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2003-11-18 6:30 PM REGULAR MEETING
y� 9 •. f` i 3 a' l` .it cifioi ' : Af,,,fir 2003 NOV 1 u A f: 07 ti .� .. oa. YT tAZOS COUNTY ' BRYAN, TEXAS ... AA_,DEAUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR � SESSION ON 18 NOVEMBER 2003 AT 6:30 P.M. IN ROOM 102 OF THE BRAZOS t CENTER,3232 BRIARCREST DRIVE,BRYAN,TEXAS. 1. Invocation and Pledge of Allegiance—Commissioner Jones. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3-26 6.1 44rw 3. Budget Amendments 03/04 t_ 2A 4. Approval of Contract with Texas A&M University for services at Easterwood Airport. 5. Payment of Claims 6. Personnel Change of Status 7. Order Calling Special Venue Project and Tax Election for the construction of a multi-use regional facility called the "Brazos County Assembly Hall Venue Project" Election to be Y'uk,) held on 7 February 2004. Orden Llamando Una Eleccion Especial para un Proyecto de Sitio y Election de Impuesto para la construction de un multi-uso facilidad regional llamado el Brazos County Assembly Hall Venue Project. La election sera sostenida el dia 7 de febrero de 2004. 8. Approval of Wednesday 26 November 2003 payroll distribution date.* 9. Approval of Tuesday 23 December 2003 date for distribution of payroll checks. Checks will be available for distribution after 3:00 p.m.* *Please note that the direct deposit tape will be transmitted on Tuesday 23 December; however, depending on the individual receiving bank, direct deposits may not be posted until Wednesday 24 December or Friday 26 December 2003. VOL 58 PAGE 'L Commissionen Court Agenda . 18 November 2003 Pagi-1 0 10.The Participating Entities (Brazos County, City of Bryan, and City of College Station) Blue Cross Blue Shield(BCBS)Medical Insurance Plan design,effective 1 January 2004. 11.The Participating Entity EHS (Eckerd Health Services) Prescription Plan design, effective 1 January 2004. 12.The MG Stop Loss Insurance Amendment. 13.Renewal of the MetLife Dental Insurance Plan,effective 1 January 2004. 14.Renewal of the Canada Life Insurance Policies for Basic Life / AD&D, and for Voluntary Life/AD&D,effective 1 January 0 15.Renewal of the Hartford Insurance Policy for Voluntary AD&D /LTD. 16.Renewal of the Contract with David K. Young, Consulting,'administrator of the Flexible Spending Account Plan(FLEX Plan),effective 1 January 2004. 17.Request for Brazos County, the plan sponsor of a self-funded nonfederal governmental insurance plan, to be exempt from certain requirements of the Health Insurance Portability and Accountability Act(HIPAA),effective 1 January 2004 through 31 December 2004. 18.Request for approval of out of state travel for Wayne Dicky, Jail Administrator,to travel to Atlanta,Georgia on 3-5 December 2003 to tour the Cherokee,Cobb and Fayette County Jails at the invitation of the Facility Group. Approximate cost of travel, lodging and meals is $500.00. 19.Review of Tax Refund Applications for the following: Tax ofc. 1217 a. Helen J. Stinnett d. JC Penny Corp. Inc.Property b. Dennis L. &Lynne W.Dick e. Pebble Creek Dvmt. Co.,do Davis Young(2) c. Sewell Johnson(Life Estate) f. City of Bryan do ofc.of City Mgr. 20.Approval of the following blanket purchase orders: a. Kinko's Inc. --$1000.00 (County Clerk) b. Quick Delivery--$2000.00 (Juvenile Serv.) c. Laser Saver--$750.00 (IT) 21.Recommendation by Purchasing to award Bid#2003-053 to Equipment Lubricants. 22.Request by Purchasing for approval of a Budget Amendment to cover the lease of a copier to be shared by Building Maintenance,Constable Pct.4,and Justice of the Peace#4. 23.Request by Purchasing for approval of a Lease Agreement for a New Copier 24.Approval of Proposed County Holiday Schedule for 2004. V 0&PAGE ti a- _ Commissioners Court Agenda 18 November 2001 Pa6c 3 25.Request by the District Attorney's Office for the County to sponsor a "Tree of Angels" in the courthouse to honor victims of violent crimes in Brazos County. - 26.Request from Sprint United Telephone Company to construct approximately 8770 feet of buried communications cable installation at a depth of 30 inches in the right of way of Sulphur Springs Road. Site is located in Precinct 3. 27.Announcement of interest items and possible future agenda topics. 28. Call for citizen input and/or concerns. 29. Agency/Board/Committee reports by Court members. 30.Adjourn. • 4 _ • • The Brows Center is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements,call(979)361-4102. VOL 50 PAGE t13 • Vis! COMMISSIONERS' COURT REGULAR MEETING, NOVEMBER 18, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held at the Brazos Center in Bryan, Brazos County, Texas, beginning at 6:30 p.m. on Tuesday, November 18, 2003 with the following members of the Court present; Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; u`C.,.} Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr. , Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Jones gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns, the following spoke: Demetrios Basdekas Voiced concerns about an increase in taxes to finance the Expo Center. He stated that he sympathized with the Court in its unenviable position of needing more money to build the center but that he was really concerned about a . tax increase. He asked if the additional funds needed, will come from the $10 million in Certificates of Obligation (CO) . The County Judge said that to his knowledge none would come from the CO funds. Mr. Basdekas then asked if it was a fair statement to say that $18. 5 million will not be sufficient to finish the Expo project? The County Judge replied that he hadn' t heard this. Mr. Basdekas said that the architect had indicated this. Mr. Basdekas again voiced concern over VOL 50 PAGE ►f 4- �xp'fa (111 Commissioners Court meeting November 18,2003 2 the possibility of increasing taxes to fund the project. He then mentioned the now permissible tax freeze for senior citizens that was passed by the state legislature. The Court next considered Budget Amendment #03/04-6. 1 through 6. 2, that would reallocate funds for County Court at Law #1 and Commissioners Court. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a lecopy of which is attached. The Court next considered entering into agreement with Texas A&M University for the maintenance and operation of Easterwood Airport. The Agreement commences on October 1, 2003 and terminates on September 30, 2004 . The County agrees to pay the University $53, 050 . 00. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to enter into agreement with Texas A&M University and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20047653 through 20047850 On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. VOL Eo PAGE 115 Commissioners Courtmeeting November 18,2003 3 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was to consider adoption of an Order Calling Special Venue Project and Tax Election. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to table consideration until the next Commissioners Court meeting to be held on November 25, 2003. The Court next considered changing the payroll distribution date to Wednesday, November 26, 2003 due to the regular distribution date falling during the Thanksgiving holidays. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to approve changing the payroll distribution date to Wednesday, November 26, 2003. The Court next considered changing the payroll ,ti- distribution date to Tuesday, December 23, 2003 after 3:00 p.m. due to the regular distribution date falling during the Christmas holidays. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously VOL PAGE t Ito Commissioners Courtmeeting November 18,2003 4 to approve changing the payroll distribution date to Tuesday, December 23, 2003. The Treasurer noted that direct deposits may or may not, depending on the individual bank, be posted by this date. The next matter before the Court was approval to participate with the City of Bryan and City of College Station in the Blue Cross Blue Shield Medical Insurance Plan design, effective January 1, 2004 . On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the participation with the previously named entities. A copy of the plan design is attached. Commissioner Jones asked if there would be a change from what was done October 1, 2003 whereupon, the Administrative Assistant replied that there would be. The Court next considered approval to participate in the Eckerd Health Services (EHS) Prescription Plan Design effective January 1, 2004 . On motion by Commissioner Peters, ("a seconded by Commissioner Mallard, the Court voted unanimously to approve participation. A copy of the plan design is attached. Commissioner Jones noted that this does not mean you have to use Eckerd' s Pharmacies. The next matter before the Court was consideration of the AIG Stop Loss Insurance Amendment. On motion by Commissioner VOL 5a PAGE 1 t7 0 Commissioners Court meeting November 18,2003 5 Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Amendment. A copy is attached. The Court next considered renewal of the MetLife Dental Insurance Plan, effective January 1, 2004 . On motion by Commissioner Mallard, seconded by the County Judge, the Court voted unanimously .to remove this item from the agenda. The next matter before the Court was the renewal of the Canada Life Insurance Policies for Basic Life/AD&D, and for Voluntary Life/AD&D, effective January 1, 2004. On motion by 1110 Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal with Canada Life Insurance. A copy is attached. The Court next considered renewal of the Hartford Insurance Policy for Voluntary AD&D/LTD. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the renewal of the Hartford Insurance Policy for Voluntary AD&D/LTD. A copy is attached. The next matter for the Court' s consideration was the renewal of the Contract with David K. Young, Consulting Administrator of the Flexible Spending Account Plan (FLEX Plan) , effective January 1, 2004 through December 31, 2004 . On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the renewal VOL GO PAGE cl 3 Commissioners Court meeting November 18,2003 6 with David K. Young, Consulting Administrator of the Flexible Spending Account Plan (FLEX Plan) . A copy is attached. Commissioner Mallard asked if this included a Debit Card whereupon he was informed that there would be a fee of $1.50 per month per employee for the card. The next matter before the Court was a request for Brazos County, the plan sponsor of a self funded non federal (.0 governmental insurance plan, to be exempt from certain requirements of the Health Insurance Portability and Accountability Act (HIPAA) , effective January 1, 2009 through December 31, 2004 . On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to be exempt from the following requirements: 1. Limitations on preexisting condition exclusion period. 2. Special enrollment periods 3. Prohibitions against discriminating against individual participants and beneficiaries based on health status. 4 . Standards relating to benefits for mother and newborns. 5. Parity in the application of certain limits to mental health benefits. The next matter for consideration by the Court was a request submitted by the Jail Administrator seeking approval for out of state travel for himself to travel to Atlanta, VOL 5° PAGE (9 Commissioners Court meeting November 18,2003 7 Georgia on December 3 through 5, 2003 to tour the Cherokee, Cobb and Fayette County Jails. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Jail Administrator and approved payment of out of state travel expense for Mr. Wayne Dicky. The next matter for consideration was approval of tax refund applications from the following individuals and/or .r,� companies: a. Helen J. Stinnett b. Dennis L. & Lynne W. Dick c. Sewell Johnson (Life Estate) d. JC Penney Corp. Inc. Property Tax Ofc. 1217 e. Pebble Creek Dvmt . Co. , c/o Davis Young (2) f. City of Bryan c/o Office of the City Manager On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to approve the tax refund applications. The Court proceeded to consider the following blanket Purchase Orders: Kinko' s, Inc. County Clerk $1, 000 +' Quick Delivery Juvenile Services $2, 000 ; Laser Saver IT S 750 On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered awarding the following VOL SD PAGE t aa � s3 Commissioners'Court meeting November 18,2003 8 bid: Bid No. 2003-053 Equipment Lubricants Becky Stephens, Senior Buyer, recommended acceptance of the bid submitted by K. D. Timmons Oil Company. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract to K. D. Timmons. A copy of the bid tabulation is attached. The Court next considered a request by Purchasing for approval of a Budget Amendment to cover the lease of a copier to be shared by Building Maintenance, Constable Precinct 4, and Justice of the Peace, Precinct 4 . On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request for a budget amendment. The next matter before the Court was a request from the Purchasing Department for approval of a copier lease Agreement for a Sharp Copier to be shared by Building ' ' Maintenance, Constable, Precinct 4 and Justice of the Peace, Precinct 4 . Term of the lease is for 60 months. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the lease. VOL 50 PAGE ► a Commissioners' Court meeting November 18,2003 9 On motion by Commissioner Peters, seconded by Commissioner Jones, the Court proceeded to set the holidays to be observed by Brazos County for 2004 : January 1 New Years Day January 19 Martin Luther King Birthday April 9 Good Friday May 31 Memorial Day July 5 Independence Day September 6 Labor Day November 25 & 26 Thanksgiving December 24 & 27 Christmas One (1) Floating Holiday F_ .1 The next matter before the Court was a request by the District Attorney' s Office for the County to sponsor a "Tree of Angels" in the courthouse to honor victims of violent crimes in Brazos County. On motion by Commissioner Cauley, seconded by Commissioners Peters and Mallard, the Court voted unanimously to approve the request. • The Court next considered the request from Sprint United Telephone Company to construct approximately 8,770 feet of buried communications cable installation at a depth of 30 inches in the right-of-way of Sulphur Springs 4110 Road. The site is located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Jones, the Court voted VOL 5O PAGE ' a a • Cf: Commissioners'Court meeting November 18,2003 10 unanimously to approve the request by Sprint and authorized the installation. A copy of the request is attached hereto. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Jones a) Reminded everyone that the hamburger 1110 cookout would be Wednesday, November 19, 2003 at the Brazos Center. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He attended an Intergovernmental meeting in which the MPO representative spoke on road expansion and speaking as one voice with entities to TxDOT. b) He attended High Speed Rail meetings in Killeen last week. Congressman Carter and Edmonds received resolutions for their support of the High Speed Rail. They are still soliciting counties to join support for the High Speed Rail. While in Killeen, he '` was able to tour Fort Hood. County Judge a) He met with the Chamber of Commerce on the Highway Transportation Project concerning the Highway 190 Corridor. John Happ expressed concern about this conflicting with the High Speed Rail project. The County Judge said he would work on this so that we speak as one voice and get heard. VOL 5O PAGE t a3 Commissioners' Court meeting November 18,2003 11 There being no further business to come before the Court, the meeting was adjourned. (1111 VOL Go PAGE I The foregoing minutes of the Commissioners Court meeting held November 18, 2003 have been examined and are approved in open Court this the &,40— day of Fe[h7Aaa_ , 2004, in Bryan, Brazos County, Texas. U dita:‘,/ Randyy Sim Eric Caldwell County dge Commissioner, Precinct 1 410 � A•� `��= Duane Peters Kenny Malta Commissioner, Precinct 2 Commissioner, Precinct 3 .u.�� Carey, C lr. / . Commiss oner, Precinct 4 Attest: _ .r-n McQueen County Clerk VOL 5o PAGE ' a5 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON Wo1 . / S 2003 AT !o : 5° Name Organization/Department 56_,,,---- me frc - CAS OR cy'agt,n0CM" Sot /Q.elr1 c l (tic &LOk,ELL Al sr et. VOL5) PAGE - s. . BRAZOS COUNTY,TEXAS BUDGET AMENDMENT(S)FOR THE 2003-2004 BUDGET YEAR NO.03/04-6.1 thru 03/04-6.2 On this the 18th day of November 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims,County Judge,Presiding Tony Jones,Commissioner,Precinct 1 E.Duane Peters,Commissioner,Precinct 2 G.Kenny Mallard,Commissioner,Precinct 3 Carey Cauley,Jr.,Commissioner,Precinct 4 Karen McQueen,County Clerk The following proceedings were held: THAT WHEREAS,on November 18,2003 the Court heard and approved abudget amendment for the 2003-2004 budget year for Brazos County,Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 12,2003 the following amendment(s)to the original are hereby authorized,as described on the attached page(s). ADOPTED AND APPROVED this the 18i6 day of November,2003. • THE COMMISSIONERS'COURT OF BRAZOS COUNTY,TEXAS. By: i/.. . .s��i/�" Rand ims, ounty Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners'Court Minutes VOL &' PAGE I a7 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.03/04-6.1 11/18/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 .230001 672300 Dr. Copier 700.00 01 230001 606000 Cr. Office Supplies 175.00 01 230001 614900 Cr. Petit Juror Expense 175.00 01 230002 619310 Cr. Visiting Judge 175.00 01 230003 618010 Cr. Travel 175.00 County Court at Law#1 To reclassify budget to allow the purchase of a Copier. 40 • • ;I:491F-40r !'lis i+; 4��11??a ,li t�. 1 -;,' ,e1,11' Ham. VirOfii/I16)7i •,' r5 VOL PAGE lad BUDGET AMENDMENTS No.03/04-6.2 11/18/2003 ED DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 110001 532000 DR Retirement 6,207.00 01 110015 611300 CR Contingency 6,207.00 Commissioner's Court To reclassify funds for payment of retirement that was not contributed by the County on behalf of emp.0982. 14 • r4-10' hui i ii Sf�, i:a;1 n 4 l F fr lJ 41'643,._ �i ICAIIt': fri46 '/ ,t /, ypL 5° PAGE P 9 AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZOS § THIS AGREEMENT, made and entered into this 1 D day of November, 2003,by and between BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, ("COUNTY") and TEXAS A&M UNIVERSITY ("UNIVERSITY") pursuant to the Texas Interlocal Cooperation Act,Texas Government Code,Chapter 791. WITNESSETH: WHEREAS, the COUNTY and the UNIVERSITY are authorized to enter into interlocal cooperative agreements,pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the COUNTY and the UNIVERSITY find that it is mutually beneficial for the COUNTY and the UNIVERSITY to enter into an agreement whereby the UNIVERSITY shall furnish air travel service for the citizens of Brazos County through its maintenance and, operation of Easterwood Airport. NOW,THEREFORE,the undersigned parties hereby agree as follows: I. Commencing on October 1, 2003 and terminating on September 30, 2004, the • UNIVERSITY shall provide the services necessary to enable the citizens of Brazos County to travel by private aircraft or scheduled commercial airliner, and shall maintain and operate the facilities at Easterwood Airport, including but not limited to the terminal, run way and any and all safety facilities associated therewith, for general and commercial aviation. This contract may be renewed annually on the anniversary date hereof upon the mutual consent of the parties, which consent shall be agreed to in writing. VOL 5a PAGE le y F , Easterwood Airport 2004 Contract Page 2 II. COUNTY, for and in consideration of the services to be provided to COUNTY, hereby agrees to pay the UNIVERSITY a flat fee of FIFTY-THREE THOUSAND AND FIFTY and NO/100 DOLLARS ($53,050.00). The COUNTY shall pay out of current revenues, the full amount due hereunder within ten days of receiving an invoice from the UNIVERSITY. The UNIVERSITY acknowledges the fee stated above fairly compensates it for the services and functions it is to provide pursuant to this Agreement. Each of the parties to this agreement agrees to hold the other harmless for any and all claims of whatsoever nature or kind which may arise as a result of that party's fulfillment of this agreement. This agreement may be modified or amended in writing by the mutual consent of the parties with said modification being attached to and incorporated into this agreement by this reference for all purposes. WITNESS OUR HANDS THIS fir day of November,2003. BRAZOS VALLEY TEXAS A&M UNIVERSITY By: By: Randy s,County Judge/ /��j 111 Name: Richard L. FTlf Tltle;pwanri rite Vire Preci dent fnr Finance Attest: 'Karen McQueen,County Clerk CERTIFIED AS TO AVAILABILITY OF FUNDS: AL:By: 4, Katie Conner,County Auditor VOL GO PAGE I oef4 • 0• PERSONNEL CHANGE OF STATUS COURT DATE; November 18,2003 DEPARTMENT: Personnel PURPOSE: AgQrove Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED COUNTY ATTORNEY POPE,KARA M. NEW HIRE-PART TIME DISTRICT ATTORNEY BALLARD,BILL NEW HIRE-FULL TIME. DISTRICT CLERK PACK,MELINDA NEW HIRE-TEMPORARY LANGLEY,MELISSA TRANSFER WITHIN DEPT. lit ALONZO,CARMEN PROMOTION KESSLER,LORI NEW HIRE-FULL TIME COUNTY COURT OF ROSE,SHARON MERIT INCREASE LAW#2 SCULLY,SHARON MERIT INCREASE SUSTAYTA,KATHRYN MERIT INCREASE JUSTICE OF THE BOX,MARY A. MERIT INCREASE PEACE,PCT. 1 GARCIA,LORETTA MERIT INCREASE HUTCHINSON,NICOLE MERIT INCREASE SHERIFF'S OFFICE BRAWLEY,ELMER F. RESIGNATION SCHAEFER,ANNETTE S. NEW HIRE -FULL TIME SHERIFF'S OFFICE/JAIL TWYMAN,MARCIA D. RETURN FROM ACTIVE DUTY • VOL 60 PAGE /3a • — PERSONNEL CHANGE OF STATUS page2of2 COURT DATE: November 18,2003 DEPARTMENT: Personnel PURPOSE: ARerove Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED JUVENILE SERVICES HAMILTON,DONALD NEW HIRE—FULL TIME MANUEL,KAMI HENDERSON RESIGNATION BUILDING MAINTENANCE CAVAZOS,JOSE NEW HIRE—PART TIME COUNTY JUDGE LOCKLEDGE,DEBORAH MERIT INCREASE JUSTICE OF THE PEACE, LEWIS,DONNA NEW HIRE—FULL TIME PCT.2.2 GIBBS,MYRTLE MERIT INCREASE SABLES,MERRY MERIT INCREASE Approved in Commissioners'Court:November 18.2003/ , County Judge's or Commissioner's Signature: .1 _ (This copy to be attached to minutes) VOL 56 PAGE 1 1 3 ;mai ECKERD HEALTH SERVICES (EHS) PRESCRIPTION PLAN SPECIFICATIONS Effective January 1,2004 STANDARD PLAN Retail Plan Design(at pharmacy—30 day supply) Mail Service Plan Design(90 day supply) Brand Copay Generic Copav Brand Copay Generic CopaV Q Preferred:greater of $7 referred:greater of $15 $25 or 20% $50 or 20% g Non-Preferred:greater of Non-Preferrcd:greater of $40 or 20% $80 or 20% '110 CO);i►l DY hYfs)to lM Retail Plan Design(at pharmacy—30 day supply) Mail Service Plan Design(90 day supply) Brand Copav Generic Copay Brand Copay Generic Copay Preferred:greater of $15 N/A N/A $30 or 20% g Non-Preferred:greater of $45 or 20% Physician allows substitution if a generic is available; but patient requests brand product be dispensed; patient is responsible for cost difference. R S2;'iff:til.. No ENot to exceed$100. &"Not to exceed$200. vol v° PAGE ) 3 4 C Canada Life November 03, 2003 Julie Stultz Insurors of Texas • 3701 W.Waco Drive Waco,TX 76710 Re: Policy Name- BRAZOS COUNTY'01 Policy Number-.85878 • Dear Julie: Canada Life Assurance Company has completed its renewal analysis for Basic Life,AD&D and Vol. Lifc coverage(s). We have included the current and renewal rates,along with an overview of the factors that led to our renewal decision. Renewal rates are effective 01/01/2004 and are guaranteed for twelve (12)months,subject to the terms of the policy. Coverage Current Rate Renewal Rate Basic Life 0.230 0.230. AD&D 0.03 0.03 Vol. Life Table 5 Table 5 To accept this renewal decision, please complete the attached Renewal Acceptance Form and return it to our office at: The Canada Life Assurance Company 8201 Preston Road .Suite 715 Dallas, TX 75225 v "^ Please contact me if you have any questions. We value your business and look forward to our continued relationship. Sincerely, • / . • Michele Carpenter Administrative Assistant The Canada Lire Aswrance Company j R20; Presto'Fn• i Suite 715 oxnne.a751)Y. 214:37 900f. r ii 237 4d 4 VOL 56 PAGE 155 x�� C Canada Life" RENEWAL ACCEPTANCE POLICYHOLDER NAME: BRAZOS COUNTY'01 POLICY NUMBER: 85878 BENEFITS: Basic Life • CURRENT RATE 0 230 - Please circle your accepted $ Renewal Rate/Plan below RENEWAL DATE 01/01/2004 RENEWAL RATE: 0.230. ALTERNATE PLAN: ALTERNATE PLAN 2: POLICYHOLDER ACCEPTANCE / &- v Ud & � i - iii Ade '.nature DATE ///1 g/0 3 PLEASE FAX TO: THE CANADA LIFE ASSURANCE COMPANY FAX: 214/237-4404 "156 PAGd �P �ft\7 Canada Life RENEWAL ACCEPTANCE POLICYHOLDER NAME: BRAZOS COUNTY'01 POLICY NUMBER: 85878 . x) a ' 0: '.I , .' r.J. it . BENEFITS; AD fi` ._ f Ta ;� CURB NT RATE 0 03 E ; ' , ' r Please°Grcle your acctepted r J rt` } s ,Jr R"enewal Rate/Plan below ,. fi -�' :I,r3�• ,'iel `�v • ''t .,• - .cW ti Y RENEWALDATE 01/Oj Zaq,B 7 " ,"' RENEWALRATE 0.03 ' 3 � ' r 5 c t t.ALTERNATE PLAN ` " 4� ...:71".! �' t. . ^+ a ?- ALTERNATE PLAN 2 }C ,v kt ., '- ' POLICYHOLDER ACCEPTANCE Print Name and Title Signature DATE PLEASE FAX TO: THE CANADA LIFE ASSURANCE COMPANY �`` FAX: 214/237-4404 • — Voi 9, PAGE 7 C Canada Life- RENEWAL ACCEPTANCE POLICYHOLDER NAME: BRAZOS COUNTY'01 POLICY NUMBER: 85878 } BENEFITS Vol Lde ,. f - CURRENT RATE: Table 5f . Plessey circle yo{ir accepted ro„c Renewal Rate/Plan belova 47 % ' tp r; „ a r; ; ' i t 've r ta'` RENEWAL DATE: 01/01/2004 RENEWAL RATE: Table:5 ;; Il ti i':u+ kr • ` .> r - x ALTERNATE PLAN , ..'41 ai 1g ALTERNATE PLAN 2 g . ; POLICYHOLDER ACCEPTANCE Print Name and Title Signature- DATE PLEASE FAX TO: THE CANADA LIFE ASSURANCE COMPANY �Y FAX: 214/237-4404 J 133 VOL 5b PAGE November 11,2003 THE ,,/A.` HARTFORD Kaye Kelleher Group Benefits RE: Brazos County Policy Number: 61 ADD 006661 • Anniversary Date: September 1,2003 Kaye: An annual review of the above policy has led to the following rate decision: The current rates stated below will remain in effect for the 2003-2004 policy year. .05/1000 per Insured Person(Voluntary Plan) .07/1000 per Insured Person&Family(Voluntary Plan) Please communicate the rate pass to your producer. Sincerely, • Brad Harris Senior Underwriter 678-566-4380 Hartford Life Group Benefits Division Accident Underwriting Two Point Royal Office Building 4550 North Point Parkway Alpharetta,GA 30022 Toll Free 888 560 9632 Facsimile 678 762 0325 Mailing Address: P.O.Box 2250 Alpharetta,GA 30023 DIOL 56 PAGE lift • In Page l of 2 Subject: FW: Brazos County VADD To: <Inichols@co.brazos.tx.us> Loraine: Here is the Vol AD&D that renewed on 9/1 with a rate pass. The Vol LTD also renewed with a rate pass. • Original Message---- From: Gwynn Sent: Tuesday, November 11, 2003 1:17 PM To: Brenda Cos Subject: FW: Brazos County VADD • Here is the Vol AD&D answer. Gwynn Nalley Plumhoff&Associates 713-789-4848 0 I 800-444-6005 4 713-789-4977 fax wc� gwynn@plumhoff.com \Original Message---- From: Kaye.Kelleher@hartfordlife.com [mailto:Kaye.Kelleher@hartfordlife.comj —J Sent: Tuesday, November 11, 2003 1:08 PM To: Gwynn Subject: Brazos County VADD rate was continued. They have the anniversary as 9/1, by the way Kaye H. Kelleher, CLU 785 Greens Parkway, #220 Houston TX 77067 800 392 7805, ext. 73818 direct 281-877-3818 fax 281-877-3910 kaye.kelleher@hartfordlife.com Printed for Loraine Nichols<Inichols@co.brazos.tx.us> 11/12/2003 altµ 0 CRC SECTION 125/CAFETERIA PLAN ADMINISTRATION The following is agreed to between David IC Young,TPA(DKY)and Brazos County(Employer)for the installation and/or continuing administration of a Section 125/Cafeuzia Plan(the Plan)with Flexible Spending Accotmts.The following conditions are agreeable LO both parties. DKY GENERAL RESPONSIBILITIES: DKY will consult with the Employer concerning plan design,implementation and maintenance of specified employee compensation and benefits maintained or implemented by the Employer and/or specified human resource(IIIc)matters. DRY will charge: O A. $4.00 pm employee per month(minimum$^per month)for Flex Spending Account administration. O B. $I.75__per employee per month(minimum S pa month)for Premium Only Administration. O C. $1.50 per employee per month(minimum S per month)for Debit Card option. O D. per employee for - • O E. project fee for • 0 F. per participating employee per month in flexible spending/premium accounts. DKY ADMINISTRATION RESPONSIBILITIES: DKY will assistBmploycr in the administration and maintenance of the Plan and provide assistance and support as needed DKY will also provide claims forms and other necessary means of filing FSA claims;blare reimbursement checks at least twice monthly, and/or perform debit Card account administration; issue employer end of month reports to include Deposit Transmittal Report,Bank Reconciliation Report,Detail Statement of Employee Balances for the flexible spending accounts,a Wire Transfer Report/t'h..•k register,and issue plan year quarterly reports of account balances for those employees participating in the FSAs with a"Use Ila Lose IL"warning notice for the last three months of the plan year,provide forms to Employer for communicating participant terminations and changes in family status;provide Employer a dependent/child care report at the end of each calendar year,prepare the WS Form 5500,ifrequired, for the Employer's signature;prepare the Plan's Plan Document,Summary Plan Description and Adoption Agreement Maintenance of Information: (a) DKY shall maintain at its principal administrative office adequate books and records of all transactions in which the administrator engages with insurers,plans,plan sponsors,insureds,and plan participants. (b) The books and records will be maintained for the turn of the written agreement to which they relate and for the five-year period following the end of the written agreement's term. (c) DKY will maintain the books and records in accordance with prudent standards of insurance record keeping. (d) The Commissinnez of the Texas Department of Insurance and his designated representative mustbc given access to those books and records for thcpurpose of examination,audit,and inspection.(c)Trade secrets,including the identity and addresses of policyholders and certificate holders,are confidential,except the commissioner may use that information in proceeding instituted against the administrator. (f) An insltrsr,the Plan,Employer is entitled to continuing access to these books and records sufficient to permit the insurer, The Plan, Employer to fulfill contractual obligations to insureds and plan participants.The right provided by this subsection is subject to any restrictions included in the written abmxxncnt between the administrator and the insurer,the Plan,oraployerrelatingto prr>[rictmyrights oftheparties to the books and records. (g) DKY may fulfill the requirements of this section on termination of the written agreement by delivering to the Employer or Employer's designated agent, the hooks and records and by giving written notice to the commissioner of the location of the books and records. EMPLOYERGENERALRESPONSIBILITIES: Employer will distribute FSA Checks if mailed to the Eitployer's offices and participant statements to participants;report to DKY,in a timely manner,participant changea,terminations and changes in family status; if Employer maintains the fiduciary account,then Employer will reconcile the bank statement with the DKY furnished end of month report and notify DKY of any discrepancies;cause to be recorded relevant amounts from the DKY provided end of year dependent/child can:report on the employee W-2 in the appropriate block;secure,at Employers expense and option,professional review of the Plan documents,summary plan description and legal and tax implications of the Plan. ESA FUNDS MANAGEMENT: 1.) Depository Bank: ,.. a.) DKY representative as authorized signatory (If yes, Employer specifically agrees to execute required documents.): Yes❑ No ❑ h.) DKY representative will be provided with check stock,but without signatory authority: Yea El No ❑ 2.) DKY representative is assigned authority to requesttransfer of funds from the Employer. Yes ❑ No ❑ DKY AS SUBCONTRACTOR: When DKY is functioning as David K. Young, TPA, Employer shall be the Plan Page 1 of2 VOL 50 PAGE !4 I Administrator,unless otherwise stated in thePlan Document. DKY has no authority,discretionary or otherwise,as regards the ''';'P^" control and final administrative decisions of the Plan(s). DKY is not an attorney or CPA,and thus all matters regarding legal and tax implications of the Plan(s)should he reviewed by Employer's counsel. AGENT SEL.E(TN: If the Employer desires to install products associated with this agreement,Employer designates 4'� .._.... -_as agent(s)of record. ( Employer Initials) Employer understands some or all products sold with any Plan associated with this • agreement could be underwritten;therefore,some employees who apply for the coverages may be,at the discretion of the insurance carrier(s),declined coverage,rated at a higher premium than was originally illustrated,or not be covered for certain conditions. It is further understood that DKY may be compensated by the designated agent(s),via separate agreements solely between said Agent(s)and DKY. 0 Mayrn May Not DKY may or may not receive commissions derived directly from the sate of products associated with this agroent ARBITRATION: DKY,the Employer,the Nan Trustee and the Plan Administrator agree to meet and confer in good faith on all matters and disputes arising under this Agreement. If a dispute is not resolved under the foregoing,then any party may submit such dispute Cost, to mediation, and then as a final resort,to binding arbitration under the commercial rules of the American Arbitration Association CAAA”). Such arbitration will be held as promptly aspossible In BexarCounty,Texas and will be conducted before a single arbitrator,not withstanding any rule of the AAA to the contrary unless otherwise agreed to by the parties at the time of the arbitration. Furthermore,notwithstanding any rule of the AAA to the eoalrary, such single arbitrator shall not be chosen without a list of potential arbitrators. The AAA shall then have the discretion to select an arbitrator from those remaining. The decision of the arbitrator will be binding on the parties and may be submitted for enforcement to any court of competent jurisdiction. All costs and expense associated with the arbitration, including the attorneys fees of the prevailing party,shall be borne by the non-prevailing party to the arbitration. However,notwithstanding the above requirements to submit claims to arbitration,anyclaim,the amount of which is below the maximum jurisdictional limits of a Justice Court or a Small Claims Court in Bexar County,Texas shall be submitted to such court for determination and shall not be required to he submitted to arbitration. PERFORMANCE: This agreement shall be construed under and in accordance with the laws of the State of Texas,and all obligations of Employer and DKY are performable in Bcxar County,Texas. CANCELLATION:This Agreement shall initially be for 12 months,and thereafter can be canceled by either party with 60 • days written notice. PAYMENT TERMS: 1)0 In full on commencement of contract;Amount due with contract__ . 2),,,yyL,0 Partial on commencement and balance in progress; Dae with contract ;Remaining balance due . 3) rpt In progress (30 days of invoice). I ` All invoices are payable at DKY's business office,11 107 Wurxbach Road,Suite 403,Bexar County,San Antonio,Texas 78230. • ACCEPTANCE: All theconditionsdescribedand outlined within this._ -emen eon.' cs1through2,are agreed to and a •ted b both parties.. ��II BY: 4 i /j C..� j- DATE:I/7;/3, • Empl• err presentative BY: ... ..-. DATE: DKY Representative Page 2 01'2 v OL PAGE 11-1-a 33..wFf' ss(-h .d., $ >i .a 'f Y t . t10. :,-h + R ` ,T9 1`tVt a Vs ii 3 i'.wKtE"4'�Yfve j. a ;1 t - 44-r"333t t c 's iU.VaL- Aye / ` t •.71-i 44F x.a . ffi9a a1 rs4TtT7rJt z2.:e wFrS7 is ,Yv . ? i 1SL`� N 3 � f � ' +_ 0 3aireV"41-(!p1;it t 4t i U � , s !if4....s CO.MmrtgeYMNrt0Lw ammo Wag ammo a 6fa9aW}l9 I $1MWY gELIIwr.YgWOPII4 dGmpg.YDMOgUYe a9ENExogHlCAE N ' M%EKROK SUS WV $4.74 HA SUS WAf i I 51903 WA ORDYDFPom WA 1;°.A`Pa:"r .;.`Ati •d4:.:6:a,:5Se-za_...::, ?3s Y_.liti,'afi:.'d.. his. ».;,u.;.1"e?. E 1101013 WW1 ON EORCAW IY001TOIL ta WROITMta ,NAIAD NAMNOO M OIOAIOI0311 MO OIFB<L&FIWMO. DES:MR*110110MADE SUPERS MFLEET Meg MER OA 11115410 UA 510 s.MOTOR op..ingsa BML MR MNOITLta MGM pLCO. S EASRAM OwOWD 100.15.00 wiaULA O IESBCUP B MULTIGRADE DWI IWPR•11.176P ADD Wail MET 11V440 mE MOIL NEA 5441471 0311 NB 1113 1A . WA RM TO 14 .ti.y., V., v.s• N». .iL.. rv".ya..:..e:s.--ae.:t..,, „ . .�.,il.....w_,..-,»Yxr..o-;..:. .._,.....i.-r.as. 5,..,..v :. ::(4. .::._ _tt.da+uG uy.zs'v -... MOTOR ON54154 VIRICIITOLta YYDfA1TOLw. BRASLLLCAM MOMDEWE CRWMane 51.5$ tAYO ROMA 1.4N pE$544.1410 50100! 0pgy 132120 g1UD[ NPFRifit IMO MOMPER OAL NIS 11A540 NN54 1531 I.TRACTOR HYDRO=RAD YIRDIITOL CO. T'RD111OYta IIAZ BRAND •546LLOIIW YWWW1.11TRACT RAID 111103!2101.TRACT ROOD WPOI I TRACT 00021LUD BRAND nalO 01w T0.AMSOARDIRGIRM9M wMA[124 5115 Nil POIOAL W. to /µ101i9 µ1M Nu DOUR nom WA fH •YRACTOAMYOHUUC MEmWE NMCr11TOL Wt YMIXMQIta (`(, WZAMO BDALDAM I BRAM40*NAME OTOOTMXORVOYRCIRMY9RD 00.111)MADD YxNFRR541314 10W2004T TRACT MAD SUPFRSTR14.HYDE PTOCEP!RDK 1154 NM1 541510 132540 I.IIQCTC IN RUO WNDMTDLw WNOHTOR C6 11000TCONE IOW 1.1.1 BRNO MAW , WOO TRW:CA D.TRAMO CC- 5IC DIIiW TOI VIRAL5421 S TOINULDPNE SUPER OM U14ITSAC TO4 WMT L� We=PER OAU:' NM - RITIE 1054 0 Q L UWVEAMLMAR UMW/ T YMOgRG6 CO. YRYA1I OLta �I M!IHMM 071-10LIDOOI u1,,.�� DRAM SAY! ROYAL C.P.0AIUSE BRIM 15140 ROTA/705YBY MULLS! ROYAL IT POLY GEARLIWE WPM,' / ?RICE PER LB 110 0.111 _ MT5N NAP DOM Hawn' WA I WA PM OPM WA J 0 I.UNNWLMIRLW WAMT BRA134405/NDMa@ iOMIDM PAL WR011TYLta NWMIIRta PRICE ER PA ROYAL GDR UAW 10153411 ROYAL 707 YOLYYFNI WOE OSYALIO MSL'DEAR ODE OIIERi OLOtlWItl PWCFPER PA4 iT101 50321 ROW 41.0 11.11 11AUt0YA10 TMMEWD 00(12011 MLERCONATP - MNOR OIL CO. bRIGHT 01.CO. IRA.MAY! MOO MLERCOM DOYAETO OWROII IMERCROMAIT MORON RRIOOOSAIE MHO I MDRD POW PER DAL MM NUM wow KA 150 OM 50010 DRUM 001062 WA WA TI.AUIDYAM TMMIHIID IS QUARTS PER CAI! 11 MAIM PER CAM 120UARTMERCASE 11 WORTS PER CAM VOMIT CM.O WRIGHT OL CO. DRAW MAYS 0100DIMON IPM 010 DORE(W 0,1170 TRAMSRYD AUTO TRAM ELIO WPM SOWN 541ERCOM CASEPOCE 0010 5199 - $1113 $17.01 11150 t 1E OLTWRPO0E WASE 10]001001Lw. CMi10DGE1TM MTw1OCC CO. CRAW NAME ROYAL91E11M MVNMEPS ROYAL 14 ROYAL Oa ME1wN MOLT EP CREWE COKESPEICTE! 11 0 50 54 II 1 11 NONPERW54 ! I PRICE PER 230 5055 03120 1u11 0154 r ,-':.s ;.,a'ka.,o�^>n>k ..:.. - ,.:.:.< 1.1 ,2`. . :. -,{<:a,• ... ,.:72-11- 4455:512:1.-.; ....9-�y.:'x§,+591t-a*2E'f�D'..�rmacZ. er,aws_+�.yy, RECOMMENDATION: MMONS OI //�J///yyy//GJ COURT APPROVAL• V / r —) DATE: /1 9_3 0 411)r (9> , . Total Mop"'' Agreeme�j NT 0 GE Capital Agreement# _- 'EQUIPMENTIndividualEquipment Model g Description Serial Number Accessories Minimum Number of Copies Shay AR int uso1U t 2-icFl1 y4-An/ ;Ou3. -ARIA/ AK-FAIT 0 See attached schedule for additional Equipment/Accessories Consolidated Minimum Number of Copies l 5/001) (Insert NAY not applicable) Equipnent LoraBah(d ddfat d hose Bing Address) SUPPLIER TRANSACTION TERMS Dahill Industries Mrymurn rJ [/Q / Iasi £1,ri,{,�C(,f N� Monthly Payment WIZ Term months .pp�dpp�� may( -778ol. — (plus applicable taxes) Su, State in Charge •(VC.vfettof CocssPer re rolls • YOU HAVE SELECTED THE EOUPMEJT THEJPPt1ERAND TISREPRESENTATIVES Excess Per Copy Charges will be Billed Monthly by Supplier. ARENOT OUR AGENTS ANDANE NOTAUTH(M®TO MODIFY THE TERAS OF THIS AGFEEMENT.YOUAPEAWARE OFTHE NMEOFTHEMANUFACTURER OF EACH RUA OF EQUR 94TAM)YOU WILL CONTACT EACH MANUFACTURER FORA DESCItP- DON OFYGURwAAFANfYPo( r1S.WEMMO_NOWARRANTESTOYW,DFRESSOR The following additional payments are due cn Cie date this Agreement is signed by you: AS INKED TOTIEME R]NMABILITY,RTNESSFORAPARTICUTARPURPOSESUIT- O ASILRYORallERWSW E WEFROVIEnEFQUPLIEJTTOYASC.WESHALL NUT SEWRI7Y DEPOSITeE LIABLE FOR Ca5ECUDnIAAR SPECIAL DAMAGES. . YOU RPAYMENTOFril0ATICNSAREABSOLUTEAND 1RICONDn10NALAND ARE NOT ADVANCE PAYMENT' $ 0 •Applied to: o fust o last SUBJECT TO CMCESATION,REDUCTION CR SETOFF FOR ANY REASON WHATS0- (plus applicable taxes) EVER BOTH PARTIES AGE TT/WAIVE ALLTRGHTSTOA JRYTRIAL THIS AGREE- ENT GREE- t MErTSHALSEGO/ETRe ruELAWSOF MISSOURI.YOU Ca6ENTTOTHEJLL Doc i.n.e rFEE 448:GB�(urduded on first Invoice) Ne RISOcTn4AMB)VE IEOFFEDERALANDSTATECOURTS N MISSOURI. 4✓ BY SIGNING PBS AGREEMErr,YOU ACKNOWLEDGE RECEIPT OF PAGE 2 OF nos .CUSTOMER ("You") • /� AGREEMENT.AND AGREE TO THE TERAS ON BOTH PAGES 1 AND 2. ORAL AGREE- 1 a Aoci:4cr- MERSORCOMMfINENiSTOLOWMOFEY,MEN di®NORTOFORARFROM $r�,zOS ,JJyy ENFORCING REPAYMENT a PROMIS A DST MCLUDINO ES TO WEND COR RENEW SUCH DEBT ARE NOT ENFORCEABLE TO PROTECT YOU AND US FROM MISUNDER- STANDING ORCSAPPOMFFNT,ANY AG'RSUITSWEADO'COMING SUCH MAT-EXCLUSNE _ !1 MAT- TERS @TTOF AGCONTAINED Rm�NT BETWEEN11%E TASSWRMNG,WINCH IS THE WE1AAY PLETE ERA IN 300 'E . d.(o'ik. ' I f Sfe 3114 . WRITING TO MODffY'TT. aI SAM d rem yan TX 71 bo3 J sate be - OWN ER("We',"Us') • 0�arc. ta. ena • 361-yagy mrnanna) General Electric Capital Corporation / ` Wren Contact acne Phan i/f 1961 lest Dave,Moberly,MO 65270 6 Go.brazoS.'a1')C f Lk.`. By. Y B A d r-ter. ., . • Name: Name: cin• ciS 1 a's% PleasePM TWO: Title: a Li n m_. • Date: Date: • Fed Tax ID'14-loo 00 4 3 3 �. . r Unconditional Personal Guaranty hoasHaaean d Dara gMthe Apmnaah reianaeanbb gusty,the undersigned UKanamealyand hawceNyguraAeab Omer,its successors adasvosAhe p �atl per mancedd.0 end Weeyyation p'pona I�ndu�airrpcoe/yfocantI ageemat(a)tana v�ntydpaymedad rotdmeec5as and melam an proceed apalnsr ma wThcut1B6p1°"Bdar'hand aSONbmMdfanOatomer,(b)IwdRetaadyshqeetwasWducingnganrentdwtblerd.tawehipopedypakdase a1 kdeeevntheI 4a all natls Inti atwid x'Ind 2. �c)Owrrmay MOW,Mend orotlenriseNa�tema alba Pgreerner thoutnodrobmeadIA De bound MsWo charges,and �ay (Ben ecusdimrtemrnnYesokenaeamM1� u F. fees seetiveethe 0y end omerki Imlsuccessors Oomer.tedattys.yen nbeen ationsta S the aasond daoschnst, m end venue dcekd al send elate outs h AAStaalcuai.rh Naewrtlmwpay ase...imlaulm eeaanP�eoamntsowed.mswaa�ryseal eew+e^�Mbelass dh9saxal.bmrarub 2 4i6,iduaay P Piled 1 off Name' Page 2 Visit us et www.gecepital-oth.com VOL 50 PAGE 1 ice Maintenance Austin Bryan Corpus Christi 512-836-2100 979-7'74-2200 361-U9.0900 INDUSTRIES Agreement Harlingen Laredo 956-4 5-3010 956-724-8188 McAllen 956-630-5208 Connecting CzGtomers To Total Sohthons San Antonio 210-805-8200 Tyler 903-509-8200 Orde D'a/{�/Q., FSf- `D/y7e e " ,e # . �` PO No OY•• /oL/O r,.a�. �r°xbw i'1iv` r'sa u �� Service Location gY k?:-'5F a Dari FsrcF :, ^�<t T�`1"'x�', 3v ,-vTN ,4 4' .r;z✓c- ..,.sFbt t ...«. „.. >xa,,, .a:..Zv..,.., .2,,,»" Bill TO. �,.:,z''a.- S. ..m,. ....t°eav_.P.i...ki::'�'c�...w e. ^ z).r' Name Name Addte;,,,�c .zo5, e�e •raz sur, i_ d' or d%1)to N . W ascii fit Suite/Bldg. SEraTall rig •P T .o' Israaa-cia ' r P si. ra2-0mY Contacte In Uortn Phone (O -4S o I la- ,.A . ' Hours of Operation: Fan 36 Y - Terre of Agreement /0V Lease Terme _ (O � ., .?;-?1,�. ua7;):; Y N:F` . n..orz.s$. Si r ` l,:4 _txas 'yh bI wt i /-1:4,;;;; °-,-1.'i��> r Cr ere irT .)c r 7 if ui T 11 #r 1' u'`..'S S° ft" S ✓V b .st"�m 'F . w�Y IF �c''�S"'q" v 1. �� �'`9m t5 lw, kms°, e.F' }fit e '�• � t L /yyA',t/uac x H3 Kxi t3xx> im3s �''. �g,� Sr: n7�.""+.� w.wzCq� .ate �h" L �Nli'/r♦MMEI:T ; ratiZatY lYTAL.Z7 d-TAti- A i!: yYya--:',1,i7Tx !,4,-,,,,:"..r .-„:,r-�T ?w;4;T, . 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Yo^kiiF " nMi Tf ,r Special Instructions: a "y�'`na `..... .:asf� A ; ✓, xs F Ytum . ey:vah ,'r6£ig(,9v,.1t ° T::.' .. ,e .tz t „s n v g: #�t(ko�.^t��`"k..H.a�O��'�ieui�'uH�,;X��N ���'„�..E,�"�° - i.;�i..'.v�".:d�>CY.,�E'p& i.T; '�:�Ht�,����°� t 4SR ."'�{ � �>w�rK7�" �{'"w:..Yr�:�K�° 3' $ sa_,ll!a Includes: i es* From: to To : + Cost ;o0-5 Per A rPAM per. raovt'i'&n From: To : Cost From: To : Cost cif 1 `o!Tn xr�` t; t , ka..n> t va y¢O; vvy 4'l vV4 t' ilPiilI :ca:aa �1': '& ep ws _ },yam m t'..,r., :'�a' 6� FSr.lY�...+utm�,$...�n£.wx.. �s..x'M€��.°Yic.,.'°`�. ��'°.�£`�?,,...x.3.2,.v ,,. .�.u`� `moa.w�..Ga•ms &J.. 'tz:.i."x.+.6u�4G�r`�` O.•rum ':S Developer [i Fax Option ❑Sole Use Circuit ■ olor Supplies Print Controller ❑Dedicated Line t4=lack Toner arts, Labor&Travel . OSpecial:_ titin°ue upon re**upon oretht this user Tib proaaentupu aaepnme by 0.11a taabbs aWasede.any other wiI 'w cal aamvnkabont b*aen tie piton OMA bduseiesis knot bound bylaw tailor ._ . .Asy a de ..i.....rhenllncce ,d. B`e Crieedit .e:11, l ele Rmc.nd con6 sol t.eplroeCt ustomer Signature Credit Approval r i�j/o3 sae c-�— AaatmtManager. Date / / Un�(A `1 oe cC // C4J14 /(tta(t)3 s ,4i4 �LCM1/.e>a�v,:4 a«'t <«:a 3k�1kF k�:'44 „.Att2dWith ix ar3i«: 4 :va ?y? t...15,44 tlS...t4>M.N.:� ka y;v.W`ii:s�,sx�d# .9 %,a0 is a E..i Ff4. ... � �5<St r#�•tia� Y Y f i)_t�Y�� Dahill Industries Acceptance Tithe en.606/03 VOL 80 PAGE 14-5 J!-JL1nIL.L Capra a MI-2890300 SALES ORDER Rabat= 9564757010 I'NDUSTRIES www.dahlGnasve'wnLaredo San ntonio 22 Tyke 9035094270 Con eedvgOatem err to Rol Sduac a _ PAGE OF y,...,..,y 7 1 Y: ° `j' S S k t d;i.:. '! liC-57 r 'T r• AT: .� :.1.,..;:.:_.., . . ��r_,..,... '..x.._,. ,�"':. x.JLit _ 4 ,..t 4NI ..., i.'_....3u..d.v., ..,.., . _�. ..,.,.«a, z:.y NAME in NAME rs r&w5 • ADDRESS ADDRESS CITY - STATE ZIP CITY STATE ZIP CONTACT PHONE CONTACT PHONE FAX# O# Order Date Akti Install Date /1(( 07 AM PM Pick-up Date MOVEMENT STATUS ❑IT INSTALL 0 SURVEY ❑pEMO 0 RENTAL RETURN ❑STAIRS 0 ELECTRICAL [SAt E/1 EASE/RENPAL 0 NATIONAL ACCOUNT/RETURN LEASE RETURN 0 TRADE-IN 0 MOVE 0 LOANER Shaded Areas for In-House Use Only 0 HOLD POR DEMO 0 DEALER SPLIT ❑OTHER: N-New,R-Refurbished E$UIPMENT AND ACCESSORIES �[ Product No. NIR ' ModeVDes• Hon t 4J .§.35c/..?4,i...,1; Unit Price Total "` it it �I i [ / . ,__ rlr�pAKlo S .ac. VIEV�, • •7,�1Si /firl7 rf]AIThS�' . , :_y. F rive ._.•„g, Callra' Lt d , 1.1ralarifte<'ncriniftt . .t , Ir rt k. v1 $ .. .,. :3 a rrs m me.}.. Irk-r < F e •s_`7 yyy A . P y ,1 9 ,i'I S4 t$�+.�.LP.ta COMMENTS: Subtotal / Sales Tax IrSi.. ' Frei:ht fir' f. I)- Dam P �t �— I �21// p Iii TOTAL /. _ _ Dat Date . and bTnulon2ceip�uponbathtgpnrvdodo ism@,.Thiee$rcm¢'emts n !�'f bt bec i.. . supertatea my oMee�nnenwmel mmmwiauwti Mvun Jm portio.DaLill lnduxnlc iuptcilinllY nol board Manyanl pr•nnrn rµrtemrma Micb do nx epprnr.laer[rwl'emnmd C".i�ian rte lack) LISq} VOL 5o PAGE 1462 • Amendment (for State and Local Governmental Entity In Texas) Agreement No. dated 1/1 X04 3 /� �� Owner/Lessor('We,Us'):General Eleetrle Capital Corporation eacto S l q t,�( Customer/Lessee("You'): �/ The term'Payment'shall mean Lease Payment Rental Payment or Minimum Monthly Payment,as such terms may be used in the above referenced Agreement. The term 'Agreements shall mean Equipment Lease Agreement,Totatcopy Management Agreement or Rental Agreement,as such terms may be used in the above referenced Agreement. We and you agree to amend the Agreement as follows: • 1. The following is inserted as the second paragraph in Section 3 of the Agreement NON-APPROPRIATION OF FUNDS. You Intend to remit to us all Payments and other amounts for the full Term If funds are legally available. In the event you are not granted an appropriation of funds at any time during the Term for the Equipment or for equipment which is funotionety-e-hmaar to the Equipment end the non-appropriation did not result from an ad or omission by you,you shall have the right to return the Equipment In accordance with Section 12 of this Agreement and terminate this Agreement on the last day of the fiscal period for which appropriations were received without penalty or expense to you, except as to the portion of the Payments for which funds shalt have been appropriated end budgeted. At least thirty(30)days prior to the end of your fiscal period, your chief executive officer(or legal counsel)shall certify In writing that(a)funds have not been appropriated for the fiscal period,(b)such non-appropriation did not result from any act or failure to act by you. 2. The following Is Inserted as the second paragraph in Section 4 of the Agreement PERSONAL PROPERTY TAXES. If this Agreement provides for an FMV Purchase Option or a 10% Purchase Option,(1)you hereby acknowledge and agree that as the owner of the Equipment throughout the Term we may be assessed personal property taxes, end (2) notwithstanding the fact you may be exempt from the payment of personal property taxes, you hereby agree, at our discretion to either(a) reimburse us annually for all personal property taxes which we may be required to pay as the owner of the Equipment or(b)remit to us each baling period our estimate of the pro-rated equivalent of such taxes and governmental charges. 3. The second and third sentences In Section 7 are deleted end replaced In their entirety with the following: You cal not bring any action or tae any Balm against us or any assignee for any tosses, damages, penalties,claims,Injuries, or expenses Incurred by you or any other person caused by the transportation, installation, manufacture, selection, purchase, lease, ownership, possession, modification, maintenance, condition,operation,use,return or disposition of the Equipment. 4. Section 14 of the Agreement Is deleted and replaced In Its entirety with the following: 14. MISCELLANEOUS. Notices must be In writing and will be deemed given 6 days after mewing to your (or our) address. You represent that (a) you are the entity indicated in this Agreement (b) any documents required to be delivered in connection with this Agreement (collectively, the 'Documents`) have been duly authorized by you In accordance with all applicable laws, rules, ordinances, and regulations: (c)the Documents are valid,legal, binding agreements,enforceable hi accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your governing body, and hold the offices indicated below their signatures, (d) the Equipment Ls essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall be used during the Terrn only by you and only to perform such QVt3 3 Js P5M03&1X(e!W) Page 102 VOL gO PAGE . 47 function; (a)you intend to use the Equipment for the entire Tenn end shall take all necessary action to Include In your annual budget any funds required to fulfill your obligations eacfiscal period diduring the Term; he (I) you have complied fully with all applicable law governing open meetings, public appropriations, required in connection with this Agreement and the debt under applicable state law; (9) your obligations to remit Payments under this Agreement constitutes a current expense and not a debt under applicable state law,(h)this Agreement is binding on you and your successors and assigns;and(I) all financial information you have provided is true and a reasonable representation of your financial condition. You authorize us or our agent to be your ettomeyhl-fact for the sole purpose of signin g eventC financing statements. Any claim you have against us must be made within two(2)yea after which caused it. If a court finds any provision of this Agreement to be unenforceable,all other terms shall remain In effect and enforceable. You authorize us to insert or correct missing information on this Agreement, including your proper legal name, serial numbers end any other information describing the Equipment if you so request end we permit the early termination of this Agreement you agree to pay a fee for such privilege. Except as specifically amended by this Amendment all of the other terms of the Agreement shall remain In full force and effect. This Amendment is hereby signed by duly authorized representatives of us and you as of the date of the Agreement Ovnia .essodWe General Beetle Capital Corporation , EY: BY: -, 411 NAME. NA •• Ran " c 3 i rn ' n TITLE: TITLE: l 'O j AUTHORIZATION CERTIFICATE J I,the uderslgned certify that the indlvlduel(s)who executed Agreement No. (the'Agreement')had at the time of execution full power and authority to execute the Agreement and That as required procedures nawssary to make the Agreement a legal and binding obligation of Ct MomedUstsee have been Mowed. I also do hereby certify that payments due and payable by Customer/Lessee under the Agreement for the currant Term are within the current fiscal budget and aro included within an available and unencumbered appropriation. A •- • FFICIAL .' C nature and Tule) asoma-TX(etC) 06/13/03 us Pape 2 d2 TOTAL P.02 VOL 5° PAGE ) 4%. y BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM • DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: November 18, 2003 ITEM: Request from Sprint United Telephone Company to construct approximately 187.70-: feet of buried communications cable installation at a depth of 30 inches in the right of way of Sulphur Springs Road. Site is located in Precinct 3. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2)All installation(s)shall be constructed in designated utility easements,It applicable. If no utility easement exists,the Installation(s)shall be 1)within 3-5'of and parallel to the right-of-way line and/or 2)in the case of a road bore,perpendicular to the right-of-way line. 3) If clearing of brush,trees and other obstruction is necessary,it shall be the Applicant's responsibility to do so and to remove all cleared brush,trees etc.from county right-of-way. 4) Ditch line shall be compacted to 90%standard density ASTM-Test Method No.0-698;test shall be conducted by an Independent gegtechnical testing firm;copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Hinhways,published by the Texas Department of Transportation,and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUB ITTE Y: APPROVED BY: Richard F. Vance, P.E. K Commissions riny Malta County Engineer Precinct 3 CC03-105 This Request is Approved 1H" / Denied ❑ by Commissioners' Court Date: / Randy Si ' , County Judge VOL 5o PAGE �� ATTN: Richard F.Vance W.O. 3629725 Brazos County Engineer 2817 W.HWY 21 Bryan,Texas 77803 Dear Sic. Formal notice is hereby given that the United Telephone Company of Texas, Inc. proposes to Install buried communications cable upon and along the right-of-way of county roads in Brazos County,Texas, as follows: IMPROVED ROADS(paved)-The contractor will plow cable in back slope with 8' of right-of-way line. Pipe will be tared.under all paved county roads extending from ditch line to ditch line with a minimum cover of 30". IMPROVED ROADS(gravel)-The contractor.will plow cable in the back slope of the road,one track of the plow tractor on the back slope the other may come to the shoulder of the mad neither whole tractor or plow will be on the road surface. UNIMPROVED ROADS (dirt)-Same as improved,unless because of ditches, trees and other terrain features, it is more practical to plow in the center of the road. In these cases,the cable will be plowed in the center of the mad. 10 Not applicable in County. BRUSH DISPOSAL-Any brush,trees,etc.,that are cut will be burned or disposed of and not left in the ditch. Rocks brought up by tractor or plow will be disposed of. DEPTH OF CABLE-All cables will be placed at a minimum depth of 30" except where crossing dams or ditches, at which locations the depth of cables will be at a minimum of 36°. The following are requirements which are made on the contractor: 1. The plowing equipment shall be subject to the approval of the Engineer and the Public Authorities having jurisdiction over highway and road rights-of-way. 2. The equipment and construction methods used by the contractor shall be such as to cause minimum displacement of the soil. The slot made in the soil by the cable plow shall be closed immediately by driving a vehicle track or wheel over the slot or by other suitable means. 3. Damage to banks,ditches,driveways,and roads caused by the equipment shall be immediately repaired to thesatisfaction of the Engineer and • Public Authorities having jurisdiction over highway and road right-of- way where involved. 4. Trenches shall be promptly back-filled with earth, and mechanically tamped at six(6)inch lifts so that the earth is restored to original grade to assure no hazard to vehicular, animal or pedestrian traffic. No trenches shall be left open overnight. 5. The usual 10%fees withheld from contractor until repairs are made satisfactory with Engineer and Public Authorities having jurisdiction of right-of-way involved. ort,i•-. c.v./73 SEE 5#r Z 0 VOL PAGE 15 Brazos County will not be held liable at any future date for accidental damages to the buried cable plant by road working equipment such as maintainers, hole diggers, etc. In the event of such damages the Telephone Company will be notified immediately. The County Commissioners Court may require the owners to relocate this line, for valid reasons under the law, by giving thirty(30) days written notice. a. Where communication facilities are located on county • road ROW the Telephone Company will relocate said facilities at no expense to the County. b. Where communication facilities are located on private property the county will reimburse the Telephone Company , for the relocation of said facilities. At any place where a communications line crosses over a county road, it shall be constructed and maintained at least eighteen (18)feet above { � the surface of the traffic lane. Please notify forty-eight (48) hours prior to starting construction of the line, in order that a representative may be present. . The locations of the proposed lines are more fully shown by the copies attached to this notice. Construction of this line will begin on or after the 17th day of Novembert , 2003. SPRINT/UNITED TELEPHONE�� //� COMPANY OF TEXAS, INC. BY VGaN Donald DATE: 11/06/2003 TITLE: Netwo ngineer II P. 0. BOX 2077 Humble,TX 77347-2077 APPROVED: County Judge for Commissioners Court COUNTY A DATE J/-/0 -03 42,4T 3 Raw &ta,() O.K. .05 AJorEO /,vl/Ad h.E 94)on 1-4Ju.ni. j TNA7 T.v.E e8B4e 'Vitt .BLS Jti5Yy-/,1f 30 " Oen') 4.5 Vatia. /2t ,+ .r/-rt5, Ag4,O ;Ai ACtE Cvt.A✓r TNa- iT i5 /✓ora iF /�u.t..ry /jEEO5 /a Do i tn- hiepit NA--Ao 1.2/65 UP 9".0 an- CAM IE y Cmtdjry Ivitc g %<ec.0 /JH/2i•»t F53 VOL 5° PAGE . .! ' g fQo WORK LOCATION Sti# lP GS CG SULPHEA SPRINGS PO ti0 0 cc OC ti s w 0 I s • t s 4P• 4y0 TO MILLICNI t .`O T 3-L DSO-P. TA SOLARIA SPRNA+oilsca/tagad+ G+1+9.' HiM &*r..n +S 201 NVSTTX 063258 DONALD.GARY 36299725 Sprit"'Teleplay SULPHER SPRINGS RD Unpin GO 'beam Phoned ROBBY TROMPSON HVSTTX 936-825-1631 w003M43a I 9 x• ) e • X 36299725•--IPP?fS v SEE PRINT 4 9tN . o',t" '4' I .4111/93 s3625177/5(PM L.66'asr-er�B+s - ♦ ' - / , Ezn ♦I., /Ite, .1. 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