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Home My WebLink About2003-12-02-9:00AM-RegularV kar £ 2 }3. i 0V 25 P* 1 q L`T'AZOS COUNTY BRYAN. TEXAS gEpUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 2 DECEMBER 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS-COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard 2. Call for citizen's input and/or concerns. 3. Presentation of Certificate of Appreciation by Randy Haynes, President of the Brazos Heritage Society. Consider and take action on agenda items 4-14 4. Budget Amendment 03/04-8.1 thru 03/04-8.4 5. Payment of Claims 6. Personnel Change of Status 7. Order Relocating Polling Place for Election Precincts 5A and 5B 8. Cost to Republican Party and Democratic Party for Voting Equipment for Primary Elections. 9. Designation of Worker's Comp coverage for Volunteer Deputy Law Enforcement personnel. 10. Renewal of Brazos County Property/Casualty Insurance. 11. Request by Ernie Laney to renew the Maintenance Agreement with Ricoh Corporation to service the scanners located in the District Clerk's office and Information Technology. 12. Request for approval of tax refund applications for the following: a. Thomas M. Jr. & Lisa K. Bevans b. Dalin's Donuts VOL 6 1 PAGE--!. Commissioners Court Agenda 2 December 2003 Page 2 13.Interlocal Agreement between Brazos County and Walker County for back-file imaging through Government Records Services, Inc. 14. Request by Purchasing for permission to hire Ben Sanford & Associates, Inc. for assistance with a Request for Proposal to acquire a Telephone Trunk for the Detention Center. 15. Announcement of interest items and possible future agenda topics. 16. Call for citizen input and/or concerns. 17. Agency / Board % Committee reports by Court members. 18. Adjourn. The Brazos County 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. VOL5 i PAGE COMMISSIONERS' COURT REGULAR MEETING DECEMBER 2, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, December 9, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct l; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The next matter before the Court was the presentation of Certificate of Appreciation by Randy Haynes, President of the Brazos Heritage Society. Randy Haynes, representing the Heritage Society made the presentation of a plaque to the Court and thanked the Court for their donation and support. He handed them copies of the new brochure "A Guide to Historic Brazos County." The Court next considered Budget Amendment #03/04-8.1 VOL 51 PAGE 3 Commissioners Court meeting December 2, 2003 2 through 8.4, which would reallocate funds for Juvenile Services (3) and transfer funds from Contingency to Building Maintenance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20048061 through 20048182 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered adopting an Order Relocating Polling Place for Election Precincts 5A and 5B. The polling places for both precincts was combined and located at the New Bethlehem Baptist Church located at 2420 FM 2776, Bryan, Texas. The Court has since been informed that the location is no longer suitable for the VOL 9 1 PAGE 4 Commissioners' Court meeting December 2, 2003 3 conduction of elections. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to relocate the Polling Place for Election Precincts 5A and 5B to the District 2 Volunteer Fire Station building located at 894 North FM 2038, Kurten, Texas. The next matter before the Court was the leasing of voting equipment to the county executive committee for the primary elections. Section 123.033(e) (3) of the Election Code authorizes the County to charge for leasing electronic equipment. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to charge for the joint primary or runoff primary election, $5.00 per piece of equipment to be divided equally between the Republican and Democratic parties and if there is a separate primary or runoff primary election, to charge $2.50 per piece of equipment. The Court next considered approval of Worker's Compensation coverage for Volunteer Deputy Law Enforcement personnel. Commissioner Peters moved to approve Workers Compensation coverage for Volunteer Deputy Law Enforcement personnel. All Commissioners Jones, Mallard, Cauley and the County Judge seconded the VOL 51 PAGE 5 Commissioners' Court meeting December 2, 2003 4 motion and it passed unanimously. Commissioner Peters then asked to modify the motion to include all law enforcement personnel. Commissioner Cauley seconded the motion and it also passed unanimously. The next matter before the Court was the renewal of the Brazos County Property/Casualty Insurance. The County Judge moved to approve the renewal. Commissioners Peters and Cauley seconded the motion. Commissioners Jones, Peters, Cauley and the County Judge voted "Aye". Commissioner Mallard abstained. His affidavit citing a conflict of interest is filed in the County Clerk's office. The motion carried. The Court next considered a request by the Information Technology Department to renew the Maintenance agreement with Ricoh Corporation to service the scanners located in the District Clerk's office and Information Technology Department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal. The cost will be $3,442.35 for FY2004. The next matter for consideration was approval of tax refund application from the following individuals and/or companies: VOL 6) PAGE G Commissioners' Court meeting December 2, 2003 Thomas M. Jr. & Lisa Bevans, Over payment $120.40 Dalin's Donuts, Over payment $8.95 On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously approve the tax refund applications. The next matter for the Court's consideration was an Interlocal Agreement between Brazos County and Walker County for back file imaging through Government Records Services, Inc. This is authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code Chapter 791. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to enter into an Interlocal Agreement with Walker County for back file imaging through Government Records Services, Inc. 5 The Court next considered a request by the Purchasing Department for permission to hire Ben Sanford & Associates, Inc. for assistance with a Request for Proposal to acquire a Telephone Trunk for the Detention Center. Fees for services shall not exceed 55 hours or $6,875.00 plus estimated expenses of $1,000.00 for a total of $7,875.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. VOL S1 PAGE q Commissioners' Court meeting December 2, 2003 6 Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a) Spoke with Jared Wills, Health Care Consultant with McGriff, who asked if the County would like them to serve as servicing agent. Commissioner Mallard said this is something the Court needs to be thinking about. There was no citizen input and/or concerns. There were no Agency/Board/Committee reports by Court members. The County Judge recessed the meeting so that the Commissioners could walk through the new County Court at Law #2 Courtroom. At 9:35 a.m. the County Judge announced the meeting back in session. He commented that the courtroom looked great. There being no further business to come before the Court, the meeting was adjourned. VOL 51 PAGE S The foregoing minutes of the Commissioners Court meeting held December 2, 2003 ha e been examined and are approved in open Court this v [ the ~ _ day of Apri ~ , 2004, in Bryan, Eric Caldwell Commissioner, Precinct 1 Duane Peters Commissioner, Precinct 2 Carey Ca ley, Jr. Commissioner, Precinct 4 Attest: Karlin McQueen 1y" '7' 20 Kenny Mallar Commissioner, Precinct VOL 5 PAGE 1 Brazos County, Texas. BRAZOS COUNTY COMMISSIONERS COURT MEETING ON a'. 2003 AT .add Name Organization/Department :Tu t c [I ~ ~ ~l C PC) ~5 G. ► ~ l.~ ' Tim ~~-:SZr Z4Ab VOL Tvki 51 PAGE 11. C BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ~licuru-~-~ a 2003 AT Name Organization/Department LAAi~ a r l n ` .`~iL Lc ~z d J - dly- VOL 54 PAGE # q BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGET YEt NO. 03/04-8.1 thru 03/04-8.4 On this the 2°dday of December 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on December 2, 2003 the Court heard and approved a budget amendment for the 2003-2004 budget year for Brazos County, Texas. WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted September 12, 2003 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 2nd day of December, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 6/ PAGE/2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-8.1 12/2/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 310001 802050 DR Com uter-Networkin Cost 3,280.00 01 310001 670500 DR Minor Appliances 1,250.00 01 310001 673420 DR Furniture 1,280.00 01 310001 591000 CR DDEA 5,810.00 Juvenile Services - To move fund s from the Discreactionary Account to provide for network costs, furniture and two commercial dryers. ` ~ APl~rp~ id s A ~ '7~ llat 117 5/2003 Date r . $ TT VOL 5 / PAGE /.3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-8.2 12/2/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 310100 518200 DR Merit Pa 640.00 01 310001 518200 CR Merit Pa 640.00 Juvenile Services - To move fund s from one division to another within Juvenile Services to allow for a merit increase for an employee in the TYC division Pt ~Pai d,By We, ' Ajp► oN ed By: 3 ~I fit t date; i°11!25/2003 D'aie n lr YOL 51 PAGE I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/04-8.3 12/2/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 3121 518200 312104 DR Merit Pa 1,520.00 01 310001 518200 CR Merit Pa 1,520.00 Juvenile Services - To move fund s from one division to another within Juvenile Services to allow for a merit increase for an employee in the State Aid division PI c pFrc~l 13` >s ;'l.dc ~r ~:Apprgvd sI3y zr~ x - t r x Date,: ;:17`12512003. atc VOL 5/ PAGE 15 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/048.4 12/2/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 170001 715000 DR Rental - Equipment 1,159.60 01 244011 715000 DR Rental - Equipment 1,159.60 01 304011 715000 DR Rental - Equipment 1,159.60 01 110015 611300 CR Contin enc 3,478.80 Buildin Maintenance, Justice O f Peace Pct. 4, and Consta ble Pct. 4 To allow for the lease of a copier for 10 months. VOL 1 PAGE I i_ PERSONNEL CHANGE OF STATUS page 1 of 1 COURT DATE: December 2, 2003 DEPARTMENT: Personnel PURPOSE: A,grove Personnel Change of Status DEPARTMENT NAME EMPLOYEE NAME ACTION REQUESTED ■■■rr•■■■■■■rrr■■■■■rrrr■■rrrrrr■■■■■rr■■■■■■■■■■■■■■■■■■■■r■r■■■■■■■■■■~ INFORMATION JUNEK, DWAYNE TERMINATION TECHNOLOGY JUVENILE COURT LUNA, AIDA M. REFEREE JUSTICE OF THE PEACE, PCT. 3 HRONEY, BRANDY HEAREN, COURTNEY TRAIL, LINDA A. LEWIS, BARBARA A. MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE SHERIFF'S OFFICE/JAIL EDWARDS, SHAWN EDMUNDSON, JEAN JUVENILE SERVICES PITTMAN, DELLARICK MCKEY, VICTORIA M. SCHUMACHER, REBECCA M. MCKEY, TODD CONERWAY, RONNETTE PICCOLO, BARBARA ODSTRCIL, ROBERT JACOBS, JANETTE STEVENS, JULIA MORALES, PAUL WHITE, MELISSA PROVAZEK, MATTHEW RAMAGE, JULIE RUEDA, LAURA D. TRANSFER TO ANOTHER DEPARTMENT RESIGNATION TRANSFER WITHIN DEPT. AND PROMOTION NEW HIRE - FULL TIME NEW HIRE - FULL TIME MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE MERIT INCREASE BUDGETED STEP INCREASE BUDGETED STEP INCREASE MERIT INCREASE NEW HIRE - PART TIME Approved in Commissioners' Court: December 2 200 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) VOL 5' PAGE I ORDER RELOCATING POLLING PLACE FOR ELECTION PRECINCTS 5A AND 5B WHEREAS, there exists at the present time a certain polling place which cannot be used for the purpose of conducting election; and WHEREAS, the polling place for Election Precinct 5b is located at the New Bethlehem Baptist Church located at 2420 FM 2776, Bryan, Texas; and WHEREAS, the polling place for Election Precinct 5a was combined with Election Precinct 5b and is also located at the New Bethlehem Baptist Church; and WHEREAS, the Commissioner Court of Brazos County, Texas has been notified that the New Bethlehem Baptist Church located at 2420 FM 2776, Bryan, Texas will no longer be suitable for the conduction of elections; and WHEREAS, the District 2 Volunteer Fire Station has agreed to allow the polling place for Election Precinct 5b and 5a to be located in the District 2 Volunteer Fire Station building located at 894 N FM 2038, Kurten, Texas; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: 1. Pursuant to Section 43.031 of the Texas Election Code that the location of the polling place for Election Precinct 5b be located at the District 2 Volunteer Fire Station located at 894 N. FM 2038, Kurten, Texas; and 2. That the polling place for Election Precinct 5a be combined with Election Precinct 5b and be located at the District 2 Volunteer Fire Station located at 894 N. FM 2038, Kurten, Texas; and VOL N PAGE IS. 3. THAT submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. ADOPTED this day of December, 2003 by a vote of 1~AYES and _ NAYS. ATTEST: Randy Sipfs, County Judge Karen McQueen, County Clerk VOL S/ PAGE iq Printed 08/19/03 TEXAS ASSOCIATI Member Name: Brazos county - WC Contract No.: 0210 I1 1 Federal Tax ID 74-6000433 IT IS IMPORTANT THAT Y This work sheet was prepared by: OF COUNTIES 4t-- I C7- 0 COMPLETE THIS ENTIRE FORM Name: r3 I I ~PC~ n-e S Phone: en c\ -3 (.0 Date: b Our records indicate that you have elected to provide the following optional pool coverages: Elected officials Actual Salary Reported Volunteer: lAw Enforcement Annual Salary: $ 5,200 ff the governing body desires changes in the optional coverages currendy in effect, please complete Part A & B and enclose the appropriate paper work. Otherwise, complete part B A. OPTIONAL COVERAGE CHANGES ONLY: 1. ELECTED OFFICIALS Coverage of elected officials is optional, but if you want to include any elected official, you must include all elected officials, and there must be a resolution on file at TAC requesting the coverage. Does you governing body desire this coverage? YES N® 2. VOLUNTEERS Coverage of volunteers is optional, but if you want to include any volunteer in a particular class code.you must cover all volunteers that will fall into that code. For example, if you choose to cover reserve deputies, you must cover volunteer ambulance drivers if applicable because they are both in code 7720V. Volunteer coverage also requires a resolution be on file at TAC. Does your governing body desire coverage of: Volunteer Fire Fighters (77401) YES O Volunteer Law Enforce. or Ambulance (77201) YE ~N~0 Volunteer Hospital Aides (88331) Y Volunteer Clerical (88101) YES NO 3. JURORS AND ELECTION PERSONNEL Coverage of jurors and/or election personnel is optional, but a court resolution must be on file at TAC if coverage is desired. Does your governing body desire coverage of Jurors? YES Does your governing body desire coverage of election personnel? YES NO NOTE: if you choose any of the above coverages you must include the payroll figures on the Renewal Payroll Entry Worksheet. B. POLITICAL SUBDIVISIONS COVERED: Please list by attachment the names of any political subdivisions that are reported in your payroll. For instance, list the names of hospitals, nursing homes, drainage districts, appraisal districts, MHMRs, Meals on Wheels, 911 districts, etc. This will expedite claims processing when an employee of one of those subdivisions files a claim. PWCRWFMS 32189 - WC Renewal 2003 TAWCENOO 410120001 VOL 51 PAGE 20 BRAZOS COUNT) OFFICE OF RISK MA 300 East 26"' Street, Suite 116[ Bryan, Texas 77803 Phone: 409 361 4245, Fax 40f E-Mail: bieanesftco.brazos.txr TO: Randy Sims, County Judge CC: Tony Jones, Commissioner Pct.1 Duane Peters, Commissioner Pct. 2 Kenny Mallard, Commissioner Pct. 3 Carey Cauley, Commissioner Pct. 4 Katie Conner, Auditor FROM: Bill Jeanes, Risk Management SUBJECT: Brazos County Property/ Casualty Insurance Renewal 2003/2004 l0 In June 2003 at Brazos County's request St Paul agreed to renew the Casualty-Property Insurance for an extended period of fifteen months at an increase of not more that six: percent across all coverage. The increased was based on then current property values and vehicle schedule. Commissioners' Court approved the funding for the three months extension in the June 24th Meeting. St Paul has submitted the Renewal Proposal for October 1, 2003 thru October 1, 2004. St Paul has met the six: percent increase ceding and in some cases reduced the premium of some lines of coverage. The two areas that had an increase were Auto and Terrorism. Auto premium increased because there are more vehicles on the vehicle schedule. Terrorism was required to be covered by the Federal Government but since the Federal Government did not set a premium or method of reinsurance, the insurance companies were required to include terrorism coverage with no increase premium until the government could establish a program. The Federal Government now has a program. The Insurance companies must offer terrorism coverage but ft it is declined and act of tervensm occurs the insured will not be eligible to recover damages from the insurance company or the Federal Reinsurance Program. I have reviewed the renewal proposal and the coverage is equal to last year. The Premium for all lines of coverage except terrorism is $389,574.00. The premium for the Terrorism Coverage is $9,208.00. It my recommendation that Brazos County renew with St Paul Insurance. I also recommend that terrorism coverage be included in the renewal. The total to renew all lines of coverage is $398.782.00 St Paul will no longer accept quarterly payments, however since this is a new policy that Brazos County was not aware of prior to renewal, Insurance Network of Texas has offered to do a one-time finance plan. Brazos County will be required to 50 percent the first of December 2003, 25 percent April 1, 2004 and 25 percent July 1, 2004 Please find attached for your signature the renewal forms. NOTE: The budget for is $404,000.00 VOL S1 PAGE 2-1 From:INS NETWORK OF TX, BRYAN 979 260 8429 11/20/2003 14:17 #127 P.026/029 The St. Paul Ms. Carol Amaio Property and Liability Insurance Fax: 210-527-2800 Terrorism Brazos County, Texas Insurance Network of Texas Effective: 10/01/2003 to 10/01/2004 IMPORTANT NOTE: To include terrorism coverage Terrorism coverage will be automatically provided at the additional premiums shown below unless rejected by the insured. If coverage is desired for all lines of business quoted below, no action is necessary. To exclude terrorism coverage If the insured wishes to exclude terrorism coverage: 1. Place a checkmark in the box next to the lines(s) of business where terrorism is to be excluded. PROPERTY/INLAND MARINE/CRIME-COLLECTIVELY MUST BE REJECTED OR ACCEPTED FOR TERRORISM COVERAGE. CANNOT REJECT OR ACCEPT COVERAGE FOR ONE AND NOT THE OTHERS. 2. Sign and date this form. 3. Fax this form to the underwriter prior to the effective date of coverage. Line of Business Option Property Option 1 Inland Marine Option 1 Public Entity General Liability Option 1 Law Enforcement Liability Option 1 Public Entity Management Liability Option 1 Employment Practices Liability Option 1 Automobile Option 1 Signature ?20P 00 11/10/2003 VOL 51 PAGE 26 of 30 Premium Reject $ 941 $ 570 $ 862 ❑ $ 6,137 $ 231 $ 467 $ 0 Insured Cannot Reject Date: a 1 From:INS NETWORK OF TX, BRYAN 979 260 8429 11/20/2003 14:17 #127 P.024/029 The St. Paul Ms. Carol Amaio Property and Liability Insurance Fax: 210-527-2800 ACCOUNT PREMIUM Brazos County, Texas Insurance Network of Texas The following is the premium breakdown for this account. If both Property and General Liability have been quoted, they include a package credit. If both-are not bound, the premiums below do not apply. To bind coverage: Place a checkmark in the box next to the lines of business to be bound, . Indicated the effective date; Sign this form; and Fax this form to the underwriter. PACKAGE POLICY Property $ 55,854 Equipment Breakdown $ 5,775 0 Inland Marine $28,516F-] General Liability $ 52,474 Employee Benefit Plans Administration Liability $ 475 Law Enforcement Liability $ 122,735 Public Entity Management Liability $ 5,38O F Public Entity Employment Practices Liability $ 53,723 F Auto Liability $ 45,631 Auto Physical Damage $ 19,011 ❑ Total Package Premium TBD Taxes, Surcharges, and Fees TBD IMPORTANT NOTE REGARDING POLICY MINIMUM PREMIUM The lines of business shown above are subject to a $5,000 policy minimum premium . If the line(s) of business selected for binding do not total at least $5,000 , then the premiums shown above for those lines of business will be adjusted to total $5,000 . Payment Plan Billing Type: Agency Bill Payment will be due 45 days from the effective month. Example: Effective month is January, 11/10/2003 VOL 61 PAGE al 24 of 30 From:INS NETWORK OF TX, BRYAN 979 260 8429 payment is due March 15. 11/20/2003 14:17 #127 P.025/029 Payment Type: , Full Pay - Full p ment eat inception Service Charge: No Signature: Policy term: 11/10/2003 25 of 30 VOL'51 PAGE ~ RICOH CORPORATION EQUIPMENT LOCATION NAME. BRAZOS COUNTY COURTHOUSE ADDf': 300 EAST 26TH STREET CrrY" BRYAN TX 77803 PREVENTATIVE MAINTENANCE- Unless otherwise spec- ified, is performed in accordance with published Ricoh specifications and may be performed in conjunction with service calls. PARTS REPLACEMENT- Parts are checked for wear and replaced when necessary free of charge (unless otherwise specified). ENGINEERING IMPROVEMENTS- Applicable engineering changes designed to improve performance or reduce downtime are installed at no extra cost REDUCE EXPENSES- One annual invoice reduces your administrative expenses. SEE TERMS ON REVERSE SIDE PARTS/SERVICES COVERED Call: 1-800-327-8349 For Service PARTS/SERVECES NOT COVERED TRAYS, SUPPLIES, ABUSE, COVERS RE-INSTALURELOCATION/DE-INSTALL SERVICES SPECIAL CONDITIONS OR INSTRUCTIONS 1 YEAR MA CONTRACT RENEWAL 300,000 SCAN LIMIT/YEAR FSR # 9220 RETURN TO: DateErrtered 11119/2003 RICOH CORPORATION ATTN:CONTRACT ADMINISTRATION 2405 COMMERCE AVE. S-000 DULUTH, GA. 30096 TEL1-800-291-0521 VICE PRESIDENT, CUSTOMER SERVICE CSG 103C (10190) MAINTENANCE AGREEMENT B- 401563 EFFECTIVE DATES FROM: 12/4/2003 TO- 12/3/2004 INITIAL 0 METER READING: PAGE NO: 1 Of 1 EQUIPMENT I FEE SCHEDULE PRODUCT MODEL SERIAL START METER ANNUAL AMT PRORATTEDD AMT Scnr S450DE P1300500027 347435 $1,06 Scnr IS450DE P1390500133 587418 7 $1,06 Scnr IS450DE P1300100036 116903 $1,06 i Sus- TOTAL $3,180.00 TAX 8.250 $262.35 TOTAL $3,442.35 S IS AN INVOICE - THIS MAINTENANCE AGREEMENT SHALL ONLY BECOME EFFECTIVE DN RECEIPT OF PAYMENT IN FULL FROM CUSTOMER AND RECEIPT OF SIGNED COPY THIS AGREEMENT. THEREAFTER, THE MAINTENANCE AGREEMENT WILL BE UNTERSIGNED AND A CONFIRMED COPY WILL BE RETURNED TO YOU. ENTER PAYMENT TYPE AND NUMBER BILL ro NME BRAZOS COUNTY COURTHOUSE ADDRESS 300 EAST 26TH STREET CITY. STATE. ZIP BRYAN, TX 77803 CONTACT NAYS PHONE NUMBER BRIAN BR MFIEL 979-361-4685 SIGNATU AUTHOR CUSTOME EPRESENTATIVE DA TE - - - - - / / A - L~1 `~'zl 2 VOL 5 I PAGE 1. TERM AND RENEWALS - This Agreement is non-cancelable by Customer during the period of coverage specified on the face of this Agreement. This Agreement may be renewed upon mutually agreeable terms and conditions following the expiration of the term of this Agreement. 2. EMERGENCY SERVICE shall be provided without additional charge during Vendor's normal business hours (8:30 am - 5 pm Monday through Friday, national and Ricoh Holidays excepted). Travel and labor time will be charged at established hourly rates for service rendered at the customer's request after Ricoh's normal business hours. Service is provided beyond normal business hours subject to the availability of service personnel. 3. PARTS REPLACEMENT - Worn or damaged parts will be replaced at no additional charge (with the exception of items NOT COVERED as listed on the face of this Agreement) provided that the wear or damage is not caused by misuse or negligence on the part of the Customer, its employees, agents, or third parties. 4. RECONDITIOIyING - When, in Ricoh's opinion, a shop reconditioning is necessary because normal repair and parts replacement cannot maintain the equipment in satisfactory operating condition, Ricoh will submit a cost estimate of needed repairs which will be in addition to maintenance charges. If the Customer does not authorize such work, Ricoh may immediately terminate this Agreement with respect to such equipment. 5. LIABHdTY - Labor, parts, and other expenses incurred by Ricoh to service or repair equipment damaged by accident, neglect, misuse, fire, water or act of God, power or telephone facilities or failure thereof, failure to maintain Ricoh Site Specifications, failure to perform prescribed Customer Maintenance Routines, or causes other than ordinary use, and services or repairs requested by Customer to alter or rebuild the equipment are not covered by or included under this Agreement, and shall be paid for by Customer at Ricoh's standard rates and prices for labor, parts, and travel. 6. LIMITATION - Maintenance service shall not include-clectrical work external to the r n~t aintenance of accessories, attachments, equipment or devices unless specifically included on the face of this Agreement. 7. SUPPLIES - Ricoh and Customer acknowledge that this Agr nt d r g4rT a er o ase or use Ricoh supplies. If Customer uses other than Ricoh supplies, and such supplies in Ri are f c ' or n p t o roper for use on the Ricoh equipment, and thereby cause abnormally frequent service o e i lems, icoh h e C for such service calls at the Demand Maintenance Rates then in effect, or, is a t ate thi ~e t~ 8. CUSTOMER D FA - 9 r hcsa~dt ay Ri ~t, d u v p nder, cancels the Agreement in violation of paragraph 1 above, or other wise fails: to pe o n ce e s of th Ricoh shall have the right to exercise any one or more of the following remedies: (a) Cancel the Agreement. (b) Chargeback customer for 1 i calls on a time and material basis. (c) Collect from customer can ation charges calculated as follows: (i) $50.00 for agreements of 1-5 units. (ii) $100.00 for agreements of 5-10 units. (iii) $200.00 for agreements with 10 or more units. (d) Collect from customer all costs and expenses, including reasonable attorney's fees which are incurred by Ricoh.. (All remedies are curaulative and may be enforced separately or concurrently and are, in addition to any other rights or remedies, available to Ricoh at law or in equity). 9. TELEPHONE AhM UTILITY CHARGES - Ricoh shall not be responsible for any telephone and utility charges incurred by the Customer when using the Ricoh equipment, or by Ricoh personnel in the course of performing maintenance repair service. 10. LIMITATION F OBLIGATIONS - The sole obligation of Ricoh pursuant to this Agreement shall be to maintain and repair the equipment listed in the Equ pment and Fee Schedule at the time and in the manner set forth herein in accordance with the service and manufacturing specifications adopted from time-to-time by Ricoh. RICOH DISCLAIMS ALL WARRANTIES AND ALL OTHER REPRESENTATIONS IN CONNECTION WITH THE SERVICE AND MAINTENANCE TO BE PERFORMED UNDER THIS AGREEMENT INCLUDING SPECIFICALLY, WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, ANY WARRANTY OR REPRESENTATION OF THE FITNESS OF THE ITEMS OF EQUIPMENT FOR ANY PARTICULAR PURPOSE. 11. MISCELLAMUS - This Agreement is not assignable by Customer, but Ricoh may assign this Agreement or any interest therein, and its assignee may further assign the same. This Agreement, which shall be governed by and construed according to the laws of the State of New York, and constitutes the entire Agreement between the parties relating to the subject matter thereof, and no waiver or modification thereof shall be effective unless the same shall be made in writing signed by an officer of Ricoh. The terms and conditions stated herein constitute the entire Agreement between Customer and Ricoh related to the subject matter hereof. The terms and conditions of this Agreement shall supersede any inconsistent terms and conditions in Customer's purchase orders or other documents unless such purchase orders or other documents have been duly executed by an officer of Ricoh. This Agreement may not be changed or amended without prior written approval of an officer of Ricoh and an authorized representative of the customer. VOL 51 PAGE'(9 INTERLOCAL AGREEMENT BETWEEN COUNTY OF BRAZOS AND COUNTY OF WALKER This agreement is made this 24th day of November, 2003 between the County of Brazos, Texas and the County of Walker, Texas. Pursuant to the authority granted by the "Texas Interlocal Cooperation Act," Chapter 791 Texas Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: WHEREAS, the contract is made under the authority of Sections 791.001- 791.029 of the Texas Government Code; and, WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; WHEREAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal 'authority to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties; and that the division of cost fairly compensates the performing party for the services performed under this contract; The County of Walker, Texas, hereby makes, constitutes and appoints Brazos County its true and lawful purchasing agent for the purchase of various commodities using Annual Contracts (Bids). Brazos County will maintain a listing of Annual Contracts which are available for local entities use. To utilize one or more of these contracts, local entities must advise Brazos County, in writing, their intention to utilize a particular bid. The entity will then advise the vendor(s). Entities shall be responsible for monitoring bid expiration dates and for contacting Brazos County for award information. When requested by Brazos County a list of bids being utilized and dollar amount of annual expenditures for those categories. The County of Walker, Texas agrees that Brazos County shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by Brazos County according to its usual bidding procedures and in accordance with applicable State statutes. VOL 51 PAGE 'd-11 The County of Walker, Texas, agrees that all specifications for selected items shall be as determined by Brazos County. The County of Walker, Texas, agrees to pay the supplier for all goods, equipment and products pursuant to this agreement. The successful bidder or biddOrs shall bill the County of Walker, Texas directly for all items purchased, and the County of Walker, Texas shall be responsible for vendor's compliance with all conditions of delivery and quality of the purchased items. IV. Linda McKenzie, Purchasing Agent, is hereby designated as the official representative to act for Walker County, Texas in all matters relating to this agreement. V. This agreement shall take effect upon execution by both signatories. VI. This agreement shall be in effect from the date of execution until terminated by either party to the agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. BY TIT DATE DATE I I Z ~f'~L 03 B S C NTY WALKER COUNTY BY LE TITLE OUA+ JLU~f VOL 91 PAGE INTERLOCAL AGREEMENT BETWEEN COUNTY OF BRAZOS AND COUNTY OF WALKER This agreement is made this 24th day of November, 2003 between the County of Brazos, Texas and the County of Walker, Texas. Pursuant to the authority granted by the "Texas Interlocal Cooperation Act," Chapter 791 Texas Government Code providing for the cooperation between local' governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: WHEREAS, the contract_is made under the authority of Sections 791.001- 791.029 of the Texas Government Code; and, WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; WHEREAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal" authority to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties; and that the division of cost fairly compensates the performing party for the services performed under this contract; The County of Walker, Texas, hereby makes, constitutes and appoints Brazos County its true and lawful purchasing agent for the purchase of various commodities using Annual Contracts (Bids). Brazos County will maintain a listing of Annual Contracts which are available for local entities use. To utilize one or more of these contracts, local entities must advise Brazos County, in writing, their intention to utilize a particular bid. The entity will then advise the vendor(s). Entities shall be responsible for monitoring bid expiration dates and for contacting Brazos County for award information. When requested by Brazos County a list of bids being utilized and dollar amount of annual expenditures for those categories. The County of Walker, Texas agrees that Brazos County shall serve, as the purchasing agent for selected items, and agrees that the bidding shall be conducted by Brazos County according to its usual bidding procedures and in accordance with applicable State statutes. VOL 51 PAGE The County of Walker, Texas, agrees that all specifications for selected items shall be as determined by Brazos County. The County of Walker, Texas, agrees to pay the supplier for all goods, equipment and products pursuant to this agreement. The successful bidder or bidders shall bill the County of Walker, Texas directly for all items purchased, and the County of Walker, Texas shall be responsible for vendor's compliance with all conditions of delivery and quality of the purchased items. IV. Linda McKenzie, Purchasing Agent, is hereby designated as the official representative to act for Walker County, Texas in all matters relating to this agreement. V. This agreement shall take effect upon execution by both signatories. VI. This agreement shall be in effect from the date of execution until terminated by either party to the agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. BY TITI DA1 WALKER COUNTY BY TITLE Co t&vl -1 r1 DATE 12- 4 2D b3 VOL 51 PAGE 30