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Home My WebLink About2002-04-16-0900AM-RegularC7 FILED BRAZOS COUNTY BRYAN. TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT MT APR 12 A q 0of p IDS CO WA-1K SR , Ducey THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON • TUESDAY, APRIL 16, 2002 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26"H STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Cauley. 2. Call for citizen input and/or concerns. 3. Presentation of award by the Texas Association of Counties. Consider and take action on agenda items 4 -15: 4. Budget Amendment 01/02-20. 5. Payment of Claims. 6. Personnel Changes of Status. • 7. Authorizing Commissioner Tony Jones t6 negotiate a lease agreement for office space for the Justice of the Peace and Constable, Precinct 1. 8. Payment of delinquent indigent health care invoices incurred in the years 2000 and 2001. 9. Authorizing the payment previously approved by Commissioners Court to correct an error in Brazos County's contribution to the Texas County & District Retirement System account of a County employee to be made from the Contingency Fund. 10. Adopting an Order to Make an Adjustment to Credited Service and Current Service Credit for a Texas County & District Retirement System member and authorize the payment of the funds currently being held in the Brazos County Payroll Fund for that purpose to be submitted to the Texas County & District Retirement System. 0 Commissioners Court Meeting Agenda April 16, 2002 Page Two 11. Maintenance Agreement with Fujitsu Computer Products of America, Inc. for the Information Technology Department's scanners. 12. Award of Bid #2002-044, Removal of existing bridge and construction of a two-lane roadway bridge, Alexander Road over Wickson Creek Tributary. 13. Establishing a date and time for a public hearing to consider setting speed limits on Capstone Drive located in Precinct 1. 14. Acceptance of Wellborn Special Utility District's cost estimate of $6,184.00 to relocate/extend a 6" water line in the right-of-way of South Dowling Road to accommodate roadway improvements. Site is located in Precinct 1. 15. The Amending Plat of Harris Lane Estates, 202.05 acres, Francis Henderson League. Site is located in Precinct 2. 16. Announcement of interest items and possible future agenda topics. 17. Call for citizen input and/or concerns. 18. Convene into Executive Session pursuant to §551.071 of the Texas Government Code to discuss privileged matters with legal counsel regarding acquisition of real estate. 19. Consider and take action on Executive Session. „eq_47- 4'U 20. 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. • COMMISSIONERS' COURT REGULAR MEETING APRIL 16, 2002 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, April 16, 2002, 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; C. B. Jones, 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 Cauley gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns, the following people spoke: Karen Hall asked why no feasibility study had been done on the Exposition Center. • The County Judge said the voters found the Exposition Center to be feasible Demetrios Basdekas said he was stunned by the Judge's remark since the issue passed by only 144 votes. He went on to say that the law had been broken in order to push the project through. Vol 3) Page 167 n Commissioners' Court meeting April 16, 2002 2 The Court next considered a presentation of an award by the Texas Association of Counties. Ernest Galindo, Safety Specialist with the Texas Association of Counties, presented the Court with a safety award recognizing Bill Jeanes and Jerry Cotrone for their help in making Brazos County a safe place to work. The Court next considered Budget Amendment #01/02-20.1 through 20.7, that would reallocate funds for Constable, Precinct 1, Courthouse Security and the Metropolitan Planning Organization; reverse Budget Amendment No. 01/02-16.4; transfer funds from Contingency to Constable Precincts 1,2,3&4 and set the new budget for the TJPC Level 5 Progressive Sanctions Placement and the TJPC Substance Abuse/Weapons Placement Program. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20029567 through 20029835 On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to approve the Claims as submitted. Vol ~ 1 Page I (A. • Commissioners' Court meeting April 16, 2002 3 The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Tony Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered authorizing Commissioner Tony Jones to negotiate a lease agreement for office space for the • Justice of the Peace and Constable, Precinct 1. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to authorize Commissioner Tony Jones to negotiate a lease agreement. The Court next considered authorizing payment of delinquent indigent health care invoices incurred in the years 2000 and 2001. On motion by Commissioner Cauley, seconded by Commissioner Tony Jones, the Court voted unanimously to to pay the delinquent invoiced for a total of $1,298.57. The next matter for consideration was the authorization of payment previously approved by Commissioners Court to • correct an error in Brazos County's contribution to the Texas County & District Retirement System account of a County employee to be made from the Contingency Fund. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to approve the payment from the Contingency Fund. Vol 3 1 Page / to q Commissioners' Court meeting April 16, 2002 4 The next matter before the Court was the adoption of an Order to Make an Adjustment to Credited Service and Current Service Credit for a Texas County and District Retirement System member and authorize the payment of the funds currently being held in the Brazos County Payroll Fund for that purpose to be submitted to the Texas County & District Retirement System. On motion by Commissioner Cauley, seconded by Commissioner Thornton, the Court voted unanimously to submit the funds to the Texas County & District Retirement System. The Court next considered approval of a Maintenance Agreement with Fujitsu Computer Products of America, Inc. for the Information Technology Department's scanners. Cost to the County will be $3,585.00. On motion by Commissioner Cauley, seconded by Commissioner Tony Jones, the Court voted unanimously to approve the Agreement. A copy is attached. The Court next considered awarding the following bid: Bid No. 2002-044, Removal of Existing Bridge and Construction of Two Lane Roadway Bridge-Alexander Road over Wickson Creek Tributary Becky Stephens, Senior Buyer, recommended .R~ acceptance of the bid submitted by BLS Construction. On motion by Commissioner Thornton, seconded by Commissioner Tony Jones, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to BLS Construction. A copy of the bid tabulation is attached. Vol 31 Page 170 Commissioners' Court meeting April 16, 2002 5 The next matter before the Court was the establishment of a date and time for a public hearing to consider setting speed limits on Capstone Drive located in Precinct 1. On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to set Tuesday, May 7, 2002 at 10:00 a.m. as the date and time for a public hearing to consider setting speed limits on Capstone Drive. • The Court next considered acceptance of Wellborn Special Utility District's cost estimate of $6,184.00 for relocation of 6 " water line in the right of way of South Dowling Road to accommodate roadway improvements. The site is located in Precinct 1. On motion by Commissioner Tony Jones, seconded by Commissioner Thornton, the Court voted unanimously to accept Wellborn Special Utility District's cost estimate for relocation of 6 " water line in the right of way of South Dowling Road. The Court next considered approval of the Amending Plat of Harris Lane Estates, 202.05 Acres in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Thornton, seconded by Commissioner Cauley, the Court voted unanimously to approve the Amending Plat of Harris Lane Estates Subdivision as submitted Vol 31 Page III ~J Commissioners' Court meeting April 16, 2002 6 Under announcement of interest items and possible future agenda topics the County Judge made the following comments: a) He cited the need to meet with the Auditor to make an absolute determination on the tobacco funds. b) He and his Administrative Assistant are working on a time line for the budget process and will have it out to the departments in the next week or two. c) He met with the Cities of Bryan & College Station to talk about a high speed rail and another transportation plan. The result will be the consideration of a Resolution at the next Commissioners Court session. d) He commented that everyone is welcome in the Commissioners Courtroom but he will maintain decorum. Under citizen input and/or concerns, Demetrios Basdekas asked to speak to the Court. He apologized for his earlier outburst. He again accused the Court of breaking the law by paying for advertisements to support the passing of the Exposition Center. The County Judge said if this Court had broken the law, they should be held accountable, but he would make no apologies for stating the voters made answer to a feasibility study. There was no requirement to meet in Executive Session. There being no further business to come before the Court, the meeting was adjourned. Vol 3 + Page a' C~ Commissioners' Court meeting April 16, 2002 7 The foregoing minutes of the Commissioners Court meeting held April 16, 2002 have been examined and are approved in open Court this the day of 2002, in Bryan, Brazos County, Texas. • • zL -,71. a Alvin W. Jones County Judge ~W~mSThornton Commissioner, Precinct 2 rey Ca ley, Jr. ` Commissi ner, Precinct 4 Vol 31 Page To Jo Commiss oner, Precinct 1 C. B. J s Commiss' ner, Precinct 3 C i 1D~_Jd( c~ _ > karen McQueen County Clerk 1-73 BRAZOS COUNTY COMIVIISSIONERS COURT P~ MEETING ON .'_J .200,A AT Qafl d:a NAME ORGANIZATION/DEPARTMENT 1JYj~ Ag2 CC C i I -I rv S k~_ Al IJA 4k" AA /A A 6 Put- < ~-l iz~ r ~~t~o C BRAZOS COUNTY COMMISSIONERS COURT MEETING ON Lid 1~ 200 AT 4m • • 0 ~3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT (S) FOR THE 2001-2002 BUDGET YEAR NO. 01/02-20.1 thru 20.7 On this the 16th day of April 2002 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; C. B. Jones, Commissioner, Precinct 3; Carey Cauley, Jr., Commissioner, Precinct 4; Karen McQueen, County Clerk. The following proceedings were held: THAT WHEREAS, on April 16, 2002 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 16th day of April 2002. 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 ,If ti, • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 20.1 4/16/2002 r~ • FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 3181 710400 Dr. Contract Placement $ 14,175.00 30 480463 Cr. TJPC-PS LEVEL 5 PLC 14,175.00 Texas Juvenile Probat ion Commission Progressive Sanctions Level 5 Placement To seta the new budget for the TJPC Level 5 placement to the Roy K Robb facility in San Angelo for the period 3/1/02-8/27/02 as resented wit h the attached approved application. 7.=sd6Ctr4 f*Ts SIN '00 -ek-1 3 1 -77 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 20.2 4/16/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 3182 710400 Dr. Contract Placement $ 14,504.00 30 480464 Cr. TJPC-SA/Wea ons Plcmt 14,504.00 Texas Juvenile Probat ion Commission Substance Abuse/Weapons Placement Program To seta the new budget for the TJPC SA/Weapons placement to the Incentives facility in Ka for the eriod 3/26/02-8/31/02 as resented with the attached approved application. . 20 lif~ e• h`aac? i100"\ - I , u BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 20.3 4/16/2002 • • FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 301011 678900 Dr. Vehicle Equipment $ 500.00 01 301011 659500 Cr. Vehicle Maintenance 500.00 Constable Precinct 1 To reallocat e budget to allow the urchase of equipment for the newly ac uired "used" vehicles. oz, M-Mr, -g- l. Ytl 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 20.4 4/16/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 301011 808900 Dr. Vehicles $ 1,782.00 01 110015 611300 Cr. Contingency 1,782.00 Constable Precinct 1 01 302011 808900 Dr. Vehicles $ 1,782.00 01 110015 611300 Cr. Contingency 1,782.00 Constable Precinct 2 01 303011 808900 Dr. Vehicles $ 1,782.00 01 110015 611300 Cr. Contingency 1,782.00 Constable Precinct 3 01 304011 808900 Dr. Vehicles $ 1,782.00 01 110015 611300 Cr. Contin enc 1,782.00 Constable Precinct 4 To setup budget as approved b the Comm issioner's Court April 9, 20 02 for the a u i ment requested for the new vehicles received this fiscal year. ,_1 y 0 Wa, 31 ffi W-1 a! -e., • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 20.5 4/16/2002 • • FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 302011 659500 Dr. Vehicle Maintenance $ 2,000.00 01 302011 808900 Cr. Vehicle 2,000.00 Constable Precinct 2 To reverse Budget Amendment No. 01/02-16.4 as approved 3/19/2002 due to the decision of Commissioner's Court 4/9/2002. None of these funds have been disbursed for vehicle equ ipment. 010-0-1101,10,11 812, a 'r. -lam C1 .10D ~I 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 20.6 4/16/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 30 4241 723200 Dr. Contract Services $ 6,000.00 30 4241 802850 Cr. Equipment - Office 6,000.00 Metropolitan Planning Organizat ion To reclassify budget per the attached request from the department. ji e, 111 ~ "m - Mal- 01-1 -.1 1- m , WA • vim- V Ci Q~l ~3 j • BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 01/02 - 20.7 4/16/2002 • 0 Courthouse Security Division To reclassify budget to allow the purchase of a tape degausser. FD DIV ACCT PROD R/CR ! NAME ACCOUNT Increase Decrease 22 510001 672860 Dr. Minor ui ment $ 1,100.00 22 510001 606000 Cr. Office Supplies 1,100.00 PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: April 16, 2002 DEPARTMENT: Personnel PURPOSE: Approve Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED JUVENILE SERVICES GOOSBY, JOHNNIE TJPC SUPPLEMENT RENEWED SAMUELS, QUINTIN E RESIGNATION ROAD AND BRIDGE CAMPBELL, ROBERT O. NEW HIRE - TEMPORARY TARVER, JR., JAMES R NEW HIRE - TEMPORARY iii. - " Bw Tnn' bflAH9, ~6 EFE Approved in Commissioners' Court: April 16.2002 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) -3,1 19 - • KAY HAMILTON County Treasurer Brazos County Courthouse 300 H. 26th, Suite 313 Bryan, Texas 77803 (979) 361-4340 MEMORANDUM DATE: April 11, 2002 TO: Alvin Jones, County Judge Tony Jones, Commissioner Pct.1 William Thornton, Commissioner Pct. 2 C. B. Jones, Commissioner Pct. 3 Car~ey,Caauulley, Commissioner Pct. 4 is FROM: ll ay l~milton, r. t~ty Treasurer RE: Payment to TCDRS to Correct Errors a. Regarding Ruth Sweeney: • On March 26, 2002, Commissioners Court approved the Brazos County contribution of $1,424.00 to correct an error in the TCDRS Account of Ruth Sweeney; however, the Court did not specify the fund from which to make the expenditure. • Request: Please approve the payment of the $1,424.00 from Contingency Funds to correct the error in Brazos County's contribution to the TCDRS in the interest of Ruth Sweeney's TCDRS Account. b. Regarding Ramiro Quintero • From August 1999 to June 2000, Ramiro Quintero's check was held pending the resolution of issues regarding payment of County taxes. His TCDRS contribution is and the County's contribution totaling $6,372.55 were not submitted and remain in the Payroll Fund. Since the correction is farther than six months back and involves more than 3 consecutive months, Brazos County must adopt an order stating that an error has occurred and agreeing to the correction. • Request: Please adopt the "Order to Make an Adjustment to Credited Service and Current Service Credit for a TCDRS Member" and approve the payment of $6,372.55 from the Payroll Fund to TCDRS in the interest of Ramiro Quintero's TCDRS Account. Cc Margie Williams, First Assistant Auditor JOB 3 I_ I SS L TCDRS couama=Rcr UTIE A .W SYSRM Correction of Error Within Four Years EMPLOYEE INFORMATION TWIS-M Me= Member's Full Name Date of Birth Social Security Number Mailing Address County/District Employer Name P 0 BOX 3463 BRAZOS COUNTY # 120 City state Zip Code Daytime Phone Number BRYAN TX 77805 979 361-4402 REQUIREMENTS • Employee has not received the correct amount of credited service months and monetary credit. • The period of the error does not include months that are more than four years prior to the certification date. Any corrections beyond four years require an actuarial study and must be approved through an order or resolution. The form Correction of Error Beyond Four Years can be used to request the actuarial study. • The county/district has determined that the reporting error occurred without the knowledge or fault of the person and the correction is in the best interest of the county/district. • If the correction is farther than six months back or involves more than 3 consecutive months, the county/district must pass an order or resolution stating that an error has occurred agreeing to the correction. • Deposits from the employee must be received within 30 days of the certification date on this form. • Contributions from the employing county/district must be received within 30 days of the certification date on this form. DEPOSIT INFORMATION Year From Month To Month Number of Months Compensation for Period Employee deposit rate Employee Deposit Employer contribution rate Employer contribution 1999 AUGUST DECEHBER 5 $16,244.47 7% 1 1 7.11 10.98% $1,783.64 2000 JANUARY JUNE 6 19 1 8.01 7% 1.343.86 10.98% 2.107.94 Total Months of Service ELEVEN (11) Total Employee Deposits Required 7 Total Employer Contributions Required 3 891.58 CERTIFICATION BY MEMBER I certify that I have read gnd agree with the above information. X ' /CERTIFICATION BY COUNTY OR DISTRICT CORRESPONDENT I certify that the credited service and deposits are complete for the periods outlined and the corrections should be made to the above member's account Correspondent's Signature Date X~ ~g 04/lI/2002 Any corrections or whiteouts must be initialed TCDRS • PO Box 2034 Austin, Texas 78768-2034 . (512) 328-8889 or 1-800-823-7782 • Fax: (512) 328-8887 9- r~ ORDER TO MAKE AN ADJUSTMENT TO CREDITED SERVICE AND CURRENT SERVICE CREDIT FOR A PARTICULAR MEMBER - Revised 2001 Please Attach All Parts (One, Two, & Three) To All TCDRS Orders SUBDIVISION # 120 PART ONE: FORM OF MINUTES FOR ADOPTION OF ORDER THE STATE OF TEXAS COUNTY OF BRAZOS On this the 16th day of APRIL 200 the Commissioners Court of BRAZOS County, Texas ("the County') was convened in session with the following members present: REGULAR County Judge Commissioner, Precinct #1 Commissioner, Precinct #2 Commissioner, Precinct #3 Commissioner, Precinct #4 County Clerk Mr./M% C4PeY CRucrY S& _ moved that the order, (Exhibit One of these minutes), be adopted by the County. The motion was seconded by Mr./bb. W,", S. 7N'oAA).raA) and was adopted with the following members voting AYE: SkDcog Ac loges 7o,~,y 7oNes , dt1~, S. Ti+aANroiJ C. 8. So~tes and CAAEY CAutEY. SPA and the following members voting NO: , and JOL'j I 0 ORDER TO MAKE AN ADJUSTMENT TO CREDITED SERVICE AND CURRENT SERVICE CREDIT FOR A PARTICULAR MEMBER - Revised 2001 PART TWO: FORM OF ORDER TO BE ADOPTED AND INCLUDED IN MINUTES EXHIBIT ONE COMMISSIONERS COURT ORDER TO MAKE AN ADJUSTMENT TO CREDITED SERVICE AND CURRENT SERVICE CREDIT FOR A PARTICULAR MEMBER (Section 845.005 Govemment Code) WHEREAS, the County is a participating subdivision in the Texas County and District Retirement System (hereafter "System") under Subtitle F, Title 8, Government Code (hereafter " TCDRS Act'); and WHEREAS, the County acknowledges that a reporting error in service credited to a particular member occurred without the knowledge or fault of the member; and, WHEREAS, the County shall also verify the amounts of service, as well as, compensation, for those months of credited service and current service credit the member should have been granted; and, WHEREAS, the Commissioners Court, as prescribed in Section 843.005 of the TCDRS Act, has determined that it is in the County's interest to rectify this error by authorizing the establishment of credited service and current service for the particular member who has not received the correct amount of credited service and current service credit performed for the County and who is barred from doing so by the limitation period provided by Section 842.112(b); now, therefore, be it ORDERED, That: 1. The County acknowledges that a reporting error in credited service and current service occurred without the knowledge or fault of Mr.84s. QUINTERO 2. Thus, as set forth in Section 843.005, the County authorizes the establishment of 11 total months of credited service and current service credit for Mr./Mr. QUINTERO . The County also recognizes that the service credit attributable to the member contributions deposited under this section is determined using the credit percentages in effect for the month in which the deposit is made. For credited service and current service credit under this section, the deposits, as described in 843.005(e), shall be paid in such manner that the System will receive the funds at its offices no later than the last day of this calendar year. M 3) • • u PART THREE: CLERK'S CERTIFICATION 1, _MREN MCQUEEN , Clerk of BRAZOS County and ex-officio Clerk of the Commissioners Court, do hereby certify that the foregoing is a full, true and correct copy of Commissioners Court Order To Make An Adjustment To Credited Service And Current Service Credit For A Particular Member, and of the official minutes pertaining to its adoption, as the same appear of record in the official minutes of the Commissioners Court of the County. Given under ~m_y,hand and seal of office this 09' day of 200Z . Coanty Clerk and Ex-Officio Clerk o e Commissioners Court 0 FUJITSU COMPUTER PRODUCTS OFAMERICA, INC. FU JOU 1741 Jundion Avenue, San Jose, CA 95112-1010 SERVICE TERMS & CONDITIONS 1. SERVICE Customer shall be entitled to purchase service on RCPA's products, CEquipmenO on described In the attached service description ('Services') Service hours sha11 be from 7.00 a.m to 5.00 pm. daily, Monday through Friday, etxept legal holidays, which are Now Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Service may be provided by FCPA or Its authorized service provider rService Provider) 2. EXCLUDED SERVICE Mantenance Servos provided under thus Agreement does not Include the furnishing of supplies or aedascrias for the Equipment uniess specified nine service desorption, or repair of damage reautlfng from any cause other than oMnary use, or eeusee by operation of the Equipment with non-FCPA equipment or supplies. Win respect to excluded Service, FCPA will submit a description d the pads or services necessary to restore the Equipment to proper operating condition and the estlmated charges based of FCPA'a time and material rates then n effect If FCPA Is not granted permission to perform such repairs at Custometfa wipense, FCPA mayterminate all no obligations underthle Agreement with respect toeuch Equipment. 3. TERM Maintenance Serviceunll begin an the Effective Date and will remain in effect for an Inbal period done (1) year ('Term). Thereafter, Mahlenanoe Service maybe renewed for one (1) year periods ('Renewal Period) or until terminated earlier es provided elsewhere herein 0 PAYMENT AND PRICE CHANGES Customer shell pay maintenance Service charges, Including all applicable federal state and local tease, but ecccluding taxes based on FOPA's net Income, on an annual basis prior to the commenoettnent of Servloe Annual SeMcefees for Renewal Periods are subject to change upon forty-five (45) days' prior wi faen notice, erucept that FCPA may adjust the charges for the then current Service period C Equipment specifications, attachments, or features change du ring such period 5 EQUIPMEHTADDITION Customer may add Equipment eligible for support, at airy time, upon giving FCPA thirty (30) days prior written nobce In order to be eligible for Switme, the Equipment must be currently supported by FCPA and in good working condition. All Equipment added after the Effective Date shall assume the uncphed portion of the then current annual Service period. fl. LIMITATION OF LIABILITY Customer agrees that FCPA and Service Provider will only be gable for personal Injury or damage to real property or tangible personal property to the extent caused by FCPA'e or Service Providerts negligence The amount of claim for any other actual loss or damage is limited to $50,000. In all cases any claim must be brought within twelve (12) months after the occurrence of the alleged ad or omission giving rise to demages T WARRANTY FCPA warrants that Service will be peAormed In a professional and worlananilke manner FCPA'S OBLIGATIONS UNDER THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, AND FCPA SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPUEO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FCPA AND SERVICE PROVIDER WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, THIRD PARTY CLAIMS, LOSS OF PROFITS OR DATA, OR LOSS OF USE OR OTHER BENEFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE PERFORMED UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, EVEN IF FCPA OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. S. TERMINATION Either pity may terminate the Agreement without cause at any time upon ebdy (60) date prior written notice to the other party Should FCPA terminate the Agreement without cause, FCPA shell refund to Customer any prepaid but unused Service charges an a pro rata basis Either party may terminate this Agreement upon written radoe to the other party p) forfdiure of the other patty to comply with any materiel term or condition of this Agreement and ouch falure is not remedied within thirty (30) days after reeelpt of written notice of such failure by the other patty, 04 If the other party makes on assignment for the benefit d creditors, becomes unable to make payments clue, or becomes the subject of any bankruptcy, receivership, or shnllar proceeding, FCPA may terminate this Agreement If Customer Is In default d thls or arty other agreemerrt with FCPA. 9, GOVERNMENT Customer shall not use FCPA as a U S government contractor or subeorfiactor, nor shall any Federal Acquisition Regulators rFARs') be applicable to this Agreement without FCPA a wpreae prior written consent. If Oustcmer breaches the taregolng obligation, Customer shall Indemnity and hold FCPA harmless from any, eand all law, costs, eopenees and lost profits that result therefrom. 10. GENERAL FCPA will not be responsible for failure to provide Service due to etnlas or causes beyond FCPA's reasonable control FCPA may assign this Agreement and Its rights under this Agreement to any he parent or an effilste Customer may not assign this Agreement without FCPA% prior written consent. Any notice or communications between the parties shall be In writing and personally delivered or forwarded by first class mall, postage prepaid, to the ponies' respective addrowas shown in this Agreement Notices shall be deemed given at the earlier of m their actual receipt or (ill five (6) days after the date of maing This Agreernerd may not be amended and no praris:on of this Agreement shell be conddered modified by either party unless the amendment or modification Is made In writing and signed by both partles This Agreement and Its attachments shall be governed by the laws of the State at California, with exclusion of its conflicts of low provisions, and constitute the entire egreemem with respect to Service The terms and oandrdons of this Agreement shall apply, notwithstanding any differences In the terms and conditions of any order or other document submitted by Customer Any areprinled terms and conditions as coritaned in any Customer purchase order shall be donated and be void and of no effect In the event that litigation Is Instituted between the parties in connection, with any controversy or dispute arising from, under or related to Ills Agreement the judgment therein shill include a reasonable sum to be paid to the prevailing party for and on account of attorneys' fees and coots Incurred in such litigation, Including those Incurred on appeal. It any provision herein Is held Invalid or Illegal by any court of competent jurisdiction, the same shall be deemed severable, shall in no way affect any other provision, and shall be deemed replaced by a provision which comes cagiest it language and Intent without being Invalid or illegal. Failure to enforce any provision shall not be construed to be a walver of such provision or any other provlston ICrA S.- tk.-m, aCeMtbn~ ;net 3: . •c • • C7 FUJITSU COMPUT OFAMERICA, INC. ~ jffSU 1741 JuntfionAvenue, San - 19,~1rs~ Cav-P aR Pknu ;ITS aF Aateamrt ScanCare Service Description ScanCarc is an annual scheduled preventative mamtrnanee program designed to provide Customer with the consurnables necessary to meet the Rcoommended routmc maintenance services which Customer is respoastble for as outlined in the Operator's Guide for the Fujitsu sasriners (the "Product") der Acs serwoe ofltn. r C3nst_^nrer may reeve rhr follAmyi..y ^erv;cei W;d Ain Pfease ne&r to KgMX I Corimed Services for syWj sersi mvovd for ere rodddct Eauimnent Insmetiam & Pronle - Upou receipt of the Activation Card by 174tsu, a Fujitsu Au$oaimd Service Provider ("FASP") will come on- site to inspect Customer scarier and to prepare a scanner maintenance profile foam The profile establishes the rea>nnnended consumable replacement and preventative maintenance schedule. Operator Training -Upon receipt of the Activation card by Fujitsu, a FASP will oane an-site to provides Customer with training an proper way to perform routine maintenance, including time saving tips. Service will be performed during business hours at a time mnatally agreed upon between FASP and Customer. -Cmusurmabtes KiU - Each Scan Care maintenance program includes automatic delivery of consumable lilt(s) to the end-user site The member of kits depends on scanner model Nose. The Consdmuble late provided Customer during the maintenance period contain quarthics of parts required for clearing and mairannance care of the Product based on normal use. Should Customer more additional eoavu mablea, Customer maypurchase these parts by contacting a local Fujitsu reseller. Preventative Maintenance Calls - On-site Preventative maintenance, will be performed by a FASP. Preventative maintenance includes cleaning of the unit and replacement of oousumable parts (M3099 only). Service rill be provtded during normal busmeas henna at a time to be mutually agreed upon between the FASP and Customer. SeanCare ScanCare Plus Departmental Production Departmental Production Included Service (M3093,M30K (M3099 (A6093. M3096, (M3099 M3097. M4097 M4099 M309Z M4097 M4099 On-site Break-fix repair I Year 1 Year I Year 1 Year Number of Cons tunable kits 1 5 1 S Kit Contents (see reference guide) (see reference guide) Preventative Maimenanoc Visits 2 2 2 3 Inspection and Profile act regmred 1 1 I Operator Training not required 1 1 1 Mtgtrre J. Goverrd Service On-site Break-fix repair- Earth ScanCam maintenance program Includes ea-site break-Lx repalr of Cusmm- s®ner for one year. Services covered and not coveted by ou-site break-fix repair are desrrfbed in the "No Excuses Warranty Guide for Fujitsu Scanners„ Excluded Services - The servioes provided under ScanCam are in adchd on to the Product warranty and are not untended to replace Customer's Products warranty as described in the "No Excuses Warranty Guide for Fujitsu Scanner Term - Time tam of tins service effeting aball be ono year from the date of purchase andis not activated until mcept by Fuptsu of Customer's Activation Card. Renewal - Customer may wish to extend the warranty period for their scanner Products by purdmasing the ScanCam Plus service option for the aecend and consecutive yeah of Product usage. Should Cusoome discontimu service for any period of time in which suggested madmenenre acrvicce were not performed, Fujitsu may evaluate the Product to determine if add ticnal charges are required to restore the Productto arrant maintenance level Warranty - Fujitsu warrants that all services will be performed in a professional workmanlike manner. LIMITATION OF LIABILITY- IN NO EVENT SHALL FUJITSU BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED OT LOSS OF USE, LOSS OF DATA OR LASS OF PROFITS EVEN IS SO ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Activatiew - To activate this service. please complete the enclosed ScanCere Activation Card and return it to Fujitsu in the enveiopc provided or by fax along with a copy of your proof of purchase. At ttu end of this maintenance period you can extend the manufacwtea warranty for an add$tional one-year period by purchasing ScanCare Plus. For details call Fujitsu or contact your local naeller. Fujitsu Computer Products Of America To: Anita Lee Company: Brazos County Fax: 979-361-4408 From: FCPA Customer Service Subject: New Service Contract Quotation Memo: Enclosed, please find the quotation for service coverage for your FCPA products. Date: 04/08/02 Time: 12:51 PM PDT Pages Sent: 5 'f 0-A""31 lq~L I- FUJITSU COMPUTER PRODUCTS OFAMERICA, INC. m)ffsu 1741 Jundlon Avenue, San Jose, CA 95112-1010 JJ FCPA SERVICE CONTRACT BUOTATION Date of Quote: 04/08/02 Quotation 0005708 / 8111-ta Contact Location Contact Site# 113784 Sites 113784 Anita Lee Brian Brumfiled Brazos County Brazos County 202 E 27th St 202 E 27th St Suite 102 Suite 102 Bryan, Tx. 77803 Bryan, Tx. 77803 Phn: 9 79-361-4685, FAX: 979-361-4408 Phn: 9 79-351-4585, FAX: 979-351-4408 Terms (please check one): Payment Type (circle one): Check / PO / VISA / Mastercard / AmEx Check/PO/Account Number: _ Expiration Date: • Invoices MUST be paid within terms to avoid interruption in service. Model Serial No Start Date End Oats Service Type Reap. Time Unit Price M4097D 513655 04/08/02 04/07/03 ScanCare Next Day 1195.00000 M40970 513788 04/08/02 04/07/03 ScanCare Next Day 1195.00000 M40970 513790 04108/02 04/07103 ScanCare Next Day 1195.00000 3585. Applicable tax will be added to the total cost unless tax identification number is provided: Comments This quotation is valid for thirty days. Customer Acceptance of Price uotation: 4- S re Date To obtain maintenance: Review and sign the above quotation. Make Purchase Orders or checks payable to Attn: Kathy McCloud, SupplyNet Inc, 614 Corporate Way, Valley Cottage, NY 10989 Fax signed quotation and copy of purchase order or check to: Dennis Agpaoa, Phone: 408-456-7569, FAX: 408-456-7555 • FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. Mj 1741 Jundlon Avenue, San Jose, CA 95112-1010 Dear Valued Customer, Thank you for expressing interest in purchasing a maintenance agreement from Fujitsu Computer Products of America. As you requested, I've attached a price quotation for a maintenance agreement on your Fujitsu equipment. To obtain a maintenance agreement, review and sign the attached price quotation and fax back to me. Be sure to include your payment method and purchase order number if applicable. If you have additional Fujitsu equipment which you would like to add to the quote, please forward the information to my attention and I will be happy to provide you with an amended quote. If you have any questions regarding your service coverage or this price quotation, please contact me. It is our pleasure to provide you with service support. Sincerely, Service Contract Sales Representative (qn) • BID TABULATION 2002.044 REMOVAL OF EXISTING BRIDGE AND CONSTRUCTION OF TWO LANE ROADWAY BRIDGE ALEXANDER ROAD OVER WICKSON CREEK TRIBUTAI • U BLS YOUNG J-MAC JAY REESE CONSTRUCTION CONTRACTORS INCORPORATED CONSTRACTORS EL CAMPO, TX BRYAN, TX HOUSTON, TX AUSTIN, TX Total Bid Price: $ 64,960.00 $ 84,990.00 $ 81,337.60 $ 126,000.00 Breakdown: Materials $ 38,976.00 $ 23,200.00 $ 27,122.00 $ 58,460.00 Labor $ 25,984.00 $ 61,790.00 $ 54,215.60 $ 67,540.00 It is estimated that it will take 120 80 45 45 working days to accomplish this work and all work required will be completed within 120 120 60 75 calendar days MENDATION: BLS CONSTRUCTION DATE: April 16, 2002 Page I 0