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BRYAN, TEXAS ~•~~c ~C.~i~i~~
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BR-AZ-OS COUNTY WILL MEET IN REGULAR
SESSION ON 29 JULY 2008 AT 9:00 IN THE COMMISSIONERS COURTROOM
OF THE BRA 70S COUNTY COURTHOUSE, 300 E_ 26~ STREET, SUITE II5, BRYAN, TEXAS-
1 _ Invocation and Pledge o£ Allegiance - Commissioner Mallard.
2_ Call for citizen's input and/or concerns-
Consider and take actioa oa agenda items 3 - 17c
3- Permission to reuse a portion of the funds allocated for the courthouse renovation to
fLi cl the remodeling of the Juvenile Services portable building-
4. Budget Amendment 07/08-39.1 thni 07/08-39-8-
S. Personnel Change of Status_
6_ Payment of Claims-
7. Mail Service Agreement with DeLucia Mail Service for the purchase of mail operation services- Term o£ this agreement is 1 August 2008 through 31 July 2009 with the
option to renew for additional one (1) year terms-
8. Request from the Information Technology Deparfinent for approval of expenditures using this dep3rtmelllt's DDEA funds for the purchase of twelve (12) printers at a time
when the model to be purchased is on sale (total savings to the County= $3,612.00)_
Office of the County Judge 200 South Tezas Ave_ • Suite 332 Bryan, Texas 77803 Faz: (979>3B I -4SO3
I t a dZ 3 -7
Commissioners Court Agenda
29 July 2008
Page 2
9. Tax Refund Applications for the following:
a. Johnny Johnson d. Adaline Rosson
b. Janice Corgey Lowe e. Robert D. & Shirley Wineman
c. Jan Properties Trust & Bryant Nunn Trustee
10. Out of state travel request from County Extension Agent Brandon S. Gregson to attend
the 2008 National Association of Extension 4-H Agents Annual Conference in
Indianapolis, Indiana; dates of travel are 15-18 September 2008.
11. Copier Lease Agreement with Brazos Valley Office Solutions (BVOS) for the 361St
District Court, replacing a copier that experienced water damage and cannot be
repaired.
12. Final Plat of Indian Lakes Phase Eleven (XI), 76.854 acres, J. M. Barrera survey, A-69,
(City of College Station ETJ) Brazos County, Texas. Site is located in Precinct 1.
13. Final Plat of Saddle Creek Subdivision Phase 2, 17.630 acres, James CV. Stuteville
League, A-216, (City of College Station ETJ) Brazos County, Texas. Site is located in
Precinct 1.
14. Final Plat of Saddle Creek Subdivision Phase 7A, 17.770 acres (6 lots), and a Final Plat
of Saddle Creek Subdivision Phase 1, 4.230 acres (Lots 70R & 72R), being a Replat of
Saddle Creek Subdivision Phase 1, 4.230 acres (Lots 70, 71 & 72) James C. Stuteville
League, A-216, (City of College Station ETJ) Brazos County, Texas. Site is located in
Precinct 1.
15. Request from Verizon Communications to construct an 80 ft. road bore and
approximately 310 ft. of buried cable installations in the right of way of Merka Road
(beginning at its intersection with FM 1179). Site is located in Precinct 2.
16. Payment Authorization in the amount of $209.88 to The Ground Crew for repairs to the
system irrigation at the County Administration Building. The invoice amount exceeded
the amount of the Purchase Order.
17. Payment Authorization in the amount of $258.75 to the LaSalle Hotel for hotel
accommodations made for a visiting judge in County Court at Law Q.
18. Announcement of interest items and possible future agenda topics.
19. Call for citizen input and/or concerns.
20. Agency / Board / Committee reports by Court members.
21. Adjourn
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102.
[io a3S
COMMISSIONERS' COURT
REGULAR MEETING
JULY 29, 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 29, 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, Absent;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
The County Judge 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 to reuse
a portion of the funds allocated for the courthouse renovation
to fund the remodeling of the Juvenile Services portable
building. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the request to use the funds for the remodeling of the
Vol 110 Page 93~
Commissioners Court meeting July 29, 2008
Juvenile Services portable building.
2
The Court next considered Budget Amendment #07/08-39.1
through 39.8 that would transfer funds from the Jail Expansion
fund to the Capital Improvement fund; transfer funds from the
Time payment fund to the General Fund; transfer funds from
Contingency to Court Costs; and reallocate funds for the 361St
District Court, Capital Improvement Fund, Juvenile Services
Academy, Commissioners Court, Juvenile Services, Title IV-E.
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the budget as
submitted. A copy is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, 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:
7052265 through 7052492
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the Claims as
submitted.
Vol 110 Page 940.
Commissioners Court meeting July 29, 2008 3
The next matter before the Court was consideration of an
agreement with DeLucia Mail Service for the purchase of mail
operation services. DeLucia Mail Service will provide services
to facilitate U.S. mail processing for Brazos County
governmental offices. The term of the contract is for one
year, beginning on August 1, 2008 and ending on July 31, 2009.
The cost to Brazos County will be 12 percent of the total
postage used on Brazos County mail as measured by the amounts
recorded on the Pitney Bowes mail meter used by DeLucia for
Brazos County mail only. On motion by Commissioner Peters,
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.
The Court next considered a request from the Information
Technology Department to approve expenditures of DDEA funds
for the purchase of 12 printers that would otherwise be
requested in the FY 2008-2009 budget. On motion by the County
Judge, seconded by Commissioner Cauley, the Court voted
unanimously to approve the request. Eric Caldwell, Director
of the department noted that this will require a budget
amendment to correct the account.
Vol Ho o Page 4
Commissioners Court meeting July 29, 2008 4
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. Johnny Johnson, over payment $10.02
b. Janice Corgey Lowe, over payment $65.00
c. Jan Properties Trust & Bryan Nunn Trustee, over
payment $878.82
d. Adaline Rosson, over payment $5.27
e. Ribert D. & Shirley Wineman, over payment $303.02
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the tax
refund applications.
The next matter for consideration by the Court was a
request submitted by the County Extension Agent for approval
for out of state travel for Brandon S. Gregson to attend the
2008 National Association of Extension 4-H Agents Annual
Conference in Indianapolis, Indiana on September 15-18, 2008.
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to grant the request from
the County Extension Agent and approved payment of out of
state travel expense for Mr. Brandon S. Gregson.
The next matter before the Court was consideration of a
Copier Lease Agreement for the 361St District Court. The
copier for the department was ruined by a leak from the 4th
floor. The lease agreement is for 60 months and will cost the
County $228.43 per month. On motion by Commissioner Peters,
Vol [ I 0 Page )-+a
Commissioners Court meeting July 29, 2008 5
seconded by Commissioner Cauley, the Court voted unanimously
to approve the Copier Lease Agreement and authorized the
County Judge to execute the document. A copy is attached.
The Court next considered approval of the Final Plat of
Indian Lakes Phase Eleven (XI) 76.854 Acres in Precinct 1.
Richard Vance, County Engineer, stated that he had reviewed
the plat and all appeared to be in order. On motion by
Commissioner Wassermann, seconded by Commissioner Peters, the
Court voted unanimously to approve the final plat of the
Indian Lakes Phase Eleven (XI) 76.854 Acres as submitted.
The Court next considered approval of the Final Plat of
Saddle Creek Subdivision Phase 2, 17.630 Acres in Precinct 1.
Richard Vance, County Engineer, stated that he had reviewed
the plat and all appeared to be in order. On motion by
Commissioner Wassermann, seconded by Commissioner Cauley, the
Court voted unanimously to approve the final plat of Saddle
Creek Subdivision Phase 2, 17.630 Acres as submitted.
The Court next considered approval of the Final Plat of
Saddle Creek Subdivision Phase 7A, 17.770 Acres (6 Lots) and a
Final Plat of Saddle Creek Subdivision Phase 1, 4.230 Acres
(Lots 70R & 72R) being a re-plat of Saddle Creek Subdivision
Phase 1, 4.230 Acres, Lots 70,71&72 in Precinct 1. Richard
Vance, County Engineer, stated that he had reviewed the plat
Vol HO Page 943
Commissioners Court meeting July 29, 2008 6
and all appeared to be in order. On motion by Commissioner
Wassermann, seconded by Commissioner Cauley, the Court voted
unanimously to approve the final plat of Saddle Creek
Subdivision Phase 7A, 17.770 Acres (6 Lots) and a Final Plat
of Saddle Creek Subdivision Phase 1, 4.230 Acres (Lots 70R &
72R) being a re-plat of Saddle Creek Subdivision Phase 1,
4.230 Acres, Lots 70,71&72 as submitted.
The Court next considered the request from Verizon
Communications to construct an 80 foot road bore and
approximately 310 feet of buried cable installations in the
right-of-way of Merka Road beginning at its intersection with
FM 1179. The site is located in Precinct 2. The County
Engineer stated that all appeared to be in order and
recommended approval. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, 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 ofa
payment authorizationin the amount of $209.88 to The Ground
Crew for repairs to the irrigation system at the County
Administration Building. The amount exceeded the balance on
Vol t [ 0 Page a++.
Commissioners Court meeting July 29, 2008 7
the purchase order. On motion by the County Judge, seconded
by Commissioner Peters, the Court voted unanimously to approve
the payment authorization.
The Court next considered a payment authorization in the
amount of $258.75 to the LaSalle Hotel for accommodations made
for a visiting judge in County Court at Law #2. The visiting
judge decided at the last minute that he wanted a room
reserved. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the payment authorization.
There were no announcements of interest items and
possible future agenda topics.
Under citizen input and/or concerns, the following
spoke:
Sheriff Chris Kirk
a) There were 535 inmates in jail, 89 people
are on electronic monitoring, and 41 are
pending for monitoring.
There were no Agency/Board/Committee reports by Court
members.
There being no further business to come before the Court,
the meeting was adjourned.
Vol 110 Page a+5.
The foregoing minutes of the Commissioners Court meeting held
July 29, 2008 have been examined and are approved in open
Court this the day of 2008, in Bryan,
Brazos Cpjxnty/ liexas . ~j
Randy Sims Lloyd assermann
County Ju ge Commissioner, Precinct 1
Duane Peters Kenny Mall
Commissioner, Precinct 2 Commissioner, Precinct 3
92.4 4,611'.
arey C uley, Jr.
Commis inner, Precin 4
Attest:
aren McQueen
County Clerk
Vol (10 Paged
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BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON `T 2008 AT Name (PLEASE PRINT) Organization/Department
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR
NO. 07/08-39.1 thru 07/08-39.8
On this the 29`h 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 29 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 29`s 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
lit)
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 39.1
wiamnna
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
4308
91110000
DR
Transfer to Capital Improvement Fund
620,619.43
4308
63430800
80130000
DR
Building - Sheriff Jail
620,619.43
4500
49027000
CR
Transfer from Jail Expansion 2007
620,619.43
4500
63000500
61130000
DR
Contingency
620,619.43
Jail Expansion 2007:
The expenditure incurred on Jail Expansion Project was aid out of Capital Improvement Fund before the bond
election was approved. According to the Resolution Declaring Intention to Reimbursement Certain Expenditures
with Borrowing Proceeds, which was approved b the Commissioners' Court on 6/19/2007, the Capital Improvement
Fund is enti
tled to the reimbursement from the bond proceeds for the 'ail expansion expenditure made out of this fund.
(0 Mn
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 39.2
7tgwgnnR
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
41040100
CR
Time Payment Fees -District Clerk
4,000.00
0100
41047000
CR
Time Payment Fees - JP Pct. 1
425.00
0100
41047100
CR
Time Payment Fees - JP Pct. 2-1
200.00
0100
41047200
CR
Time Payment Fees - JP Pct. 2-2
200.00
0100
41047300
CR
Time Payment Fees - JP Pct. 3
750.00
0100
41047400
CR
Time Payment Fees - JP Pct. 4
100.00
0100
45010000
CR
Interest - Accounts
350.00
0100
11001500
61130000
DR
Contingency
6,025.00
2100
41040000
DR
Fees - District Clerk
4,000.00
2100
41048000
DR
Fees - JP Pct. 1
425.00
2100
41048100
DR
Fees - JP Pct. 2-1
200.00
2100
41048200
DR
Fees - JP Pct. 2-2
200.00
2100
41048300
DR
Fees - JP Pct. 3
750.00
2100
41048400
DR
Fees - JP Pct. 4
100.00
2100
45010000
DR
Interest - Accounts
350.00
2100
11021000
61130000
CR
Contingency
6,025.00
2100
91300000
DR
Transfer to General Fund
936.09
2100
47010000
CR
Reserve Fund Balance
936.09
0100
49056100
CR
Transfer from Time Payment Fund
936.09
0100
11001500
61130000
DR
Contingency
936.09
Time Payment Fund:
According to Local Government Code 133.103, 10% of the time payment fees collected b the JP Courts and the
District Courts should be deposited in the General Fund of the County for the purpose of improving the efficiency
of the administration of justice in the coup
This budget amendment is to close out the Time Payment Fund and transfer its budget and residual fund balance to
General Fund.
Prepared By:
Date- 7/2312008
D
►va l
' Date
County Ju`.. a Approval Date
00 a50
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 39.3
7/29/2008
FUND DIV ACCT PROJ CR ACCOUNT NAME Increase Decrease
0100 22200100 59100000 !!CR:::[jD:D::EA 550.00
0100 22200100 71500000 DR Rental - Equipment 550.00
361st District Court
To reallocate funds for the lease of a copier for the remainder of fiscal year. The current co ier was not functioning and was
ruined due to a ceiling water leak.
110 15/
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 39.4
7mamnnQ
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
4500
63000500
61130000
CR
Contingency
21,728.37
4500
63000500
80101003
DR
Building Renov. - Courthouse
112,171.63
4500
63000500
80101002
DR
Building Renov- Portable Buildings
133,900.00
Capital Improvement Fund
To reallocate funds to provide funding for the remodeli
ng of the temporary buildings at Juvenile Services. This project
was approved b Commissioner's Court on Jul 22, 2008, agenda items # 10.
The $21,728.37 are funds appropriated for Juvenile to use for the remodel of the tem ora bui
ldings.
The remodel in this fiscal year is to allow for the remodel to be completed in time
for the start of the school year in the fall o
f 2008.
L~ "0
epartmgn pproval te-
Prepared By L ifj
Date `7/2312008- i
County Jud Appro l Date
(10 96A
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07108 - 39.5
7/29/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
11001500
61130000
CR
Contingency
15,000.00
0100
11010000
72660000
DR
Psychiatric Services
15,000.00
Court Costs
To reallocate funds to allow for the payment of additional psychiatric services for the remainder of fiscal year. I- I
De
Prepared`By'ifj
Date 7/23/20081
7-3 Lj
Date
County Jud Approval "
Date,
116 353
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 39.6
7/29/2008
FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease
0100 31000300 61530000 CR Psychological Test Supply 500.00
0100 31000300 60600000 CR Office Supplies 100.00
0100 31000300 67670000 DR Printers 600.00
Juvenile Services: Academy
To reallocate funds to allow for the purchase of a printer.
i1a a5~
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 39.7
7/29/2008
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11000100 59100000 CR DDEA 696.50
0100 11000100 67050000 DR Appliances 696.50
Commissioners Court:
To reallocate funds to allow for the purchase of a refs erator.
110 o.~5
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 07/08 - 39.8
7/29/2008
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
310500001
604900001
1
CR
Juvenile Supplies
900.00
0100
31050000
1807200001
1
DR
Securi S stem
900.00
Juvenile Services: Title IV-E:
To reallocate funds to provide monies for the purchase of two additional cameras.
iio a%
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: July 29, 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
Juvenile Services
Raoelina, Yves Resignation
Hernandez, Charles New Hire
Tax Office
Approved in Commissioners' Court:
County Judge's or Commissioner's S
(This Copy to be attached to minutes;
Zavala, Daniel
110 J,97
New Hire
MAIL SERVICE AGREEMENT
This contract is between Brazos County, Texas, hereinafter "County", and
DeLucia Mail Service, hereinafter "DeLucia", for the purchase of mail operation
services, as further described herein.
1. TERM
This Contract is for a term of one (1) year, beginning on August 1, 2008
and ending on July 31, 2009.
The County may, at its option and with the agreement of DeLucia, extend
the period of this Contract for additional one (1) year terms. The County shall
notify DeLucia in writing of its intent to extend the Contract period at least thirty
(30) calendar days prior to the expiration of the original contract period, or any
additional term thereafter.
2. PAYMENT
As consideration for performance of the duties described herein, County
shall pay DeLucia 12% of the total postage used on Brazos County mail as
measured by the amounts recorded on the Pitney Bowes mail meter used by
DeLucia for Brazos County mail only.
Payment under this Contract shall be made in the manner provided by law.
Invoices shall be prepared and submitted in accordance with the instructions
provided on the purchase order. Invoices shall contain the following information:
contract number, purchase order number, description of services, quantities, unit
prices, and extended totals.
3. INDEPENDENT CONTRACTOR
DeLucia shall perform all duties stated in the Agreed Scope of Work,
Exhibit "A", attached hereto and incorporated herein. DeLucia shall perform
services at the location(s) and time(s) stated in Exhibit "A", or in the purchase
order requesting such services. DeLucia shall be acting as an independent
contractor and not as an employee of the County. As an independent contractor,
DeLucia shall have no authority, express or implied, to commit or obligate the
County in any manner whatsoever.
4. GENERAL PROVISIONS
DeLucia shall operate in accordance with all applicable federal and state
regulations. DeLucia shall provide remediation as required.
06 d5`ff
DeLucia shall provide a secure location for document storage if such
becomes necessary.
DeLucia shall follow all U.S. Postal regulations and comply with the most
current edition of the United States Postal Service Domestic Mail Manual.
DeLucia shall provide its services, as well as reasonably related services, in
accordance with all applicable professional standards of an independent contractor
providing mailing services. DeLucia represents and warrants that it has the
requisite qualifications, experience, personnel and other resources to perform
mailing services as required by this contract. DeLucia shall assign only qualified
personnel to perform the services contemplated by this contract. DeLucia, in its
reasonable discretion, reserves the right to substitute appropriate key personnel to
accomplish its duties so long as the substituted personnel are equally qualified and
skilled in the tasks necessary to accomplish the tasks and services required.
The Brazos County Purchasing Department will serve as the point of
contact between Brazos County and DeLucia. The Purchasing Department shall
supervise any review of DeLucia's technical work, deliverables, payment requests,
schedules, and similar matters. The Purchasing Department does not have any
express or implied authority to vary the terms of the contract, amend the contract
in any way or waive strict performance of the terms or conditions of the contract.
5. INSURANCE / INDEMNIFICATION
Brazos. County shall not be required to purchase any insurance against loss
or damage to any personal property to which this contract relates, nor shall this
contract require the County to establish a self-insurance fund to protect against any
such loss or damage. Subject to the provisions of the Texas Tort Claims Act,
DeLucia shall bear the risk of any loss or damage to any personal property in
which DeLucia holds title.
To the fullest extent permitted by law, DeLucia shall defend, indemnify,
and hold harmless the County, its agents, representatives, officers, directors,
officials, and employees from and against all claims, damages, losses, and
expenses, including but not limited to reasonable attorney fees and costs, relating
to this contract and caused by the negligence or willful misconduct of DeLucia.
The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this paragraph.
DeLucia, at DeLucia's own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the
State of Texas and possessing a current A.M. Best, Inc. rating of A+.
DeLucia shall annually provide to the County a certificate of insurance
evidencing insurance coverage in types and amounts as provided herein. The
County shall not be obligated, however, to review such policies and/or
endorsements or to advise DeLucia of any deficiencies in such policies and
endorsements, and such receipt shall not relieve DeLucia from, or be deemed a
waiver of the County's right to insist on strict fulfillment of DeLucia's obligations
under this Contract.
All insurance required herein shall be maintained in full force and effect
until all work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of the County, constitute a material breach of this contract.
DeLucia's insurance shall be primary insurance as respects the County, and
any insurance or self-insurance maintained by the County shall not contribute
thereto.
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect the County.
The insurance policies may provide coverage which contains deductibles.
Such deductibles shall not be applicable with respect to the coverage provided to
the County under such policies. DeLucia shall be solely responsible for the
deductible.
The policies required hereunder shall contain a waiver of transfer of rights
of recovery (subrogation) against the County, its agents, representative, officers,
directors, officials and employees for any claims arising out of DeLucia's work or
service.
Commercial General Liability. DeLucia shall maintain Commercial
General Liability Insurance (CGL) and, if necessary, Commercial Umbrella
Insurance with a limit of not less than $1,000,000 for each occurrence with a
$2,000,000 Products / Completed Operations Aggregate and a $2,000,000 General
Aggregate Limit. The policy shall include coverage for bodily injury, broad form
property damage, personal injury, products and completed operations and blanket
contractual coverage including, but not limited to, the liability assumed under the
indemnification provisions of the contract.
3 of 9
The policy shall contain a severability of interest provision and shall not
contain a sunset provision or commutation clause, or any provision which would
serve to limit third party action over claims.
Automobile Liability. DeLucia shall maintain Automobile Liability
Insurance and, if necessary, commercial umbrella insurance with a combined
single limit for bodily injury and property damage of no less than $350,000, each
occurrence, with respect to DeLucia's vehicles (including owned, hired, non-
owned) assigned to or used in the performance of this Contract.
DeLucia waives all rights against the County and its agents, officers,
directors and employees for recovery of damages to the extent these damages are
covered by the commercial umbrella liability insurance obtained by DeLucia
pursuant to this agreement.
6. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION
If sufficient funds are not appropriated to continue the function performed
in this agreement and for the payment of the charges hereunder, the County may
terminate this agreement at the end of its current fiscal year. The County agrees to
give written notice of termination to DeLucia at least 30 days prior to the end of its
current fiscal year. The County will pay to DeLucia all regular contractual
payments incurred through the end of its current fiscal year. The termination of
the contract pursuant to this paragraph shall not cause any penalty to be charged to
the County or to DeLucia.
7. RESPONSIBILITY FOR TAXES
The County shall not be responsible for, nor indemnify DeLucia for any
federal, state, or local taxes which may be imposed or levied upon the subject
matter of this contract.
8. TERMS HEREIN CONTROLLING PROVISIONS
It is expressly agreed that the terms of each and every provision in this
contract shall prevail and control over the terms of any other conflicting provision
in any other document relating to and any part of the contract in which the
attachment is incorporated.
9. SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent
omission from it of a detailed description concerning any point, shall be regarded-
4 I`oof9
Ito Ai
as meaning that only the best commercial practice is to prevail and that only
material and workmanship of the finest quality are to be used. All interpretations
of specifications shall be made on the basis of this statement.
10. ESCALATION
Any requests for reasonable price adjustments must be submitted thirty (30)
days prior to the contract anniversary date.
11. TERMINATION
The County may terminate this contract if DeLucia fails to perform or
observe any other material term or condition of the contract, and such failure
continues for more than ten (10) days after receipt of written notice of such failure
from the County or if DeLucia becomes insolvent.
12. OFFSET FOR DAMAGES
In addition to all other remedies at law or equity, the County may offset
from any money due to DeLucia any amounts DeLucia owes to the County for
damages resulting from breach or deficiencies in performance under this contract.
13. SUBCONTRACTING
DeLucia may not assign this contract or subcontract to another party for
performance of the terms and conditions hereof without the written consent of the
County, which consent shall not be unreasonably withheld.
14. AMENDMENTS
All amendments to this contract must be in writing and signed by both
parties.
15. RETENTION OF RECORDS
DeLucia agrees to retain all financial books, records, and other documents
relevant to this contract for five (5) years after final payment or until after the
resolution of any audit questions which could be more than five (5) years,
whichever is longer.
If DeLucia's books, records, and other documents relevant to this contract
are not sufficient to support and document that requested services were provided,
5 of 9
I a ato a
DeLucia shall reimburse the County for the services not adequately supported and
documented.
16. RIGHT TO INSPECT AND AUDIT
The County reserves the right to inspect the use of Pitney Bowes meter at
DeLucia's place of business and to inspect DeLucia's records of mail metered for
the County. DeLucia agrees to allow the county to inspect its premises and
operations, including without prior notice the operation of the Pitney Bowes meter
and the records related to postal usage for Brazos County mail.
17. SEVERABILITY
If any term or provision of this contract is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions
of this agreement shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated.
18. NOTICES
Notices provided hereunder must be in writing to be effective, and shall be
deemed received upon the earlier to occur of (a) actual receipt; or (b) three days
after the same are mailed by U.S. certified or registered mail, postage prepaid and
return receipt requested, to the following address, or to such other address as shall
have been provided by notice:
If to DeLucia: DeLucia Mailing Service
2021 S. Texas Avenue
Bryan, Texas 77802
If to the County: Brazos County
Brazos County Auditor
200 S. Texas Avenue, Suite 218
Bryan, Texas 77803
19. GOVERNING LAW
This contract shall be governed by the laws of the State of Texas and
applicable federal law and shall be fully performable and enforceable in Texas.
l I T1 6 of .9 'l
20. NUMBER OF ORIGINALS
This Contract may be executed in multiple copies, each of which shall be
considered a true and original copy of this contract.
THIS CONTRACT is made and entered into this 447' ~~j ~i`)c~V by
and between DeLucia Mail Service and Brazos County.
DeLucia Mail Servic '
Scott DeLu a
ATTEST:
Witness
APPROVED AS TO FORM:
4k" -2)~-
Ju ' K. Magness
Assistant County Attorney
)1b
TTEST:
e
Karen McQueen, Braz County Clerk
7 of 9
auk
EXHIBIT A
AGREED SCOPE OF WORK
INTENT
The intent of this contract is to provide services to facilitate U.S. mail processing
and other ancillary mail duties for the Brazos County governmental offices located at the
Brazos County Administration Building and the Brazos County Tax Office. DeLucia is
an independent contractor and shall be responsible to provide all tools, implements,
personnel, supervision, labor, supplies, equipment, vehicles, and all effort necessary to
carry out the services as required for this operation except that Brazos County will
provide the Pitney Bowes postage meter used to apply postage on the County's mail.
DeLucia will affix postage to the mail that he picks up from the Brazos County
offices located at 200 S. Texas Ave. (Brazos County Administration building) and 300 E.
Wm. J. Bryan Pkwy (Brazos County Tax Office).
SCOPE OF SERVICES / TECHNICAL REQUIREMENTS
DeLucia will pick up Brazos County's outgoing mail each Monday through Friday
(exclusive of Federal and county holidays) between 2:00 p.m. and 2:30 p.m. at two (2)
Brazos County locations, to-wit, the Brazos County Administration Building at 200 S.
Texas Ave., Bryan, Texas, and the Brazos County Tax Office at 300 E. Wm. J. Bryan
Pkwy, Bryan, Texas.
When required by special circumstances, DeLucia agrees to accept Brazos
County's outgoing mail at DeLucia's location at 2021 S. Texas Avenue, Bryan, Texas
when delivered there by Brazos County prior to 4:00 p.m. Outgoing snail delivered to
DeLucia prior to 4:00 p.m. will be affixed with postage that same day and delivered to
the main Bryan U. S. Post Office for mailing.
DeLucia will sort, weigh and affix first class postage to all mail the same day it is
picked up from Brazos County.
DeLucia will deliver by courier to Gulf Coast Presort, Inc., Houston, Texas, all
first class mail weighing two (2) ounces or less which can be bar-coded. Gulf Coast
Presort, Inc. will bar-code and deliver the mail to the United States Post Office in
Houston, Texas.
DeLucia will use the Pitney Bowes meter which bears identification number
0020831 and is leased to Brazos County. He will use the bulk mail permit number issued
to Brazos County by the United States Postal Service.
rID8of9 a~~
De Lucia will take all mail that is not suitable for bar-coding, to-wit items
weighing more than two (2) ounces, or of a non-standard size, or larger than a #10
envelope to the Bryan Main United States Post Office at 2121 E. Wm. J. Bryan Pkwy,
Bryan, Texas for mailing on the same day that it is picked up from Brazos County.
DeLucia will provide a monthly report showing the number of pieces of mail
processed each day, the number of pieces processed for bar-coding and the total amount
of postage cost registered by the Pitney Bowes postage meter for the Brazos County mail.
Subsequent filling of the meter will be handled as follows: DeLucia shall be
responsible for submitting a memorandum to the Brazos County Purchasing Agent at
least 30 (thirty) days prior to the projected completed consumption of the postage on the
postage meter or when the meter registers less than $7,500.00 in postage. DeLucia shall
be responsible for monitoring postage usage and for making a timely request for
additional postage. Brazos County will be responsible for adding postage amounts to the
Pitney Bowes meter.
9 f9
Lease Agreement
BVOS* Brazos Valley Office Solutions
b 1
roe suitsritvlct: Agreement No. Li N n
LESSEE (hereinafter referred to as "You" or "Your")
Full Legal Name
Brazos County 361st District Court
Address City State Zip County
300 E. 26th St., Suite 309 Bryan TX 77803 Brazos
LESSOR EQUIPMENT LOCATION if otherthan above)
Solutions I Same
TERMS AND CONDITIONS • PLEASE READ CAREFULLY BEFORE SIGNING
DESCRIPTION OF EQUIPMENT LEASED - ❑ See attached schedule for additional equip
Make. Model Number and Included accessories Se
I 1 I CS-5050 Cosier/Printer/Scanner with Dual Scan Document Processor, 3000-Sheet Finisher, I I
Hole
60 MONTHLY RENTAL PAYMENTS OF $ 228.43
plus tax SECURITY DEPOSIT $ 0
PURCHASE OPTION: (CHECK ONE) m FAIR MARKET VALUE ❑ $1.00
("Lease") will begin on the date the Equipment is delivered to You (or
any later date We designate). We may charge You a reasonable fee
to cover documentation and investigation costs. This Lease is NOW
CANCELABLE FOR THE ENTIRE LEASE TERM. YOU
UNDERSTAND WE ARE ACQUIRING THE EQUIPMENT BASED
ON YOUR UNCONDITIONAL ACCEPTANCE OF IT AND YOUR
PROMISE TO PAY US UNDER THE TERMS OF THIS LEASE,
WITHOUT SET-OFFS, EVEN IF THE EQUIPMENT DOES NOT
WORK OR IS DAMAGED FOR ANY REASON, INCLUDING
REASONS THAT ARE NOT YOUR FAULT. If any amount payable
to Us is not paid when due, You will pay Us a late charge equal to: 1)
the greater of ten (10) cents for each dollar overdue or twenty-six
($26.00) dollars; or 2) the highest lawful charge; whichever is less.
NO WARRANTY: You are leasing the Equipment AS IS, unless We
have provided a separate written warranty. We did not manufacture
it You chose the Equipment based on Your judgment You may
contact Us for a statement of the warranties, if any, that the
manufacturer is providing. We hereby assign to You any warranties
given to Us. Except for any separate written warranty you receive
from Us, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
EQUIPMENT USE AND REPAIR: The Equipment shall be used for
business purposes only and the risk of noncompliance with any
applicable laws Is Yours. You shall keep the Equipment in good
working order and not move it without Our written acknowledgment
Except for normal wear and tear, You are responsible for any
damage or loss to the Equipment. We are not responsible for, and
You will indemnify Us against, any claims, losses or damages,
including attorney's fees, in any way relating to or connected with a
defect in, or the use, possession or existence of, the Equipment IN
NO EVENT SHALL WE BE RESPONSIBLE FOR ANY
CONSEQUENTIAL OR INDIRECT DAMAGES.
END OF TERM: If You fail to 1) return the Equipment to Us in
average saleable condition ("ASC") to a bcation specified by Us at
the end of the Lease term (or any renewal term); 2) timely pay the
purchase option; or 3) provide Us written notice at least 60 days
before the expiration of the term or renewal term, then this Lease will
renew on the same terms on a monthly basis. 'ASC' means the
Equipment is immediately available for use by another without need
of repair. You will reimburse Us for repair costs. If You are rat in
default at the end of the Lease term, You may purchase the
Equipment from Us "WHERE IS, AS IS" for the option price
indicated above- if anv. and Your security deooslt fwhich may be
commingled with Our other assets) will be refunded without
interest You may not pay off this Lease prior to the end of the
Lease term without Our consent and We may charge You, in
addition to the other amounts owed, an early termination fee
equal to five percent (5%) of the amount We paid for the
Equipment
OWNERSHIPISECURITY INTEREST: If a $1 purchase option
applies above, then You are the owner of the Equipment and
You hereby grant Us a security interest in it to secure Your
performance of this Lease. If the $1 option does not apply, then
We own the Equipment. We may file a UCC financing
statement to show Our interest hereunder.
SOFTWARE: Except as provided in this paragraph, all
references to "Equipment" include any software. We do not
own the software. We are not responsible for the software or
the obligations owed by either You or the licensor under any
license agreement If You exercise a purchase option on the
Equipment, You understand We cannot transfer the software to
You.
INSURANCE: You agree: (a) to keep the Equipment fully
insured against loss at its replacement cost, with Us named as
loss payee; (b) to maintain comprehensive public liability
insurance acceptable to Us; (c) to provide proof of insurance
satisfactory to Us no later than thirty (30) days folk)Wng the
commencement of this Lease, and thereafter upon Our written
request (d) if You fail to obtain and maintain property loss
insurance satisfactory to Us and/or You fail to provide proof of
such insurance to Us within thirty (30) days of the
commencement of the Lease, We have the option, but not the
obligation, to secure property loss insurance on the Equipment
from a carder of Our choosing in such fortes and amounts as
We deem reasonable to protect Our interests; (e) if We place
insurance on the Equipment, We will not name You as an
insured and Your interests may not be fully protected; (f) I We
secure insurance on the Equipment, You will pay Us an
amount for the premium which may be higher than the
premium that You would pay if You placed the insurance
independently and may result in a profit to Us through an
investment in reinsurance. Any insurance proceeds received
will be applied, at Our option, (i) to repair, restore or replace the
Equipment, or (ii) to pay Us the remaining balance of the Lease
plus Our estimated residual value, both discounted at 6% per
year.
TAXES: You will pay when due all taxes and fees relating
❑ OTHER of equipment cost)
option, You agree (except in OR, CO or CT) to file any required
personal property tax returns. Sales or use tax due up front will be
billed monthly, plus a finance charge.
DEFAULT: If You do not pay any sum by its due date, or You
breach any other term of this Lease or any other agreement with
Us, You will be in default. If You default, We may require that
You: 1) pay all past due amounts under this Lease, 2) all future
amounts owed for the unexpired term, plus Our booked residual,
discounted at the rate of 6% per annum, and 3) return the
Equipment to Us. We may also use any and all remedies available
to Us under the UCC or any other law, including the right to
repossess the Equipment. You agree to pay all costs and
expenses, including attorneys fees, We incur in any dispute
related to this Lease. You also agree to pay interest on all past
due amounts, from the due date until paid, at the lower of one and
one-half percent (1.5%) per month or the highest lawful rate.
ASSIGNMENT: You have no right to sell, assign or sublease the
Equipment or this Lease. WE MAY SELL OR ASSIGN THIS
LEASE OR OUR RIGHTS IN THE EQUIPMENT, IN WHOLE OR
IN PART, TO A THIRD PARTY WITHOUT NOTICE TO YOU.
YOU AGREE THAT IF WE SELL OR ASSIGN AN INTEREST IN
THIS LEASE, THE ASSIGNEE WILL HAVE OUR RIGHTS, BUT
WILL NOT HAVE OUR OBLIGATIONS AND WILL NOT BE
SUBJECT TO ANY CLAIM, DEFENSE OR SET-OFF THAT
YOU COULD ASSERT AGAINST US OR ANY OTHER PARTY.
WAIVER I ARTICLE 2A RIGHTS: You agree that this Lease, in
the hands of Our assignee, will be considered a "finance lease" as
that term is defined in Article 2A of the UCC and You hereby
waive any and all rights and remedies granted to You by Sections
2A-508 through 2A-522 of the UCC.
MISCELLANEOUS: You agree that this Lease is the entire
agreement between You and Us and supersedes any purchase
order. Any change must be in a writing signed by each party.
The original of this Lease shall be that copy which bears a
facsimile or original of Your signature and which bears Our
original signature. IF THIS LEASE IS ASSIGNED, YOU AGREE
THAT ANY DISPUTE ARISING UNDER OR RELATED TO
THIS LEASE WILL BE ADJUDICATED IN THE FEDERAL OR
STATE COURT WHERE THE ASSIGNEE'S CORPORATE
HEAD-QUARTERS IS LOCATED AND WILL BE GOVERNED
BY THE LAW OF THAT STATE. YOU HEREBY CONSENT TO
PERSONAL JURISDICTION AND VENUE IN THAT COURT
AND WAIVE ANY RIGHT TO TRANSFER VENUE. EACH
PARTY-WAIVES,ANY RIGHT TO A TRIAL BY JURY.
THIS LEASE IS NOT BINDING ON US UNTIL WE SIGN BELOW. THIS LEAS XON"C C EZABLWOR THE FUL LEASE TERM.
LESSOR: (As Stated Above) LESSEE lid fated v b gdersigned auth rized representative )
By: Date Accepted: X Date:
(Signature) (Signatur
Print Name 8 Title: Print Name 8 T_itl
UNCONDITIONAL GUARANTY
The undersigned, jointly and severally if more than one, unconditionally guarantee(s) that the Lessee will timely perform all obligations under this Lease. The undersigned also waive(s) any
notification if the Lessee is in default and consent(s) to any extensions or modifications granted to the Lessee. In the event of default, the undersigned will immediately pay all sums due under
the terms of this Lease without requiring Lessor to proceed against Lessee, any other party or the Equipment. The undersigned consents to personal jurisdiction, venue, choice of law and jury
trial waiver as stated in the "Miscellaneous" paragraph above and agrees to pay all costs and expenses, including attorney's fees, incurred by Lessor related to this guaranty and the Lease.
Individually
Individually
220
P0101S_0407 to )67
Non-Appropriation of Funds Addendum
This is an addendum ("Addendum") to and part of that certain agreement between
(LESSOR/RENTOR/OWNER) Brzc,Xo5 VO_Hccj U ~'F'C_,f_ !30 1y{b'on5 ("Owner")
and (LESSEE,RENTEE,CUSTOMER) B r-a -l-yS Coffin !~y 3Lo I ~ i sfY ~ ~ ~ Ca u
("Customer"), which agreement is identified in Owner's records as agreement number
c,/ `72 hag ("Agreement"). All capitalized terms used in this Addendum
which are not defined herein shall have the meanings given to such terms in the Agreement.
You hereby represent and warrant to Us that as of the date of the Agreement, and throughout
the Agreement Term: (a) the individual who executed the Agreement had at the time of execution of
the Agreement full power and authority to execute the Agreement; and that all required procedures
necessary to make the Agreement a legal and binding obligation of the Customer have been followed;
(b) the Equipment is essential to the immediate performance of an authorized governmental or
proprietary function and shall be used during the Agreement Term only by You and only to perform
such function; (c) that all payments due and payable for the current fiscal year are within the current
budget and are within an available, unexhausted and unencumbered appropriation.
In the event You are not.granted funds in future fiscal years for the Equipment subject to the
Agreement or for equipment which is functionally similar to the Equipment and operating funds are not
otherwise available to You to pay the rent and other payments due under the Agreement, and there is
no other legal procedure or available funds by or with which payments can be made to Us, and the
appropriation did not result from an act or omission by You, You shall have the right to return the
Equipment in accordance with the terms of the Agreement and terminate the Agreement on the last day
of the fiscal period for which appropriations were received. At least thirty (30) days prior to the end of
Your fiscal year, Your legal counsel shall certify in writing that (a) funds have not been appropriated for
the next fiscal year; (b) such non-appropriation did not result from any act or failure to act by You; and
(c) You have exhausted all funds legally available for payment of rent.
(LESSOR/RENTOR/OWNER) B V 05)
Owner
Signature
Print Name & Title
Date Accepted:
y
P07NA_1207
Date `f 1 ~~t
BVGS*
Brazos Valley Office Solutions
FM STAN WMCE
Bill To:
Brazos County 361St District Court
P.O. Box 914 Beginning Meter Reading
Phone Number 979-361-4380
Bryan, TX Zip 77803 Fax Number 979-361-4385
Attention: Megan Conkel E-mail: mconkelAco.brazos.tx.us
Equipment Location/Directions: 300 E. 26' St.,Suite 309
(Physical Address)
Bryan, TX Zip 77803
Maintenance Agreement
Effective Date: Upon Installation
Phone Number
Model
Serial #
Total Copies
Copystar CS-5050
Monochrome
Copier/Network
Printer/Color Scanner
with 2 500-sheet paper
drawers, 3000-sheet
finisher with stapler, 2-3
hole punch surge
protector, copier stand,
delivery & set-up
2,084/month
Monthly Total Maintenance:
Overage Charges:
979-361-4380
Price
$ 45/month
$ 45
$ 0.0085
This agreement includes: Travel delivery, labor, parts developer, toner & drum (excludes
a er
r Software Rider: The Software Rider will provide free installation of print/scan drivers on any
new computer added after the initial installation of equipment. It will also include re-installation
of drivers due to new computer upgrades and software changes. For this service we will adjust
your maint- ance $ per-sex tlh. If you elect not to choose the software rider and require
software mst ons i e future yo will be billed at $100 per hour.
Signature Date
BVOS Authorized Signature Date
Note: All prices subject to applicable tax
110 a&y
BVGS*
Brazos Valley Office Solutions
Maintenance Agreement (Page Two)
This Maintenance Agreement applies only to the equipment and customer on the front side of
this document.
The term "Maintenance Agreement" as used herein includes any further amendments,
modifications or supplements made hereto. Customer acknowledges that he or she has read this
Maintenance Agreement and understands it and agrees to be bound by its terms and conditions.
This Maintenance Agreement covers service calls, Monday through Friday, 8:00 a.m. to 5:00
p.m. excluding holidays.
Your copier/fax/printer is designed to give excellent performance with manufacturer supplies
including developer and toner. If the customer uses supplies other than supplies recommended by
Brazos Valley Office Solutions, then BVOS may at its option terminate this Maintenance
Agreement and the unused portion of the maintenance charge may be forfeited. (This action also
may void the warranty). In that event, the customer may be offered service on a time and
material basis at current rates.
This Maintenance Agreement does not cover:
Consumable items such as paper, toner, developer, or drum, unless otherwise stated on
front side. Loading or reloading of software or upgrades to software after initial installation
unless software rider is checked on front of this agreement. Misuse, abuse or neglect of the
copier in regard to the damage of parts, drums, their subsequent replacement and labor cost is
the responsibility of the customer. Misuse is defined as, but not limited to; Damage cause by
paper clips, staples, liquid spillage or paper and materials not recommended by BVOS. Damage
or loss resulting from perils such as fire, theft, water damage or any other cause internal or
external to the machine. The use of unauthorized parts, components, modifications or personnel
to affect repairs or changes which result in a service call or excessive service calls may be billed
to the Customer and/or void this Maintenance Agreement with the unused portion of the
maintenance charge forfeited.
If toner is included in maintenance agreement, and usage exceeds an average of 10% on black &
white fill and/or 30% on color fill, BVOS has the right to renegotiate contract.
It is the customer's responsibility to provide subsequent copier training to their personnel.
Service calls due to operator error may result in additional charges. In such a case BVOS will
provide ample forewarning to Customer before additional charges are accrued.
Should customer move equipment from one zone to an outlying zone, there may be an additional
charge. Should customer move equipment out of established service zones, this Maintenance
Agreement may become void.
Customer agrees to provide suitable electrical service for the specified equipment.
No waiver of any of the provisions of this agreement shall be deemed, or shall constitute a
waiver of any other provision, whether or not similar, nor shall a waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
j10 X70
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: July 29, 2008
ITEM: Request from Verizon Communications to construct an 80 ft. road bore and approximately
310 ft of buried cable installations in the right of way of Merka Road (beginning at its intersection
with FM 1179) Site is located in Precinct 2.
SOURCE OF FUNDS: N/A
PRESENTATION:
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope;
2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way line;
3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to
do so and to remove all cleared brush, trees etc. from county right-of-way;
4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be
conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to
the office of the Brazos County Engineer;
5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Hiehways, published by the Texas Department of Transportation, and all other
State and Federal laws governing utility construction.
SUBMITTED BY:
APPROVED BY:
Ai G/L4le~ 4'a-' 1
Richard F. Vance, P.E. Commissioner E. Duane Peters
County Engineer Precinct 2
CC2008-057 a
This Request is Approve / Denied ❑ by Commissioners' Court
Date: q1,41gick I/
Randy Simytounty Judge
Ira ail
VERIZON COMMUNICATION
Notice of
Line Installation
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
JULY 23, 2008
Formal notice is hereby given that GTE SOUTHWEST INC. d/b/a VERIZON
SOUTHWEST will construct a communication line within the right-of-way of a
County Road in Brazos County, Texas as follows:
Verizon will place buried cable in and along the row of Merka Rd from
Its intersection with fm 1179 along the south side 310 feet. From this point
An 80' bore will be made under Merka Rd to a private easement on N side.
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.
Construction of this line will begin on or after August 19, 2008.
VERIZON COMMUNICATIONS
V r ' e
Brenda Vajdak
Supervisor-Network Engineer
301 Industrial Blvd.
Bryan, TX 77803
5413-7FOAOAD
PC,
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