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BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON AUGUST 16, 2011 AT 4:00 PM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Catalena
2. Call for Citizen input and /or concerns.
3. Presentation(s)
Presentation on Gulf Coast Strategic Highway Coalition.
Consider and take action on agenda items 4 - 26:
4, Resolution 11-015 approving the financing by the Red River Health Facilities Develpment Corporation
of a health facility located within Brazos County for Crestview.
5. Republican and Democratic appointment for Presiding Judge and Alternate Judge for a period of 1
vear, ending on July 31, 2012.
Cita renublicanos y demdcratas aara Juez Presidente v Magistrado suplente por un aeriodo de un aiio,
pasta el 31 de lullo de 2012.
6, Appointment of Carroll Thomas Myreck as a non -paid Reserve Deputy for Constable, Precinct 1 office
7. Reguest from Constable. Precinct 2 to donate used video camera and recording equipment (Mobile -
Vision) to Texas Parks & Wildlife of Bryan.
8 Nuisance Abatement Policy pursuant to Chapter 343 of the Texas Health and Safety Code.
g. Contract with Ikon Office Solutions for a new Ricoh MPC 4501 copier for the Brazos County Attorney's
Office.
10. Agreement with eZuce, Inc. for support of the Voice Over IP telephone system.
Vol.
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1 1. Inter -Local Agreement with the City of Bryan to house City Prisoners for a term of October 1. 2011
throuah September 30, 2012.
12. Interlocal Agreement with Lubbock County to provide court appointed counsel for individuals charged
with the offense of capital murder (death eligible).
13. Request from Wellborn Special Utility District to construct a road bore for installation of a 12 -inch
waterline in the right of way of I &GN Road at intersection with South Dowlina Road. Site is located in
Precinct 1.
14 . Request from Wellborn Special Utility District to construct a 40' road bore for installation of a 1"
15.
16. Request from OSR Water Supply Corporation to construct a 40' road bore with 2" casina in the right of
way of Old Spanish Trail to provide service to address #5278 Site is located in Precinct 4.
17, Request from OSR Water Supply Corporation to construct a 40' road bore with 2" casina in the right of
way of Old Spanish Trail to provide service to address #5212 Site is located in Precinct 4.
18.
19 . Treasurers Report for June 2011 and Quarter Ending June 30, 2011.
20. Tax Refund Applications for the following:
• a. Ruth Heipert- Nunez - overpayment- $11.86
• b. Carrinaton Mortgage Services - overpayment- $199.96
• c. Hanszen Laporte, 1-1-1 overpayment- $57.63
• d. Joseph M or Irma A Ortega - overpayment- $271.35
• e. Joseph M or Irma A Ortega- overpayment- $54.80
• f. Carrington Mortgage Services - overpayment- $113.61
• Q. Pete Sulik- overpayment- $519.37
• h. Kristopher Karstens - overpayment- $67.41
21. Budget Amendments.
Budget Amendments FY 10/11: 44.1 - 44.17
22, Capital Requisition # 00034891 to Anixter. Inc in the amount of $3.709.51 for the purchase of
miscellaneous cabling parts for Phase ill of the Courthouse Renovation.
23. Capital Requisition in the total amount of $42,521.70 for the purchase of a sound system and
miscellaneous hardware needed for the construction of the Sanctuary Courtroom as follows:
• a. Rea # 00034847 - TEICC - $5,919.80
• b. Reg
# 00034909 - Anixter - $1,611.90
• c. Rea
# 00034911 - Home Depot - $3,100.00
• d. Reg
# 00034919 - Microaae - $31,015.00
• e. Reg
# 00034920 - Dealers Electric- $875.00
24. Requisition # 00034913 in the amount of $34.000.00 to Ezuce. Inc for support and technical services of
the County wide VOIP system.
25. Personnel Change of Status.
Personnel Action Forms
Vol. ____ Pg. 6-
26. Payment of Claims.
27 Acknowledgement of the Brazos County Exposition Complex update
28. Acknowledgment of the Brazos County Purchasing Department Update for the week of Auguest 5-11
2011.
29. Sheriff's report on inmate population.
30. Announcement of interest items and possible future agenda topics.
31. Call for Citizen input and /or concerns.
32. Agency/ Board/ Committee reports by Court members.
33. Adjourn.
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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.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap panting spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361 -4102.
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BRAZOS COUNTY
BRYAN,TEXAS
MINUTES
August 16, 2011
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
File stamped agenda 8- 16.pdf
Sian in sheet 8- 16.odf
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 4:00 p.m. on
Tuesday, August 16, 2011 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, 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.
Invocation and Pledge of Allegiance -
Chaplain G.H. Jones and Commissioner Catalena
2. Call for Citizen input and /or concerns.
There was no citizen's input.
3. Presentation(s)
Presentation on Gulf Coast Strategic Highway Coalition.
Judge John Thompson of Polk County and Gary Bushell gave a presentation on the Gulf
Coast Strategic Highway Coalition ( GCSHC). Mr. Bushell explained that the GCSHC is
an organization advocating improvements to the transportation systems that link Fort
Polk in Louisiana to Fort Hood and Fort Bliss to their strategic deployment ports on the
Gulf Coast. A $5,000 membership will give a representative from Brazos County a seat
on the board of directors.
Consider and take action on agenda items 4 - 26:
4. Resolution 11 -015 approving the financing by the Red River Health Facilities
Develpment Corporation of a health facility located within Brazos County for Crestview.
LO Item 4-pd
A copy of the Resolution is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann.
5.
0 Item 5.pdf
Republican and Democratic appointment for Presiding Judge and Alternate Judge for a
period of 1 year, ending on July 31, 2012.
Cita republicanos y democratas para Juez Presidente y Magistrado suplente por un
perfodo de un ano, hasta el 31 de julio de 2012.
A copy of the appointment list for Presiding Judge and Alternate Judge is attached.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters, Wassermann.
6. Appointment of Carroll Thomas Myreck as a non -paid Reserve Deputy for Constable,
Precinct 1 office
D Item 6.pdf
Contingent on the appointment being within the allotted number of deputies.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
7. Request from Constable, Precinct 2 to donate used video camera and recording
equipment (Mobile - Vision) to Texas Parks & Wildlife of Bryan.
LD Item Todf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters, Wassermann.
8. Nuisance Abatement Policy pursuant to Chapter 343 of the Texas Health and Safety
Code.
D Item 8.pdf
Kendra Suhling, Civil Counsel explained the policy and the reasoning behind it. She
sited the biggest advantage is the ability to file a lien against the property deemed a
Vol._ Pg• 6
public nuisance. A copy is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley , Mallard , Peters , Wassermann .
9. Contract with Ikon Office Solutions for a new Ricoh MPC 4501 copier for the Brazos
County Attorney's Office.
0 Item 9.odf
Term of the contract is for 60 months at a cost of $323.00 per month.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters,
Wassermann .
10. Agreement with eZuce, Inc. for support of the Voice Over IP telephone system.
ID Item 10.gdf
Cost to Brazos County is $34,000.00. A copy of the Agreement is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters,
Wassermann .
11. Inter -Local Agreement with the City of Bryan to house City Prisoners for a term of
October 1, 2011 through September 30, 2012.
L0 Item 11.r)df
The City of Bryan will pay $42.00 per city prisioner per day housed in the Brazos County
Jail. The Agreement will commence on October 1, 2011 and extend until the 30th day of
September 2012. The County Judge asked about changes in that it costs about $2.00
more per day per prisoner to house them. A copy is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
12. Interlocal Agreement with Lubbock County to provide court appointed counsel for
individuals charged with the offense of capital murder (death eligible).
10 Item 12.odf
Bill Turner, District Attorney was present to answer any questions from the Court. He
said it will save the county money and he supports the program. The program will be
operating from a grant. Mr. Turner said that he met with his staff and he and they think
it's a good plan and will insure defendants have proper representation. A copy is
attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard ,
Peters, Wassermann .
13. Request from Wellborn Special Utility District to construct a road bore for installation of a
12 -inch waterline in the right of way of I &GN Road at intersection with South
Dowling Road. Site is located in Precinct 1.
ID Item 13.pdf
Approved as submitted.
Vol. 1 f 1- 7 Pg.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
14. Request from Wellborn Special Utility District to construct a 40' road bore for installation
of a 1" waterline in the right of way of North Graham Road approximately 200' west of
intersection with I &GN Road. Site is located in Precinct 1.
1D Item 14.pdf
Approved as submitted.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
15. Request from Brushy Water Supply Corporation to construct 100 ft. of waterline
extension in the right of way of Old Jones Road beginning at a location approximately
825' from intersection with Stewart's Meadow Drive. Site is located in Precinct 4.
lb Item 15.pdf
Approved as submitted.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
16. Request from OSR Water Supply Corporation to construct a 40' road bore with 2" casing
in the right of way of Old Spanish Trail to provide service to address #5278. Site is
located in Precinct 4.
10 Item 16.odf
Approved as submitted.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
17. Request from OSR Water Supply Corporation to construct a 40' road bore with 2" casing
in the right of way of Old Spanish Trail to provide service to address #5212. Site is
located in Precinct 4.
0 Item 17.odf
Approved as submitted.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
18. Payment Authorization in the amount of $388.99 to Judge McCleary, Justice of the
Peace, Precinct 1 for reimbursement of a video cassette recorder and television for the
courtroom. A Purchase Order was not obtained in advance.
U- Item 18.pdf
Funds will come from the JP Technology Fund.
Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
'Vol. -- Pg° I
19. Treasurers Report for June 2011 and Quarter Ending June 30, 2011.
0 Item 19.odf
A copy of each is attached.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard ,
Peters, Wassermann .
20. Tax Refund Applications for the following:
Z) Item 20.pdf
• a. Ruth Hel pert- Nunez - overpayment - $11.86
• b. Carrington Mortgage Services- overpayment - $199.96
• c. Hanszen Laporte, LLP- overpayment - $57.63
• d. Joseph M or Irma A Ortega- overpayment - $271.35
• e. Joseph M or Irma A Ortega- overpayment - $54.80
• f. Carrington Mortgage Services - overpayment - $113.61
• g. Pete Sulik- overpayment - $519.37
• h. Kristopher Karstens- overpayment - $67.41
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard , Peters ,
Wassermann .
21. Budget Amendments.
Budget Amendments FY 10/11: 44.1 - 44.17
LO Item 21.pdf
44.1 Transfer funds from Road and Bridge to Environmental Protection
44.2 Reallocate funds for Constable Precinct 2
44.3 Reallocate funds for District Attorney
44.4 Reallocate funds for Juvenile Services
44.5 Reallocate funds for County Clerk
44.6 Transfer funds from General Contingency to General Capital Improvement
44.7 Transfer funds from Jail Expansion to Jail Inmate Holding Remodel
44.8 Reallocate funds for Records Management
44.9 transfer funds from TYC Parole to JUV SRV- Detention
44.10 Transfer funds from TYC Parole to JUV SRV- Detention
44.11 Reallocate funds for Juvenile Services
44.12 Transfer funds from TYC Parole to Juvenile Services
44.13 Transfer funds from General Contingency to General Capital Improvement
44.14 Reallocate funds for Information Technology
44.15 Reallocate funds for 85th District Court.
44.16 Reallocate funds for District Clerk -Jury Services
44.17 Transfer funds from General Contingency to Court Support -Civil
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard , Peters ,
Wassermann .
22. Capital Requisition # 00034891 to Anixter, Inc in the amount of $3,709.51 for the
purchase of miscellaneous cabling parts for Phase III of the Courthouse Renovation.
0 Item 22.pdf
VoL _J. -�-- p8• �
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann.
23.
2) Item 23.pdf
Capital Requisition in the total amount of $42,521.70 for the purchase of a sound system
and miscellaneous hardware needed for the construction of the Sanctuary Courtroom as
follows:
• a. Req # 00034847 - TEICC - $5,919.80
• b. Req # 00034909 - Anixter - $1,611.90
• c. Req # 00034911 - Home Depot - $3,100.00
• d. Req # 00034919 - Microage - $31,015.00
• e. Req # 00034920 - Dealers Electric- $875.00
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters, Wassermann.
24. Requisition # 00034913 in the amount of $34,000.00 to Ezuce, Inc for support and
technical services of the County wide VOIP system.
3 Item 24.pdf
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann .
25. Personnel Change of Status.
Personnel Action Forms
D Item 25.pdf
A copy of the personnel Change of Status Requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters .
Members voting Abstain: Wassermann .
26. Payment of Claims.
7089459 through 7089768
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters, Wassermann .
0 Claims Sheet.pdf
tD BILL LIST 8.16.11.pdf
27. Acknowledgement of the Brazos County Exposition Complex update.
1D Item 27.pdf
Tom Quarles went over the annual review mandated by legislation. He went on to say
that events are growing significantly. Commissioner Cauley expressed excitement over
the upcoming Regional Fair slated for September of 2012.
�a
28. Acknowledgment of the Brazos County Purchasing Department Update for the week of
Auguest 5 -11, 2011.
29. Sheriff's report on inmate population.
Lt ItemApprovalSheet.html
Sheriff Chris Kirk said there were 632 inmates in jail, 46 have electronic monitors and 52
are pending for monitors.
30. Announcement of interest items and possible future agenda topics.
There were no announcements.
31. Call for Citizen input and /or concerns.
Eric Caldwell gave the Court an update on the software selection committee and the
negotiations they are engaged in. He said that both vendors have come down
considerably on their pricing. At a recent lunch meeting all but one committee member
voted for one vendor. The committee will have a contract with the software vendor on a
future agenda.
32. Agency/ Board/ Committee reports by Court members.
There were no agency, board or committee reports by Court members.
33. Adjourn.
von.
14 q e, I 1
The foregoing minutes of the Commissioners Court meeting held August 16, 2011 have
been examined and are approved in open Court this day of
2011, in Bryan, Brazos County, Texas.
Duane Peters
County Judge
k
Lloyd Wdssermann
Commissioner, Precinct 1
Sammy Cata ena
Commissioner, Precinct 2
r'
nZY" 1
Commissioner, Precinct 4
Kenny Mallard
Commissioner, Precinct 3
Attest:
K cQueen
County Clerk �.
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Vol I � q Page 1 a.
BRAZOS COUNTY COMMISSIONERS COURT
Meeting on
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Organization ! Department
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PAGE 7 of .7—
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Vol.
RESOLUTION APPROVING THE FINANCING BY THE
RED RIVER HEALTH FACILITIES DEVELOPMENT CORPORATION
OF A HEALTH FACILITY LOCATED WITHIN BRAZOS COUNTY, TEXAS
FOR MRC CRESTVIEW
WHEREAS, the Health Facilities Development Act, Chapter221, Texas Health and Safety Code (the
"Act "), authorizes and empowers Red River Health Facilities Development Corporation (the "Issuer ") to
issue revenue bonds on behalf of the City of Windthorst, Texas (the "Issuing Unit ") to finance and refinance
the costs of health facilities found by the Board of Directors of the Issuer to be required, necessary or
convenient for health care, research and education, any one or more, within the State of Texas and in
furtherance of the public purposes of the Act; and
WHEREAS, Section 221.030 of the Act provides that the Issuer may provide for the financing or
refinancing health facilities located outside the limits of the Issuing Unit with the consent of each city, county
or hospital district within such health facility is or is to be located; and
WHEREAS, MRC Crestview (the "Obligor "), a nonprofit Texas corporation, proposes to obtain
financing and refinancing from the Issuer from the proceeds of the Issuer's bonds in a maximum principal
amount of $35,000,000 for the costs of certain health facilities consisting of the addition of approximately
92 independent living units, together with common areas (the "Project "), to the continuing care retirement
community located at 2505 East Villa Maria Road, Bryan, Texas; and
WHEREAS, the Project will be located within Brazos County, Texas (the "County ") and outside the
limits of the Issuing Unit;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS' COURT OF BRAZOS
COUNTY, TEXAS THAT:
Section 1. The County hereby consents to the financing by the Issuer of the Project for the purposes
of Section 221.030 of the Act and approves the financing for the purposes of Section 147(f) of the Internal
Revenue Code of 1986; provided that the County shall have no liability in connection with the financing of
the Project and shall not be required to take any further action with respect thereto.
Section 2. This Resolution shall take effect immediately from and after its adoption and it is
accordingly so ordered.
PASSED AND APPROVED, this the J �day of 2011.
County Judge
Vol X 41 I�
Prescribed by Secretary of State
Section 32.002 (d), V.T.C.A., Election Code 1/86
I, Karen McQueen, County Clerk of Brazos County do hereby recommend the following persons
appointed presiding judge and alternate Jude for elections conducted by the county.
Precinct #
Presiding Judge
Alternate Judd . e
I
Michael Bobonski ( R)
Steve King (D)
2abc/82/83/84
Patricia Lassiter ( R)
Verda Beasley (D)
3ab
John. Hince ( R)
Harold Eaton (D)
4abc /79/43
Shirley Carter (D)
Margarita Gangoena { R)
Marilyn Moore (D)
5ab
6
Lois Williams ( R)
Corbert Perkins (D)
lab
Lola Peterson ( R)
Helen Wager (D)
8
Robert Bruce ( R)
Katy Stewart (D)
9
Richard Mueller ( R)
Brenda Taylor (D)
1Oab
Thala Hooks ( R)
Cheryl Schaile (D)
11
Dixie Tracey ( R)
Luci Smith (D)
12
Diana Davis ( R)
Margaret Elbrich (D)
13
Mary Herron ( R)
Jack Miller (D)
14/49/55/57
Jesse Ostiguin (D)
Arlene Candia ( R)
15/53
Steve Milam ( R)
Mary Wharton (D)
17/54
Al Meyer ( R)
Paul Peterson (D)
18abc
Bobbie Newton (D)
Murrey Bennett ( R)
20
Bill Donaldson ( R)
Danny Yeager (D)
21
Erica Peasiee (D)
Teresa Caster ( R)
23
Linda Conrad ( R)
Mel Morgan (D)
24
Clyde Goen ( R)
Jackie Girouard (D)
25
Kathy Nichols (D)
Tommy Seal ( R)
26
Terry Stewart ( R)
Susan Spears (D)
27ab
Al Nichols ( R)
Robert Martinez (D)
28b/68
Roland Brauer ( R)
Peggy Watson (D)
30/77/19
Bernice Ward ( R)
Lupe Ostiguin (D)
31
Jean McDermott ( R)
vi Cook (D)
32
Ralph Postelwait ( R)
Jean Cangelose (D)
33/72/74
Andre Steen (D)
Donald Tracey ( R)
34
Royce Overstreet ( R)
Joe Callaway (D)
35ab
Desi Marek ( R)
Charles Frazer (D)
36
Peggy Sampson ( R)
Carol Davis Rios (D)
38
Barbara Cooper (D)
Rosalind Davis ( R)
39
Bill Edison ( R)
Gene Charleton (D)
40
Jean Hall ( R)
Geri Polli (D)
vol. I ' ' l P9 . I I
41/28a/42
45/44/46/47/78/81
52/16
62/29
63ab
70ab/64/67
80
Eary Voting Ballot Board
Central Count
Richard Taylor ( R)
George McDonald ( R)
Barry Clar (D)
Marla Calvin ( R)
Bob Davis ( R)
Durwood Lewis ( R)
Judy Bochner (D)
Lynn Krueger (D)
Bart Braden ( R)
Ruby Ellis (D)
Barry Bauerschlag (D)
Kyle Walker (D)
Pam Schneider (D)
Debbie Lange (D)
Debbie Lange (D)
APPROVED:
r
Duane Peters, County Judge
Date T
Vol. 14 9 Pg. t-7 z
BRAZOS COUNTY
BRYAN, TEXAS
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS
ORDER NO. 11 -009
RE: CONSIDER ADOPTING PROCEDURES FOR THE ABATEMENT OF PUBLIC NUISANCES
MOTION BY Commissioner - , ^t4i l a,t&jPAa -J SECONDED BY Commissioner
b l O Ud WO S W" rl that the following action be taken by the Court:
The requirements made in the Procedures to Abate Public Nuisance attached hereto are consistent with
the general purposes of Chapter 343 of the Texas Health and Safety Code;
NOW, THEREFORE, IT IS HEREBY ORDERED by the Commissioners Court of Brazos County, Texas that the
document attached hereto, entitled "Procedures for the Abatement of Public Nuisances ", the same
being hereby incorporated fully by reference herein, be and is hereby adopted, effective immediately.
APPROVED this Lthe day of 2011 by a vote of 5 Ayes and (2 Nays.
Duane Peters, County Judge
W ��J
Comm sioner Lloyd Wassermann Commissioner Sammy Catalena
Precinct 1
Comm issione nny Mallard
Precinct 3
Precinct 2
l `+ 1 Pg. t
Vol. —"
PROCEDURES FOR THE ABATEMENT OF PUBLIC NUISANCES
Section 1. Scope and Purpose
1.1 These procedures are adopted by the Commissioners Court of Brazos County pursuant to
Chapter 343 of the Texas Health and Safety Code, as amended, and shalt apply to the
unincorporated areas of Brazos County, Texas.
1.2 The procedures provided for herein are not intended, nor shall they be construed, to limit in any
way other remedies, causes of action or right provided for by law.
1.3 It is the purpose of these procedures to protect and enhance the desirability and the aesthetic
character of residential and commercial neighborhoods in the unincorporated areas of Brazos
County and to control and abate certain conditions which lead to neighborhood blight and are
detrimental to the overall health, welfare, and safety of the citizens of Brazos County.
Section 2, Definitions
As used in this Order, the words and terms defined in this section shall have the meaning
ascribed, unless the context clearly indicates another meaning.
Abate means to eliminate a nuisance by removal, repair, rehabilitation, or demolition.
Administrator means the Director of the Brazos County Health Department, Brazos County,
Texas, or a county employee acting under his /her supervision and control.
Agricultural Land means land that qualifies for tax appraisal under Subchapter C or D, Chapter
23 of the Tax Code.
Building means a structure built for the support, shelter, or enclosure of a person, animal,
chattel, machine, equipment, or other movable property.
Commissioners Court means the Commissioners Court of Brazos County.
County means Brazos County,
Garbage means decayable waste from a public or private establishment or restaurant. The term
includes vegetable, animal, and fish offal and animal and fish carcasses, but does not include
sewage, body waste or industrial by product.
Hearing Examiner means any board, commission, or official designated by the Commissioners
Court to conduct a public hearing requested in accordance with this Order.
Neighborhood means a) a platted subdivision, or b) property contiguous to and within 300 feet
of a platted subdivision.
1
Vol. ` pg.
order means the "Order opting Procedures for the Abatement of Neighborhood Nuisances"
which was adapted on (,(�� 1 10�� by the Commissioners Court of Brazos
County.
Person has the meaning assigned to that term by subdivision (2) of Section 311.005 of the Texas
Government Code, as amended.
Platted Subdivision means a subdivision that has its approved or unapproved plat recorded or
unrecorded with the County Clerk of Brazos County; or is an unrecorded subdivision in Brazos
County, Texas.
Premises means all privately owned property, including vacant land or a building designed or
used for residential, commercial, business, industrial, or religious purposes. The term includes a
yard, ground, walk, driveway, fence, porch, steps, or other structure appurtenant to the
property,
Public Street means the entire width between property lines of a road, street, way,
thoroughfare, or bridge if any part of the road, street, way, thoroughfare, or bridge is opened to
the public for vehicular or pedestrian traffic.
Receptacle means a container that is composed of durable material and designed to prevent the
discharge of its contents and to make its contents inaccessible to animals, vermins or other
pests.
Refuse means garbage, rubbish, paper, and other decayable and nondecayable waste, including
vegetable matter and animal and fish carcasses.
Rubbish means nondecayable waste from a public or private establishment or residence.
Weeds means all rank and uncultivated vegetable growth or matter that:
a. has grown to more than thirty -six (36) inches in height; or
b. may create an unsanitary condition or may become a harborage for rodents, vermin,
or other disease carrying pests, regardless of the height of the weeds.
Section 3. Public Nuisance is:
3.1 Keeping, storing, or accumulating Refuse on Premises in a Neighborhood unless such Refuse is
entirely contained in a closed Receptacle;
3.2 Keeping, storing, or accumulating Rubbish, including newspapers, abandoned vehicles,
refrigerators, stoves, furniture, tires, and cans, on premises in a Neighborhood or within 300
feet of a Public Street for 10 days or more, unless the Rubbish or object is completely enclosed
in a Building or is not visible from a Public Street;
2
VOI. 1 4 9 pg. C 20-
3.3 Maintaining Premises in a manner that creates an unsanitary condition likely to attract or harbor
mosquitoes, rodents, vermin, or disease- carrying pests;
3.4 Allowing Weeds to grow on Premises in a Neighborhood if the Weeds are located within 300
feet of another residence or commercial establishment;
15 Maintaining a Building in a matter that is structurally unsafe or constitutes a hazard to safety,
health, or public welfare because of inadequate maintenance, unsanitary conditions,
dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment or because it
constitutes a fire hazard;
3.6 Discarding Refuse or creating a hazardous visual obstruction on:
a. County -owned land; or
In. Land or easements owned or held by a special district that has the Commissioners
Court of the County as its governing body; or
33 Discarding Refuse on the smaller of:
a. The area that spans 20 feet on each side of a utility line; or
b. The actual span of the utility easement;
18 Filling or blocking a drainage easement, failing to maintain a drainage easement, maintaining a
drainage easement in a manner that allows the easement to be clogged with debris, sediment,
or vegetation, or violating an agreement with the County to improve or maintain a drainage
easement; or
3.9 Discarding Refuse on property that is not authorized for that activity;
3.10 Maintaining a flea market in a manner that constitutes a fire hazard;
3.11 Maintaining on abandoned and unoccupied property in a neighborhood a swimming pool that is
not protected with:
a. A fence that is at least four feet high and that has a latched and locked gate; and
b. A cover over the entire swimming pool that cannot be removed by a child;
3.12 This section does not apply to:
a. A site or facility that is:
1. Permitted and regulated by a state agency; or
2. Licensed or permitted under Chapter 361 of the Texas Health & Safety Code;
or
3
'_'2_)
b. Agricultural Land.
Section 4. Public Nuisances Prohibited
A Person may not cause, permit, or allow a public nuisance, as that term is defined in Section 3
of this Order, on any Premises.
Section 5. Investigation
5.1 The Commissioners Court of Brazos County hereby appoints the Director of the Brazos County
Health Department, a regular salaried full -time County employee, to administer this program
and the abatement procedures prescribed in this Order.
5.2 A complaint to Abate a public nuisance under these procedures may be initiated by any Person
by written complaint filed with the Administrator.
5.3 The Administrator shall make a record of all complaints received.
5.4 The Administrator shall review the complaint and make a determination as to whether a public
nuisance exists. In order to administer these procedures, the Administrator or any other County
official, agent, or employee charged with the enforcement of health, environmental safety, or
fire laws may enter any Premises in the unincorporated areas of the County at a reasonable time
to inspect, investigate, or Abate a nuisance, or to enforce Chapter 343 of the Texas Health and
Safety Code, as amended. Before entering the Premises, the Administrator, official, agent, or
employee must exhibit proper identification to the occupant, manager or other appropriate
Person.
5.5 If the Administrator determines that a public nuisance does not exist, he will then close the
matter and take no further action thereon.
5.6 If the Administrator determines that a public nuisance exists, he shall serve Notice to Abate the
Public Nuisance on the owner, lessee, occupant, agent, or Person in charge of the Premises on
which the public nuisance exists. This Notice to Abate the Public Nuisance shall comply with and
be served as provided in Section 6 of this Order.
5.7 After the expiration of 30 days from the date on which the County's Notice to Abate the Public
Nuisance is served, the Administrator shall inspect the Premises described in the complaint.
5.8 If the Administrator determines that the public nuisance has been abated, he shall make a
record of his findings and take no further action thereon.
5.9 If the Administrator determines that the public nuisance has not been abated and a hearing has
been requested, the Administrator shall follow the procedures set out in Section 7 of this Order.
4
5.10 If the Administrator determines that the nuisance has not been abated, but there has been no
request for a hearing, the Administrator shall follow the procedures set out in Section 9 of this
Order.
Section 6. Notice Requirements and Procedures for Abatement of Public Nuisances
6.1 Each Notice to Abate the Public Nuisance must contain the following information:
a. The specific condition that constitutes a public nuisance;
b. The street address or other general description of the property on which the public
nuisance exists;
c. That the Person receiving the notice must Abate the public nuisance before the 31st
day after the date on which the notice is served;
d. That the owner, lessee, occupant, agent or Person in charge of the Premises is
entitled to submit, before the 31st day after the date on which the notice is served, a
written request for a hearing which should contain the name and address of the Person
to be notified of the date, time and place of hearing;
e, That said Request for hearing may be given to the Administrator by hand delivery to
his office or by certified mail, return receipt requested, addressed to the Director of the
Brazos County Health Department, Bryan, Texas;
h. That the owner, lessee, occupant, agent, or Person in charge of the Premises is
entitled to appear at the scheduled hearing and is entitled to present evidence, examine
witnesses, and argue on the owner's behalf;
i. That failure to Abate the public nuisance may result in abatement by the County,
assessment of costs, and the attachment of a lien to the property on which the public
nuisance exists;
j. That Section 343.012 of the Texas Health and Safety Code, as amended, provides that
a Person commits a misdemeanor (punishable by a fine of not less than $50 or more
than $200 for the first offense) if the public nuisance remains unabated after the 30th
day after the date on which the Person receives notice from a County official, agent, or
employee to Abate the nuisance;
I. Each day a violation occurs is a separate offense. If it is shown at trial of the defendant
that the defendant has been previously convicted of an offense under the Texas Health
& Safety Code Chapter 343, as amended, the defendant may be punished with a fine of
not less than $200 or more than $1,000, confinement in jail for not more than six
months, or both. The Court shall order abatement of the nuisance if the defendant is
5
Vol. I U I Pg. o'?-3
convicted of an offense under Section 343.012 of the Texas Health & Safety Code, as
amended.
6.2 The Notice to Abate the Public Nuisance shall be served on the owner, lessee, occupant, agent,
or Person in charge of the Premises in the following manner:
a. In Person or by registered or certified mail, return receipt requested; or
b. If personal service cannot be obtained or the address of the owner, lessee, occupant,
agent, or Person in charge of the property is unknown, by posting a copy on the
Premises on which the public nuisance exists and by publishing the notice in a
newspaper with general circulation in the County, two times within 10 consecutive days.
c. If the post office address of the last known registered owner of the nuisance is
unknown, notice may be placed on the nuisance or, if the owner is located, personally
delivered.
Section 7. Public Hearing before Hearing Examiner
7.1 A Person receiving a Notice to Abate the Public Nuisance under this Order is entitled to a public
hearing before a Hearing Examiner. Such a request may be perfected on public nuisance notices
by submission of a written request to the Administrator within 31 days of receipt of the Notice
to the Director of the Brazos County Health Department.
7.2 If a hearing has been requested, the Administrator shall set a hearing date and send a Notice of
Hearing to the Person and address stated in the Request for hearing or by serving the owner in
the same manner as used for serving the Notice to Abate the Public Nuisance in Section 6.2 of
this Order. The Notice of Hearing shall state the date, time, and place of the hearing and shall be
provided at least ten (10) days prior to the date of the hearing. The ten (10) day notice
requirement may be waived by the Person filing the request for hearing if such waiver is in
writing and signed by the Person filing the Request for hearing.
7.3 The owner and /or his representative present at the hearing shall be entitled to present
testimony and other evidence, examine witnesses, and argue on the owner's behalf.
7.4 Any interested Person, including the Administrator, may appear and present testimony and
other evidence.
7.5 All persons testifying at the hearing shall be under oath.
7.6 The Hearing Examiner shall be allowed to question any person testifying.
7.7 The Hearing Examiner shall assess the testimony fairly and impartially and in accordance with
the law.
N .
VOL- 149 Pg , a4
7.8 The Hearing Examiner shall make a written determination as to whether a public nuisance exists
and sign such written determination. A copy shalt be sent to the Administrator. Upon the receipt
of the copy of the written determination, the Administrator or his representative shall hand
deliver or send by certified mail, return receipt requested, a copy of the written determination
of the Hearing Examiner to the Person designated in the request for hearing. If mailed, it shall be
mailed to the address designated in said request.
Section 8. Post - Hearing Procedures
81 If the Hearing Examiner determines that a nuisance exists, upon the expiration of 30 days from
receipt of the determination by the Person designated in the Request of Hearing, the
Administrator shall inspect the Premises to determine whether the public nuisance has been
abated.
8.2 if the public nuisance has been abated, then the Administrator shall make a record thereof and
take no further action thereon.
8.3 If the public nuisance has not been abated, the Administrator will estimate the cost to Abate the
public nuisance and forward the estimate to the Commissioners Court.
8.4 The Commissioners Court shall determine whether:
a. to order the abatement of the public nuisance; and /or
b. to assess the cost of abating the public nuisance, the cost of legal notification by
publication, if said procedure was utilized, an administrative fee of $100.00, plus
interest beginning on the 31st day after the date of the assessment on the owner of the
Premises on which the public nuisance exists; or
c. to assess the cost of abating the nuisance, the cost of legal notification by publication,
and an administrative fee of not more than $100.00 against the property on which the
nuisance exists; or
d. to dismiss the proceedings
8.5 The Commissioners Court Order determining the final disposition shall be entered in the
Minutes of Commissioners Court. A copy of such Commissioners Court Order shall be sent by
the Administrator by certified mail, return receipt requested, to the Person or his duly
authorized representative at the address designated in the Notice of Appeal.
Section 9. Procedure when No Hearing is Requested
9.1 if a hearing has not been requested, the Administrator shall notify the Commissioners Court of
the public nuisance and provide evidence of the Notice to Abate a public nuisance which was
sent to the owner, lessee, occupant, agent or Person in charge of the Premises.
7
V0l.. —J 41 _ P a5
9.2 The Administrator shall present to the Commissioners Court evidence of the public nuisance and
provide testimony that either the owner of the Premises has refused or failed to abate.
9.3 The public nuisance may then be abated pursuant to Section 10 below.
Section 10. Additional Duties of the Administrator
10.1 If an owner fails or refuses to Abate a public nuisance and the Commissioners Court determines
to Abate the same pursuant to this Order, the Administrator shall proceed to let a County
contract for such abatement, The procedure for letting such contract shall be substantially the
same as that for letting County construction contracts. The abatement of the public nuisance
shall be in compliance with any applicable federal, state, and local laws, rules, procedures, and
ordinances. Upon completion of such abatement, the Administrator shall calculate the costs
that the County incurred in abating the public nuisance.
10.2 If the Commissioners Court has ordered assessment of such costs against the property on which
the public nuisance exists, the Administrator shall prepare the lien documents and, after such
documents are reviewed by the Brazos County District Attorney, record same in the Official
Public Records of Real Property of Brazos County. The amount of Lien shall be the amount of the
cost of removal, the cost of legal notification by publication, if said procedure was utilized, a
administrative fee of $100, plus interest beginning on the 31st day after the date of the
assessment. The original lien documents shall be returned to the Administrator after recording.
The County is authorized by Section 343.023 of the Texas Health & Safety Code, as amended, to
collect 10% interest per year on assessments pursuant to these procedures.
10.3 If the Commissioners Court has ordered assessment of such costs against the owner of the
Premises on which the public nuisance exists, the Administrator will request the Brazos County
District Attorney to proceed to collect the amount of the costs of removal, the cost of legal
notification by publication, if said procedure was utilized, an administrative fee of $100 plus
interest beginning on the 31st day after the date of the assessment, from said owner. The
Brazos County District Attorney may file suit to recover same if the Brazos County District
Attorney determines that the suit is necessary and economically feasible.
10.4 Upon satisfaction of any judgment or order issued pursuant to this Order, the Administrator is
authorized to sign any release or other document, upon review and approval by the Brazos
County District Attorney, to confirm that said orders or judgments have been complied with.
This includes, but is not limited to, releases of liens filed in the Official Public Records of Real
Property of Brazos County.
3
1 MAG E
Manage en
Document Efficiency
At Work:
A RICOH COMPANY
Product Schedule Number:
State and Local Government Master Agreement Number:
I'his Image Management Plus Product Schedule ( "Schedule") is made part of the State and Local Government blaster Agree tent ("Master A eement ")
identified on this Schedule between IKON Office Solutions, Inc. (`we" or "us ") and -5 O(l�_ _ 01
as Customer ( "Customer" or "you ")• All tNrrnS and conditions of the M utAgreement ¢e inrurporaled info
this Schedule and made a part hereof. It is the intent of the parties that this Schcdule be separately enforceable as a complete and independent agreurent,
independent of all other Schedules to tic Master Agreement.
CUSTOMER INFORMATION
{I ir_ oria- 011awct
Customer(Bill To) Hilting Corilnct NaI e
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Product Location Address Billing Address (ifdiffererrr from lwa ion address)
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City County State Zip City I County State Zip
Iii ing Contact Telephone Number Billing Contact Facsimile Numher _ Billing Contact E - Mail ,Address
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PRODUCT DESCRIPTION ( "Product')
Make &
PAYMENT SCHEDU I.E
Minimum Term Minimum Payment Minimum Payment Billing Frequency Advance Payment
nronrhs� _ 6'irhofit `!'ax) Monthly m
— ® Y I" Payent
( (_ � ¢ z Quarterly ® I" & Last Payment
P D "1 D J 2, 3 f 0c) Other: ❑ other:
Gua — ran teed Minimum Images *° Cost of Additional )mo cs° Meter tteadin /Billing Frequency
Color _ Color Monthly
( o! 4 700 Zer , DI + p 7� J ® <Ju:mcrl Coje/'
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* Based upon Ko nutm Payment Billing 1
° Based upon standard 8' 11" paper size. Paper sizes greater than S r /." x I I ° may count as more Ih:m one image.
Sales Tax Exempt: Yi ?S (Attach Exemption Certificate) Customer Billing Reference Number (1 4, etc.)
Addendum(s) attached: ® YES (check if ycs and indicate total number ol'pages: __ )
TERMS AND CONDITIONS
1. The first Payment will be due on the liffeclive I)atc.
2. You, the undersigned Customer, have applied to us to use the above - described items ("Product ") for lawful commercial (non- consumer) purposes.
THIS IS AN 1JN( >ONDITIONAI., NON - CANCELABLE AGREEMENT FOR THE MINIMUl9 TERM INDICATI ABOVE. If we accept
this Schedule, you agree to use the above Product on all the terms hereof, including the Terms and Conditions on the
Master Agreement. THIS WHA, ACKNOWLEDGE; THAT YOU HAVE READ AN[) UNDERSTAND THIS SCIIEDULI?
ANIk 7111E
MASTER AGl?EEb• ENT AND IIAVE RECEIVED A COPY OF THIS S(:HEDULE Am) TIIE NIASTER AGREEd ENT.
1 888 ASK JK0A xxiv ikon ruin i,,
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Vol. — 1, +9 __ Pg. a'`7
3. ]map
e Charges /Meters In return for the Minimum Payment, } rots are entitled to use the number of Guaranteed Minimum
Images as specified in the Payment Schedule of this Schedule. The Meter Reading/Bifling frequency is the period Of time
(monthly, quarterly, etc.) for which the number of images used will be reconciled. if y use more than the Guaranteed
Minimum Images during the selected Meter Reading/Billing Frequency period, you will pay additional charges at the
applicable Cost of Additional images as specified in the Payment Schedule of this Schedule for images, black and white
and/or color, which exceed the Guaranteed Minimum images ( "Additional Images "). The charge for Additional Images is
calculated by multiplying the number of Images times the applicable Cost of Additional images. The Meter
Reading/Billing Frequency may be different than the Minimum Payment Billing Frequency as specified in the Payment
Schedule of this Schedule. You will provide us or our designee with the actual meter reading(s) by submitting meter reads
electronically via an automated meter read program, or in any other reasonable manner requested by us or our designee
from time to time. If such meter reading is not received within seven (7) days of either the end of the Meter
Reading/Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for
estimated charges for Additional images will be made upon receipt of actual meter reading(s). Notwithstanding any
adjustment, you will never pay less than the Minimum Payment.
4. Additional Provisions (if any) are:
THE PERSON SIGNING T111S SCHEDULE ON BEHALF OF THE r1'¢Tn%4FV uVvaccrN•rc •r�..•r „r,c„w ....• ...... ..... ..m
BY: X
Authorized Signer Signature Y
Printed Name U UL � �,
"title: � ...__ Date:
Accepted by: IKON OFFICE SOLI!TIONS, INC.
By:
Authorized Signer Signature --
Printed Name:
'1'itle: _ - —Data:
1 888 1SK IKON tvtsty rkot.con
ti1 Ul'S- IKiPO4.11 u.i, nta•s„i:,. „ dt:uti.nrr, ,.,. ; -' A:.t :Al cip, .. i... :,'1""<;r,.,:' - Ill; . -..i,: u' ..,,,„i r .
VOL P�•
IKO OFFICE SOLUTIONS. INC CZ Document Efficiency
IMAGE MANAGEMENT PLUS COMMITMENTS AtWorfi'
. ,
The below service commitments (collectively, the "Service Commitments ") are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream
Parkway, Malvern, PA 19355 ("IKON"), and a wholly owned subsidiary of Ricoh Americas Corporation. "you" "your'
The wards and refer to you, our customer. You agree that IKON alone is the party to
provide all of the services set forth below and is fully responsible to you, the customer, for all of the Service Commitments. The Service Commitments
are only applicable to the equipment ('Product')
described in the Image Management Plus Product Schedule to which these Service Commitments are attached, excluding facsimile machines, singfe- function and wide - formal prir.ters and production
units. The Service Commitments are effective on the date the Product is by
accnpled you and apply during IKON's normal business hours, excluding wee kends and IKON recognized holidays. They
remain in effect for the Minimum Term so long as no ongoing default exists
on your part.
TERM PRICE PROTECTION
The Image Manage:neul Minimum Payment and the Cost of Additional Images, as described on
PERFORMANCE COMMITMENT
IKON is committed to performing these Service Commitments and agrees to perform its services
the Image Management Plus Product Schedule, will not increase in price during the Minirnum Term
of the Image Management Plus Product Schedule, unless agreed to in writing and signed by both
in
a manner consistent with the applicable manufacturer's specifications. If IKON fails to meet any
Service Commitments and in the unlikely event that IKON is not to
I
able repair the Product in your
office, IKON, at IKON's election, will provide to you either the delivery of a temporary loaner, for
PRODUCT SERVICE AND SUPPLIES
IKON will provide full coverage maintenance services. including replacement parts, drums, labor
use while the Product is being repaired at WON's service center, or IKON wlill' replace such Product
with comparable Product of equal or greater capability at no
and all service taus, during Normal Business Hours. 'Normal Business Hours' are between 8:00
additional charge. These are the
exclusive remedies available to you under the Image Management Plus Commitments, Customer's
a m. and 5:00 p.m , Monday to Friday excluding public holidays. IKON will also provide the
exclusive remedy shall be for IKON to re perform any Services not in compliance with this warranty
supplies required to produce images on The Product covered under the Image Management Plus
and brought to IKON's attention in writing within a reasonable time, but in no event more than thirty
Product Schedule (other than non - metered product and soft - metered product). The supplies will be
(30) days after such Services are performed. If you are dissatisfied With III performance, you
provided according to manufacturer's s r ationa�Qptienal supply items such as paper and
transparencies are not included. �
must send a registered letter outlining your concerns to the address specified below in the "Quality
:r^ T ^ 4 I qd {S Sy ?e5
Assurance' section. Please allow 30 days for resolution.
RESPONSE TIME COMMITMENT
IKON will provide a quarterly average response time of 2 to 6 business hours for all service call
ACCOUNT MANAGEMENT
Your IKON sales professional will, upon your request, be pleased to review your product
located within a 30 -mite radius of any IKON office, and 4 10 8 business hours for service calls
performance metrics on a quarterly basis and at a mutually convenient date and lime. IKON will
located within a 31 -60 mile radius for the term of the Image Management Plus Product Schedule.
follow up within 8 business hours of a call or a -mail [o one of our account management learn
Response time is measured in aggregate for all Product covered by the Image Management Plus
members requesting a metrics review. IKON will, upon your request, be pleased to annually
Product Schedule.
review your business environment and discuss ways in which we may improve efficiencies and
UPTIME PERFORMANCE COMMITMENT
reduce costs Relating 10 your document management processes.
IKON will service the Product to be Operational with a quarterly uplime average of 96% during
QUALITY ASSURANCE
Normal Business Hours, excluding preventative and interim maintenance lime. Downtime win begin
Please send all correspondence relating to the Service Commitments via registered letter to the
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Quality Assurance Department located al: 3920 Arkwright Road, Macon. GA 31210, Attn: Quality
You agree to make the Product available to IKON for scheduled preventative and interim
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issues conceming the above Service Commitments with your local IKON office. If eilher of the
needs you may have so that IKON can schedule with you interim and preventative maintenance in
Response Time or Uptimer Performance Commitments is not met, a one -lime credit equal to 3% of
advance of such needs. As used in these Service (,ommitments "Operational" means substantial
compliance with the manufacturers specifications andlor performance standards and excludes
your Mktimum Payment invoice total will he made available upon your request, Credit requests
must be made in writing via registered letter to the address
customary end -user corrective actions.
above. IKON is committed to
responding to any questions regarding invoiced amounts for the use of the Product relating to the
IMAGE VOLUME FLEXIBILITY AND PRODUCT ADDITIONS
At any time after the expiration of the initial ninety day of the original term Image
Product Schedule within In a hvo (2) day limeframe. To ensure the most tirne,Y response please
call 1.888- ASK -IKON:
period of the
Management Plus Product Schedule to which these Service Commitments relate, IKON win, upon
MISCELLANEOUS
your request, review your image volume. If the image volume has moved upward or downward in
These Service Commitments do not cover repairs resulting from misuse (including without
an amount sufficient for you to consider an alternative plan, IKON win present pricing options to
li,mitabon improper voltage or environment or the use of supplies that do not conform to the
conform to a new image volume. If you agree [hat additional product is required to salisfy your
manufacturer's specifications), subjective matters (such as color reproduction accuracy) or any
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addition of product andlor increasesMecreases to the Guaranteed Minimum Images requires an
other factor beyond the reasonable control of IKON. IKON and you each acknowledge that these
Service Commitments represent the entire understanding of the
amendment ('Amendment') to the Image Management Plus Product Schedule that must be agreed
parties with respect to the subject
matter hereof and that your sole remedy for any Service Commitments not performed in
to and signed by both you and IKON. The term of the Amendment may not be less than the
accordance with the foregoing is as set forth under the section hereof entitled "Performance
remaining term of the existing Image Management Plus Product Schedule but may extend the
Commitment ". The Service Commitments made herein are service andlor maintenance warranties
remaining term of the existing Image Management Plus Product Schedule for up town additional
and are not product warranties. Except as expressly set forth herein, IKON makes no warranties,
60 months. Adjustments to the Guaranteed Minimum Images commitment and /or the addition of
express or implied, including any implied warranties of merchaniabilily, fitness for use. of fitness for
product may result In a higher or lower minimum payment. Images decreases are limited to 25% of
a particular purpose. Neither party hereto shall be liable to the other for any consequential,
the Guaranteed Minimum Images in effect at the time of Amendment.
indirect, punitive or special damages. Customer express ?y acknowledges and agrees that: in
PRODUCT AND PROFESSIONAL SERVICES UPGRADE OPTION
connection with the security or accessibility of information slored in or recoverable from any
At any time after the expiration of one -haft of the original term of the Image Management Plus
Product provided or serviced by IKON, Customer is solely responsible for ensuring its own
Product Schedule to which these Service Commitments relate, you may reconfigure the Product by
compliance with legal requirements or obligations to third parties pertaining to data security,
adding, exchanging, or upgrading to an item of Product with additional features or enhanced
retention and protection To the extent allowed by law Customer shall indemnify and hold harmless
technology. A new Image Management Plus Product Schedule or Amendment must be agreed to
IKON and its subsidiaries directors, officers. employees and agents from and against any and all
and signed by you and IKON for a term not less than the remaining term of Ire existing Image
costs. expenses, liabilities, claims, damages, losses, judgments or fees (including reasonable
Management Plus Product Schedule but may; in the case of an amendment, extend the remaining
attorneys' fees) arising from its failure to comply with any such legal requirements or obligations.
term of the existing Image Management Plus Product Schedule for up to an additional 60 months.
These Service Commitments shall be governed according to the laws cf the Commonwealth of
the Image Management Cost of Additional Images and the Minimum Payment of the new Image
Pennsylvania wiih0ul regard to its conflicts of law principles. These Service Commitrnenls are not
Management Plus Product Schedule or Amendment will be based on any obligations remaining on
assignable by the Customer Unless otherwise; stated in your Implercentalicn Schedule, your
the Product, the added product and new image volume commitment. Your IKON Account
Product will ONLY be serviced by an "IKON Certified Technician'. You acknowledge and agree
Executive will be pleased to work with you on a Technology Refresh prior to the end of your image
that, in connection with its performance of its obligations under these Service Commitments, IKON
Management Plus Product Schedule or Amendment.
may place automated meter reading units on imaging devices, including but not limited to the
Product, at your location in order to facilitate the timely and efficient collection of accurate meter
read data on a monthly, quarterly or annual basis. IKON agrees That such units will be used by
IKON solely for such purpose, Once transmitted, all meter read data shall became the sole
property of IKON and will be utilized for billing purposes.
20-
CUSTOMER`DI'Q
Name:, _
Title:__
eacn parry has caused its duty authorized officer to execute these Image Management Plus Cof
Crt'7frLiti ('
IKON OFFICE SOLUTIONS, INC.
Name:___
— -._
Title:
Date:
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THE SOFTWARE IS
PROVIOEQ SUBJECT TO
^Mice THESE TERMS AND CONDITIONS. PLEASE
READ THE FOLLOWING iNFORMATIONU READ THE FOLLOWING INFORMATION
oneneanurunicalior. CAREFULLY. This End User License
Agreement ( "Agreement") is a binding legal
contract between you and eZuce Corp. ( "eZuce "). you understand and agree that
by signing this Agreement, you will be bound by the terms of this Agreement. If
you agree to the terms of this Agreement on behalf of a business or organization, you
represent and warrant that you have the authorityto bind that business or organization
to this Agreement and your agreement to the terms of this Agreement will be treated as
the agreement of the business or organization. In that event, "you" and "your' will refer
to and apply to the user of the Software or Enhancements or any associated
documentation, or that business or organization, as required by the context. If you do
not agree to the terms of this Agreement, eZuce is not willing to license to you
and you may not download, install, access, use, or copy the Software or
Enhancements or any associated documentation. "Software" shall mean the
openUC software made available via the eZuce website or otherwise provided to
you by eZuce.
1. GRANT OF LICENSE
This Agreement grants you the following rights, as applicable:
(a) License. Subject to the terms and conditions of this Agreement, eZuce
grants you a perpetual, revocable, limited, nontransferable, nonexclusive
license to use the object code version of the Software solely for your
internal business purposes. The Software is licensed to you, not sold.
Except for the limited license granted in this Agreement, eZuce and its
licensors retain all right, title, and interest in the Software, all copies
thereof, and all proprietary rights in the Software, including copyrights,
patents, trademarks, and trade secret rights.
(b) Named Users. Your cumulative usage of the Software shall not exceed the
following number of Named Users: 1000. "Named Users" Shall mean an
individual employed or under contract with you, authorized by you to use
the applicable Software under the terms of this Agreement, and assigned a
unique user id from the system administration portal.
(c) Enhancements. eZuce reserves the right to upgrade, enhance, change, or
modify the Software at any time in its sole discretion ( "Enhancements ").
Any Enhancements made available to you by eZuce, if any, will be subject
to the terms of this Agreement, except to the extent that conflicting or
more restrictive provisions are agreed upon in future agreements relating
to such Enhancements.
(d) Third Party Components. The Software and future Enhancements may
contain certain third party components, including open source software
( "Third Party Components ") which are provided to you under terms and
conditions which are different from this Agreement, including open source
license agreements, or which require eZuce to provide you with certain
notices and information. eZuce will make available a list of such Third
Party Components and associated license agreements upon your request.
Such Third Party Components may change from time to time, at eZuce's
sole discretion. Your use of each Third Party Component which contains or
is accompanied by its own license agreement will be subject to the terms
and conditions of such other license agreement, and not this Agreement.
Notwithstanding the foregoing, the following terms and conditions apply
to all Third Party Components: (i) all Third Party Components are provided
on an "AS IS" AND "AS AVAILABLE" basis; (ii) eZuce will not be liable to you
or indemnify you for any claims arising out of or related to the Third Party
Components; and (iii) eZuce will not be liable for any direct, indirect,
incidental, special, exemplary, punitive or consequential damages with
respect to the Third Party Components. Except as may be provided in
associated license agreements for Third Party Components, your sole and
exclusive remedy with regard to any defect, claim, or other dispute relating
to the Third Party Components is to cease use of such components.
(e) Beta Software. eZuce may designate certain Enhancements or new
releases of Software as "Beta Software" Such Beta Software will not be
ready for use in a production environment. At this early stage of
development, operation of the Beta Software may be unpredictable and
lead to erroneous results. You acknowledge and agree that: (i) the Beta
Software is experimental and has not been fully tested; (ii) the Beta
Software may not meet your requirements; (iii) the use or operation of the
OPENUC SOFTWARE
END USER LICENSE AGREEMENT
ST
Beta Software may not be uninterrupted or error free; (iv) your use of the
Beta Software is for purposes of evaluating and testing the product and
providing feedback to eZuce; (v) you shall inform your employees, staff
members, and other users regarding the nature of the Beta Software; and
(vi) you will hold all information relating to the Beta Software and your use
of the Beta Software, including any performance measurements and other
data relating to the Beta Software, in strict confidence and shall not
disclose such information to any unauthorized third parties. Your use of
the Beta Software shall be subject to all of the terms and conditions set
forth herein relating to the Software. You shall promptly report any errors,
defects, or other deficiencies in the Beta Software to eZuce.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ALL
BETA SOFTWARE 15 PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
WARRANTIES OF ANY KIND. You hereby waive any and all claims, now
known or later discovered, that you may have against eZuce and its
suppliers and licensors arising out of your use of the Beta Software.
2. LIMITATIONS ON LICENSE
(a) Restrictions. The license granted to you in this Agreement is restricted as
follows: (i) you may not copy or distribute the Software except to the
extent that copying is necessary to use the Software for purposes set forth
herein; (ii) you may not reverse engineer, decompile, disassemble, modify,
or create works derivative of the Software; (iii) you may not alter or modify
any disabling mechanism which may be resident in the Software; (iv) you
may not assign, sublicense, rent, timeshare, loan, lease, or otherwise
transfer the Software, or directly or indirectly permit any third party to use
or copy the Software; (v) you may not remove any proprietary notices
(e.g., copyright and trademark notices) from the Software and you must
reproduce the copyright and all other proprietary notices displayed on the
Software on each permitted back -up or archival copy; and (vi) you shall be
solely responsible for ensuring that your use of the Software is in
compliance with all applicable foreign, federal, state, and local laws, rules,
and regulations.
(b) Hardware. The Software must be used on hardware that meets or
exceeds eZuce recommended specifications. Such specifications are
available on the eZuce website.
(c) Documentation. All use of the Software shall be in accordance with its
then - current documentation.
(d) Confidentiality. You acknowledge and agree the Software and associated
documentation constitute valuable proprietary and confidential
information and intellectual property (collectively, the "Proprietary
Information") of eZuce and its licensors. You may not use or disclose the
Proprietary information without eZuce's prior written consent, except
disclosure to and subsequent uses by your employees and contractors who
have a need -to -know, provided such employees and contractors have
executed written agreements restricting use or disclosure of Proprietary
Information that are at least as protective as those set forth in this
Agreement. You agree to use at least the same degree of care in
protecting the Proprietary Information as you use to protect your own
similar information, but in no event less than reasonable care. You
acknowledge that due to the unique nature of the Proprietary Information,
eZuce will not have an adequate remedy in money or damages in the event
of any unauthorized use or disclosure of its Proprietary information. In
addition to any other remedies that may be available in law, in equity, or
otherwise, eZuce shall be entitled to obtain injunctive relief to prevent
such unauthorized use or disclosure. You shall not use any information or
data disclosed by eZuce in connection with this Agreement to contest the
validity of any eZuce intellectual property. Any such use of eZuce's
information and data shall constitute a material, non - curable breach of this
Agreement.
3. SUPPORT SERVICES
For the avoidance of doubt, the parties agree and acknowledge that no support
services will be provided by eZuce under this Agreement. Any such services will
be performed under a separate Support Services Agreement.
4. FEES; TAXES
You agree to pay eZuce's then - current and applicable license fees for the
Software. License fees are payable in advance. All amounts due hereunder shall
be paid within thirty (30) calendar days of the date of the invoice. Payments not
Vol 14 I T Pg.
made within such time period shall be subject to late charges equal to the lesser
of (a) one and one -half percent (1.5 %) per month of the overdue amount or (b)
the maximum amount permitted under applicable law. In the event an invoice
remains unpaid forty -five (45) or more calendar days from the invoice date,
eZuce may, in its discretion, terminate this Agreement.
All taxes, duties, fees and other governmental charges of any kind (including
sales and use taxes, but excluding taxes based on the gross revenues or net
income of eZuce) that are imposed by or under the authority of any government
or any political subdivision thereof on the fees for the Software provided by
eZuce under this Agreement, shall be borne solely by you. Brazos County has
represented that it is tax exempt. As a result, the foregoing language relating to
taxes in this paragraph is hereby deleted based upon this representation. if such
representation proves to be incorrect, the paragraph will come back into force
as though never deleted. You agree to pay all court costs, fees, expenses and
reasonable attorneys' fees incurred by eZuce in collecting delinquent fees.
S. TERM; TERMINATION
(a) Term. This Agreement and the license to the Software will commence at
the time and on the day you sign this Agreement, and continue in effect
until it is terminated (the "Term ") as provided in this Section 5 (Term;
Termination).
(b) Termination. Without prejudice to any other rights, eZuce may terminate
this Agreement on thirty (30) calendar days prior written notice if you fail
to comply with any of the terms and conditions of this Agreement and fail
to cure the failure within the foregoing period. In the event of a claim of
intellectual property infringement by any third party relating to the
Software, eZuce reserves the right to immediately terminate this
Agreement and the rights granted hereunder. eZuce may, in its sole
discretion, suspend or terminate your license to the Software if you are
using the Software in a manner not intended or in violation of law.
(c) Licensee's Termination Obligations. In the event of any expiration or
termination of this Agreement for any reason, the license to the Software
shall terminate and you must remove all copies of the Software and all of
its components from ail of your systems, and destroy all related media and
documentation, if any.
6. LIMITED WARRANTY
eZuce warrants the physical media and documentation, if any, provided with the
Software to be free of defects in materials and workmanship under normal use
for a period of ninety (90) calendar days from the date you purchase the license
to the Software. If eZuce receives notification within the warranty period of
defects in materials or workmanship, and such notification is determined by
eZuce to be correct, as your sole and exclusive remedy eZuce will replace the
defective media or documentation. All warranty claims not made in writing
within the warranty period shall be deemed waived. The warranty provided in
this Section is solely for your benefit and you shall have no authority to extend
the warranty to any third party. eZuce shall not be liable for failures caused by
third party hardware and software (including your own systems), misuse of the
Software, modifications to the Software other than by eZuce, or your negligence
or willful misconduct.
7. WARRANTY DISCLAIMER
EXCEPT AS PROVIDED IN SECTION 6 (LIMITED WARRANTY), THE SOFTWARE IS
PROVIDED ON AN "AS 15" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, EZUCE AND ITS LICENSORS DISCLAIM ALL
WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING THE IMPLIED
WARRANTIES OF NON- INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET
ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR
PURPOSE. EZUCE DOES NOT WARRANT THAT THE SOFTWARE WILL MEETYOUR
REQUIREMENTS, OR THAT THE OPERATION OF .THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR -FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. YOU UNDERSTAND AND AGREE THAT YOUR INSTALLATION, USE, AND
ACCESS OF THE SOFTWARE IS ATYOUR SOLE DISCRETION AND RtSK AND THATYOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SOFTWARE, AND THE
LOSS OF BACKED -UP DATA THAT RESULTS FROM THE USE THEREOF. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY EZUCE SHALL CREATE ANY
ADDITIONAL EZUCE WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF
EZUCE'S OBLIGATIONS HEREUNDER.
OPENUCSOFTWARE
END USER LICENSE AGREEMENT
ST 9620842.2
EZUCE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED
WITH REGARD TO ANY, HARDWARE, PRODUCTS, SOFTWARE, OR
PROGRAMMING OBTAINED BY YOU FROM THIRD PARTIES (COLLECTIVELY, THE
"THIRD PARTY ITEMS "). EZUCE EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON -
INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF
INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO
THE THIRD PARTY ITEMS. YOU SHOULD CONSULT THE RESPECTIVE VENDORS
AND MANUFACTURERS OF THE THIRD PARTY ITEMS FOR WARRANTY AND
PERFORMANCE INFORMATION.
THE SOFTWARE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER
THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT EZUCE DOES NOT
OPERATE OR CONTROL THE INTERNET AND THAT: (1) VIRUSES, WORMS, TROJAN
HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (11) UNAUTHORIZED
USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE
YOUR DATA, WEB - SITES, COMPUTERS, OR NETWORKS. EZUCE SHALL NOT BE
RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE
SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EZUCE OR
ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT
DAMAGES, OR ANY OTHER DAMAGES, WHICH SHALL INCLUDE DAMAGES FOR
PERSONAL INJURY, LOST PROFITS, LOST DATA, AND BUSINESS INTERRUPTION,
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF EZUCE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE
ENTIRE LIABILITY OF EZUCE AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS
UNDER THIS AGREEMENT FOR ALL DAMAGES OF EVERY KIND AND TYPE SHALL
BE LIMITED TO THE INITIAL LICENSE FEE PAID BY YOU FOR THE SOFTWARE. THE
FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE
NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES, YOU EXPRESSLY RECOGNIZE
AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF
THIS AGREEMENT AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE
SOFTWARE.
Some states do not allow the exclusion of incidental or consequential damages,
or the limitation on how long an implied warranty lasts, so some of the above
may not apply to you.
9. INDEMNITY
You agree to indemnify, defend, and hold harmless eZuce and its officers,
directors, shareholders, agents, affiliates, and licensors from and against any and
all third party claims of any kind (including attorney's fees and litigation costs)
arising out of, resulting from, or in connection with your breach of this
Agreement or your use or misuse of the Software, including any combination of
the Software with any hardware, software, or other intellectual property not
provided by eZuce.
10. GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of the
State of Texas, without regard to its conflict of law provisions. This Agreement
shall not be governed by the 1980 U.N. Convention on Contracts for the
International Sale of Goods. Any action or proceeding brought by either party
hereto shall be brought only in a state or federal court of competent jurisdiction
located in Bryan, Texas and the parties submit to the in personam jurisdiction of
such courts for purposes of any action or proceeding.
11. GENERAL
This Agreement constitutes the entire understanding and agreement between
eZuce and you with respect to the transactions contemplated in this Agreement
and supersedes all prior or contemporaneous oral or written communications
with respect to the subject matter of this Agreement, all of which are merged in
this Agreement. In particular, if you are a current licensee of the Software, this
Agreement shall supersede your existing license agreement and that agreement
shall be of no further force or effect. This Agreement shall not be modified,
amended, or in any way altered except by an instrument in writing signed by
authorized representatives of both parties. Any rule of construction to the effect
that ambiguities are to be resolved against the drafting party will not be applied in the
construction or Interpretation of this Agreement. As used in this Agreement the words
"Include and "including," and variations thereof, will not be deemed to be terms of li
v`
limitation, but rather will be deemed to be followed by the words "without limitation."
If one or more of the provisions herein shall be held invalid, illegal, or unenforceable in
any respect, the validity, legality, and enforcement of the remaining provisions Shall not
be affected or impaired. The failure to enforce or the waver by either party of a default
or breach of the other party shall not be considered to be a waiver of any subsequent
default or breach. The following provisions shall survive any termination or
expiration of this Agreement: Sections 1(d) (Third Party Components), 1(e) (Beta
Software), 2 (Limitations an License), 5 (Term; Termination), 7 (Warranty
Disclaimer), 8 (Limitation of Liability), 9 (Indemnity), 10 (Governing Law), 11
(General), and 13 (U.S. Government Rights). eZuce may assign any of its rights
or obligations hereunder as it deems necessary, IT IS EXPRESSLY UNDERSTOOD
AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER 15 DETERMINED
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY
AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT.
12, EXPORT
You many not export, directly or indirectly, the Software to any country for
which the United States requires any export license of other governmental
approval without first obtaining such license or approval. It shall be your
responsibility to comply with such export laws, rules, and regulations. You shall
defend, indemnify, and hold harmless eZuce from and against any and all
damages, fines, penalties, assessments, liabilities, costs, and expenses (including
attorneys' fees and expenses) arising out of any claim the Software was
exported or otherwise shipped or transported by you in violation of applicable
laws, rules, and regulations.
13. U.S. GOVERNMENT RIGHTS
For the avoidance of doubt, the Software constitutes commercial computer software as
that term is described in 48 C.F.R. 252.227- 7014(a)(1). If acquired by or on behalf of a
civilian agency, the U.S. Government acquires this commercial computer software
and /or commercial computer software documentation subject to the terms of this
Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical
Data) of the Federal Acquisition Regulations ( "FAR ") and its successors. If acquired by or
on behalf of any agency within the Department of Defense ( "DOD "), the U.S,
Government acquires this commercial computer software and /or commercial computer
software documentation subject to the terms ofthis Agreement as specified in 48 C.F.R.
227.7202 -3 of the DOD FAR Supplement ( "DFARS ") and its successors.
14. AUTHORIZATION
By (a) signing this Agreement, or (b) downloading, installing, accessing, or using
the Software and any associated documentation and Enhancements, you
indicate that you have the authority to bind yourself and your organization to
the terms of this Agreement.
15. ELECTRONIC SIGNATURES /ACCEPTANCE
This Agreement may be accepted in electronic form (e.g., by an electronic or
digital signature or other means of demonstrating assent) and your acceptance
will be deemed binding between the parties. You agree that you will not contest
the validity or enforceability of this Agreement because it was accepted in
electronic form.
AGREED AND ENTERED INTO as of the date written below.
�,AIA2L:t) Lu nIAA
Company � _�....
4 Signature
Dunnie Rvkr 5
Printed Name
Title
EZUCE
m* J
Signature
Gerald Stabile
Printed Name
Title
08 -1b -2011
Date
ST
08/16/2011
Date
Vol. 1 ff I Pg. 33
This Support Services Agreement
("Agreement") is made as of August 16,
2011(the "Effective Date "), by and between
ence
noenca�mrniraricri. eZuce Corp. ( "eZuce ") Brazos County
( "Customer").
In consideration of the foregoing Recitals (which are incorporated into this
Agreement) and the mutual covenants and agreements provided below, the
parties agree as follows:
The terms and conditions of this Agreement apply to and govern all Support
Services provided by eZuce. For the avoidance of doubt, the eZuce Software
licensed by Customer is exclusively governed by the applicable eZuce standard
end user license agreement. No software products are licensed under this
Agreement and this Agreement will have no application to those products.
I. SUPPORT SERVICES
(a) Definitions
(1) "Error" means a verifiable programming error, logic error, or "bug"
within the Software, or other defect in the Software that causes it to
operate not in material conformity with its documentation. Under no
circumstances shall a new feature request or requirement by
Customer, nor a request to support a new type of hardware or
application not previously supported by the Software, be considered
an Error correction event.
(ii) "Fir' means programming performed by eZuce to remedy an Error.
(iii) "Severity Level V means an Error that renders the Software
inoperative or causes the Software to fail catastrophically.
(iv) "Severity Level 2" means an Error that will impact the performance
and use of the Software, but does not substantially degrade the
performance of the Software or does not materially restrict
Customer's use of the Software.
(v) "Severity Level! 3" means an Error that causes only a minor impact on
the performance of the Software or Customers use of the Software.
(vi) "workaround" means a change in the procedures followed or data
supplied by Customer to avoid or minimize the impact of an Error
without substantially impairing Customers use of the Software.
(b) Services
(i) Enhancements. ezuce will provide Customer with enhancements
that eZuce distributes to its other customers generally_ If eZuce
distributes any enhancement as an option or new product for which
it charges an additional fee, it will make such option or new product
available to Customer on the same terms as it offers generally to
other similarly situated customers.
(ii) Error Corrections. eZuce will use commercially reasonable efforts to
correct Errors in the Software which are reported by Customer during
eZuce's normal business hours (which are currently Monday through
Friday, 7:00 a.m. — 10:00 p.m. EST) by issuing either: (1) "Correction
Information," such as correction or corrected documentation, if the
Error is reasonably classified by eZuce as an Error in the
documentation; or (2) "Support Modifications," if the Error is
reasonably determined by eZuce to reside in the programming of the
Software itself. As used herein, a "Support Modification" to the
Software means a revision or modification thereto which provides
Error correction or which otherwise is intended to remedy the
reported, verifiable, material non - conformity of the Software with its
documentation. eZuce shall respond to Errors in accordance with the
priority level reasonably assigned to such Error by eZuce and in
accordance with the following;
Severity
Level
Response Requirement
Severity
• Respond within one (1) hour after receipt of the
Leven
request for technical support
• Promptly commence the following procedures:
• assign eZuce engineers to correct the Error;
Severity
• notify eZuce management that such Error has
i
been reported and of steps being taken to
correct such Error;
• provide Customer with periodic reports on the
status of the corrections; and
• initiate work to provide Customer with a
Workaround or Fix
ST
Severity
Respond within four (4) hours after receipt of the
Level 2
request for technical support
• Exercise commercially reasonable efforts to include
a Fix for the Error in the next regular update or
release of the Software
Severity
• Respond within one (1) business day after receipt of
Level 3
the request for technical support
• May include a Fix for the Error in a later major
release of the Software
In the event Customer should become dissatisfied with ezuce's
response time to support calls or its efforts to resolve an Error, the
matter shall be escalated as provided in Section 1(c) (Escaiation of
Support Issues) below, The parties shall discuss in good faith possible
means to resolve the escalated Issues and to reduce the potential for
future issues.
(iii) Support Request Submission Support Requests must be made by the
designated Customer Contact only. Customer Contact shall (a) notify
eZuce of support requests via the eZuce- specified telephone number,
email address, or web portal, provided that notification of any
Severity Level 1 support requests shall be made only by telephone by
speaking live to or leaving a voicemail for eZuce technical support
personnel at the eZuce- specified telephone number, and (b)
otherwise interact with eZuce regarding support requests in
accordance with the eZuce - specified procedures (as updated from
time to time). Onsite support is available at eZuce's then current
time and materials rates. Support Services do not include
installation, integration, or configuration services or development of
custom software or customization services.
(iv) Customer Contact. eZuce will provide Support Services to Customer
only by communication with the Customer's designated technical
contact or contacts (the "Customer Contact "). Customer shall use
commercially reasonable efforts to maintain consistent Customer
Contacts during the Term of this Agreement. Customer may not use
a single Customer Contact to act as a forwarding service for other
personnel. The Customer Contact may not use Support Services on
the basis of this Agreement to benefit any person or entity other
than Customer. Each Customer Contact must (1) be able to
communicate in standard American English with understandable
accents or otherwise demonstrate sufficient language skills as
reasonably determined by eZuce, (2) be able to provide written
descriptions of reported problems, together with reasonable
supporting data, (3) have the relevant technical knowledge necessary
to assist eZuce in performing the Support Services contemplated
under this Agreement, including familiarity with the Software, and (4)
have read and write access to all necessary files and remote access.
(v) Remote Access. Customer acknowledges that eZuce's ability to
perform certain Support Services may be conditioned upon remote
access to Customer's computer system as reasonably requested by
ezuce,
(vi) Self -Help Support. eZuce will provide Customer with access to
eZuce's internet -based self -help support system, including web
access to eZuce's Tech Notes database.
(vii) Supported Software. eZuce will only provide Support Services for the
most recent release of the Software which utilizes all enhancements
and corrections made available to Customer. eZuce may discontinue
support of older releases of the Software by providing notice at
www.eZuce.com /support. eZuce may, at its discretion, decline to
provide Support Services for Software that has been modified or
changed by Customer in any way, or combined with any other
software not approved by eZuce.
(viii) Supported Hardware and Platforms. eZuce will only provide Support
Services for 5oftware being used in connection with Supported
Hardware and Platforms. "Supported Hardware and Platforms"
means hardware and platforms recommended by eZuce for use with
the Software. Information regarding the eZuce supportability status
of hardware and platforms, as revised from time to time, can be
found at www.eZuce.com/support.
(c) £scolotion
Support issues shall be escalated as follows:
(i) www.eZuce.com /support support @ezuce.Com. or 978 - 296 -3005
(ii) Director Technical Services, mpicher@ezuce.com
vol. 14 p 34
(iii) Vice President and Services, LstabilePexuce.com
(a)
(b)
(c)
4.
2. CUSTOMER RESPONSIBILITIES
Customer and its personnel shall cooperate fully with eZuce and its personnel in
all respects, including providing responses to eZuce's requests for information,
providing access to the facilities and systems on which the Software is installed,
and providing access to all necessary information regarding Customer's systems
and facilities. Customer will be responsible for making, at its own expense, any
changes or additions to Customer's current systems, software, and hardware
that may be required to support operation of the Software. Customer shall only
be eligible to receive Support Services hereunder if (a) it has paid all accrued
fees associated with the Software and (b) it is not otherwise in default or
violation of any material provision of the Agreement.
3. FEES, EXPENSES, AND PAYMENT
Fees. In consideration of the Support Services to be performed by eZuce,
Customer will pay eZuce the fees set forth in the applicable order form.
Unless provided otherwise in an order form, the fees for Support Services
are payable annually in advance, and Customer will be invoiced monthly
for any additional fees, including any fees for onsite support, following the
Initial Term, eZuce, in its sole discretion, may increase the fees due for a
Renewal Term on thirty (30) calendar days written notice prior to the
commencement of the Renewal Term, which adjustment shall be effective
on the commencement of the Renewal Term. Customer shall be
responsible for those sales, use, and similar taxes associated with its
receipt of the Support Services, excluding taxes based on eZuce's income,
personnel, or property. Unless otherwise provided in this Agreement,
payment for all other services rendered by eZuce shall be at eZuce's then
current rates.
Expenses. Customer will reimburse eZuce for the following expenses as
follows: 1. Airfare — Customer will reimburse eZuce for airfare;
however, Customer will not reimburse for first class travel. 2. Lodging —
Customer will reimburse eZuce for the actual cost of lodging, not to exceed
$85.00, excluding taxes, per night, per hotel room. 3. Car Rental —
Customer will reimburse for necessary car rental at the sedan rate (no
luxury cars) and gasoline for the car rental with receipts. The Customer
will not reimburse mileage on a car rental. 4. Meal Expenses —
Customer will reimburse eZuce for meal expenses at a per diem rate of
$36.00 per day, per person. 5. Incidentals — Customer will reimburse
eZuce for incidental expenses including courier services, photocopying,
facsimile, long distance telephone calls that are related to Customer
business and video conferencing. Expenses will be invoiced on a monthly
basis. eZuce will provide Customer all documentation of expenses set
forth herein prior reimbursement. Travel expenses and other expenses,
other than photocopying, facsimile, and long distance telephone calls,
must be approved in advance by Customer before they are incurred.
Customer will also reimburse eZuce for special or unusual expenses
incurred at Customer's specific request. eZuce will not be responsible for
delays caused in seeking and obtaining Customer's approval of expenses.
Customer will not be responsible for delays cause in seeking and obtaining
documentation of expenses.
Payment. All invoices must be paid by Customer within thirty (30) calendar
days after invoice date. Payments not made within such time period will
be subject to late charges equal to the lesser of (i) one and one -half
percent (1.596) per month of the overdue amount or (ii) the maximum
amount permitted under applicable law. eZuce may suspend performance
of the Support Services if Customer falls to timely pay eZuce as required
under this Agreement. Any failure to pay will constitute a material breach
of this Agreement by Customer.
TERM AND TERMINATION
I (a) Term. This Agreement will be effective from the Effective Date and shall
remain in effect for one (1) year thereafter, unless earlier terminated as
provided herein (the "Initial Term "). Upon the expiration of the Initial
Term, this Agreement shall automatically renew for successive one (1) year
terms (each a "Renewal Term" and together with the Initial Term, the
"Term "), unless either party provides written notice to the other party of
such party's intent not to renew at least ninety (90) calendar days prior to
the expiration of the then- current term.
(b) Terminotion. This Agreement may be terminated by either party upon
written notice to the other, if the other party breaches any material
SUPPORT SERVICES AGREEMENT
ST 622214.1
obligation provided hereunder and the breaching party fails to cure such
breach within thirty (30) calendar days after receipt of the notice. The
following provisions will survive termination or expiration of this
Agreement: Sections 3 (Fees, Expenses, and Payment), 4(b) (Termination),
5 (Intellectual Property Rights), 7 (Disclaimer of Warrantiesl, 8 (Limitation
of Liability), 9 (Confidentiality), 11 (Miscellaneous).
5. INTELLECTUAL PROPERTY RIGHTS
This is not a work made- for -hire agreement (as that term is defined in Section
101 of Title 17 of the United States Code). All right, title, and interest in the
Support Services, including all of eZuce's preexisting intellectual property,
including all intellectual property rights and the right to register applicable
patents, copyrights, and other rights, will be held and owned exclusively by
eZuce.
6. LIMITED WARRANTIES
eZuce warrants that the Support Services will be performed in a workmanlike
and professional manner by appropriately qualified personnel. As the sole and
exclusive remedy of Customer for breach of the foregoing warranty, eZuce shall,
at its option, either re- perform the Support Services so that they do conform
with the foregoing warranty or refund to Customer a prorated portion of the
fees paid in connection with the applicable Support Services. The warranties
provided in this Section are solely for the benefit of Customer and Customer will
have no authority to extend such warranty to any third party.
7. DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED IN SECTION 6 (LIMITED WARRANTIES), THE SUPPORT
SERVICES ARE PROVIDED "AS IS" AND "AS- AVAILABLE," WITH ALL FAULTS, AND
WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS PROVIDED IN SECTION 6
(UMITED WARRANTIES), EZUCE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
AND IMPLIED, INCLUDING THE IMPUED WARRANTIES OF MERCHANTABILITY,
QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON - INFRINGEMENT,
AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER EXPRESSLY AGREES AND
ACKNOWLEDGES THAT USE OF THE SUPPORT SERVICES IS AT CUSTOMER'S SOLE
RiSK. EZUCE DOES NOT WARRANT THAT THE SUPPORT SERVICES WILL MEET
CUSTOMER'5 REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY EZUCE OR EZUCE'S AUTHORIZED REPRESENTATIVES WiLL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY. EZUCE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS
OR IMPLIED WITH REGARD TO THE THIRD PARTY CONTENT OR ANY SOFTWARE,
EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES (COLLECTIVELY,
THE "THIRD PARTY ITEMS"). EZUCE EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NOW
INFRINGEMENT WITH REGARD TO THE THIRD PARTY ITEMS. CUSTOMER
SHOULD CONSULT THE RESPECTIVE VENDORS/MANUFACTURERS OF THE THIRD
PARTY ITEMS FOR WARRANTY AND PERFORMANCE INFORMATION. NOTHING
IN THIS AGREEMENT SHALL BE INTERPRETED AS A WARRANTY, EITHER EXPRESS
OR IMPLIED, BY EZUCE THAT WOULD EXPAND IN ANY WAY A
VENDOR/MANUFACTURER'S STANDARD END -USER WARRANTY.
8. LIMITATION OF LIABILITY
iN NO EVENT WILL EZUCE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR
ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING INDIRECT,
SPECIAL, PUNITIVE, AND EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS
INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH EZUCE'S
PERFORMANCE UNDER THIS AGREEMENT OR FOR ANY CLAIM BY ANY OTHER
PARTY, EVEN IF EZUCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. EZUCE'S TOTAL LIABILITY TO CUSTOMER FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR
OTHERWISE), SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE
HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.
9. CONFIDENTIALITY
During the course of this Agreement, each party may disclose to the other
certain non - public information or materials relating to a party's products,
intellectual property, business, marketing programs and efforts, and other
confidential information and trade secrets ( "Confidential Information ").
Notwithstanding the foregoing, Confidential information does not include
information that: (a) is or becomes publicly available through no breach by the
receiving party of this Agreement; (b) was previously known to the receiving
party prior to the date of disclosure, as evidenced by contemporaneous written
Vol. 1 't �J Pg.
records; (c) was acquired from a third parry without any breach of any obligation
of confidentiality; (d) was independently developed by a party hereto without
reference to Confidential Information of the other party; or (e) is required to be
disclosed pursuant to a subpoena or other similar order of any court or
government agency, provided, however, that party receiving such subpoena or
order shall promptly inform the other party in writing and provide a copy
thereof, and shall only disclose that Confidential Information necessary to
comply with such subpoena or order. Except as expressly provided herein, the
receiving party will not use or disclose any Confidential information of the
disclosing party without the disclosing party's prior written consent, except
disclosure to and subsequent uses by the receiving party's employees or
consultants on a need -to -know basis, provided that such employees or
consultants have executed written agreements restricting use or disclosure of
such Confidential Information that are at least as restrictive as the receiving
party's obligations under this Section. Subject to the foregoing nondisclosure
and non -use obligations, the receiving party agrees to use at least the same care
and precaution in protecting such Confidential information as the receiving
party uses to protect the receiving party's own Confidential Information and
trade secrets, and in no event less than reasonable care. Each party
acknowledges that due to the unique nature of the other party's Confidential
Information, the disclosing party will not have an adequate remedy in money or
damages in the event of any unauthorized use or disclosure of its Confidential
Information. In addition to any other remedies that may be available in law, in
equity or otherwise, the disclosing party shall be entitled to injunctive relief to
prevent such unauthorized use or disclosure.
10. FORCE MAJEURE
Except with regard to payment obligations, either party shall be excused from
delays in performing or from failing to perform its obligations under this
Agreement to the extent the delays or failures result from causes beyond the
reasonable control of the party, including default of subcontractors or suppliers,
failures of third party software, default of third party vendors, acts of God or of
the public enemy, U.S. or foreign governmental actions, labor shortages or
strikes, communications or utility interruption or failure, fire, flood, epidemic,
and freight embargoes. However, to be excused from delay or failure to
perform, the party must act diligently to remedy the cause of the delay or
failure.
11. MISCELLANEOUS
Neither party shall assign or transfer any rights or obligations under this
Agreement without the prior written consent of the other party, which consent
shall not be unreasonably withheld or delayed. Notwithstanding the foregoing,
either party may assign this Agreement without consent to any party that
merges with or acquires all or substantially all of such party's voting stock or
assets, upon written notice to the other party. This Agreement will be governed
by and construed in accordance with the laws of the State of Texas, without
regard to its conflict of law provisions. The parties agree that the United Nations
Convention on Contracts for the International Sale of Goods (1980) is specifically
excluded from application to this Agreement. The parties do agree that all
litigation under this Agreement shall be conducted in Bryan, TX. The provisions
ofthis Agreement shall be deemed severable. If any provision of this Agreement
shall be held unenforceable by any court of content jurisdiction, it shall be
severed from this Agreement and the remaining provisions shall remain in full
force and effect. As used in this Agreement, the words "include" and "inducting," and
variations thereof, will not be deemed to be tens of limitation, but rather will be
deemed to be followed by the words "without limitation." No course of dealing or
usage of trade by or between the parties shall be deemed to effect any such
amendment or modification. Any consent by any party to, or waiver of, a breach
by the other, whether express or implied, shall not constitute a consent to, or a
waiver of any other, different, or subsequent breach. Neither Customer nor
eZuce shall represent that its relationship with respect to the other party is
other than as an independent contractor. Nothing in this Agreement shall
create in either party any right or authority to incur any obligations on behalf of,
or to bind in any respect, the other party and nothing in this Agreement shall be
construed to create any agency, joint venture, or partnership. This Agreement,
and all attached Exhibits, as may be amended in accordance with the provisions
herein, sets forth the entire Agreement between the parties and supersedes
prior proposals, agreements, and representations between them related to the
subject matter hereof, whether written or oral. No modifications or
amendments to this Agreement will be binding upon the parties unless made in
writing and duly executed by duly authorized representatives of eZuce and
Customer. Any written notice or demand required by this Agreement shall be
sent by registered or certified mail (return receipt requested), personal delivery,
overnight commercial carrier, or other guaranteed delivery to the other party at
the address set forth herein. The notice shall be effective as of the date of
delivery if the notice is sent by personal delivery, overnight commercial courier
or other guaranteed delivery, as of five (5) calendar days after the date of
posting if the notice is transmitted by registered or certified mail. Any party may
change the address at which it receives notices by giving written notice to the
other party in the manner prescribed by this Section.
The parties have executed this Agreement bytheir duly authorized representatives as of the Effective Date,
Customer BRAZOS'COUNTY
Signature
Dw - toP_ Pita✓
Printed Name
Title
0U16 /2011
Date
ST
EZUCE CORP.
601114 sh"
Signature
Gerald Stabile
Printed Name
coo
Title
08/16/2011
Date
Vol. .�— P 3 [e
INTERLOCAL COOPERATIVE AGREEMENT
PROVIDING FOR THE HOUSING OF PRISONERS FROM
THE CITY OF BRYAN, TEXAS IN THE BRAZOS COUNTY JAIL
THE STATE OF TEXAS
COUNTY OF BRAZOS
This Agreement between the City of Bryan, a political subdivision of the State of Texas, and the
County of Brazos, a political subdivision of the State of Texas, is made pursuant to the
provisions of the Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791.
WHEREAS, it has been found and determined by the Commissioners' Court of the County of
Brazos, Texas, and by the City Council of the City of Bryan, Texas, that utilizing only one jail
facility to serve the law enforcement agencies of the City of Bryan and the County of Brazos
shall result in increased efficiency and economy to the citizens of the County of Brazos;
WHEREAS, the Brazos County Jail and its attendant facilities are adequate enough to serve the
law enforcement agencies of both the City of Bryan and the County of Brazos; and
WHEREAS, the County of Brazos and the City of Bryan desire to enter into an agreement by
which the County of Brazos will house in its County Jail, and offer care for, prisoners of the City
of Bryan according to the terns and conditions as set forth herein;
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, and benefits
to the parties herein named, it is agreed as follows, to -wit:
L PURPOSES OF AGREEMENT
1.01 The purposes of this Agreement are to provide a method whereby prisoners formerly
housed in the City of Bryan jail can be transported directly to the Brazos County Jail for
confinement.
II. TERM OF AGREEMENT
2.01 This Agreement shall commence on the I" day of October 2011, and extend until the 30 "'
day of September 2012. Thereafter, it will renew annually for three {3} additional one year
periods unless either party issues notice of intent to terminate as outlined in Section XIV of this
Agreement.
III. DEFINITIONS
3.01 City prisoner as used in this Agreement shall mean (a) a person arrested by a law
enforcement officer for a Class C misdemeanor filed in Municipal Court and held in the Brazos
County Jail prior to the issuance of a jail commitment order by a magistrate, or (b) a person
arrested solely for the violation of a City of Bryan Ordinance which involves the regulation of a
purely municipal action.
3.02 State Prisoner means an individual who has been arrested by a law enforcement officer
for a violation of a state statute and held in the Brazos County jail after the issuance of a jail
commitment order by a magistrate.
IV. PROVISION OF JAIL SPACE
4.01 The Sheriff of the County of Brazos agrees to accept the custody of any City prisoner
delivered at the Brazos County Jail by the City of Bryan Police Department provided that the
prisoner does not require immediate medical attention prior to booking.
4.02 The Sheriff of the County of Brazos agrees to accept City Prisoners who have an injury
or illness after the City of Bryan Police Department has obtained initial medical treatment for
such prisoners, or when a prisoner has refused medical treatment from a medical facility. The
arresting officer shall, prior to booking, furnish Sheriff with reports showing any medical
treatment, or that treatment was offered and refused by the prisoner. Further medical attention
provisions are outlined in Section VIII herein.
4.03 If applicable, the Sheriff of the County of Brazos agrees to give preference and priority
accepting the City of Bryan prisoners pursuant to the County of Brazos' agreements with various
other political subdivisions of the State regarding housing their inmates.
V. LIABILITY FOR EXPENSES
5.01 The County of Brazos is liable for all expenses incurred while providing the safekeeping
of prisoners confined in the Brazos County Jail pursuant to this Agreement and their personal
effects, except as otherwise provided in the Agreement.
VI. PRISONER BOOKING AND DOCUMENT MAINTENANCE
6.01 All booking procedures utilized by City of Bryan Police Officers are those existent in the
Brazos County Jail, or those involving changes as imposed by the Brazos County Sheriff after
consideration and mutual agreement of the City of Bryan.
6.02 The Brazos County Sheriff will photograph and fingerprint City prisoners as is consistent
with other county jail inmates. Photographs and Fingerprints will be maintained as is consistent
with other county jail inmates. Copies of fingerprints and photographs are available to the City
of Bryan Police Department upon request and as available.
2
VOL- 147 Pg. 3 8'
6.03 The City of Bryan assumes responsibility for updating City prisoner records through the
Texas Department of Public Safety Crime Records Service and Federal Bureau of Investigation
as is consistent with State and Federal policies. The Brazos County Sheriff ensures appropriate
reporting to State and Federal entities for State prisoners introduced by the City of Bryan Police
Department, with copies of "rap" sheets requested on behalf of the City of Bryan Police
Department.
6.04 The Brazos County Sheriff will supply a copy of an arraignment list reflecting City
prisoners remaining in custody and in need of arraignment on each day, excluding weekends and
holidays, by 8:00 a.m. to allow for arraignment scheduling before the City of Bryan Municipal
Court Judge.
6.05 The City of Bryan must comply with Article 17.033 C.C.P. by taking city prisoners
before a City of Bryan Municipal Court Judge within 24 hours of a warrantless arrest.
VII. BONDS AND FINES COLLECTION
7.01 The County of Brazos is not responsible for accepting bonds and payment of fines
relating to offenses filed in City of Bryan Municipal Court.
VIII. MEDICAL ATTENTION
8.01 if it is obvious that immediate medical attention is needed by any individual at the time of
arrest, or while the individual is still in the custody of the arresting officer, the City of Bryan is
solely responsible for attempting to obtain satisfactory medical attention for such individual prior
to such individual being delivered to the Brazos County Jail.
8.02 The County of Brazos agrees to offer all City prisoners which have been booked into the
Brazos County Jail the same level of medical treatment received by State prisoners for routine
medical treatment in the Brazos County Jail Infirmary at no additional cost to the City of Bryan.
The City of Bryan will be advised of any medical problem(s) that a City prisoner may develop.
If a City prisoner develops a major medical problem which requires immediate hospitalization or
emergency room services, the Brazos County Jail physician will stabilize the patient affected to
the extent it is practical to do what is necessary for stabilization prior to transfer, and the City of
Bryan Police Department will be notified. However, if the apparent condition of the patient -
prisoner is such that it appears to the health care provider in the Brazos County Jail Infirmary to
be an emergency and delay could be harmful or possibly life - threatening, immediate
hospitalization will be deemed necessary and the transfer will be immediate. The City of Bryan
will be notified as soon as practical under these circumstances; however, the City of Bryan's
consent for such transfer under these circumstances will be unnecessary and the City of Bryan
will be responsible for the medical services costs incurred by a City prisoner under such
circumstances.
8.03 If any major medical problem of a City prisoner as described in §8.02 hereof is
determined to have been caused by the act, omission, and /or negligence of the County of Brazos,
VOL- l 4 rg. ".39
its employees, and /or its agents, then the County of Brazos is solely responsible for paying any
and all medical expenses related to such injury.
IX. RELEASE OF PRISONERS
9.01 City prisoners are not to be released prior to serving their fines, including any credits
allowed by law without the permission of the Municipal Court judge.
X. COSTS
10.01 The City of Bryan agrees to pay the sum of Forty -Two Dollars ($42.00) per City prisoner
or arrestee per day housed in the Brazos County Jail, payable monthly on or about the 5 day of
each month during the term of this Agreement. The County Sheriff will forward to the City of
Bryan Police Chief a documented invoice detailing the payment to which the County of Brazos
is entitled for the previous month.
10.02 A prisoner day for the purpose of computing the charges to be paid by the City of Bryan
to the County of Brazos means any period in excess of four (4) hours within any twenty -four
(24) hour period beginning at 12:00 midnight of a given day prior to arraignment by a City
Magistrate except for City ordinance violations not represented in State law (such costs shall be
billed until release). Such costs may be audited each August during the term of this Agreement
and any subsequent renewal term of the Agreement and will be readjusted (either increased or
decreased) each year beginning on October 15t, based on the previous year's historical data on the
actual cost of holding prisoners.
XI. INSPECTION OF BOOKS AND RECORDS
11.01 The County of Brazos will maintain complete books and records of all City prisoners.
Books and records may be inspected at any time during regular business hours.
11.02 On or before the one - hundred - twentieth (120 day after the end of the County of
Brazos' fiscal year, the County of Brazos will supply, upon request, the City of Bryan an annual
statement of all applicable bookings received at the Brazos County ]ail on behalf of the City of
Bryan during the preceding fiscal year. Such annual statements shall be prepared in such detail
and on such forms as are determined to be mutually satisfactory to the County of Brazos and the
City of Bryan. The City of Bryan, by written notice to the Brazos County Auditor's Office, may
request other financial or statistical reports from the County of Brazos from time to time.
11.03 The County of Brazos will keep available for a period of three (3) fiscal years after each
year of operations, the records of account of County of Brazos for such year and other pertinent
information required by the provisions of this Agreement. Such records of account shall be
accessible during usual business hours to the City of Bryan or its duly authorized agents or
auditors for the purpose of verifying the information set forth in any annual statement, as
described herein, or for the purpose of verifying compliance by the County of Brazos with the
terms of this Agreement.
4
VOL 14 7 pg. k 1 ()
11.04 Upon written notice at any time within three (3) years after the end of any fiscal year of
operations, the City of Bryan may cause, without cost to the County of Brazos, an inspection and
audit to be made of the records of the County of Brazos relating to the operations on the City of
Bryan's behalf. Such audit will be made to determine the correctness of the computation of
payments made in the annual statement for the preceding year. If, as a result of such inspection
and audit, it is established that refunds are due the City of Bryan, the County of Brazos shall,
upon written notice by the City of Bryan, pay such refunds within thirty (30) days of such notice
and the City of Bryan will do the same if the computation is reverse.
XII. LEGAL RESPONSIBILITY
12.01 The City of Bryan shall be responsible for all suits, claims, damages, losses, or expenses,
including reasonable attorney's fees, arising out of the City of Bryan's performance or non -
performance of the services and duties herein stated, but only in regard to transfer of prisoners by
the City of Bryan and duties herein assigned to the City of Bryan and specifically excluding the
actual incarceration of prisoners by the County of Brazos. The City of Bryan retains full
responsibility for each prisoner until that prisoner has been processed into the Brazos County
Jail.
12.02 The County of Brazos shall be responsible for all suits, claims, damages, losses and
expenses, including reasonable attorney's fees, arising out of the County of Brazos' performance
or non - performance of the services and duties herein stated, buy only in regard to the actual
holding and incarceration of prisoners by the County of Brazos in the Brazos County Jail and
specifically excluding the transfer of prisoners to and from the Brazos County Jail.
XIII. OTHER AGREEMENTS
13.01 It is expressly understood and authorized by the approval of this Agreement that the City
of Bryan through its Chief of Police and the County of Brazos through its County Sheriff shall
enter into a separate agreement or agreements regarding the day to day operation of housing
prisoners in the Brazos County Jail, so long as the agreements do not conflict with the
Agreement and do not create additional pecuniary obligations on the part of either party. These
agreements may include, but are not limited to, booking procedures, identification procedures,
warrant checks and records keeping.
XIV. TERMINATION
14.01 Each party to this Agreement may terminate it by giving ninety (90) days prior written
notice. The County of Brazos shall provide such notice to the City Manager. The City of Bryan
shall provide such notice to the Brazos County Judge. Such notice of termination shall be given
by certified mail, return receipt requested, to the appropriate party at the following addresses:
5
Vol.
CITY OF BRYAN, TEXAS: BRAZOS COUNTY, TEXAS:
City Manager County Judge
P.O. Box 1000 200 S. Texas Ave., Suite 332
Bryan, Texas 77805 Bryan, Texas 77803
Brazos County Sheriff
1700 State Hwy. 21 West
Bryan, Texas 77803
XV. SAVINGS CLAUSE
15.01 If one or more provisions or terms contained in this Agreement shall, for any reason, be
held invalid, illegal, or otherwise unenforceable, such invalidity, illegality, or unenforceability
shall not affect any other provision or term hereof and this Agreement shall be construed as if
such invalid, illegal, or unenforceable provision or term had never been contained herein.
APPROVED by Bryan City Council at a regular meeting held on the day of
, 2011.
ATTEST:
City Secretary
CITY OF BRYAN:
City Manager
APPROVED AS TO FORM:
City Attorney
A.PPROVED by Brazos County Commissioners Court at a meeting held on the) +(J' day of
201 0.
APPROVED: COUNTY OF BRAZOS
Chris Kirk
Brazos County Sheriff
ATTE T:
P /
Ta McQueen
Brazos Coun 16rk
Duane Peters, County Judge
APPROVED •
Bill Ballard
County Assistant
0
INTERLOCAL AGREEMENT
This interlocal agreement (the "Agreement ") is made by and between LUBBOCK
COUNTY, TEXAS ( "LUBBOCK COUNTY "), a political subdivision of the State of Texas,
acting through the Regional Public Defender for Capital Cases (the "PD "), and BRAZOS
COUNTY, TEXAS ( "PARTICIPANT "), a political subdivision of the State of Texas, (also,
individually, a "Party" or, collectively, the "Parties "). This Agreement is made pursuant to the
Fair Defense Act, Texas Code of Criminal Procedure 26.044(b), and Texas Government Code
Chapter 791.
RECITALS
WHEREAS, each Party finds: 1) that the subject of this Agreement is necessary for the
benefit of the public; and 2) that it has the legal authority to perform and to provide the
government function or service which is the subject matter of this Agreement; and,
WHEREAS, the performance of this Agreement by LUBBOCK COUNTY and
PARTICIPANT will be in the common interest of the Parties;
NOW, THEREFORE, the Parties agree as follows:
ARTICLE I
PROGRAM
1.01 Program Purpose and Term The Regional Public Defender for Capital Cases (the
"PD "), funded by the Task Force on Indigent Defense Multi -Year Discretionary Grant
Program Funds (the "Task Force "), will provide court- appointed counsel for individuals
charged with the offense of capital murder (death - eligible) in the participating counties
and who cannot afford to hire their own attorney. Inmates in units of the Texas
Department of Criminal Justice within the region who are charged with capital murder
will continue to be represented by the State Counsel on Offenders, or by private counsel
in the case of a conflict. Capital murder cases filed against inmates in units of the Texas
Department of Criminal Justice shall not be counted in the average number of capital
murder cases filed in a county.
The Task Force will provide funding to hire staff for the PD offices operating in the 2 "
3ra, 4 th , 5 th 6 th , 7th and 9th Administrative Judicial Regions, as well as start-up costs,
during Fiscal Year 2012 (October 1, 2011 - September 30, 2012). It is anticipated that
expansion will continue to occur into the 1" and S th Administrative Judicial Regions in
Fiscal Year 2013.
Pursuant to continued funding thereafter, the Task Force is anticipated to provide funds to
operate the PD office on a cost - sharing basis (Year 1 of Region's inclusion — 100%, Year
2 of Region's inclusion — 100 %, Year 3 of Region's inclusion — 80 %, Year 4 of Region's
inclusion — 60 %, Year S of Region's inclusion — 40 %, Year 6 of Region's inclusion —
0 %). It is possible that the Task Force may consider additional funding mechanisms
1
Vol. Pg. LO
during Fiscal Years 2012 through 2017; however, the funding is not anticipated to be less
than detailed above. In order to provide sustainable funding for the office and a fund
balance for emergency situations, counties in the region will contribute, during Year 1 of
inclusion - 0 %, Year 2 of inclusion — 30 %, Year 3 of inclusion — 40 %, Year 4 of
inclusion — 60 %, Year 5 of inclusion — 80% and Year 6 of inclusion - 100% (with a
minimum contribution of $1,000). All percentages are based upon the amount that would
be required with no grant funding available (year 6 of regional inclusion). A detailed
county allocation schedule is provided in Attachment I and is incorporated herein for all
purposes. Based upon this cost- sharing approach, participating counties shall provide the
remaining operating costs based upon a formula taking into account the population of the
county (50 %) and the average number of capital murder cases filed over the past ten
years (50 %). Such cost share payments shall be made from current funds available to the
PARTICIPANT at that time, subject to an annual appropriation. The Oversight Board of
the PD will develop a plan to share costs among the counties beyond the grant period;
however, the PD's obligation to perform after the grant period is contingent upon receipt
of continued funding.
1.02 Judges Authorized to Appoint PD . The District Courts in the 2 nd , 3 rd , 4 `n , 5 th , 6 th , 7th and
91 Administrative Judicial Region may participate in the Program. The Program allows
the Honorable Judge(s) of the Judicial District having jurisdiction within
PARTICIPANT's geographic boundaries (so long as the jurisdiction lies within the noted
Administrative Judicial Regions) to appoint the PD for the trial defense of death - eligible
capital murder cases. In the event of a conflict of interest among defendants or a legal
liability for the PD to accept appointment, the trial court shall appoint an attorney or
attorneys other than the PD at the PARTICIPANT's expense.
1.03 Duties and Responsibilities of the PD. The PD will represent defendants at the trial or
re -trial phase only. All decisions pertaining to the presentation of the case will be at the
sole discretion of the PD. The PD will at all times be guided by and comply with his or
her duties as a licensed attorney in the State of Texas and the Texas Disciplinary Rules of
Professional Conduct in making these determinations.
1.04 Program Analysis. At least quarterly throughout the period of the grant and at the end
thereof, the PD will prepare an analysis of the Program, as well as an estimated cost for
PARTICIPANT's continued participation after all grant funds are expended. The
analysis will consist of a fiscal analysis and an analysis of the effectiveness of the PD in
meeting pre - established goals and objectives. The PD will provide copies of the analysis
to PARTICIPANT's Commissioners Court and to the Honorable Judges identified of the
2 nd , 3 rd , 4 r 5 tn , 6 t h ' 7th and 9" Administrative Judicial Regions. PARTICIPANT shall
have three months from the date the cost analysis is provided to the Commissioners
Courts to consider the analysis and determine whether it will continue to participate in the
Program. If PARTICIPANT requests to continue participating in the Program, a new
interlocal agreement as to funding and the funding cycle will be necessary.
1.05 Data for the Analysis. As consideration for its participation in the Program,
PARTICIPANT agrees to provide the PD information as needed to conduct the analysis,
2
V �p `K
including the current payment schedule for court- appointed counsel on capital murder
cases, and the previous five fiscal years' data on the amount PARTICIPANT paid for
appointed counsel on capital murder cases, if available.
1.06 Additional Experts PARTICIPANT will continue to incur the expense of additional
experts as approved by the local court.
1.07 Fact Investigators an Specialists. The PD will provide a fact investigator
and mitigation specialist to cases assigned to the office.
1.08 No other Costs Incurred. Neither the Task Force nor the PD will assume any additional
costs associated with representation of indigent defendants. Costs of interpreters or any
other collateral cost must be absorbed by PARTICIPANT.
ARTICLE II
OTHER TERMS AND CONDITIONS
2.01 Notice and Addresses. Unless otherwise specifically provided herein, all notices,
reports, and invoices required under this Agreement shall be given in person or by
certified or registered mail, addressed to the proper Party, at the following address:
if to LUBBOCK COUNTY:
Honorable Tom V. Head
County Judge
Lubbock County
PO Box 10536
Lubbock, Texas 79408
And:
Jack Stoffregen
Chief Public Defender
Regional Public Defender for Capital Cases
PO Box 10536
Lubbock, Texas 79408
If to PARTICIPANT:
Honorable Duane Peters
County Judge
Brazos County
200 South Texas Ave., suite 332
Bryan, Texas 77803
vot. I Pg. Lt5
2.02 No Partnership Nothing contained in this Agreement is intended to create a partnership
or joint venture between the Parties and any implication to the contrary is hereby
expressly disavowed. This Agreement does not create a joint enterprise, nor does it
appoint any Party as an agent of the other Party, for any purpose whatsoever.
2.03 Waiver. The failure of any Party to insist upon the performance of any terms or provision
of this Agreement or to exercise any right granted hereunder shall not constitute a waiver
of that Party's right to insist upon appropriate performance or to assert any such right on
any future occasion.
2.04 Benefit of the Parties. The terms and conditions of this Agreement are solely for the
benefit of the Parties and are not intended to create any rights, contractual or otherwise,
for any other person or entity.
2.05 Force Majeure. If the performance of any obligation under this Agreement is delayed by
something reasonably beyond the control of the Party obligated to perform ( "Force
Majeure "), that Party shall be excused from performing the obligation during that period,
so that the time period applicable to the performance shall be extended for a period of
time equal to the period that Party was delayed due to the event of Force Majeure.
2.06 Severability. In case any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforeeability shall not affect any other provision and this
Agreement shall be construed as if the invalid, illegal, or unenforceable provision had
never been contained herein.
2.07 Prior Agreements Superseded. This Agreement constitutes the only agreement of the
Parties and supersedes any prior understanding or written or oral agreements between the
Parties respecting the within subject matter.
2.08 Amendments. In order to be binding, an amendment to this Agreement must be in
writing, dated subsequent to the date of this Agreement, and executed by the Parties.
2.09 Withdrawal by Party.
(a) Voluntary Withdrawal. Voluntary withdrawal by PARTICIPANT from the
Agreement shall occur upon the affirmative decision by PARTICIPANT's
Commissioners Court to withdraw from the Agreement and the withdrawing
PARTICIPANT giving at least one hundred and eighty (180) calendar days notice to
LUBBOCK COUNTY and the PD. The effective date of voluntary withdrawal shall
be one hundred and eighty (180) calendar days after the withdrawing Participant
gives notice to LUBBOCK COUNTY.
Involuntary Withdrawal. PARTICIPANT shall be deemed to have involuntarily
withdrawn from the Agreement upon the failure by the PARTICIPANT to pay any
cost - sharing payment by the due date, as provided in a notice to the PARTICIPANT.
4
Vol.— 1 � (C'
PARTICIPANT shall be given thirty (30) days written notice of non - payment by
LUBBOCK COUNTY and shall not be deemed- to be in default until the expiration of
thirty (30) days after receipt of the written notice.
SIGNED AND EXECUTED this - a day of , _, 2011
COUNTY OF LUBBOCK
Honorable Thomas V. Head
County Judge
ATTEST:
Honorable Kelly Pinion
Lubbock County Clerk
APPROVED AS TO CONTENT:
Jack Stoffregen
Chief Public Defender
Regional Public Defender
for Capital Cases
REVIEWED FOR FORM:
B.J. "Beni" Hemmeline
Civil Division Chief
Criminal District Attorney's Office
Lubbock County
COUNTY OF BRAZOS
Honorable Duane Peters
County Judge
ATTEST:
L�
0 orable A4
Brazos County VClerk ;L ' n -�
APPROVED AS TO CONTENT:
REVIEWED FOR FORM:
Vol. I � Pg. 4
Vol. ---PqI— Pg-
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Vol. I i Pg. LE
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: August 16, 2011
ITEM: Request from Wellborn Special Utility District to construct a road bore for installation of a
12 -inch waterline in the right of way of I &GN Road at intersection with South Dowling Road Site
is located in Precinct 1.
SOURCE OF FUNDS: N/A
PRESENTATION
REQUIREMENTS_
• No work will be permitted between front slope and/or back slope.
• 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.
• 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.
• 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;
• Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Highways published by the Texas Department of Transportation, and all
other State and Federal laws governing utility construction.
SUBMITTED BY
0 Gary mold, CFM
Director of Planning
CC2011 -060
APPROVED BY:
Comm sioner Lloyd Wassermann
Precinct 1
This Request 's Ap rovedV, or Denied 0, by Commissioners' Court
Date: - g
Duane Peters, County Judge
Q
Vol. � Pg.
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY ADMINISTRATION
BRYAN, TEXAS 77803
Formal notice is hereby given that (applicant) Wellborn SUD
Waterline within — across ✓ the right -of -way of (road) IG &N Road
as follows:
proposes to place a (type)
in Brazos County, Texas
3
The location or description of the proposed installation is more fully shown by !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 right -of -way will be repaired to the 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;
S. 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 day of , 20
Firm: Wellborn SUD
B
Tit7. e Manager
Address: P.O. Box 250
Wellborn, Texas 77881
Phone: 979- 690 -9 799
APPROVED BY COMMISIO COURT:
.... Date:. + -- -
Duane Peters, County Judge
Brazos County, Texas
Vol. 149 Pg. � i
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bride NUMBER 56001000
DATE OF COURT MEETING: August 16, 2011
ITEM:
Request from Wellborn Special
Utility District to construct a 40'
road bore for installation
of a 1"
waterline in the right of wa
y of North Graham Road approximately
200' west of intersection
with I &GN Road. Site is located in Precinct 1.
SOURCE OF FUNDS: N/A
PRESENTATION:
REQUIREMENTS:
• No work will be permitted between front slope and back slope.
• All installation(s) shall be constructed in designated utility easements, if applicable. ]f no utility
easement exists, the installation(s) shall be 1) within 3-T 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.
• 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.
• 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.
• Construction shall be in strict conformance to the IatestTexas Manuai of Uniform Traffic Control
Devices for Streets and Highw published by the Texas Department of Transportation, and all
other State and Federal laws governing utility construction.
SUBMITTED BY: APPROVED BY:
Ga Arnold, CFM Commissi ner Lloyd Wassermann
Director of Planning Precinct t
CC2011 -061
This Request is A proved -K or Denied ❑, by Commissioners' Court
Date: I
--
Duane Peters, County Judge
Vol. Iq p 5a-
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY ADMINISTRATION
BRYAN, TEXAS 77803
Formal no 'ce is hereby given that (applicant) I. It bole n J U D prop to place
a (type) r ° U within — across Vtbe right -of -way of (road) IVOKI 2z 6'Lh Avkl
in Brazos County, Texas as follows: app Wrsf e�l6yf/ l�r der SGG7���
The location or description of the proposed installation is more fully shown by _L 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 (T) 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 - day of ) .
APPROVED BY COMMISSIONERS' COURT:
Date 1 �0
Duane Peters, County Judge
Brazos County, Texas
Roviud 1!171201 ]
Firm: C ex�u�92 U�
By: - /U 41_ � t
Title: �' lCL2
Address: � C:��6
77H
Phone: G/ ' &
Vol. � 1 9 p 53
,r
APPROVED BY COMMISSIONERS' COURT:
Date 1 �0
Duane Peters, County Judge
Brazos County, Texas
Roviud 1!171201 ]
Firm: C ex�u�92 U�
By: - /U 41_ � t
Title: �' lCL2
Address: � C:��6
77H
Phone: G/ ' &
Vol. � 1 9 p 53
BRAZOSCOUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bride NUMBER 56001000
DATE OF COURT MEETING: August 16, 201 I
ITEM: Re uest from Brushy Water SuPPIY Co ration to construct 100 ft. of waterline extension
in the ri ht of way of Old Jones Road beg inniny at a location a proximately 825' from intersection
with Stewart's Meadow Drive. Site is located in Precinct 4.
SOURCE OF FUNDS: N/A
PRESENTATION:
REQUIREMENTS:
• No work will be permitted between front slope and/or back slope.
• 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.
• If clearing of brush, trees and other obstruction is necessary, it shall be the Applicmt's responsibility
to do so and to remove all cleared brush, trees etc. from county right-of- -way.
• 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; copiesof all test results shall be furnished to
the office of the Brazos County Engineer.
Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Highways published by the Texas Department of Transportation and all
other State and Federal laws governing utility construction.
SUBMITTED BY:
Gar4A
CF
Director of Planning
CC2011 -062
This Reque AP oved f9; or Denied ❑, by Commissioners' Court
Date: Ap (0 •�--
Duane Peters, County Judge
Vo1.— 1 4 Pg. 6 7
REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY ADMIlVISTRATION
BRYAN, TEXAS 77
Formal notice is her�gb�,yy given t (applicant) * 131'L) gYt 4 W S� pr poses top cf
R (type) DD I g aithin across_ the right o y of (road) 1916 0
in Brazos County, Texas as follows:
8 �o+.. S�Sew.w��s ,LJ�,s�i a✓
The location or description of the proposed installation is more fully shown by _ L copies of the
drawings attached to this notice.
I understand and agree that:
I. 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 day of &P = , 201 ( .
Firm: i aLL b wg L.
By: � n �lt t
Title: 0 .Flit iZLC "- Vv/ c, (�—
Address: PO ('a)
Tl� -7 7?t
Phone: �� q 0 10 ( 40
APPROVED BY COMMISSIONERS' COURT:
Date - i
Duane Peters, County Judge
Brazos County, Texas
Revised 1/27/2011
Vol. 1+9 Pg. 5 5
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County 50
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>` 8 ' Boo ft { City Limits
O gRAZOS COUWYAPQRAISAL DISTRICT 1673 200 aoo Subdivision dory y lot Line
1673 adarciesl Am'e, Su11e A -101 Bryan. TX 778W parcel Boundary
� ,Abstract Boundary �
(9791 774.4100 w "".brC2o5cad -org SCALE- 1 s =• 800'
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION DORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: August 16 201 1
ITEM: Reques from OSR Water Supply Corporation to construct a 40' roa bore with 2" casing in
the right of way of Old Spanish Trail to provide servic to address 95278. Site is located in Precinct
4.
SOURCE OF FUNDS: N/A
PRESENTATION
REQUIREMENTS
• No work will be permitted between front slope and/or back slope.
• AIi 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.
• 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.
• 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.
• Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Highways published by the Texas Department of Transportation, and all
other State and Federal laws governing utility construction.
SUBMITTED BY:
—14
Gary rnold, CFM
Director of Planning
CC2011 -063
This Reques Approved W', or Denied ❑, by Commissioners' Court
Date:
Duane Peters, County Judge
vol. -Lil- Pg. 51
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REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY ADMINISTRATION
BRYAN, TEXAS 77803
c
Formal n tice is hereby given that (applicant) 03r, l� S C___ proses to place
(n r l
a (type) J-e— within _ across LA lie' right -of -way of (road) t /I J
in Brazos County, Texas as follows: j a 7B o/4 $ .A
The location or description of the proposed installation is more fully shown by - ! - 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 ?%, of,�A 20 1( .
7 /
Phone: R - 7q L- qo — 6 C 5
APPROVED BY COMMISSIONERS' COURT:
Date S1 1 6 1 1 1
Duane Peters, County udge
Brazos County, Texas
Revised 1/272011
I +1 Pg. 5 / 2� �/
Vol. 4
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: August l 6, 2011
ITEM: Request from OSR Water Supply Corporation to construct a 40' road bore with 2" casing in
the right of way of Old Spanish Trail to provide service to address #5212. Site is located in Precinct
4.
SOURCE OF FUNDS: N/A
PRESENTATION:
REQUIREMENTS:
• No work will be permitted between front slope and/cr back slope.
• 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.
• 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.
• 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.
• Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and HiehwU% published by the Texas Department of Transportation, and all
other State and Federal laws governing utility construction.
SUBMITTED BY: APPRO
in
Gary Arnold, CFM Commissi
Director of Planning Precinct 4
CC2011 -064
This Request is proved O; or Denied D, by Commissioners' Court
Date:
Duane Peters, County Judge
V01 r � 0
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REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY
TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS
BRAZOS COUNTY ADMINISTRATION
BRYAN, TEXAS 77803
c
Formal n ti is hereby given that {applicant) 32 pro ses to glace-- -
a (type) U1 a within _ across L_&e right -of -way of (road)
in Brazos County, Texas as follows: S,?
The location or description of the proposed installation is more fully shown by _L 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 the4 %y of14, 20 /(
Firm: W�
By:
Address: r L tkV � 5S
L (D o D f - 77U -- /
Phone:
APPROVED BY COMMISSIONERS' COURT:
Date _0 1
Duane Peters, County Judge
Brazos County, Texas
Rc visod V27/201I
4 � P �a -t
�lol. g•
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Duane Peters, 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 Laura Taylor Davis, Treasurer of Brazos County, as
provided for in the Revised Statutes of the State of Texas. (Texas Local Government
Code, 114.026)
Witness my hand this "? day of A.D. 2011
ar n McQueen I �
County Cleric, County oBRAZnS State of Texas
Examined and approved in open Commissioners' Court this �p day of
2011.
t - - -- - --
uane Peters, County Judge
Lloyd assermann, Commissioner Precinct #I
Sammy Catalena, Commissioner Precinct 42
Treasurer's Report for the MONTH JUNE 2011
AND Q/E 6/30111
Vol. 1 q p CO3
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Vol. 14 q pg.— (flb
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR TI1<E 2010 -2011 BUDGET 'YL +'AR
NO. 10/11 44.1 -44.17
On. this the 16th day of August 2011 at a regular meeting of the Comm issioners' Court, the foilowing
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Inna Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 16th day of August 2011 the Court heard and approved a budget amendment
for the 2010 -201 lbudget year for Brazos County, 'Texas, and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 14 September 2010, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 1 6th day of August 2011.
THE COMMISSIONERS COURT OF 13RAZOS COUNTY, TEXAS.
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. 1 4 q p g . -
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.1
811612011
FUND
DIV
ACCT
PROJ
DRICR
ACCOUNT NAME
Increase
Decrease
0100
56001000
80710000
CR
Right-Of-Way Acquisition
7,500.00
0100
56005000
61740000
DR
Telephone
500.00
0100
56005000
61880000
DR
Utilities
2,000.00
0100
56005000
71701000
DR
Solid Waste-Hauling
5,000.00
Road & Bride and
Environmental Protection
Reallocation of funds to cover expenditures to end of FY 11.
Department Approval
Prepared By: nnm _
Date: 8/10/2011
County Judge Approval
Date
1 o f 1
Vol, 1 ,� � I P9. 6-7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.2
am ai , 2ni j
FUND
DIV
ACCT
PROJ
DR1CR
CR
CR
DR
.~ ACCOUNT NAME
E q uipment - Electronic
Equipment - Other
Vehicle Maintenance
Increase
1,090.00
Decrease
500.00
590.00
0100
0100
0100
30201100
30201100
30201100
67281000
67286000
65950000
Constable PCT 2
Reallocation of funds to cover vehicle maintenance.
I
Department Approval
Prepared By: nnm
Date: 8/10/2011
County Judge Approval
1 of 1
Date
(a VOI. I qq Pg.-
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10/11 - 44.3
FUND
01
0100
DIV
19000100
19000100
A CCT_
b5i50000ter
67203000
PROJ
JJCR
ACCO NA
Maintenan om titer H dwar
—'L H ardwar e
I ncreas e
1, 000.00
Decrease
1.,000.0
account. Moving funds from 65150000 (Computer
wrong
District
Reallocation
(Minor
Attorne
of funds
Corn titer Hardare
that were placed
w
in the
Maintenance) to
67203000
Prepared By: nnrn
Date: 8110/2,01.1
1of1
Vol. 1 q -1 pg. (D l
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.4
8116!2011
FUNDI
DIV I
ACCT
JPROJ
DRICRI
ACCOUNT NAME
Increase
Decrease
0100
31000100
72660000
1
CR
IPsychiatric Services
1,325.00
0100
31000100
67286000
1
DR
I Equipment - Other
1,325.00
I Juvenile Services
Reallocation of funds to purchase A
for Academv /JJAEP Buildi
Department Approval Date
Prepared By: nnm
Date: 8/10/2011
County Judge Approval Date
1 or 1
Vol. 4q pg. - Q
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.5
FUND
0100
0100
0100
Dl
21000100
21000100
2100 0100
AC CT
59100000
61110000
61801000
PROJ
DRICR
CR
DR
DR
of I OI LV 1 1
ACCO NAME —
llllLA -
- -- —^
C onferen ce & S eminar Fees
Tra __
Increase
250.00
1,000.00
De
1,250.00
County Clerk �—
Reallocation of funds to cover cost for registration and attending the 'l7exas Association of Counties 2011 Post - Legislative Conference
in Austin, Texas.
1of1
Vol. 1 4 q Pg. 7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.6
R!1 R
FUND
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAM
Increase
Decrease
0100
11001500
61 130000
CR
General -_ Co ntingency
7,531.70
0 100
_
91110000
DR
Transfer to G eneral Capital Improvement
7,531.70
7,531.70
4500
49028000
CR
Transfer from General Fund
4500
63000400
60500000
DR
Of fic e Equipment
811
4500
63000400
60360000
DR
Fu rniture _
1 50,10
4500
63000400
672030
DR
Minor Computer Hardware
4,384.31
4 500
63000400
67670000
DR
Printers
572.64
4500
63000400
65440000
DR
Network Mainteance
1,61 1.90
General Con tingency and Sanctu Remodel Project
Reallocation of funds for Sanetuar y Remodel Project.
Date
1 of 1
Vol.
1 pg
4- � O
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.7
R11919011
FUND
ACCT
PROJIDRICR
ACCOUNT NAME
__ Increase
Decrease
4308 1
63430800
8013000
CR
Buildin Sheriff Jail
3,709.51
4308
63431000
60500000
DR
Office Equi_Prnent
1,895,24_
4308
63431000
67203000
DR
Minor Computer Hardware
1,813.77
Jail Expansion 2007 and Jail Inmate Holdg Remodel
Reallocation of funds for the Courthouse Renovation.
Prepared By nnm
Date: 8/10/2011
Department Approval
NI
County Judge Al
Date
Date
1 Df 1
Vol. 149 pg. 73
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.8
FUND
1900
DIV
50000100
ACCT
6 7203000
67342000
60360000
PROJ
DRICR
CR
DR
DR
_ ACCO NAME
M inor Computer Ha _
F urniture
F urniture
Increa
1,610.8
408.56
Decrease
2.019.4 4
1900
1900
50000100
SOOfl0i00
Records Manage
Reallocation of funds for Records Management Furniture.
Prepared By: nnm
Date: 8110/2011
Department Approval Date
County Judge Approval
- atT
10(l
Vol. 1 pg. °7 4
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.9
_ 8/16/2011
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME_ Increase Decrease
0100
31010000
71500000
CR
R ental - Equipmen _
1,950.00
0100
31000200
60500000
DR
Office Equipment. T
1,950.00
_
TYC Parole and JUV SRV - Detention
y
Reallocation of funds for the purchase of computer monitors and mounts for detention control room.
Department Approval Date
Prepared. By: nnm
Date: 8/1012011
County Judge Approval. ate
1 or 1
Vol.' Pg. "15
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 90111 - 44.10
8/16/2011
FUND
DIV
ACCT
PROJ
DRICR
_ACCOUNT NAME
Increase
Decrease
0100
31010000
65320000
CR
_
Equipment - Maintenance
825.00
0100
31000200
60380000
DR
Health Program Supplies
825.00
ITYC Parole and JTJV SRV - Detention I I L I J
ocation of funds for the purchase of medical supplies that are depleted and/or
Ior 1 i
Vol.
149 p g . 7 lD
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.11
811612011
FUND
DIV
ACCT
PROJ
DRICR
ACCOUNTNAME
Increase
Decrease
0100
31000100
67342000
CR
Furniture
1,100.()0,
0100
31000100
60360000
DR
Furniture
Juvenile Services
ncAAj
Reallocation of fund to proper furniture account to )urchase furniture- 4r
j
1 of 1
Vol.. 4 q Pg. -7-7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.12
FUND
0100
0100
DIV
3101000
3 1000100
ACCT
71500000
60360000
PROD
DR
CPI
DR
UI 1 VJLU f 1
_ ACCOUNT NAME
R cntal - E ui ment
Furniture f
Increase
3,100.00
Decrease
3 00.00
, 1
TYC Parole and Juv enile Ser vices
Reallocation of funds to ro er furniture account to urchase worn ou lobby fu rniture.
1 of 1
Vol. L-- Pg. g
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.13
OM Q7 -9AA4
500
4500
V DIV
63000400
63000400
ACCT
61130000
91110000
49028000
65050000
80281000
PROJ
DRICR
CR
DR
CR
DR
1 DR
ACCOUNT NAME
G � eneral Contin enc _
Transfer to General Ca ital lm rovcment
Transfer from General Fund
Building Maintenance
Equipment - Electronic
Increase
34,990.00
34,990.00
3,975.00
31,015.00
De cre ase
34,990.00
General
Contingency and Sanctuary Remodel Project
Reallocation of funds for building materials and sounds system to be used for Sanctuary remodel.
1 or 1
vol. 141 p -79
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.14
8 /1 /2f1
FUND DIV ACCT PROJ DRICR _ ACCOUNT NAME Increase Decrease
0100 14000100 67203000 CR Minor CumL Hardwar 34, 000.00
0100 14000100 71020000 DR Compute Contr 34,000.00
Information Techno
R eallocation o f funds for the purchase of a support contract for the Voice Over IP
1 of 1
Vol. 14 pg, C7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.15
Prepared By: nnm
Date`.' 8111/2011
Department Approval Date
Judge Approval
I of 1
Vol. _ � — pg•--3-1—
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.16
FUND
0100
DIV
20010000
ACCT
61801000
PR
DR/CR
CR
DR
of 1 vuv _
ACCOUNT NAME
-
Travel
Increase
Decrease
900.00
Contract Services
400.00
0100
20010000
71025000
District Clerk - Jury Services
Reallocation of funds to a IMS for Printin Ju Summons -
Date.
l
❑ to
1 of 1
Vol. 1 Pg. 3Q
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10111 - 44.17
8116/2011
FUND DIV ACCT _ PROJ DR/CR ACCOUNT NAME _ Increase Decrease
0100 11001500 61130000 CR General - Contingency T 100,000.00
0100 11020000 72207000 DR CRT Appointed Attys - 361 st 100,000.001 1
(General ContinQenev and Court Support - Civil I 1 I _ J
Reallocation of funds cover court
for remainder of FY 11.
Prepared.By: nnrn
Date: 8/1
Department Approval Date
County Judge. Approval
1 of
Vol. 141 Pg . 93
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: August 16, 2011
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request
Request(s) Applies To
Action Requested
District Clerk Bench, Judie
Transfer w /in Dept.
Blajeski, Nicole
Transfer Win Dept.
Delluge, Shellie
Resignation
Kemp, Kadie
Transfer w /in Dept.
Langley, Michelle
Resignation
Morgan, Ashley
Transfer Win Dept.
Morgan, Lori
Transfer w /in Dept.
Olgetree, Erica
New Hire
Pace, Crystal
Transfer w /in Dept.
Reeves, Lauren
Transfer w /in Dept.
Ward, Michael
New Hire
IT Harris, Desmond
New Hire
SO — Admin Idol, Sue
Retirement
Oldham, Clarence
Promotion
SO — Jail Batten, Jared
Transfer w /in Dept.
Counts, Miguel
Transfer w /in Dept.
Palasota, Cody
Resignation
Swearingen, James
Resignation
Tax Office Pendas, Salvador
Resignation
Approved in Commissioners' Court: August 16, 2011:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
Vol. 141 p �+
FILED FOR RECORD
DATE q- -//
AFFIDAVIT AT O'CLOCK_____
TEXAS LOCAL GOVERNMENT CODE, CHAPTER IVARM M rIMPEN
STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the undersigned authority, on rsonally appeared
who being duly sworn, deposes and says:
1. That fle7she has a substantial interest in a business entity or real property. Official action taken by the
Commissioners Court of Brazos County, Texas concerning Agenda Item No. ej of the Court
Agendadated —8 1 " I ' described as RK— !i e I &h a
would have a special economic effect on that
business entity or a special economic effect on the value of the real property, that is distinguishable from the effect
on the public.
2. That the substantial interest is (check the following as is appropriate):
O a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either
10 percent or more or $15,000 or more of the fair market value of the business entity; or
{) b. Funds received by me from the business entity exceed 10 percent of my gross income for the
previous year; or
O c. An equitable or legal ownership in real property with a fair market value of $2,500 or more; or
( d. A person related in the first degree by either affinity or consanguinity to me has a substantial
interest as defined above; or
O
e-
3. That 1 will abstain from participation in the matter referred to in Item 1 unless authorized by law.
Signature
SWORN TO AND SUBSCRIBED BEFORE ME this the 5 day of 2011
BEATRIZ D. GREEN Notary Public in and fo
° j4; A t" ray Pudic M" d Texas The State of Texas
` my cam "M E
JUNE 11, 2014
r
Filed:
A!::�' C
G County Clerk
VOL 141 p 25
Brazos County Exposition Complex
Past Events 2007 -2010
Grou
October- December 2007
Date
Saddle and Sirloin Furturity
Stock Horse of Texas Show
TAMU Equestrian Team
Brazos County Extension Pizza Ranch
St. Joseph Anniversary
St. Joseph Board Meeting
Wedding Reception
Brazos County Validation
Texas Council Engineering Co. fajita Fest
Napa Car Wars
Tri -Delt Game Day
Brazos County Extension
TTI Staff Retreat
Brazos Valley FCA Banquet
Wes Allison Pig Sale
Texas Aggie Band
Kristen Distributing Maroon and White Ball
Chamber of Commerce Taste of the BV Breakfast
Brazos County Extension Validation
Bryan PD Christmas Party
Texas Commercial Waste Christmas Party
K2 Share Meeting
Southern Classic Livestock Show
Boyd Ready Mix Christmas Party
JMP Land Services Christmas Party
Wedding Reception
2008
January
Brazos County Winter Crop Meeting
Relay For Life
TAMU Construction Science Career fair
Chamber of Commerce Epicurean Extravaganza
AMC Sadie Hawkins
TAMU Construction Science Career Fair
Aug. 17 -19th
Sept. 21 -23rd
Sept. 28th
Oct. 3 -4th
Oct. 4th
Oct. 5th
Oct. 12 -13th
Oct. 13th
Oct. 15th
Oct. 19 -21 st
Oct. 20th
Oct. 22nd
Nov. 7th
Nov. 8th
Nov. 9 -10th
Nov. 16th
Nov. 17th
Nov. 20th
Nov. 28th
Dec. 1 st
Dec. 1 st
Dec. 5 -6th
Dec. 8 -9th
Dec. 8th
Dec. 15th
Dec. 28th
Jan. 22nd & 29th
Jan. 26th
Jan. 30 -Feb. 1st
Feb. 5th
Feb. 9th
Feb. 10 -11th
Vol. I 4A — Pg.
Brazos Valley Hospice Happening
Feb. 16th
BCS Homebuilders Home Product & Garden Show
Feb. 22 -25th
Brazos Valley Coalition for Life Benefit
Feb. 28th
Chamber of Commerce Crawfish Boil
Feb. 29th
BV Casa Art of Helping Children
March 1 sf
Go Texan BBQ Cook -off
March 28 -29th
Brazos County Youth Livestock Show
March 28- April 1 st
Lone Star Mow Down Race
April 5th
Hope Pregnancy Center's Banquet
April 8th
AQHA Quarter Horse Circuit
April 10 -13th
CSISD Education Foundation Fundraiser
April 11 th
St, Joseph Spring Fling
April 12th
IEM Peddler Show
April 17 -20th
lonestar Peruvian Horse Club Show
April 23 -26th
Silver Spur Gun Show
April 25 -27th
TTI Day
April 29th
Texas School Prof Photography Conference
April 30 -May 1st
TAMU Equestrian Banquet
May 2nd
Wedding Reception
May 3rd
TAMU Athletic Dept Meeting
May 5th
BV Gunslingers
May 9-11 th
AMC Prom
May i 0th
Special Olympics - Equestrian
May 15 -18th
Garrett Mechanical Party
May 24th
SW Donkey /Mule Society Texas Shoot Out Show
May 28 -June 1st
BCS Chamber of Commerce Business Showcase
June 5th
Tx Jr. Limousin Association Field Day
June 6 -8th
Wedding Reception
June 7th
Church of God Conference
June 7 -8th
Mexican - American Seniors Benefit
June 14th
Wedding Reception
June 21 st
Wedding Reception
July 5th
Texas Jr. Brahman Show
July 9 -13th
Wedding Reception
July 12th
Lions Club Rodeo
July 17 -201h
TAMU Saddle and Sirloin Steer, Helfer, Pig Furturity
August 1 -3rd
Wedding Reception (2)
August 16th
' Vol
I� Pg. $1
Anniversary Party
Wedding Reception
The Eagle Taste of Home Cooking School
University of Miami- Pre -Game Alumni Party
TAMU Equestrian vs Fresno State
TAMU Industrial Distribution Career Fair
Hope Pregnancy Center's Banquet
TAMU Construction Science Career Fair
Stock Horse of Texas Show
TAMU Sigma Alpha Mixer
Brazos County Extension Pizza Ranch
A&M Assoc. Former Students Distinguished Alumni Gala
AMC Homecoming
Texas Council Engineering Co. Fagla Fest
TAMU Equestrian vs SMU
Texas Polled Hereford Show
City of Bryan Luncheon
TAMU Construction Science Career Fair
Brazos County Extension Validation
TAMU Trophy Hunters Banquet
Special Olympics of Texas - Athlete Village
Brazos County 4 -H Horse Club Show
Colorado Football Team Pre - Game Meal
BV Young Life Banquet
Ducks Unlimited Banquet
City of Bryan Luncheon
BCS Chamber of Commerce Youth to Career Fair
TAMU Equestrian vs TCU
Texas National Guard -Color Ceremony
Brazos Valley FCA Banquet
Aggie Band Formal
Kristen Distributing Maroon and White Ball
BCS Chamber of Commerce Taste of the BV Breakfast
Brazos County Extension Validation
TAMU Rodeo Team Alumni Rodeo
Sanderson Farms Christmas Party
Texas Commercial Waste Christmas Party
Vol. 1 �q p 99
August 23rd
Sept. 6th
Sept. 16th
Sept. 20th
Sept. 25 -26th
Sept. 26th
Sept. 30th
Oct. 1 -3rd
Oct. 2 -5th
Oct. 4th
Oct. 8 -4th
Oct. 10th
Oct. 11 th
Oct. 13th
Oct. 16 -17th
Oct. 16 -19th
Oct. 17th
Oct. 20 -21st
Oct. 20th
Oct. 23rd
Oct. 24 -25th
Oct, 24 -25th
Nov. 1 st
Nov. 3rd
Nov. 6th
Nov. 7th
Nov. 12th
Nov. 14 -15th
Nov. 15th
Nov. 20th
Nov. 21 st
Nov. 22nd
Nov. 25th
Nov. 24th
Dec. 6th
Dec. 6th
Dec. 6th
K2 Share Meeting
Dec. 11 -12th
TAMU Agri -Life Dinner
Dec. 11 th
Kent Moore Cabinets Christmas Party
Dec. 12th
District 9 Southern Classic Livestock Show
Dec. 13 -14th
Brazos County Extension Validation
Dec. 15th
Wedding Reception
Dec. 27th
2009
7th
January
4th
TAMU -Civil Engineering State Bridge Building
16 -17th
Brazos County Extension Winter Crop Meeting
20th & 27th
February
7t1h
TAMU Construction Science Career Fair
5 -6th
TAMU Equestrian vs Baylor
6 -7th
AMC Sadie Hawkins
7th
BCS Chamber of Commerce Crawfish Boil
13th
Silver Spur Gun Show
13 -15th
Coolition for Life Benefit
19th
TAMU Equestrian vs KSU
191h -20th
Brazos Valley Hospice Happening
21 st
BCS Chamber of Commerce Epicurean Extravaganza
24th
BCS Homebuilders Home Product & Garden Show
25-March 2nd
March
9 -12th
TAMU Vet Medicine Meeting
4th
Twin City Mission Banquet
5th
TAMU Equestrian vs OSU
6 -7th
BV Casa Art of Helping Children
7t1h
Extension Horse Committee Mtg
10th
Lone Star Gaited Pleasure Horse Show
12 -1 5th
BACH Dressage Clinic
20 -22nd
Brazos County Youth Livestock Show
26 -31 st
Go Texan BBQ Cook -off
27 -28th
PriceWaterhouseCoopers Recruiting Banquet
30th
April
Aggie Sisters for Christ Casino Night
2nd
TAMU Rodeo Team All Aggie Rodeo
3 -4th
TAMU College Vet Medicine Gentle Dr. Benefit
3 -4th
AQHA Quarter Horse Circuit
9 -12th
�
{ S9
Vol. '141 p
Genesis House Banquet 1 1 th
CS1SD Education Foundation Fundraiser 17th
TAMU Impact Parent's Weekend Banquet 18th
TAMU Saddle and Sirloin Banquet 18th
IEM Peddler Show 23 -26th
Lonestar Peruvian Horse Show 30 -May 3rd
May
Texas Transportation Institute Day
5 -61h
Lone Star Mow Down Race
9th
Wedding Reception
9th
AMC Prom
16th
Wedding Reception
23rd
Special Olympics of Texas - Equestrian Competitlon
28 -31 st
June
Wedding Reception
6th
Texas Jr. Limousin Show Field Day
5 -7th
Black History Museum Rodeo
6th
BV Boys /Girls Club Dinner /Auction
7th
SW Donkey /Mule Society Texas Shoot Out Show
10 -14th
Texas 4 -H Roundup Scholarship Presentation /Banquet
12th
Texas Jr. Hereford State Show
17 -21 s#
Wedding Reception
20th
Texas Jr. Brahman Show
26 -29th
National Jr. "All- American" Brahman Show
29 -July 5th
July
Lions Club Rodeo
15 -19th
Wedding Reception
25th
Maroon and White Goat Sale
26th
City of Bryan Luncheon
29th
TAMU Saddle and Sirloin Steer, Heifer, Pig Furturity
31 -Aug 2nd
August
Wedding Reception
1st
Texas Wildlife Association Regional Banquet
8th
Tri- County Crop Meeting
11th
BV Driving /Riding Club Equestrian Market Day
21-22nd
September
IEM Peddler Show
11-13th
qV
The Eagle Taste of Home Cooking School
15th
TAMU Advisors /Counselors Training
16 -17th
Xtreme Barrel Racing Plus
19 -20th
Wedding Reception
20th
TAMU Construction Science Career Fair
24 -25th
Aggieland Ranch Rodeo
26 -27th
TAMU Small Ruminant Committee Meeting
30th
October
21 st
TAMU Industrial Distribution Career Fair
1 -2nd
Stock Horse of Texas Show
2
Brazos County Extension Pizza Ranch
7 -8th
TAMU Assoc. Former Students Distinguished Alumni Gala
9th
TAMU Equestrian vs Fresno State
11th
TAMU Trophy Hunters Banquet
16th
TAMU Rodeo Team Alumni Rodeo
17th
Brazos County Extension Validation
19th
BCS Convention /Visitors Bureau Meeting Planner Showcase
21 st
Special Olympics of Texas Athlete Village
23 -24th
TAMU Big Event Gala
30th
TAMU Equestrian vs Baylor
30 -31 st
November
Young Life Brazos Valley Banquet
2nd
BCS Chamber of Commerce Youth to Career Fair
4th
TAMU Duck's Unlimited Banquet
5th
Aggie Band Formal
6th
A &M Consolidated Homecoming Dance
71h
Habitat for Humanity Banquet
14th
Escamillia Entertainment Mexican Rodeo
15th
TAMU Equestrian vs South Dakota State
21 st
BCS Chamber of Commerce Taste of the BV Breakfast
24th
Brazos County Extension Validation
30th
December
Texas Commercial Waste Christmas Party
5th
K2 Share Meeting
11th
Kent Moore Cabinets Christmas Party
11th
District 9 Southern Classic Livestock Show
12 -13th
Brazos County Extension Validation
14th
VOL- 01 Pg. 91
Pct 2 Christmas Party
18th
Wedding Reception
19th
Sanderson Farms Christmas Party
19th
2010
January
Xtreme Barrel Racing Plus
1-2nd
Brazos County Extension Winter Crop Meeting
19th & 26th
Wedding Reception (2)
23rd
Coufal Prater Employee Training
26 -29th
CSISD Education Foundation Fundraiser
29th
TAMU Equestrian vs Delware State
30th
Opas Encore Gala
30th
February
TAMU Industrial Distribution Career Fair
5th
BCS Chamber of Commerce Crawfish Boil
5th
Outlaw Monster Trucks Show
6th
A &M Consolidated Sadie Hawkins Dance
6th
VG Young Institute Judges /Commissioners Banquet
91h
TAMU Construction Science Career Fair
11 -12th
United States Team Roping
10 -14th
Scotty's House Banquet
13th
TAMU Equestrian vs Kansas State
19th
Brazos Valley Hospice Happening
20th
BV Bridal Association Spring Show
21 st
BCS Homebuilders Home Product & Garden Show
25 -28th
March
Coalition for Life Benefit
4th
TAMU Equstrian vs OSU
6th
BV CASA Art of Helping Children
61h
BCS Chamber of Commerce Epicurean Extravaganza
9th
TAMU Equestrian vs New Mx State
13th
The Team Seminar
13th
Escamillia Entertainment Mexican Rodeo
21 st
TAMU College Vet Medicine Equine Seminar
23rd
Brazos County Youth Livestock Show
26 -30th
Brazos County Go Texan BBQ Cook -Off
26 -27th
April
Vol. Pg. qA
PriceWaterhouseCoopers Recruiting Banquet
5th
AQHA Quarter Horse Circuit
8-11 th
TAMU College Vet Medicine Gentle Dr. Benefit
l Oth
Texas A &M Rodeo All Aggie Rodeo
16 -17th
TAMU College of Vet Med Casino Night
16th
TAMU Saddle &Sirloin Parent's Weekend Banquet
17th
TAMU B- Company Parent's Weekend Banquet
17th
TAMU PES Induction
18th
Peddler Show
23 -25th
Lonestar Peruvian Horse Club Spring Roundup Show
23 -25th
Hope Pregnancy Center's Spring Banquet
27th
TAMU Beef Cattle Mtg
29th
Gulf Coast Miniature Horse Show
30 -May 2nd
Health for All BV Dancing for the Health of It
30th
May
T -Camp Gala
1 st
Texas Transportation Institute Day
5th
Tx Jr. Livestock Association Clinic
7 -9th
BV Troupe Gary Blair Roast
8th
Central Texas Miniature Horse Show
15 -16th
A &M Consolidated Prom
15th
Research Valley Briefing
19th
Special Olympics of Texas Equestrian Competition
21 -23rd
TAMU Small Animal Retirement Party
21 st
Wedding Reception
22nd
Wedding Reception
29th
Graduation Party
29th
June
Texas Jr Limousin Field Day 4 -6th
Amway Conference 5th
Texas 4 -H Roundup Competitions /Scholarship Presentatlons 9 -11 th
SW Donkey/Mule Society Texas Shootout Horse Show 10 -13th
Wedding Reception 12th
USTRC Affiliate Philipp Ranch Team Roping 26 -27th
July
National Jr, Gelbvieh Show 4 -10th
Lions Club Rodeo 15 -17th
Vol. 149 Pg . 93
Wedding Reception
Maroon and White Goat Sale
Saddle and Sirloin Livestock Show
August
Wedding Reception
Banquet
Monster Truck Show
Wildlife Shortcourse /Regionsal Banquet
BV Riding /Driving Club Equestrian Market Day
September
Gulf Coast Paint Horse Show
Camino Real Peruvian Championship Show
Fish Camp Banquet
Brazos County 4 -H Awards Banquet
The Eagle Taste of Home Cooking Show
TAMU Construction Science Career Fair
Nat. Assoc. of Ed. Procurement Trade Show
The Peddler Show
Aggleland Ranch Rodeo
TAMU Industrial Distribution Career Fair
October
A&M Consolidated Homecoming Dance
Brazos County Pizza Ranch
TAMU Equestrian vs SMU
Texas Council of Engineering Co. Fajita Fest
TAMU Trophy Hunters Banquet
Special Olympics of Texas Athlete VIIIage
TAMU Rodeo Team Alumni Rodeo
TAMU Big Event Gala
TAMU Equestrian vs OSU
November
Young Life Brazos Valley Banquet
Chamber of Commerce Youth to Career Fair
TAMU Equestrian vs Auburn
Lonestor Pony Club Circuit Show
Wedding Reception
EID Prayer Event
R qq
24th
25th
30- AUgUSt 1 st
7th
7th
14th
20 -21 st
21 st
4 -5th
10 -12th
I 0th
12th
14th
16 -17th
20th
23 -26th
25 -26th
30th
2nd
6 -7th
1 0th
11th
21st
22 -23rd
23rrd
29th
30th
1 st
3rd
5th
12 -14th
13th
16th
TAMU Sigma Phi Lambda Date Party
TAMU Equestrian vs KSU
TAMU Phi Eta Sigma Induction Ceremony
Chamber of Commerce Taste of the BV Breakfast
Brazos Valley Swine Validation
December
Alpha Phi Omega Banquet
Kent Moore Cabinets Christmas Party
D1*lct 9 Southern Classic Livestock Show
Brazos Valley Swine Validation
TEEX Christmas Party
Bolded Events Put Heads in Beds
Vol. 14q ,& 95
19th
20th
20th
23rd
29th
4th
1 0th
11 -12th
13th
17th
Brazos County Expo 2011 Events
January
Madisonville Consolidated ISD Staff Retreat
17th
Brazos County Extension Winter Crop Mtg
18th & 251h
Extension Horse Committee Seminar
20th
Wedding Reception
22nd
TAMU Equestrian vs USG
28th
Opas Encore Gala
29th
February
TAMU Industrial Distribution Career Fair
2 -3rd
Outlaw Monster Trucks
5th
TAMU Construction Science Career Fair
10 -11th
TAMU Equestrian vs Baylor
12th
ABM Consolidated Sadie Hawkins
12th
Coalition For Life Benefit
17th
Hospice Happening
19th
Bridal Association of the BV Bridal Show
20th
Home Products, Garden, and Recreation Show
25 -27th
March
US Team Roping Championships
3 -6th
CSISD Education Foundation 50 Men Who Can Cook
4th
CASA BV Art of Helping Children
5th
Chamber of Commerce Epicurean Extravaganza
8th
ALM Rodeo Team All -Aggie Rodeo
11 -12th
Lonestar Pony Club Circuit Show
18 -20th
Chamber of Commerce Crawfish Boil
18th
PriceWaterHouse Coopers Recruiting Night
24th
Brazos County Youth Livestock Show
25 -29th
Go Texan BBQ Cook -Off
25 -26th
TAMU ACHE Banquet
26th
Wedding Reception
26th
April
American Cancer Society's Cattle Barons Ball
1st
Big 12 Equestrian Championships
1 -2nd
Gulf Coast Miniature Horse Club Spring Show
1 -3rd
Hope Pregnancy Center's Spring Banquet
5th
American Quarter Horse Super Circuit
8 -10th
Peddler Show
8 -10th
National Walking Horse Association Region 6 Jubilee
15 -16th
Vol.- I q I pg. 9 (e
Health For All Dancing for the Health of It
15th
Aggie Men's Club Parent's Weekend Banquet
15th
TAMU Sigma Phi Parent's Weekend Breakfast
16th
TAMU Saddle and Sirloin Parent's Weekend Banquet
16th
B Company Parent's Weekend Banquet
16th
TAMU ASABE Parent's Weekend Banquet
16th
Central Texas Miniature Horse Club Show
29 -May 1 st
Wedding Reception
30th
TAMU T Camp Gala
30th
Rudder High School Prom
301h
May
Texas Transportation Institute Day
4th
COALS Development Council Spring Meeting
6th
Texas Jr livestock Association Camp
6 -8th
Wedding Reception (2)
7th
TAMU FarmHouse Banquet
7th
A&M Consolidated Prom
14th
American Society of Civil Engineers Competition /Banquet
20 -21st
USTRC Affiliate Phifipp Ranch Team Roping
20 -22nd
Wedding Reception
21 st
Wedding Reception
28th
Wedding Reception
29th
June
Gulf Coast Miniature Horse Club Summer Show
3 -5th
Texas Jr Limousin Field Day
3 -5th
Piccadilly Circus
7th
Texas A&.M Research Foundation Annual Meeting
10th
Texas 4 -1-1 State Roundup Confests
15-1 6th
Special Olympics of Texas Equestrian Competition
17 -19th
District 9 4 -H Horse Show
21 -23rd
Texas Jr Brahman State Show
23 -26th
Family Reunion
25th
July
Sale 1 -3rd
Wedding Reception 9th
Lion's Club Rodeo 14 -16th
Wedding Reception 16th
USTRC Affiliate Philipp Ranch Team Roping Finals 22 -24th
Weatherford Staff Meeting 25th
Vol. 14 p 9 1
TAMU Saddle and Sirloin Steer, Heifer, and Pig Furturity
29 -31 st
Maroon and White Goat Sale
31 st
August
BV Riding and Driving Club Equestrian Market Day
20th
MDE Latino Local Amway Meeting
20th
Peddler Show
26 -28th
US Calf Roping Championships
26 -28th
EID Prayer
30th
September
Gulf Coast /South Texas Paint Horse Club Labor Day Classic
2 - 5th
Kick Start Kids Kick It Up for Kids Rodeo
10th
Wedding Reception
l Oth
Brazos County 4 -H Awards Banquet
I 1 th
Taste of Home Cooking School
13th
Camino Real Peruvian Horse Club Championship Show
15 -18th
The Mane Event -A &M Equestrian
16 -17th
TAMU Construction Science Career Fair
22 -23rd
All Aggie Alumni Rodeo
23 -25th
A &M Consolidated Homecoming Dance
24th
TAMU Industrial Distribution Career Fair
29th
Stock Horse of Texas Show
29 -Oct 2nd
October
Wedding Reception
1st
Brazos County Pizza Ranch
5 - 6th
TAMU Equestrian vs UGA
8th
Texas Council of Engineering Companies Falita Fest
10th
Texas Transportation Institute Shortcourse
10 -12th
Association of Former Students Distinguished Alumni Gala
14th
North East Texas Paint Horse Club Show
14 -16th
Brazos County Lamb /Goat Valiation
17th
Special Olympics of Texas Athlete Village
21 -22nd
Wedding Reception
21 st
TAMU Equestrian vs TCU
28th
NCEES Engineering Exam
29th
November
Chamber of Commerce Youth to Career fair
2nd
Tamu Equestrian vs OSU
5th
EID Prayer
61h
Brazos County Extension Banquet
7th
L� g
Vol. I ` pg,
Lion's Club 100 Banquet
Young life Banquet
Stock Horse of Texas Championship Show
Chamber of Commerce Taste of the BV Breakfast
Brazos County Swine Validation
December
District ?Southern Classic Livestock Show
NSW Bakery Christmas Party
Brazos County Swine Validation
Kent Moore Cabinets Christmas Luncheon
TEEX Christmas Luncheon
Bolded Events Put Heads in Beds
11th
141h
16 -20th
22nd
28th
9-11 th
1 Ith
12fh
16th
I 6th
Val. I I Pg. � --
Brazos County Expo Future Events
As of August l st, 2011
January 7 0 12,
Wedding Reception 7th
Brazos County Extension Winter Crop Mtg 17th & 24th
A &M Consolidated Sadie Hawkins 21 st
Opas Encore Gala 28th
February
TAMU Industrial Distribution Career Fair
1 -2nd
CSISD Education Foundation 50 Men Who Can Cook
3rd
Outlaw Monster Trucks
4th
American Cancer Society's Cattle Barons Ball
4th
TAMU Construction Science Career Fair
8 -9th
Episcopal Diocese of Texas Council
10 - 12th
Coalition For Life Benefit
l 6th
Hospice Happening
18th
Bridal Association of the BV Bridal Show
19th
Home Products, Garden, and Recreation Show
23 -26th
March
US Team Roping Championships
1 -4th
TAMU Equestrian vs KSU
2nd
Chamber of Commerce Crawfish Boil
2nd
CASA BV Art of Helping Children
3rd
Chamber of Commerce Epicurean Extravaganza
6th
TAMU Equestrian vs Baylor
10th
Barrel Race Futurity
14 -18th
ALM Rodeo Team Ail - Aggie Rodeo
23 - 24th
Brazos County Youth Livestock Show
30 -April 2nd
Go Texan BBQ Cook -Off
30 -31st
TAMU Saddle and Sirloin Parent's Weekend Banquet
31st
April
American Quarter Horse Super Circuit
4 -7th
Health For All Dancing for the Health of It
13th
National Walking Horse Association Region 6 Jubilee
20 -22nd
Aggie Band Dance
20th
Wedding Reception
21 st
Central Texas Miniature Horse Club Show
27 -29th
TAMU T Camp Gala
28th
Pg•_� ---
May
Texas Transportation Institute Day
Texas Jr livestock Association Camp
A &M Consolidated Prom
Special Olympics of Texas Equestrian Competition
USTRC Affiliate Philipp Ranch Team Roping
June
Texas Jr Limousin Field Day
Texas Jr. Simmental /Simbrah State Show
SW Donkey /Mule Society Texas Shootout Show
Texas Jr. Shorthorn State Show
District 9 4 -H Horse Show
July
Lion's Club Rodeo
USTRC Affiliate Philipp Ranch Team Roping Finals
National Jr. Beefmaster Show
August
TAMU Saddle and Sirloin Steer, Heifer, and Pig Furturity
September
Regional Fair
TAMIJ Construction Science Career Fair
TAMU industrial Distribution Career Fair
July, 2013
Texas Pecan Growers Assocotion Annual Conference
National Jr. Beefmaster Show
Bolded Events Put Heads In Beds
1st
4 -6th
5th
18 -20th
18 -20th
3 -5th
7 -10th
7 -10th
15 -17th
19 -21 st
19 -21 st
19 -21 st
23 -29th
3 -5th
3 -9th
20 -21 st
27th
14 -16th
22 -28th
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BRAZOS COUNTY
BRYAN,TEXAS
E S Print
DEPARTMENT:
DATE OF COURT 8/16/2011
MEETING:
ITEM Acknowledgment of the Brazos County Purchasing Department
Update for the week of Auguest 5 -11, 2011.
TO: Commissioners Court
FROM:
DATE: 08/11/2011
FISCAL IMPACT: No
SOURCE OF FUNDS:
NOTES/EXCEPTIONS:
ACTION REQUESTED OR
ALTERNATIVES:
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ATTACHMENTS:
Name: Description'. Type:
0 Purchasing Update 8- update Backup Material
Il.docx
ACKNOWLEDGED
Duane Peters Date
County Judge
http:// agenda.co.brazos.tx.usBluesheet .aspx ?# = l953�Meeting�)� 8/17/2011
Vol. g•
Brazos County Purchasing Department
Weekly Update
8/5/11 — 8/11/11
Number of PO's Processed: 105
Requisitions Completed: 2
Capital Payments: 5
Projects In Progress
Construction
Courthouse:
Phase I & II
- Carpet installed starting 8111
- Cabinets installed starting 8/11
- Courthouse lobby to be painted week of 8115
Phase III
- Proposals opened on 8/9
- Proposals currently being evaluated by committee
Bids/ RFP's/ RFQ's
Jail Pharmaceuticals
- Bids opened 8/4.
- Additional information requested of vendors for clarification
Carpet for Courthouse
Minimal remodel of CCL #1 and DA area.
Bid opens on 8118
Pre -bid completed
Addenda # 1, 2, and 3 released
Representation of Indigent Juveniles
Proposals acknowledged on 8/4
First Evaluation committee meeting held 819
Second Evaluation committee meeting to be held 8/18
Solicitation of Quotes
Reupholster CCL #1 Jury and Gallery Seating
Vendor to complete by week of 8/15
Chairs to be reinstalled in Courtroom after carpet is installed
Uol. pg. I
Janitorial Service
Water Treatment
- Solicitations due 8/23
Fire Extinguishers and Sprinkler Inspection
Pest Control
Grease Trap Pumping
D__ - Solicitations due 8/26
Smoke Detectors
Portable Toilets
- Solicitation in progress
Fire Panel Monitoring
- Additional info requested
Elevator Maintenance
- Waiting on contract from
vendor
Renewals
Fuel
Other
Renewal is in process at ABM.
When finished, we will renew
- Renewals in progress
Culverts
Lane Striping
Aggregate for Surface Treatment
Flexible Base
Seal Coat
Janitorial Supplies
Jail Cleaning Supplies
Oil Changes
Crack Seal
Assets
Auction
July assets to be completed by week of 8/19
Tentatively set to start week of 8/15
The surplus room is full. No more items can be accepted unless an
emergency situation occurs.
Fuel Software
- Working with IT to install software on needed computers
Vehicles
- Applications for license plates have been submitted to the State in
June and we are waiting on plates to arrive.
- New vehicle plate applications are submitted to the Tax Office.
Sanctuary Courtroom
- Furniture ordered, delivery on 8/23
- Working with Maintenance department to purchase remaining supplies
and sound system.
VoL � �' I pg. C D�