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HomeMy WebLinkAbout2008-03-25-9:00AM-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 25 MARCH 2008 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -17: 3. Budget Amendment 07/08-23.1 thru 07/08-23.3. 4. Reclassification of the following positions in the Human Resources Department: a. HR Accountant (Class Code 0115) from Group 17, Step 2 to HR Assistant (Class Code 0118), Position 2, Group 15 Step 3, with the excess funds (estimate: $2,787) moved from this position to the HR Assistant, Position 1. b. HR Assistant (Class Code 0118), Position 1, Group 14, Step 2 to Group 15, Step 3. 5. Personnel Change of Status. 6. Payment of Claims. 7. Designation of Officials responsible for various interactions with the Internal Revenue Service regarding the 2005 Employment Tax Examination. Office of the County Judge • 300 East 26'" St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 01 33 Commissioners Court Agenda 25 March 2008 Page 2 8. Renewal of the Agreement with InterStor Design Associates, Inc. for preventive maintenance and extended service on the mobile filing/storage system located in the Brazos County Detention Center. Term of this agreement is 5/25/08 to 5/28/09. 9. Renewal of the Contract with ChoicePoint Business and Government Services, Inc. for the County Attorney's Office use of AutoTrackXP. Term of this agreement is 4/01/08 through 3/31/09. 10. Change to the County's Flexible Benefits Cafeteria Plan participation period from 90 days of employment to 30 days of employment. 11. Renewal of Bid 2008-033R, Mowing of County Rights-of-Way, with Wellmann Enterprises with a 2.3% increase. 12. Purchase of a Tommy Lift Gate with Platform at the cost of $2,179 to assist road crews loading and transporting heavy small machinery/equipment to work sites. 13. Request from Verizon Communications to relocate (at Brazos County's request) buried communications cable in the right of way of Fickey Road; 500 ft. of new buried cable will be constructed at a minimum depth of 30 inches, to the new right of way of Fickey Road at Sand Creek to accommodate new bridge construction. Site is located in Precinct 2. 14. Acceptance of a Special Warranty Deed from William R. Klemm for improvements to Grassbur Road located in Precinct 2. 15. Earnest Money Contract and grant authorization for the County Judge to sign all documents necessary for the sale of 0.48 of one acre of land along Jones-Butler Road located in Precinct 1. 16. Payment Authorization in the amount of $14,564.98 to Affiliated Communications for the emergency replacement of telephone equipment after damages from a lightning strike; a purchase order was not obtained in advance. 17. Payment Authorization in the amount of $322.00 to Software House International; the purchase order was closed incorrectly. 18. Announcement of interest items and possible future agenda topics. 19. Call for citizen input and/or concerns. 20. Agency / Board / Committee reports by Court members. 21. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days befo e the meetjug, ITo make arrangements, call (979) 361-4102. loj I'M COMMISSIONERS' COURT REGULAR MEETING MARCH 25, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, March 25, 2008 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. The attached sheet contains the names of the citizens and officials that were in attendance. The Reverend Jones gave the invocation and then Commissioner Cauley led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #07/08-23.1 through 23.3 that would reallocate funds for Capital Projects- Commissioners Court, Brazos County Grant Funds: Bryne Justice Assistance Grant, and Justice of the Peace, Precinct 4. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget Vol Iu~ Page 35 Commissioners Court meeting March 25, 2008 2 amendments as submitted. A copy of the amendment is attached. The next matter before the Court was consideration of a request from the Human Resources Department for permission to reclassify the following positions: a. From: HR Accountant Class Code 0115, Group 17, Step 2 To: HR Assistant Class Code 0118, Position 2 Group 15, Step 3 Excess funds approximately $2,787 moved from this position to the HR Assistant, Position 1. b. HR Assistant, Class Code 0118, Position 1, Group 14, Step 2 To: Group 15, Step 3. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7047909 through 7048149 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. Vol I b~ Page 3 ~p Commissioners Court meeting March 25, 2008 3 The next matter before the Court was the designation of Officials responsible for various interactions with the Internal Revenue Service concerning the 2005 Employment Tax Examination. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to identify the following officials responsible for various interactions with the Internal Revenue Service: County Treasurer County Judge County Commissioners All Elected Officials Department Heads The next matter before the Court was consideration of renewal of the InterStor Design Associates Preventative Maintenance and Extended Service Agreement for the mobile filing/storage system located at the Brazos County Detention Center. The cost of the annual contract is $225.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal of the InterStor Design Associates Preventative Maintenance and Extended Service Agreement for the mobile filing/storage system located at the Brazos County Detention Center. A copy is attached. The Court next considered the renewal of the current contract with Choicepoint Business and Government Services, Vol 10 7 Page 37 Commissioners Court meeting March 25, 2008 4 Inc. This contract would allow for the County Attorney Investigators to continue their use of AutoTract Service. The monthly charge is increasing to $650.00 per month from $250.00 per month. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to renew the contract with Choicepoint Business and Government Services. The next matter before the Court was to consider changing the Flexible Benefits Cafeteria Plan participation period from 90 days to 30 days. This is to remain consistent with allowing employees to participate with other benefits after 30 days of employment. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request and adopt Amendment No. 1 to the Brazos County Flexible Benefits Cafeteria Plan, Plan Document & Summary Plan. A copy is attached. The Court next considered a request from the Purchasing Department to renew bid 2008-033R with Wellmann Enterprises for the mowing of the County right-of-way. The increase of 2.3 percent will bring the rate for fence to fence mowing to $100 per mile and safety mowing a new rate of $81.84 per mile. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request for renewal of bid 2008-033R. A copy is attached. Vol ( 0 Page 3K Commissioners Court meeting March 25, 2008 5 The next matter before the Court was consideration of the purchase of a Tommy Lift Gate with Platform at the cost of $2,179.00 to assist road crews loading and transporting heavy small machinery/equipment to work sites. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The Court next considered the request from Verizon Communications to relocate buried communications cable in the right-of-way of Fickey Road. 500 feet of new buried cable will be constructed, at a minimum depth of 30 inches, to the new right-of-way of Fickey Road at Sand Creek to accommodate new bridge construction. This work was requested by Brazos County. The site is in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Verizon Communications and authorized the installation. A copy of the request is attached hereto. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Grassbur Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Vol 107 Page 39 Commissioners Court meeting March 25, 2008 6 Warranty Deed from William R. Klemm for the expansion and improvements to Grassbur Road. The next matter before the Court was consideration of an Earnest Money Contract and grant authorization for the County Judge to sign all documents necessary to close the transaction for sale of 0.48 of one acre of land along Jones-Butler Road located in Precinct 1. The purchase price must not exceed $52,800.00. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the Earnest Money Contract and grant authorization for the County Judge to sign all documents necessary to close the transaction for sale. A copy is attached. The Court next considered a payment authorization in the amount of $14,564.98 to Affiliated Communications for the emergency replacement of telephone equipment after damages from a lightning strike. A purchase order was not obtained in advance. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization in the amount of $322.00 to Software House International for an outdoor wireless concentrator for the Exposition Center. The purchase order was closed. On motion by Commissioner Peters, Vol 101 Page 40 Commissioners Court meeting March 25, 2008 7 seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Next week is County Government Week. We will need a Resolution from the Court. Under citizen input and/or concerns, the following spoke: Sheriff Chris Kirk a) There were 552 inmates in jail last night. 95 are on electronic monitors. Marc Hamlin, District Clerk a) He thanked everyone for helping with the IRS audit and he especially thanked the County Auditor's Office Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) Brazos Valley Area Wide Communications held their meeting yesterday. County Judge a) Our area congressmen are pleased about how well this group works together. There being no further business to come before the Court, the meeting was adjourned. Vol a7 Page 41. The foregoing minutes of the Commissioners Court meeting held March 25, 2008 have been examined and are approved in open Court this the day of 2008, in Bryan, Brazos County, Texas. Randy S' s County /Judge Duane Peters Commissioner, Precinct 2 Ca ey Cau e r. Commissio er, Precinct 4 Attest: wa,"- - I - - Ka en McQueen County Clerk Lloyd Wassermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinct 3 Vol 107 Page L~JA BRAZOS COUNTY COMMISSIONERS COURT MEETING ON `A,GL,cC-&A A- 2008 AT Ong Name q: .~,rv aw- Organization/Department So Sell I A J f /J I p-7 s +3 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ~6W~ aS 2008 AT Ac bl~la~ ~~A g Name Organization/Department 1 44 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-23.1 thru 07/08-23.3 On this the 25th day of March 2008 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 25 March 2008 the Court heard and approved a budget amendment for the 2007-2008 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 11 September 2007, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 25~h day of March 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes ion 45 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 23.1 3/25/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 67890000 CR Vehicle Equipment 34,070.00 4500 63000500 80890000 DR Vehicles 34,070.00 1 1 Capital Projects -Commissioners' Court: To reallocate funds to the proper account to provide funding for equipment on seven new vehicles. Prepared By: ifj Date: 3/1912008 .1.07, 4Cb Department Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 23.2 3/25/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 288000 80890000 CR Vehicles 21,500.00 3000 288000 80890000 CR Vehicles 1,100.00 3000 288000 65950000 DR Vehicle Maintenance 21,500.00 3000 288000 65150000 DR Computer Maintenance 1,100.00 Brazos County Grant Funds: B ne Justice Assistance Grant To reallocate funds to the proper accounts to allow for the purchase of five arbitrators for existin patrol vehciles and 11 memo modules for existin la tops. Department Approval Date Prepared By: ifj Date: 3/19/2008 County Juyf§e Approval Date 161 41 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 23.3 3/25/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24401100 65450000 CR Office Equipment Maintenance 1.805.40 0100 24401 100 61 110000 DR Conference & Seminars 28.33 0100 24401100 61500000 DR Printing 46.67 0100 24401100 61801000 DR Travel 1,730.40 Justice of t he Peace Pct. #4: Quintero To reallocate funds to allow for anticipated expenditures, Department Approval Date Prepared By: ifj Date: 3/19/2008 County JuAa Approval Date PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 25, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests ~!r Department Submitting Employee Request Action Requester Request(s) Applies To 361St. District Court Jakubik, Tiffany J. Promotion County Auditor Florence, Elizabeth Resignation Human Resources Flores, Antonia G. Promotion Rodriguez, Beatrice Promotion Road & Bridge Parsons, Megan G. New hire Approved in Commissioners' Court: March 25 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) for 49 InterStor DESIGN ASSOCIATES, INC. INFORMATION & MATERIEL MANAGEMENT SOLUTIONS Preventative Maintenance and Extended Service Agreement DATE TYPE OF AGREEMENT 3-11-08 -L NEW RENEWX CUSTOMER BRAZOS COUNTY SHERIFF'S DEPARTMENT 300 E 26th STREET, #314 BRYAN, TX 77803 CUSTOMER ORDER NO. CONTACT: PHONE 15-7371SMA WAYNE DICKIE 979-361-4168 Service WGI be Pedormed at: 1835 SANDY POINT RD. FROM TOTAL ANNUAL AMOUNT E 5-25-08 R TO M 5-28-09 $225.00 EQUIPMENT UNDER SERVICE TYPE OF EQUIPMENT MODEL AMOUNT MOBILE FILING/STORAGE SYSTEM AUDITORS OFFICE MECHANICAL ASSIST W/3 CARRIAGES 225. 00 SPECIAL CONDITIONS SALES TAX-EXEMPT TOTAL COST 225. 0 Purchaser agrees that this Order includes all of the terms and conditions on both the face and reverse side hereof, that this Order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of the agreement relating to the subject matters covered hereby, and that THIS ORDER SHALL NOT BECOME BINDING UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE. Purchaser by his execution of this Order acknowledges that he has read its terms and conditions and has received a true copy of this Order. Approved By: INTERSTOR DESIGN ASSOCIATES, INC. Address 5074 STEADMONT DR City/State HOUSTON TX 77040 By: Date MARCH 11. 2008 d b INTERSTOR Customer's Acceptance - Sign name below. Send I contract to INTERSTOR DESIGN ASSOCIATES, INC. Compa me OS UNTY SH RIFF'S DEPT By: Title ;r u ~ Date Signed Service Agreement must be receive y Phone: 4J . Ext. DESIGN ASSOCIATES, INC. prior to expiration of current service period. HIGH DENSITY MOBILE STORAGE SYSTEMS • FILE SHELVING - LIBRARY SHELVING - ROTARY FILES FOLDERS AND SUPPLIES " COLOR CODE LABELING SYSTEMS • AUTOMATED STORAGE AND RETRIEVAL SYSTEMS TERMS AND CONDITIONS OF AGREEMENT 1. Mechanical service will be furnished to the customer by InterStor Design Associates, Inc. for the equipment listed during the established business hours of InterStor Design Associates, Inc. Monday thru Friday, excluding holidays. All prices quoted herein for systems to be placed under agreement are based on the understanding that all equipment will be used during a maximum 50 hour work week. 2. The maintenance provided shall include regular preventative maintenance & extended service. 3. Preventative maintenance shall be performed during established business hours Monday through Friday. Preventa- tive maintenance service will include inspection, cleaning, adjustment and lubrication, if required, of all electronic, electrical, and mechanical components. Unless otherwise excepted, replacement of necessary parts will be accomplished during the performance of the maintenance inspections and the Subscriber will pay current prices then in effect for such replacements. 4. Extended service shall consist of requested service calls during the 12 calendar months following preventative maintenance service. If replacement parts are necessary, they will be charged at the prevailing rate. 5. Service requested by the customer during other than established business hours will be charged at the rates then in effect, including travel time and expense with a two hour minimum. Special arrangements may be made. 6. MAINTENANCE SERVICE AND PARTS REPLACEMENT DOES NOT COVER REPAIRS OR PARTS REQUIRED BECAUSE OF AN ACCIDENT, FIRE, WATER, ABUSE, MISUSE, WAR, OR AN ACT OF GOD, NOR DOES IT COVER CHANGES IN SETUP, MAINTENANCE OR REPAIRS DONE BY OTHER PERSONS NOT AUTHORIZED BY INTERSTOR DESIGN ASSOCIATES, INC. 7. If the equipment under agreement is moved, transported or tampered with in any manner without InterStor Design Associates, Inc. supervision, this agreement will become null and void without refund. 8. Mechanical service is authorized by the customer to be rendered by InterStor Design Associates, Inc. to the equipment listed for the period above noted unless the agreement is terminated by either party as herein provided. Either party may terminate this agreement upon written notice to the other party, given not less than thirty (30) days immediately prior to any anniversary date hereof. InterStor Design Associates, Inc. reserves the right to examine equipment prior to any renewal of this agreement, and in the event the machine(s) require overhauling or rebuilding, an estimate will be submitted for customer's approval before the work is started. 9. Maximum liability for InterStor Design Associates, Inc. hereunder shall be an amount not to exceed the total amount actually paid by the customer for services during the applicable term of the agreement. 10. In no event shall InterStor Design As Inc. be liable for any special, indirect, consequential or exemplary damages including, without limitations, loss of anticipated profits or business opportunities, or for specific performance. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF (1) ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (II) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACT OR TORT, WHETHER OR NOTARISING FROM NEGLIGENCE, ACTUAL OR IMPUTED. 11. At all times whether by amendment or change, and including this document the only persons authorized to sign on behalf of InterStor Design Associates, Inc. are the President or Service Manager. InterStor Design Associates, Inc. shall not be responsible for failure to render service for any causes beyond its control including, without limitation, strikes, labor disputes, and inclement weather. This agreement shall constitute the entire contract between the parties and cannot be modified except in writing, signed by both parties. 107 6/ ~ NSd . ~ . P ~a i Renewal Agreement ChoicePoint Government Services, Inc. Price: ChoicePoint Government Services, Inc. (CPGS) agrees to provide Brazos County Attorney's Office with unlimited access to AutoTrackXP at a rate of $650 per month inclusive, for the term of 4/1/08 through 3/31/09. Capping Procedures: CPGS will provide Brazos County Attorney's Office, with unlimited access to housed data sets, and access to gateway credit header data in accordance with the following. If the Brazos County Attorney's Office's total monthly search volume exceeds $950 in transactional search value, the department's access to gateway credit header services will revert to housed credit header data for the remainder of the month. At the beginning of each month, full gateway credit header services will be restored. Special Conditions: The unlimited access to AutoTrackXP is not inclusive of copies for "Premium Reports" which consist of (1) National and Florida Criminal Records and Motor Vehicle Accident Reports (MVRs), and (2) Dun & Bradstreet Reports. The Premium Report options will be turned off to restrict access from the menu. If you require Premium Reports, please notify CPBG forXfiitio9K~condit' s an gyment procedures. Signed by: Print Name: Date: 31, L,1K- Title: C t Offered By: Kevin S. Hohn Title: Regional Sales Account Executive ChoicePoint Government Services, Inc. 1410 Spring Hill Road, Suite 450 McLean, Virginia 22102 Phone: (352) 345-4588 Fax: (770) 753-1303 ) ®7 5a Amendment No. 1 attached to and made a part of Brazos County FLEXIBLE BENEFITS CAFETERIA PLAN PLAN DOCUMENT & SUMMARY PLAN Effective January 1, 2008 1. Section D paragraph 1. Length of Service: on page 1 of the Adoption Agreement and Summary Plan is changed to read: "First day following thirty (30) days of employment" 2. Paragraph 2.1 of the Plan Document is changed to read: "Any Eligible Employee shall be eligible to participate hereunder as of the first day following thirty (30) days of active full-time employment (or the Effective Date of the Plan, if later). If a former Participant is rehired during the same period in which termination of employment occurs, and such former Participant had revoked existing Benefit elections and terminated the receipt of Benefits at the time of termination of employment, then such rehired former Participant shall be prohibited from making new Benefit elections for the remaining portion of the period". Nothing herein contained shall be held to alter, vary or affect any of the terms, conditions or provisions of the Plan other than as above stated. Executed the , ~ 5- day of 2008. By Title /(_00rtt z j b1 53 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2007- 030, Mowing of County Rights-of-Way, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2008-033R with a 2.3% increase. The new rate effective with acceptance of this renewal for fence to fence mowing is $100.00 per mile and safety mowing, as set forth in the previously accepted contract, at $81.84 per mile. I understand this agreement will be in effect upon approval by Commissioner's Court. WELLMANN ENTERPRISES riz d Signature BRAZOSCOUNTY Randy S!Ws, County Judge Date Date e BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: March 25, 2008 ITEM: Request from Verizon Communications to relocate (at Brazos Court 's request) buried communications cable in the right of way of Fickey Road; 500 ft of new buried cable will be constructed, at a minimum depth of 30 inches, to the new right of way of Fickey Road at Sand Creek to accommodate new bridge construction. Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: i4yLLG A Richard F. Vance, P. . APPROVED BY: Commissioner E. Duane Peters Precinct 2 This Request is Approved / Denied ❑ by Commissioners' Court County Engineer CC2008-020 Date: County Judge 167 5~ verizon Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 March 13, 2008 Gary Arnold Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are Form ED-135 and a work location sketch showing the location of our proposed buried cable line on County Roads in Brazos County at Kurten, Texas. This work is to be completed on Work Order 5435-3POAOAR which is scheduled for April 9, 2008. If you have any questions concerning this work, please contact Gary Zwernemann at our office in Caldwell, telephone 979-567-7353 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, Z~e l(c(6c Brenda Vajdak Supervisor - Network Engineer BV:ec Attachment 7 VOL )07 I', f3, E_5 Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 March 13, 2008 Gary Arnold Brazos County Engineering Office County Engineer 2617 W. Hwy 21 Bryan, TX 77803 Dear Mr. Vance: Subject: AGRMNTS 24 BURIED CABLE Enclosed are Form ED-135 and a work location sketch showing the location of our proposed buried cable line on County Roads in Brazos County at Kurten, Texas. This work is to be completed on Work Order 5435-3POAOAR which is scheduled for April 9, 2008. If you have any questions concerning this work, please contact Gary Zwernemann at our office in Caldwell, telephone 979-567-7353 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, 1 C C4,, Brenda Vajdak Supervisor - Network Engineer F BV:ec Attachment ' 1 d7 -61 4 oOOBT I'70 Y~ is YM1 ~ i' o a s cr 3 am glx 8 ~ r ` ~_ri rl:dd mod! 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N omomomvmomomovmNm D ' m' m' V' V. ~mN i GNp P;r pr.n. uN-+r " O \ Z 'M, V.DN01m N~.DWV r ~NNOC N ` QQ 9g €SH mm°ags2tK ~ _ m N \ m m n £ 0 O C y m :6mnmmm m NN NN 01 O) N m V NW N o @ ___Qr~.mm-mrSr 6t° T" m _ $ - H 7 A Z L, m Z O O = m v i i _ e '"~5q 'r•'~ 8 ' _ o 8 1 < N - ~ " bora ~s _ng ~ ~ 9 o c _ -E mf H :E: m ^1 f x $ g>>^o"$^N g mA D o m N C) n n O LN D vg 6 °gR£<' , i g c Z D • O Z ti u E y g wF.r~N w p ' g Vero G7 m o z w 7 g ¢p $E Ng $ cn z z c E6 73 ' o = m x x R;m1 37 m y x le i _ Ln ! 5 r F _ ' T _ Is, m ~T. lS~O f ! _LO~... _ Ids Fax: (979) 731-8408 Underwriter: Old Republic National Title Insurance Company Purchase Price The appraised value pursuant to an appraisal commissioned by Seller, not to exceed $52,800.00. Earnest Money $100 Surveyor: Landesign Services, Inc. Survey Category: I A Condition 11 County for Performance: Brazos County, Texas A. Deadlines and Other Dates All deadlines in this contract expire at 5:00 P.M. local time where the Property is located. If a deadline falls on a Saturday, Sunday, or national holiday, the deadline will be extended to the next day that is not a Saturday, Sunday, or national holiday. A national holiday is a holiday designated by the federal government. Time is of the essence. Earnest Money Deadline: n/a 2. Delivery of Title Commitment: 10 days after the Effective Date 3. Delivery of Survey: 10 days after the Effective Date 4. Delivery of legible copies of instruments referenced in the Title Commitment and Survey: 10 days after the Effective Date 5. Delivery of Title Objections: 10 days after delivery of the Title Commitment, Survey, and legible copies of the instruments referenced in them 6. End of Inspection Period: 30 days after the Effective Date 7. Additional Earnest Money Deadline: NONE 8. Closing Date: 15 days after the end of the Inspection Period, or earlier if approved by Buyer and Seller. B. Closing Documents I . At closing, Seller will deliver the following items: 167 _6I Special Warranty Deed, which shall contain a mineral reservation set forth on Exhibit B Evidence of Seller's authority to close this transaction 2. At closing, Buyer will deliver the following items: Evidence of Buyer's authority to consummate this transaction The Purchase Price Affidavit with title documents attached evidencing Buyer's ownership of the property abutting the Land The documents listed in this section B are collectively known as the "Closing Documents." Unless otherwise agreed by the parties before closing, the deed will be prepared using the forms contained in the current edition of the Texas Real Estate Fomm Nlannal (State Bar of Texas). C. Exhibits The following are attached to and are a part of this contract: Exhibit A-Description of the Land Exhibit B - Mineral Reservation D. Purchase and Sale of Property Seller agrees to sell and convey the Property to Buyer, and Buyer agrees to buy and pay Seller for the Property. The promises by Buyer and Seller stated in this contract are the consideration for the formation of this contract. E. Title and Survey 1. Review of Title. The following statutory notice is provided to Buyer on behalf of the real estate licensees, if any, involved in this transaction: Buyer is advised that it should either have the abstract covering the Property examined by an attorney of Buyer's own selection or be furnished with or obtain a policy of title insurance. 2 Title Commitment; "Title Policy. "Title Commitment" means a Commitment for Issuance of an Owner Policy of Title Insurance by Title Company, as agent for Underwriter, stating the condition of title to the Land. The "effective date" stated in the Title Commitment must be after the Effective Date of this contract. "Title Policy" means an Owner Policy of Title Insurance issued by Title Company, as agent for Underwriter, in conformity with the last Title Commitment delivered to and approved by Buyer. l 107 3. Survey,. "Survey" means an on-the-ground, staked plat of survey and metes-and- bounds description of the Land, prepared by Surveyor or another surveyor satisfactory to Title Company, dated after the Effective Date, and certified to comply with the current standards and specifications as published by the Texas Society of Professional Surveyors for the Survey Category. 4. Delivery of Title Commitment, %rvey, and Legible Copies. Seller must deliver the Title Commitment to Buyer by the deadline stated in section A.2.; and legible copies of the instruments referenced in the Title Commitment by the deadline stated in section A.4. Buyer shall obtain the survey and legible copies of the instruments referenced thereon by the deadline stated in Section A.3. and A.4. respectively. 5. Title Objections. Buyer has until the deadline stated in section A.5. ("Title Objection Deadline") to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer's objections to any of them ("Title Objections"). Buyer will be deemed to have approved all matters reflected by the Survey and Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are "Permitted Exceptions." If Buyer notifies Seller of any Title Objections, Seller has five days from receipt of Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before closing ("Cure Notice"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before closing, Buyer may, within five days after the deadline for the giving of Seller's Cure Notice, notify Seller that either this contract is terminated or Buyer will proceed to close, subject to Seller's obligations to resolve the items listed in Schedule C of the Title Commitment, remove the liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date, and cure only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure. F. Inspection Period 1. Entry onto the Property. Buyer, or Buyer's agents, may enter the Property before closing to inspect it, subject to the following: a. Buyer must deliver evidence to Seller that Buyer, or Buyer's agents have insurance for its proposed inspection activities, in amounts and with coverages that are substantially the same as those maintained by Seller or in such lesser amounts or with such lesser coverages as are reasonably satisfactory to Seller; b. Buyer may not interfere in any material manner with existing operations or occupants of the Property: Buyer must notify Seller in advance of Buyer's plans to conduct tests so ion b,15 that Seller may be present during the tests; d_ if the Property is altered because of Buyer's inspections, Buyer must return the Property to its preinspection condition promptly after the alteration occurs, unless Buyer purchases the Property; e. Buyer must deliver to Seller copies of all inspection reports that Buyer prepares or receives from third-party consultants or contractors within three days after their preparation or receipt; and f Buyer must abide by any other reasonable entry rules imposed by Seller. 2. Ruj)er's Right to Terminate. Buyer may terminate this contract for any reason by notifying Seller before the end of the Inspection Period. If Buyer does not notify Seller of Buyer's termination of the contract before the end of the Inspection Period, Buyer waives the right to terminate this contract pursuant to this provision. 4. Buyer's Indemnity and Release of'Seller a. Indemnity. Buyer will indemnify, defend, and hold Seller harmless from any loss, attorney's fees, expenses, or claims arising out of Buyer's investigation of the Property, except for repair or remediation of existing conditions discovered by Buyer's inspection. The obligations of Buyer under this provision will survive termination of this contract and closing. b. Release. Buyer releases Seller and those persons acting on Seller's behalf from all claims and causes of action (including claims for attorney's fees and court and other costs) resulting from Buyer's investigation of the Property. G. Condition of the Property until Closing; Cooperation; No Recording of Contract 1. Condemnation. Seller will notify Buyer promptly after Seller receives notice that any part of the Property has been or is threatened to be condemned or otherwise taken by a governmental or quasi-governmental authority. Buyer may terminate this contract if the condemnation would materially affect Buyer's intended use of the Property by giving notice to Seller within fifteen days after receipt of Seller's notice to Buyer (or before closing if Seller's notice is received less than fifteen days before closing). The condemnation will be deemed to materially affect Buyer's intended use if implementation of Buyer's intended use was no longer feasible. If Buyer does not terminate this contract, (a) Buyer and Seller will each have the right to appear and defend their respective interests in the Property in the condemnation proceedings, (b) any award in condemnation will be assigned to Buyer, (c) if the taking occurs before closing, the description of the Property will be revised to delete the portion taken, and (d) no change in the Purchase Price will be made. 2. Claims; Heannhs. Seller will notify Buyer promptly of any clairn or 10 W administrative hearing that is threatened, filed, or initiated before closing that affects the Property. 3. Cooperation. Seller will cooperate with Buyer (a) before and after closing, to transfer the applications, permits, and licenses held by Seller and used in the operation of the Property and to obtain any consents necessary for Buyer to operate the Property after closing and (b) before closing, with any reasonable evaluation, inspection, audit, or study of the Property prepared by, for, or at the request of Buyer. 4. No Recorcling. Buyer may not file this contract or any memorandum or notice of this contract in the real property records of any county. If, however, Buyer records this contract or a memorandum or notice, Seller may terminate this contract and record a notice of termination. H. Closing 1. Closing. This transaction will close at Title Company's offices at the Closing Date and Closing Time. At closing, the following will occur: a. Closing Documents. The parties will execute and deliver the Closing Documents. b. Payment of Pitt-chase Price. Buyer will deliver the Purchase Price and other amounts that Buyer is obligated to pay under this contract to Title Company in funds acceptable to Title Company. C. Disbursement of Funds; Recorcling; Copies. Title Company will be instructed to disburse the Purchase Price and other funds in accordance with this contract, record the deed and the other Closing Documents directed to be recorded, and distribute documents and copies in accordance with the parties' written instructions. d. Delivety of Originals. Seller will deliver to Buyer the originals of Seller's Records. e. Possession, Seller will deliver possession of the Property to Buyer, subject to the Permitted Exceptions existing at closing and any lien and security interest in favor of Seller, if the sale is seller-financed. 2. Transaction Costs a. Sellers Costs. Seller will pay the basic charge for the Title Policy; one- half of the escrow fee charged by Title Company; the costs to prepare the deed; the costs to deliver copies of the instruments referenced in the title commitment; and Seller's expenses and attorney's fees. 167 ~ b. Buyers Costs. Buyer will pay one-half of the escrow fee charged by Title Company; the costs to obtain, deliver, and record all documents other than those to be recorded at Seller's expense, the additional premium for the "survey/area and boundary deletion" in the Title Policy, if the deletion is requested by Buyer; the cost of the survey; the costs to obtain financing of the Purchase Price, including the incremental premium costs of mortgagee's title policies and endorsements and deletions required by Buyer's lender; reimbursement of Seller for the cost of the appraisal not to exceed seventeen hundred and fifty dollars ($1750.00); and Buyer's expenses and attorney's fees. C. Postclosing Adjustments. If errors in the prorations made at closing are identified within ninety days after closing, Seller and Buyer will make postclosing adjustments to correct the errors within fifteen days of receipt of notice of the errors. 3. Issuance of'Dile Policy. Seller will cause Title Company to issue the Title Policy to Buyer as soon as practicable after closing. L. Default and Remedies L Seller's Default. If Seller fails to perform any of its obligations under this contract or if any of Seller's representations is not true and correct (except if such untruthfulness or incorrectness is not reasonably within Seller's control) as of the Effective Date or on the Closing Date ("Seller's Default"), Buyer may elect either of the following as its sole and exclusive remedy: a. Termination; Liquidated.Damages. Buyer may terminate this contract by giving notice to Seller on or before the Closing Date and Closing Time. If Seller's Default occurs after Buyer has incurred costs to investigate the Property after the Effective Date and Buyer terminates this contract in accordance with the previous sentence, Seller will pay to Buyer as liquidated damages Buyer's actual out-of-pocket expenses incurred to investigate the Property after the Effective Date, within ten days after Seller's receipt of an invoice from Buyer stating the amount of Buyer's expenses; or b. S~)ecific Pei for-nnance. Buyer may enforce specific performance of Seller's obligations under this contract. If title to the Property is awarded to Buyer, the conveyance will be subject to the matters stated in the Title Commitment. 2 Buyer's Default. If Buyer fails to perform any of its obligations under this contract ("Buyer's Default"), Seller may elect either of the following as its sole and exclusive remedy: Ion -10& a. Termination; Liquidated Damagcs. Seller may terminate this contract by giving notice to Buyer on or before the Closing Date and Closing Time. If Buyer's Default occurs after Seller has incurred costs to perform its obligations under this contract and Seller terminates this contract in accordance with the previous sentence, Buyer will reimburse Seller Seller's actual out-of-pocket expenses incurred to perform its obligations under this contract, within ten days of Buyer's receipt of an invoice from Seller stating the amount of Seller's expenses. b. Shecific Performance. Seller may enforce specific performance of Buyer's obligations under this contract. If title to the Property is awarded to Buyer, the conveyance will be subject to the matters stated in the Title Commitment. 3. Attorncy's Fees. If either party retains an attorney to enforce this contract, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. M. Miscellaneous Provisions 1. Notices. Any notice required by or permitted under this contract must be in writing. Any notice required by this contract will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this contract. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, electronic mail, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. Copies of each notice must be given by one of these methods to the attorney of the party to whom notice is given. 2. Entire Contract. This contract, together with its exhibits, and any Closing Documents delivered at closing constitute the entire agreement of the parties concerning the sale of the Property by Seller to Buyer. There are no oral representations, warranties, agreements, or promises pertaining to the sale of the Property by Seller to Buyer not incorporated in writing in this contract. 3. .4mendnnent. This contract may be amended only by an instrument in writing signed by the parties. 4. Suriliwl. The obligations of this contract that cannot be performed before termination of this contract or before closing will survive tennination of this contract or closing, and the legal doctrine of merger will not apply to these matters. If there is any conflict between the Closing Documents and this contract, the Closing Documents will control. 5. Choice of I a}r; 6%enue; Altefnatim Dispute Resolution. This contract will be construed under the laws of the state of Texas, without regard to choice-of-law rules of any 107 67 jurisdiction. Venue is in the County for Performance, except as otherwise provided by applicable law. Time permitting, the parties will submit in good faith to an alternative dispute resolution process before filing a suit concerning this contract. 6. Wainer of Default. It is not a waiver of default if the nondefaulting party fails to declare immediately a default or delays taking any action with respect to the default. 7. No Thirul-Party Beneficiaries. There are no third-party beneficiaries of this contract. 8. Severability. The provisions of this contract are severable. If a court of competent jurisdiction finds that any provision of this contract is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. 9. Ambiguities Not to Be C'onstnied against Party Who Drafted (7ontract. The rule of construction that ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting this contract. 10. No Sj~ecial Relationshil). The parties' relationship is an ordinary commercial relationship, and they do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special relationship. It. Assignment. Buyer is not permitted to assign this Contract. 12. Counterparts. If this contract is executed in multiple counterparts, all counterparts taken together will constitute this contract. SELLER BRAZI By: Name: Title: Date: BUYER: TLS PROPERTIES, Ltd., a Texas limited partnership By TLS O eratng Company, LLC By: Name: Bruce A. Smith Title: President Date: 111AIWI4 fQ :2'.,J tQ Io7 0 Receipt of Contract and $ Earnest Money in the form of is acknowledged. Title Company By: Address Date: City State Zip Code Facsimile: Telephone: AGGIELAND TITLE COMPANY By: Name: Title: Date: lo 0 EXHIBIT `B'9 -There is hereby EXCEPTED and RESERVED from this con cti ance and retained in favor of Grantor and Grantor's successors and assigns forever, a reset-vation of all oil. gas, and other minerals presently owned by Grantor in and under and that may be produced from the Property. If the mineral estate is subject to existing production or an existing lease, this reservation includes the production, the lease. and all benefits from it other than use of the surface of die Property.- "Grantor \t awes and conveys to Grantee the right of ingress and egress to and from the surface of the Property relating to the portion of the mineral estate owned bry Grantor. Nothing herein. howe-,,er, restricts or prohibits the pooling or unitization of the portion of the mineral estate owned by Grantor with land other than the Property, or the exploration or production of the oil, gas, and other related minerals b-% means of wells that are drilled or mines that open on land other than the Property but enter or bottom under the Property, provided that these operations in no mariner interfere with die surface or subsurface support of any improvements constructed or to be constructed on the Property.- 107 110