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HomeMy WebLinkAbout2001-10-23-0900AM-RegularOpr FILED a 2001 OCT 19 A 9. 02 VREI! PNQUE[H.000NTY CLERK BRAZOS COUNTY ORAZOS Ou II YAN. TEXAS BRYAN. TEXAS BY; DEPUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WELL MEET IN REGULAR SESSION ON TUESDAY, OCTOBER 23, 2001 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26Te STREET, SUITE 115, BRYAN, TEXAS. 1 Invocation and Pledge of Allegiance - Commissioner Suns. 2. Call for citizen input and/or conoerns. Consider and take action on agenda items 3 - 34: 3. Budget Amendments 01/02-2. 4. Budget Amendments OO/Oi-47.2 5 Personnel Changes of Status. 6. Payment of Claims. 7. Increasing the Flexible Spending Account (FSA) limit to $3,000.00. 8. Recommendation of Consultant relative to stop loss insurance. 9. County contribution for dental insurance for county employees. 10. Holiday schedule for 2002. 11. Amended Sick Leave Pool Policy. 12. Blanket Purchase Order to Deal Enterprises for Con:,nissioners Court. 13. Recommended list of Pr siding and Alternate Election fudges. 14. Amending the Longc rit.• Policy as it relates to commissioned depu,,es in the Shenff's Department. 15. Request by Distrirt Attorney to catty over funds from the 2001 budget to the 2002 budget. 16. Request by IT Depamnent for Purchase Order to The Software Group for 2012 billings. 17. Lease agreement with Lucille Varisco and Estate of Brazos Varisco for the building at 301 North Main Street for juveLUa Services, 18 Amendment to the Tax Office Budget for armored car servviace. u Commissioners Court Meeting Agenda October 23, 2001 Page Two 19 Lease agreement with Corporate Leasing Service for security equipment for Juvenile Services. 20. Request by Duane Peters, Constable, Precinct 4 for appointment of William L Cross as a non-paid Deputy Constable for Precinct 4. 21. Maintenance Agreement with IKON Office Solutions for Brazos Center Copier. 22. The following Blanket Purchase Orders: a Kinkos - $700.00 - County Clerk b. Wilton - $1,000 00 - County Clerk C. Napa Auto Parts - $3,000.00 - Road and Bridge d. Capitol Bearing - $3,000.00 - Road and Bridge e Buchanan/Soil - $5,000.00 Road and Bridge f. Aggieland Automciive - $2,000.00 - Sheriffs Office • g. Pharmerica - $1,000.Ki - Jail h. Scarmardo Produce - $2,150.00 - Jail i. Alliant Food - $6,200.00 - Jail j. Performance - $8,000.00 - Jail k. Sysco Food Service - $6,200.00 - Jail 1. Ben E. Keith - $1,250.00 - Jail in Cain's Coffee - $600.00 - Jail n. Glazier - $1,000.00 - Jail o. Butterkrust - $1,600.00 - Jail p. Lilly Dairy - $2,800.00 - Jail q. Team Systems - $900.00 - Jail r. Brazos Wholesale - $500.00 - Jail s. Ray Criswell - $700.00 - Jail t. Ecolab - $620.00 - Jail 23. Approval of requisition to ACS Government Records for Microfilming and Indexing for County Clerk. 24. Approval of requisition to ACS Goverment Records for Leasing System 1500 for the County Clerk. 25. Award of RFP #2002-006 -Financing of County Vehicles. • 26. Award of Bid #2002-026 - Transportation of Deceased. 27. Award of Bid #2002-oi5B -Asphalt, Oil and Emulsion 28. Approval of following recurring payment requests: a. Varisco Estate b. St. Joseph Regional Health Center C. Hospice of Brazos Valley d. American Lung Association of Texas e. Family Practice Residency of Brazos County f. Health For All g. Brazos Animal Shelter h. B IIncorporated i. Texas A&M Dept of,Psychology 29. Acceptance of Wakefield Bridge, Inc. cost estimate of $23,000.00 to repair Bird Pond Road bridge structure #B3-184-001 at Carter Creek. Site is located in Precinct 3. VOL..,~~Mrm__ , 0 Commissioners Court Meeting Agenda October 23, 2001 Page Three 30. Request from Malcolm Pirnie, Inc. to construct a road bore for water line installation in the right ofway of Mumford Road, approximately 5337 feet northwest of its intersection with Mikulin Road. Site is located in Precinct 4. 31. Request from Verizon to construct buried cable installation in the right of way of Deep Well Road beginning approximately 1,302 feet northwest of its intersection with FM 974 and extending for a distance of 1,188 feet. Site is located in Precinct 2. 32. Execution of the Master License Agreement for ESRI software purchased by Road and Bridge through Texas DIR at discount rates. 33. Acceptance of Gan ett Engineering's cost estimate not to exceed $1,200.00 to complete the detention pond at the Adult Detention Center. Site is located in Precinct 4. 34. Final Plat of Estate ofRoyder Ridge Phase Two, Samuel Davidson League, A-13. Site is located in Precinct 3. 35. Presentation of quarterly Delinquent Tax Collection Report. 36. Announcement of interest items and possible future agenda topics. 37 Call for citizen input and/or concerns. 38. Adjourn. The Courthouse 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. 01,~, ' ~r • COMMISSIONERS' COURT REGULAR MEETING OCTOBER 23, 2001 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9.00 a.m. on Tuesday, October 23, 2001, with the following members of the Court present: Alvin W. Jones, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Wm.S. Thornton, Commissioner of Precinct 2; Randy Sims, 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 Sims gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns, Dan Bates stated that he saw no need to condemn the Bienski land for the Exposition Center. He went on to declare that he would make this a campaign issue in the upcoming election. The Court next considered Budget Amendment #01/02-2.1 through 2.2, which would transfer funds to the 272nd District Court from Contingency, and reallocate funds for Juvenile Services. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the • budget amendment as submitted, a copy of which is attached hereto. The Court next considered Budget Amendment #00/01-47.2, which would transfer funds to Non-Departmental from Contingency and other departments. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. Vol a- tk Page 0 Commissioners' Court meeting October 23, 2001 2 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20023888 through 20024243 On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. The Court next considered increasing the Flexible Spending Account (FSA) limit to $3,000.00. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to increase the Flexible Spending Account (FSA) limit to $3,000.00. The next matter before the Court was consideration of the recommendation by the insurance consultant relating to stop loss insurance. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the consultant to accept the proposal submitted by Sun Life relating to stop loss insurance. The Court next considered the County contribution for dental insurance for county employees. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to accept the plan in which the employee pays $8.00 per month for dental insurance with the County paying the other half of the employee premium. On motion by the County Judge, seconded by Commissioner Sims, the Court proceeded to set the holidays to be observed by Brazos County for 2002: January 1, New Year's Day January 21, Martin Luther King Birthday March 29, Good Friday Vol a Page a00 17~ Commissioners' Court meeting October 23, 2001 3 May 27, memorial Day July 4, Independence Day September 2, Labor Day November 28 & 29 Thanksgiving December 24-26 Christmas The Floating Holiday was eliminated for the year. The next matter before the Court was approval of the Amended Sick Leave Pool Policy. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Amended Sick Leave Pool Policy. A copy is attached. The Court proceeded to consider the following blanket • Purchase Orders: Deal Enterprises Commissioners Court $7,000 On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Blanket Purchase orders as submitted. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to appoint the following persons as presiding judge and alternate judge for the current voting year at the following voting precincts: Pct # Election Judge Alternate Judge 7 Gladys Dominik (D) 10 Jean Cangelose (D) 17/47/48/49 Delores Turincio (D) 25/43 Kathy Nichols (D) Giovanne Bell (R) 42/60/77 Norman Waggoner (R) The Court next considered amending the Longevity Policy as it relates to commissioned deputies in the Sheriff's Department. Commissioner Cauley moved to approve the plan. Commissioner Jones seconded the motion. After some discussion, Commissioners Cauley and Jones withdrew their motion and second. The Sheriff suggested that his employees receive longevity pay for any time served prior to being commissioned. There was considerable discussion on various scenarios but the Court was at loggerheads on the issue. The ~0 Vol a- Page Commissioners' Court meeting October 23, 2001 4 County Judge then suggested delaying consideration of this item until later in the meeting. The Court next considered a request by the District Attorney to carry over funds from the 2001 budget. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to carry over funds from the 2001 budget to the existing 2002 budget. The next matter before the Court was consideration of a request by the Information Technology Department for a Purchase Order to The Software Group for 2002 billings. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the Purchase order in the amount of $1,900,000.00. The Court next considered a lease agreement between Brazos County and Lucille Varisco and Estate of Brazos Varisco for rental of the building located at 301 North Main Street, in Bryan, Texas, for use by the Juvenile Services Department Term of the lease is for the period of one year commencing on October 1, 2001 and ending on September 30, 2002. The County agrees to pay to Lucille Varisco and Estate of Brazos Varisco the amount of sixteen thousand, two hundred dollars ($16,200.00) payable in equal installments of $1,350 per month. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to enter into a lease agreement with Lucille Varisco and Estate of Brazos Varisco for the period stated above. A copy of the Lease Agreement is attached. The Court next considered amending the Tax Office budget to include armored car service. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to amend the Tax Office budget. The Court next considered renewal of a lease agreement between Brazos County and Corporate Leasing Services for security equipment for juvenile Services. Term of the lease . • Commissioners' Court meeting October 23, 2001 5 is for the 2001-2002 fiscal year. The County agrees to pay to Corporate Leasing Service the amount of One Hundred Eighty Six and 64/100 Dollars ($186.64) per month. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the lease agreement between Brazos County and Corporate Leasing Service for the period stated above. A copy of the Lease Agreement is attached. The Court next considered a request from Constable Precinct 4, Duane Peters, to appoint William J. Cross as an unpaid Reserve Deputy Constable. On motion by Commissioner • Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Constable Peters to appoint William J. Cross as an unpaid Reserve Deputy Constable subject to appointment being within the allotted number of deputies. The Court next considered approving a Maintenance Agreement with IKON Office Solutions for the Brazos Center Copier. The term of the Agreement is from August 25, 2001 to August 24, 2002. Cost to Brazos County will be $196.64. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the Maintenance Agreement and authorized the County Judge to execute the Agreement on behalf of Brazos County. A copy of the Agreement is attached. • Vol C) (P Page ')03 0 Commissioners' Court meeting October 23, 2001 6 The Court proceeded to consider the following blanket Purchase Orders: Kinkos County Clerk $700 Wiltons County Clerk $1,000 Napa Auto Parts Road & Bridge $3,000 Capitol Bearing Road & Bridge $3,000 Buchanan soil Road & Bridge $5,000 Aggieland Auto Sheriff $2,000 Pharmerica Jail $1,000 Scarmardo Produce Jail $2,150 Alliant Food Jail $6,200 Performance Jail $8,000 Sysco Food Service Jail $6,200 Ben B. Keith Jail $1,250 Cain's Coffee Jail $ 600 Glazier Jail $1,000 Butterkrust Jail $1,600 Lilly Dairy Jail $2,800 Team Systems Jail $ 900 Brazos Wholesale Jail $ 500 Ray Criswell Jail $ 700 Bcolab Jail $ 620 On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the Blanket Purchase Orders as submitted. The Court next considered approval of a requisition to ACS Government Records for Microfilming and Indexing for the County Clerk's office. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition in the amount of $140,000.00. The Court next considered approval of a requisition to ACS Government Records for Leasing System 1500 for the County Clerk's office. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition in the amount of $17,760.00. The Court next considered awarding the following RFP: RFP No. 2002-006, Financing of County Vehicles Pat Howard, Purchasing Agent, recommended acceptance of the RFP submitted by Wells Fargo Bank. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Wells Fargo Bank. A copy of the bid tabulation is attached. Vol a Page a 0 • Commissioners' Court meeting October 23, 2001 7 The Court next considered awarding the following bid: Bid No. 2002-026, Transportation of Deceased Pat Howard, Purchasing Agent, recommended acceptance of the bid submitted by Daniel and Son Funeral Home. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Daniel and Son Funeral Home. A copy of the bid tabulation is attached. The Court proceeded to considered awarding the following bid: Bid No. 2002-015B, Asphalt, Oil and Emulsion Becky Stephens, Senior Buyer, recommended • acceptance of the bids for AE-Prime,CRS- 2,SS-1 and HFRS-2 and submitted by Cleveland Asphalt as primary and Prime Materials as secondary; the bids for HFRS-2P submitted by Gulf States Asphalt as primary and Cleveland Asphalt as secondary. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendations of the Senior Buyer and award the contract as noted. A copy of the bid tabulation is attached. The Court next considered authorizing the Auditor's office to process recurring payment requests for the following: a) Varisco Estate for lease of building for Juvenile Services $1,800.00 paid monthly. b) St. Joseph Regional Health Center tobacco settlement funds $8,250 paid quarterly. c) Hospice of Brazos Valley tobacco settlement funds $21,250 paid quarterly. 40 d) American Lung Association tobacco settlement funds $15,650 paid quarterly. e) Family Practice Residency of the Brazos Valley for indigent health care $18,750 paid quarterly. f) Health for All tobacco settlement funds $4,500 paid quarterly. g) Brazos Animal Shelter for animal control services $5,833 paid monthly h) BI, Inc. for equipment lease $1,029.90 paid monthly. goS Q Vol Page is Comnussioners' Court meeting October 23, 2001 8 i1 Texas A&M Dept of Psychology clinical psychology services for Juvenile inmates $1,018.68 paid monthly. On motion by Commissioner Sims, seconded by Commissioner Thornton, the Court voted unanimously to authorize the Auditor's office to process all the previously noted recurring payments. The Court next considered acceptance of the Wakefield Bridge, Inc.'s cost estimate of $23,000.00 to repair Bird Pond Road Bridge Structure #B3-184-001 at Carter Creek in Precinct 3. On motion by Commissioner Sims, seconded by Commissioner Jones, the Court voted unanimously to accept the cost estimate from Wakefield Bridge, Inc.'s for repair to Bird Pond Road Bridge Structure #B3-184-001 at Carter Creek. The Court next considered the request from Malcolm Pirnie, Inc. to construct a road bore for water line installation in the right-of-way of Mumford Road approximately 537 feet from northwest of its intersection with Mikulin Road in Precinct 4. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Cauley, seconded by Commissioner Sims, the Court voted unanimously to approve the request from Malcolm Pirnie, Inc. and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Verizon to construct buried cable installation in the right-of-way of Deep Well Road beginning approximately 1,302 feet northwest of its intersection with FM 974 and extending for a distance of 1,188 feet. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Thornton, seconded by Commissioner Jones, the Court voted unanimously to approve the request from verizon and authorized the installation. A copy of the request is attached hereto. Vol -Ike Page ao(4 • Commissioners' Court meeting October 23, 2001 9 The next matter for consideration was the execution of the Master License Agreement for Environmental Systems Research Institute (ESRI) software purchased by Road and Bridge through Texas DIR at discount rates. On motion by Commissioner Sims, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to execute the Master License Agreement for ESRI software. The Court next considered acceptance of the cost estimate from Garrett Engineering not to exceed $1,200.00 to complete the detention pond at the Adult Detention Center in Precinct • 4. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to accept Garrett Engineering's cost estimate. The Court next considered approval of the Final Plat of Estates of Royder Ridge Phase Two in Precinct 3. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the final plat of Estates of Royder Ridge Phase Two as submitted The Court heard a presentation of the quarterly Delinquent Tax Collection Report as presented by Shelbourn Veselka, representative of McCreary, Veselka, Bragg & Allen Attorneys at Law. • Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) The Treasurer's request for a Resolution will be on the next week's agenda. b) Does not appear to be a need to employ a Magistrate right away. c) November 13, 2001 is the last day to appoint a board member to the Appraisal Board. d) He had a visit from TEX 21 concerning the budget for transportation. Vol QL(e Page cl)-b7 40 Commissioners' Court meeting October 23, 2001 10 e) Bill Newman, financial advisor with Public Financial Management, has presented a time line for the sale of Certificate of Obligation Funds. f) He drew attention to the list of names printed in the newspaper that are owed money from the state. The County Judge recessed the meeting at 10:05 a.m saying that it will reconvene at 11:05 a.m. to continue discussion on agenda item number 14. At 11:05 a.m. the County Judge reconvened the meeting and suggested that longevity pay for commissioned deputies be calculated both ways and that they receive the greater of the two. He then made the motion to that effect. The motion was seconded by Commissioner Thornton. He then commented that no employee should make less than they are currently making with longevity pay. The County Judge and Commissioner Thornton amended their motion and seconded to say the plan will become effective immediately. The Court voted unanimously to approve. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. Vol A(t Page LI 09 • held October 23, 2001 have been examined and are approved in open Court this the day of 2002 in Bryan, Commissioners' Court meeting October 23, 2001 7 The foregoing minutes of the Commissioners Court meeting Brazos County, Texas. • Alvi'rr W. Jone County Judge ~ C" Wrnton Commissioner, Precinct 2 1~~ Jon Commissioner, Precinct 1 Chades~B Jones Commissi er, Precinct 3 • 'Mirey Ca e , Jr. Commiss' ner, Precin 4 Vol au C Gd~L aren McQueen County Clerk Page a© 9 E Pat BRAZOS COUNTY COMMISSIONERS COURT MEETING ON zz 200 I AT 'i" Op AAk ' v ya F (9R /A/c 9Af) k,, ;A/ t-a.7 l~( T yj " /Kv1l A S~ak T ~ L 2 04"10 • ~ a i. BRAZOS CO TY COMMISSIONERS COURT MEETING ON dA- a-3 200 ! AT f:yo Qrin NAME ORGANIZATION/DEPARTMENT • • S,U ~ ACS 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2001-2002 BUDGET YEAR NO. 01/02 2.1 On this the 23rd of October 2001 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; Wm. S. Thornton, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Karen McQueen, County Clerk. The following proceedings were held: THAT WHEREAS, on October 23, 2001 the Court heard and approved a budget amendment for the 2001-2002 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 4, 2001 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23rd day of October 2001. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Alvin W. Jones, County Judge Original: County Clerk's office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes 1110L__ ID 171 • • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02-2.1 1023/01 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 221001 516500 Dr. Hourl -Ct Coordinator Su 4,121.00 01 221001 531000 Dr. Social Security 320.00 01 221001 532000 Dr. Retirement 430.00 01 221001 438000 Dr. Worker's Compensation 10.00 01 110015 611300 Cr. Contingency 4,881.00 272nd District Court To budget supplemental a for the court coordinator supplement as a roved b the Commissioners Court 10/9/01. p p~Ke y'~~#~ '`CIS` ~ • 4 5'.. • •'-~a Date , ` !O L`, 'V t'e.~_•.• 3 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02-2.2 10/23/01 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 310001 673420 Dr. Minor Furniture 970.00 01 310001 614500 Cr. Miscellaneous 485.00 01 310001 602400 Cr. Detention Supplies 485.00 Juvenile Services To reclass►f budget to allow the purchase of two office chairs. Date: x'10/18 O ' Dafe: ~S' t ,1 ~1LA BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2000-2001 BUDGET YEAR NO. 00/01 47.1 through 47.2 On this the 23rd of October 2001 at a regular meeting of the Commissioners' Court, the following members were present: Alvin W. Jones, County Judge, Presiding Tony Jones, Commissioner, Precinct 1; Wm. S. Thornton, Commissioner, Precinct 2; Randy Sims, Commissioner, Precinct 3; Carey Cauley, Commissioner, Precinct 4; Karen McQueen, County Clerk. The following proceedings were held: • THAT WHEREAS, on October 23, 2001 the Court heard and approved a budget amendment for the 2000-2001 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 5, 2000 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 23rd day of October 2001. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: 64-Le Alvin W. Jones, County Judge • A- I Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes is BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 00/01-47.2 10/1/O1 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease Com missioners' Court 01 110005 606200 DR Postage 16,000.00 110005 614000 DR Insurance 10,000.00 110005 617400 DR Telephone 20,000.00 110005 618800 DR Utilities 7,000.00 110005 720900 CR Auditor-External 2,000.00 110015 611300 CR Contingency 11,595.00 110020 731800 CR B.V. Council of Governmen t 31,000.00 110020 733200 CR Central Appraisal 4,000.00 110020 736300 CR Public Lirbrar 1,000.00 110001 612800 CR Dues 3,405.00 53,000.00 53,000.00 • PERSONNEL CHANGE OF STATUS page 1 of 2 • • COURT DATE: October 23, 2001 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED CCL #2 WILLIAMS, LEQUNIA L NEW HIRE-TEMPORARY COMMISSIONER'S COURT GREEN, BEATRICZ MERIT INCREASE OCON, REBECCA MERIT INCREASE CONSTABLE, PCT 4 GARCIA, TRACI W NEW HIRE-FULL TIME CONSTABLE, PCT 6 HOBSON,ANGIEC RATIFICATION COUNTY ATTORNEY MARTIN, JR., PAUL T^ RETURN FROM ACTIVE MILITARY DUTY BIDDLE, SCOTT PROMOTION MARTIN, JR., PAUL FILLING BIDDLE'S VACATED POSITION DISTRICT ATTORNEY KAMPS, NATLIE COMPLETED ASSIGNED JOB DUTIES VICTIM SERVICE N._ CONNELL, SUZANNE RESIGNATION GONZALEZ, CHRISTINA RESIGNATION SCHULTZ, LAUREN RESIGNATION LT. JESKE•FULTON, LINDA DISCHARGED JUVENILE COURT REFEREE OEHLERT, TANYA K Y' MERIT INCREASE w PERSONNEL JOHNSON, MELBA MERIT INCREASE ROAD & BRIDGE MANTEY, TONEY RESIGNATION MARION, BETTY MERIT INCREASE CROW, RAY MERIT INCREASE COTRONE, JERRY MERIT INCREASE JONES, ION S MERIT INCREASE KUDER, BILLY D MERIT INCREASE ZALMANEK, CHARLES F MERIT INCREASE SIMONS, CHRIS MERIT INCREAS3 CUNNINGHAM, DAVID MERIT INCREASE TRACY, CATHERINE K MERIT INCREASE VILLARREAL, VICTOR MERIT INCREASE WILHELM, WAYNE MERIT INCREASE LEFLORE, JIMMY B MERIT INCREASE WHITE, KENNETH MERIT INCREASE REYNA, PEDRO C MERIT INCREASE MENDEZ. BENITO R MERIT INCREASE EMOLA, GLENN MERIT INCREASE BASS, ANTHONY MERIT INCREASE CURTIS, ALFRED W MERIT INCREASE CHAMBERS, EVANS MERIT INCREASE ARREDONDO, GUADALUPE MERIT INCREASE TYLER, KAREN MERIT INCREASE E PERSONNEL CHANGE OF STATUS page 2 of 2 COURT DATE: October 23, 2001 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME AC 11ON REQUESTED SHERIFF OFFICE - JAIL DIV HENRY, CLARENCE PROMOTION Approved in Commissioners' Court: October 23. 2001 County Judge's or Commissioner's Signature: 6_~ w~T~ Y.r, (This copy to be attached to minutes) T- a i A ~Wvj claim 83 73 988 83 73 9 200 200 200 200 200 1200 75 100 75 100 75 75 75 75 75 75 75 75 sec 65 fi5 65 75 65 75 65 65 75 75 65 65 75 75 85 65 65 65 75 75 75 75 net claim 18 8 933 9 135 125 135 135 125 125 10 35 0 25 10 10 10 10 0 0 0 0 total net 959 931 135 125 270 250 45 25 40 0 M sec ded 70 60 70 60 70 60 70 60 70 70 relmbursement 889 871 65 65 200 190 0 0 _ 0 0 delta 18000 -18000 0 0 10000 40000 0 0 0 0 premium 378169 316366 378169 316366 378169 316366 378169 316366 378169 316366 rem delta -61803 61803 -61803 61803 -81803 61803 -61803 61803 -61803 61803 total -4 3803 4 38 03 -61803 61803 -51803 51 803 -61803 61803 - 61803 61803 /0-751o/ BRC7Y01 SLDENASO.xis 'y Q .9 ~S BRAZOS COUNTY, TEXAS SICK LEAVE POOL POLICY AMENDED Section I - AMENDMENT TO THE COUNTY THE COUNTY SICK LEAVE POOL PROGRAM FOR THE EMPLOYEES OF BRAZOS COUNTY, TEXAS. The Brazos County Commissioners Court, during a regular scheduled meeting on this the 23rd day of October , 2001, voted to amend the Sick Leave Pool Policy approved by the Commissioners Court August 5, 1997 which established a program within Brazos County to allow an employee to voluntarily transfer sick leave time earned by the employee to a County Sick Leave Pool. The authority to establish this program is established by Chapter 57 of the Local Government Code (V.T.C.S.), Sub-Chapter E, 157.071 et seq. (As amended September 1, 1997 and September 1, 2001). 1.) PURPOSE The purpose of this policy is to provide a COUNTY SICK LEAVE POOL which will enable County employees to voluntarily transfer sick leave time earned by the employee to a County Sick Leave Pool and to permit employees to draw time from the County Sick Leave Pool in the event of catastrophic injury or illness. Section H - DEFINITIONS 1). ADMINISTRATOR - means the person designated by the Brazos County Commissioners Court to administer the County's Sick Leave Pool Program. 2). ELIGIBLE EMPLOYEE - means anyone who is an employee of Brazos County with 12 or more months of continuous employment with the county who is paid from the County General Fund, a County Special Revenue Fund or a County Administered Grant Program and is eligible for sick leave under the existing Personnel Policy and Manual of Brazos County; has enrolled in the sick leave pool and transferred at least one day of accrued sick time to the sickleavepool during the fiscal year. Elected Officials will not be considered as eligible employees. (157.073(a)(1)(2) LGC amended September 1,2001). 3). IMMEDIATE FAMILY - is defined as those individuals related by kinship, adoption or marriage who are living in the same household or, if not in the same household, are totally dependent upon the employee for personal care or services on a continuing basis. 4). CATASTROPHIC INJURY OR ILLNESS - is defined as a severe condition or combination of conditions affecting the mental or physical health of the employee or the employee's immediate family that requires the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation from the County for the employee. Examples of illness/injuries generally considered severe enough to be catastrophic include, but are not limited to: 1 ! -A ft - a ~ ~ __~#A_ I R Sao 4, A. B. C. D. E. F. G. stroke with residual paralyzes or weakness, incapacitating heart attack, major surgery (such as hysterectomy, mastectomy, heart bypass surgery, prostrate surgery), cancer, hepatitis, broken hip renal failure Examples of illnesses/injuries that generally would not be considered severe enough to be catastrophic include but would not be limited to: A. broken limb, B. cold/allergy, C. certain types of surgery with minor or no complications (such as appendectomy with minor or no complications, and, is D. pregnancy with minor or no complications. 5). LICENSED PRACTITIONER - means a practitioner as defined in the Texas Insurance Code, who is practicing within the scope of their license. G). BENEFIT APPLICATION - an employee, prior to applying forbenefits from the county sick leave pool, must have enrolled in the sick leave pool and transferred at least one day of accrued sick leave time to the sick leave pool during the fiscal year and exhausted all accrued vacation, sick leave, and compensation time that has been credited in their behalf. (157.073 (a)(1)(2) LGC amended September 1, 2001). Section III - ADAHNISTRATION OF SICK LEAVE POOL The following rules have been adopted by the Brazos County Commissioners Court relating to the operation and administration of the County Sick Leave Pool Program: 1). The Commissioners Court will designate a person to administer the sick leave program annually and a three or five member Advisory Board for the Administrator. • 2). The designated Administrator and a representative of the Commissioners Court will develop the criteria to be considered a "catastrophic injury or illness", and submit the criteria to Commissioners Court for approval. Any changes to the criteria must be approved by Commissioners Court fourteen (14) days in advance of any action taken. Such criteria shall be made part of this policy and marked as "Addendum A". 3.) The Administrator is responsible for the administration of the County Sick Leave Pool in accordance with this policy. The Administrator will approve or deny, in writing, both contributions to the County Sick Leave Pool and requests for the use of time from the County Sick Leave Pool. E 4). An employee may transfer not less than one day nor more than three (3) days of accrued sick leave time earned into the County Sick Leave Pool during the fiscal year. An employee who is terminated, or who resigns or retires may donate not more than ten day of accrued sick leave time to the sick leave pool. (157.074, LGC, VTCS) (157.074(c) amended September 1, 2001) 5). Enrollment in the sick leave pool and contribution of sick leave hours (days) to the program is strictly voluntary. Sick leave time will be deleted from the contributing employee's sick leave balance as if he or she had used it and credited to the County Sick Leave Pool. (157.074 LGC, VTCS) 6). An employee electing to contribute time to the County Sick Leave pool will deliver an EMPLOYEE REQUEST TO CONTRIBUTE TO COUNTY SICK LEAVE POOL form (in triplicate) to the Personnel Department. 7). The contributing employee's accrued sick leave account on their personal record will be reduced by all amounts that they have elected to contribute as if he or she had used it. The Personnel Department will notify the Administrator of the number of days that the employee has elected to contribute to the sick leave pool, and a copy of the employee's election form. The Administrator will deliver a copy of the employee's request to the Payroll Officer who will adjust the employee's sick leave record. The Personnel Department is responsible for keeping the election forms for a period of four years. 8). Contribution of time to the sick leave pool cannot be designated for a particular use or for a particular employee. Use of the pool is based on the evaluation of the Administrator. 9). An employee absent on sick leave assigned from the County Sick Leave Pool is treated for all purposes as if the employee were absent on earned sick leave. 10). An employee is eligible to use time contributed to the county sick leave pool if, because of a catastrophic injury or illness, the employee has exhausted all the accrued paid leave and compensatory time to which the employee is otherwise entitled, has enrolled in thesick leave pool and transferred at least one day of accrued sick leave time to the sick leave pool during the fiscal year. (157.075(a)(1)(2) amended 2001). 11). An employee must have enrolled in the sick leave pool and transferred at least one day of accrued sick leave time to the sick leave pool during the fiscal year to be eligible to receive leave time from the Pool. (157.073 (a)(1)(2) amended 2001). 12). An eligible employee may not use time in the County Sick Leave Pool in an amount that exceeds the lesser of one-third (1/3) of the total amount of time in the County Sick Leave Pool or ninety (90) days. The amount of time that an eligible employee will be granted is to be established by the Administrator. 13). All requests for benefits from the County Sick Leave Pool must be in writing and delivered to the Administrator. To apply for use of time from the County Sick Leave Pool an eligible so L'. ~(p ~ aa~ • employee must complete a Request For Pool Leave Form and submit it to the Administrator along with a copy of the Certificate of Illness/Injury. The Certificate of Illness/Injury must be completed by both the employee and the attending physician. 14). The Administrator and/or Advisory Board will review each request on an individual basis to determine whether the condition is appropriate to be considered catastrophic and eligible to receive a grant of sick leave from the County Sick Leave Pool. An employee is eligible to use time contributed to the County Sick Leave Pool if the Administrator determines that an employee is "eligible" under the definition of "catastrophic injury or illness". (157.075 LGC, VTCS). 15). The Administrator may require the requesting employee to provide additional information or documentation to determine whether to approve a request for use of time from the County Sick Leave Pool. The Administrator will respond to each request as promptly as possible. Normally approval, denial, or requirements for additional information will take place within three (3) days. is 16). An eligible employee must apply to the Administrator for permission to use time in the County Sick Leave Pool. If the Administrator determines that the employee is eligible, the Administrator shall approve the transfer of time from the County Sick Leave Pool to the employee. The Administrator shall have the time credited to the employee, and the employee may use the time in the same manner as sick leave earned by the employee in the course of employment. (157.075(b) LGC, VTCS). 17. All unused sick leave granted and not used will be returned to the County Sick Leave Pool. It will not accrue to the benefit of the employee receiving the granted benefit. 18). The estate of a deceased employee is not entitled to payment for unused sick leave acquired by that employee from the County Sick Leave Pool. Should an employee die and there is outstanding sick leave pool benefits for the employee, these benefit days will be returned to the sick leave pool immediately (157.075 (e), LGC, VTCS) 19). Time may not be granted from the County Sick Leave Pool to be used in conjunction with Workers' Compensation leave time. • 20). All applications and supporting documents shall be retained by the Administrator and held to be confidential. Only those with a "need to know" will be allowed access to the documents and any supporting data developed by the Administrator. All requests for examination must be made through the Commissioners Court. It is the Commissioners Court intention for this policy and procedure to create a benefit for the employees of Brazos County that is funded through contributions of sick leave time made by fellow employees. The contributions of sick leave time are intended to be used to assist those in need due to a catastrophic illness or injury that requires them to be away from their normal place of work for an extended period of time. 4 0 Section IV - FORMS Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 EMPLOYEE REQUEST TO CONTRIBUTE TO COUNTY SICK LEAVE POOL EMPLOYEE REQUEST TO WITHDRAW TIME FROM THE COUNTY SICK LEAVE POOL CERTIFICATION OF ILLNESSANJURY APPROVAL OF TRANSFER OF TIME FROM THE COUNTY SICK LEAVE POOL Effective date of this Sick Leave Pool Policy Amendment is October 23, 2001. - : 2 C -'z-' Alvin . Jones, County J ge To Jones, ssioner, Pct 1 Commissioner, Pct 3 Bill Thornton, Commissioner, Pct 2 C ey Caule ,Jr, Commissi e , Pct 4 5 • EMPLOYEE REQUEST TO CONTRIBUTE TO COUNTY SICK LEAVE POOL INSTRUCTIONS: An employee must complete this form to contribute sick leave time to the County Sick Leave Pool. Form to be submitted in triplicate to the Personnel Department and a copy to your supervisor or Department Head. Records of contributions must be retained for four years. I, (Employee wish to contribute the following amount of my accrued sick leave time to the Brazos County Sick Leave Pool to be used to benefit eligible employees who are unable to work due to a catastrophic illness or injury. I understand that I may contribute a maximum of three (3) days sick leave time per fiscal year. • I have read and understand the Brazos County Sick Leave Pool Policy and agree to comply with the established policy. Employee Name (Print or type) Department Social Security No. PLEASE CHECK ONE CONTRIBUTION AMOUNT: _1 day _2 days _3 days 10 days Employee Signature Date Department Head Signature Date • I have reviewed the sick leave record of the above employee and confirm that the employee has accrued sufficient sick leave time to fulfill the requested transfer of sick leave time to the County Sick Leave Pool. Personnel Department Date APPROVED: Administrator Date is EMPLOYEE REQUEST FOR WITHDRAWAL FROM COUNTY SICK LEAVE POOL This form is to make application for the use of paid leave from the Brazos County Sick Leave Pool. Please submit in triplicate to the Personnel Department and a copy to your supervisor or Department Head. EMPLOYEE NAME: HOME ADDRESS: _ (street, P 0. Box, rural route) (city) (state) (zip code) TELEPHONE (Home) ( ) I am requesting withdrawal of sick leave days from the Brazos County Sick Leave Pool for the following reason: Number of sick leave days requested (Applicant must attach a copy of physician's statement; nature of injury or illness must be documented; anticipated length of illness or disability should be supported) Number of sick leave days contributed to the Sick Leave Pool during this fiscal year IT IS UNDERSTOOD BY THE PARTY MAKING THIS REQUEST THAT THE ADMINISTRATOR RESERVES THE RIGHT TO REQUEST ADDITIONAL INFORMATION OR TO CONFIRM INFORMATION PROVIDED. Requesting Employee Signature Date Department Head Signature Date The above application has been approved/denied for leave account. Administrator Signature EMPLOYEE days to be transferred to the applicant's sick Date ~PQ _ alto . • • • CERTIFICATION OF ILLNESSANJURY TO BE COMPLETED BY EMPLOYEE Department Social Security No. Employee/Patient Name (Print or Type) I hereby authorize the Physician or other license Practitioner to provide Brazos County with medical information about the above named employee. Employee/Patient Signature Date 1 V 15b UUMrL+ 1TJD BY Al-JUEND1NG PHYSICIAN OR OTHER LICENSED PRACTITIONER Date of onset of illness or injuryDate on which employee was first unable to work due to this illness/injury If surgery was required, give date Describe illness/injury (describe surgical procedure, if applicable): Prognosis: Date employee should be able to return to regular duties: Restrictions (if any): Attending Physician/Licensed Practitioner Telephone Number Address: Street, City, State, Zip Physician/Licensed Practitioner Signature Date THIS FORM MUST ACCOMPANY THE APPLICATION FOR REQUEST FOR TIME FROM 8 Nook 40 THE COUNTY SICK LEAVE POOL APPROVAL OF TRANSFER OF SICK LEAVE FROM COUNTY SICK LEAVE POOL TO: Brazos County Payroll Officer FROM: , Administrator, County Sick Leave Pool DATE: You are authorized to transfer days from the County Sick Leave Pool to the sick leave balance of Administrator Signature Date 10.22.01 A:Sick Leave/Sick Leave Pol. And 9 BUILDING LEASE 1SEEHRW THIS LEASE AGREEMENT is entered into this 1st _ day of October, 2001 by and between LUCILLE VARISCO AND ESTATE OF I ZOS A. VARISCO ("Lessor") and BRAZOS COUNTY and the BRAZOS COUNTY JUVENILE SER' T'S DEER'f ("Lessee"). RITNESSETH: U 1. PREMISES. For and in consideration of • rental to be paid and the covenants to be performed by Lessee hereunder, Lessor •eby leases, demises and lets to Lessee the Premises known as Old City National mar )uilding situated at 301 North Main Street , Bryan, Brazos Cour , Texas, being space commonly known as-Apvrox4mately 6,676 square_feet_of_buildine ce at 301 North Main Street. (the "Premises") upon the following terms and conditi• 2. THEM. Unless terminated as provided herein, its Lease shall be for a term of One (1) Year "Prima" Lease Commencing on ober 1. 2001 , and ending on September 30. 2002 , unless earlier t Anated, and upon and subject to the covenants, agreements, terms, provisions, and lir ations hereinafter set forth, all of which the Lessee and Lessor covenant and agree perform and observe. 3. RENTAL. Lessee shall pay to Lessor at tbei Bryan, Texas, as rental during the Primary Term ( terminated pursuant to the terms hereof, the total su Sixteen Thousand Jyo Hundred and no/100 payable in equal installments of S 1.350.00 per mo of each month during the term of this Lease beginning ffice at 219 North Main St., this Lease, unless earlier f S16.200.0Q Dollars in advance on the first day October 1. 2001 u 4. ADVANCE DEPOSIT. Lessee shall, on execution • this Lease, pay to Lessor the sum of N/A , receipt of whi• is hereby acknowledged as an advance deposit. This advance deposit will be refunder i the expiration of the Lease provided that the premises are left in as good or bette• ondition when leased and any and all damage is repaired to the satisfaction of the ners. 5. USE and TITLE. Lessee shall have the right purpose of operating the Academy for the Rehabilitation Lessee shall promptly comply with all regulations, c legally constituted authorities applicable to the use Lessor warrants and represents to Lessee that Less authority to enter into this Lease. Lessor makes no war Lease under applicable governmental regulations for hereunder. Lessee shall have and hold quiet and peat( premises during the entire Lease term so long as Less( Lessee shall comply with all statutes, ordinances and state and federal authorities now in force, or whi, pertaining to the Premises, occasioned by or affects including but not necessarily limited to the use, storaE classified as hazardous, toxic, flammable or otherwise Lessee further agrees to comply with all statutes, - governing the use, storage and/or disposal of such ) environmentally dangerous materials as promulgated authorities. use the Premises for the d Motivation of Youth (ARMY). trs, ordinances and laws of d occupancy of the Premises. has full right and lawful ity as to the validity of the he use intended by Lessee le use and possession of the is not in default hereunder. Iuirements of all municipal, may hereafter be enforced, the use thereof by Lessee, and/or disposal of materials ingerous to the environment. inances, and/or regulations irdous, toxic, flammable or federal, state or local 6. MAINTENANCE and fiEPAIRS, Lessee agrees, ai is own expense, to fully maintain the Premises and appurtenances thereto in good pair, and in at least as good condition as that in which they were delivered. Lessor II not be required to perform repairs or any maintenance whatsoever. No alteratio may be made without first obtaining Lessor's written consent thereto. 7. UTILITIES. Lessee further agrees to furnish, ile occupying such premises, all utilities (water, lights, air conditioning and her and janitorial services and any other maintenance required. w 0 8. COVOANT AGAINST LIENS. If, because of any act or omission of Lessee, any mechanic's lien or other lien, charge or order for the payment of money shall be filed against Lessor or against the Premises or any portion thereof, Lessee shall, at its own cost and expense, cause the same to be discharged of record or bonded within thirty (30) days after written notice from Lessor to Lessee of the filing thereof; and Lessee shall indemnify and hold harmless Lessor against and from all costs, liabilities, suits, penalties, claims and demands resulting therefrom, including reasonable fees of Lessor's attorneys. 9. FIXTURES. Lessee may, at its own cost and expense, install equipment, furniture and trade fixtures on the Leased Premises at any time and from time to time during the term of this Lease. All such equipment, furniture and trade fixtures shall remain the property of Lessee and may be removed by Lessee, at its own cost and expense, at any time before the termination of this Lease. Any personal property of Lessee affixed to the Premises in such a manner that their removal will substantially damage the Premises shall become a part of the Premises and be the property of Lessor unless Lessee repairs the damages caused by such removal. . 10. TAXES. Lessor covenants and agrees to pay all ad valorem taxes which accrue against the Premises during the Term of this Lease. Lessee shall be liable for all taxes levied or assessed against any personal property or fixtures placed in the Premises during the term of this Lease. If any such taxes are levied or assessed against Lessor or Lessor's property and (i) Lessor pays the same or if (ii) the assessed value of Lessor's property is increased by inclusion of such personal property and fixtures and Lessor pays the 'increased taxes, then, upon demand Lessee shall pay i ~ to Lessor the amount of such taxes. 11. INSURANCE. All insurance required to be maintained under the provisions of this Lease shall be written by insurer(s) authorised to write insurance in the State of Texas. Such insurance may be maintained under blanket policies covering other buildings and contents operated by Lessee. 12. LIABILITY INSURANCE. At all times during the Lease term, Lessee shall maintain in force and effect, at its own cost and expense, a policy or policies of liability insurance for the protection, indemnification and defense of Lessee (with Lessor named as an additional insured) against claims, demands and cause of action arising out of or in connection with the use, maintenance, operation and occupancy of the Premises, which policy or policies shall have limits of not less than: $500,000 for injuries (including death) to one person, $1,000,000 for injuries (including death) to more than one person in one accident, and $1,000,000 for damages to property in one accident. Upon written request of Lessor, Lessee shall cause the insurer(s) to furnish to Lessor certificate(s) evidencing the insurance required to be maintained hereunder and stating that no policy change or cancellation will be made without giving ten (10) days' notice to Lessor or Lessor's designee. 13. SUBROGATION. Lessor and Lessee, and all parties claiming under them, hereby mutually release and discharge each other from all claims and liabilities arising from or caused by any hazard covered by insurance on the Premises, or covered by insurance in connection with property on or activities conducted on the Premises, regardless of the cause of the damage or loss. With respect to all such insurance which does not cover both Lessor and Lessee as the named insured, Lessor and Lessee agree to take promptly such action as may be required by their respective insurers so that all rights of subrogation against Lessor or Lessee under such insurance will be effectively waived i~ by such insurers. 14. INDEMAITY. Lessee agrees to indemnify and save Lessor harmless from and against all claims for or on account of damages to property or injuries (including death) to persons arising out of Lessee's use and occupancy of the Premises. Lessor shall not be liable to Lessee or any third party for any damage or injury (including death) to persons or property resulting from (a) the negligence of anyone other than Lessor, or the agents, servants or employees of Lessor, or (b) any unknown defect in the Premises or the improvements thereon, whether such defect be the result of improper construction, lack of maintenance or repair, improper maintenance or repair or (c) the breach of any condition, covenant or obligation of Lessee pursuant to the terms of the Lease arising or occurring after Lessee takes possession of the Premises. 15. DEFAULT BY LESSOR. In the event Lessor should default in the performance of any covenant or condition of this agreement and such default is not cured or action to cure such default is not initiated and diligently pursued to effect a cure within ten (10) days after service or written notice of default upon Lessor, Lessee shall have the right and option to terminate this Lease. OL,2 ( - m'~ :3 O • 15.1 DEFAULT BY SKI, In the event (a) Lesser deemed in receivership, or take advantage of any law (b) if Lessee should default in the performance of an agreement ( including the payment of any rental insta default is not cured or removed within ten (10) days of default upon Lessee, then, in any such events, L. option to terminate this Lease, to re-enter the Premise Lessee's possessions, all without being deemed guilt prejudice to any claim by Lessor for damages for brear rent. -all be declared bankrupt, be r the relief of debtors, or ovenant or condition of this ent due hereunder ) and such er service or written notice ~r shall have the right and to evict Lessee and to remove f any trespass, and without f covenant or for arrears of 16. HOLDING OVER. In the event Lessee, or vone claiming under Lessee, continues to occupy the Premises after the last day of a Lease term, and the Lessor elects to accept rental thereafter, a tenancy from mor to month shall be created at one and one half times the last monthly rental ratr id upon the other terms and conditions existing on the last day of the Lease term herein provided. 17. RNFORCEMM. In the event either party rep a to judicial proceedings to enforce any right under this Lease or to obtain relief )m the breach of any covenant hereof, the party ultimately prevailing in such prr dings shall be entitled to recover from the defaulting party the costs of such pr edings, including reasonable attorney's fees. 18. NOTICES. Any notice required or permitted be delivered hereunder shall be deemed to be delivered (i.) whether or not actually ,eived, three (3) days after • being deposited in the United States Mail, postage pi id, certified or registered mail, return receipt requested, or (ii) when recei if delivered personally, addressed to Lessor or Lessee, as the case may be, at address set forth herein or at such other address as such party may hereafter de nate by notice to the other party. 19. ASSIGNMENT and ¢UBLMINO. Lessee shall hav right to assign this Lease, any interest in the Lease, nor to sublet any part of a Premises, or any right or privilege pertinent to the Lease or the Premises witho the express, written consent of Lessor. 20. EXECUTION. This agreement is executed in m iple originals as of the day and year first written above and shall be binding upon shall insure to the benefit of the parties hereto and their respective heirs, cessors, assigns and legal representatives. The paragraph captions used herein ar )r convenience only and shall not be deemed to have been included for any other pur! 21. ENCUMBRANCE. TRANSFER and ATTORNMENT. Less, hall not mortgage, pledge or otherwise encumber its interest in this Lease or in t premises except as provided herein. In the event of the transfer and assignment bN saor of its interest in this Lease to a person expressly assuming Lessor's oblige is under this Lease, Lessor shall thereby be released from any further obligations eunder, and Lessee agrees to look solely to such successor in interest of the or for performance of such obligation. 22. SUCCESSORS IN INTEREST. The covenants hi •n contained shall, without altering the prohibition against assignment and sublet g by Lessee without Lessor's prior consent set forth herein, apply to and bind the -irs, successors, executors, • administrators, and assigns of all the parties hereto id all of the parties hereto shall be jointly and severally liable hereunder. 23. OPTION TO RENEW. Provided Lessee has not aulted in any of the terms, conditions, and provisions hereof, Lessee shall ha- the right of renewing and extending the term hereof for an additional period of _ N!A year(s) beginning on the expiration date of the primary terms of tb lease and upon the terms, conditions, and rental payment as agreed to by both par' -i. In order to exercise this option, Lessee shall give to Lessor notice in writing t the last known address of Lessor, not less than sixty (60) days prior to the exT ttion of the primary term. 24. NUISANCE. Lessee covenants that Lessee sha iot suffer, permit, or allow the existence of any circumstances that constitute % nuisance or unreasonably interferes with the safety, comfort or enjoyment of V (remises, or any property in close proximity to the Premises owned by other memberr ' the general public. -3- - ~3 ! . • 25. LATH PAYMENT CHARGES. For a late payment of rent, after a ten (10) day grace period from the date due, Lessee will be charged a late fee of up to ten per- cent (10X) of the monthly rent. 26. WAIVER. Lessor agrees to waive all prejudgment liens and lien rights. 27. TIME, Time is of the essence of this Lease. 28. IN WITNESS WHEREOF, The said Lessor has hereunto set his, or its, hand and the said Lessee has hereunto set his, or its, hand the day and year first above written. LESSOR: LUCILLE VARISCO AND ESTATE OF BRAZOS A, ARISM SY: Q'ttG/ 1 Cosmo F. Guido, General Manager ADDRESS: 219 North Main St. 7th Floor Bryan, Texas 77803 DATE: l/- 06-01 LESSEE: HPAZOS COUNTY JUVENILE SERVICES DEPARTMENT BY: C41 Alvin C Jones, unt'y Judge TITLE: County Judge - Brazos County HOME ADDRESS: 300 East 26th St.. Ste. 114 Bryan. Texas 77803 DATE: /D . 23 -~f -4- OACC • STATE AND MUNICIPAL LEASE - PURCHASE AGREEMENT ("LEASE" 10111 1. LESSEE Brazos County Juvenile Services 2A. VENDOR Guardian Security Service 2B. LESSOR Corporate Leasing Services 2C-ASSIGNEE Lubbock National Bank ADDRESS P.O. Box 6100 Lubbock, TX 79493 3 'THE EQUIPMENT' (list on separate schedule, 11 needed): PRINCIPAL AND INTEREST PAYMENT 186.64 DESCRIPTION Security Equipment of the following description: 1 - 012000 Ranger Intelliscan 12000 4. COVENANTS: LESSEE represents, covenants and warrants that (a) it Is a pudic body corporate and poG6o, (b) it Is a '=-exempt Issuer within the meaning of the Internal Revenue Code, (c) It Is authorized by all applicable laws to make, and perform under, this Lease, (d) The Equipment Is essentially needed for its proper, efficient and economic operation, (e) At the time of makng the I ease, sufficient funds were appropriated to fuN the obligations of the current fiscal year, and (Q Lessee has not previously terminated a lease for non-appropriation except as specifically described in a letter appended hereto. 5. PAYMENTS: H payments of 1116,64 due monthly are required. The fast payment w0 be due on the Acceptance Date shown on page 2, unless otherwise agreed noted and Inhaled by ESSOR and LESSEE in the Acceptance Certificate. Subsequent payments will be due on }tn a 1) C &W r fYd Iti r,hhhk41I payments will be mete, sub oct only to non-appropratbn as described in Section 7, below. 8. PURCHASE OPTION: After maldng all of the payments, LESSEE may purchase the equipment for $1.00. 7. NOWAPPROPRIATION: If LESSEE Is not allotted funds for the next Fiscal Period to continue the payments under this Agreement, and has no funds for • the purchase, lease or rental of Equipment or services to perform functions stroar to those performed by the EQUIPMENT, and has no funds from other sources, LESSEE may temdrule this lease at the end of the then current Fiscal Period, by giving ngxmty (90) days' written notice to LESSOR, and enclosing therewith a sworn statement by the Head of the LESSEE that the foregoing conditions exist. In this sole event, LESSEE shall not be obligated to make payments beyond the end of the them current Fiscal Year. Upon the ow hence of this event, LESSEE agrees, if requested, to provide LESSOR with an opinion of Its counsel relating to the circumstances of non-appropriation. Upon the occurrence of this event, LESSEE shall, at Its sole expense, both restore the Equipment to Its original condition, allowing for reasonable wear and tear, mid, etun Ito the LESSOR, or to a piece designated by the LESSOR 8. PAYMENTS UNCONDITIONAL LESSEE HAS EXAMINED, TESTED AND ACCEPTED THE EQUIPMENT COVERED BY THIS LEASE. AS LONG AS FUNDS HAVE BEEN LEGALLY APPROPRIATED, IT WILL NOT FAIL TO MAKE AGREED PAYMENTS, REGARDLESS OF LOSS, DAMAGE, DESTRUCTION, MALFUNCTION OR DISREPAIR OF THE EQUIPMENT, OR DISPUTE WITH THE VENDOR FOR ANY OTHER REASON. 9. DISCLAIMER OF WARRANTIES: THERE ARE NO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANT-ABILITY. LESSOR, OR ANY SUCCESSOR ASSIGNEE SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES. 10 OTHER GENERAL TERMS AND CONDITIONS: See page 2. 11 SIGNATURES: Each signer warrants that heMhe has full power and authority to bind LESSOR and LESSEE, respectively. LESSEE: Brazos County Juvenile Services / Signature:X . V~+.•../ Tile: County Judge Al Jones Date of this Lease : Z60 LESSOR: Corporate Leasing Services Signature: Title : President 1 ox SIGNER: THESE ARE SOME OF THE IMPORTANT STATEMENTS INCLUDED IN THIS AGREEMENT • ' THE LESSEE IS A GOVERNMENTAL ENTITY, AND HAS AN ESSENTIAL, CONTINUING NEED FOR THE EQUIPMENT .YOU ARE AUTHORIZED TO BIND THE LESSEE, AND YOU ARE NOT RELYING ON ANY REPRESENTATIONS, OR PROMISES, MADE TO YOU WHICH ARE NOT STATED IN THIS WRITTEN AGREEMENT YOU ARE AWARE OF THE NON-APPROPRIATION CANCELLATION PRIVILEGE, AND UNDERSTAND THAT IT IS A "LAST - RESORT" PROTECTIVE PROVISION, WHICH YOU DO NOT NOW INTEND OR FORESEE WILL BE USED, AND YOU HAVE NOT PREVIOUSLY USED IT TO END AN AGREEMENT, UNLESS SPECIFICALLY DISCLOSED TO US IN WRITING • YOU UNDERSTAND THAT, EXCEPT FOR NON-APPROPRIATION, THE OBLIGATION TO MAKE PAYMENTS IS UNCONDITIONAL. • IN THE EVENT OF A DISPUTE WITH THE VENDOR, FOR ANY REASON, YOU WILL HAVE NO RIGHT TO WITHHOLD, OR DELAY, ANY PAYMENTS. Page 1 of 2 C7 GENERAL TERMS AND CONDITIONS a)TITLE: Title to the Egdpmerd shad at aii titres be and remain In (strike out one): LESSOR, until LESSEE has made all scheduled payments or exercised its eager option to purchase. CZ) LESSEE, subject to the ssourlty, bInterest of LESSOR. LESSEE agrees to affix to the Equipment a tag, C provided by LESSOR, statbg LESSORS interest in the Equipment. (b)REPAIRS: LESSEE. at As sole expense, shall maintain the Equipment In good operatiting condition and state or repair. The payments specified herein do not include maintenance or repair services, or repair or replacement parts for the Equipment, unless separately stated. (c)TAXES: In addition to payment specified herein. LESSEE shag promptly pay all tses, asseaements and other governmental charges (including peralles. Interest. recording and registration fees, If aryl) levied or assessed: (1) upon On LESSEES Irderest In, or use or operation of. or earnings arising from, the Equipment; and (2) against LESSOR, on arnt or its ownership. use or operation, I,: Irhp to the LESSEE, of the Equipnatd, or most pl of payments or earnings from 14 serloava, however, of taxes based on net Income of LESSOR. LESSEE actshowledges that Its compliance wlth the reporting requirements of the Internal Revenue Code Is essential to the exemption from Federal inane tax of the Interest portion of payments made by LESSEE hersu der. Accordingly. LESSEE agrees that Its failure to comply with those requirements shag constitute a material default hereunder which, in addition to any other remedies provided in paragraph M. below, shall entftle LESSOR and any of Its assignee(s) to be Indemnified and held harmless of LESSEE for all costs, liabilities. damages, expenses, taxes and penalties ptatrdng Federal Income tax penalties and Interest ) incurred as a result of such failure, which amount LESSEE agrees to pay upon written demand therefor. (ONSPECTION : LESSOR shall have the right to ender the promisee wham the Equipment Is located, at all reasonable limes, to Inspect the Equipment and otherwise determine LESSEE'S compliance with the tem s of this Lease. (s)ALTERATIONS : LESSEE shall make no alterations or after any attachments to the Equipment without the prior written consent of LESSOR. (f)THIRD - PARTY WARY. LESSOR shall not be liable for injury to any person or damage to property resulting directly or Indirectly from the operation or use of the Equipment LESSEE shag Indemnify and am LESSOR and Its assignee(s) harmless from and against any lass, damage, liability or expermes(iniuding attorneys' fees) claimed with rasped to injury to any person or damage to properly raw" directly or indirectly from Me operation or use of the Equipment. (g)NON-ASSIGN ABILITY BY LESSEE :This Lease Is personal to LESSEE. LESSEE shag not assign, subaeaw. transfer or otherwise encumber Its rights in and to this Lease or the Equipment wCiwul the prior written consent of the LESSOR. (h)RISX OF LOSS : LESSEE stag have the risk of low, damage or destruction of the Equipment during the term of the Lease In such event, LESSEE shag either .(1) restore the equoriexd to good repair, condition and worldng order, in which event this Lease shall remain In fug force and effect without abdement of payments; or (2) pay to LESSOR an amount equal to the pay oil amount (plus Interest at 12% per arum) Immediately prior to the loss, damage or on, In event this Lease shell tannhate as to the equipment for which such payment is made at the time such payment Is made. 3p ( )DEFAULT: M the event of default by LESSEE. In the payment of any awn due under this Lease within ten days after they are due, or receivership, Ineo or against LESSEE wrier nre bankruptcy laves. or LESSEE-3 failure to observe or perform any other required provislon of this Leese, and such default continues (or fifteen (15) ds i after written notice thereof, by LESSOR, to LESSEE, LESSOR shag have the right to azerchis any one or more of the kdowi g ramedlew (1) to declare all sums due and to become dx e hereunder, during the LESSEE'S current fiscal period, (mmedhley due and payable, wvlthout notice or demand to LESSEE; (2) to sue for and mower all payments then accrued or thereafter scenting with rasped to the Equipment; (3) to tela pexseaeton or the Equipment without demand or notice wherever it may be located, with or without legal process, and retain It free from any claims of LESSEE Wo soevx' (4) to terminate this Lease; or (5) to pursue any other remedy at law or to equity. Notwithstanding any repossession or any other action which LESSOR may talcs, LESSEE dal be and remain Gable for the fufi performance of all or its obligations under this Loam unless LESSOR elects, at Its option, to eel or release any of the repossessed Equlprnerd to a third party. M which event the net proceeds of such sale or lease, toss LESSOR'S expenses incurred in connection therewith, Including attorneys' fees, shall be applied to the kM arnormt dire by LESSEE under this Leese and LESSEE shall be obligated to pay LESSOR any deficiency. All of the foregoing remedies are cumufdva and may be sxerdsed casxrrranty or separetely. LESSEE shat pay all c, q and legal apenses Incurred by LESSOR in collecting. or attempting to collect, any sums due hereunder or in securing posseaaIon of tha Equipment. LESSEE consents to all personal jurisdiction to the touts of the State or Taxes with rasped to any dispute wising out of this Lease. @ASSIGNMENT BY LESSOR: This Lease, the Equipment and ary payments by LESSEE due or to become due under 1, may be assigned or otherwise transferred, ether In whole or In part, by LESSOR and its assignee, without affecting any obligdiors of LESSEE, and In such event LESSOR'S transferee or assignee steel have all the rights, powers, privileges; end remedies of LESSOR hereunder to the extent of such transfer or asslipur ant. Any assignee's right shell be free from all defenses, setoffs or counterclaims which LESSEE may be emlled to eased against LESSOR. No assignee shall be obligated to perform any duty or conddion required to be performed by LESSOR under the terms of this Lease (10DETERM INATION OF PAYMENT AMOUNT : LESSOR and LESSEE hereby acknowledge that the amount of the periodic payments under this Lease have been established by negotiation between LESSEE and Venda, and have been agreed to by them. Such amount contemplates the addition to the equipment cost of compensation for the securing of third-party funding of this Lease. LESSOR and LESSEE agree that the rate of, atun to the LESSOR, or a successor assignee. p)ADMNISTRATiVE SUPPORT : LESSEE may, from time to firm, be required to file, or assist in the filing of, reports to regulatory and / or taxing authorities, which Any be necessary to establish, period or maintain the bp&y and / or taxex ampt atetua of this Lease. or to exacuts documents needed for LESSOR'S financing. LESSEE promises to promptly make such filings or to render such assistance n may, from time to Lion, be reasonably requested by LESSOR or fie Assigns, and to Indemnify and hold harmless LESSOR or its assigns from any cost, exgxense or other damage caused by it failure to do so. LESSEE hereby further adhartaes LESSOR to file UCC-1 financing statements without LESSEE'S signebue, and to fill In dates and other obvious minor corrections on this Agreement. (m)SEVER ABILITY : Any term orprovlalon of this Lease found to be prohibited by haw or unenforceable shelf be Inert ictlve to the extent of such prohibition unenforceablgty, without. to the extent reasonable possible, Invalidating the mmainderof Mda Lease. (n)ENTIRE AGREEMENT : This Lane consillutes the entire agreement between the parties regarding the Equipmen, and there are no represerdatlons warranties, promises, guaranlees or agreements, oral or written, expressed or Implied, between the putts herato with respect to fhb i caw. No modification or amendment haradf shop be binding pon the rElofficer or agent. or a sc heduled payrrad ff sill or any part of the payment is nd paid within days l fue ge a destr ction orthe equipment In an amer. as to LESSOR and its assigns shall not be Invalidated by any ad, omission or neglect of LESSEE. and/or to aelsy LESSEE'S obligations hereunder. At LESSORS request, LESSEE shall furnish st ag have the rigid, but shag not be obligated, to effect such Insurance, In that event, LESSEE y td LESSOR the oust thereof vvfilx Mxe mead payrnent of rent. INSURANCE AUTHORIZATION LESSEE will obtain a binder or endorsement for Comprehensive General Liability wWkr ail-risk physical loss insurance, owering equipment specified herein. The amounts of a1-risk physical loss insurance must be maintained at a level of lease equal value to the original cost d the equipment. Lowes to be paid an replacement basis. Naming 'Corporate Leasing Servbes' assor as dfLass, Payee as he Interest may appear. By LESSEE : Brazos County Juvenile Services At Jones ACCEPTANCE CERTIFICATE The EQUIPMENT was speelled and selected by us. We have received If In good order and eondMion, and it Is acceptable to us. We approve payment by you to the VENDOR. and hereby certify that the VENDOR has fully and satisfactorily performed all of he obligations under the Lease. This will advise you that we have carefuly read the Lease, and are fully aware of our obligations under ft. WE AGREE TO ENFORCE, W OUR OWN NAME, ALL WARRANTIES OR REPRESENTATIONS WHICH THE VENDOR HAS MADE TO US LESSEE: Brazo County Juvenile Services By .x Title: County Judge Acceptance Date : f .110 • Z3 -10 l Al Jck7o -7- ASSIGNMENT OF LEASE For value received, LESSOR hereby sells, assigns and transfare to assignee In kern 2C. all of its right, title and interest In and to the Lease, including title to the equipment, all payments due, any and all insurance policies, and all proceeds of any of the foregoing. LESSOR warrants that the Lease Is genuine and In all respects what 1 purports to be, that LESSOR'S Interest Is free from liens or encumbrances; and, that to the best of LESSOR'S Imowledge, the Lease has been executed by an individual acting with fug authority to do so. LESSOR is nol hereby relieved ofof 1s obligati tt[E7lnder the Lease. LESSOR: Corporate Le In ea By: Title, President Pate: 11/01/01 Steve Cox page 2 of 2 L' 4 UCC FINANCING STATEMENT FDUC W 1mmw0ammq ad CMe NAW A PHOM OF CONTACT Ill FRERF0 DAC*KWLW0MM7TO- "n IwWMdlto Lubbock National Bank P.O. Box 6900 Lubbock, Tx. 79493 I L 1. DESTORS EYACT F1R1 L 83AL NUM -...A gld~{1~x7101fdNAY! Brazos County Juvenile SerAces • 1904 West Highway 21 Id T" 15 Bryan Tx 77803 OR *6 Wl1ICAbe"= WATT I NW&O= WOW 2L IM C & =40601W IWM WM W. I y WWW 011sAlmalo emum k1A16010U0M na ]a YKTIONAL od, r. W = &SECIRtEDPAKTY-9HMK fMWldTOTALNe1dJ v1AirJ01R711pF-~.t~l ed rr Lubbock National Bank aR rummal LAST MAW Lamm adHU S.LititJtlOAflORERS pDawr eae -WT P.O. Box 6100 Lubbock TX 79493 A.TN&PK 'iIO6TA=2NWT=-*.' ara~.r. Security Equipment of the faf ovdng deseripticr.: 1 - #12000 Ranger Intelliscan 1200 C~ 10111 PLAN OFF= OWY-K4TId "UMFINAWHOSTMWENT(POWW.61)#&VAV2011t1) Oflo~dh~6rcnmrydamrdTwm~lfflrFa6o (.q ~Aqga a &S IV CERTIFICATION OF AUTHORITY TO SIGN STATE & MUNICIPAL LEASE BETWEEN Corporate Leasing Services, LESSOR AND Brazos County Juvenile Services, LESSEE FOR Lease # 10111 ( "THE LEASE") The undersigned hereby certifies that he/she has signed the Lease; that he/she had, and continues to have, full power and authority to do so, and that he/she has followed all required administrative procedures and has compiled with all legal or other provisions necessary to ensure that the Lease is a legal and binding obligation of the Lessee. Date of this certification /y z3 :0 LEASE SIGNER SIGNATURE NAME: Al Jones TITLE: County Judge ATTESTING OFFICI L SIGNATURE NAME: 64e-tj MC.QVEEAI TITLE: [,oJNn~ C'Irm 0'' TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION Lessee Information Brazos County Juvenile Services 1904 West Highway 21 Bryan,TX 77803 1, the Purchaser named above, claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice form: Seller: Corporate Leasing Services P.O. Box 6998 Lubbock, TX 79493 Description of items to be purchased or on the attached order or invoice: • Security equipment Purchaser claims this exemption for the following reason: Government 1 understand that I will be liable for payment of sales or use taxes which tray become due for failure to comply with the provisions of the Tax Code: Limited Sales, Excise, and Use Tax Act, Municipal Sales and Use Tax Act; Sales and Use Taxes for Special Purpose Taxing Authorities; County Sales and Use Tax Act; County Health Services Sales and use Tax; The Texas Health and Safety Code; Special Provisions Relating to Hospital Districts, Emergency Services Districts, and Emergency Services Districts in counties with a population of 125,000 or less • 1 understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that I know, at the time of purchase, will be used in a manner other than that expressed in this certificate and, depending on the amount of tax evaded, the offense may range from a Class C misdemeanor to a felony of the second degree. JWR"Date: / p ~,D 1 Purchaser Title d-(~~#Ql :2-37 , THE STATE OF TEXAS County of BRAZOS DEPUTATION L E. Of the County of BRAZOS and State of Texas, having full confidence in WILLIAM J. CROSS of said County and Sta% do bereby, with the consent of the Honorable Commissioners' Court of BRAZOS County, nominate and appoint HIM I the said WILLIAM J. CROSS my true and lawful deputy, in my name, place and stead, to do and perform any and all acts and things pertaining to the office of said DEPUTY CONSTABLE of said County and State, hereby ratifying and confirming any and all such acts and things lawfully done in the premises by virture hereof. WrINBSS my hand, this 18TH day of 2IIat. 6z Of BRAZOS County, Texas THE STATE OF TEXAS County BRAZOS J BEFORE NNE, in and for RR A 7.nS County, Texas, on this day personally fired E. DUANE PETERS. CONSTAR.. PCT- 4 known to me to be the person whose name is subscribed to the foregoing deputation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. G1VFN under my hand and seal of office at BRYAN, TEXAS HOLLY Ikurelar• Notary Public. State of Texas MY Cornzsion Expires JANUARY 11, 2004 OATH OF OFFICE I, WILLIAM J. CROSS do solemnly swear (or affirm) that 1 will faithfully execute the duties of the office of DEPUTY CONSTABLE PCT. 4. BRAZOS COUNTY of the We of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States and of Us State; and I furthermore solemnly swear (or affirm) that I have not, directly nor indirectly. paid, offered or promised to pay, contributed nor promised to contribute, any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment, or the confirmation thereof. So help me God. Subscribed and swom to before me, this 24TH day of OCTOBER 2001. 110 2 c X38 - DUANE PETERS, CONSTABLE PCT. 4 • ORDER AUTHORIZING APPOINTMENT OF DEPUTY in Commissioners' Court of ARA70S County, Texas. Upon application duly presented, it is ordered by the Court that E. DUANE PETERS , CONSTABLE of BRAZOS County, Texas, be and he is hereby authorized to appoint and deputize WILLIAM J. CROSS as Deputy- said office. Said appointment to date frown the 24TH day of OCTOBER 2001 , and to continue in effect until revoked by said officer or be otherwise terminated, and the compensation to be paid said deputy is hereby fixed at the sum of N/A Dollars, per annum, payable solely from the fees of said office. • • Entered day of 0 a w A 19 . Recorded in Minute Book Page o f w F ~~mq a39 IKqN IceSolutlons 0 t~ O STX Brazos County Auditors ( Box 914 DRESS Bryan TX 7780 0914 CITYSTATE ZIP _ ONE NUMBER +er 979- iG (%nn8r CONTACT October 25,20M COVERAGE STARTING DATE METER READING S4,e [1~ T76rel m a m a a a a w 0 N O ~-1 PRICE NUM ER ]INCLUDED RATE NPC210S NPRO9342 $196.64 12000 $.0207 ♦ For 2nd year of serviee, Melntm=w AgremwM Pedod August 25, 2001 to August 24, 2002, • Rofer to Pachase Order Numb" 74274 a *iq on August 24, 2001. ♦ Please record meter reading on Avgmt 24, 2001 Mlc hael Petemlan IkonofteSduMs Representgthm Cusco r Aulhbrbmd re Tlge #M2052 - X07GF OM NI IKON Meg SoNtIm Au Stgnawm Date r 0 r lo- r r A a m m m N N w A M °x 0 0 a M e c N RFP 2002-006 FINANCING OF COUNTY VEHICLES Description Wells Fargo Bank First National Bank Ford Motor Credit Company Compass Bank First American Bank Funding Amount $497,900.00 Up to $600,000.00 $497,900.00 Not to exceed Up to $572,585.00 $400,000.00 Interest Rate '3.799% 4.00% 4.20% 5.70% 5.25% Annual Payment $177,879.47 due Monthly, Quarterly, $172,839.51 annual Two year payout Limited to $180,000. on Sept. 1, 2002 Semi, or Annually in advance after vehicles due 9115102 purchased Terms 3 years 2 to 3 years 3 years 2 years 3 years !o Z3 -P! • • • 0 BID TABULATION 2002-016 TRANSPORTATION OF DECEASED TO MEDICAL EXAMINER DESCRIPTION DANIEL & SON FUNERAL HOME 1 Staff & Professional Services $ 680.00 2 Loaded Mile $ 1.25 a Round trip to Bexar County Medical Examiner $ 520.00 b Round trip to Travis County Medical Examiner $ 420.00 3 Disaster Pouch (if needed) I s 100.00 RECOMMENDATION: DANIEL AND SON AWARD DATE: 23-Oct-01 /o -z3 r°1 BID TABULATION 2002.OISRB ASPHALT, OIL AND EMULSION 2001/2002 CONTRACT MATERIAL EST, GAL. AE-PRIME 200,000 CRS-2 30,000 SS-1 30,000 HFRS-2 200,000 HFRS-2P 61000 FREE TIME BIDDERS GAL. TOTAL GAL. TOTAL GAL. TOTAL GAL. TOTAL GAL. TOTAL DEMURRAGE BRIDGES ASPHALT 1.0660 213,200.00 .7165 21,495.00 .7165 21,495.00 .8760 175,200.00 1.1360 6,816.00 2 Hours $55lHour CLEVELAND ASPHALT 0.7550 151,000.00 0.5946 17,838.00 0.5946 17,838.00 0.5746 114,920.00 0.8992 5,395.20 2 hours $40/hour GULF STATES ASPHALT NIB 0.66 19,800.00 0.66 19,800.00 0.66 118,000.00 0.76 4,560.00 First 2 hours $40/hour KOCH MATERIALS 0.99 198,460.00 NB NB 0.8023 24,069.00 0.7823 156,460.00 0.9523 5,713.80 2 Hours $50/Hour PRIME MATERIALS 0.84 168,000.00 0.63 18,900.00 0.63 18,870.00 0.63 125,800.00 0.90 5,400.00 2 Hours $40/Hr lob q o f RECOMMENDATION: AE-PRIME Primary: Cleveland Asphalt Secondary: Prime Materials CRS-2 Primary: Cleveland Asphalt Secondary: Prime Materiels SS-1 Primary: Cleveland Asphalt Secondary: Prime Materials HFRS-2 Primary: Cleveland Asphalt Secondary., Prime Materials HFRS-2P Primary: Gulf States Asphalt Secondary: Cleveland Asphalt AWARD DATE: 40 i~ ..u I 1E ~i 7 0 0 0 0 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: October 23. 2001 ITEM: Request from Malcolm Pimie. Inc. to construct a road bore for water line installation in the right of way of Mumford Road approximately 537 ft from northwest of its intersection with Mikulin Road. Site is located in Precinct 4. SOURCE OF FUNDS: N/A PRESENTATION: A) No work will be permitted between front slope andlor back slope. B) All installations 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. C) 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. D) 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 fumished to the office of the Brazos County Engineer. E) 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 othbr State and Federal laws governing utility construction. II. ACTION REQUESTED OR ALTERNATIVES: SUBMIT I D BY: APPROVED BY: r~ Richard F. Vance, P.E. ommissi ner Carey Caul County Engineer Precinct 0001-099 Approved R( I Denied ❑ by Commissioners' Court Date: 147 - 7-3 d Alvin W. Jones, Coy Judge u REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT-OF-WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Malcolm Pirnie proposes to place a (type) See "A" within the right-of way of (road) Mumford In Brazos County, 'texas as follows: A. 16" Ductile Iron Pipe which conveys water The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that. 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights-of-way will be repaired to their original condition to the satisfaction of the County Engineer. C~ 3. Brazos County reserves the right to regyire 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 rlght-0f-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 lstday of November _ 2001 E Firm:_Malcnlm Pirni . In By: John J. Ivery, Jr. Titla: EIT Address- 1700 Nest Loop South, Ste 950 -Houston. Texas 77027 Phone: 713_R4n_isil APPPOVED BY COMMISSIONERS' COURT ON: ~.QC j y p . , Q Date /a - 23 -e.) ( O/,- 185 -A.1,p1e4 62 4~1; Alvin . Jones, Co-LKty Judge na,.oa swcmo VOL.- ,+s 0 Oct-16-01 11:12am From-WLCOLM PIRNIE 713 T-487 P.01/01 F-910 MALCDW IRN! FACSMME! TRANSMITTAL TO: Ray Crow LOCATION: Brazos County Road & Bridg~ Department FAX NO.: 979-775-0453 RE: Permit for construction in Rq.W. FROM: John J. Ivery, Jr. DATE: 10/16/2001 TIME: 12:10 PROJECT NUMBER: 3319010 NUMBER OF PAGES: rrnu ding rAix Aar) 2 RETURN ORIGINALS TO SENDER: Yes MESSAGE: Ray, Per your request, the cased crossing detail 316116 follows this coversheet and W entitled Encasement Detail With Spacers. The boring pits for the Mumford Road crossing will be located approximatel} 10 feet outside the Mumford Road edge of pavement. The centerline of Mumford Road at the props ged pipe crossing is at f STA 39+63. The centerline of Mikulin Road at the proposed pipe crossing is M STA 45+00. If you require any additional information please do not hesitate to call (713-960-7438). 1 John J. Ivery, Jr. Z Oe4T/ orv Ors /93 02.E / S 5-31 If you do nor receive all pages or if portions are illegible please call the "telephone " number above for rerransmWlo.n r BENCHMARK `11220: RAILROAD SPIKE IN POWER POLE. ELEVATION: 348.03' E ,9 MUMFORD ROAD *!m4- -04opm CONSIRIl IM LIlrQ1S 7*000SLOLECTION LINE x 40+1 ~ 1-30~ x 30' CR06S 4 f 3 w/2 0 FL/446'aw,5 1-30' 'W Y VALVE w~~i1t#fOLE SELW STA 40+Op 1-16' x 3W EXISTING m E--24' CMP --11I y ►24■ 37 LINE +00 C~i'OSSI 39+00 SEE DETAIL STA +14 6 16 1-16 • gap N 405177.80 E 3218198.89 rig tr WATTEERN LINE■ 240 STA 28 1-1$~x 45' KENO N 408178,22 E 3218213.02 41 N CARRIER L =1F1.1't [.lt•,11',sF' i dr' -.J:V.(~:'.J_' ...1`.,:a "_►~'d'- -~L~ • 7' MAXIMUM 3" X 3000# STEEL HALF COUPLING-, BRASS PLUG (2") BRASS BUSHING F LLE0 WITH~GRTT PDMAS E AS JACKS 01 BY CONTRACTOR 4" ~j I f'AD AREA L GROUT THIS AREA IL BE GROUTE( AFTER INRT~LLATION CARRIER I E. NOTES. o• 1. INSPECTION AND GROUT HOLES FOR CONTACT GROUTING o OF THE STEEL CASING TO HAVE A LONGITUDINAL SPACING NO GREATER THAN 10 FEET AND ALTERNATE 15 DEGREES LEFT AND RIGHT OF CASING CENTERLINE. 2. CARRIER PIPE SHALL BE GROUTED INTO THE STEEL CASING USING THE INSPECTION AND GROUT HOLES AS SHOWN OR r AN APPROVED METHOD. THE INSPECTION AND GROUT HOLES 3 SHALL HAVE A LONGITUDINAL SPACING NO GREATER THAN 10 FEET AND THE BOTTOM TWO SHALL ALTERNATE 45 DEGREES r LEFT AND RIGHT OF THE CASING CENTERLINE AS SHOWN. 8 s _v m TUNNEL PRIMARY LINER 4" MINlnJu INSPECTION AND GROUT HOLE SECTION 2 SECTION 2 f8 18 16 16 MALCUM ~ ~ ENCASEMENT DETAIL WITH SPACERS N.T.S. 1 fs is CASING INSULATOR 7 A A 0 N b N m MALCOLM PIRME, INC 1 It2„~ CASING TYP y 18 18 PLAN VIEW BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM • • DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: October 23, 2001 ITEM: Request from Verizon to construct buried cable installation in the right of way of Deep Well Road beginning approximately 1,302 ft northwest of its intersection with FM 974 and extending for a distance of 1.188 ft. Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: A) No work will be permitted between front slope and/or back slope. B) All installations 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. C) 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. D) 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. E) 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. II. ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. ommissioner William S. Thornton County Engineer Precinct 2 0001-100 Approved 51 Denied ❑ by Commissioners' Court Date: /w - 23 -~1 Alvin W. Jones, Co y Judge toy acs qW. 0 verr~n ACCESS DESIGN 301 INDUSTRIAL BLVD. BRYAN, TX 77803 OCTOBER 4, 2001 RICHARD VANCE BRAZOS COUNTY ENGINEERING OFFICE COUNTY ENGINEER 2617 W. HWY. 21 BRYAN, TX 77803 DEAR MR. VANCE: SUBJECT: AGRMNTS 24 BURIED CABLE ENCLOSED ARE FROM ED-135 AND A WORK LOCATION SKETCH SHOWING THE LOCATION OF OUR PROPOSED BURIED CABLE LINE ON COUNTY ROADS IN BRAZOS COUNTY AT KURTEN, TEXAS. THIS WORK IS TO BE COMPLETED ON WORK ORDER FOR 5435 - 3P001 FA, WHICH IS SCHEDULED FOR NOVEMBER, 2001. IF YOU HAVE ANY QUESTIONS CONCERNING THIS WORK, PLEASE CONTACT RICHARD WALLACE AT OUR OFFICE IN BRYAN, TELEPHONE 979-821-4752 WITHIN 15 DAYS SO THAT WE MAY EXPLAIN OF MODIFY OUR PROPOSAL, OTHERWISE, IT IS UNDERSTOOD THAT THIS PROPOSAL IS APPROVED. SINCERELY, GARY BANTA SUPERVISOR - ACCESS DESIGN GB:EC ATTACHMENT /04 'r dxv po /,i2Gj 2 >o>o l9 x 1s g /t)o r A=- O • VERIZON COMMUNICATION Notice of Line Installation October 4, 2001 • • To The Commissioner's Court of Brazos County ATTENTION COUNTY JUDGE: Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in Brazos County, Texas as follows: Beginning at a point approximately 1302 feet northwest of the junction of Deep Well Road and FM 974, 1188 feet of buried cable will be placed northwest at 5 feet within the west R.O.W. of Deep Well Road. The proposed cable will be buried to a minimum of 30°. The location and description of this line and associated appurtenances is more fully shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after November, 2001. VERIZON COMMUNICATIONS 5435 - 31P001FA &,tAk~ Gary Banta Supervisor-Access Design 301 Industrial Blvd. Bryan, TX 77803 789-1828 IC70B6.72/ [7006.19 ,orF n,Era- 1. THE COUNT IN THE STRINGBY IS C7TN&72 AND CM M& C700&72 IS FROGCEO INTO ME 25M TO THE FIELD ON Y/BR AT PEO 4. C78YG.46 IS FROCrGEO INTO THE 25PR TO THE FIELD ON v/S AT PEO 5. NAKE OROP CUTS AND SEND PRS 5 AND i9 IN TNEIA PROPER POSITIONS TO THE FIELD. DI M8 'wiw "N VERIZON SOUTHWEST STATE, Tx ~c n _ _ OIVISION~ TEZAS AREA EICN. 94-XIREK Tn, em _ • I 0 ~ Environmental Systems Research Institute. Inc.. 380 New York SL. Redlands, CA 9237"100 USA • TEL 909-793-2853 • FAX 9119.793.5953 MASTER LICENSE AGREEMENT FOR USE BY DIR CUSTOMERS Ref. ESRI MPA No. 2000MPA2246 SOFTWARE, RELATED MATERIALS AND SERVICES PRICING AGREEMENT (DIR No. 313-002A) BETWEEN THE STATE OF TEXAS, AND ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. This Master License Agreement (hereinafter referred to as "Agreement") is between Environmental Systems Research Institute, Inc. ("ESRI"), a California corporation, with its principal place of business at 380 New York Street, Redlands, California, 92373-8100, and ("Licensee"), a , (spec, cdy agency, ae) (type of emny) • with its principal place of business at ARTICLE 1-DEFINITIONS Definitions-As used herein, the following words, phrases, or terms in this Agreement shall have the following meanings: (a) "Software" means the actual copy of all or any portion of ESRI's proprietary CIS software technology, computer software code, components, dynamic link libraries (DLLs), and programs delivered on any media, including, but not limited to, alpha, beta, prerelease, restricted version(s), or final commercial release provided in source, object, or executable code format(s), inclusive of backups, updates, or merged copies permitted hereunder or subsequently supplied under this Agreement. (b) "Data" means any ESRI or third party data vendor(s) digital data set(s) including, but not limited to, geographic, vector data coordinates, raster, or associated tabular attributes in ESRI CIS software compatible format(s) supplied under this Agreement. (c) "Documentation" means all of the printed and digital materials including, but not limited to, user documentation, training documentation, or technical information and briefings supplied under this Agreement. (d) "License Manager" means the nondestructive license management software program, comprised of a confidential software keycode or hardware key, which controls the distribution of the licensed number of Software copies to requesting end user(s) of Licensee. ARTICLE 7--INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP The Software, Data, and Documentation are owned by ESRI and its lioensor(s) and are protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights. ESRI and its licensor(s) retain all rights, title, and ownership not granted herein to all copies of the Software, Data, and Documentation • licensed under this Agreement. From the date of receipt, Licensee agrees to use reasonable effort to protect the Software, Data, and Documentation from unauthorized use, reproduction, distribution, or publication. All rights not specifically granted in this Agreement are reserved to ESRI and its licensor(s). ARTICLE 3-GRANT OF LICENSE 3.1 Grant of License-In consideration of the mutual promises and covenants provided herein and for other good and valuable consideration, and conditioned upon compliance with all of the terms and conditions set forth in the Agreement including, but not limited to, Article 4, ESRI grants to Licensee a personal, nonexclusive, nontransferable license to (a) Use the Software, Data, and Documentation as a single package for Licensee's own internal use only; and (b) Access and use any secure ESRI Web site resources made available to Licensee for Licensee's internal use only, provided that Licensee follows any of ESRI's terms of use policy specified therein. All password or controlled access information provided by ESRI shall be treated as ESRI confidential information to the extent allowed by law. 2000MPA2246 1 5/30/2000 ~v' ` ~ a ~S 3 = 40 (c) So long as the use of the Software is in accordance with the terms of this Agreement, and any amendments thereto, to use the Software for Licensee's operations (i) at Licensee's facilities, whether such operations are operated by Licensee or by a third party service provider for Licensee; (ii) at State of Texas facilities, including, but not limited to, the West Texas Disaster Recovery and Operations Center and the Austin Disaster Recovery Center, both currently managed on behalf of the State of Texas by Northrup Grumman Technical Services, Inc.; and (iii) at the facilities of any third party service provider selected by Licensee from time to time during the term of this Agreement to manage Licensee's operations. Use of ESRI Software by a third party Application Service Provider (ASP) is subject to applicable license fees and execution of any additionally required licenses. 3.2 Beta License-In the event ESRI accepts Licensee into a current Beta Testing program, Licensee may be provided copies of alpha, beta, and/or prerelease (hereinafter collectively referred to as "Beta") Software for the limited purpose of testing the Beta Software in accordance with the Beta testing policies then in effect. Beta Software and Documentation delivered are confidential and proprietary to ESRI and contain trade secrets, inclusive of unpublished specifications. In consideration of the rights granted herein, to the extent allowed by law, including the Texas Public Information Act, Licensee agrees to retain all Beta Software and Documentation provided to Licensee in confidence Licensee shall maintain all results of testing in confidence and agrees not to disclose to any third party details pertaining to the Beta Software, Documentation, test results, or errors encountered. ESRI reserves the right to determine which Beta Software and Documentation, subsequent interim beta release(s), or patch(es) will be made available to Licensee to test during the term of the Agreement Beta Software is subject to change prior to its commercial release, and may never be commercially released. Licensee is advised that such Software is not suitable or licensed for full use and accepts all responsibility for use of the same and any results generated. 3.3 Evaluation License-ESRI may from time to time extend a limited term evaluation license(s) under the terms of this Agreement, for the duration authorized in any supporting documentation supplied by ESRI. Any evaluation license subsequently converted to a full use license is also subject to the terms of this Agreement. 3.4 Consultantrrhird Party Service Provider Access-Licensee may provide access to the Software, Data, or Documentation to any consultant/third party service provider or contractor-of Licensee, provided that the consultant/third parry service provider or contractor is using the Software, Data, or Documentation exclusively for the benefit of Licensee, and so long as the consultant/third parry service provider or contractor agrees to be bound by the terms and conditions of this Agreement in writing. ARTICLE 4-SCOPE OF USE 4.1 Permitted Uses • Licensee may (i) install and store copies onto electronic storage device(s) and (ii) only use the Software, Data, and Documentation as described in Exhibit I set forth herein and in accordance with the licensed configuration on file with ESRI Customer Service or ESRI authorized distributors. Notwithstanding the foregoing sentence, Licensee may assign its rights hereunder to any successor governmental entity upon advance written notice. • Licensee may make one (1) copy of the Software, Data, and Documentation for archival purposes during the term of this Agreement. Additionally, Licensee may make routine computer backups of the Software, Data, and Documentation. • Licensee may customize the Software using any (i) macro or scripting language, (ii) open API, or (iii) source or object code libraries, but only to the extent that such customization is described in the Documentation. • Licensee may use the Data only as described in the Distribution Rights section of the Help or metadata files delivered with the Software, Data, and Documentation. • Licensee may use, copy, or prepare derivative works of the Documentation supplied in digital format, and thereafter reproduce, display, and redistribute the customized documentation only for Licensee's own internal use. The portion(s) of the Documentation supplied in digital format merged with other software and printed or digital documentation shall continue to be subject to the terms and conditions of this Agreement and shall provide the following copyright attribution •._j notice acknowledging the proprietary rights of ESRI and its licensor(s) in the Documentation supplied in digital format: "Portions of this document include intellectual property of ESRI and its licensor(s) and are used herein under license. Copyright ® (Insert the actual copyright date(s) from the source materials] Environmental Systems Research Institute, Inc. and its licensor(s). All rights reserved." CG-473/PS 5/30/2000 • 4.2 Uses Not Permitted • Licensee shall not sell; rent; lease; sublicense; lend; assign; time-share; or act as a service bureau or Application Service Provider (ASP) that allows third parry access to the Software, Data, and Documentation except as provided herein; or transfer, in whole or in pant, access to prior or present versions of the Software, Data, or Documentation, any updates, or Licensee's rights under this Agreement. • Licensee shall not redistribute the Software, in whole or in part, including, but not limited to, extensions, components, or DLLs without the prior written approval of ESRl as set forth in an appropriate redistribution license agreement • Licensee shall not reverse engineer, decompiie, or disassemble the Software, Data, or Documentation, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction in order to protect ESRI and its licensor(s) trade secrets and proprietary information contained in the Software, Data, or Documentation. • Licensee shall not make any attempt to circumvent the technological measure(s) (e-g., License Manager, etc.) that controls access to or use of the Software, Data, and Documentation, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction. • Licensee shall not remove or obscure any ESRI or its licensor(s) patent, copyright, trademark, or proprietary rights notices contained in or affixed to the Software, Data, or Documentation. • Licensee shall not use the Software to transfer or exchange any material where such transfer or exchange is prohibited by copyright or any other law • ARTICLE 5-MAINTENANCE Maintenance consists of Software, Data, or Documentation updates and access to technical support and other benefits specified in the most current applicable ESRI Support Services Policy. ARTICLE 6-TERM AND TERMINATION The license granted to Licensee by this Agreement shall commence upon the acceptance of this Agreement and shall continue until such time that (i) Licensee elects in writing to discontinue use of the Software, Data, or Documentation and terminates this Agreement or (ii) ESRI terminates this Agreement upon written notice to Licensee for Licensee's material breach. Upon termination of this Agreement, Licensee shall uninstall, remove, and destroy all Software, Data, and Documentation, and any whole or partial copies, modifications, or merged portions in any form and execute and deliver evidence of such destruction to ESRI, which evidence shall be in a form acceptable to ESRI in its sole discretion. ARTICLE 7-LIMITED WARRANTIES AND DISCLAIMERS 7.1.1 Limited Warranties-For a period of ninety (90) days from the later of the date of keycode issuance or date of delivery of the Software, Data, or Documentation to Licensee, ESRI represents and warrants that (i) the unmodified Software will substantially conform to the published Documentation and (ii) the media upon which the Software, Data, and Documentation is provided will be free from defects in materials and workmanship under normal use and service. i 7.1.2 Year 2000 Warranty-ESRI Represents and warrants that each software program delivered under this contract and listed in Appendix A shall be able to accurately process date/time date (including, but not limited to calculating, comparing and sequencing) from, into and between the twentieth and twenty-first centuries, and the years 1999, and 2000 and leap year calculations. This representation and warranty applies so long as other information technology, used in combination with • ESRrs software program, properly exchanges date/time data with ESRN software program(s) 7.2 Data Disclaimer-If included under this Agreement, the Data has been obtained from sources believed to be reliable, but its accuracy and completeness are not guaranteed. The Data may contain some nonconformities, defects, errors, or omissions. ESRI AND ITS LICENSOR(S) MAKE NO WARRANTY WITH RESPECT TO THE DATA. Without limiting the generality of the preceding sentence, ESRI and its Iieenso*) do not warrant that the Data will meet Licensee's needs or i expectations, the use of the Data will be uninterrupted, or that all nonconformities can or will be corrected. ESRI and its licensor(s) are not inviting reliance on these Data, and Licensee should always verify actual data including, but not limited to, map, spatial, raster, and tabular information. 73 General Disclaimer-EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT CG-473/PS 3 5/30/2000 4 S-S' is THE SOFTWARE, DATA, OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT BETA AND EVALUATION SOFTWARE IS DELIVERED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. LICENSEE ASSUMES ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE BETA AND EVALUATION SOFTWARE 7.4 Exclusive Remedy-Licensee's exclusive remedy and ESRrs entire liability for breach of the limited warranties set forth in this Article 7 shall be limited, at ESRI's sole discretion to, (i) replacement of any defective media, (ii) repair, correction, or a workaround for the Software subject to the ESRI Support Services Policy. , or (iii) return of the license fees paid by Licensee for the Software, Data, or Documentation that do not meet ESRI's Limited Warranty; provided that Licensee uninstalls, removes, and destroys all copies of the Software, Data, or Documentation and executes and delivers to ESRI a Certification of Destruction in a form acceptable to ESRI. ARTICLE 8-LIMITATION OF LIABILITY 8.1 Disclaimer of Certain Types of Liability-IN NO EVENT SHALL ESRI OR ITS LICENSOR(S) BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMI'T'MENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE, DATA, OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI OR ITS LICENSOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 8.2 General Limitation of Liability-IN NO EVENT WILL ESRPS TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNTS PAID TO ESRI BY LICENSEE FOR SOFTWARE, DATA, OR DOCUMENTATION PURSUANT TO THIS AGREEMENT. 83 Applicability of Disclaimers and Limitations-Licensee agrees that the limitations of liability and disclaimers set forth in this Agreement will apply regardless of whether Licensee has accepted the Software, Data, or Documentation or any other product or service delivered by ESRI. The parties agree that ESRI has set its prices and entered into this Agreement in reliance upon the disclaimers and limitations set forth herein, that the same reflect an allocation of risk between the patties ('including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties. ARTICLE 9-INFRINGEMENT INDEMNITY 9.1 ESRI shall defend, indemnify, and hold harmless State of Texas, Licensee, and DIR and their employees, officers, board and commission members from and against any loss, liability, cost, or expense, including reasonable attorneys' fees, which may be incurred by the indemnified party against any claims, by a third party alleging that ESRI'S software, data, r , documentation, and/or customized application infringes a U.S. patent, copyright, trademark, trade secret, know-how, proprietary data right provided (a) The indemnified party promptly notifies the indemnifying party in writing of the claim thereof; (b) The indemnifying party has sole control of the defense of any actions and negotiations related to the defense or settlement of any claim; and (c) The indemnified party participates and cooperates fully in the defense of the claim at the indemnifying party's expense. 9.2 If ESRI believes that the Software, Data, or Documentation are or will become the subject of an infringement claim, or in the event that use of the Software, Data, or Documentation is enjoined, ESRI, at its own expense, may either (i) obtain the right for Licensee to continue using the Software. Data, or Documentation or (ii) modify the Software, Data, or Documentation to make it noninfringing while maintaining substantially similar software functionality or datafinfortnauonal CG-473/PS 5/30/2000 • content. If neither of such alternatives is commercially practical, the infringing items shall be returned to ESRI and ESRI's sole liability shall be to refund license fees paid by Licensee, 100% for three years, 90% for the fourth, 80% for the fifth, 60% for the sixth and 40% for the seventh Texas will receive a value for use of the software over seven years, the first three of which it will receive essentially free use and no less than 80% of the value through the fifth year, if there is an infringement problem that cannot be resolved. 93 ESRI shall have no obligation hereunder to defend the other party or to pay any resulting costs, damages, or reasonable attorneys' fees for or with respect to any claims, actions, or demands alleging (i) infringement that arises by reasons of combination of noninfringing items, however acquired, with any items not supplied by the ESRI; (ii) infringement to the extent arising from material alteration of the Software, Data, Documentation, or customized application by anyone other than the ESRI, its agents, or its contractors; (tit) the direct or contributory infringement of any process patent by the other party through the use of the Software other than a process patent that is necessarily infringed by the internal processes executed within the Software itself when the Software is executed for its intended purpose, (iv) continued allegedly infringing activity by the other party after the other party has been notified of the possible infringement; or (v) continued allegedly infringing activity by the other party to the extent it arises from failure of that party to use the updated or modified Software, Data, or Documentation provided by the indemnifying patty for avoiding infringement. • THE FOREGOING STATES THE ENTIRE OBLIGATION OF ESRI WITH RESPECT TO INFRINGEMENT OF A US PATENT, COPYRIGHT, TRADEMARK, TRADE-SECRET, KNOW-HOW, PROPRIETARY DATA RIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS ARTICLE 10-GENERAL PROVISIONS 10.1 Future Orders-Any order received for delivery of ESRI Software, Data, Documentation, or maintenance will be licensed under the terms and conditions of this Agreement. ESRI reserves the right to modify the terms and conditions of this Agreement for future versions of the ESRI Software, Data, and Documentation delivered as newly offered deliverables or under either maintenance or upgrade programs. Unless agreed otherwise in writing, only the terms and conditions of the Software, Related Materials and Services Pricing Agreement Between the State of Texas and Environmental Systems Research Institute, Inc. and the Master License Agreement apply. 10.2 Export Control Regulations-Licensee expressly acknowledges and agrees that Licensee shall not export, re-export, or provide the Software, Data, or Documentation, in whole or in part, to (i) any country to which the U.S. has embargoed goods, (ii) to any person on the U.S. Treasury Departmenes list of Specially Designated Nationals, (iii) any person or entity on the U.S. Commerce Department's Table of Denial Orders, or (iv) any person or entity where such export, re-export, or provision violates any U.S. export control law or regulation. Licensee shall not export the Software, Data, and/or Documentation or any underlying information or technology to any facility in violation of these or other applicable laws and regulations. Licensee represents and warrants that it is not a national, resident, located in or under the control of, or acting on behalf of any person, entity, or country subject to such U.S. export controls. 103 Commercial Terms and Conditions-This Agreement contains ESRI's commercial terms and conditions. Licensee's rights in the Software, Data, and Documentation are strictly limited to the uses granted by this Agreement. In the event any court, arbitrator, or board holds that the U.S. Government has greater rights to any portion of the Software, Data, or Documentation, such rights shall extend only to the portion(s) affected and use, duplication, or disclosure by the U.S. • Government is subject to restrictions as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227- 7013(cxl)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14 (ALT ILI) (June 1987), as applicable. 10.4 Taxes and Fees, Shipping Charges-License fees quoted to Licensee include shipping and handling. Licensee is tax exempt and shall not be charged taxes or other fees, including sales, use, VAT, customs, duties, and tariffs. 10.5 No Implied Waivers-The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 10.6 Severability-The parties mutually agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable. 10.7 Counterparts-This Agreement may be executed in counterparts, all of which, taken together, shall be deemed one (1) original document. CG-473/PS 5/30/2000 0 10.8 Successor and Assigns-Other than to a Texas governmental successor-in-interest, Licensee shall not assign, sublicense or transfer Licensee's rights or delegate its obligations under this Agreement without ESRI's written consent. This Agreement shall be binding upon the respective successors and assigns of the parties to this Agreement. 10.9 Survival of Terms---The provisions of Articles 6, 7, 8, 9, and 10 of this Agreement shall survive the expiration or termination of this Agreement for any reason 10.10 Equitable Relief-Licensee agrees that any breach of this Agreement by Licensee will cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, ESRI shall have the right to an injunction, specific performance, or other equitable relief in any court of competent jurisdiction to prevent violation of these terms and without the requirement of posting a bond or undertaking or proving injury as a condition for relief. 10.11 Governing Law and Contact Disputes Resolution 10.11.1 This Agreement is governed by the laws of the United States of America and the State of Texas without reference to conflict of laws principles. Venue for any litigation arising under this Agreement shall lie in the State of Texas. 10.112 Contract Dispute Resolution. Any claims by ESRI for breach of this Agreement by Licensee shall be resolved in accordance with the provisions of Section 18.0, Contract Disputes, contained in the Software and Services Pricing Agreement Between the State of Texas Acting Through The DIR and ESRI. 10.11.3 If DIR or Licensee receives a request for the Agreement pricing under the Texas Public Information Act or receives a request which necessitates obtaining an opinion from the Office of the Texas Attorney General, DIR or Licensee shall copy ESRI on the request and identify the requestor. ARTICLE I1-ENTIRE AGREEMENT, AMENDMENTS The Software, Related Materials and Services Pricing Agreement between the State of Texas and Environmental Systems Research Institute, Inc., the Appendices thereto, and this Master License Agreement constitute the sole and entire agreement of the parties as to the subject matter set forth herein and supersede any previous agreements, understandings, and arrangements between the parties relating to such subject matter. Except as otherwise expressly provided herein, any modification(s) or amendment(s) to this Agreement must be in writing and signed by an authorized representative of each party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and effective as of the last date written below. ENVIRONMENTAL SYSTEMS Brazos County RESEARCH INSTITUTE, INC. (Licensee) (ESRI) By: By: Authorlwd Authorized Signature Printed Name: Alvin W. Jones Printed Name: Tide: County Judge Title: Date: October 23, 2001 CG-473/PS Date: 5/30/2000 • EXHIBIT I SCOPE OF USE • • End Users/Developers Developers W Stand- done Network Server Organization Deployment Fees A Redistribution of ESRI Software and Data License] Licensee License; Licensed Standard et Intern nents or DLLs AtcGIS ArcGIS Extensions Arclnfa Arclnfo Extensions ArcSDE Enterprise AmSDE Server ArcSDE Connections ArcNS ArcIMS SDK (TBDJ ROa1eMAP EMS ArcVtew4P AroView GIS ArMew Extensions ArcView IMS ArMew Interact ArcVnew Busmen Analyst ArcLogisttcs Route PC ARGINFO AtcC Atlas GIS Maplex MOLE MOLE SDK DAR BsmLras MapObjam,ff MapObjects IT MapObjwts DAS MapObjeeta Internet NetEngine NetEagiae Internet Production Line Tool Set (PLTS) "O Stieet£ditor bjects Data Sets I "Standalone I=wc" moms a license rust be dedicated for each single procca mg am on the eoasgnaer system(s) or odwadn(s) that have aoeess W use nglas to the Software. Data, or Doeumaaatioo. Ltceasee may make a second copy for IxeuseeL exclusive use on a portable eongiater so bog as only ore (1) copy of the Software, Data. and Relsted Matenak is in use at any one (1) can. 2 "Netmrk license" means a laccrse that pcrnns a number of satnalhKous(concuneat users ss contmped by Ilceme Manager to dooms and use the Soft me, Data, or Docu eam,oa 3 'Sorer Lce se• means the swmrssde Software that msdes on a per computer server bus and provides servsees to m,41e- uscs in a clien/rerV distnbuted computing ca ontnnt. 4 'Organizational Imam" mesas the Softwam, Data, and/or Doctrmatatan may be used, mpm&md, dsplayed. and rodstribu<ed for the by all usm within the gavea licensed organization. ESRI, Are View, PC ARCANF'O, ArcCAD, SustaemMAP, and MspObleas are uader'""c" of Enviior a coal Systpro Research institute, Inc, mlpstcred in the United Sato and cera]a othercounrses: registration is pending Lathe Enopnn Commmty McGIS. Arclnlb, AmSDH, AicIMS, RwaeMAP, Arcl ogtsbcs, Atlas GIS, MOLE, DAK, Axel ad, NctFzgw. and StmotEdkor are tndeasrks of Envuoumemal Systesm P,mcareh Innmum. Ise CG-473/PS 5/30/2000 0 5 Node-locked heeose (UNIX only) 6 AmIMS admimistnuon and mategerncra tools may be copied and distributed throughout the Laxrsm's orgsnurauon for its own internal use Leensee may estabbsh a redundmt senior for 6ilover open atoms in the event the primary site Wt. 7 This is •'Dual Use License,' nryuag the Software may be installed on a desktop computer and either a Penumal Digital Asasteun (PDA) or handheld mobile computer provided that the Software is only used by a smgle udrvdual at any one rune 8 Developers shall not deploy or allow to be deployed the M020 UC or W FBUNK UC fides or related updates See General Note for required subheasmg provisions by developers Developers trout attribute as follows 'Portions of tlus comport[ program ate owned by LuudTcrh, Inc., and are Copyright O 1995-1999 LfardTnth, Inc., sndfor the University of California. Allnghis reserved US. Patent No 5.710,835' 9 Developers shag not deploy or allow to be deployed the MOLMLIC file or related updates See General Note below for required sublicensutg provisions by developers Redsutburrom of Map0lijea+ LT comporeaU is on a royalty-free basis Developers must attribute as follows 'Portions of this computer program are owned by LmardTech, Ire, and am Copyright O 1995-1999 LtrardTcch. Inc, and/or the Unrvemty of Caldornia. All nghts mservod US Patent No 5.710.935' 10 Subject to an annual retewal fee. 11 I.ieew may only use this technology in conjunction with a custom software application developed by FSRI Professional Services General Note: Use of ESRI Software, Data, or Documentation in an Application Service Provider (ASP) business model is subject to execution ofa written ASP license agreement and the payment of the appropriate additional license fees. END OF TX MLA SOFTWARE AND SERVICES PRICING AGREEMENT BETWEEN THE STATE OF TEXAS, ACTING BY AND THROUGH THE DEPARTMENT OF INFORMATION RESOURCES, AND ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. TXDIRMLA6-19-00 CG-473/PS 5/30/2000 a.(o~~~ a-CeO