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2009-03-31-9:00AM-REGULAR
S~ PT_E O F TA g~ l l e_.:`? 2-1 P 11: 3 3 BriAZOS couiv-rY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 31 MARCH 2009 AT 9:00 A_M_ IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance Judge Sims_ 2_ Call for citizen's input and/or concerns- Consider and take action on agenda items 3 24: 3. Budget Amendment 08/09 - 25.1 tlh- 25.1 1 . 4. Persortrtel Change of Statns_ 5_ Payment of Clait-ns_ 6. Order 09-005 prohibiting outdoor burning in Brazos County for ninety (90) days, effective i---- ediately (previously lablec~_ 7_ Proclamation 09-018 establishing April 2009 as Sexual Assault Awareness and Prevention Month_ 8. Consulting Agreement with Be- Sanford 8c Associates, Inc. for telephone services related to the remodel of the Courthouse- 9_ Addition of Amendments No. 1 and 2 to the Professional Services Agreement with Rosser International for the addition to the Brazos County Jail. Office of the County Judge 200 -utM1 Texas Ave- Suite 332 Bryan, Texas 77803 - Fax: (979) 361-4503 1C1 Commissioners Court Agenda 31 March 2009 Page 2 10. Copier Lease Agreement with Ikon to upgrade the copy machine in the County Clerk's Office to a Ricoh Aficio MP6000 SPF; this agreement will terminate the current lease with Ikon. Term of this agreement is 3/31/2009 to 3/31/2014. 11. Permission to follow the changes adopted by the State of Texas in alcohol licenses and related fees. The State of Texas has adopted a two year license period with two years worth of fees due at the time of application; previously the licenses and fees were for one year. 12. Adoption of the 2009 Brazos County Commissioners Court Rules of Procedure, Conduct and Decorum. 13. Formation of a Capital Improvement Committee consisting of the following members: a. Katie Conner, County Auditor b. Irene Jett, Budget Officer c. Richard Vance, County Engineer d. Carlos Guitron, Director of Building Maintenance e. Eric Caldwell, Director of Information Technology f. Pat Howard, Purchasing Agent g. Randy Sims, County Judge h. Lloyd Wassermann, County Commissioner 14. Consideration of request that the Brazos County Attorney intervene, on behalf of Brazos County, in pending quo warranto filed in Robertson County, and styled and captioned as State of Texas vs. Wayne Wilson, Case No. 09-03-18, 322CV, in the 82nd District Court, Robertson County, Texas. 15. Out of state travel request for Jail Administrator Wayne Dicky to travel to Louisville, Kentucky to attend the American Jail Association Conference; the conference dates are 26-30 April 2009. 16. Out of state travel request for County Extension Agent Brandon S. Gregson to travel to Washington D.C. to attend the 2009 Public Issues and Leadership Development Conference; the conference dates are 27-29 April 2009. 17. Tax Refund Applications for the following: a. William W. or Marimarlene Clay g. CHB Homes, Inc. (2) b. Ewing Irrigation h. Green-Rite Lawn Spraying Service c. Merna Jean Jacobson & Alvin A. Blank i. Jamison Services LLC d. J-Tel Services j. D & S Contracting e. H & H Services k. Lon Wells f. Sandra Stevenson 18. Treasurer's Report for the month of February 2009. 19. Request to renew Bid #2008-033, Mowing of County Rights-of-Way, with Wellman Enterprises and no increase in rates. Commissioners Court Agenda 31 March 2009 Page 3 20. Request to advertise and go out for bid on Bid #2009-31, 12 inch Rip Rap. 21. Request from Verizon Communications to construct a road bore and approximately 2169 ft. (f) of buried communications cable in the new right of way of Merka Road at a minimum depth of 30 to 48 inches. Site is located in Precinct 2. 22. Request from Verizon Communications to relocate approximately 3,840 ft. (at the County's request) of buried communications cable to the new right of way of Clear Lake Road to accommodate roadway improvements. Site is located in Precinct 2. 23. Bryan Texas Utilities' cost estimate of $17,809.35 to relocate an overhead electrical line (at the County's request) on Clear Lake Road to accommodate roadway improvements. Site is located in Precinct 2. 24. Payment Authorizations for the following orders placed in FY08 by the Precinct 3 Constable's Office but were not received until FY09: a. in the amount of $49.98 to Galls for raincoats; b. in the amount of $271.29 to Barney's Of Lafayette for ammo (state contract). 25. Announcement of interest items and possible future agenda topics. 26. Call for citizen input and/or concerns. 27. Agency / Board / Committee reports by Court members. 28. Adjourn ~_I-~ ( 4 Commissioners Court Agenda 31 March 2009 Page 4 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section I and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. 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. J-1s COMMISSIONERS' COURT REGULAR MEETING MARCH 31, 2009 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, March 31, 2009 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. The Count Judge gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #08/09-25.1 through 2.11 that would reallocate funds for Justice of the Peace, Precinct 4, Justice of the Peace, Precinct 1, County Auditor, Purchasing Department, District Clerk's Office, County Clerk Elections, Constable, Precinct 1 (2); and Vol Page Commissioners Court meeting March 31, 2009 2 transfer funds from Contingency to Sheriff's Office-Jail Division, General Capital Improvement Fund; and increase the Road & Bridge Department Contingency balance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendments as submitted. A copy each amendment 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 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: 7060348 through 7060578 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of Order 09-005, prohibiting outdoor burning in Brazos County for ninety (90) days. On motion by Commissioner Mallard, seconded by Commissioner Peters the Court voted unanimously to table consideration at this time but to keep it on the agenda. Vol ('A Page v2~_ Commissioners Court meeting March 31, 2009 3 The Court next considered Proclamation 09-018, proclaiming the month of April, 2009 as Sexual Assault Awareness and Prevention Month. The Court joins with the Texas Association Against Sexual Assault (TAASA)in asking everyone to increase their awareness and learn how they can prevent sexual assault and all other forms of violence in communities across this great state. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to proclaim the month of April as "Sexual Assault Awareness and Prevention Month" throughout Brazos County. The Court next considered a consulting Agreement with Ben Sanford & Associates, Inc. for telephone services related to the remodel of the Courthouse. Hourly fees are $125 plus expenses such as travel, meals lodging, long distance, postage printing and other miscellaneous items. Total fee for services shall not exceed $11,125 (89 hours), plus estimated expenses of $2,000. 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 next matter before the Court was consideration of the addition of Amendments No. 1 and 2 to the Professional Vol ( I "I Page jl~, Commissioners Court meeting March 31, 2009 4 Services Agreement with Rosser International for the addition to the Brazos County Jail. Amendment No. 1 - changes to the Construction Documents to relocate mechanical and electrical equipment Amendment No. 2 - changes to the Construction Documents to modify the staff parking lot per the approval plan to increase the number of parking spaces as requested by Brazos County. Commissioner Mallard asked for a status report upon which he was informed that parking and moving the basement and HVAC equipment were reasons for the amendments. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve contract amendments 1 and 2 and authorized the County Judge to execute the document. A copy is attached. The Court next considered a copier maintenance agreement for the Brazos County Clerk's Office. The term of the lease is for 60 months and will cost $300 per month. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the maintenance agreement and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was a request from the Auditor's Office for the Commissioners Court to adopt the changes instituted by the State of Texas concerning alcohol Vol 'I Page Commissioners Court meeting March 31, 2009 5 licenses and related fees. The State of Texas has adopted a two year license period with two years worth of fees due at the time of application. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from the Auditor and restate that the fees are to be collected in the same manner (every two years) as the State fee at one half the amount of the State fee or the amount authorized by law. The next matter before the Court was the adoption of the 2009 Brazos County Commissioners Court Rules of Procedure, Conduct and Decorum. Commissioner Cauley moved to approve. Commissioner Peters seconded the motion. Then after some discussion, Commissioners Cauley and Peters withdrew their motion and second. Then on motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to table consideration. The Court next considered the formation of a Capital Improvement Committee to develop a long range capital planning process to maintain the growth and vitality of the community. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the formation of a Capital Improvement Committee and to appoint the following individuals to serve on the committee: Vol ' C1 Page ,f Commissioners Court meeting March 31, 2009 6 a. Katie Conner, County Auditor b. Irene Jett, Budget Officer c. Richard Vance, County Engineer d. Carlos Guitron, Director of Building Maintenance e. Eric Caldwell, Director of Information Technology f. Pat Howard, Purchasing Agent g. Randy Sims, County Judge h. Lloyd Wassermann, County Commissioner The next matter before the Court was consideration of a request that the Brazos County Attorney intervene on behalf of Brazos County, in pending quo warranto filed in Robertson County, and styled and captioned as State of Texas vs. Wayne Wilson, Case No 09-03-18, 322CV in the 82nd District Court, Robertson County, Texas. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the request. 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 to attend the American Jail Association Conference in Louisville, Kentucky, April 26- 30, 2009. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from Wayne Dicky, Jail Administrator and approved payment of out of state travel expense for him. The next matter for consideration by the Court was a request submitted by Brandon S. Gregson, County Extension Agent seeking approval for out of state travel for himself to Vol (C Page Commissioners Court meeting March 31, 2009 7 travel to Washington, D.C. to attend the "2009 Public Issues and Leadership Development Conference April 27-29, 2009" On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the County Extension Agent and approved payment of out of state travel expense for Brandon Gregson. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. William W. and Marimarlene Clay, Waiver/Refund $142.47 b. Ewing Irrigation, over payment $62.51 c. Merna Jacobson, over payment $12.03 d. J-Tel Services, over payment $35.39 e. H & H Services, over payment $9.89 f. Sandra Stevenson, over payment $300.00 g. CHB Homes, Inc. (2), over payment $539.37 & $5.18 h. Green-Rite Lawn Spraying Service, over payment $320.82 i. Jamison Services LLC, over payment $16.05 j. D&S Contraction, over payment $106.11 k. Lon Wells, over payment $290.66 On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the tax refund applications. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for February 2009. A copy is attached to and made a part of these minutes. Vol 111 Page ' Commissioners Court meeting March 31, 2009 8 The Court next considered the renewal of Bid #2008-033R, Mowing of County Rights-of-way. There is no increase in the rates. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously at the request of the Purchasing Agent to renew Bid #2008-033R with the new Bid #2009-35R. The next matter for consideration was approval for the Purchasing Agent to advertise Bid #2009-031, 12 inch Rip Rap. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Rip Rap. The Court next considered the request from Verizon Communications to construct a road bore and approximately 2,169 feet of buried communications cable in the new right-of-way of Merka Road at a minimum depth of 30 to 48 inches. 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 Cauley, the Court voted unanimously to approve the request from Verizon Communications and authorized the installation. A copy of the request is attached hereto. Vol 1101 Page Commissioners Court meeting March 31, 2009 9 The Court next considered the request from Verizon Communications to relocate approximately 3,840 feet of buried communications cable to the new right-of-way of Clear Lake Road to accommodate a roadway improvements project. 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 Court next considered acceptance of Bryan Texas Utilities' cost estimate of $17,809.35 for relocation of an overhead electrical line for improvements on Clear Lake Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to accept the City of Bryan's cost estimate of $17,809.35 for relocation of an overhead electrical line on Clear Lake Road. The next matter before the Court was consideration of two payment authorizations for orders placed in fiscal year 2007- 2008 but not delivered until the 2008-2009 fiscal year. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the following payment authorization s: Vol C,,I Page ~;4 ~ Commissioners Court meeting March 31, 2009 10 a) Galls - Raincoats (2) $42.47 b) Barney's - Ammo (state Contract) $271.29 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 531 inmates in jail, 36 are in Anderson County, 75 have monitors and 26 are pending for monitors. Bill Jeanes a) Two years ago he attended a Prima Risk Management Association Conference in which one of the items discussed was county health clinics. While attending the conference, they visited several county health clinics. Another seminar is being planned on county health clinics and he would like to know if Brazos County can furnish a location in which to hold the seminar. The City of Bryan will be paying for speakers. As of yet he has no date for the conference but will let the Court know when it has been set. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) The CUC is having a meeting on Wednesday the 11th of April but he will be out of town and not able to attend. He was hoping someone from the Court can take his place. Vol I I Page Commissioners Court meeting March 31, 2009 11 County Judge a) He had a meeting on the upcoming census yesterday. They are formulating a plan on how to get information out to the public. It will begin on April 1, 2010. There being no further business to come before the Court, the meeting was adjourned. Vol III Page The foregoing minutes of the Commissioners Court meeting held March 31, 2009 have been examined and are approved in open Court this the day of 2009, in Bryan, Brazos County, Texas. Randy S As Lloyd assermann Count Judge Commissioner, Precinct 1 Duane Peters Kenny Malla d Commissioner, Precinct 2 Commissioner, Precinct'3 rey C ley, Jr. Commissi ner, Pre in t 4 Attest: Ka en McQueen County Clerk ~i U c Vol ' Page BRAZOS COUNTY COMMISSIONERS COURT Meeting on S/ , 200f@ Name Organization / Department zlld-~- X-1110-dz" /ooj,- CA,r a' A CC a ~ez )9(9,,4 7,) C Z" 0 O~--'-, 1 ~ i~ nl_ u-, e rg - ~r r PAGE of BRAZOS COUNTY COMMISSIONERS COURT ~j p , Meeting on M WrV' ` D ~ , 200 @ q,00 a/Wli Name Organization / Department l.v L.~C fc . Cam, bl~ PAGE of BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 25.1 31310009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 48,000.00 0100 28002000 71050000 DR Contract Inmate Housing 48,000.00 General Fund Contingency & Sheriff Office: Jail Division To reallocate funds to allow for the housing of inmates out of county. This allows fora roximatel 30 days of inmate housing. CIe a men Rprov Date Prepared By: ifj Date: 3/1212009, County Ju a Approval Date )30 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 25.2 3/31/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2400 24005400 61130000 CR Contingency - JP Technology Fund 133.00 2400 24005400 67203600 DR Minor Computer Hardware 133.00 JP Technology Fund: JP Pct # 4 : Quintero To reallocate funds for the additional cost of a projector with a total cost of $2,032.69. The on inal bud eted amount a ro riated for the pro'ctor is $1,900. The additional $133 will allow for the purchase of the projector. -Department Approval* Date Prepared By: ifj Date:' 3/25/2009 County Ju ` e App _ . al Date l 231 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 25.3 3/31/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2400 24005100 67670000 CR Printers 72.00 2400 24005100 60500000 DR Office Equipment 72.00 2400 24005100 61130000 CR Contingency 133.00 2400 24005100 67203600 DR Minor Computer Hardware 133.00 JP Technology Fund: JP Pct #1 : McCleary To reallocate funds to the proper printer account. Also to fund the additional cost associated with the purchase of - a projector budget at $1,900.00, to put in lace with accessories the cost is an additional $132.00 total cost of $2,032.69. Department' Approval Date .Prepared By: ifj Date: 3/2512009 County.Jud' a Approval'- Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 25.4 3/31/2009 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 16000100 61801000 CR Travel 450.00 0100 16000100 67281000 DR Equipment - Electronic 450.00 County Auditor To reallocate funds to allow for the purchase of a fax machine . The current fax machine purchased in 2006-2007 is not workin ro erl and not sufficient for the de amnents needs. Department Approval Date Prepared By: Date: 3125/2009 Cou"ntVJu Ma ApAroval Date - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 25.5 3/31/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 16500100 59100000 CR DDEA 500.00 0100 16500100 60500000 DR Office Equipment 500.00 Purchasing Department To reallocate funds to allow for the urchase of a time/date stam for use on competitive bids. Department Approval Date Prepared $y`. ifj ; Date: 3/25/2009 - - County Ju a Approval - Date c ~3`~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 25.6 3/3112009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 20000100 61500000 CR Printni 765.00 0100 20000100 67281000 DR Equipment -Electronic 765.00 District Clerk: Collections Department To reallocate funds to allow for the urchase of a camera to be used for passports. Deparfinent,Approv l;. ' Date Prepared,By: Date: 3/25/20'09 County Judg Appro7ya1 f Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 25.7 3131/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 21002000 72590000 CR Professional Fees-Other 4,000.00 0100 21002000 65320000 DR Equipment-Maintenance 4,000.00 Count Clerk: Elections To reallocate funds to allow for the re air and maintenance of election equipment. Department Approval Date Prepared By: -ifj Date: 312512009, County Ju , e Approval Date I~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 25.8 3/31/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30101100 711190000 CR Janitorial Services 1,706.00 0100 30101100 51610000 DR Hourly-Staff 1,426.00 0100 30101100 53100000 DR Social Security 109.00 0100 30101100 53200000 DR Retirement 168.00 0100 30101100 53800000 DR Workers' Compensation 3.00 Constable Pct # 1: Clark To reallocate funds from janitorial services for a four step increase to the Clerk III position approve d b Commissioners Court on March 24, 2009 a enda item # 4. Department Approval Date Prepared By ifj bate:- - 312512009 = County Ju a Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 25.9 3/31/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 61130000 DR Contingency - R&B 1,651,879.00 0100 47020000 CR Reserve Fund Balance 1,651,879.00 Road & Bridge To increase the Road and Brid a contin enc b the amount of the funds budgeted for the F ye 9/30/2008 over the amount actually expended. Depart ntApproval ate Prepared=By: _itJ. Date: 3/2612009 'o County Ju a Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 25.10 3/31/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 6,280.00 0100 91110000 DR Transfer to Capital Improvement Fund 6,280.00 4500 63000500 80890000 DR Vehicles 6,280.00 4500 49028000 CR Transfer from General Fund 6,280.00 General Capital Improvement Fund and General Fund Contingency To reallocate additional funds to allow for the licensing software cost for the Arbitrators for the Constables. The Constable's arbitrator cameras stems and com uter aided dispatching require licensed software that was previously overlooked. Gt~f ~ 3 zl o Depart nt'Appcoval_ bate Prepared By if Date: 3/2612009. 3~3 County Jud ppr vaI Date 1,~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 25.11 3/31/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30101100 60850000 CR Video System Supplies 100.00 0100 30101100 60600000 CR Office Supplies 600.00 0100 30101100 65050000 CR Building Maintenance 50.00 0100 30101100 67286000 DR Equipment'- Other 750.00 Constable Pct. #1: Clark To reallocate funds to allow for the urchase of an armoured vest for new deputy. Department Approval Date Prepared By: ifj Dates 3/2612009; County Ju a Approval Date T PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 31, 2009 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 County Attorney Williams, Eli New Hire Constable Pct. 1 Freeman, Mary Other-Step Increase Juvenile Services Anders, Angela Transfer within Department Bazy-Heard, Shenita Transfer within Department Burgess, Howard Transfer within Department Crist, Stephanie Transfer within Department Overall, Jena Transfer within Department McDaniel, Demetris Transfer within Department Reyes, Christina Transfer within Department Shea, Anke Transfer within Department Sherriff Office- Jail Freitas, Jeremy Resignation Guerrero, Marianna Transfer within Department Jones, Silvertree Active Duty O Approved in Commissioners' Court: March 31, 2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) I so Fr~ l' 7m noG~rY O 01's BRAZOS COUNTY BRYAN, TEXAS 51ro fmaim 2t/4=44, Approximately 2 million Texans have fallen victim to sexual assault in their lifetime. That equals one out of five women and one out of 20 men in the state. Unfortunately, fewer than 20 percent of sexual assaults are ever reported to police. Texans recognize the trauma caused by sexual assault, not only to the victim, but also to all those attempting to aid in recovery: family, friends and colleagues. 700k w, Many Texans have dedicated their lives to ending sexual violence in Texas. Their work ranges from educating others about prevention to offering assistance to victims; from advocating for survivors to lobbying for legislative support in the fight to make Texas a no rape state. 7Vdeww, Each year, the month of April provides an opportunity for the Texas Association Against Sexual Assault (fAASA) and rape crisis centers across the state to renew their commitments to serve their communities. For this period, educational efforts intensify, ensuring that Texans are aware of the sexual assault services available in their area. 70 ewAd, TAASA's goal is to ensure that Texas is responsive to sexual abuse and assault victims and is committed to ending sexual violence. The theme for this year, Rooting Ourselves in Social Justice, is an opportunity for citizens of Texas to stand against sexual violence in any form. This theme celebrates a proactive outlook towards prevention of sexual assault by educating and mobilizing Texans on every front. 7f/dPvA4, The safety of Texans tomorrow depends on our vigilance against sexual assault today. We join in asking our fellow Texans to increase their awareness and learn how they can prevent sexual assault and all other forms of violence in communities across this great state. 72ow, ffm4e0w, die it ;Vwddt&Wd that the Brazos County Commissioners Court does hereby establish April 2009 as Sexual Assault Awareness and Prevention Month in Brazos County, and urges the ap ropriate recognition thereof. Aany Sims County Judge Commiss over Lloyd Wassermann Commissioner Duane Peters Precinct 1 Precinct 2 Commissioner I envy Marla • ommis oner Carey Caule , Jr Precinct 3 Precinct 4 4 ) f) Proclamation 09-018 Ben Sanford & Associates, Inc. Telecommunications Consulting March 19, 2009 Ms. Pat Howard, Purchasing Agent Brazos County 200 South Texas Avenue Suite 332 Bryan, TX 77803 Dear Pat: Per our conversation, attached is a proposal to assist the county with the Courthouse Renovation project and associated issues, including movement of personnel to and from different locations. This project and the Jail Expansion will necessitate consideration of not only the present system but also the upcoming one. By being involved in the planning, construction tasks and time frames, we can better ascertain how the current and new communications will fit in as events unfold. This will help ensure that current activities will accommodate future technologies. Consideration factors involve cabling, equipment rooms, hardware and various software alternatives, from open source to Nortel to other vendors. The county IT department is currently involved in VoIP trials using an open source approach. Some initial issues are being worked through at present and more testing will be needed. Issues with open source include not only functionality, but support. Eric Caldwell and Josh Patten at Information Technology have been keeping me appraised of the status. We will continue to explore these options as they relate to current construction. This proposal is to address all of these issues over the next few months as they relate to the Courthouse project. The exact consulting time expended will vary somewhat depending on how the time schedule and sequence of events unfold. We look forward to working with Brazos County gain on another successful project. Sincerely, Ben Sanford Brazos County VOIP Analysis Proposal 012408 DRAFT.doc 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: I 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. 11 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 A CREDIT CHARGE of two percent (2%) per month on the unpaid balance shall be charged to CLIENT on all invoices remaining unpaid for more than thirty (30) days, and all costs of collection, including reasonable attorney fees and expenses, shall be borne by the CLIENT in the event any invoices are not paid-in a timely manner. 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. Offered By: Accepte Ben Sanford Name Ben Sanford & Associates, Inc. Brazos ounty Company Company President -ASu o{-y Title Date Title Date r EXHIBIT A COURTHOUSE RENOVATION TASKS 1. Evaluate connectivity options with the Detention Center / Sheriff's Office and other county locations. 2. Assist County IT Department with inside cabling, outside plant and construction issues. 3. Assist personnel with instrument, voice mail and other issues of interest. 4. Interface with architect, Brazos IT and PBX vendor as needed. 5. Coordinate with Verizon regarding local services as needed. 6. Assist with personnel moves to and from the Courthouse. 7. Assist county with exploring current and future telecom technology issues relating to the Courthouse PBX, including budgetary considerations. 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 .55 per mile or the state rate. Total Fee for Services Shall Not Exceed $11,125 (89 hours), plus estimated expenses of $2,000, for a total of $13,125. 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 Ud~ Clientt" Brazos Count Purchasing Department or 300 EAST 26TH STREET SUITE 117 BRYAN, TX 77803 PHONE (979) 361-4291 FAX (979) 361-4293 Pat Howard, Purchasing Agent Leslie Williams, Senior Buyer Charles Wendt, Asst. Purchasing Agent Mandy Rutledge, Buyer MEMORANDUM TO: Commissioner's Court FROM: Pat Howard, Purchash nt RE: Amendment No. 1 & 2 to the Professional Services Agreement between Brazos County and Rosser International, Inc. for the addition to the Brazos County Jail DATE: March 31, 2009 Please approve amendments No. 1 and 2 to the Professional Services Agreement between Brazos County and Rosser International, Inc. for the additional services to the Brazos County Jail addition: Amendment No. 1 - Changes to the Construction Documents to Relocate Mechanical & Electrical equipment; chillers, transformer & generator and modify parking. Revise and update site calculations, dimensioning, grading, drainage, utility & erosion control drawings and details as required by these changes. Fee Amount Requested from Jones and Carter: $5000.00 Amendment No. 2 - Changes to the Construction Documents to modify the staff parking lot per the approval plan to increase the number of parking spaces as requested by Brazos County. Revise and update site calculations, dimensioning, grading, drainage, utility & erosion control drawings and details as required by these changes. Fee Amount Requested from Jones and Carter: $5000.00 10% Administrative Fee to Rosser International, Inc.: $1000.00 Total cost of Amendment 1 and 2 will be $11,000.00 11 )441 • March 20, 2009 VIA UPS NEXT DAY AIR Commissioner's Court c/o Pat Howard Brazos County 300 East 26`h Street Bryan, Texas 77803 Re: Additions to Brazos County Detention Center, Bryan, Texas Amendment No. 01 and 02 to the Professional Services Agreement G802-2007 Agreement between Owner and Architect Dear Commissioner's Court: This is a cover letter for Amendment No.1 & 2 to the Professional Services Agreement between Brazos County and Rosser International, Inc. for professional services for the Addition to the Brazos County Jail in Bryan, Texas, dated June 20, 2007. The Agreement referenced above shall be modified per the attached amendments for the added Civil work. Please indicate your acceptance of Amendments No. 1 & 2 by executing one original of each and returning to this office. Sincerely, William H. Golson, Jr., AIA, NCARB Vice President cc: Rosser International, Inc.: B. Miller File 07097.00 (.03.02) Architecture Justice Aviation Sports Interiors Planning Landscape Building Engineering ROBBER INTERNATIONAL, INC. Civil Engineering 524 West Peachtree Street, NW -Atlanta, Georgia 30308 Program Management Telephone (404) 876 3800 - www.rosser.com I I1__ )41 4 4 Amendment 01 MAIA Document G802 TM -2007 Amendment to the Professional Services Agreement Amendment Number: 001 TO: Randy Sims, County Judge (Owner or Owner's Representative) In accordance with the Agreement dated: 12 July 2007 BETWEEN the Owner: (Name and address) Brazos County,Texas 300 East 26th Bryan, Texas 77803 and the Architect: (Name and address) Rosser International, Inc. 524,W. Peachtree Street; N.W:' Atlanta, Georgia ' (O X08 for the Project: (Name and address) Additions to Brazos County Detention Center 1835 Sandy Point Road Bryan, Texas 77807 Authorization is requested ❑ to proceed with Additional Services. to incur additional Reimbursable Expenses. As Follows: Changes to the Construction Documents to: Relocate Mechanical & Electrical equipment; chillers, transformer & generator and modify parking. Revise and update site calculations, dimensioning, grading, drainage, utility & erosion control drawings and details as required by these changes. Construction Administration for this work is included in the fee. The following adjustments shall be made to compensation and time. (Insert provisions in accordance with the Agreement, or as otherwise agreed by the parties.) Compensation In accordance with the Prime Agreement, paragraph 1.5.3 the Fee for this work is $5,500.00, Five Thousand Five Hundred and no/100 dollars. Time: We shall revise Design and Construction documents for the above work without change to the project construction start or completion dates. AIA Document G802T" - 2007 (formerly G606Tm - 2000). Copyright © 2000 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 1 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:36:50 on 03/20/2009 under Order No.1000386218_1 which expires on 1/29/2010, and is not for resale. User Notes: (1784668273) J O N E S& C A R T E R, I N C. 700 University Dr. East, Suite 110C TEL 979731 8000 r ENGINEERS • PLANNERS • SURVEYORS College Station, Texas 77840-1848 FAX 979 846 2893 AUSTIN DALLAS HOUSTON BRENHAM SAN ANTONIO ROSENBERG COLLEGE STATION THE WOODLANDS Texas Board of Professional Engineers Registration No. F-439 March 13, 2009 5 4 4 4 Scott Emerson Rosser International, Inc. 524 West Peachtree Street, N.W. Atlanta, Georgia 30308 Re: Brazos County Detention Center Rosser Project No. 07097.00.51.00 JC Job No. 0003-004 Dear Mr. Emerson: The following additional scope and fees are requested: • Amendment No. 1 - Changes to the Construction Documents to Relocate Mechanical & Electrical equipment; chillers, transformer & generator and modify parking. Revise and update site calculations, dimensioning, grading, drainage, utility & erosion control drawings and details as required by these changes. Construction Administration for this work is included in the fee. Work for this item will be designated as "Task 201 - Relocated MEP Equipment Revisions:" _ • Fee Amount Requested: $5,000 Sincerely, teve E. Anc V.V.- . Vice President College Station Operations Manager SED/map Smart Engineering. Smart SolutionsTM www.ionescarter.com CADocume is and Settings\SED\Desktopkimendment Ldoc 4 Amendment 02 TM ..AIA Document G802 -2007 Amendment to the Professional Services Agreement Amendment Number: 002 TO: Randy Sims, County Judge (Owner or Owner's Representative) In accordance with the Agreement dated: 12 July 2007 BETWEEN the Owner: (Name and address) Brazos County,Texas 300 East 26th Bryan, Texas 77803 and the Architect: (Name and address) Rosser International, Inc. 524 W. Peachtree Street, N.W. Atlanta, Georgia 30308 for the Project: (Name and address) Additions to Brazos County Detention` Center 1835 Sandy Point Road Bryan, Texas 77807 Authorization is requested ❑ to proceed with Additional Services. ❑ to incur additional Reimbursable Expenses. As Follows: Changes to the Construction Documents to: Modify the Staff Parking lot per the approved plan to increase the number of parking spaces as requested by the Owner. Revise and update site calculations, dimensioning, grading, drainage, utility & erosion control drawings and details as required by these changes. Construction Administration for this worlds included in the fee. The following adjustments shall be made to compensation and time. (Insert provisions in accordance with the Agreement, or as otherwise agreed by the parties.) Compensation:' In accordance with the Prime Agreement, paragraph 1.5.3 the Fee for this work is $5,500.00, Five Thousand Five Hundred and`no/100 dollars. Time: We shall revise Design and Construction documents for the above work without change to the project construction start or completion dates. AIA Document G802TM - 2007 (formerly G606Tm - 2000). Copyright © 2000 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:20 on 03/20/2009 under Order No.1000386218_1 which expires on 1/29/2010, and is not for resale. User Notes: (3317760389) 11C f) . SUBMlTTE AGRE (Signature) (Signature) Dale A. Gaines, Vice President S h (Printed name and title) (Printed na ne and title) March 20, 20093 l 0~1 (Date) (Date) AIA Document G802Tm - 2007 (formerly G606TM - 2000). Copyright © 2000 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 2 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:38:20 on 03/20/2009 under Order No.1000386218_1 Which expires on 1/29/2010, and is not for resale. User Notes: (3317760389) r' J 0 N E S& C A R T E R, I N C. 700 University Dr. East, Suite 110C TEL 979731 8000 . a ENGINEERS- PLANNERS- S U R V E Y O R S College Station, Texas 77840-1848 FAX 979 846 2893 AUSTIN DALLAS HOUSTON BRENHAM SAN ANTONIO ROSENBERG COLLEGE STATION THE WOODLANDS Texas Board of Professional Engineers Registration No. F439 March 13, 2009 4 4 Scott Emerson Rosser International, Inc. 524 West Peachtree Street, N.W. Atlanta, Georgia 30308 Re: Brazos County Detention Center Rosser Project No. 07097.00.51.00 JC Job No. 0003-004 Dear Mr. Emerson: The following additional scope and fees are requested: • Amendment No. 2 - Changes to the Construction Documents to: Modify the Staff Parking lot per the approved plan to increase the number of parking spaces as requested.by the Owner. Revise and update site calculations, dimensioning, grading, drainage, utility & erosion control drawings and details as required by these changes. Construction Administration for this work is included in the fee.Work for this item will be designated as "Task 202 - Additional Parking = Space Design." • Fee Amount Requested: $5,000 Sincerely, Steve E. Auncan, r.7-1 Vice President College Station Operations Manager SED/map Smart Engineering. Smart SolutionsT"" www.jonescarter.com CADocuments and Settings\SED\DesAlopWmendment 2.doc i i, is I , ~ i ~ ~ , J ~ ----V1 f ICI) /J j ( ✓1i ~I it l1 j Y f J tt j' col t f t I 1 >0 I 7= 71- t I f t t p~ I 111 _ r j X .h . /y / X ~ r. f- j / + j ! > VV / W 2L, L.S ID j Y , LA, U) Az ° ooi,~ / I " N U cr- 'k LO L- LLJ r"~ 1" _ ~ C I l i t , w iF 0 0 LLJ ~L 1 Z C-0 f WW t~ W w CL - ELJ (n Ll C-) Ho U oV~ cnw Y , -~~w E l~ 1i . lr f,~ m- CL v~ ~f m M m015 m PEE m r, ,v /C= m 1 v m nil r~ i ~ n m > CD 4, O ! x b 2s C f 7 ,~J x x x 5 .5, (n/+ Q° I X r CAD 03 L= t //_r`/ J r Q % X X X X-~ 7( X_ .i r . . a) X( ~ 182' ~ If I 1 \ 1 f C/) t D ~ ~ ii~~\ air ~ i Document Efficiency At Work- Equipment Removal or Buyout Authorization Customer Name: f410 y, 6 Date Prepared: Contact Name: 4m. Phone: 'j Q Address: 3&D 'ttt 15 1) City: tvt State: T Zip: 0,' 70 Fax/Email: WNW ❑ Check if additional Product Description page(s) attached This Authorization applies to the equipment identified above and to the following Removal/Buyout option: [CHECK ONE I ❑ Equipment Owned by Customer. This Authorization will confirm that you desire to engage IKON Office Solutions, Inc. ("IKON') to pick-up and remove certain items of equipment that are owned by you, and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to us from time to time for such purpose. By signing below, you confirm that, with respect to every removal request issued by you (1) WON may rely on the request, (2) the request shall be governed by this Authorization, (3) you have good, valid and marketable title to such equipment and have satisfied all payment and other obligations relating to such equipment which may be owing to any third party tinder any applicable lease, financing, sale or other agreements, (4) you have obtained any and all necessary consents and approvals required to authorize IKON to remove such items of equipment and to take title thereto, and (5) by this Authorization, you hereby transfer good and valuable title and ownership to IKON to the equipment, free and clear of any and all liens and encumbrances of any nature whatsoever and you will cause to be done, executed and delivered all such further instruments of conveyance as may be reasonably requested for the vesting of good title in IKON. IKON does not assume any obligation, payment or otherwise, tinder any lease, financing, sale or other agreements relating to any equipment. Such agreements shall remain your sole responsibility. As a material condition to the perforance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you to any third party in respect of all equipment identified in t e removal requests issued by you. Equipment Leased by Customer from IKON IOS Capital or IKON Financial Services This Authorization will confirm that you desire to engage IKON to pick-up and remove certain items of equipment that are currently leased by you from IKON, IOS Capital or IKON Financial Services, and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to us from time to time for such purpose. By signing below, you confirm that, with respect to every removal request issued by you (l) IKON may rely on the request, and (2) the request shall be governed by this Authorization. If you are entering into a new lease with IKON or IKON Financial Services in connection with the upgrade of currently leased equipment, IKON agrees that following acceptance, the new lease will terminate the existing lease with respect to any upgraded equipment. Except for the obligations of MON to pick-up and remove items of upgraded equipment, IKON does not assume any obligation, payment or otherwise, tinder your lease agreement, which shall remain your sole responsibility. As a material condition to the performance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you under your lease agreement. ❑ Equipment Leased by Customer_from a_Third Party. Upon execution and delivery by Customer of a sale, lease (and related delivery and acceptance certificate), service and/or other agreement ("Agreement") between IKON and/or IKON Financial Services, IKON agrees to pay to (A) ❑ the customer (and Customer hereby agrees to promptly pay such amount to the below named payee ("Payee")), or (B) ❑ the Payee identified below, an amount ("Buy Out Amount") equal to to pay off and/or reduce Customer's obligations owing under that certain equipment lease agreement no. ("Third Patty Lease") between Customer and Payee relating to the equipment identified in the Third Party Lease ("Equipment"). ❑ W-9 included ❑ Third Party Quote or Proof of Buyout Amount attached Mailing Method ❑ Mail Check (Regular) ❑ Overnight Check Payee Name: Vendor Code: Address: City, State, & Zip Code: Attention: Distribution Code (for 3rd party transaction): The Buy Out Amount represents the total amount payable by RON for such purpose. IKON shall have no obligation, mud does not assume any obligation, under the Third Party Lease. Customer acknowledges that Customer is solely responsible to make payments to the Payee under the Third Party lease, to return the Equipment at the appropriate time to the appropriate location as determined by the Payee, and to fulfill any and all payment and other obligations under the Third Party Lease. Customer agrees to indemnity and hold IKON harmless from any losses, damages, claims, suits and actions (including reasonable attorneys' fees) arising ont the each by Customer of any of its obligations contained in this authorization and/or the Third Party Lease. AGREED AND ACCEPTED: CUSTOMER IKON OFFICE SOLUTIONS, INC. By: Prepared By: Name: K _ Approved By: Title: Name: Date: Title: Dale: VAIrl Form - Equipment Buyout Removal. 1105 IKON Sales Forms lI`~ )67 Document Efficiency At Work.' O B Product Schedule Number: . , . • State and Local Government Master Agreement Number: This Image Management Plus Product Schedule ("Schedule") is made part of the State and Local Govern Ma ter Agreement ("Master Agreement") identified on this Schedule between IKON Office Solutions, Inc. ("we" or "us") and 13,_CZa5 Cog=y or as Customer ("you"). All terms and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. I is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement. CUSTOMER INFORMATION 13ra , LkwVV 0 ouv:~j Clerk Cys%rdr (Sill tq) a Product Loc tion IICC ddVV t1-1,116.1 I ~tZca.~~lUe .Sit 1 300 L 54 S-k,c i 20 AAdresS Address raOA Bfttzos TlC 7*7703 City County State Zip City County State Zip Customer Contact Name: Customer Telephone Number: Fax Number/E-mail Address: M 0.x Corks) 4 ? Q- 3~ 1 _ Cl 3S PRODUCT DESCRIPTION ("PRODUCTS") Quantity Equipment Description: Make, Model & Serial Number Quantity Equipment Description: Make, Model & Serial Number I I'CO M 14 00 S P F PAYMENT SCHEDULE Minimum Term (mos.) Cost Cost of Guaranteed Minimum Meter Reading/Billing Per Image Additional Images Monthly/Quarterly/Other For Additional Images (o /KD $ $ .00(ex Images 10,(A00 Monthly Minimum Payment Payment Due Advance Payment (with tax) $ Quarterly ithout lax X Monthly Quarterly Apply to 1st Payment ppIt-Other / 00. ou $ 3 W Other Other aa~ Far-re NoI; *6 Sales Tax Exempt: IgYes (Attach Exemption Certificate) Customer Billing Reference Number (P.OM, etc.) Addendum(s) Attached: ❑ Yes (Check if yes and indicate total number of pages: TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form. 2. You, the undersigned Customer, have applied to us to use the above-described items ("Products") for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product(s) on all the terms hereof, including the Terms and Conditions on the Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3. Image Charges/Meters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Monthly/Quarterly/Other Images. If you use' more than the Guaranteed Minimum Monthly/Quarterly/Other Images in any monthly/quarterly/other period, as applicable, you will additionally pay a charge equal to the number of additional metered images times the Cost of Additional Images. If we determine that you have used more than 20% over the manufacturer's recommended specifications for supplies, you agree to pay reasonable charges for those excess supplies. The meter reading frequency is the period of time (monthly, quarterly, semi-annually or annually) for which the number of images used will be reconciled. The meter reading frequency and corresponding additional charges, if any, may be different than the Minimum Payment frequency. You will provide us or our designee with the actual meter reading upon request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for addi- tional images will be made upon receipt of actual meter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: CUSTOMER IKON OFFICE SOLUTIONS, INC. X *de: Date: X Title: Date: Authorized Si er Authorized Signer i ~vn 313c ~04 (Authorized Signers pri ted name) (Authorized Signer's printed name) e i , Document Efficiency Image Management Plus Commitments at work' The below performance commitments (collectively, the "Guarantees") are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON"), one of the largest distributors of office solutions in the world. The words "you" and "your" refer to you, our customer. You agree that IKON alone is the parry to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Guarantees. The Guarantees are only applicable to the equipment ("Products") described in the Schedule to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Products are accepted by you and apply during IKON's normal business hours, excluding weekends and IKON-recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your part. TERM PRICE PROTECTION equipment may result in a higher or lower cost per image and payment. The Image Management Cost Per Image and the Cost of Additional Image decreases are limited to 25% of the original Guaranteed Images, as described on the Schedule, are guaranteed against any price Minimum Images. increase during the term of the Schedule, unless agreed to in writing UPGRADE GUARANTEE and signed by both parties. At any time after the expiration of one-half of the original term of the SERVICE AND SUPPLIES Schedule to which these Guarantees relate, you may reconfigure the IKON will provide full coverage maintenance services, including Products by adding, exchanging, or upgrading to an item of Products replacement parts, drums, labor and all service calls, during normal with additional features or enhanced technology. Anew Schedule of like business hours, excluding weekends and IKON-recognized holidays. original term must be agreed to and signed by you and us. The Image Performance issues relating to software and/or connectivity are inde- Management Cost Per Image, the Cost of Additional Images and the pendent of these Guarantees and may be covered, if applicable, as out- Minimum Payment of the new Schedule will be based on the Products, lined in any software/connectivity professional services agreement you the added equipment and new image volume commitment. may separately enter into with IKON. IKON will also provide the sup- PERFORMANCE COMMITMENT plies required to produce images on the Products covered under the Schedule (other than non-metered Products and soft-metered IKON is committed to performing these Guarantees and agrees to x Products), staples. The supplies will be provided according to per-form its services in a manner consistent with the applicable manu- manufacturer's specifications. Optional supply items such as paper and facturer's specifications. If IKON fails to meet any Guarantee and in the transparencies are not included. unlikely event that IKON is not able to repair the Products in your office, IKON, at IKON'S election, will either provide a temporary loan- GUARANTEED RESPONSE TIME er while the Products are being repaired at IKON'S service center, or IKON guarantees a quarterly average response time of 2 to 6 hours for IKON will replace such Products with comparable Products of equal or all service calls located within a 30 mile radius of any IKON office, and greater capability at no additional charge. If you are dissatisfied with 4 to 8 hours for service calls located within a 31-60 mile radius for the IKON's performance, please send a registered letter outlining your term of the Schedule. (In the case of Canon iR 110 machines, the quar- concerns to the address specified below in the "Correspondence" terly average response time will be 2 hours for all service calls.) section. Please allow 30 days for resolution. Response time is measured in aggregate for all Products covered by the CORRESPONDENCE Schedule. If this response time guarantee is not met, a credit equal to Please send all correspondence relating to the Guarantees via registered $100 toward your next purchase from IKON will be made available upon your request. Credit requests must be made in writing via regis- Blass letter Road, Macon, IKON Quality Assurance Quality Assurance. located at: 17 ty tered letter to the address specified in the "Correspondence" section. , Macon, GA 31210 Attn: Quaality Assurance. The Quality Assurance Department t will ll coordinate resolution of any performance UPTIME PERFORMANCE GUARANTEE issues concerning the above Guarantees with your local IKON office. IKON will service the Products provided under the Schedule to be MISCELLANEOUS operational with a quarterly uptime average of 95% (based on manu- facturer's performance standards and an 8-hour day, during normal iThese Guarantees do not cover repairs resulting from misuse (includ- business hours, excluding weekends and IKON-recognized holidays), not ng without confithoutorm limitation to the improper manufacturer's voltage or the use or supplies that or excluding preventative and interim maintenance time. Downtime will specifications) or any other factor edge the reasonable control of IKON. IKON and you each acknowl- begin at the time you place a service call to IKON. You agree to make the Products available to IKON for scheduled preventative and interim e that these Guarantees represent the entire understanding of the for with respect to the subject matter hereof and that your sole rem- maintenance. You further agree to give IKON advance notice of any parties edy g is any set Guarantees critical and specific uptime needs you may have so that IKON can in forth unuaranteesder not the performed section i hereof accordance with the forego- schedule with you interim and preventative maintenance in advance of Commitment." ereof entitled "Performance such needs. Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of mer- IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS chantability, fitness for use, or fitness for a particular purpose. Neither At any time after the expiration of the initial ninety day period of the parry hereto shall be liable to the other for any consequential, indirect, original term of the Image Management Plus Schedule to which these punitive or special damages. These Guarantees shall be governed Guarantees relate, IKON will, upon your request, review your image according to the laws of the Commonwealth of Pennsylvania without volume. If the image volume has moved upward or downward in an regard to its conflicts of law principles. These Guarantees are not amount sufficient for you to consider an alternative plan, IKON will assignable by the Customer. You acknowledge and agree that, in con- present pricing options to conform to a new image volume. If you agree nection with its performance of its obligations under these Guarantees, that additional equipment is required to satisfy your increased image IKON may place automated meter reading units on imaging devices, volume requirements, IKON will include the equipment in the pricing including but not limited to the Products, at your location in order to options. The addition of equipment and/or increases/decreases to the facilitate the timely and efficient collection of accurate meter read data Guaranteed Minimum Images require a new Schedule that must be on a monthly, quarterly or annual basis. IKON agrees that such units agreed to and signed by both parties. The new Schedule may not be less will be used by IKON solely for such purpose. Once transmitted, all than the remaining term of the existing Schedule but may be extended meter read data shall become the sole property of IKON and will be for a term equal to that of the original Schedule. Adjustments to the utilized for billing purposes. Guaranteed Minimum Images commitment and/or the addition of IKON: Document Efficiency At Work'" and IKON Office Solutions* are trademarks of IKON Office Solution Inc S&LG Image Management Plus Schedule 4.04 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this S day of 1\16 A.D. 2009 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this day of ivy, 20 Randy Si , County Judge lit/ Gt.GO.~•t. ~2 ~ ~t-~---~ Lloyd Was ermann, Commissioner Precinct #1 Duane Peters, Commissioner Precinct 42 L Kenny Mallard, Co issioner Preci t 43 Cary Cawley, o issioner Prec cf #4 `w\__ Treasurer's Report for the MONTH of FEBRUARY 2009 II~ V V' O O N N .mi N T N m O N H m N O O O 7 N m {p•' M O J 01 N O .-1 7 M Ill 10 10 10 m m co M N O V' O M O O 10 In M 10 C? 01 N O N o, m N VI m 1 O O ti M 1Ili 0 n Q C N N N C 01 N l~n ' OMi M N m O r% m 10 10 N 01 N 7 Ili M 0i IIT 7 m N N 7 N M ti Vl m m N O 10 fr) N N 1n m m 10 V M m V' N m m m v m N .Nr N 011 M o1 N m N O O O \ N 1~ N 01 m m .ti rn a1 m m 10 N N m 7 M N N M O m ^ 4V l+l OR 10 1p T N M m vl N~ ti b N t0 m 10 1Q. 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