HomeMy WebLinkAbout2009-06-09-9:00AM-REGULAR
BRAZOS COUNTY r 1 t
BRYAN, TEXAS
NOTICE OF MEETING
ANT AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 9 JUNE 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 - Commissioner Mallard.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 - 25:
3. Budget Amendment 08/09 - 35.1 thru 35.10.
4. Personnel Change of Status.
5. Payment of Claims.
6. Acceptance of the resignations of Dr. Charles Schultz and Dr. Armando Alonzo from
the Brazos County Historical Commission, effective immediately.
7. Appointment of the following individuals to the Brazos County Historical Commission
replacing Drs. Schultz and Alonzo, effective immediately:
a. Lauren A. Hovde
b. Chad Hovde.
8. Acceptance of the resignation David Coleman from the Board of Directors for the
Brazos Valley Groundwater Conservation District, effective 1 July 2009.
Office of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77803 Fax: (979) 361-0503
VOL Ial PAGES
Commissioners Court Agenda
9 June 2009
Page 2
9. Order 09-007 prohibiting the sale or use of restricted fireworks, classified as
"skyrockets with sticks" and "missiles with fins" as stated in 49 Code of. Federal
Regulations, § 173.100(r)(2), in the unincorporated areas of Brazos County.
10. Articles of Incorporation for the South Central High-Speed Rail and Transportation
Authority, Inc.
11. Request to revise the contract with Research Valley Partnership to include the Texas
A&M University System (TAMUS) as a full partner including funding.
12. Request from the Constable Offices for Precincts 1, 2 and 3 for permission to donate
the used Mobile-Vision video camera and recording equipment to the Texas Parks &
Wildlife, Bryan area office.
13. Treasurer's Report for the month of April, 2009.
14. Tax Refund Applications for the following:
a. Chase Home Finances (3) d. Janie B. Morena
b. Aurora Loan Services e. Tax Rescue
c. Delph S. & Glenda T. Ross f. Michael R. Southerland
15. Commissioners Court minutes for the following 2009 dates:
a.. 5 May Regular Meeting d. 26 May Regular Meeting
b. 12 May Regular Meeting C. 1 June Special Meeting
c. 19 May Regular Meeting
16. Permission to advertise Bid #2009-43, Emergency Management Restroom/Bathroom
Trailers.
17. Capital Requisition in the amount of $7,230.20 to purchase a Traulsen heated cabinet
from Pasco Brokerage, Inc. for the kitchen at the Detention Center.
18. Change Order #1 adding $582.11 to P.O. #09003298 for A-1 Pumps for the repair of a
fuel system, bringing the total for this purchase order to $1,082.11.
19. Maintenance Agreement with Ikon for copier maintenance for all County owned
copiers for FY09; term of agreement is 10/01/08 through 09/30/09.
20. Permission to award Bid #2009-31, 12 inch Rip Rap, as follows based on best price:
a. 80.000 # loaded and hauled:
Primary Vendor: Austin Crushed Stone
Secondary Vendor: Superior Crushed Stone
b. 58.240 # loaded and hauled:
Primary Vendor: Austin Crushed Stone
Secondary Vendor: Conners Crushed Stone
VOL f al PAGE
Commissioners Court Agenda
9 June 2009
Page 3
21. Request from Wickson Creek Special Utility District to construct a 30 ft. road bore for
water line installations in the right of way of Steep Hollow Road approximately 1,200
feet from its intersection with Green Branch Loop. Site is located in Precinct 2.
22. Request from Wickson Creek Special Utility District to construct a 26 ft. road bore for
water line installations in the right of way of Pine Tree Road approximately 0.4 mile
from its intersection with FM 974. Site is located in Precinct 2.
23. Request for permission to enter Marilyn Randall's property located off Los Robles
Drive (Oak Hills Subdivision) for the purpose of removing excessive debris for the
health, safety and welfare of the general public. Site is located in Precinct 1.
24. Payment Authorization in the amount of $441.80 to Wilton's Office Works for
purchase of a fax machine for the Magistrate Court; the invoice amount exceeded the
amount of the purchase order.
25. Payment Authorization in the amount of $12,681.44 to the City of Bryan for Tax
Increment Reinvestment - Zone #22 as a 2008 reimbursement for taxes.
26. Announcement of interest items and possible future agenda topics.
27. Call for citizen input and/or concerns.
28. Agency / Board / Committee reports by Court members.
29. Adjourn
VOL i°~~ PAGE a06
Commissioners Court Agenda
9 June 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 1 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, or County employees,
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) 3614102.
"dol.lal PAGE a(de
COMMISSIONERS' COURT
REGULAR MEETING
JUNE 9, 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, June 9, 2009 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1,
Absent;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk, Absent.
The attached sheet contains the names of the citizens and
officials that were in attendance.
Commissioner Mallard gave the invocation and then led the
pledge of allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #08/09-35.1
through 35.10 that would reallocate funds for Road & Bridge
Department, Justice of the Peace, Precinct 1, Drug Court,
Sheriff's Office-Jail Division, Tax Office; and transfer funds
from Contingency to Court Support Costs (2), Jury Services,
Vol p -k Page a&~7
Commissioners Court meeting June 9, 2009 2
Justice of the Peace, Precinct 1; from Road & Bridge
Department Contingency to Road and Bridge Department. On
motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the budget
amendment 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 Cauley, 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:
7062711 through 7062958
On motion by the County Judges, seconded by Commissioner
Peters, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was the acceptance of
the resignations of Dr. Charles Schultz and Dr. Armando Alonzo
from the Brazos County Historical Commission. On motion by
Commissioner Cauley, seconded by the County Judge, the Court
voted unanimously to table consideration at this time.
The Court next considered the appointment of the
following individuals to the Brazos County Historical
Vol i )-I Page aleg
Commissioners Court meeting June 9, 2009 3
Commission replacing Drs. Schultz and Alonzo. On motion by
the County Judge, seconded by Commissioner Cauley, the Court
voted unanimously to table consideration.
The next matter before the Court was consideration of a
letter of resignation from the Board of Directors of the
Brazos Valley Groundwater Conservation District submitted by
David Coleman. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to accept
the letter of resignation effective July 1, 2009.
The Court next considered Order 09-007, prohibiting the
sale or use of restricted fireworks, classified as "skyrockets
with sticks" and "missiles with fins" as stated in 49 Code of
Federal Regulations, §173.100(r)(2). Chuck Frazier, Emergency
Management Coordinator provided the mean figure for
determining the prohibition. Tina Snelling County Attorney-
Civil Division stated that the statute specifically requires
an average figure. Commissioner Mallard asked what the time
limit was to approve the order. He was informed that June 15,
2009 was the deadline but that the Court could meet in Special
Session to consider this. Commissioner Cauley moved to table
consideration. Commissioner Mallard seconded the motion.
Commissioners Cauley and Peters voted "Aye". Commissioner
Vol ID-1 Page d6 9
Commissioners Court meeting June 9, 2009 4
Mallard and the County Judge voted No. The motion failed. No
further action was taken on this item.
The Court next considered the Articles of Incorporation
for the South Central High Speed Rail and Transportation
Authority, Inc. On motion by Commissioner Mallard, seconded
by Commissioner Cauley, the Court voted unanimously to table
consideration to allow court counsel more time to review the
document.
The next matter before the Court was consideration of a
Memorandum of Agreement between Research Valley Partnership
and Texas A&M University to revise the contract with Research
Valley Partnership to include the Texas A&M University System
(TAMUS) as a full partner including funding. Commissioner
Peters asked how this would affect the County. He was informed
that A&M would now have three members on the board rather than
just one. On motion by Commissioner Mallard, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the Memorandum of Agreement that would revise the contract
with Research Valley Partnership. A copy is attached.
The Court next considered a request from the offices of
Constable, Precincts 1,2,&3 for permission to donate the used
Mobile-Vision video camera and recording equipment to the
Texas Parks & wildlife, Bryan area office. Commissioner
Vol d al Page X~ 0
Commissioners Court meeting June 9, 2009 5
Peters moved to approve. Commissioner Cauley seconded the
motion. After some discussion in which it was determined that
Constable, Precinct 4 was to be included, Commissioner Cauley
moved to amend the original motion to include Constable,
Precinct 4. Commissioner Mallard seconded the motion and it
carried unanimously.
On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to receive,
approve and order filed as submitted the Treasurer's report
for April 2009. A copy is attached to and made a part of
these minutes.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. Chase Home Finances (3), Jr., payment in error
$247.49, $201.41, $334.05
b. Aurora Loan Services, payment in error $1,612.50
c. Delph S. & Glenda T. Ross, payment in error $183.15
d. Janie B. Morena, over payment $9.00
e. Tax Rescue, over payment $59.99
f. Michael R. Southerland, over payment $19.88
On motion by Commissioner Peters, seconded by the County
Judge, the Court voted unanimously to approve the tax refund
applications.
Vol ;1 a 1 Page a-7
Commissioners Court meeting June 9, 2009 6
The Court next considered approval of the minutes of the
Commissioners' Court meetings held in May and June 2009
following dates:
Regular Meetings May - 5th 12th 19th 26th
Special Meeting June - 1st
On motion by the County Judge, seconded by Commissioner
Peters, the Court voted unanimously to approve the minutes as
submitted.
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 2009-43, Emergency
Management Restroom/Bathroom Trailers. It was noted that the
bid should read Restroom/Bathroom/Shower Trailers. On motion
by the County Judge, seconded by Commissioner Mallard, the
Court voted unanimously to authorize the Purchasing Agent to
advertise for the above mentioned trailers.
The Court next considered approval of a capital
requisition in the amount of $7,230.20 to Pasco Brokerage Inc.
for a Traulsen Heated Cabinet for the jail. On motion by
Commissioner 'Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the requisition.
The next matter before the Court was consideration of
Change Order #1 to add $582.11 to Purchase Order #09003298 to
A-1 Pump to repair the fuel system. On motion by Commissioner
Vol I a I Page a
Commissioners Court meeting June 9, 2009 7
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve Change Order No. 1 to Purchase Order
#09003298.
The Court next considered a Maintenance Agreement with
Ikon for copier maintenance for all County owned copiers for
FY 09. The cost of this Agreement has decreased overall by
$1,221.12 reducing the cost to $4,051 for FY09. On motion by
Commissioner Peters, seconded by Commissioner Mallard, the
Court voted unanimously to approve the Maintenance Agreement
with Ikon and authorized the County Judge to execute the
document. A copy is attached.
The next matter before the Court was consideration to
award the bid for 12" Rip Rap as follows:
Primary Vendor: for 80,0004 and 58,420 loaded and
hauled: Austin Crushed Stone
Secondary Vendor: for 90,000 # loaded and hauled:
Superior Crushed Stone
Secondary for 58,420 # loaded and hauled: Conner
Crushed Stone
on motion by Commissioner Peters, seconded by Commissioner
Irma Cauley, the Court voted unanimously to accept the
recommendation of the Buyer and award the contract as noted
above.
The Court next considered the request from Wickson Creek
Special Utility District to a 30 ft. road bore for water line
Vol X( Page )-13
Commissioners Court meeting June 9, 2009 8
installations in the right-of-way of Steep Hollow Road
approximately 1,200 feet from its intersection with Green
Branch Loop. 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 Wickson Creek Special Utility
District and authorized the installation. A copy of the
request is attached hereto.
The Court next considered the request from Wickson Creek
Special Utility District to construct a 26 foot road bore for
water line installations in the right-of-way of Pine Tree Road
approximately 0.4 mile from its intersection with FM 974. 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 Wickson Creek Special Utility District and authorized the
installation. A copy of the request is attached hereto.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Marilyn Randall on
Vol t xt Page dL:l 4
Commissioners Court meeting June 9, 2009 9
Los Robles Drive in Precinct 1 to remove excessive debris.
The County will place a roll off trash container on or near
the property. Debris, which has become a health issue to the
community, will be removed using county equipment and labor.
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to authorize the work.
The Court next considered a payment authorization to
Wilton Office Works in the amount of $441.80. The invoice
exceeded the purchase order amount by 10 percent. On motion
by Commissioner Cauley, seconded by Commissioner Peters the
Court voted unanimously to approve the payment authorization.
The next matter before the Court was consideration of a
payment authorization to the City of Bryan in the amount of
$12,681.44 for Tax Increment Reinvestment-Zone 422 as a 2008
reimbursement for taxes. Commissioner Peters moved to approve
the payment authorization. Commissioner Cauley seconded the
motions. Commissioners Peters, Mallard and Cauley voted
"Aye". The County Judge voted "No". The motion carried to
approve the payment authorization.
Under announcement of interest items and possible future
agenda topics the following spoke:
Mannaser Marshall representative of the City of
Bryan
Vol 1 a 1 Page ;cl 5
Commissioners Court meeting June 9, 2009 10
a) Thanked the Court for participating in the
Build Initiative. They secured two lots for
the program. One had 14 years back taxes
and the other had 9 years.
Under citizen input and/or concerns, the following
spoke:
Sheriff Chris Kirk
a) There were 531 inmates in jail, 68 are out
of county, 64 have monitors and 28 are
pending for monitors.
Eric Caldwell, Director of the Information
Technology Department
a) LIRA received 14 bids with 10 passing
scrutiny by the Board. The County Judge
and Auditors will also review them and 3 or
4 will be recommended to review by the CIRA
Board. The project is anticipated to start
September 1, 2009.
Richard Vance, County Engineer
a) The Purchasing Department received a
recommendation from Brenco to put 10
percent water into our fuel. This can
cause problems to older trucks. They are
trying to find another vendor that
doesn't add water. Pat Howard,
Purchasing Agent, said that the Assistant
Purchasing Agent is in a meeting right
now discussing this issue.
Under Agency/Board/Committee reports by Court members
the following spoke:
Commissioner mallard
a) There will be a Housing Finance Corporation
meeting June 16, 2009.
Vol l 2 l Page 91 (e
Commissioners Court meeting June 9, 2009 11
There being no further business to come before the Court,
the meeting was adjourned.
Vol 1 ( Page a
The foregoing minutes of the Commissioners Court meeting held
June 9, 2009 have been examined and are approved in open Court
this the day of 2009, in Bryan, Brazos
County, Texa
Randy Si Lloy Wassermann
County udge Commissioner, Precinct 1
Duane Peters Kenny Ma rd
Commissioner, Precinct 2 Commissio r, Preci t 3
94
Irma Ca
Commissioner, Pr cinct 4
Attest:
K ren McQueen
County Clerk
Vol I a I Page ~-Z 8
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VOL I a ~ PAGE a S~
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09 - 35.1 thru 35.10
On this the 9" day of June 2009 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
Irma Cauley, Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 9 June 2009 the Court heard and approved a budget amendment for the 2008-
2009 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 19 September 2008, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 9" day of June 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
County Judge
4RandyS'
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
VOL al PAGE o -L `l
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 35.1
6/9/2009
FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 12,924.00
0100 11010000 80455000 DR Leasehold Improvements 12,924.00
General Fund Contingency and Court Support Costs
To allocate funds to rep] ce the carpet in the 29th Street old Municipal building to be used for the Auxila Courts,
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 35.2
6/9/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 56001000 61130000 CR Contingency - Road & Bridge 9,000.00
0100 56001000 80286000 DR Equipment - Other 9,000.00
Road and Bridge
To reallocate funds to allow for the purchase of a hand held data collector for Gary Arnold.
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BUDGET AMENDMENTS
No. 08/09 - 35.3
6/9/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 56001000 67342000 CR Furniture 1,000.00
0100 56001000 60360000 DR Furniture 1,000.00
Road and Bridge
To reallocate funds to allow for the prop er accounting of Inmiture items less than $500.00.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 35.4
6/9/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 24101100 59100000 CR DDEA 3,000.00
0100 24101100 61801000 DR Travel 3,000.00
Justice of the Peace Pct. #1: McCleary
To reallocate funds to allow for additional funds for travel to a Legislative Update seminar in Au ust 2009.
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VOL la I PAGE 0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 35.5
6/9/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 22700100 61500000 CR Printing 100.00
0100 22700100 60350000 CR Food and Food Supplements 200.00
0100 22700100 53200000 DR Retirment 300.00
Dru Court
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 35.6
6/9/2009
FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease
0100 28002000 59100000 CR DDEA 385.00
0100 91110000 DR Transfer to Capital Improvement Fund 385.00
4500 49028000 CR Transfer fin General Fund 385.00
4500 63000500 80050000 DR Appliances 385.00
4308 63430800 80130000 CR Building-Sheriff Jail 6,850.00
4308 63430800 80050000 DR Appliances 6,850.00
Sheriff Office: Jail Division, Ca ital Im rovement Fund, Jail Expansion Fund
To reallocate funds to allow for the additional increase in the purchase of a re lacement Holding Cabinet for the kitchen
Partof the fundin is cumin from the Jail Bond Ex ansion Proceeds and the additional $385.00 is bein funded b the Jail Division
DDEA. The totalcost for the holdin cabinet is $7,235.00
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 35.7
6/9/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 13000100 60500000 CR Office Equipmet 400.00
0100 13000100 67281000 DR Equipment - Electronic 400.00
Tax Office
To reallocate funds to the proper accounts to urchse electronic equipment (fax machine).
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 35.8
6/9/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 20,000.00
0100 20010000 61415000 DR Jurors - Petit Jury 20,000.00
KffistrictClerk:u Services
To reallocate funds for additionalmonies needed for Court Costs due to an increase in cases. Additional funds may be needed
to finish out the year,
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 35.9
6/9/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 8,169.00
0100 11010000 67294000 Equipment- Tele hone 3,235.00
0100 11010000 67205000 Network Costs 4,934.00
General Fund Contingency and Court Support Costs
To reallocate funds to allow for the networking and tele hone capabilities at the 29th Street Auxilia Courts building.
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Date.
M0, IN
Gounty~J „ge Approv_al ~r'~~f".>°~~»-ate; ~'Date~•,t~,"
VOL-1 )I PAGE 00
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 35.10
6/9/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 24101100 59100000 DDEA 200.00
0100 24101100 61020000 Autos 200.00
Justice of the Peace Pct #1: Mclea
To reallocate funds for the cost difference between the contracted rate with Hillier Funeral Home for transportation of deceased person
and the amount charged b Brazos Coun Mortuary Service.
~Tt hks~,... Y l} s
lDepartment"Appro a " f Date ,AW
R eparetltBy Ft4
1D atek6/S/2UQ9;
1p.F'r
Cou
Jud jAPP ao i ax wDate
44-
VOL a~ PAGE ~
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: June 9, 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 Anderson, Rodney Increase State Supplement
District Clerk Ratliff, Traci Resignation
Langley, Michelle New Hire
SO/Jail Rosales, Carlos Termination
Juvenile Services Cannon, William Resignation
McCullar, Tiffney Resignation
Williams, Willie State Stipend
Approved in Commissioners' Court: June 9,2009:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
VOL 191 PAGE ~ a
p; C E: OF
S i~h F9
F N
>y OF 0g
STATE OF TEXAS § BRAZOS COUNTY
§ BRYAN, TEXAS
COUNTY OF BRAZOS §
ORDER NO. 09-007
RESTRICTING USE OF FIREWORKS
IN UNINCORPORATED AREAS OF BRAZOS COUNTY, TEXAS
WHEREAS, the Texas Forest Service has determined that drought conditions exist in Brazos County;
and
WHEREAS, on the 9th day of June, 2009, the Commissioners Court of Brazos County has determined
that the normal danger of fire in the unincorporated areas of Brazos County is greatly enhanced by the
extremely dry conditions now existing;
NOW, THEREFORE, the Commissioners Court of Brazos County adopts this Order prohibiting the sale
or use of restricted fireworks in the unincorporated areas of Brazos County.
A. No person may sell, detonate, ignite, or in any way use fireworks classified under 49 C.F.R. part.
173.100(r)(2) (10-1-86 edition), as "skyrockets with sticks" and "missiles with fins" in any portion
of the unincorporated area of Brazos County.
B. This Order does not prohibit:
1. common fireworks, small in size, classified as Class C explosives;
2. large fireworks devices designed primarily to produce visible or audible effects by
combustion, deflagration, or detonation and classified as Class B explosives by the U.S.
Department of Trans. [TEX. OCC. Code, Chapter 2154].
C. A person commits an offense if the person knowingly or intentionally violates a prohibition
established by this Order. An offense under this Order is a Class C Misdemeanor.
APPROVED this the 9`h day of June, 2009, by the Brazos County Commissioners Court.
y0~2 wa, 4 -t , y(Ar
ATTEST: Randy Sims, County Judge
Karen McQueen, County Clerk
Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 3614503
VOL Qj FAGEaq3
draft-draft-draft
MEMORANDUM OF AGREEMENT
BETWEEN
THE RESEARCH VALLEY PARTNERSHIP, INC.
AND
THE TEXAS A&M UNIVERSITY SYSTEM, TEXAS A&M UNIVERSITY,
TEXAS A&M HEALTH SCIENCE CENTER, TEXAS A&M ENGINEERING,
AND TEXAS A&M AGRILIFE
The Research Valley Partnership, Inc. ("RVP") is a public-private non-profit
economic development corporation located in College Station, Texas.
To promote university-business synergy and further establish a model for
innovation economic development through partnership, The Texas A&M University
System ("TAMUS"), Texas A&M University ("TAMU"), Texas A&M Health Science
Center ("HSC"), Texas A&M Engineering ("TEEX/TEES"), and Texas A&M Agrilife
("Agrilife"), ( TAMUS, TAMU, HSC, TEEX/TEES, and Agrilife are hereinafter referred
to as "the A&M System Parties", or individually as an "A&M System Party") agree to
become partners with the RVP to support its innovation economic development efforts
specifically the Research Valley Innovation Center ("RVIC"), BioResearch Valley, and
the RVP's business development and corporate solutions efforts.
The RVP and the A&M System Parties recognize that innovation economic
development is important to the future of both The Research Valley and the A&M
System parties and that this agreement represents a unique model of innovation economic
development connecting community and university as partners.
The RVP and the A&M System Parties hereby agree as follows:
Article 1
The RVP will operate the RVIC as part of its organizational framework under the
guidance of an Advisory Council representing all of the parties to this Memorandum of
Agreement ("MOA"). The RVIC will provide and expand business
incubation/acceleration services to emerging science and technology companies with
special attention given to A&M System Party spin outs in the Research Valley. The
RVIC will also promote new venture and commercialization activities and events with
the A&M System Parties.
b'"L PAGE
Article 2
The RVP established BioResearch Valley as mechanism to promote The Research
Valley as an emerging biotechnology center of excellence. The RVP will work with the
A&M System Parties to implement BioResearch Valley's Master Plan currently under
development by TEEX. The RVP will also work with the A&M System Parties on joint
business development and corporate solutions activities specific to biotechnology as
mutually agreed and programmed.
Article 3
The RVP in collaboration with the Texas A&M Parties will develop and execute a
business development and corporate relations joint marketing program. This program
will focus on target industry engagement (i.e. "Field Days in The Research Valley";
Economic Development Summit, etc...
Article 4
The RVP corporate bylaws provide for the appointment by the President of Texas
A&M University of one (1) Board Director with voting authority. The RVP will amend
it Bylaws by adding two (2) additional A&M Party Board appointments with voting
authority. Said appointments will be by appointment of the Chancellor of the A&M
System Parties.
Article 5
The RVP commits to provide funding to support the RVIC, BioResearch Valley,
and business development and corporate solutions activities over a period of three years
beginning October 1, 2009. The total amount will be $1,119,000 and will be allocated as
follows: $253,000 per year for RVIC operations and activities, $60,000 per year for
BioResearch Valley efforts, and $60,000 per year for business development and
corporate relations joint marketing and communication program activities and events.
The A&M System Parties agree to pay the RVP a total of $900,000, consisting of
the payment by each A&M System Party of $71,250 and Agrilife of $15,000 annually for
three years beginning October 1, 2009 in consideration of the RVP's performance in
accordance with the terms of this MOA. The A&M System Parties payments will be
allocated by the RVP as follows: $125,000 per year for RVIC operations, $100,000 per
year for BioResearch Valley efforts, and $75,000 per year for business development and
corporate relations joint marketing and communication program activities and events
Article 5
1. This MOA shall take effect upon signature by the RVP and the A&M System
Parties and remain in force for a period of three (3) years, unless terminated
2
~fi)~ A e~:~~E~
earlier by an A&M System?m nn on ninety (180) days written notice to the
RVP and the other A&M System Parties.
2. The termination of this MOA shall not affect the validity or duration of
projects under this MOA that are initiated prior to such termination.
3. This MOA shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the unsigned being duly authorized by the respective parties,
have signed this Memorandum of Agreement.
THE RESEARCH VALLEY
PARTNERSHIP, INC.
By:
Larry Hodges
Chairman, RVP Board of Directors
Date:
RECOMMEND APPROVAL:
Todd E. McDaniel
President/CEO, RVP
Date:
THE TEXAS A&M UNIVERSITY
SYSTEM
Date:
RECOMMEND APPROVAL:
Date:
TEXAS A&M UNIVERSITY
3
VOL 1)-1 PAGE a'qt
Date:
RECOMMEND APPROVAL:
Date:
TEXAS A&M HEALTH SCIENCE
CENTER
Date:
RECOMMEND APPROVAL:
Date:
TEXAS ENGINEERING EXTENSION
SERVICE
Date:
RECOMMEND APPROVAL:
Date:
TEXAS ENGINEERING EXPERIMENT
STATION
4
74
Date:
RECOMMEND APPROVAL:
Date:
TEXAS A&M AGRILIFE
Date:
RECOMMEND APPROVAL:
Date:
S
VOLUI PAGE a97
~#7/
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) OA-
Witness my hand this day of A.D. 2009
aren McQueen
County Clerk, County of BR~ArZOS, State of Texas
Examined and approved in open Commissioners' Court this Qt1-1 day of
~j~,YleJ 2009
Randy Sim ounty Judge
Lloyd Wassermann, Commissioner Precinct 41
Duane Peters, Commissioner Precinct 92~
Kenny Mallard, Co lissioner Precih t 43
Irma CauleyWissio e cinct #4
Treasurer's Report for the MONTH of APRIL 2009
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VOL_jai PAGE ~gq
s Document Efficiency Master Maintenance & Sale Agreement
At WorV
Customer Information: Customer Billing Contact: MEGAN CONKEL
STX BRAZOS COUNTY 979-36114352 mconkd@c ,.braze s.tx.u:
Full Legal Name Phone Extn. Fax/Email
300 E 26TH ST 314, COUNTY AUDITORS OFFICE 200 S TEXAS AVE, STE 218
Customer Location Address Customer Billing Address (if different)
BRYAN, TX, 77803, US BRYAN, TX, 77803-3999, US
City County State Zip City County State zip
Customer acknowledges that the undersigned is dal uthorized to sign This Master Maintenance & Sale Agreement ("Agreement') and acknowledges receipt and
acceptance or the terms and conditions s sicfa of }pages and includes this cover page and Exhibit A.
CUSTOMER IKON OFFICE SOLUTIONS, INC.
Authorized Signature: Authorized Signature:
Signer's Printed Name: Signer's Printed Name: 1ML Title: Title:
Date: Date:
Check if Sales Tax Exempt (*Must attach valid Exemption Certificate)
Initial Order
(Use the spaces provided below to identify the initial order ofPraducis and/or Services to be purchased under this Agreement.)
Product Description:
Quantity Make, Model, Serial Number Purchase Service Quantity Make, Model, Serial Number Purchase Service
1 NP6545,10609265,NJF23402
**See attached documents
for remaining 12 copiers.
❑Q Check if additional Product Description page(s) attached
Product Charges:
Total Product Charges:
❑ Check if Professional Service fees indud
Excludes Taxe
Services & Service Char es:
Minimum Term (mos) Cost Per Image Service Charges Total Amount I Meter Read/Billing For Additional
Images
36 Months may/ ,
❑ 48 Months OIi D00D ❑ Monthly .00 ;l1 • t[ ❑ Monthly
❑ 60 Months ❑ Quarterly ❑ Quarterly
Other 12 mo Other Other
Cost of Additional Guaranteed Minimum Service Level
Images Monthly/Quarterly/Other Images
$0.0185 ❑ Monthly ❑ Gold : Includes all supplies and staples. Excludes paper.
❑ Quarterly ❑ Silver: Includes all supplies. Excludes paper and staples.
Other 219,000 per year ❑ Bronze: Parts & Labor only. Excludes paper, staples and su b
Additional Provisions: This MA is continual coverage on contract 1755895 for STX BRAZOS COUNTY. The ricing reflects a total 0 3)
copier; (listed on the product description schedule). The continual coveragebe ins 01-OCT-2008 until 30-SEP-
millW NV., A. 11111
~
Rev. 0fl/O6 1 IKON Sales Farms
VOL ~o~~ PAGE
a UocomeldEBicioncy -
.,.AtWork'_, A,DDI'IxONAL PRODUCT DESCRIPTION
Al
Canna: MEGAN W1,4rEL - - Phonp Numticr 979-367-4352
Address: 306 F. 25tH ST 314. COUNTY AuDrrQW8 OFFICE Fax Nt rnbw F -
City.. BRYAN State. F Zip Code 77803 Emm] maonkol(tdrr~.brv.
a&w
Make/Mode)/Serial Number Service Level Base B& w
:,Volume Overages
NP6030.~1020D040. NCH08315 Gold' " -
4645: 10200129. NJFI7369 Gold . 1- r---'r-
1ft210S. 10253893. NPRp934T Gold - fI I
inn 10200254 MPO3960G - Gold
Contact: Plroee 14.ber I~-
Address:
r. Nw,ba r-
City - State: I Zip Cod, F- Email
Make /Model /Serial Number Service Level Base B&W B&W
Volume Overages
IRM00. 10200229. MPG39621 Gold
IR2200. 10197826. C340D4891 Gold F F - r-
4R22W 10507079. C14DD6815 Gold F- I
IR2830. /0621077. 014034967 Gold -
Qontu[:' Phone Number
Address:
Fax Number
:.City. Stele: F -Zip Code: mail F -
Make/Model/Serial Number Service Level Base B& W B&W
Volume Overages '
IR210S. 10254862. NPR34417 Gold F-
GP200S. 10254832. N1P09115 (fold F- r-
IR210S. 10254962. NPR31IR3 Cold 1 1
G230. 10253753. NGM09D64 Gold F-- F-
TON 8.1. Forms - 4Y2006 - - - C
I
I_
VOL.Ia.' PAGE ~i
EXMRIT A TO MASTER MAIN NANCE & SALE AGREEMENT
This Agreement sets forth the specific terns and conditions mdm which IKON agrees m sell the specific products identified an a Sales Order (defined below) entered inm
herewder ("Products') and/or, provide maintenance services for the specific been of equipment identified on a Service Order (defined below) entered into here a der
("Smear') to Consumer from time m that. Either party may mamba the"masrd' mangement cossamplared by this Agreement at arty time upon prior writers mtice m to
other. Termination of this Agreement shall ant however, alter or otherwise modify the rights or obligations of the panne with respect to any Sales Order or Smice Order
placed and accepted prior to such termination.
The following terms shill apply to all Service traasmotime s
I. Sol cxs. (a) In order to obtain Services from IKON beremder, Customer will either O execute a Service Order (in a form to be provided and exepusrd by IKON)
refescncing this Agmemen4 or (ii) issue a valid and signed purchase order to IKON (meta mferted to in this Agreement as a "SeMee Order"). Each Service Order most
identify the specific equipment b be serviced, the term ofihe Service rngegemen4 the Icarian at which Services shall be performed and the applicibic Service charges for such
under. The ewer page to this Agreements may serve as as initial Service Order.
(b) As part of its Save=, IKON will repair or replace in accordarce with the biros and candid= of this Agreement any part of the urvieud equipment star
becomes unserviceable due to normal usage (ether than consumable supplies). Replacement part will be f croshrd on an exchange basis cad will be new, reconditioned or used.
All parts removed due in replacement will become the property of IKON.
(e) The Services provided by IKON node, this Agreement and each Service Order will rot include the following: O Repairs resulting from mimen (including
without limitation improper voltage or the sae of supplies that do not conform to the manufacnuels specifications); (i) Repairs made necessary by service performed by
persons other than IKON mmu ereadyna; (iii) Service calls orwork which the Cusbmerrequesh who performed onside ofiegular IKON business beets (unless covered under
an exceeded hour service contract) and Service calls or work width the Consumer requem W be performed on MON holidays; (iv) Removable consent, copy calum.4 exit says,
or any item nut related to the mechanical or electrical operation of it. serviced equipmcv4 (v) Consumable supphm such as paps, ter staples, unless cxpmssly provided for in
the Service Order, (v) Repairs and/or service calls resulting from amchments not purchased from IKON; (vi) A, software, system support or related corocaivity unless
specified in writing by IKON; (viii) parts no lomgcr available from the applimble manufectmar, (ix) Electrical work exact an the serviced equipment; including problems
resulting from overloaded or improper circuits; and (x) Charges for installation of the serviced equipment or de-installation and/or movement of the serviced equipment from
one location to another. Damage to serviced equipment or parts arising from causes beyond the control of IKON art not covered by this Agreement or any Service Order.
MON may terminmc its Smice obligeuons under thin Agreement or any Service Order with respat to any item ofserviced equipment that has been modified, damaged, noted
or serviced by persomcl other than those employed by IKON. Additionally, service mccasitatW as a result of vade,"to key amr hrvolvemca4 opeaur, ceased damage,
lack of reeomnscmded service, or use of madogoate, or incompatible supplies may result in Service being anLesed or n time-anal-material basis in addition m the Charges
2. ftim a Calls. Service tills will be made during eomsel business ham at the imvllatcn addrss shown on the applicable Service Order. Service does not include
coverage on IKON holidays. Teel and labor-Hine for the smite cells filer normal boors, me weekends and on holidays, if and wlon available and only in the event and to the
extent that MON ages to provida such not-standard covemge, will be charged at overtime arm in effect at the time the service call is rradc. IKON repxcenta Hves will not
handle, disc m act or repair u.mhmixo d attachments or components. Cnsumer is rmponsiblc for d'uwnneedng and rc-connecting umnhori>cd anacbmen[s or <onryonents.
Cmmmer slall hold MON and its employees and represrnatives harmless from and egainm damages to say onauthoraed parts, componyna or acc.sorise as well as any
claims arising therefrom.
3. Rar.mPti 1 . Reconditioning end similar major ovmiuWs may be covered by applicable manufacturer wascnH., but art not covered by this Agmcmmt or any
Service Roder, ff]KON deAesmi.s that such andors may be necessary as a result of normal wear and tear of materials and age factors caused by normal usage in order to keep
tlx: serviced equipment in working condition, MON will submit m Costumer an estimate of the needed refems and the coal for such repairs (winch costs will be it addition to -
the dargm payable under the applicable Service Order). If the Comma dons not authorize snub reconditioning, MON may, at its option: (i) discontinue smice of such
serviced equipment odor the applicable Service Order and refund any unwed portion of We Service Charga (as defined below) applicable to such serviced equipment, or (l)
refuse to screw such Service Order for such smiced equipment tPon its expiation. After any such terminslioq MON will make smite availably on a 'per Call" basis at
IKDN's thins-prevailing rases at the tin. of service.
C rm. Each Since Order aball become effective on she effective dam of he Service Order mad shall continue for the term identified in the Servce Order. At the
expiation of the initial term oramy emended arm of say Service Order, it will automatically, subject to applicable low and without father action required by either party, anew
for to additional twelve (12) mooed period, provided duet the Cumater is not than in dcfi it teed subject m applicable law. The contacted to will be adjusted to IKON's then-
prevailing aim, m be ml=tcd in au automatic incase as of the moawal dam,
5. Servke Charese Service chmgen ('Service Charge") will be act forth on the Service Order and will bee payable by the Cussoea in advance. Smice Charges will
not include any charges for repairs or Smite dust am otherwise covered by he applicable manufacturers limited warranty during the period covered by any such warranty, m
the exam WON has .,need with such munufacksm, not to charge a customer for any such charges. Customer acknowledges and agrees that (i) alienations, mEwilm ten,
specification changes, or use by Customer ofmbssandard supplies that came excessive service cells may require an increase in Service Charges; (ii) the taunter of the smiced
equipment from the knorlnn indicated on the applicable Service Order my mull in an immam of Smice Charges or the termination of the applicable Service Order, and (iii)
the Tona Iwlwive Program (if applicable) is based on manufacturer supply consumption meet. Delivery of supplies will not exceed agreed upon merge or applicable
nenufacmrer supply consumptimn ales. IKON reserve the Eight an wrens freight and shipping charge for all pars and supply deliveries. Com unpsion of covered supply
produces varying aigreficamly form expected me, may result h sdditiond charges for supplies. Cusmmer agrees to pry when due, all axes, whore appiiceblq related to this
Agreement and/or any Service Order, excluding axe on the i.omc of MON. Service Changes am based on standard 8.5x11 images. IKON msa,. the right to asses
additional images hang. for inn-standand images, including 11.17 image. If ibe term of any Smice Order exceeds 12 months, the Coss Per Image and the Cost of Additional
images may be increased by IKON up an 5%ann.ily for nech year beyond the initial 12-roamed period
6. Default If Cusmmer does not pay all Smite Changsts or other charge. owing under this Agreement orany Service Order promptly when due, IKON mayOainto to
further Servce the serviced equipment until such default is fully tumor, or (h) furnish Service on a C.O.D. "Per Calf" bash at IKON's tbeo-pro ailing ales, at tire time of
Service. Except as Expressly permitted by this Agreement an refund on credit will be given for any early rumination of any Service Order or any renewal thereof. IfCusmner
defaults in its obligations hereunder, IKON may require Consumer to immediately pay to IKON all past due payments under s1I Service Orders, and the early termination ice
descrbcd be Season. 9 below,
i
7. Use Of Racommended Snvmlim• Most, Readhas. Ifthe Customer us. .,be, Han rearmlint mr- surecended supplies, including paper, developer, Inner, and
Iusor oil, and ifs.h supplies are dcfwdve tenor acceptable for me on he serviced rqulpmynr or came abnormally Wcquent service calls or service problems, then IKON may,
at in opting asm. a surcharge or terminate he applicably Service Order with respect to such items of serviced equipment it. teminated, Customer will be affend service
ma"Per cair, basis at IKON's thus-pavailing atm. It is not a condition ofthis Agreement that the Cwmmcr we only IKON-provided supples. Ifwe deamhe that you have li
wed more Han the menufecmueda reeommcuded spocifnstiom for supplies provided by MON you will pay rcasmable begs. for those excess supplies and/or we any refuse
additional supply shipments. Cusmmeragrees to provide IKON trot and accurate meter readings by submitting motor retds to MON through the MON memosaed meter raid
program, ar in may other reasonable manner reqamted by MON, whether vin colophons, email or otherwise If accurate mcter,.dings am not provided one timely basis, IKON
mservar the right to estimate the meta r.dings from peovions meta r ad'ongs Appropsima adjustments will be made to subsequent billing cycles following receipt of amal
and ...are meterreading. As part of its Serviem. Cmtomeracknowledgns and agrees dust IKON may piece auWo atic netermedlog units on imaging davicw at your location
in order to faciliesm the timely and officiem collection of accurate meter read daft on a monthly, quarterly or annual basis, IKON agrees that such tins will be used by IKON
solely forsuch limited purpose. Once nanneoued, all meta read dam shell become he sole property of 1KON and will be utilized for billing porp.es.
I
I
mill LM~.lHt~I III
Rev. 08,f05 2 IKON Sales Forms
VOL Ia1 FADE 3b~
a. Customer Obligations. Customs, agrees m provide a proper plaee for the use of the serviced egldpmen, including electric sake as specified by the
mevufin mer, Customer will provide adequate foclitia (at no charge) for we by IKON representatives in connection with the Service of the serviced equipment haevda
within a reasonable distance of the serviced equipment Customs agrees to provide "360 degree" service access to she srnic xi cq~ ip.m Customer will provide a try
operator for the serviced equipment and will make opemtom available for instruction in use and are of The armed equipment Unksr otherwise agreed open by IKON in
writing or designated in the Applicable Service Order, all supplies for use with the scrviad equipment will be provided by the Costumer and will be available "on site" for
smiting. Customer aged that any syslemn utilizing similar supplies not be covered udcr similar inclusive spice progmms
9. fi rlv Terminafion. Crammer may mmtimtc any Seitt Order seder dtis Agreement prior m its maNrity so long as Customer b not then m defauR and provide
IXON at least shinty (30) days prior written ,write. •L-eddRt~ r>.A F "gyg ' I i tell - -
I teed
The following terms .lull apply to all Product sale tr a... crime:
10. Order. Drhyerv and Acceptance. In order to pmebaa Products from IKON hemunda, Customer will either amsme a Sala Order (in a form to be provided
and ucumd by IKON) rcfemncmg this Agroemcat, or (i) issue a valid ..it signed purchase order to IKON (ach retomd to inn this Agreement as a "Sale Order"). Each Salo
Order must identify the Products, the Product delivery load= and the applicable Product charges: err such older. The cover page m this Agreement very save as an initial
Salo Order. Unless otherwise agreed upon by both parties in writing (a) delivery of Pswiml, to mmmoa terrier o5 in the case of an am inged delivery by a local IKON
Installation vehicle, acted delivery by such vehicle to Customer shipping point, shall mustilam delivery m Customer, and (b) Customer shall be responsible for all installation,
nanespcietion and rigging experso. Customer agrees to confirm delivery of all Products mooed by this Agmemmt when the same is delivered by signing a delivery and
acceptance certificate or written delivery acknowledgement. Orders shall but be ancelable by rise Curo er following acceptance by IKON. IXON reserve the right m make
Product deliveries in lnsnBmenh. Ail Such iwtellm.ms shall be scpammly invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any
insmllment shall mtrclieve C4smmer of i[s obligation m accept mmairdng hmmllnsrnts end remitpaymetds ae invoiced by IKON, IKON Tama de right at any time N evoke
any credit amended to Customer, because of Customer's failure to pay for any Pmducu when due or for any other similar credit reason.
it. Returns: Damaped Products. No Products may be rebrosed without IKON's prior written comenL Only consumable goods invoiced within sixty days will be
considered for reNm. On authorized mums, Customer agrees to pay a restocking charge equivalent to 30% of it. purchase price. Merchandise married without wrsnm
aatlmc®tion may not be amorptd at the receiving dock and is the able respoastbility of the Customer. All nonsalkable, merchandise (that has been opened or partially used)
will be deducted from any credit due m the Customer. All claims For damaged Produces or delay in delivery shall be deemed waived unless made in writing, delivered to IKON
within dupe days after receipt of Products.
The folimviag terms shall apply to all tranused... -
12. Waranty. IKON egos to perform its Services in e pmfeaioral roamer, consistent with applicable industry standards. BOON is act the manufacturer army of
the Products. However, IKON shall transfer Be Customer any Product warramses made by the appliabk Product mamfaclurcr, to the extent mmf fable and without recourse
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IKON DISCLAIMS ALL WARRANTIES AND REPRESENATIONS, EXPRESS OR IMPLIED, OF ANY
NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, OR FITNESS FOR A
PARTICULAR PURPOSE IKON SHALL NOT BE RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THE EQUIPMENT OR THE LASS OF USE OF
THE EQUIPMENT. IKON'S TOTAL AGGREGATE LIABILITY TO CUSTOMER, IF ANY, UNDER ANY SALES ORDER OR SERVICE ORDER, SHALL IN NO
EVENT EXCEED THE TOTAL FEES PAID TO IKON THEREUNDER Customer most comply with any applicable limits. aEr eenaem or licewe terms relating to intangible
property or associated seises included in any Products, such as periodic software license and/or prepaid data base subscription rights ("Software Lic wd), whether purmsnt
to writlen, click-through, shrink-wrap in other agmcments for such purpose, with the supplier of th Software ("Softwere Supplier"). IKON has no right title or interest in my
SoRwam. Customer is solely rermmibk for catering into Software ticemea with the a Ic aK Supplier.
-+•rurty
13. Pavment• Rssk OIL,: T,,,. Payment rants arc m[•lew der If'cu. a unpaid it an ovardw, Cwmmer agora Be pay IKON a late charge of 1.5% per
nth on arty urtpaiit amount, or the maximum allowed by law, whichever is less, end in addition shall pay MON all costs and experses of collectim, or in the cafe ccuirm of
Too o rights hereunder, including, but not limited to, reasonable interval and external legal costs, whether or not suit is bmught. Ail temrdice hereunder or at law am
cmnulative; provided, however, that the sot. remedy of Customer for say Services not performed in accordance with the Service standards set forth hi this Agreement shall be
the prompt end proper repcrfirow c ofsmh scrvsces at no additional charge. Unless otherwise agreed upon by both parties in writing, Cutomsr assume all risk of then loss
or damage, no matte, how ocasi.exd, to all Produces covered by this Agreement following delivery by IKON to common carrier or, in the case of an ommgcd delivery by a
local IKON immlletion vehicle, delivery by such vehicle to Customer shipping Point Except to the correct of any applicable and validated exemption, Customer agrees to pay
any applicable taxes that am levied on or payable as a result fit. ere, sale, possession orow.mi dp of the Products anchor Service covered hereunder, other than income Naa
of KON.
n~
14. pod siestre. Customer stall raid r ign any sight or interest arising mader
ne this Agmximent rm dde obligations hereunder Prit the
sr, a,'T s print written of [ IKONON. . Any y such uch essigNncut delegation shill be void, IRON shall ll net be liable for r o to deliver outer o or delays in delivery very or Products duduhu or
i. qq
Ff' Services occssision ant edt by y agora beyond ipt IKON`x mbnONS control, including g without limsmtion strrkcs, lockout f embargoes, war or r older outbreak dclah i it orT u;,P iS
n ty(~ I metetiaB or shiMppiniRg specqreceiptof of ordem in excessof IKON's err its suppficr'sden~schedulcd p it
rod n city,tracNnery brcekdowrs, delays offc arriu ivlo` suppliem,/Y`/f///f//L//
f/' govcrnmevtal acts and reguletioos or othn nitres beyond lKOMs mnnoL
15. Gave Law Enfirc A+reement. Thu Agramcn[shell bus govcmed by endco rtil in accordance with the laws ofbhe SOm oF6eergm. The
parties hereto also agree to submit Be the nonexclusive jurisdiction cribs mum of the $mm of resolve any action miler this Agreemcm This Agreement ..nstiNmr
Hit entire agreement between the parties and may rot be amended except in writing signed by an officer or authorized mp ssatative of IKON. All Saks Orders mad Service
Orders shall be govemed solely by the terms and conditions of this Agreement, notwithstanding the inclusion of eny additional or different terms mud conditions in any order
document army (rind issued by Customer at any time, PURCHASE ORDERS ISSUED BY CUSTOMER FOR PRODUCTS AND/OR SERVICES FROM IKON, EVEN IF
THEY DO NOT EXPRESSLY REFERENCE OR INCORPORATE THIS AGREEMENT, SHALL BE SUBJECT TO THIS AGREEMENT AND SERVE ONLY TO
IDENTIFY THE PRODUCTS AND/OR SERVICES ORDERED AND SHALL NOT HE DEEMED TO ALTER OR OTHERWISE MODIFY TFIE TERMS AND
CONDITIONS OF THIS AGREEMENT. IKON may accept or reject any order in rte exercise of in dumction and may rely upon cash older submitted by Customer as a
binding commitment. No local, general or mile easmm or usage or course of prior dealing between the parties shall be mlevent to supplement err eaplain any tern wed herein.
This Agreement and any Sales Orders or Smica Orders may be cx cubed in one or tare murierpmts whkh, taken together, shall constitute one and the ante original
document.
Mill P UNARM is 11 ill
Rev. OWE 3 IKON Sales Forms
VOL o1I PAGE"
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VOL la l PAGES
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: June 9, 2009
ITEM: Request from Wickson Creek Special Utility District to construct a 30 ft road bore for
water line installations in the right of way of Steep Hollow Road approximately 1,200 feet from its
intersection with Green Branch Loop. Site is located in precinct 2.
SOURCE OF FUNDS: N/A
REOUIREMENTS:
1. No work will be permitted between front slope and/or back slope.
2. All installation(s) shall be constructed in designated utility easements, if applicable. If no
utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-
of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test
shall be conducted by an independent geotechnical testing firm; copies of all test results shall
be furnished to the office of the Brazos County Engineer.
5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways published by the Texas Department of
Transportation, and all other State and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVES:
SUBMITT D BY: AP/PRflVED
Richard F. Vance, P.E. Commissioner E. Duane Peters
County Engineer Precinct 2
CC2009-027
This Request is A prow //Denied ❑ by Commissioners' Court
Date: L*ILN
Randy S' s, County Judge
VOL I al PAGE
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VOL 1 PAGE f
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803 .
Formal notice is hereby given that (applicant) Wickson Creek Special Utility Di trict
proposes to place a (type) waterline within- across- x the right-of-way of
(road) 4TFEPHOLL0W ROAD in Brazos County, Texas as follows.
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice.
I understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector, may
inspect the actual installation.
2. All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same
become necessary due to widening or lowering, or other alteration of
the roadway or right-of-way.
4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. The line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24")
lower than the lowest part of the drainage a, bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7. All sites will be barricaded during the construction period
Construction of this line will begin on or after thej_Q_tday Of JUNE 2009
~f ~,a1D Firm: Wick n Creek 5 ecial Utility District
\\II ~ ~ By:
O\ Title' General Manager
Address, B. 0. Box 4756
Bryan, Texas 77805
Phone. 979-589-3030
APPROVED BY COMMISSIONERS'
COURT ON:
Date
Randy County Judge
VOL a PAGE 36
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: June 9, 2009
ITEM: Request from Wickson Creek Special Utility District to construct a 26 ft. road bore for
water line installations in the right of way of Pine Tree Road approximately 0.4 mile from its
intersection with FM 974. Site is located in precinct 2.
SOURCE OF FUNDS: N/A
REQUIREMENTS:
1. No work will be permitted between front slope and/or back slope.
2. All installation(s) shall be constructed in designated utility easements, if applicable. If no
utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-
of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's
responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way.
4. Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test
shall be conducted by an independent geotechnical testing firm; copies of all test results shall
be furnished to the office of the Brazos County Engineer.
5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic
Control Devices for Streets and Highways, published by the Texas Department of
Transportation, and all other State and Federal laws governing utility construction.
NOTES/EXCEPTIONS:
ACTION REQUESTED OR ALTERNATIVES:
SUBMITT D BY: A VED
Richard F. Vance, P.E. Commissioner E. Duane Peters
County Engineer ' Precinct 2
CC2009-028
This Request is A proved / Denied ❑ by Commissioners' Court
Date:
Randy Si , County Judge
VOLIa~ PAGE
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VOL I oll PAGE
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
Formal notice is hereby given that (applicant) Wickson creek special Utility District
proposes to place a (type) waterline within- across_Y the right-of-way of
(road) PINETREE ROAD in Brazos County, Texas as follows:
The location or description of the proposed installation is more fully shown by 3
copies of the drawings attached to this notice:
understand and agree that:
1. The County Engineer must be notified 72 hours prior to the beginning
of construction in order that he, or his designated inspector, may
inspect the actual installation.
2. All damage to the roadways and rights-of-way will be repaired to their
original condition to the satisfaction of the County Engineer.
3. Brazos County reserves the right to require Applicant to relocate or
lower any such line at no cost to Brazos County, should same
become necessary due to widening or lowering, or other alteration of
the roadway or right-of-way.
4. Brazos County will in no way be responsible for any damage which
might occur to any existing utility lines in the right-of-way.
5. The line will be constructed and maintained on the County right-of-way in
accordance with the Utility Accommodation Policy which was adopted by the
Texas Department of Transportation on May 29, 1989.
6. The line or lines will be constructed no less than twenty-four inches (24")
lower than the lowest part of the drainage or bar ditch and the drainage is to
be considered at least two feet (2') below the center of the roadway.
7, All sites will be barricaded during the construction period.
Construction of this line will begin on or after the _LDday of 7uNE 2084.
I"f f~~lU
Fill Firm: Wick on Creek Special Utility District
S
y^ 1 d Title: General Manager
IrCf
Address: P. o. Box 4756
Bryan, Texas 77805
Phone: 979-589-3030
APPROVED BY COMMISSIONERS'
COURT ON:
Date
Randy Sims ounty Judge
VOL Ia-IPAGE ZO