF BEGINNING and txntaiobg 31.853 acres of land, more or lea. L Michael R. MoMre, Registered Professional Surveyor No. 2859 in the State of Texan do on* to the bet ofmyknowledge, kdormation and belief and in my oph ado n that this MMY is tare correct sad agrees with a survey made an the ground under my aupaviabn end the this advice aubdxndaBY conform to the standards and spedficatons for a Tame Society of Pteleaionel Surveyor; Category IA, Condition B Survty. �✓lu:E�rr.�iih � ohlk Michael R. MoC3uM R.P.L.S. 82859 . EXHIBIT A WAYNE THOMPSON CONSTABLE PCT. 3 JUSTICE PRECINCT NO.3 COUNTY OF BRAZOS 1500 GEORGE BUSH DR. COLLEGE STATION, TEXAS 77840 (979) 694 -7900 FAX (979) 694 -7902 January 5,2007 SUMMARY OF 2006 RACIAL PROFILING STATISTICAL REPORT; A summary of the statistics shows that 401 out a total of 490 citations written were to the white race. This is due to the area of the county that most of the citations were written. There were no searches conducted. There were 83.5% of the total citations written to the white race for hazardous traffic violations. 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