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HomeMy WebLinkAbout2009-11-24-9:00AM-REGULAR' iTGV 20 P 2- 29 BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA ,rtLl y G 7U +�I BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 24 NOVEMBER 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 Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 22: 3. Budget Amendment 09/10 - 7.1 thru 7.2. 4. Personnel Change of Status. 5. Acceptance of a Special Warranty Deed from Roberto Edmundo Garcia and wife, 7osie C. Garcia for improvements to Dick Elliott Road located in Precinct 2. 6. Payment of Claims. 7. Copier Lease Agreement with Xerox for Magistrate Court #1. 8. Copier Lease Agreement with Documation for the Magistrate Court #2. 9. Proposed Brazos County Animal Control Ordinance. 10. Resolution 09 -020 approving the annual budget for the Brazos County Emergency Communications District Office of the County Judge • 200 South Texas Ave. . Suite 332 . Bryan, Texas 77603 . Fax: (979) 361-4503 Vol. I a 9 Pg I Commissioners Court Agenda 24 November 2009 Page 2 11. Revisions to the Brazos County Holiday Policy as follows: a. Section 2 03.4 Holiday on Day Off If a designated holiday falls on an eligible employee's day off, the employee should be allowed to take another day off with pay either 30 days before or after the holiday. b. Section 2 03.5 Working During Holidays ...If an employee works on a holiday they shall be given another day off in its place to be taken with pay either 30 days before or after the holiday.... 12. Tax Refund Applications for the following: a. Prosperity Bank b. First Victoria National Bank c. 4272 Bird Pond LLC d. BAC Tax Services Corp. e. Emma J. Salvaggio f. Britt J. Loudermilk 13. Commissioners Court minutes for the following 2009 dates: a.. 13 October Regular Meeting b. 20 October Regular Meeting c. 22 October Workshop Session d. 23 October Workshop Session e. 27 October Regular Meeting f. 29 October Workshop Session 14. Permission to accept donated property in the form of a 1998 Ford Van and assignment of this vehicle to the Brazos County Sheriff's Office (VIN 41FTSE34L7WHA2319). 15. Permission to award Bid 2010 -10, Asphalt, Oil and Emulsion, as follows: Primary: Martin Asphalt - AEP Ergon -CRS -2 and SS -1 Secondary: Cleveland - AEP Cleveland Asphalt - CRS -2 and SS -1 16. Permission to advertise Bid #2010 -14, Installation of Cabling at Jail Addition. 17. Manual Requisition in the amount of $200,827.90 to Commercial Truck Group for the purchase of two (2) 2010 Hino 338 Cab and Chassis with dump beds and one (1) Cab and Chassis for a water truck for the Road & Bridge Department. 18. Final Plat of Indian Lakes Subdivision Phase I, Lot 5 -R2, Block 9 being a replat of Lot 5A -R and Lot 513-R, Block 9 Indian Lakes, Phase I, as recorded in volume 8123, page 139 (Brazos County Official Records), 3.654 acres, J. M. Barrera survey, A -69, (City of College Station ETJ) Brazos County, Texas. Site is located in Precinct 1. 19. Request from OSR Water Supply Corporation to construct parallel water line installations in the right of way of Muscatel Road (Grapevine Addition); nearest intersecting road is Grapevine Drive. Site is located in Precinct 4. Vol. lag Pg. 10 Commissioners Court Agenda 24 November 2009 Page 3. 20. Correction to the cover page and associated agenda item for #30 on the 11/03/09 agenda to omit "Phase 2;" correct agenda item is Final Plat of Aggieland Business Park II, Lot 1 Block 1, 5.497 acres, J. H. Jones survey, A -26, (City of College Station ETJ) Brazos County, Texas. Site is located in Precinct 4. 21. Request for permission to enter Roberto Garcia's property located off Dick Elliott Road for the purpose of re- working a drainage channel for the health; safety and welfare of the general public. Site is located in Precinct 2. 22. Request for permission to enter Frank Merka Estate property located off Merka Road for the purpose of clearing approximately 500 feet of right of way and fence line at a curve to create better sight distance for the health, safety and welfare of the general public. Site is located in Precinct 2. 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. Agency / Board / Committee reports by Court members. 26. Adjourn Vol. Commissioners Court Agenda 24 November 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 me 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 decomm 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 da s before the meeting. To ipake arrangements, please call (979) 361 -4102. Vol. I � pg. l oC COMMISSIONERS' COURT REGULAR MEETING NOVEMBER 24, 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, November 24, 2009 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. The Reverend Jones gave the invocation and Commissioner Cauley then led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #09/10 -7.1 through 7.2 that would reallocate funds for the Brazos Center and Jail Expansion 2007. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted. A copy of each Vol I 9 q — Page 13 Commissioners Court meeting November 24, 2009 amendment is attached. 2 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 acceptance of a Special Warranty Deed for right -of -way on Dick Elliott Road in Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Roberto Edmundo Garcia and Wife Josie C. Garcia for the expansion and improvements to Dick Elliott Road. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7068487 through 7068770 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a copier lease agreement with Xerox for the office of Magistrate Court #1. The term of the lease agreement is 36 months at a Vol 12 y Page 14 Commissioners Court meeting November 24, 2009 3 cost to Brazos County of $319.54 per month. On motion by Commissioner Wassermann, seconded'by Commissioner Cauley, the Court voted unanimously to approve the lease agreement and authorized the County Judge to execute the document. A copy is attached. The Court next considered a copier lease agreement with Documation for a Ricoh MP 3350SPF copier for the office of Magistrate Court #2. The term of the agreement is for 60 months at a cost of $190.00 per month. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the copier agreement and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was the proposed Brazos County Animal Control Ordinance. On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to table consideration to allow review of changes submitted by legal counsel. The Court next considered Resolution 09 -020 approving the FY2010 budget for the Brazos County Emergency Communications District. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt Vol 1 a1 Page 15 d Commissioners Court meeting November 24, 2009 4 Resolution 09 -020 approving the FY2010 budget for the Brazos County Emergency Communications District. A copy is attached. The next matter before the Court was consideration of revisions to the Brazos County Personnel Policy Manual to read as follows: Section 2.03.4 Holiday on Day Off If a designated holiday falls on an eligible employee's day off, the employee should be allowed to take another day off with pay either 30 days before or after the holiday. Section 2.03.5 Working During Holidays If an employee works on a holiday they shall be given another day off in its place to be taken with pay either 30 days before or after the holiday. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the revisions to the personnel policy manual. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Prosperity Bank, over payment $266.19 b. First Victoria National Bank, over payment $498.02 c. 4272 Bird Pond LLC, over payment $101.88 d. BAC Tax Services Corp., over payment $499.99 e. Emma J. Salvaggio, over payment $26.09 f. Britt J. Loudermilk, over payment $256.89 Vol i a Page 1 (e Commissioners Court meeting November 24, 2009 E On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of the minutes of the Commissioners' Court meetings held in October 2009 on the following dates: Regular Meetings - 13th 20 th 27 tH Workshop Sessions - 22 n 23 rd 29 th On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the minutes as submitted. The Court next considered authorizing acceptance of donated property from the Walker County, Texas. The Sheriff's Office has been offered a 1998 Ford Van VIN #1FTSE34L7WHA2319. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the donated property. This action cleans up an agreement with Walker County from years ago involving the Brazos Valley Narcotics Task Force. The title was in Walker County's name. The Court next considered the awarding Bid 2010 -10, Asphalt, Oil and Emulsion. Charles Wendt, Assistant Purchasing Agent made the following recommendations: Vol I a 2 Page 1 Commissioners Court meeting November 24, 2009 6 Primary - Martin Asphalt - AEP Ergon- CRS -2 and SS -1 Secondary - Cleveland - AEP Cleveland Asphalt - CRS -2 and SS -1 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and awarded the bid as noted above. A copy of the bid tabulation is attached. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2010 -14, Installation of Cabling at Jail Addition. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for the installation of cabling at the Jail Addition. The Court next considered approval of a manual requisition in the amount of $200,827.90 for the purchase of two (2) 2010 Hino 338 Cab and Chassis with dump beds and one (1) Cab and Chassis for a water truck. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered approval of the Final Plat of Indian Lakes Subdivision Phase 1, Lot 5 -R2, Block 9 being a Vol I L 1 9 Page 17 Commissioners Court meeting November 24, 2009 7 Re -plat of Lot 5A -R, and Lot 5B -R Block 9 Indian Lakes, Phase 1 located in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the final plat of Indian Lakes Subdivision Phase 1, Lot 5 -R2, Block 9 being a Re -plat of Lot 5A -R, and Lot 5B -R Block 9 Indian Lakes, Phase 1 as submitted. The Court next considered the request from OSR Water Supply Corporation to construct parallel water line installations in the right -of -way of Muscatel Road in the Grapevine Addition near the intersection of Grapevine Drive. The site is located in Precinct 4. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request from OSR Water Supply Corporation and authorized the installation. A copy of the request is attached hereto. The next matter for consideration was to correct the cover page submitted with the Final Plat of Aggieland Business Park II that was an agenda item for the November 3, 2009 Commissioners Court meeting. The cover page that accompanied the original request stated "Final Plat of Aggieland Business Vol )�� Page I I Commissioners Court meeting November 24, 2009 8 Park Phase 2; the plat is titled "Final Plat Aggieland Business Park II, Lot 1, Block 1, 5.497 Acres, J.H. Jones Survey, A -26 (City of College Station ETJ) Brazos County, Texas. The site is located in Precinct 4. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the correction to the cover page. 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 Roberto Garcia on Dick Elliott Road in Precinct 2 to rework a drainage channel. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Frank Merka Estate on Merka Road in Precinct 2 to clear out approximately 500 feet of right -of -way and fence line at a curve to create better sight distance. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. Vol 1a Page a 0 Commissioners Court meeting November 24, 2009 9 Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Said the High Speed Rail Meeting will be in Commerce, Texas on December 15, 2009. He said that he would not be present for Court that day. Commissioner Wassermann a) Said he would like to see the culvert /mailbox policy back on the agenda. Under citizen input and /or concerns, the following spoke: Sheriff Chris Kirk a) Said he had no report today. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) He attended the Brazos Valley Groundwater Conservation Meeting yesterday and updated the Court on the agenda. The District amended a negotiated settlement yesterday. He said he was concerned about changing a negotiated settlement. Commissioner Wassermann a) The IGC Animal Ordinance Committee met with the City of College Station yesterday and they submitted the ordinance for their approval. Bryan, College Station and Brazos County are all very close to adopting new animal ordinances. Vol id - 0 Page 2-L Commissioners Court meeting November 24, 2009 10 There being no further business to come before the Court, the meeting was adjourned. Vol p-� Page a;)' The foregoing minutes of the Commissioners Court meeting held November 24, 2009 have been examined and are approved in open Court this the day of 2010, in Bryan, Brazos County, exas. N� Randy Si Rs Lloyd Wassermann County udge Commissioner, Precinct 1 - Duane Peters Commissioner, Precinct 2 Kenny Malla3c'd Commissioner, Precinct 3 a.rma c Commissioner, r cinct 4 Attest: Karen McQueen County Clerk Vol I a Page ;.3 BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2009 @ 0 C Tj1. PAGE / oV Vol. I a � P9• d N IWI gW PAGE / oV Vol. I a � P9• d N BRAZOS COUNTY COMMISSIONERS COURT Meeting on A Av*?,gj. ? 2009 @ Name I Organization / Department PAGE _ ? of ;2, 02.5 Vol. I c2 I Pg. 'tLq BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 7.1 thru 7.2 On this the 24�' day of November 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. 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 24 November 2009 the Court heard and approved a budget amendment for the 2009 -2010 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 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 24 day of November 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. M Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes il d� Vol. °� Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 7.1 11/2412009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 65050000 CR Building Maintenance 704.00 0100 36500100 65400000 CR Grounds Maintenance 704.00 0100 36500100 67281000 DR Equipment - Electronic 1,408.00 Brazos Center To reallocate funds to allow for the purchase and installation of an outside security camera to monitor the Landscape shed. Security camera recommended by the Sheriff Department. w iRr" epa 'eWBy 11/1912009 Vol. pg.._ — BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 7.2 11124/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4308 63430800 80130000 CR Building - Sheriff Jail 2,502.00 4308 63430800 60360000 1 DR Furniture 2,502.00 Jail Expansion 2007 To reallocate funds to allow for the purchase of furniture for the Low Risk Facility to properly account for the expenditure in the correct account. Date m ME 9 vol. /a 7 Pg. g PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 24, 2009 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests t [ Department Submitting Employee Request Action Requested Request(s) Applies To 85 District Court Glenn, James Transfer to Another Dept. Tyler, Steve New Hire Brazos Center Gallagher, Colby Termination County Auditor Lockledge, Cynthia Changed from part- time to temp Juvenile Services SO Admin Goosby, Johnnie Hampston, Ronnie Pineda, Yvonne Taylor, Van Williams, Willie Wilson, Michael Approved in Commissioners' Court: November 24, 2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. ja New Hire Promotion New Hire Termination Promotion Cell Phone Allowance Pg. a 17 985 -L2- PHOTOCOPIER LEASE AND RENTAL 05/2009 THRU 08/2010 985 -L2 For Further information contact the Contract Management Team at (512) 463 -3034 or e-mail at tpass cmo @cpa.state.tx.us NOTE: The products listed are for the use by eligible State of Texas entities ONLY and are not for personal purchase or purchase by commercial entities. collapse all sections I eland all sections Ei General Contract Information • Section 1 - CONTRACT INFORMATION • A. DESCRIPTION OF CONTRACT: 965 -L2 - LEASE AND RENTAL OF DIGITAL DUPLICATING • EQUIPMENT, MAINTENANCE AND SERVICE - INCLUDES ALL CONSUMABLES (TONER, • STAPLES, ETC.) EXCEPT PAPER. • B. TERM OF THE CONTRACT: April 9, 2009 through August 31, 2010 • RENEWAL OPTIONS: Four (4) one -year periods: • September 1, 2010 through August 31, 2011 • September 1, 2011 through August 31, 2012 • September 1, 2012 through August 31, 2013 • September 1, 2013 through August 31, 2014 • C. CONTRACT MANAGEMENT: • Questions concerning terms and conditions may be directed to the TPASS • Contract Management Office at: tpass cmoMcpa.state.tx.us • D. SPOT PURCHASE OPTION: NONE • E. CORE items are listed on this contract utilizing the 11 digit commodity ' • number. • CORE ITEM ORDERING PROCEDURES:Until such time as the contract is available through • TxSmartBuy, orders should be placed through Impala /Te1Net /Vax system. • • For customers who do not have access to the Impala /Te1Net /Vax system for Vol. I e� pg. '30 • on -line entry, please complete the Term Contract Purchase Requisition Form and for Cooperative Purchasing Members - Co -op Requisition Form which can be downloaded at the links below.: Procurement Forms Library - State Agencies /Higher Ed Forward form by e -mail to open.market @cpa.state.tx.us or fax to 512- 475 -0707 ' Coop Forms Library Cooperative Purchasing Members - Please forward the form by e -mail to coop @cpa.state.tx.us or by fax to 512- 936 -2667. NOTE for XEROX Orders: At the direction of the Xerox Representative, include Clause No. 130 - Xerox Companies: Dahill Clause No. 131 - Xerox Companies: Denitech Clause No. 132 - Xerox companies: E1 Paso Triad F. CATALOG Items with associated pricing is provided through this contract and are provided on each Contractor's Catalog Listing. XEROX CATALOG CANON CATALOG Customers should consider consulting the Xerox and Canon sales representatives to determine individual requirements. Contact information can be located at the end of this contract. CATALOG ITEM ORDERING PROCEDURES: Until such time as the contrac is available through TxSmartBuy, orders for catalog items should be placed using the CPA Non - Automated Purchase Order form. a. CPA Contract No. 985 -L2 �b. NIGP Class /Item (5 Digit) per line item on the order c. Agencies other than "State of Texas Agencies" must include on the • purchase order the following statement: "This lease or rental will be • governed by the terms and conditions of TPASS contract #985 -L2". Vol. a� Pg. �I • The Non - Automated purchase order form can be found at: • CPA NON- AUTOMATED PURCHASE ORDER • TxSmartBuy: When the contract is available through TxSmartBuy, the Catalog • Items must be processed through the TxSmartBuy System utilizing the "add • quote" function. • G. DELIVERY SCHEDULE: • Contractor has 30 days after receipt of order (ARO) to make complete in -housE • delivery, installation and set up of the equipment. • All deliveries shall be F.O.B. destination to the location(s) specified on • the purchase order. Unit pricing is inclusive of all freight; delivery /handling • fees; fuel surcharges and any other applicable fees /charges. Each item or • delivery must be clearly marked with the complete destination address and the • purchase order number. Each delivery must be accompanied by a packing slip, • delivery ticket and install paperwork. • Hours of Delivery: Delivery will be made during the hours of 8:00 am to 5:00 pm • unless prior Customer approval for after -hours delivery has been obtained. • Contractor is encouraged to obtain the Customer's hours of operation at • receipt of order. • Late Delivery Charge: The Customer may charge the Contractor a fee of $50.00 • per day per purchase order for deliveries past the 30 -day requirement, unless • the Customer agreed to an alternative delivery date. The Customer may deduct • any accumulated late delivery fees prior to payment of the invoice. Late fees • will not be assessed if the Contractor has obtained prior written approval • from the Customer for delivery, or if arrangements have been made with the • Contractor for a loaned copier with like technical abilities. • • NOTE: A contractor providing equipment which does not meet all specifications Idl Vol. pg. • • • • • • and requirements does not constitute delivery, and the late fee will apply until the Contractor delivers the equipment in full compliance with the specifications and requirements to Customer's destination. SPECIAL NOTE FOR CANON: Rigging charges will be based on actual quote at time of service for delivery to locations /buildings which do not have easy access for bringing equipment in and which require special handling to get to installation point. Call the Canon representative to obtain this quote. This will be added to the TxSmartBuy order through the "add quote" process. H. INSTALLATION AND TRAINING: Equipment installation and the training of at least three (3) operators of a photocopier are included in the lease pricing and includes in -house delivery, full installation and set -up. Training includes demonstrations and instructions on the proper operation of the equipment. The Contractor shall provide a factory trained representative to sufficiently and adequately train personnel in the use of the equipment, as needed by Customers. The Contractor shall coordinate training dates with the Customer. The Contractor shall provide additional training sessions upon request of the Customer, at no charge. After installation, the Contractor is responsible for removal of all waste packaging materials. I. LEASE OPTION: TERM OF LEASE: A lease may consist of initial new placement orders or renewal orders of unitS initially installed under the Contract. Three (3) months prior to expiration of lease, the Contractor must provide the Customer with options to upgrade the equipment. 1. 36 Month Lease: A 36 consecutive month equipment plan that is not a lease I a 33 Vol. Pg•-�"_ _ • purchase plan which shall terminate on the ending date of the 36 month period. • No termination notice shall be required by either party if the full lease • period is uninterrupted. • 2. 48 Month Lease: A 48 consecutive month equipment plan that is not lease • purchase plan which shall terminate on the ending date of the 48 month period • No termination notice shall be required by either party if the full lease • period is uninterrupted. • 3. 60 Month Lease: A 60 consecutive month equipment plan that is not a lease • purchase plan which shall terminate on the ending date of the 60 month period. • No termination notice shall be required by either party if the full lease • period is uninterrupted. • J. LEASE - CANCELLATION /TERMINATION: • Customers may cancel any part of the lease for cause under any one of the • following circumstances and must provide the Contractor with a written notice • 6o days in advance: • 1. The Contractor fails to make delivery of equipment or services as specifiED • in the Contract. • 2. The Contractor fails to perform any of the provisions of the Contract. • • 3. Equipment fails to perform as represented by the Contractor. • • 4. The loss of continued appropriation of funds. If funding is not appropriated • for any payments under the Contract, the Customer shall notify the Contractor • . in writing and the payment obligations under the Contract shall terminate • and the equipment returned to the Contractor as of the date that the funding • expires. The Contractor shall remove the equipment at no additional charge. • If cancellation should occur under this section, the Contractor shall refund • in full any unused portion of the prepaid lease payment beginning on the 3� Vol. I Pg. • • • • • • • • effective date of the cancellation. K. LEASE EXPIRATION /RENEWAL: 1. Leases shall terminate upon completion of the specified lease term and be defined by the Customer's written statement of acceptance date. 2. Upon the conclusion of the 36, 48, or 60, month lease, the Customer must take action to have the equipment removed by providing the Contractor a 30 day written notice prior to the end of the lease period. 3. Upon mutual agreement with the Contractor, the Customer shall have the option to continue the lease of the equipment for the same term and rate as the current lease by providing a 30 day written notice prior to the end of the lease period provided the following conditions are met: a. Prices are equal to or below that specified for like equipment availabLE on CPA State Contract. b. Terms and conditions of the extension must be identical as those of the initial lease. c. Customer may extend lease up to the term of the initial lease period. During the extended lease, the Customer may cancel, without cause or penalty, upon 60 days written notice to the Contractor. d. The Customer will not pay installation or removal charges. Any such charges are included in the unit pricing. It is the sole responsibility of the Contractor to install and remove the equipment from the premises. Equipment must be removed within fourteen (14) calendar days. The Customer will not be responsible for any damages after this time period. L. RENTAL OPTION: In addition to all leasing terms and conditions in this contract, a Rental option is available. Vol. I d-I Pg 3 5 • • • • • • Rentals may consist of initial new placement orders or renewal orders of units initially installed under this contract. Terms apply only to equipment acquired under the Rental price schedule. The rental price schedule is for any period up to 36 month term. M. RENTAL TERMINATION /CANCELLATION: The rental agreement can be cancelled, without penalty, with 30 days written notice. Any part of the rental may be cancelled for cause under any of the following circumstances: 1. The Contractor fails to make delivery of goods or services as specified in this Contract. 2. The Contractor fails to perform any of the provisions of this Contract 3. Equipment fails to perform as represented by the Contractor. 4. The loss of continued appropriation of funds. If funding is not appropriated for any payments under the Contract, the Customer shall notify the Contractor in writing and the payment obligations under the Contract shall terminate . .and the equipment returned to the Contractor as of the date that the funding expires. The Contractor shall remove the equipment at no additional charge. If cancellation should occur, the Contractor shall refund, in full, any unused portion of the prepaid Rental payment. The CPA encourages customers not to misuse and /or abuse the 30 day cancellation. The CPA will make the sole determination of misuse and /or abuse. The customer will provide the Contractor a 30 day written notice that the equipment will not be renewed. N. CONVERTING RENTAL TO LEASE: vol. -�_... pg — • Customers may coordinate with the Contractor to convert the rental equipment installed under this contract to a 36, 48 or 60 month lease at any time. If the lease option is exercised all lease pricing and terms will apply for the term selected: 36, 48 or 60 months. O. EQUIPMENT REMOVAL: After notification by Customer of cancellation, it is the Contractor's sole responsibility to properly prepare the equipment for removal and shipment from the Customer's location in accordance with the contract. The final removal shall be coordinated with the Customer and completed within the 30 or 60 day cancellation period. P. ENVIRONMENTALL SENSITIVE PRODUCTS: All copiers are ENERGY STAR compliant and UL Certified. SECTION 2 - FINANCIAL MATTERS A. PURCHASE ORDERS. INVOICES AND ACCEPTANCE: Only purchase orders issued through the approved CPA purchasing system and as outlined in Section 1(E) and Section 1(F) are eligible for Contract pricing. B. INVOICES: The Contractor shall mail, fax or e-mail invoices to the Customer upon mutual agreement. Invoices shall contain the following information: *Purchase order number *Model and serial number * "From and to" billing period *Meter reading for the referenced billing period C. PAYMENT: Payment for leased equipment will be processed upon the satisfactory completion of delivery, installation, training and acceptance. Payment terms of each lease Vol. — °— Pg. �7 • • shall be monthly only. Payment will be made in arrears in accordance with Texas Government Code Title 10, Chapter 2251, 1 TAC 114.15. Customers shall make payments to the Contractor in accordance with the laws and rules applicable to the Customer. D. INSPECTION AND ACCEPTANCE: The CPA reserves the right to inspect or test any equipment, supplies or services that have been offered through this Contract. The Customer may require repair or replacement of nonconforming equipment /supplies at no cost. if repair, replacement, or re- performance will not correct the defects or is not possible, the CPA and the Customer may seek an equitable agreement with the Contractor to alleviate the situation, including replacement of defective equipment, price reduction or adequate consideration for acceptance of nonconforming equipment or supplies. In any circumstance, such mutually accepted agreements shall be in writing. Section 3 - SERVICE REQUIREMENTS: A. CONTRACTOR RESPONSIBLITIES: Contractors shall provide both remedial and preventive maintenance /service for all units offered under the Contract. The cost of this maintenance /service is included in the quoted monthly maintenance prices. At a minimum, such service is to include the following: 1. On -call remedial service, including replacement of all unserviceable parts. 2. Preventive service based upon the manufacturer's recommended schedule and the manufacturers specific preventive service requirements for the individual unit, including lubrication, necessary equipment adjustments and replacement of all unserviceable parts. 39 Vol. I d, 9 Pg. • • • 3. Repair or replacement of all broken or defective parts not caused by accident, neglect, misuse, or abuse and all necessary machine adjustments occasioned by such defective or broken parts. The Contractor must promptly repair or replace on a one for one basis without additional cost to the Customer. The Contractor is responsible for pick up and /or delivery of units that require off -site service. In addition, if the required service can not be completed within 48 hours, the Contractor is required to loan the Customer a comparable unit upon request, at no cost to the Customer. The Customer may request down time credit for the period the equipment is inoperable. 4. Service response for on -site service repair calls shall not exceed four (4) hours in urban areas and eight (8) hours in rural or remote areas. Service is to be performed during normal working hours, 8:00 A.M. to 5:00 P.M., Monday through Friday. Fully trained and qualified technicians shall perform all service and shall be prepared to initiate repairs within the required response time. - 5. All parts are included in the Contractor's service coverage. These items are parts and not considered consumable supplies. These include but are not limited to: a. Drums b. Photoreceptors c. Master Units d. Wiper Blades e. Lamps f. Rollers g. Webs h. Etc. The contractor must have on hand an adequate supply of repair parts, which enables the Contractor to fulfill service requirements as required and be carried in stock within the state of Texas. B. RISK OF LOSS OR DAMAGE: Vol. • • • • • • • • • The risk of loss . or damage remains with the Contractor. The Customer shall be relieved from risks of loss or damage to all equipment leased or rented during the period of transportation, installation, and during the entire term the equipment is in the possession of the customer, except when loss or damage is due to fault or negligence of the Customer. The CPA will make the sole determinATION if exception is granted.. D. MISCELLANEOUS REQUIREMENTS: 1. Manuals containing operating and service instructions for the equipment sha1L be delivered with each unit. The manual(s) should be as detailed as possiblE outlining all operating instructions for each unit delivered. Necessary warnings and safety precautions shall also be included. 2. Engineering Change: When a manufacturer of the equipment on Contract releasES engineering changes at no cost to the general trade that improves the performance of the equipment bid, and while the equipment is still under lease or rental, the Contractor must make the improvements to the equipment unless the Customer declines the improvements. Contractor must maintain and install equipment to include all released engineering changes at a current level at no increase in cost to the state. All safety enhancements must be installed per manufacturer's specifications without option. 3. Substitution of Equipment: Alterations in product manufacturing fabrication or delivery of substitute models requires written approval of CPA. Proposed substitute equipment must meet or exceed specifications /requirements. Section 4 - EQUIPMENT REQUIREMENTS AND CATEGORIES A. EQUIPMENT PERFORMANCE AND STANDARD BASIC REQUIREMENTS: All photocopiers shall meet the following basic requirements as well as any Vol. 1 a 1 p 40 • • • • • • applicable requirements stated in the Color Copier categories. 1. Initial machine warm up time: 10 minutes or less. 2. Maximum first copy speed: 10 seconds or less 3. Units are designed, engineered and marketed as capable of routinely producing photocopies throughout the applicable volume range. 4. Units are equipped with the standard number of paper trays and other accessories as normally supplied in the industry as well as any additional supplemental equipment, or accessories as required in order for the unit to meet the technical and functional requirements. S. All equipment is Energy Star Compliant. 6. All equipment in all categories include reduction and enlargement. 7. Duplexing is to occur without operator interventions. B. Finisher is capable of finishing unlimited sets up to the dialing capacity of the quantity selector - without reprogramming or reinitiating the task. Excludes adding paper and removing finished sets. 9. All equipment including sorter /stapler finisher have the capability to staple 30 to 50 sheets for listed ranges. 10. All digital equipment, when using an automatic document feeder (ADF), maintains a minimum of 90%� rated speed of the equipment. This refers to the scan once, print many technology. Vol. ( M Pg. 4 1 RENTOR: DOCUMATION, Inc. offices San Antonio • Austin • Bryan /College Station Kerrville • The Woodlands • Dallas/Ft Worth • Waco Business Technology Integration. 868- 201 -8431 DOCUMANAGE RENTAL MASTER AGREEMENT CUST OMER - Bill To Full Customer Legal Name Contact Person Installation Site Key Operator Brazos County of dba Magistrate 2 Street Address Title Title Box/SunelRouling Telephone # Telephone # city State 7jp Code Facsimile # Facsimile # Bryan TX 77803 Installation Address (if different from above) email email E QUIPMENT RENTAL • • ouanti Make Item Description or Accessories 1 Ricoh MP 3350SPF w /finisher 2 3 4 5 6 $190.00 =zM1 60 • • • $0.00 Monthly Quarterly 3,334 • $0.01200 0 • - $0.00000 0 • - $0.00000 0 • - $0.00000 Copier Engine Consumable Supplies Included Unless Otherwise Indicated. Excludes Throughput Stocks 8 Staples. Excludes Fax Supplies 8 Service. BLACK Supplies Included ❑ No COLOR Su lies Included ❑ No AGREEMENT NUMBER All amounts exclusive of applicable taxes. SALES REPRESENTATIVE THIS AGREEMENT CANNOT BE TERMINATED EARLY. Joe Carver Terms and Conditions on reverse side. Other Agreed Upon Addendum(s) Include: p B � Fax email • • Ad Company Name: Brazos County of dba Magistrate 2 Renter. DOCUMATION, Inc. By (Please Pnnt): B y : Signature: Signature: title: Date: nos: Cor orate Officer Date: GUARANTY The undersigned unconditionally jointly, and severally, and personally guarantee prompt payment of all the Customer's obligations. The Renter is not required to proceed against the Customer or enforce other remedies before proceeding against me/us. I /we waive notice of acceptance and all other notices or demand of any kind to which Me may be entitled. I /we consent to any extensions or modification granted to the Customer and the release and/ or compromise of any obligations of the Customer or any other guarantors without releasing me /us from mylour obligations. This is continuing guaranty and will remain In effect in the event of my /our death and may be enforced by or for the benefit of any assignee or successor of the Renter. Me agree all jurisdiction and costs reimbursements as stated in the terms and conditions on the reverse also apply to me /us. By (Please Print): By (Please Print): Signature: Date: Signature: Date: DELIVERY AND ACCEPTANCE Equipment has been received, put In use, Is In good working order and Is story. All cip and to t nowledged and are now irrevocable and unconditional. By (Please Print): Title: Li:J J Signature: Date: New Ideas, New Solutions. SPECIAL TERMS AND CONDITIONS Reference #14 - The Customer will be in default if the customer does not pay amounts due to Rentor within thirty (30) days of receipt of invoice. Reference #15 — This agreement is governed by Texas law and venue is Brazos County, Texas. Reference #15 — Customer does not waive trial by jury. Reference #18 — Customer does not waive any rights and remediesgranted customer under Sections 2a508 through 2a522 of the UCC. FINAL ACCEPTANCE IS AT THE SOLE DISCRETION OF A DOCUMAnoN CORPORATE OFFICER. CUSTOMER ACCEPTANCE Company Name: a - 1 I DO CUmATION ACCEPTANCE DOCUNIATION OF East Te res, Inc. By (Please Print): I By: Signature: Signature: Tine: (6,-. Data: Title: Corporate Officer Date: 1 a P --- Vol. __.-- �• - Zso ° °e T. RENTOR: DOCUMATION OF EAST TEXAS, INC. �,0 4700 Elmo wee St Rd., Suite 108 College S 9O, Tx 0 T. 979.731.850.8500 New ideas, New Solutions. F. 979.731.8588 DOCLIMANAGE RENTAL AGREEMENT ADDENDUM to the RENTAL AGREEMENT originally signed by Customer on I_ /_with a Rental Payment of 1. CUSTOMER COVENANTS. Customer covenants and warrants: A. It has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the payments scheduled to come due and to meet its other obligations under the Agreement and such funds have not been expended for other purposes; and B. There is no action, suit, proceeding or investigation pending, or threatened in any court or other tribunal or competent jurisdiction, state or federal or before any public board or body, which in any way would (a) restrain or enjoin the delivery of the Agreement or the ability of the Customer to make its Base Payments (as set out above); (b) contest or affect the authority for the execution or delivery of, or the validity of, the Agreement; or (c) contest the existence and powers of the Customer; nor is there any basis for any such action, suit, proceeding or investigation; and C. The equipment will be operated and controlled by the Customer and will be used for essential government purposes and will be essential for the term of the Agreement. D. Customer has not previously terminated a agreement for non - appropriation, except as specifically described in a letter appended hereto. 2. NON APPROPRIATION. In the event Customer is in default under the Agreement because: A. Funds are not appropriated for a fiscal period subsequent to the one in which the Agreement was entered into which are sufficient to satisfy all of Customer's obligations under the Agreement during said fiscal period. B. Such non - appropriation did not result from any act or failure to act of customer. C. Customer has exhausted all funds legally available for all payment due under the Agreement. D. There is no other legal procedure by which payment can be made to Rentor. Then, provided that Customer has given Rentor written notice of the occurrence of paragraph 1. above thirty (30) days prior to such occurrence; Rentor has received a written opinion from Customer's counsel verifying the same within ten (10) days thereafter; and the Customer does not directly or indirectly purchase, rent or in any way acquire any services or equipment supplied or provided for hereunder; upon receipt of the equipment delivered to a location designated by Rentor, at Customer's expense, Rentor's remedies for such default shall be to terminate the Agreement at the end of the fiscal period during which notice is given; retain the advance payments, if any; and /or sell, dispose of, hold, use or rent the equipment as Rentor in its sole discretion may desire, without any duty to account to Customer. 3. SIGNATURES. Each signor (two if monthly payment exceeds $1,200.00) warrants that he /she is fully conversant with the governing relevant legal and regulatory provisions and has full power and authorization to bind Customer. Signor(s) for Customer further warrant(s) its governing body has taken the necessary steps; including any legal bid requirements, under applicable law to arrange for acquisition of the Equipment; the approval and execution has been in accordance with all applicable open meeting laws; and that a resolution of the governing body of Customer authorizing execution of the Agreement has been duly adopted and remains in full force and effect. Entity Name: Entity Name: By (Please Prim): j ;) r✓I i � � . IBy (Please Print): Signature: Signature: Title:, rn ; (��✓ Date: Title: Date: Vol. 9 pg. ! ! ! --- RESOLUTION A RESOLUTION APPROVING THE BUDGET OF THE BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the laws of the State of Texas provided for interlocal governmental agreements to benefit the citizens of the State; and, WHEREAS, the voters of Brazos County have approved the establishment of the Brazos County Emergency Communications District in accordance with State law; and, WHEREAS, the Board of Managers of the District have approved and adopted the Budget for fiscal year 2009- 2010; and, WHEREAS, Section 772.309 of the Health and Safety Code requires the approval of the District's budget by the Commissioners Court of the County located in the District and a majority of the participating jurisdictions in the District; and, WHEREAS, the undersigned authorities have, in public meeting, approved the annual budget of the District as submitted to them. NOW, THEREFORE, BE IT RESOLVED by the Commissioners Court of Brazos County, Texas that: 1. The Commissioner's Court of Brazos County, Texas hereby approves the annual budget of the District as submitted to them and as provided for by law. 2. A copy of the budget is attached hereto as Exhibit "A" and incorporated herein by this reference for all purposes. 3. This Resolution shall be effective immediately upon its adoption and passage ADOPTED AND PASSED THIS c 44 `' J,1AY OF NOV1 : Yl�btr - . 2009. County Judge )QA,1 i 64J Commissioner Lloyd Wassermann Precinct 1 Commission envy M d Prec' t 3 ATTEST: J J,wmrN+iJw Karen McQueen County Clerk V a Pg 4 Resolution q09 -020 Commissioner Duane Peters $razos County Emergency 5 r ' • ... � Oi16• • %A '. _Communications District October 15, 2009 Judge Randy Sims Brazos County Courthouse 300 E. 26 St. Bryan, TX 77803 Judge Sims: Please find enclosed a copy of the Brazos County Emergency Communications District revised budget that was voted on at our board meeting October 15, 2009. The District has been in negotiations with the City of Bryan over it's contract for FY 2010 which was tied to the budget process. As per statues which govern the District, I am providing this revised budget, for your review and request you submit any comments to the District within 45 days. Please respond (either in writing P.O. Box 911 Bryan TX 77806 or by e -mail bgodwin ,bc911.org) at your earliest convenience. If no action is taken, after December 15, 2009 this budget will be approved by operation of law. As always, please do not hesitate to contact me if you have any questions or require any additional information. Respectfully, 1 Elizabeth Godwin Executive Director P.O. BOX 911 • BRYAN, TEXAS 77806 • (979) 779 -0911 • FAX (979) 821q4 P7 • www.bc9l l.org Vol. P� -'J Vol. � � P�• —�"_ 1 BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT Table of Contents District Overview - 4 Slats & Graphs - 6 Budget Summary -10 Budget Detail -12 Vol. I a p g. 49 rG Arazos County Emergency om>lnunxcations District October 15, 2009 The Board of Managers Ron Mayworm, Chairman Commissioner Duane Peters Chief R. B. Alley Commissioner Lloyd Wassermann Board of Managers: Enclosed for your approval is the revised FY 2010 Budget, with the modification approved in our board meeting September 17, 2009. The recommendation I presented in the meeting was required due to the City of Bryan's zero increase from FY 2009 budget. We have "put on hold" in this fiscal year, hiring personnel for the current three vacant communication specialist positions. This will decrease all line items that affect benefits. Moreover, the District will fund the salary and benefits for the Personnel Assistant's position in order to facilitate this shortage. We are postponing, until 2011, an enhancement to our benefit package that relates to language pay for one Spanish interpreter for each shift (four) and shift differential for night shift communication personnel. In consideration of the constraint that the zero increase has placed on operations for FY 2010 Budget, the District will include in the property inventory the required new headsets and dispatch chairs. These items are necessary to conduct business in the combined dispatch center. The directors will continue to ensure that public funds are protected to support studies, explore options and implement the most robust next generation 9 -1 -1 system for all citizens of Brazos County. The intent of this budget is to afford the District to be better prepared to address a growing number of District challenges. Respectfully submitted, Elizabeth "Betsy" Godwin/Executive Director P.O. BOX 911 • BRYAN, TEXAS 77806 • (979) 779 -0911 • FAX (97 ) &U -3407 • www.bc911.org Vol. lam— rg.--' _-- Page 4 150 Vol. L a Pg.— li . . . ....... .777 /i :i4.Y y �� (( M C�' Y; R_�it 'G t Brazos County Emergency Communications District-, FY2010 BUDGET -Pagel of 2 - Ver. 1.1 Revised 10/15/09 REVENUES /EXPENDITURES PERSONNEL SERVICES SUPPLIES Page 10 Vol. 1 6 1 p 5 fi R f()5i?pl i'ASE 11lIAGESIt $313 44 rW 9-' 9 0-94 TH�t �IF4'48 �58� e r $324;397; <. $889,867 $468,618 Tjotal�Benefits _ " � :: • .: • r t $61'Ofi25 T;Q�T� �+PERSO�ILIEL�SER�CES ""�"a � • � ' ��',52�293ffi907 $ 8 , 600.. ,, $ 5,762 Brazos County Emergency Communications District - FY2010 BUDGET -Page 2 of 2 - Ver. 1.1 Revised 10/15/09 MAINTENANCE - CONTRACTUAL SERVICES CAPITAL OUTLAY TOTALS Vol. � Pg' irO - 'LW. ANT &vC Q,IgTRA`( iTIUALgSERV',ICES EDUCATION - TRAINING - MISC. SERVICES o [ a $1,304,999 $1,295,248 $693,003 e FY 2010 Budget Detail rev.I This section provides a detailed explanation and description of each line item in the FY 2010 Budget. Customary calculations and formulas remain the same as in previous year's budgets. One such formula is the "Standard Split" calculation which is based on a total of eight radio and call taker positions. Each primary position and shared position for each contracted entity is weighted based on historical call volumes for each entity. This "Standard Split" is referred to throughout this Budget Detail. * Indicates modified due to City of Bryan's zero increase from FY 2009. Line 1, Emergency Service Fees - The District expects to receive $1,290,000 in various forms of emergency services fees for FY 2010. This includes residential and commercial landlines, and wireless phones. VOIP (Voice over Internet Protocol) providers have been submitting fees; however, funding is still nominal. The trend continues for landline customers to discontinue service in favor of using a mobile device for their communications requirements. Line 2, Interest — This figure represents the anticipated interest earned by the District's accounts. This number is based on historical data. Line 3, Dispatch Contracts — This figure represents income from the District's contracts to provide dispatch services for the City of Bryan Police & Fire Department, the Brazos County Sheriff's office, Volunteer Fire Departments and Brazos County Constables in accordance with accepted policy and procedures. We maintain our commitment to a four year plan to enhance service thus require consistent adjustments in funding as prescribed by public safety needs. Line 4, Operating Costs — This is the estimated total cost of personnel services, supplies, maintenance contracts, education, recruitment and training for all aspects of the District's operation. Each categorization is detailed in this section. Line S, Capital Outlay — Represents District and contractual funds used to fund capital projects and purchases for FY 2010. Line 6, Capital Reserve — This line item is the fund amount being placed into reserves for FY 2010. Line 7, Executive Director— This position is salaried and funded 100% by the District's Emergency Service Fees. Line 8, Associate Director — This salaried position is also funded 100% by District derived funds. Line 9, Office Manager — This is an hourly position funded 100% by the District. Page 12 Vol. I dm pg. 5s- Line 10, 9 -1 -1 Systems Administrator— This position is also an hourly position and funded 100% by the District. *Line 11, Personnel Assistant — This is an hourly position necessary to provide the proper ratio of human resource /clerical support for communications personnel. The funds required to staff this position are subsidized 100% by the District due to the City of Bryan's zero increase from FY 2009. , Line 12, Communications Manager — This position is the senior most communications employee whose duties are dedicated 100% to the operation of the District's Communications Center. This position is funded with contract revenue and is shared 50/50 between the City of Bryan and Brazos County. Line 13, Training Coordinator — This hourly position performs a diverse set of responsibilities and is divided based on a breakdown of the job's functions with 45% of the position funded by the District and 55 % funded by our contractual entities. The entities 55 % is divided between the City of Bryan and Brazos County using the customary "Standard Split" method. Line 14, Communications Supervisors — This item funds the base wage for the four shifts supervisors in the dispatch center. The total is split between the contracting entities 67% Bryan, 33% Brazos County. *Line 15, Non - Emergency Call Takers — This item funds the base wages for four call takers and was funded equally by the City of Bryan and Brazos County in FY2009. The total was agreed to be split (based on call statistics) between the contracting entities 79% Bryan, 21% Brazos County. Our four -year plan anticipated hiring 2 additional call - takers in FY 2010 which we anticipate will be deferred until 2011. Moreover, three current vacant positions will not be staffed due to Bryan's zero increase form FY 2009. Line 16, Emergency Telecommunicators — This item funds eight employees functioning as both emergency and non - emergency telecommunicators. The funds are split between the contracting entities based on a historical call volume of 79 % City of Bryan and 21 % Brazos County. Line 17, Brazos County Emergency Dispatchers — In FY 2009, based on radio statistics, the Sherriff Office required its own dedicated radio position. The Constables and Volunteer Fire Departments share a radio position. These eight communications specialist operate both radio positions funded 100% by revenue generated by Brazos County's Contract for Dispatch Services. Our four -year plan dictated that we add 1 additional personnel which we anticipate will be deferred until 2011 due to the economic downturn. Page 13 vot. 1_ a 2 p g . V° Line 18, City of Bryan Emergency Dispatchers — These 12 employees operate the Bryan PD Primary position, the Bryan PD Secondary position, and the Bryan Fire Department position. These positions are funded 100% by revenue provided by the City of Bryan's Contract for Dispatch Services. Our four -year plan dictated that we add 1 additional personnel which will be postponed until 2011 due to the economic downturn. Line 19, Overtime Pay — These funds will be used to cover vacancies in the dispatch center due to sick leave, vacation, holidays, vacancy, jury duty and training. Overtime funds will also cover some call out for emergency management incidents. 'A total of 5,646 hours will need to be covered based on historical data. Part-time employees will also cover vacancies. * Line 20, Incentive Pay — This line item funds the longevity rewards program which pays employees with at least six years of service with the District. The program pays at a rate between $4 and $5. Language pay is to accommodate our diverse population and is only available for full -time employees who qualify to translate Spanish verbally. -This program has been postponed until 2011. Shift differential is to compensate full -time employees who are permanently assigned to the night shift (after 7pm). -This program has been postponed until 2011. Line 21, Performance Pay — This funding will make a modification to the Districts pay scale in an attempt to reward employees who meet specific performance guidelines. Thus, it will attempt to keep wages competitive with surrounding entities. It is estimated to be 2 percent of the Base Wages. Line 22, Part -Time Pay — This line item funds wages for part-time communications specialist who covers vacancies discussed previously in the Overtime Pay explanation. We estimate coverage to be 3,640 of these hours with the use of Part-time personnel at an average cost of $14.04. The District plans to employ an additional part-time communications specialist in FY 2011 in an effort to minimize overtime pay. *Line 23, Retirement — These figures represent the District portion of the retirement plan. It is calculated by multiplying .079 times the FULL -TIME wage. *Line 24, Worker's Comp Insurance — This item is calculated by multiplying TNIL's current rate of .605 % times the Total Wages. *Line 25, Social Security/Medicare— This item is calculated by multiplying 7.65 % times Total Wages. *Line 26, Unemployment — The current rate set by the Texas Workforce commission is 1.0% of the first $9,600 of each employee's Total Wages. Page 14 Von. 1 a _P l�D *Line 27, Health Insurance — The current price of health insurance coverage through Blue Cross/Blue Shield of Texas and the flex plan covered by David Young Consulting are estimated to be $8,105.00 for each full -time employee. The total cost is divided using a method similar to the way the "Standard Split" was determined and allocates funding based on job duties. Line 28, Office Supplies — Line items includes paper goods, and general office supply needs including costs associated with producing service awards. The expenditure of these products is difficult to verify; therefore, the District will cover 50% of this line item with the remainder being split by the City of Bryan and Brazos County 67 %, 33 % respectively. Line 29, Postage & Shipping— This item funds the District's cost associated with sending and receiving mail and parcels. The district post office box is also included in this category. The District will fund 50 % of this line item with the remainder being split by the City of Bryan and Brazos County 67 %, 33 % respectively. Line 30, Printing — This figure represents the cost of printing items such as training manuals, posters, forms, and high volume copy jobs. The category is split identically to the office supply category. Line 31, Building Lease — This item covers costs incurred by the District to lease and sustain a portion of the third floor in Verizon's Central Office at 101 Regent Av. Included in the cost are utilities, building maintenance and repairs. The funding is divided based on the amount of square footage required by each entity. Any portion of the space that is jointly used, the District assumes responsibility for funding. Line 32, Eventide Logger Maintenance — Funds from this line item pay for the maintenance and support service for the recorder system. The system is owned by the District. Funding of maintenance is derived by dividing the total cost by the number of recording channels on the system, by the number of channels being used by each agency. The cost is calculated for each entity accordingly. (25%,45%, 30 %). Line 33, PC & PC Network Maintenance and Misc. Equipment — This line item provides funds for the repair and maintenance of existing PC's. Examples of these repairs include the replacement of keyboards, mice, faulty sound, video, and network interface cards as well as drives and mass storage devices. The district covers 70% of this cost with the contracting entities funding the remainder using the "Standard Split." Line 34, Financial Audit — This line item pays for the independent audit of the District's financial records as required by the Texas Health & Safety Code and is funded 100% with District derived funds. Page 15 I Vol. 1 a C y pg. (o Line 35, Legal Fees — This line item funds any requirement to contact general legal counsel throughout the budget year as well as several legal partnership projects which support membership with the Texas 9 -1 -1 Alliance. It is funded 100% with District derived funds. Line 36, CAD Hardware & Software Maintenance — This figure represents the cost of maintenance support for the CAD software and hardware. Technical support is also included as part of the agreement. The District funds the portion of the plan associated with CAD mapping and the E -911 interface. The remainder of the cost is the County's portion of the maintenance. The City of Bryan IT Department invoices the Police Department for its share of maintenance costs. Line 37, Other Software Maintenance — This line item funds maintenance and updates for items such as payroll software, AVG, WEB, misc. testing software, and for Priority Dispatch (Emergency Medical Dispatch) This includes three separate maintenance agreements for the computerized and manual version of EMD along with quality assurance software. Line 38, Copier Lease — This line item funds the lease of the District's copy machine. The District will fund 50 % of the cost with the City of Bryan covering 67 % and Brazos County funding 33 %. Line 39, UPS Maintenance — This line item funds the annual maintenance and on -site repair and technical support services for the Uninterruptible Power Supply. This line item is covered 50 % by the District, 25 % by the City of Bryan, and 25% by Brazos County. Line 40, VHF Radio Emergency Maintenance — This line item covers emergency repairs on the secondary SO radio channel which is no longer covered by maintenance plan. It is 100% funded by Brazos County. Line 41, E9 -1 -1 Services — As the single largest line item in the FY 2010 budget, E9 -1 -1 Services represent the core of the District's function as described by the Texas Health & Safety Code. Funds for this line item are provided 100% by the District. Line 42, Professional Development— This line item provides funds for training and ongoing professional development through technical training classes, seminars, conferences and symposiums. It covers all levels within the District. The associated cost of travel is also included in this line item. The District will provide funding for District administrative staff. The City of Bryan and Brazos County will cover communications staff utilizing the "Standard Split" method. Line 43, Recruiting - This line item provides dedicated funds for the activities and testing related to the hiring process which includes but is not limited to: advertising to search for qualified candidates, security clearance checks, skill testing, interviews, pre- employment suitability personality test and associated pre- employment medical test. Page 16 Vol. I a pg. The City of Bryan and Brazos County share there portion of this line item utilizing the "Standard Split" method. Line 44, Emergency Medical Dispatch and CPR- This line item provides funds to continue the enhanced Emergency Medical Dispatch system implemented in FY 2007. It encompasses the cost related to certification new hires, recertification specific communications personnel and management personnel. This project was approved by authorized members the fire departments. The City of Bryan and Brazos County share this line item utilizing the "Standard Split" method. Line 45, Insurance — This item funds a personal property and liability insurance policy for all employees. The District will provide funding for 50% of this item with the City of Bryan covering 67 % and Brazos County will fund 33 %. Line 46, 9 -1 -1 Public Education — These funds are used to purchase products and services which promote 9 -1 -1 education within Brazos County. These items may include promotional pens, pencils and paper goods, as well as pamphlets and other items that educate children on the proper use of 9 -1 -1. Also this line item accounts for costs of special functions such as National Telecommunicator Week recognition and 9 -1 -1 Day activities. This line item is funded 100 % by the District. Line 47, Car Allowance — This line item funds the Executive and Associate Directors portion of this line item 100% with District derived revenue. Support staff's portion is funded by the City of Bryan, Brazos County based on job duties. These funds offset the cost of gas plus .wear & tear on the employee's personal vehicles while performing in town driving for District, City and County purposes. Line 48, Dues & Subscriptions — These funds pay for items such as membership to the Chamber of Commerce and include individual and organizational memberships to professional organizations such as National Emergency Number Association (NENA) and Association of Public Safety Communications Officials- International (APCO). It also includes subscriptions to relevant periodicals. The cost is shared based on employee job function which the District covers 75 % of the cost and the City of Bryan and Brazos County paying the remainder employing the "Standard Split" method. Line 49, Non - Emergency Communications Services — The District maintains phone service to 40 non - emergency telephone lines. Included in this line item are communications devices (cell phones and blackberries) and related expenses that are necessary to maintain a 24/7 on -call status for key personnel. Long distance charges are also included in this line item. We have prepared a lengthy worksheet which outlines and defines the primary user of each line and divided the cost for each entity accordingly. Line 50, Inleroperability Radio Circuits — These existing circuits are one component of a larger project which is used to allow public safety entities within District to communicate using their existing radio systems. Page 17 Vol. I a q Pg. 63 Line 51, Color Monitors — These funds will purchase several new monitors to replace defective and broken monitors. *Line 52, Intensive Use Dispatch Chairs — This line item will purchase ergonomic heavy duty chairs (5 chairs) to replace worn furniture in the dispatch center. These chairs are used 24/7 and thus must have reinforced and stronger support. They will be added to the District's inventory. Line 53, Upgrade Computer Network — These funds will allow for the continual installation and upkeep of the communications critical network hub. Network access points /switch must be maintained due to the numerous computers and networked equipment in the communications and training center. Line 54, Upgrade PC &.Hardware — These funds will be used to replace and maintain a proper inventory and to replace several aging PC's and printers in the District's administration area. Line 55, Office Furniture and Fixtures — These funds will be used to replace aging desk and various office furnishings, and to purchase a fire -proof safe for critical documents. This line item also covers a remodel of the break room to include lockers, table and chairs, television and mounting equipment, and a variety of other furniture. *Line 56, Headsets and related equipment— Accelerating our four year plan, we plan to replace outdated headsets that are used to receive and disseminate radio traffic. A replacement inventory will be maintained yearly. They will be added to the District's inventory. Line 57, 9 -1 -1 Equipment —These funds will provide the necessary computer equipment, telephone equipment and furniture to continue to provide a training center for training all Brazos County Public Safety Answering Points personnel various aspects of emergency 9 -1 -1 operations. This also includes all associated equipment to provide another 9 -1 -1 phone position. This line item will be funded 100 % by the District. Line 58, 9 -1 -1 Emergency Replacement Fund — These funds will provide the necessary revenue to replace critical equipment that may fail unexpectedly. The unused funds will encumber into future budgets. This line item will be funded 100% by the District. *Lines 59 -64, Totals — This section is a recap of the totals provided at the bottom of each section along with a FY 2009 total for the District, the City of Bryan, and Brazos County. The Increase or Decrease from FY 2009 is also noted. Page 18 -S101- 1 ,9 pg. --- TOTALS Page 19 Vol. _-- P� --- -- } ?I - z Y y f C . ltl N J l i r a BRRZOS Yv ; 944 e t.. 'r S ?I - z Y I 1 f l r a BRRZOS COUNTY 944 Vol: at p & BRAZOS COUNTY // HUMAN RESOURCES DEPARTMENT 200 S. TEXAS AVE SUITE 206, BRYAN,TX 77803 PHONE (979) 361 -4114 FAX (979) 823 -6993 MEMORANDUM Date: November 18, 2009 To: Commissioner's Court From: Jennifer for HR Director tor Subject: Update to Holiday Policy Please consider and take action on the following: Update to the following sections of the Employee Manual to read as follows: Section 2.03.4 Holiday on Day Off If a designated holiday falls on an eligible employee's day off, the employee should be allowed to take another day off with pay either 30 days before or after the holiday. Section 2.03.5 Working During Holidays ...If an employee works on a holiday they shall be given another day off in its place to be taken with pay either 30 days before or after the holiday.... Currently, employees who work or are off on a holiday are only allowed to take another day off with pay in the 30 days following the holiday; this has created difficulty in scheduling for some departments. These changes would allow employees who work during the holidays or who are scheduled to be off during a holiday the flexibility to take another day off with pay 30 days prior to or after the holiday. Thank you. APPROVED: Sims, County Judge date Vol. -124—*— von. la9 Pg. W FG,�!., O p O p 0 0 W N N N LL. 0 d O_ O O O O m p e7 m o ... o M 0 V N L C9 C4 w E t ,' w Q Lo 1� 0 > o Z N 0 0 ._ vva r O � �, >': c � E d CL O�� �' ` Kf o. C7 0_ O ++ r +: w E o . cd p W = w ¢ ad N £ ai m ti �o `o E U) M aS O d O D 0. N O N mt=� A S k O d r w� Z`� N ¢ Q > -� o2o O O 0 O ZQU C V cU c C d G J O. m' Ypf D N Od d c E t o 0 0 > tf d C. d O �i O t7 O N .` m� d d Q Q QrN q N u w IL W co U c @ F C IL avE O_ Q O . d (A V cc d ' p fq d L Z y= J Z J Z J Q 0 d < S C Q C W C G p W f.9_ Q � C U d �:g L W U # von. la9 Pg. BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: November 24, 2009 ITEM: Request from OSR Water Supply Corporation to construct parallel water line installations in the right of way of Muscatel Road (Grapevine Addition); nearest intersecting road is Grapevine Drive. Site is located in precinct 4. 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 SUB TT D BY: Richard F. Vance, P.E. County Engineer CC2009 -078 This Request Date: I I Randy /,Denied 0 by Commissioners' Court Judge Vol. q Pg. 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) OSR Water Supply Corporation proposes to place a (type) 2" Wgterli nwithin x across_ the right -of -way of (road) Muscatel 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 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 - 1gday of November , 2Qi,a. D/L pI 1 fCt `7 q j / i r f -17'v Fir : OSR Water Supply Corporation By: Title:- Contract Manager Address: Box. 258 l Wellborn, Texas 77881 Phone: 979 - 690 -6055 APPROVED BY COMMISSIONERS' COURT ON: Data Randy Sir, County Judge Vol. I ad Pg. 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