Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2008-07-01-9:00AM-REGULAR
c.1 PA- SESSION ON 1 JULY 2008 AT 9:00 A.M_ IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E_ 26TH STREET, SUITE I I S, BRYAN, TEXAS. 1 . Invocation and Pledge of Allegiance -Commissioner Wassermann- 2_ Call for citizen's input and/or concerns- Consider and take action on agenda items 3 - 35: 3_ Request from the I. T. Department to purchase 27 printers with DDEA funds that would otherwise be requested in the IF-Y'09 budget year- 4. Request from the I_ 'I'_ Department for approval of capital project expenditures with DDEA funds that would otherwise be requested in the FY09 budget year. 5_ Budget Amendment 07/08-36.1 thrn 07/08-36.10. 6_ Personnel Change of Status. 7. Payment of Claims. 8_ Change in the County's mileage reimbursement rate from $0.505/mile to $0.585/mile, raising the County's reimbursement rate to match that used by the State of "Texas effective 1 July 2008_ Office of th0 County Judge - 300 East 26'h St. - Suite 114 Bryan, Texas 77803 - Fax: (g79) 361-4503 Commissioners Court Agenda I July 2008 Page 2 9. Cancellation of the 8 July 2008 regular session of the Brazos County Commissioners Court. 10. Creating a deadline in which Vacation and Floating Holiday (if granted) for the current calendar year be used by the last day of the pay period that includes days in the previous calendar year and the new calendar year. 11. Addition of Section 2.03.8 to the Brazos County Employee Manual regarding Floating Holidays. 12. Revision of Section 2.01.2 in the Brazos County Employee Manual regarding the deadline for usage of Vacation and Floating Holiday (if granted). 13. Administrative Services Agreement with Blue Cross and Blue Shield of Texas for the County's group health plan for the period commencing on 1/01/2008 and ending on 12/31/2008. 14. Exhibit-PG-08 with Blue Cross and Blue Shield of Texas outlining the fee schedule for the County's group health plan. 15. Request from District Clerk for an increase from $900.00 to $1200.00 in change funds to create cash drawers for each employee in the Collections Department rather than sharing two drawers. 16. Consider and possible action allowing volume discounts for Brazos County Solid Waste Citizen's Collection stickers. 17. Permission to accept donated property from Bill Scamardo of St. Anthony's Church for the Brazos County Juvenile Detention Center. 18. Tax Refund Applications for the following: a. Pete & Stephanie Bienski, III b. Jose & Gloria Robles c. Paul & Rhonda McBride d. Deborah E. Seliner 19. Renewal of Bid 2007-040R, Office Supplies, with Wilton's Office Works. The new bid number will be 2008-038R and will be in effect from 6/30/2008 through 8/29/2009. 20. Permission to award RFP 2008-022, Electronic Timesheet/Timeclock, to Kronos, Inc. 21. Contract and Sales Order form with Kronos, Inc. for their proposed Electronic Timesheet/Timeclock. 22. Cancellation of the monthly copier rental agreement with Xerox for the County Judge's Office; the current copier is no longer compatible with the needs of that department. Commissioners Court Agenda 1 July 2008 Page 3 23. Copier lease agreement with CTWP to provide a copier for the County Judge's Office that can be networked with the Office of the Budget Officer. 24. Copier lease agreement with Documation for the Brazos County Commissioners Court; the current copier is being shared with another department and no longer meets the needs of the Commissioners Court offices. 25. Copier lease agreement with Documation for the Brazos County Treasurer's Office; the current copier is being shared with another department and no longer meets the needs of the Treasurer's Office. 26. Upgrade of the copier lease agreement for the Brazos County Juvenile Academy, providing for a higher volume copier. 27. Request to terminate the lease contract with S&S Investments for space located at 1904 N. Earl Rudder Freeway, Bryan, TX 77803, and submission of the required written notice. 8/31/2008 will be final date to occupy the building. 28. Consulting Agreement with Ben Sanford & Associates, Inc. for fifty additional hours as telecommunications consultant for the County Administration Building. 29. Out of state travel request from Jail Administration for Wayne Dicky and Lt. David Drosche to tour the Norix Facility in Chicago, IL to evaluate products, furniture and equipment for the Brazos County Detention Center expansion. Dates of travel are pending, and the cost of this travel and lodging will be paid for by Norix. 30. Out of state travel request from the Road & Bridge Department for Gary Arnold and Megan Parsons to attend the ESRI (Environmental Systems Research Institute) Users Conference in San Diego, CA; dates of travel are 3-9 August 2008. 31. Request from Verizon Communications to construct a road bore for buried cable installation in the right of way of Peach Creek Cut-Off Road beginning approximately 2,011 ft. east of SH 6 South extending for a distance of 171 ft. at a depth of 36 inches. Site is located in Precinct 1. 32. Request from the Road & Bridge Department for permission to implement a four-day work week, effective 7 July 2008. Hours of operation will be Monday through Thursday from 7:00 a.m. to 5:30 p.m. 33. Request for permission to enter Fain McDougal's property located off Shadowbrook Circle in Sweetwater Subdivision for the purpose of accessing the creek channel for County maintenance for the health, safety and welfare of the general public. Site is located in Precinct 1. 34. Request for permission to enter Kenneth Reinschmidt's property located off Shadowbrook Circle in Sweetwater Subdivision for the purpose of accessing the creek channel for County maintenance for the health, safety and welfare of the general public. Site is located in Precinct 1. Ho 3 Commissioners Court Agenda 1 July 2008 Page 4 35. Payment authorization in the amount of $294.40 for accommodations at the LaSalle Hotel for a visiting judge in County Court at Law No. 1. A purchase order was not obtained in advance. 36. Acknowledgement of the Monthly Reports submitted in June 2008. These reports are available for review in the County Judge's Office. 37. Announcement of interest items and possible future agenda topics. 38. Call for citizen input and/or concerns. 39. Agency / Board / Committee reports by Court members. 40. 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 before the meeting. To make arrangements, call (979) 361-4102. 110 _q COMMISSIONERS' COURT REGULAR MEETING JULY 1, 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, July 1, 2008 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Wassermann gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The first matter before the Court was a request from the Information Technology Department for permission to purchase 27 printers with DDEA funds that would otherwise be requested in the FY 2008-2009 budget year. Total cost for the printers is $20,250.00. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve Vol 110 Page S Commissioners Court meeting July 1, 2008 the request. 2 The Court next heard another request from the Information Technology Department for permission to use DDEA funds for capital project expenditures that would otherwise be requested in the FY 2008-2009 budget. Total cost for projects is $81,150.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. A list of the capital projects is attached. The Court next considered Budget Amendment #07/08-36.1 through 36.10. The County Judge said that he would like to go over each amendment to see from where the funding is coming as follows. Budget Amendment 36.1- correct budget amendment 34.2 in which an incorrect line item number was used. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment. Budget Amendment 36.2-Emergency Management reallocation to allow for the purchase of electronic equipment. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment. Budget Amendment 36.3-HAVA-General Compliance transfer funds from HAVA Contingency for the purchase of election equipment. The County Judge questioned if this money was coming from the General Fund Contingency. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment. Vol 11D Page te Commissioners Court meeting July 1, 2008 Budget Amendment 36.4-Contstable, Precinct 2 to reallocate funds for the purchase of electronic equipment. The County Judge asked what kind of electronic equipment he was purchasing. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment. Budget Amendment 36.5-County Clerk Record Management, that would transfer funds from Contingency to Professional Fees-Other for the cost of the record retentions consulting services provided by Adele Carboni Consulting Company. The County Judge questioned if this was coming from General Fund Contingency. He was told that it was coming from the County Clerk Records Management Fund. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment. Budget Amendment 36.6-Emergeny Management, that would reallocate funds to allow for the partial cost of an ice maker. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment. Budget Amendment 36.7-Court Costs, to transfer funds from Contingency to cover the costs for court appointed attorneys. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment with the condition that the dollar amount be $100,000 rather than $140,000. Budget Amendment 36.8-Information Technology Department, to reallocate funds to allow for the purchase of various equipment. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment. 3 Vol I t o Page 7 Commissioners Court meeting July 1, 2008 Budget Amendment 36.9-County Clerk, to reallocate funds to allow for the purchase of a new computer. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment. Budget Amendment 36.10-Tax Office, to reallocate funds to allow for the purchase of a new computer. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment. A copy of the budget amendments is attached. 4 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. The County Judge asked about career advancement increases for the Sheriff's office. Chief Deputy, Clyde Collins explained them to the Court. 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: 7051360 through 7051605 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of an increase in the County's mileage reimbursement rate from $0.505/mile to $0.585/mile. This would raise the County's Vol Ho Page 9 Commissioners Court meeting July 1, 2008 5 reimbursement rate to match that used by the State of Texas. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the increase. The next matter before the Court was the cancellation of the regular meeting of Commissioners Court on July 8, 2008. The Commissioners and the County Judge will be out of town at a conference. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to cancel the Commissioners Court meeting of July 8, 2008. The Court next considered creating a deadline for the use of vacation time and floating holiday (if granted) for the current calendar year. The time must be used by the last day of the pay period that includes days in the previous calendar year and the new calendar year. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to create a deadline for the use of vacation time and floating holiday. The next matter before the Court was the addition of Section 2.03.8 to the Brazos County Employee Manual concerning the deadline for usage of Vacation time and Floating Holiday (if granted). On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the addition of Section 2.03.8 to the Employee Manual. A copy Vol 110 Page Commissioners Court meeting July 1, 2008 is attached. 6 The Court next considered the revision of Section 2.01.0 Scheduling concerning the deadline for usage of Vacation and Floating Holiday (if granted). The old policy and the proposed are as follows: Old: After the first year on December 31St, any annual leave balance in excess of the maximum allowable shall be reduced to the maximum without compensation. New: Vacation must be taken by the last day of the last full pay period in December. After this deadline, any annual leave balance in excess of the maximum allowable shall be reduced to the maximum without compensation. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the revision of Section 2.01.2. A copy of each is attached. The next matter for consideration was consideration of an Administrative Services Agreement with Blue Cross and Blue Shield of Texas for the County's group health care plan for the term of January 1, 2008 and ending on December 31, 2008. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the Agreement and authorized the County Judge to execute the document. A copy is attached. Vol <10 Page 10 Commissioners Court meeting July 1, 2008 7 The Court next considered Exhibit-PG-08 with Blue Cross Blue Shield of Texas outlining the Defined Performance Guarantees effective for the fee schedule for the County's group health plan for a term of January 1, 2008 to December 31, 2008. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the attached Defined Performance Guarantees. The next matter before the Court was consideration of a request from the District Clerk for permission to create cash drawers for each employee. In his memo to the Court, Mr. Hamlin explained that to do this would increase internal controls in the Collections Department. Also included in his request was to ask for an increase in the change funds allotted to the District Clerk from $900.00 to $1,200.00. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the requests. The Court next considered allowing volume discounts for the Brazos County Solid Waste Citizen's Collection Stickers. Commissioner Peters explained that stores that sell these stickers to the public are losing money on the sale. Sales tax is being charged on their cash registers and if the customer uses a credit card, the store is being charged a percentage of the sale. The County Judge moved to approve the Vol Ho o Page H Commissioners Court meeting July 1, 2008 8 recommendation of allowing volume discounts for the stickers. Commissioner Cauley seconded the motion. Commissioner Peters suggested going up 10 percent on the cost of the stickers to cover the volume discount. He then moved to amend the original motion to include if a store purchases a volume of 1,000 stickers, then the price is reduced from $500 to $400. Commissioner Mallard questioned whether if it should be that large of a volume. Commissioner Peters then discussed changing the price of the stickers after we sell what we currently have printed. Megan Conklin of the Auditor's Office suggested setting a new price for the stickers now because we will soon be running out of them. Commissioner Peters wanted to wait on that. The County Judge then asked for a vote on the first motion. The Court voted unanimously to approve a volume discount on the purchase of stickers. The Court then voted on the amendment to the original motion. The Court voted unanimously to approve the amendment to the original motion to include if a store purchases a volume of 1,000 stickers, the price is then reduced from $500 to $400. The Court next considered authorizing acceptance of donated property from Bill Scarmardo with St. Anthony's Church. The Church has donated educational videos to the Juvenile Services Detention Center with an estimated value of Vol 110 Page I a Commissioners Court meeting July 1, 2008 9 $128.72. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the donated property. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Pete & Stephanie Bienski, III, over payment $2,718.69 b) Jose & Gloria Robles, over payment $1,142.47 c) Paul & Rhonda McBride, over payment $88.44 d) Deborah E. Seliner, over payment $1,167.14 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered the request from the Purchasing Department to approve the renewal of Bid 2007-040R-Office Supplies. The current contract is with Wilton's Office Works. The vendor has agreed to not increase prices. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from the Purchasing Department and approved the renewal of Bid 2007- 040R. A copy of the request is attached hereto. The Court next considered awarding RFP No. 2008-022, Electronic Timesheet/Time Clock. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the RFP submitted by Kronos Incorporated. On motion by Commissioner Peters, Vol Ho Page 13 Commissioners Court meeting July 1, 2008 10 seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Kronos Incorporated. The next matter before the Court was consideration of a contract and sales order form with Kronos, Incorporated for their proposed electronic timesheet/time clock. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to remove this item from the agenda. The next matter before the Court was consideration of the cancellation of the monthly copier rental agreement with Xerox for the County Judge's Office. The copier no longer meets the needs of the office. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the cancellation of the monthly copier rental agreement with Xerox. The Court next considered a lease agreement with CTWP to provide a copier for the County Judge's Office. The term of the lease is for 60 months at a monthly cost of $253.56. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the lease agreement and authorized the County Judge to execute the document. A copy is attached. Vol 1(o Page r 4 Commissioners Court meeting July 1, 2008 11 The next matter before the Court was consideration of a copier lease agreement with Documation for a copier for the Commissioners Office. The lease is for 60 months at a monthly cost of $245.00. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the lease agreement and authorized the County Judge to execute the document. A copy is attached. The Court next considered approval of a copier agreement with Documation for a copier for the Treasurer's Office. The lease is for 60 months at a monthly cost of $230.00. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the lease agreement and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a lease agreement with Documation for a copier for the Juvenile Academy. The lease is for 60 months at a monthly cost of $295.00. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the lease agreement and authorized the County Judge to execute the document. A copy is attached. The Court next considered a request to terminate the lease contract with S&S Investments for space located at 1904 Vol 110 Page 15 Commissioners Court meeting July 1, 2008 12 N. Earl Rudder Freeway, Bryan, TX 77803. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to terminate the lease and forward the required written notice. The last day to occupy the building will be August 31, 2008. The next matter before the Court was consideration of a consulting agreement from Ben Sanford & Associates, Inc., Telecommunications Consultants, requesting an additional 50 hours of work to complete the project at the Administration Building. This request is due to more users being added and requests for changes in telephones and building issues. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the consulting agreement and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration by the Court was a request submitted by the Jail Administrator seeking approval for out of state travel for himself and Lieutenant David Drosche to travel to Chicago, Illinois to tour the Norix Facility. Costs of travel and lodging will be paid for by Norix. The date has yet to be determined and is dependent upon Court approval of the request. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted Vol 110 Page I Commissioners Court meeting July 1, 2008 13 unanimously to grant the request from the Wayne Dicky, Jail Administrator and approved payment of out of state travel expenses for him and Lieutenant David Drosche. The next matter for consideration by the Court was a request submitted by the Road & Bridge Department seeking approval for out of state travel for Gary Arnold and Megan Parsons to attend the Environmental Systems Research Institute Users Conference in San Diego, California August 3-9, 2008. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Road & Bridge Department and approved payment of out of state travel expense for Gary Arnold and Megan Parsons. The Court next considered the request from Verizon Communications to construct a road bore for buried cable installation in the right-of-way of Peach Creek Cut-Off Road. The site is located in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Verizon Communications and authorized the installation. A copy of the request is attached hereto. The next matter before the Court was consideration of a request from the Road & Bridge Department to implement a four Vol 110 Page 7 Commissioners Court meeting July 1, 2008 14 day work week effective July 7, 2008. The hours of operation will be Monday through Thursday from 7:00 a.m. to 5:30 p.m. Commissioner Peters stated he agreed with this, especially in the summertime but he had some concerns in winter when the days are shorter. He went on to say that he would like to address this again in the fall. Jail Administrator, Wayne Dicky said that the 10 hour shifts had been helpful in their department but switching back and forth can cause confusion. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Fain McDougal on Shadowbrook Circle in Sweetwater Subdivision in Precinct 1 to access the creek channel for county maintenance. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Kenneth Vol 110 Page i S Commissioners Court meeting July 1, 2008 15 Reinschmidt on Shadowbrook Circle in Sweetwater Subdivision in Precinct 1 to access the creek channel for county maintenance. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The next matter before the Court was consideration of a payment authorization in the amount of $256 to the LaSalle Hotel for hotel accommodations for a visiting judge. No purchase order was obtain in advance. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court acknowledged receipt of the Extension Service reports for June 2008 and acknowledged receipt of reports from the following County and Precinct offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable, Precinct 2 Constable, Precinct 3 Constable, Precinct 4 Road & Bridge A copy of the Officials' reports can be viewed in the County Auditor's office. Vol I l Page ) q Commissioners Court meeting July 1, 2008 16 There were no announcements of interest items and possible future agenda topics. Under citizen input and/or concerns, the following spoke: Wayne Dicky, Jail Administrator a) There are 517 inmates today. They are bracing for the month of August which is potentially the worst. b) Pat Howard, Purchasing Agent, asked when the Court would start meeting in the new location. Ruth McLeod pointed out that we would need an agenda item to change the location and change the notice of metting. Sherry Killingsworth, Director of the Brazos Center a) Told the Court that the Brazos Center had been voted the best event facility in the Eagle. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He went to Belton and Austin with the Hight Speed Rail group to meet with officials. b) He reminded everyone of the workshop at 10:00 a.m. There being no further business to come before the Court, the meeting was adjourned. Vol 110 Page a0 24 of 24 The foregoing minutes of the Commissioners Court Workshop held July lst, 2008, have been examined and approved in open Court this the day of , 20 , in Bryan, Brazos County, Texas. Randy Si County y) Duane Peters Commissioner, Precinct No. 2 rey C uley, Jr. Commis Toner, Precinct 4 Attest: aren McQueen County Clerk Lloyd W ssermann Commissioner, Precinct No. 1 Kenny Mallar Commissioner, Precinct No. 3 Vol I 10 Page d-I lj-~ , BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2008 AT q,;GO a-fit Name (PLEASE PRINT) Organization/Department 67~/ , -~T ono S T 04 cft it par-)tjl,~ 9 ~e c ) I'D ~a BRAZOS COUNTY COMMISSIONERS COURT MEETING ON OVl 2008 AT i Name (PLEASE PRINT) Organization/Department Ar, a fft,,e-ti West-V n s 11 (r- 1.6 1(a - 7~2_3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-36.1 thru 07/08-36.10 On this the 1' day of July 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 1 July 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 1St day of July 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 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 36.1 711/2008 Bar Id'i (1© ~S BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 36.2 714 /9nnR FUND DIV ACCT PROJ DR/CR ACCOUNT NAME 0100 35500100 71020000 CR Computer Maintenance 0100 35500100 67281000 DR Equipment -Electronic Increase 2.000.00 Decrease 2.000.00 To reallocate funds to allow for the purchase of electronic equipments I I P a~~ D e n: r a k _,YX 116 ')~p r 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 36.3 '7m vinno E Increase Decrease FUND DIV ACCT PROJ DR/CR ACCOUNT NAM 000 00 13 3000 212100 61130000 CR Contingency 00 000 13 . , 3000 212100 67286000 DR Equipment - Other . , HAVA - General Com liance: To reallocate funds to a llow for the urchase o f a ui ment. e fa Prepared By: s 'Date _ _ ~ ~ 6I2~1I2008 1 a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 36.4 7/1/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2500 30210000 60600000 CR Office Supplies 300.00 2500 30210000 65950000 CR Vehicle Maintenance 2,525.00 2500 30210000 67281000 DR Equipment - Electronic 2,825.00 Forfeiture Fund - Constable Pct.2 To reallocate funds to allow for the purchase of a new electronic equipment. 1 -1 1 -01) 1j0 ag BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 36.5 711 /7nnR FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2000 21005000 61130000 CR Contingency 9,000.00 2000 21005000 72590000 DR Professional Fees - Other 9,000.00 [-County Clerk Records Management Fund: . To reallocate funds for the cost of the record retention cousultin services provided b Adele Carboni Consultin Comm an ~Q ep'~e~d m,i fd~ 110 99 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 36.6 7/1 /9nm FUND 0100 DIV 35500100 ACCT 59100000 PROJ DR/CR CR ACCOUNT NAME DDEA Increase Decrease 567.37 0100 35500100 67286000 DR Equipment - Other 567.37 To reallocate funds to allow for the partial cost of an ice-maker. The total cost of the ice-maker is going to be s lifted between Brazos County, City of Bryan, City of College Station and Texas A&M University. I se~~ ~B ~p 2~1;~~ HD 130 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 36.7 711 MnnR FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase ecre se 0100 11001500 61130000 CR Contingency 0100 11010000 72205000 DR Court Appointed Atty - 85th Q(J 140,000.00 0100 11010000 72206000 DR Court Appointed Atty - 272nd zee 140,000.00 0100 11010000 72207000 DR Court Appointed Atty - 361st/00',C) 0 140,000.00 Court Support Costs: To move funds from the County's Contin enc to cover the costs for court appointed attorneys I IN O ~.a l~ GU 110 31 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 36.8 714 19nnR FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 14000100 59100000 CR DDEA 96,273.00 0100 14000100 67670000 DR Printers 12,123.00 0100 14000100 80205000, DR Network Costs 26,750.00 0100 14000100 80890000 DR Vehicles 26,400.00 0100 14000100 80203000 DR Computer Hardware 5,000.00 0100 14000100 80294000 DR Equipment - Telephone 26,000.00 Information Technology Department: To reallocate funds to allow for the purchase of various equipments. The purchases have been projected in FY08-09's budget. But the Department is requesting to complete the purchases in the current fiscal ear. This bud et amendment is contingent upon the Commissioners' Court's approval on the Department s requests. 110 '3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 36.9 7/1/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 21000100 59100000 CR DDEA 800.00 0100 21000100 67203000 DR Minor Computer Hardware 800.00 Coun Clerk: To reallocate funds to allow for the purchase of a new computer. I I ~j r ~1~1'11111 5! 3 00- 11 A 33 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 36.10 7/1/2008 FUND DIV " ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 13000100 59100000 CR DDEA 850.00 0100 13000100 67203000 DR Minor Computer Hardware 850.00 Tax Office: To reallocate funds to allow for the purchase of a new computer. par B;rrr d, sS•. &"56x:3.'. aESie~k tiu'zF' tv~ llo 3 +PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 2, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Attorney Archambault, Chris Change Position Number Heardmon, Zaisha New Hire District Clerk Recek, Victoria New Hire Juvenile Services Bailey, Robert Resignation Anders, Angela Transfer within Dept. Road and Bridge Baranowski, Brian Resignation Sheriff's Office - Jail Drosche, David Henry, Clarence Walker, Reginald White, Carey Career Advancement Increase Career Advancement Increase Career Advancement Increase Promotion Approved in Commissioners' Court: July 2, 20 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 110 3S BRAZOS COUNTY BRYAN, TEXAS 1 July 2008 Increase in the Mileage Reimbursement Rate for Brazos County The Brazos County Commissioners' Court does hereby approve the following increase in the County's mileage reimbursement rate, thereby matching that of the State of Texas: The rate in effect 1 January 2008 through 30 June 2008: 50.5¢ per mile The maximum mileage reimbursement rate for travel as of 1 July 2008: 58.5¢ per mile. APPROVED: Randy Siyds, County Judge date Office of the County Judge • 300 East 26`h St. Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 L! o ° 3 BRAZOSCOUNTY BRYAN, TEXAS 1 July 2008 Creating a Deadline For the Use of Vacation & Floating Holiday (if granted) The Brazos County Commissioners' Court does hereby approve creating a deadline in which Vacation and Floating Holiday (if granted) for the current calendar year be used by the last day of the pay period that includes days in the previous calendar year and the new calendar year. APPROVED: Randy Si;Ks, County Judge . date Office of the County Judge • 300 East 2e St. . Suite 114 Bryan, Texas 77803 • Fax: (979) 361-4503 IIo 3-7 BRAZOS VALLEY ~+f *I Interlocal Agreement For Managing Entity by the BVCOG for the Brazos Valley Wide Area Communications System Irl~ THIS INTERLOCAL AGREEMENT ("ILA"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and among the Brazos Valley Council of Governments, hereinafter referred to as "BVCOG," and the City of Bryan, City of College Station, City of Brenham, Brazos County, Washington County, and Texas A & M University, all political subdivisions or agencies of the state of Texas. WHEREAS, the Brazos Valley Council of Governments (the "BVCOG") is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Interlocal Cooperation Act codified in Chapter 791 Texas Government Code, the BVCOG is authorized to contract with eligible entities to perform governmental functions and services; and WHEREAS, the City of Bryan, City of College Station, City of Brenham, Brazos County, Washington County, and Texas A & M University, collectively hereinafter sometimes referred to as the "BVWACS Parties" have entered into an Interlocal Agreement for the Construction, Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area Communications System to create and maintain an interoperable radio and data communications system (the "BVWACS Agreement"); and WHEREAS, the BVWACS Parties desire the BVCOG to supervise the performance of the BVWACS Agreement; and WHEREAS, the BVCOG desires to undertake the supervision of the performance of the BVWACS Agreement as set forth in this Agreement; NOW, THEREFORE, BVCOG and the BVWACS Parties do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The BVCOG represents that it is eligible to contract with the BVWACS Parties under the Interlocal Cooperation Act for the purposes recited herein because it is a local government and it possesses adequate legal authority to enter into this Agreement. Likewise, the BVWACS Parties represent that they, too, are each local governments or political subdivisions eligible to enter into this Agreement for the purposes recited herein. 1 of 6 O.•Ilnterlocal AgreemenlslBra_os CounMBra_os Vallev Wide Area Comniiinications SystemlBVWACSK w BVCOG 3.doe I l0 3 8 ARTICLE 2: APPLICABLE LAWS The BVCOG and the BVWACS Parties agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. This includes applicable laws relating to purchasing and bidding of products and services, maintenance of open records and use of the Brazos Valley Wide Area Communications System in accordance with Federal Communications Commission rules. A party to this Agreement is financially responsible for any FCC penalties, fines or other financial encumbrances or penalties caused by the actions of its agents, employees or representatives. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete agreement among the parties hereto, and supersede any and all oral and written agreements among the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when approved by the governing body of the last party which approval makes the Agreement go into effect and will remain in full force to the next occurring September 30th. After that, this Agreement automatically renews for up to a maximum of four (4) additional terms of Twelve (12) months on October 1 of each year, subject to the rights of termination set forth herein. The conditions set forth below shall apply to the initial term and all renewals unless modified or terminated in accordance with the provisions hereof. ARTICLE 5: SCOPE OF SERVICES The BVCOG agrees to perform certain services for the BVWACS Parties at specified rates and costs as set forth in Exhibit "A" Scope of Services attached hereto. Additionally, the BVCOG agrees to perform as the BVWACS Managing Entity as set forth in the BVWACS Agreement which is attached hereto as Exhibit "B." The BVCOG will assist the BVWACS Parties in managing grant funds as set forth in Exhibit "A.". Nothing herein shall make the BVCOG responsible for providing funding for various projects associated with such grant or programs in the event of a shortfall. ARTICLE 6: PAYMENTS Pursuant to the BVWACS Agreement, upon delivery of goods or services provided and upon presentation of properly documented statements on a quarterly basis to each of the BVWACS Parties for their proportionate share of same, each BVWACS Party shall promptly in accordance with the BVWACS Agreement pay the BVCOG the full amount of its respective share. All payments for goods or services will be made from current revenues available to the BVWACS Parties. ARTICLE 7: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by all the parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. 2 of 6 O.•ILvterlocal AgreenrentslBraros CountvOraros Valley Wide Area Communications SystemlBVWACS K w BVCOG 3.doc l /Z) 3~ ARTICLE 8: TERMINATION PROCEDURES The BVCOG or the BVWACS Parties may cancel this Agreement at any time upon ninety (90) days written notice by certified mail to the other parties to this Agreement. The obligations of the BVWACS Parties and of the BVCOG, including obligations to pay any invoices outstanding for goods and/or services purchased under this Agreement, shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the responsible party. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that any party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. ARTICLE 11: CONSENT TO SUIT Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. ARTICLE 12: NOTICES Notices required under this Agreement must be in writing and delivered personally or sent by certified US Mail, postage prepaid, addressed to such party at the following respective addresses: Brazos Valley Council of Governments: Attention: P.O. Box 4128 Offices: 3991 East 29`h St. Bryan, Texas 77805-4128 City: City of Bryan Attention: City Manager, with a copy to the City Attorney P. O. Box 1000 Bryan, TX 77805 City: City of College Station Attention: City Manager, with a copy to the City Attorney 1101 Texas Avenue College Station, TX 77840 3 of 6 O: U)iterlocal AgreementslBrazos CountylBrazos Valley Wide Area Communications System lBVkYACSKwBVC0G3.doc 'IV 4D City: City of Brenham Attention: City Manager, with a copy to the City Attorney 200 West Vulcan Street PO Box 1059 Brenham, TX 77834 County: Brazos County Attention: County Judge, with a copy to County Attorney 300 East 26th Street Suite 114 Bryan, TX 77803 County: Washington County Attention: County Judge, with a copy to County Attorney 100 East Main Street Suite 104 Brenham, TX 77833 Texas A & M University: Texas A & M University Attention:Vice President and Associate Provost For Information Technology 1365 TAMU College Station, TX 77843-1365 ARTICLE 13: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Brazos County, Texas. b. It is understood that this Agreement contains the entire agreement between the parties and supercedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. C. 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 all the parties. d. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. e. 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 either party thereafter to enforce each and every provision hereof. 4of6 O: Ilnterlocal AgreementsOracos CountvlBrazos Valley Wide Area Comnnmicalions Svstem0VPV4CS K tiv BVCOG 3.doc ) I' Lf I f. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of all the other parties to this Agreement. g. This Agreement is effective as of the effective date set forth above. This Agreement may be executed simultaneously in one or several counterparts, each of which is deemed to be an original and all of which together constitute one and the same instrument. The counterparts may be signed in multiple originals to allow each party to have an originally signed counterpart for each party. The Agreement has been executed in multiple originals, each having equal force and effect, on behalf of the parties. 5 of 6 n•Iblterlocal AgreementSIBrraeos Count.WBraros Valley Wide Area Communications SvsteinIBVWACS K vi, BVCOG 3.doc 11'0 4 1~ THIS INSTRUMENT HAS BEEN EXECUTED IN MULTIPLE ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: BRAZOS VALLEY COUNCIL OF CITY OF BRYAN GOVERNMENTS By: Date: CITY OF COLLEGE STATION By:_ Date: By: Date: CITY OF BRENHAM By: Date: Date: TEXAS A & M UNIVERSITY By:_ Date: BRAZO By Date: U~5 WASHINGTON COUNTY By: 6 of 6 O: Ilirterlocal AgreementsIBrazos CounlvOrazos Vallev Wide Area Communications SystteemmWVWACS K w BVCOG 3.doc EXHIBIT "A-1' SCOPE OF SERVICES The BVCOG shall perform the following services at the following rates for the BVWACS Parties as the Managing Entity pursuant to the BVWACS Agreement: 1. Perform as Managing Entity as set forth in the BVWACS Agreement. This includes the following: a. Overall management. To manage the BVWACS on a day to day basis. Responsibilities include specific duties outlined in the BVWACS Agreement plus any other duties as determined by the Governing Board created under such Agreement. b. Management. Perform ongoing management of the construction, acquisition, implementation, operation and maintenance of the BVWACS; c. Coordination with other radio systems Serve as principle coordinator with other radio systems as determined by the Governing Board; d. Minutes. Maintain minutes of the Governing Board and Operating Board meetings; e. Recommendations. Make recommendations to the Operating Board regarding proper performance of the BVWACS under the terms of this Agreement; f. Supervision. Supervise additional Employees as applicable; g. Dispute Resolution. Assist in the administrative dispute process as set out elsewhere in this Agreement. h. Agreement Copy. Maintain and make available at all reasonable times to the Operating Board and to the Governing Board a current copy of this Agreement, including any amendments and the most current version of all Exhibits together with copies of the most current versions of any subsequently developed operating procedures or standards; i. Financial Responsibilities. Reconcile the budget on a quarterly basis or as requested by the Governing Board. Prepare draft budget, coordinate purchasing, conduct inventories, assist with any audits and handle such other fiscal matters as may be directed by the Governing Board; j. Reports. Provide such performance reports, projection reports and other reports regarding the technical, operational, fiscal and other aspects of the BVWACS as required by the Governing Board or Operating Board; k. Record Keeping, Maintain and keep current all records, legal documents, contracts, manuals, warranties, etc. relating to the BVWACS and make same available for review by any of the Parties upon request; 1. Contract Administration. Administer all contracts for the construction, acquisition, implementation, operation and maintenance of the BVWACS; m. Project Management. Oversee the management of all projects relating to the construction, acquisition and implementation of Infrastructure and Improvements to the BVWACS; n. Standard Operating Procedures. Develop, distribute and keep current standard operating procedures for the BVWACS as directed by the Operating Board; o. BVWACS Availability. Ensure operational and technical availability of the BVWACS features to the Parties and Associates in accordance with the goals and objectives O: Vnterlocal AgreementslBrazos CountylBrazos Valley Wide Area Communications SystemlBVWACS K w BVCOG 3.doc 110 44 set forth herein and that support interaction and communications with other public safety radio systems; p. Grant Administration. Oversee the application, administration and financial management of grant funding programs available for the construction, acquisition, implementation, operation and maintenance of the BVWACS. This includes performing as a recipient or sub-recipient for the BVWACS Parties in relation to such grant programs, and such other duties as set out below. 2. Perform Grant Administration, including the following: a. Perform as the sub-recipient for Federal Grant Award Number 2007-GS-H7-0044, ensuring the BVWACS Parties adhere to all terms and conditions of such grant, accounting for the proper administration of funding and performing items b-k below with respect to such grant. b. Procurement and evaluation responses resulting in specific recommendations to the BVWACS Governing Board for the execution of grants and contracts, including receipt of funds; c. Recommendation to the BVWACS Governing Board for the award of subcontracts for the provision of the services set forth for covered programs that have been approved in accordance with the BVWACS Agreement; d. Management, administration, and oversight of subcontracts and subcontractors' performance, including for contracts for planning, evaluation, and monitoring; e. Payment of all authorized grant program expenses, whether for staff or administrative services, participant support costs, authorized subcontracted services, participant wages or stipends, or other costs incurred in the implementation of programs; f. Reimbursement of any questioned or disallowed costs will first be demanded from the subcontractor where the costs occurred, and making recommendations regarding possible solutions; g. Maintenance of financial and grant participant information records; h. Preparation and delivery of such reports and invoices for funds as are required by the state and federal rules, regulations, and administrative policies applicable to the program covered under the statutes; i. Preparation of a budget for Grant Recipient/Fiscal Agent; J. Authority to procure service providers for services authorized in the adopted and approved annual plans for the covered grant programs;; and k. Provision of other duties that may be required by changes in state and/or federal rules, regulations, and/or policies that are applicable to the covered grant program. 3. Exclusion from scope of services: a. Conveyance of interests in real property. This does not prohibit the provision of services relating to property acquisition, such as oversight of surveys, title work, appraisals, etc. O: lInterlocal Agreements0razos CountylBrazos Valley Wide Area Communications SystemiBVWACS K iv BVCOG 3.doc Ito ~s EXHIBIT 66A-2' COSTS FOR SERVICES 12 month Personnel Budget 5110 Project Director $ 80,000 5110 BVCOG Staff Oversight $ 17,000 5150 Rel. Time & Benefits 29,100 Total Personnel $126,100 Other Direct 5310 Travel-5310 $ 7,000 5510 Equipment-5621 $ 3,200 Direct Supplies $ 1,000 Direct Space $ - Direct Phone $ 1,600 5212 Consultants-5212 $ - 5791 Other Direct $ 5,000 Postage-5762 Printing-5721 & Training- 5762 5798 $1,500 Total Other Direct $19,300 Internal Service Funds 6150 Accounting $ 8,263 6151 System Admin. $ 4,684 6152 Copy Fax $ 1,772 6153 Human Resource $ 3,896 6154 Space $ 3,120 6155 Reception Internet Phone $ 2,144 6158 Purchasing Solutions Alliance (PSA) $ 1,315 6156 Core Supplies 762 Total ISF $ 25,957 Total Direct & ISF $171,357 5911 Indirect Current year Charge $ 4,575 6178 Pass through $ Total Indirect & Passthrough $ 4,575 TOTAL EXPENSES $175,932 Total Expenses w/out Indirect $171,357 Sources of Funds Grants 4111 Federal Grant Revenue 4211 State Grant Revenue 4772 Other Grants Local / Match Revenue 4511 Local Memberships 4250 Office of Governor (SPA) 4505 County Indigent Health Assessments 4251 Other Sources-Cash 4784 Other Sources - In Kind 30% of salaries job posting and office furniture 10.329% of salaries 5.855% of salaries 2.215% of salaries 4.87% of salaries (200 Sq. Ft. @ $1.30 per square ft per month) 2.794% of salaries 1.644% of salaries .961 % of salaries 2.67% of total expenses O.• Ilnterlocal AgreementslBrazos CountylBrazos Valley Wide Area Communications SystemlBVWACS K iv BVCOG 3.doc 110 L ~ FEE SCHEDULE - 08 Specifications for the ADMINISTRATIVE SERVICES AGREEMENT (the Agreement) between Blue Cross and Blue Shield of Texas (BCBSTX or Claims Administrator) Blue Cross and Blue Shield of Texas provides administrative claims payment services only and does not assume any financial risk or obligation with respect to claims. and Group Health Plan of County of Brazos (Group Health Plan) Group Number: 80950 $-/3 These specifications are to apply for the period of time indicated herein and shall continue in force and effect until the end of the Fee Schedule Period, the Agreement is terminated, or this Fee Schedule is superseded in whole or in part by a later executed Fee Schedule. Item One Fee Schedule Period These specifications are for the Fee Schedule Period commencing on January 1, 2008 and ending on December 31, 2008. Item Two Reports Monthly-billing statement ..............................................................................................No additional charge Standard reports as specified by the reporting policy ....................................................No additional charge A Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association Form No. ASA /SCH Page 1 80950JAN.08 i I-o 7 Item Three Charges for Additional Services The following Additional Services shall be furnished: Subrogation ...............................................................................................25.0% of any recovered amounts* B1ueCard® Program/Network access fees The lesser of 10.0% of the discount or $2,000 per claim BlueCard® Worldwide Program - International Group (10 or more members living outside of the USA) BCWW Fee Schedule Domestic Group (under 10 members living outside of the USA) ...................................No additional charge Optional Services for International or Domestic Group .................................................BCWW Fee Schedule * The indicated subrogation fees are based on the net recovery after attorney's fees, if any, have been paid. Item Four Plan Design Materials Claims Administrative Document Schedule of Specifications Exhibit A - Plan Service Area Benefit Booklets: Accept/Decline D ❑ Benefit Booklets El No additional charge ❑ $Supplemental Billing* ❑ Customized Benefit Booklets ❑ No additional charge ❑ $Supplemental Billing* ❑ D Customized Covers ❑ No additional charge ❑ $Supplemental Billing* Subscriber Identification (ID) Cards: Accept/Decline ❑ Subscriber ID Cards ❑ El Customized ID Cards Network Provider Directories Subscriber Claim Forms, Application Forms, Enrollment Materials......... j s 1] No additional charge ❑ $Supplemental Billing* ❑ No additional charge ❑ $Supplemental Billing* 0 No additional charge ❑ $Supplemental Billing* ❑ No additional charge ❑ $Supplemental Billing* Special Mailings: Cost has been included in Administrative Charge: Yes 1] No ❑ Identification Cards mailed to home addresses Yes 10 No ❑ Provider Directories mailed to home addresses Yes ❑ No D * Any customized materials or additional services or supplies not documented in this Fee Schedule may be subject to Supplemental Billing upon mutual agreement of the parties. Form No. ASA /SCH Page 2 80950JAN.08 e Item Five Administrative Charges and Credits A. The Administrative Charge, calculated Monthly, shall be equal to the sum of the amounts obtained by multiplying the total number of covered Subscriber Units by category by the appropriate factors shown below. Composite Base Administrative Charge (Medical) $33.99 *Blue Care Connection $2.20 Total $36.19 Dental: $3.72 *BLUE CARE' CONNECTION PROGRAM A program that may include utilization management, case management, condition management, predictive modeling, 24/7 nurseline and access to a personal health manager or such other features as determined by the Employer. B. The Termination Administrative Charge shall be equal to the amount obtained by multiplying the sum of all covered Subscriber Units during the three Months immediately preceding the date of termination by the factors shown below. 4i _I Composite 3 ? I la! Middical Run-off Administration Charge $18.92 Dental HoffA'inistration,Charge $2.89 a 4«: Q Item Six Plan Coverage Group Health Plan's Health Benefit Plan coverage inclusive of the following: • PPO Managed Health Care coverage • Traditional (Out-of-Area) Indemnity Benefit coverage • Comprehensive Dental Care coverage Form No. ASA /SCH Page 3 80950JAN.08 iIv 4q I 'N BLUE CROSS AND BLUE SHIELD OF TEXAS, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company By: C GixOc 46-6) Title: Divisional Vice President Date: February 26, 2008 GROUP HEALTH PLAN OF COUNTY OF BRAZOS Form No. ASA /SCH Page 4 80950JAN.08 Ito 5 M H b ,.n O 00 a CA a 0 0 n n n 3 3 3 -n 0 N O 0 D cn ~o ci (D c D _i o l< E~ _a m0 .0 =n T F n F co= o cD $mn c Lm CD oa c 5 ~ - . w w m (D 3 'am g. . m 3 ID . CD ~'Q 0) ::L 2 7 x m . O - 0) ~ m ~ o ' D - -n = 6 (D ~ 0) (D y CD (n (D CD ca O c7 A CD =r O A c ( m ((3 3 o CD (D :3 0 o a 0 0.0 o S2.(o y _m ( D 7 CL M 3 m e N m 0 1 O y C w D D) j m a CD + O s 0 01 =r O 0 c 7 m y m . =r =21 CD 7 N (D c0 aG (n (D (D. Al O N (D N ca 0_ C N C D1 `G y W SU CD 3 G. N 0 7 (D. O 7 N 3 =h (D 3 7 4. CD in 3 m - 3 m m n ot 0. Fn- (D - 0 ((D (n (D (D (D 0 (D (D cn &i fD D7 Q. m a ~c w 0 my a m ocD•Ep CD l p v, z a y Co =r cD y 0 ff~ 0 n.: O m 3 n n 3 CL n v < 3 a' v CD Er- = m - :3 'a a Ef m CD CD CL (D CL 2 ° m b o °v o'er0 : _ 0 i o rt r rm CD ao v 3 CD m~c a w 66 m H 9 0-0 . S 3 O D A ° 0 m ~ n O OL O U) (D (D y CA N (D N N 0 m 7 3 0 3 3 CL 0 0 CL U) 0. m m c v c m < a w C1 o !~/1 CD 'O 5 d d y CD A 0 c O to d. w CD- m v w o 3 CO O O O -4 O (OT1 co O G) (D o O o O o • O o O d 0 co , m cc O m to O 0 0 Co Cl 0 0 to o O CO O o (D 7 (p 0-1 (D ~ M 1 3 M CD N O 0 0 N O 0 0 N O o N O o (D D) ~y,,, W ((D CD ° (D ~ X10 59 man • • • • • ~b c°o m b b CD ~ a cD ~ ~ R O ° O E G 04 N M CD CD ro CD a --I cm S r- Co w p y C o w ~ ~ A p ~ .c A ~ c CD y B w% ~c~u y M ~ y Q K ors co °cc rg. ° CD a a- fo ~S CD ° CD CD 9 p~ yCD 00 G (DD R OQ O O. G cD ° a~ p . y. X00 aUQ co o r' p n o E y O. CD CIS r~ CD ~ A ~ 2s c ~ ct O N M y ~ ~ ~ 5 Er ~ c ~ ~ fD e ~ n r+ a ti KcD 3° CD CA CD. 0 p Ra. o CCDD y y R a C a 9°^GQ N ro N w ~ v n p y CL O WO M R a a ~ a co A co O CD M Uj A CD a CD a y N ~ (CD p CD y M ro 0 pG~ R 0 es (IQ n p .oM-• a•~Q• A O •t fD A b 0 a c (!Q (IQ m C N 0 0 00 a 9 91, QQ d A E3 d K W r-• N O O ao n o C7 oD q o 0 o ~n G7 0 G ~ z~ c ti fj N Cc, n o C~l 00 O 0 00 J C) o m b ~y ~o 0 00 0 m b 0 a a C 0 0 U) < Q 3 CL m 3 (D CL CO) ( D 0 0) (D Z CL O~ y m CD (D 3 p c m c m v-I 0) 0) aD m C~ y m Do m D c 0 0) , CD 0i . m 3 0) . ) n• 0 o o m v a ( D 0'CL (a m m eD m rL 0=- O m c. 3 9 3 0 ~ m CO) m - 0 v, ~.0 3 °oyva :2 v = 0 mm CL No • CD D~'mw ~cc ~ n CD (D CL ( v ' 3 7 m ai v O 0_ cc m 9 CD M 0) C (O ° m p 0 N (p m (D a N C v m m y D N ( W C n D . < ( (D C CD N (D O Q C m o C 7 3 to D o _ C- C3Dm CL o n :3 0 SO y ~3 0 CL ~ 3 _ ( D 0 3 - co mQ op 01 (n ~ 0 O 3m..c 0 O. d N ) 3 a Q CD m m c <D = Q• SD O- ,3o p m (D 3 0 c .3+ (1) O i m 7 m (O c 0 0 -w m j a 0 m c A~ 0 a E; 0- Q 0 3m c m 0 CD 0. O CD m O m N~ j 0 rr =r ID N N fD H a) cc m m (D a = -0 cr N f0 O p p N O m 3 C c "0 •mp 3 a -a N SS m n. CD CL -a 0 5 N m - N j . 0) N D_ (D = a- 0) v - a- cn Q•3 7 EP (D n N m 3 0 S y v y 0 3 . N y 0 4f ' O.~ m c 3 O' d O O' 0 0 M, ? 3 < 0 o 0 N CD D (D cn (n 0 4 i m O) C) to ' o o O G) m O Q1 O o ; 0 3 CL O N m 0 Cwl U' Di 3 D) ~ O m O O O O O e . -r (D_7 (D 3 y c 0 (D O C m ?a m a 2 a o 0 0 0 to w (c =CCD (A < 0 7C (D -h s J1~ 00 Oy x C Oxi r °o 00 d HO td ~ H b d w a a C 0 0 110 It 53 co ~ yam"' ~ d no ~7d ~ w 'e~~ x C e v m o n m V-9.x fo m y. fD i C N (D x (D (7 CD H b f~ G1 O trli H x r. N t" ~ rn N O~ "CD 0 z r, o a C Q. Itz (D s• a 0 CD RENEWAL ACCEPTANCE: By signing herewith, I acknowledge and agree to renew the current Bid for Office Supplies, Bid 2007-040R, at the same price and in accordance with all terms and conditions agreed to and accepted as part of Bid 2007-040R. The new Bid Number will be 2008-38R. I understand that Bid 2008-038R will be in effect from June 30, 2008 through June 29, 2009. WILTON'S OFFICE WORKS A orize i ature 0- C,2?- Op Date ~L Lc5i, Date 110 S4 BRAZOS COUNTY Document Management Program Dear Customer: We've written this Document Management Program (this 'Agreement) in simple and easy-to-read language because we want you to understand its terms. Please read your Agreement carefully and feel free to ask us any questions you may have about it. We use the words You and Your to mean'the Customer. The words We, Us and Our refer to the Owner indicated below. Number Customer name Address BRAZOS COUNTY 200 S TEXAS AVE. City County State Zip State of Incorporation/Organization BRYAN BRAZOS TEXAS 77803 TEXAS Supplier Name Address CTWP 410 E VILLA MARIA City County State Zip BRYAN BRAZOS TEXAS 77801 Owner Name Address CTWP Leasing 3730 Franklin Avenue City State Zip Attention Waco Texas 76710 LINDA NORMAN 1. Provision of Equipment. We agree to provide to You the equipment listed below (the "Equipment'). You promise to pay Us the Minimum Monthly Usage Payment plus any overage charges, defined below, in excess of the minimum monthly number of Images, according to the payment schedule shown below. Quantity Description of Equipment Make 8 Type Model Number Serial Number 1 COP IER/PRINTER/SCANNER LANIER LD260SP equipment to be new unless otherwise noted as: L_J used Li reconditioned Address Lease Terms. Number of M th Monthly Payment ies Included 0 I Excess Copy Charge Security Deposit on s ( D In I , 6o~ 06t) ~ / s r s~ s ~ ~ B & W Copies Color Copies B & W Copies Color Copies Payable Now Term (Plus Applicable Taxes) Pius Applicable Taxes Minimum Monthly Usage Payments are due monthly in advance beginning on the date We accept this Agreement and continuing on the same day of each month thereafter throughout the Term of this Agreement. Image, as used herein, shall mean a copy or print produced by any of the Equipment. Payments will be applied first to past due balances, taxes, and late charges, and then to the current amount due. You agree the Document Image Charge, Minimum Monthly Usage Payment and Overage Image Charges, defined herein, do not include any taxes that may apply, and that You shall be responsible for paying such taxes as more fully set forth in this Agreement. You agree to pay the Minimum Monthly Usage Payment each month even if You use less than the Minimum Monthly Number of Images. In addition, You are responsible for each Image made in excess of the Minimum Monthly Number of Images at the Overage Image Charge set forth above. You agree to all the terms and conditions shown above and on the reverse side/next page of this Agreement, that those terms and conditions are a complete and exclusive statement of Our agreement, and that they may be modified only by written agreement signed by both parties, and not by course of dealing or course of performance. You agree, represent and warrant that the Equipment will not be used for personal, family or household purposes, and, if applicable, that You are incorporated or organized in the state set forth above. You acknowledge receipt of a copy of this Agreement. We have no obligation to You until We accept this Agreement by signing below. Time is of the essence hereof. This Agreement may not be terminated early. Accepted on date: Dated: CTWP Leasing (Owner) By (Print name) ide limited liability company or business) !horized corporate officer, partner. managing member. or proprietor) I' v Guaranty In this guaranty, I and me means the person making the guaranty, and you means the Owner indicated above. I guarantee that the Customer indicated above will make all payments and pay all the other charges required under this usage agreement when they are due and will perform all other obligations under the Agreement full and promptly. I also agree that we may make other arrangements with the Customer and I will still be responsible for those payments and other obligations. You do not have to notify me if the Customer is in default. If the Customer defaults, I will immediately pay in accordance with the default provisions of the Agreement all sums due under the original terms of the Agreement and I will perform all other obligations of Customer under the Agreement. I will reimburse you for all the expenses you incur in enforcing any of your rights against the Customer or me, including attorney's fees. If this is a corporate guaranty, it is authorized by the Board of Directors of the guaranteeing corporation. Date Date Corporate Guaranty Name of Corporation Signature Title Personal Guaranty Guarantor's signature Type or Print Name Address CTWP / 122693-v3 1 /0 Document Management Program (Continued from reverse side/previous page) 3. Payment: You agree-to make payment either electronically or by mail. We may provide You with an "Authorization Agreement for Electronic Payments" agreement. You authorize Us to change the Minimum Monthly Usage Payment by not more than 15% due to changes in the Equipment and/or configuration occurring prior to Our acceptance of this Agreement. Restrictive endorsements on checks You send to Us will not reduce Your obligations to Us. Whenever any payment is not made when due, You agree to pay Us, within one month, a late charge of the greater of ten percent (10%) of the payment or $20.00 for each delayed payment to cover Our internal operating expenses arising as a result of each delayed payment, but only to the extent permitted by law. You agree to pay a charge of $25 for each check returned for non-sufficient funds or other reasons. 4. Automatic Renewal: This Agreement will automatically renew for successive 12 month renewal terms unless You send Us written notice, by certified mail, not less than 120 days nor more than 180 days prior to the expiration of the Term (or the then-current renewal term, as applicable) of Your election to either: (a) exercise any option to purchase all, but not less than all, of the Equipment upon the expiration of the Term or the then-current renewal term, as applicable (if We have granted You such an option), or (b) elect to return the Equipment upon the expiration of the Term or the then-current renewal term, as applicable. If You elect to return the Equipment at the expiration of the Term or any renewal term as described above, You agree to return the Equipment in accordance with Section 9 of this Agreement. Upon Your election to purchase or return the Equipment as described above, We may charge You a title transfer or Equipment return fee of up to $75.00. 5. Ownership of Equipment; Article 2A Finance Lease, Security Interest: We are the owner of the Equipment and have title to the Equipment. You agree this Agreement constitutes a Finance Lease under Article 2A of the Uniform Commercial Code and, to the extent permitted by applicable law, You hereby waive any and all rights and remedies conferred upon You under Sections 2A-303 and 2A-508 through 522 of the Uniform Commercial Code. In the event it is determined that this Agreement creates a security interest, You hereby grant to Us a security interest in the Equipment, and appoint Us your attorney-in-fact to sign financing statements in your name and file the same in order to perfect such security interest. You agree to pay all fees associated with Our preparing and riling such financing statements, and any releases, terminations and other filings associated therewith. 6. Maintenance and Supplies: The charges established by this Agreement include payment for the use of the designed Equipment and accessories, supplies, copies and maintenance per the terms of this Agreement. You will not withhold payment of any amounts due or otherwise default under this Agreement by reason of any claim that We or the supplier have failed to honor the obligations hereunder. 7. Warranties: We transfer to You for the Term and any renewal terms of this Agreement all warranties, if any, made by the supplier and/or manufacturer of the Equipment to Us. We are not liable to You for any modification or rescission of any supplier or manufacturer warranties. You agree to continue making payments to Us under this Agreement regardless of any claims You may have against the supplier or manufacturer of the Equipment. WE MAKE NO WARRANTY, EXPRESS OR . ...oowwm~CC )Rini IInlAlr_ WITNrLIT IIMITATION THE IMPLIED 8. Location of Equipment: You will keep and use the Equipment only at your address shown above. You agree that the Equipment will not be removed from that address unless You get Our written permission in advance to move d. 9. Return of Equipment. If You are required to return the Equipment to Us under the terms of this Agreement or otherwise, You shall, at Your expense, immediately return the Equipment to any location(s) and aboard any carrier(s) We may designate, properly packed for shipment, freight prepaid and insured, F.O.B. Destination Point, in as good condition as when delivered to You, ordinary wear and tear excepted. 10. Loss; Damage; Insurance: You shall, during the Term, (i) bear the risk of loss and damage to the Equipment and shall continue performing all Your obligations to Us even if it becomes damaged or suffers a loss, (ii) keep the Equipment insured against all risks of damage and loss ("Property Insurance') in an amount equal to its replacement cost, with Us named as sole "loss payee," and (iii) carry public liability insurance covering bodily injury and property damage ("Liability Insurance's in an amount acceptable to Us, with Us named as "additional insured." You have the choice of satisfying these insurance requirements by providing Us with satisfactory evidence of Property and Liability Insurance ("Insurance Proof'), within 30 days of the Commencement Date. Such Insurance Proof must provide for at least 30 days prior written notice to Us before it may be cancelled or terminated and must contain other terms satisfactory to Us. If you do not provide Us with Insurance Proof within 30 days of the Commencement Date, or if such insurance terminates for any reason, then (a) You agree that We have the right, but not the obligation, to obtain such Property Insurance and/or Liability Insurance in such forms and amounts from an insurer of Our choosing in order to protect Our interests ("Other Insurance'), and (b) You agree that We may charge you a periodic charge for such Other Insurance. This periodic charge will include reimbursement for premiums advanced by Us to purchase Other Insurance, billing and tracking fees, charges for Our processing fees associated with the Other Insurance, and a finance charge of up to 18% per annum (or the maximum rate allowed by law, if less) on any advances We make for premiums, (collectively, the "Insurance Charge'). We and/or one or more of our insurance company affiliates and/or agents may receive a portion of the Insurance Charge, which may include a profit. We are not obligated to obtain, and may cancel, Other Insurance at any time without notice to You. Any Other Insurance need not name You as an insured or protect Your interests. The Insurance Charge may be higher than if You obtained Property and Liability Insurance on Your own. 11. Taxes and Fees: You are responsible for alt taxes (including, without limitation, sales, use and personal property taxes, and excluding only taxes based on Our income), levies, assessments, license and registration fees and other governmental charges relating to this Lease or the Equipment (collectively, with such taxes, "Governmental Charges'). We may periodically bill You for, and You agree to promptly pay, estimated future Governmental Charges. You authorize Us to pay any Governmental Charges when and as they may become due, and You agree to reimburse Us promptly upon demand for the full amount (less any estimated amounts previously paid by You). You hereby appoint Us as Your attorney-in-fact to sign Your name to any document for the purpose of riling tax returns. You agree to pay Us a fee for preparing and filing personal property tax returns. You also agree to pay Us upon demand (i) for all costs of filing, amending and releasing UCC financing statements and a fee for each filing, and (ii) a processing fee of $75.00 to cover Our investigation, documentation and other administrative costs in originating this Lease. You also agree to pay Us a fee, in accordance with Our current fee schedule, which may change from time to time, for additional services We may provide to You at Your request during the term of this Lease. You agree that the fees set forth in this Lease may include a profit. 12. Assignment: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT. We may sell, assign, or transfer, in whole or in party, this Agreement and/or any of the Equipment. You agree that if we sell, assign, or transfer this Agreement and/or any of the Equipment, the new owner will have the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that the rights of the new owner will not be subject to any claims, defenses, or set offs that you may have against us. 13. Default: If you do not pay according to the terms of this Agreement, or if you break any promises in this Agreement, You will be in default. If You default, We may do one or more of the following; (a) Require that You pay the remaining and any past due Minimum Monthly Usage Payments plus the residual value We have placed on the Equipment, plus all taxes, fees and other charges You owe Us, (b) Require that You return the Equipment in accordance with Section 9 of this Agreement, (c) Exercise any other rights and seek any other remedies available to Us under the Uniform Commercial Code or any other law, and/or (d) Require that You pay our reasonable attorney fees, recovery fees and actual costs. This Lease shall be deemed fully executed and performed in the state of Owner or its Assignee's principal place of business and shall be governed by and construed in accordance with its laws. Any legal actions relating to this Lease must be instituted In the courts in the state of Owner or its Assignee's principal place of business, which shall have exclusive jurisdiction. YOU WAIVE TRIAL BY JURY IN ANY ACTION BETWEEN US. 14. Additional Image Charges: You will be responsible for all Images made in excess of the Minimum Monthly Number of Images. The amount due will be equal to the Overage Image Charge times the number of Images made in excess of the Minimum Monthly Number of Images. You agree to comply with any billing procedures as outlined herein, and agree to notify Us of the meter reading at the end of each billing period. You agree that We shall have reasonable access during normal business hours to verify meters, view the location of the Equipment. - 11 y Re mnra th n 10°/ nit /hP than Cu runt Par lmaQP r'hau~e. 16. Facsimile Signatures: You agree that a facsimile copy of this Agreement bearing authorized signatures may be treated as an original. CTWP / 122693-0 © S MAINTENANCE AGREEMENT CTWP 3730 Franklin Ave. Waco, TX 76710 Ph. 254752-0376 Fx. 254752-7712 Eail. admin@ctwp.com 9111. Invoice Cycle Monthly:LJ Quarterly:LJ Annual:L-W Other: Overaqe Cvcle Monthlv:❑ Quarterlv:❑ Annual: Other: Date Printed name and title O 7 Date • Waco • Bryan • San Angelo • San Antonio • Temple See reverse for terms and con ions l Y CTWP administration approval uth ized Cus er Signature This contract constitutes the entire agreement between the Customer and CTWP. The provisions included shall represent the intent of the parties, not withstanding any variance with the terms and conditions of any other submitted by the Customer in respect to CTWP service. CONSUMABLES: Toner, developer, drums, masters, starter, fuser rollers, fuser oil, cleaning rollers, toner waste containers, preventative maintenance kits, and imaging units are considered consumable supply items. If applicable, these items will be billed to the Customer at CTWP's then effective rate plus applicable taxes and shipping charges. Any damage caused by the Customer will not be covered by this maintenance agreement, and repairs will be billed at CTWP's then effective rate. PARTS: Parts that are broken or worn through normal use and are necessary for servicing and maintenance adjustments will be provided at no charge to the Customer by CTWP. These parts can be new, used, or reconditioned so long as they necessitate the repair of the covered equipment. EXCLUSIONS: This agreement shall not apply to services or repairs made necessary by accident, misuse, abuse, neglect, theft, riot, vandalism, electrical power anomalies, fire, water or other casualty to or repairs made necessary as a result of either service by personnel other than CTWP's employees, or use of non-OEM (Original Equipment Manufacturer) supplies. A separate charge shall be made for the parts and labor at CTWP's then effective rate. This agreement can be terminated by CTWP if, in CTWP's opinion, the equipment is subject to excessive Customer abuse or neglect. CTWP is not responsible for any connected computer equipment not specified and or listed on this agreement. RECONDITIONING: Overhauling, reconditioning and or rebuilding is not covered under the terms of this agreement When, in CTWP's, opinion, this service is required, CTWP will provide a written estimate for approval by the Customer. If the Customer does not approve such work, CTWP has the right to cancel or not renew this agreement. Any unused portion of this agreement will apply to the Customer's open account. CTWP will, however, continue to service the equipment on a time and materials basis. UPGRADING: This agreement is nonrefundable. Should this equipment be upgraded with CTWP prior to the expiration date, CTWP will apply any unused portion of this agreement toward the purchase of a maintenance agreement for the new machine. CONTRACT CHANGES: CTWP reserves the right to impose additional fees in response to changes in contract term requested by the Customer. BUSINESS HOURS: All service calls under this agreement will be made by CTWP during normal business hours, which are Monday through Friday 8:00 a.m. to 5:00 p.m. excluding holidays. Services requested by the Customer for other than normal business hours maybe performed on an as available basis at a rate of not less than 1.5 times the then current CTWP hourly rate. MOVEMENTS: Should the equipment be moved beyond the service area of CTWP, this contract is considered void. CTWP has the right to adjust rates for moves within the CTWP service area. TAXES: This agreement does not include applicable taxes. All taxes levied or imposed, now and hereafter, by any governmental authority shall be paid by the Customer in accordance with the law. ASSIGNMENT: This agreement may not be assigned by the Customer. DELINQUENCY: Should account become delinquent during the terms of this agreement, CTWP reserves the right to cancel this agreement. Un-used portions of delinquent contracts are not refundable. ENFORCEMENT: In the event of any action to enforce terms of this agreement or any collateral agreement hereto, the prevailing party in such is entitled to all costs hereof including reasonable attorney fees. RENEWAL: This contract will automatically renew for successive periods as those described at the then current CTWP rate based on current Customer usage of equipment at time of renewal. Cancellation request by the Customer must be received in writing no less than 30 days prior to the end of this agreement. LEASED EQUIPMENT WITH MAINTENANCE: If the listed equipment is leased with maintenance included in the lease payments (3`d party lease or a private label), the term of this contract will be coterminous with the lease. Maintenance rates may be adjusted according to the original lease documents. CANCELLATION: CTWP reserves the right to cancel at any time during the contract period, should CTWP elect to cancel, any unused portion will be applied to the Customer's open account or refunded, at the election of CTWP. NO 50 Non-Appropriation Addendum Lessee/Renter/Customer: Brazos County Title of lease, rental or other agreement: Document Management dated Lessor or Lender: Hayday, Inc. dba CTWP Lease, rental or contract This Non-Appropriation Addendum (this "Addendum") is made by and between the above-referenced state or local governmental entity ("Customer") and the above-referenced lessor or lender ("Creditor"). Introduction: Customer and Creditor are simultaneously herewith entering into the above-referenced lease or other credit agreement ("Agreement"); and Customer and Creditor wish to modify the terms of the Agreement to provide for terms that will apply in the event of the non-appropriation of funds by Customer's legislature or other governing body. This Addendum shall be effective as of the same date as the Agreement (the "Effective Date"). 1. Incorporation and Effect. This Addendum is hereby made a part of, and incorporated into, the Agreement as though fully set forth therein. As modified or supplemented by the terms set forth herein, the provisions of the Agreement shall remain in full force and effect, provided that, in the event of a conflict between any provision of this Addendum and any provision of the Agreement, the provision of this Addendum shall control. 2. Definitions. Capitalized terms herein that are not otherwise specifically defined herein shall have the same meanings as set forth in the Agreement. As used in this Addendum, the following terms shall have the following-described meanings: "Agreement Related Documents" means all solicitations, requests for proposal, invitations for bid, proposals, bids, contract awards, service level agreements, statements of work, service agreements, maintenance agreements, purchase orders or other documents or specifications related to the transaction contemplated in the Agreement but not issued or entered into by Creditor. "Goods" shall have the same meaning as the term "Equipment," "Leased Equipment," "Goods," "Property" or "Collateral" (or a similar term) as defined and used in the Agreement. "Non-Appropriation of Funds" means any failure of Customer's legislature or other governing body to appropriate funds for the payment of amounts due and to become due to Creditor under the Agreement in a given fiscal year during the term thereof. "Non-Appropriation Notice" means a written notice delivered to Creditor from Customer certifying that (i) a Non- Appropriation of Funds has occurred, and (ii) Customer has exhausted all funds appropriated for payment of amounts due and to become due under the Agreement. 3. Non-Appropriation. Customer intends, to the extent permitted by law, to remit to Creditor all sums due and to become due under the Agreement for the full term thereof, provided funds are appropriated for such purpose. Notwithstanding the foregoing, the Agreement does not constitute an obligation payable in any fiscal year beyond the last fiscal year for which related funds are lawfully appropriated. In the event of a Non-Appropriation of Funds, Customer may, subject to the terms hereof, terminate the Agreement as of the last day of the fiscal year for which appropriations were received and thereafter return the affected Goods as set forth below. In order to invoke Customer's rights under this provision, Customer agrees that: (a) to the extent permitted by law, at least thirty (30) days prior to the end of the fiscal period for which funds were last appropriated with respect to the Agreement, Customershall provide Creditor with a Non-Appropriation Notice, and (b) upon expiration of such fiscal period, Customer shall return the Goods to Creditor to any location Creditor designates in the continental United States, insured, freight prepaid by Customer, in good and working order and immediately available for sale by Creditor to a third party buyer, user, renter or lessee, other than Customer, without the need for any repair or refurbishment. Customer shall pay all costs to repair Goods not returned in conformity herewith. 4. Non-Substitution. In the event Customer terminates the Agreement due to a Non-Appropriation of Funds, Customer agrees (to the extent permitted by law) that, for a period of one (1) year from the date of such termination, Customer shall not purchase, lease or rent equipment performing functions similar to those performed by the Goods, for use at the site where the Goods are located, except for the public health, safety or welfare of the Customer; provided, however, that this section shall not be applicable to the extent that these restrictions are unlawful or would adversely affect the validity or enforceability of the Agreement. 5. Additional Representations and Warranties. In addition to the representations and warranties made by Customer as set forth in the Agreement, Customer hereby represents and warrants that the Agreement: (a) is a valid and legally binding contract, entered into in compliance with all applicable laws, including, without limitation, laws relating to open meetings, public bidding, procurement and appropriations, (b) conforms with, but does not incorporate, the terms and conditions of any applicable Agreement Related Documents and is the sole governing contract with respect to the Customer's acquisition or use of the Goods, and (c) constitutes a current expense (and not debt under state law) and does not constitute a pledge of Customer's tax or general revenues. Customer further represents and warrants that sufficient unencumbered funds have been appropriated for Customer to fulfill all of its payment obligations under the Agreement during Customer's current fiscal year. Iic) 120542 vl Non-Appropriation Addendum 07-05 Page 1 of 2 Customer acknowledges and agrees that Agreement Related Documents are not a part of the Agreement and that the terms and conditions of the Agreement supersede and control over any additional or conflicting terms set forth in any Agreement Related Documents. 6. Choice of Law: Affect on Default and Indemnity Provisions. Notwithstanding anything in the Agreement to the contrary, the Agreement shall be governed by, construed and enforced in accordance with the laws of the state in which Customer is located. To the extent Creditor's remedies for a Customer default under the Agreement include any right to accelerate amounts to become due under the Agreement, such acceleration shall be limited to amounts to become due during the then-current fiscal year of Customer. Nothing contained in this Section shall be deemed to otherwise limit or affect any of Creditor's rights or remedies under the Agreement. To the extent Customer is or may be obligated to indemnify, defend or hold harmless Creditor under the terms of the Agreement, such potential indemnity obligation shall only arise to the extent permitted by applicable law. Customer's monetary obligation with respect to such potential indemnity obligation (if any) shall be limited solely to sums lawfully appropriated for such purpose and shall be available only in the amount and pursuant to such administrative or legal procedures as required by law. Nothing contained in this Addendum or the Agreement shall be deemed to obligate Creditor to appropriate or otherwise make available funds to satisfy any indemnity or other obligation to the extent such obligation would be unlawful or would adversely affect the validity or enforceability of the Agreement. Nothing contained in this Section shall be deemed to otherwise limit or affect any of Creditor's rights or remedies under the Agreement. 7. Miscellaneous. This Addendum, together with the provisions of the Agreement not expressly inconsistent herewith, constitutes the entire agreement between the parties with respect to the matters addressed herein, and shall supersede all prior oral or written negotiations, understandings and commitments. This Addendum may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to constitute one and the same agreement. A facsimile or other copy of this Addendum with facsimile or copied signatures shall have the full force and effect of the original for all purposes, including the rules of evidence applicable to court proceedings. Customer: Accepted by Creditor: By. X Print: c Print: 47 v Title: Title: VOLL40PAGE 120542 v 1 Non-Appropriation Addendum 07-05 Page 2 Of 2 Application No. Contract No. Supplement Business Technology Integration. Supplement No. Full Legal Name: County of Brazos Address: 200 S. Texas Avenue Suite 310 City: Bryan State: Tx Zip: 77803 Phone: 979-361-4104 Fax: DBA: Brazos County Commissioners Billing Address: 300 E. 26th Street Suite 314 City: Bryan State: Tx Zip: 77803 EQUIPMENT ADDED: Qty. Make Item Description (or Accessories) 1 Ricoh MP 4000 SP w/Finisher EQUIPMENT DELETED: Qty. Make Item Description (or Accessories) Equipment Rental Payment for New ONLY* Rental Payment for New Equipment ONLY' B&W Images Allowance 10,000 Excess B&W Images Over Allowance' $0.0120 $245.00 Color Images Allowance 0 Excess Color Images Over Allowance' $0.0000 Scans Allowance 0 Excess Scans Over Allowance' $0.0000 Linear Footage Allowance 0 Excess Linear Footage Over Allowance' $0.0000 This Agreement is to be billed together with Agreement(s) Please check one of the following: All payments and images are consolidated: ❑ Yes Q No METER READINGS VERIFIED QUARTERLY 'plus applicable taxes mos. Balance of applicable tens. Termination date of this supplement coincides with the termination date set forth in the DOCUMANAGE RENTAL Agreement or previous supplement. 60 mos. New term for equipment referenced above only. Such term begins upon supplement endorsement and acceptance by Owner. The term of the original Agreement shall remain in full force and effect for the remaining original equipment. TERMS AND CONDITIONS: You have requested this supplement to the DOCUMANAGE RENTAL Agreement (or supplement) as set forth above. Except for the specific provisions set forth above, the original terms and conditions set forth in the DOCUMANAGE RENTAL Agreement and any personal guamaty(s) shall remain in full force and effect and are incorporated herein by reference. ACCEPTANCE OF DELIVERY. YOU HEREBY ACKNOWLEDGE THAT THE ENT S FORTH AB E HAS BEEN RECEIVED, HAS BEEN PUT IN USE, IS IN GOOD WORKING ORDER AND IS SATISFACTORY AND ACCEPTAB)LE. INtTIA ERR ING: UNIT 1: UNIT 2: UNIT 3: Signature: X Date: Print Name: S For: ~IJSTIDMER ACCEPTANCE. Print Name: Signature: X r: Print Name: Signature: Date: Date: For: r - For: 19968a - 08/21/2006 s-- Application No. Contract No. Supplement Business Technology Integration. Supplement No. Full Legal Name: County of Brazos Address: 200 S. Texas Avenue Suite 310 City: Bryan State: Tx Zip: 77803 Phone: 979-361-4104 Fax: DBA: Brazos County Treasurer's Office Billing Address: 300 E. 26th Street Suite 314 City: Bryan State: Tx Zip: 77803 • , Qty. Make Item Description (or Accessories) 1 Ricoh MP 4000 SP w/Finisher EQUIPMENT DELETED: Qty. Make Item Description (or Accessories) Rental Payment for New Equipment ONLY' $225.00 B&W Images Allowance 5,000 Color Images Allowance 0 Scans Allowance 0 Linear Footage Allowance Excess B&W Images Over Allowance' $0.0120 Excess Color Images Over Allowance' $0.0000 Excess Scans Over Allowance' $0.0000 $0.0000 0 Excess Linear Footage Over Allowance' This Agreement is to be billed together with Agreement(s) Please check one of the following: All payments and images are consolidated: ❑ Yes❑ No METER READINGS VERIFIED QUARTERLY 'plus applicable taxes mos. Balance of applicable term. Termination date of this supplement coincides with the termination date set forth in the DOCUMANAGE RENTAL Agreement or previous supplement. 60 mos. New term for equipment referenced above only. Such term begins upon supplement endorsement and acceptance by Owner. The term of the original Agreement shall remain in full force and effect for the remaining original equipment TERMS AND CONDITIONS: You have requested this supplement to the DOCUMANAGE RENTAL Agreement (or supplement) as set forth above. Except for the specific provisions set forth above, the original terms and conditions set forth in the DOCUMANAGE RENTAL Agreement and any personal guamaty(s) shall remain in full force and effect and are incorporated herein by reference. BEEN RECEIVED, HAS BEEN PUT IN USE, IS IN GOOD WORKING ORDER AND IS V15U HEREBY ACKNOWLEDGE T},iAT THE IPMEN 7=Date: SATISFACTORY AND ACCEP. E. INIT DING: UNIT UNIT 2: UNIT 3: Signature: X ' Pri nt Name: ( s 0 For: CUSTOMER Print Name: Signature: X Date: 1/(_X ~ For: Print Name: Date: Signature: For: 19968a - 08/21/2006 J D AIA OCLraw Business Technology integration. Full Legal Name: County of Brazos Address: 623 Mary Lake Drive City: Bryan State: Tx Zip: 77803 Phone: 979-823-3544 Fax: 979-823-4211 DBA: Brazos County Academy Program Billing Address: 300 East 26th Street Suite 314 City: Bryan State: Tx Zip: 77803 'EQUIPMENT ADDED: Qty. Make Item Description (or Accessories) 1 Ricoh MP 5000SPF w/finisher EQUIPMENT DELETED: Qty. Make Item Description (or Accessories) Rental Payment for New Equipment ONLY- $295.00 BBWImages Allowance 5,000 Color Images Allowance 0 Scans Allowance 0 Linear Footage Allowance 0 Excess B&W Images Over Allowance' $0.0120 Excess Color Images Over Allowance' $0.0000 Excess Scans Over Allowance' $0.0000 Excess Linear Footage Over Allowance' $0.0000 This Agreement Is to be billed together with Agreement(s) Please check one of the following: Application No. Contract No. Supplement Supplement No. All payments and Images are consolidated: ❑ Yes 0 No METER READINGS VERIFIED QUARTERLY 'plus applicable taxes mos. Balance of applicable term. Termination date of this supplement coincides with the termination date set forth in the DOCUMANAGE RENTAL Agreement or previous supplement. 60 mos. New term for equipment referenced above only. Such term begins upon supplement endorsement and acceptance by Owner. The term of the original Agreement shall remain in full force and effect for the remaining original equipment. TERMS AND CONDITIONS: You have requested this supplement to the DOCUMANAGE RENTAL Agreement (or supplement) as set forth above. Except for the specific provisions set forth above, the original terms and conditions set forth in the DOCUMANAGE RENTAL Agreement and any personal guamaty(s) shall remain in full force and effect and are Incorporated herein by reference. YOU HEREBY ACKNOWLEDGE TH THE EQUIP NT SET FORTH ABOVE HAS BEEN RECEIVED, HAS BEEN PUT IN USE, IS IN GOOD WORKING ORDER AND IS SATISFACTORY AND ACCEPT INITIAL M Rr UNIT 2: UNIT 3: Signature: X Date: ?fo(fU~s Print Name: c► t~l >ti For. 0 CUSTOMER ACCEPTANCE: Print Name: (1cyirti~ Signature: X Title: r I Date: Y'11L, (k)-K For: 0 2ich~~ .4 .1 Print Name: Signature: Date: For: 19968a - 08/21/2006 CONSULTING AGREEMENT THIS AGREEMENT, effective on the countersigned date below, is by and between Ben Sanford & Associates, Inc., hereinafter referred to as CONSULTANT, and Brazos County, hereinafter referred to as CLIENT. WITNESSETH WHEREAS, CLIENT is desirous of obtaining advice, counsel and assistance in the definition and solution of certain telecommunication problems it has now, or anticipates encountering in the future; and WHEREAS, CONSULTANT possesses the experience, expertise, familiarity with the industry and capacity to fulfill said need of CLIENT, and is willing to assist CLIENT as herein described for the fee set forth; NOW THEREFORE, for and in consideration of these premises, the mutual promises and covenants contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: CLIENT HEREBY engages CONSULTANT for the period of twenty-four (24) months to render the CLIENT such consulting services as are more particularly described in the attached "Exhibit A", which services CONSULTANT agrees to render to CLIENT on the terms and conditions set forth. Notwithstanding any other provision hereof, either party may terminate this contract for good cause shown in writing ninety (90) days prior to a fixed written termination date. In exigent emergency circumstances explained in writing by Commissioner's Court, the Court may effect termination of this contract for emergency reasons after a ten (10) day written notice to Consultant; II CLIENT AGREES to pay CONSULTANT, for said consulting services, a fee as enumerated in "Exhibit B". CLIENT shall authorize CONSULTANT to deal with applicable vendors by written Letter of Agency. III Consultant acknowledges that County contracts in Texas usually depend on the existence of an appropriation to fund the contract or otherwise legally available funding to make payments hereunder. It is expressly agreed and acknowledged by Consultant that this contract may be unilaterally terminated by Commissioner's Court for non-existence, lapse or exhaustion of the appropriation or funding anticipated to exist at the time of execution hereof. If Commissioner's Court implements the termination described in this paragraph, it shall not be required to pay any expectation or bargained -for payments described herein (and on any attachments) because of such failure of appropriation or fixed funding. IV THIS AGREEMENT SHALL constitute the entire agreement of the parties, shall inure to the benefit of the parties hereto, their heirs and assigns forever, and any amendment, modification, or alteration shall be of no force and effect unless embodied in writing and executed by the parties concerned. Signatures below must be dated within sixty days of one another. Offere Ben Sanford Ben Sanford & Associates, Inc. Company President Title Date Company V UY WTitle Date EXHIBIT A TASKS COUNTY ADMINISTRATION BUILDING 1. Evaluate PBX equipment connectivity options with the Courthouse switch. 2. Explore and quantify outside plant connectivity solutions for present and future. 3. Assist County IT Department with inside cabling and outside plant issues. 4. Coordinate with Verizon regarding local services and outside plant. 5. Assist departmental personnel with instrument, voice mail and other issues of interest. 6. Assist with and approve cutover. 7. Assist with post-cutover issues and changes. EXHIBIT B FEE SCHEDULE Hourly fees are $125, plus expenses (including travel, meals, lodging, long distance, postage, printing, and other misc. items). Automobile travel shall be expensed at .50.5 per mile. Total Fee for Additional Services Shall Not Exceed $6,250 (50 hours), plus estimated expenses of $0.00, for a total of $6,250. Invoices shall be rendered monthly, or at completion of major tasks. Any additional hours requested by Client shall be billed at the same hourly rate, plus expenses. FEE INCLUDES A ONE YEAR FOLLOW-UP FOR ANY RECOMMENDED PRODUCTS OR SERVICES Initials: BSA Client i10 (P5 BRAZOS COUNTY PROPOSAL ADDITIONAL HOURS ADMIN 061308 REVISED.DOC 0 WA F a a U 4 4 U 0 z W h r O N r W 00 o 00 0 ~c 00 Q ti Vim' ti N ONO.. go ~ O Vi d9 N9 f/9 F/i Ni ~G V1 ~f, "1 M M M M ~ ri N N O Ef) 619 (fi 65 69 49 U9 co ry n l~ cl; N O ° 00 _ i O O W) 0 0 M v i ~ V N o0 n - M N M rn O 6r9 6r9 69 6s 6s 69 00 0 N v~ v~ ~n C N N N 69 69 69 6 a O C l~ o0 to r` 00 O M N O O M h r` M ' O O O In N %0 O I r O h O O G ~n N 1.6 h r- 06 N 't 0: O~ ~O "O C: ~D r` G 6` ao ti N R V. r` M O O h O O vi O O O 1n O M R n O ~O It ~o a ~o vi N V M O vl ~n r+ M 7 M 00 O h O N O~ O, o0 vl 00 ~ M t N h -r M Nl N N 00 6 Q "t C' - N N O, . V bs 69 6A 69 69 69 6A 69 619 6g 6si 6s 69 6H 69 69 6s 609 69 v 69 6s 1 6g O O O N Cpl N In O h h W O O O ~ ~ ct M N n O ~ h Z ! O n W f N N cn N h N N ! w 6s 69 6/9 69 69 69 6.9 69 69 6A 6s 6A 6s 6A 603 6A 66 b4 69 69 6s 6A 6s 6A 6.9 69 69 69 61! 69 69 69 69 69 H9 69 69 69 l 6s 69 69 69 69 69 69 69 O v~ V1 O O vl O ~n O O O V1 In O O V1 V1 O V, Cl V1 O h CD r` r` h O n O N M V) O N r• O O N N u'i r O N O n w O 00 00 N tn t+l O ~D r; O g a0 O vi ~o - In 74 O In w O O \0 1~11 ~o rn ~o h N v M O V~ In M a M v N Cl N V1 r- r, 00 vn 00 N ~O kn r M ~ M M O h N a O L Ti ,:t N N ri t~ b' 6s 6s 65 6s 69 69 69 6/i 69 6g 69 6s 6A 6s 6A 6s 64 66 bq Ef 6A 6A 65 ar o 0 ~ 0 0 o 0 o 0 0 o 0 v 0 o 0 Cl ° .r°, ° o 0 o 0 ,on on o 0 o ° °o 0 ~n 0 r7 O n v, y O v, r` O , N N 0 y O N r-: 0 0 N in 0 O r O N o n M 00 W ry' V b r- r` n 00 a0 d ~ ~ ~ r` 00 00 m y 00 00 y W O O O O O_ O O O U O O O O O O O U O O U 0 O \ O O 0, M V N-~ O \ N h O N rl tl x O O C in Do 00 01 C', c+1 . O N M l M IM C Z a W R U 0 0 0 0 0 0 C, 0 h R O O O O O O r~ R C O O ► Q O A M F C7 a M ` 00 c N x C C F O z p w a ~ ~ A 00 W 00 " ~ a ~ a a O t ° O :rt d > 9 O UA O C ti a z p, W ` . O N r N X C6 O N_ O Z ca ca C U) a> O U) m cn O N ca m I- b6 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: July 1, 2008 ITEM: Request from Verizon Communications to construct a road bore for buried cable installation in the right of wgy of Peach Creek Cut-Off Road beginning approximately 2,011 ft. east of SH 6 South extending for a distance of 171 ft. at a depth of 36 inches. Site is located in Precinct 1. 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: APPROVED BY: Richard F. Vance, P.E. Commis 'over Lloyd Wassermann County Engineer Precinct 1 CC2008-045 This Request is Approved 2'/ Denied ❑ by Commissioners' Court Date: Randy Sims; County Judge 1 I o 01 verizon Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 June 18, 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 Bryan, Texas. This work is to be completed on Work Order 5413-3POAOMR which is scheduled for July 9, 2008. If you have any questions concerning this work, please contact Charles Allen at our office in Bryan, telephone 979-821-4761 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sin erely, Brenda Vajdak Supervisor - Network Engineer BV:ec Attachment Flo leg VERIZON COMMUNICATION To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Randy Sims Notice of Line Installation June 12, 2008, 2008 Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: On Peach Creek Cut-Off Rd approximately 2011' east of SH 6 S starting in south ROW a buried 25 pr communication will be placed under Peach Creek Cut- Off Rd from them south to north ROW, the cable will then be placed 3' in the north ROW extending west for a distance of approximately 171' at a depth of 36". The location and description of this line and associated appurtenances is more fully shown by four (4) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. VERIZON COMMUNICATIONS 1 14-,11. Kqu- C; ((5 ~ L Brenda Vajdak Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 5416-3POAOMR lid z O ---I m D m D I IZ rn to 0 0 W 0 D 0 v Q co 0) N N 0 0 co N O W z-r: D-U CD OCnrm0 D -n n =m :3D Cno mmz D :E: Z O mzMOD~ M ::E~rm ro 0rCn -<ZDZO-q ::E COG)CO O r X 7\ ZMo °Z r- V) :10 z ~r CO D O°§~ 7D mm m D Cn I'D +i ~ . s o m In ~ y a •a. x D m nin n~ m 5Ll 51 m m X rn i n m m R o N ~ N y acnxl'1XyXnDaA nnxnxn_nnnnn_nnnnnnn_a~Zti® nnxnx_nnnnnnnnnnnnnnnmmZ•O p p p {y~7fIr~~ N NpN NN~N. N. ~ Np NO. N. p~ NN. N. N. .O • 8i'p~p~0~9tJ~ _m$~g~W~ Y~iaN VZiuy~$}pINt- RNO ~mp~p_ mOOf~uUi Ol~q£N$'NmN'~aNT ~~-J~uyl VU.v~ USN +~y ta►VTi►IO N.O?. m m N~piiW IaN►NU~~VO ~i~~~~tr-NNE .OmN-~~{A~ NN Y1 -m'm~--'-msuNi~ oiNV~ u oNmm -~'a~-- -mNnNmju~ m' _ .0 ,,.O~tI~O _ NNqq p~yy N$~m='u0.0 Nm~TLWm ON U1 a$NON $ NwOm tJ my-►V~ m~, 00=_ Yl~my-►Vm 0+ (~~VA~ ~AW N(- U N~ uWN O N N NWNNO A AN..v a ~t r N U1 (7) m ID n I= I~ Im m I~ Ic I O ~l m 2eeef f8 e<~Ck`S I ° 2 42 2ssiT 2Sl e r8) 6 P 91160 32e00 8) D I CIO m I + }O m A i N m A r CA 00 Z O m N D N + I I i I I I O C-) <c o cn M 00 V 3 N ~m < n m D C) 2 m m Ln C: D W O + T, _0 3 O D J m x~~ Nave + nx~Or~~a~~~9a my 0 D ILIA 03 a (P'- C-) N ~D CP W~Zv p .D CO r 'o-OO^o~ w '0v ~nW WG~9~ a , O-n 0 T 7 5u1 b LJ o 3 Pb AoMr(- lJ D Li K- L t>LA I O BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: July 1, 2008 ITEM: Consider and take action on request from the Road and Bridge Department to implement a four-day work week effective July 7 2008 Hours of operation will be Monday through Thursday from 7:00 a.m. to 5:3012.m. SOURCE OF FUNDS: N/A PRESENTATION: SUBMITTED BY: ✓Richard F. Vance, P.E. County Engineer CC2008-043 This Request is Ap roved(or) Denied Date: Randy Sims; County Judge `i f V APPROVED BY: liet.-~L~,ti~1~i,., ~ Commi sioner Lloyd Wassermann, Pct 1 Road and Bridge Liaison by Commissioners' Court q)