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Home My WebLink About2005-09-13-9:00AM-REGULARFILED BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT INS SEP -q A II: 05 c4iY BE7YAN TEXAS ~KA-DEPUTY THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 13 SEPTEMBER 2005 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 Cauley 2. Call for citizen's input and/or concerns. 3. Presentation regarding a proposed letter to be sent by The Research Valley Partnership to the DecisionOne Corporation regarding the termination of a tax abatement agreement and demand for payment of abated taxes. Consider and take action on agenda items 4 - 15: 4. Budget Amendment 04/05-44.1 thru 04/05-44.7 5. Personnel Change of Status. 6. Payment of Claims. 7. Amendment to the Contract for full service computerized indexing, optical imaging systems, and services for vital and real property records dated June 2005. 8. Payment authorization in the amount of $522.00 for renewal of the maintenance contract on the Tax Office's bill counting machine. 9. Reappointment of Mr. Anderson Jones to the Brazos Valley Council of Governments Board of Directors, effective 1 October 2005 - 30 September 2007. Office of the County Judge • 300 East 26" St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 3614503 },d Ss1 / ~ ktY:JG Commissioners Court Agenda 13 September 2005 Page 2 10. Tax Refund Applications for the following: a. Martha L. Baker b. Home Suite Home Inns of America (2) c. Jerry Lee Leonard d. Willie & Rosa Edwards Rouse e. Awin Management, Inc. f. James O'Connell g. Gary Wayne & Sharon Ensign h. Southern Estate Homes, Inc. i. Mario O. & Guadalupe D. Castillo (2) j. Thomas W. & Linda Faubion 11. Permission to award Bid #2005-032 - Cleaning Supplies for the Jail, to Pro Star Industries. 12. Permission to enter the property of E. E. Allen, Jr. located off Peach Creek Road for the purpose of dumping waste dirt from the construction site of the new bridge on Peach Creek Road to control erosion for the health, safety and welfare of the general public. Site is located in Precinct 1. 13. Request from Bryan Texas Utilities to install two (2) utility poles and 380 feet of overhead line in the right of way of Weedon Loop. Site is located in Precinct 3. 14. Request from Verizon Communications to construct 1,874 feet of buried cable installations in the right of way of Elmo Weedon Road at a minimum depth of 30 inches. Site is located in Precinct 3. 15. Freeance Software Maintenance Agreement between TDC Group, Inc. and Brazos County for GIS webpage support. 16. Announcement of interest items and possible future agenda topics. 17. Call for citizen input and/or concerns. 18. Agency / Board / Committee reports by Court members. 19. Adjourn The Braws 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. -7 1 COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 13, 2005 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, September 13, 2005 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; 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 Cauley gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the following spoke: Demetrios Basdekas a) He said that at the recommendation of the County Judge, he talked to local legislators concerning communication and the lack of communication with the state. The Department of public safety has yet to upgrade to the 800 mgh radios. There is sufficient money out there, homeland security money, that could help this situation. He asked the Court to take a leadership role in speaking with legislators about getting this changed so that everyone can communicate effectively. Vol 7a Page ,5 q Commissioners Court meeting September 13, 2005 2 The Court next heard a presentation regarding a proposed letter to be sent by the Research Valley Partnership to the DecisionOne Corporation concerning the termination of a tax abatement agreement and demand for payment of abated taxes. Bob Malaise, representative from the Research Valley Partnership gave the presentation. He said that the letter will put the DecisionOne people on notice that they are in default and that the tax abatement is terminated. The Court next considered Budget Amendment #04/05-44.1 through 44.7 that would reallocate funds for Juvenile Court Referee, Vital Statistics/Preservation, Constable Precinct 3, 272nd District Court, 85th District Court and District Attorney Crime Fund; and increase the budget for Emergency Management. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. A copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, 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: Vol 7 -VI Page Commissioners Court meeting September 13, 2005 3 70010810 through 70010815 and 7010810 through 7010988 On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of an Amendment to the Contract for Full Service Computerized Indexing, Optical Imaging Systems, and Services for Vital and Real Property Records. This amendment is necessary to correct an error on the original contract that misstated the monthly service fee as $3,940.00 when it should have read as $4,340.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the amendment. A copy is attached. The next matter before the Court was approval of a payment authorization in the amount of $522.00 issued to Cummins-Allison Corporation. This is for renewal of the maintenance contract on the Tax Office's bill counting machine. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization and authorized the payment of $522.00 to Cummins-Allison Corporation. Vol ~7a Page 6(0 Commissioners Court meeting September 13, 2005 4 The next matter before the Court was the reappointment of an individual to serve on the Board of the Brazos Valley Council of Governments. On motion by Commissioner Cauley, seconded by the County Judge, the Court voted unanimously to reappoint Anderson Jones to serve on the Board of the Brazos Valley Council of Governments effective October 1, 2005 through September 30, 2007. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Thomas W. & Linda Faubion, Over Payment $9.00 b) Mario & Guadalupe D. Castillo, (2) Over Payment $20.78 and $97.72 c) Sothern Estate Homes, Noble Handy, Over Payment $35.58 d) Gary Wayne & Sharon Ensign, Over Payment $87.96 e) James OConnell, Over Payment $300.00 f) Awin Management, Over Payment $27.92 g) Willie & Rosa Edwards Rouse, Over Payment $95.66 h) Jerry Lee Leonard, Over Payment $222.76 i) Home Suite Home Inns of America (2), Over Payment $1,668.77 & $940.38 j) Martha L. Baker, Over Payment $22.63 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered awarding Bid No. 2005-2032, Cleaning Supplies for the Jail. Pat Howard, Purchasing Agent, recommended acceptance of the bid submitted by Pro Star Industries. On motion by Commissioner Peters, seconded by Vol Page S? Commissioners Court meeting September 13, 2005 5 Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to Pro Star Industries. A copy of the bid tabulation is attached. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of E. E. Allen, Jr. on Peach Creek Road in Precinct 1 to dump waste dirt from the construction site of the new bridge on Peach Creek Road to control erosion. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court next considered the request from Bryan Texas Utilities to install two (2) utility poles and 380 feet of overhead line in the right-of-way of Weedon Loop. The site is located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Bryan Texas Utilities and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Verizon to Vol 1~ Page s8 Commissioners Court meeting September 13, 2005 6 construct 1,874 feet of buried cable installations in the right-of-way of Elmo Weedon Road. The site is located in Precinct 3. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Verizon and authorized the installation. A copy of the request is attached hereto. The next matter before the Court was consideration of the Freeance Software Maintenance Agreement between the TDC Group, Inc. and Brazos County for GIS webpage support. Commissioner Mallard asked if the GIS website would be public. The County Engineer said that it would be and that is what this software is for. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the maintenance agreement. A copy is attached. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) Thanked everyone from Brazos County that volunteered and helped with evacuees from New Orleans. He asked the County Auditor how many housing vouchers we have out whereupon she replied that there were over 300 vouchers out. People are getting compensated for allowing evacuees to stay in housing. The County Judge thanked Vol 70, Page S. Commissioners Court meeting September 13, 2005 Congressman Chet Edwards saying that only two days after talking to the congressman, the FEMA representatives were here to help. Commissioner Mallard a) Said the Christ United Methodist Church has one special needs person who will be out today and Reed Arena has seven left. b) The Court is getting close to closing on the land for the Justice of the Peace and Constable, Precinct 3 location. Under citizen input and/or concerns, the following spoke: Eric Caldwell, Director Information Technology Department a) The State Attorney General's office is coming out to install wireless internet network for child support services. This will be at no cost to the county. b) He is also researching the idea of wireless internet for the law library with funding coming from law library funds. c) He approached Bryan High School with the idea of placing two seniors with IT in a Co-Op Working Program. The students would not be paid but would be there solely for the experience. Steve Koran, Prenatal Clinic a) Will apply to become a Louisiana provider so that they can be reimbursed by Medicaid and if unable to be reimbursed by Medicaid, hoping to be reimbursed by FEMA. 7 Vol I q Page 6 c) Commissioners Court meeting September 13, 2005 Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He attended the Family Practice Residency Board meeting last night and they too are working hard with the evacuees. County Judge a) He is working on a contract for animal control with the cities of Bryan and College Station. 8 There being no further business to come before the Court, the meeting was adjourned. Vol 7 ~ Page ~O / The foregoing minutes of the Commissioners Court meeting held September 13, 2005 have been examined and are approved in open Court this the 'FF- , day of JypVPV~,_be! , 2005, in Bryan, X4~ it Mxl.- Llo Wassermann Commissioner, Precinct 1 Duane Peters Kenny Mall d Commissioner, Precinct 2 Commissione Precinc A3 C&rey Cau~ey, Jr. Commissibner, Preci Attest: r lyy- /GEC Karen McQueen County Clerk Vol I Page ~ ~ Brazos County, Texas. BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 3 2005 AT q.'ooP0XPj Name Organization/Department ~d L _ s U zf~ PA"t J, 4n ~(/v Cc ()L/ " L`~ r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2005 A j- U Name l C n n \X 4k7 S~ Organization/Dep.artment 4F-~1 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-44.1 thru 04/05-44.7 On this the 13" day of September 2005 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, 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 13 September 2005 the Court heard and approved a budget amendment for the 2004-2005 budget year for Brazos County, Texas; and 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 25 August 2004 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 13`" day of September 2005. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 44.1 9/13/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22500100 59100000 CR DDEA 72.00 0100 22500100 61801000 DR Travel 72.00 Juvinile Court Referee: To reallocate funds to cover the shortage in travel line item. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 44.2 9/13/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 21010000 71300000 CR Microfilming 500.00 0100 21010000 67670000 DR Printers 500.00 Vital Statistics/Preservation: To reallocate funds for the purchase of a printer. st ~~hGE 6Z BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 44.3 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30301100 67287000 CR Equipment -Radios 178.00 0100 30301100 65950000 DR Vehicle Maintenance 178.00 Constable Precinct 3: To reallocate funds to cover the shortage in vehicle maintenance line item. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 44.4 9/13/2005 FD DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 22100100 59100000 CR DDEA 800.00 0100 22100100 61801000 DR Travel Ann nn I 1272nd District Court: I I I I I To reallocate funds to cover the shortage in travel line item. ti`s- 071 PACE. 6 7- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 44.5 9/13/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 1355001001 61450000 35500005 DR Misc. Expenditure 70,000.00 10100 1 1 48035200 35500005 CR Federal Emergencv Want. 70.000.00 I ITo increase the budget for Hurricane Katrina sunnort. I I I 0 "'3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 44.6 9/13/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22000100 65450000 CR Office Equipment Maintenance 500.00 0100 22000100 61110000 CR Conference & Seminar Fee 200.00 0100 22000100 61801000 CR Travel 100.00 0100 22000100 60600000 CR Office Supplies 300.00 0100 22000100 61900000 DR Visiting - Court Reporters 1,100.00 85th District Court: To reallocate funds to over the shortage in visiting - court reporters line item. wry{ 1a wa "I1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 44.7 9/13/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3400 45010000 CR Interest 340.00 3400 46055000 CR Misc. - Other 2,210.00 3400 19200100 60600000 CR Office Supplies 45.50 3400 19200100 61110000 CR Conference & Seminar Fee 290.00 3400 19200100 61210000 CR Court Costs 56.00 3400 19200100 61450000 CR Misc. Expenditure 23.59 3400 19200100 61620000 CR Subscriptions & Publications 20.00 3400 19200100 61801000 CR Travel 55.48 3400 19200100 51640000 DR Hourly - Temp- 2,745.57 3400 19200100 53100000 DR Social Security 235.00 3400 19200100 53800000 DR Workers Comp. 60.00 D.A. Crime Fund: To reallocate funds for an hourly-temp. position. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 13, 2005 Department Submitting Information: Human Resources ?ose of Submissions: Consider and Take Action on Chan #5 Department Submitting Employee Request Action Requested Request(s) Applies To SO/Jail Flores, Andrea Resignation Mitchell, Della Resignation Approved in Commissioners' Court: Seatembe County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) -~C Y/ AMENDMENT TO CONTRACT FOR FULL SERVICE COMPUTERIZED INDEXING, OPTICAL IMAGING SYSTEMS AND SERVICES FOR VITAL AND REAL PROPERTY RECORDS DATED JUNE 2005 This Amendment to Contract for Full Service Computerized Indexing, Optical Imaging Systems and Services for Vital and Real Property Records (herein the "Contract") is made and entered into by and between Brazos County, Texas, a political subdivision of the State of Texas, on behalf of its County Clerk (herein referred to as "Client") and Government Records Services now known as ACS/Government Records Management, 2800 West Mockingbird Lane, Dallas, Texas 75235 (hereinafter referred to as "Provider"). WHEREAS, the Provider and Client entered into the Contract for Computerized Indexing, Optical Imaging Systems and Services for Vital and Real Property Records in June, 2005; and WHEREAS, that Contract erroneously referenced a monthly payment amount on Exhibit "A" that was incorrect; and WHEREAS, the parties wish to correct such error. NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS THAT for and in consideration of the mutual benefit to the parties in correcting such error, the parties agree as follows: 1. That the Exhibit "A" attached to the Contract is to be replaced with the Exhibit "A" attached to this Amendment. 2. The Exhibit "A' attached to this Amendment is identical to the Exhibit "A' attached to the Contract except for the cost of the monthly service set forth in Paragraph 11. In the Contract, the monthly cost was $3,940.00 and that figure should have been stated as $4,340.00 In all other respects, the Parties confirm, ratify and affirm the Contract. Executed this 1 1L day of -_<jf0knbe~- , 2005. PROVIDER: ACS/GOVERNMENT RECORDS MANAGEM By: By: Title: CJ D N Rucao-r Date: T/✓G w1 Jo. a ens' Date: CLIENT: Sims, County Judge rAGE O . EXHIBIT "A" PRICING I. Full Service Computerized Indexing: Real Property Records Price Per Instrument Per Month: 1 - 100 Instruments - $3.98 each 101- 200 Instruments - $3.94 each 201- 1,700 hstmments - $3.68 each 1,701 - Up - $1.63 each In the year 2000, Brazos County Clerk averaged paying $7,400.00 per month for Full Service Computerized Indexing for Real Property Records. Monthly prices fluctuate depending on the number of instruments filed in the County Clerk's office each month. Average Monthly Cost $7,400.00 H. Optical Imaging System: Real Property Records and Vital Statistic Records Monthly Cost $4,340.00 Includes the following: 1. Computer hardware, software, hardware upgrades, software upgrades, training, and maintenance. 2. All supplies: Paper, toner cartridges, binders, shelving, cleaning and back-up tapes 3. Digital conversion of imaged Real Property documents to 16mm security microfilm. 4. Installation of DSL, ISDN, or phone line into Brazos County Courthouse and hook-up to hardware. Cost of monthly phone charges for service. 5. Storage of all Brazos County Clerk's security microfilm of Real Property records in temperature/humidity controlled vaults for safekeeping and backup. 6. Storage of Grantee/Grantor indices on magnetic tape for security backup and safekeeping. 7. Monthly and yearly printed Grantee/Grantor indices in alphabetic format. 8. All Real Property images from January 1, 2000 forward will be loaded onto your new system. 9. All Real Property images from January 1, 2000 forward will be maintained on-line at www.Texaslandrecords.com. III. Total Average Monthly Billing - $11,740.00 Full Service Computerized Indexing of Real Property Records, and Optical Imaging System for Real Property Records and Vital Statistic Records SPECIAL NOTE: ACS/Government Records Management is responsible for all hardware maintenance, including but not limited to the backing up of the hard-drive on all equipment leased hereunder. In the event that a hardware component is damaged or not working properly, it is ACS/Government Records Management's full responsibility to replace the damaged component/equipment for the County in the most efficient and timely manner. In the unlikely event that the hard drive of the server is damages, ACS/Government Records Management has the capability to load down all index information and images onto another server and replace the damaged one in the most efficient and timely manner. 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E. Allen, Jr. located off Peach Creek Road for the purpose of dumping waste dirt from the construction site of the new bridge on Peach Creek Road to control erosion for the health, safety and welfare of the general public. Site is located in Precinct 1. SOURCE OF FUNDS: N/A PRESENTATION: SUBMITTED BY: ichard F. Vance, P.E. County Engineer 0005-087 This Request is Approved Date: APPROVED BY: Comm sioner Lloyd Wassermann Precinct 1 (or) Denied by Commissioners Court PAGE _8_ Yves 1%S'yk"' ~rO TY riy tlBRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims Brazos County Judge Lloyd Wassermn Commissioner Pct 7 Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pct 3 Carey Cauley Commissioner Pct 4 DATE: SeptPmher inns 1. LAND OWNER AND ADDRESS: E.L. Allen, Jr.. 18314 Rock Prairie Road College Statigot, Texas 77845 LOCATION OF WORK: Peach Creek Road DESCRIPTION OF WORK TO BE DONE: Permission to enter your property to dump and spread waste dirt from the construction of the new bridge on Peach Creek Road. This dirt will be dumped on your property at your designated location. IV. MAINTENANCE YES - NO X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: will be notified prior to maintenance.) ".Richard F. Vance, P.E. Engh4er-Aide{Fe fight of Way Agent County Engineer( Owner's Signature: Date: la VOCTZ PAGE 91 BRAZOS COUNTY/ COMMISSIONERS' COURT ACTION FORM f DEPA RTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: September 8, 2005 ITEM: Request from Bryan Texas Utilities to install two (2) utility poles and 380 feet of overhead line in the right of way of Weedon Loop. Site is located in Precinct 3. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, 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. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. 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. 5) 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. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: a&~ Richard F. Vance, P.E. County Engineer 0005-088 APPROVED BY: r ~1 L Commissioner 11en y Mallar Precinct 3 This Request is Approved 0 I /Denied ❑ by Commissioners' Court Date: 9Gs/~x7 i Randy SjOs, County Judge VOL $2, PAGE 8'9\ T E August 26, 2005 Brazos County Road & Bridge Attn. Gary Arnold 2617 W. Hwy 21 Bryan, TX 77803 Re: Request to install power line within county right-of-way Mr. Arnold: Inv. #0503R06049 I am requesting to install two poles and two anchors within county right-of-way on Weedon Loop Road. This line will provide power to the C.B. Jones property. I have exhausted all other options with surrounding property owners. Please review the enclosed proposal and call me if I may be of further assistance. Sincerely, Allen Kristof BTU-Line Designer 979-821-5730 380' 00eeXrA'1 ;L 'P'9 le S oss G~ c,+ 3 P. O. Box 1000 Bryan, TX 77805 Phone: 979-821-5700 Fax: 979-821-5795 http://www.btutilities.com VOL '1,2 PAGE 9 3 4 W A y~ Z m a n FTI X m= W D A G O O D 00 z z z O CO p Z f*1 p D I m z m D N O O p rn y O D O A Z ~ 0 r O O O ' O A ~ O :O CD O Z m N ~ j ~ j m Z 0 N W J S !\i ) F 'l s O 1 9 I ail x~ i I f_ti U1 ~ / [TI r i o m -t ~ T 73 \ V l 71 Ul JI 6 C ) iv ) C- I PAGE r- BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: September 8, 2005 ITEM: Request from Verizon Communications to construct 1.874 feet of buried cable installations in the right of way of Elmo Weedon Road at a minimum depth of 30 inches. Site is located in Precinct 3. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, 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. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. 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. 5) 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. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITTED BY: 4&1~ Richard F. Vance, P.E. County Engineer 0005-090 This Request is Date: 0rl3/ APPROVED BY: Commissione nny Mallar Precinct 3 /I Denied ❑ by Commissioners' Court Randy S~, County Judge t'OL q-2- PAGE 05 VERIZON COMMUNICATION Notice of Line Installation September 2, 2005 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: Vedzon will place 1874 feet of buried communications cable along the northwest right-of-way of Elmo Weedon Road. The cable is 1.25 inches in diameter and will be placed 3 feet in the right-of-way between 9149 and 9521 Elmo Weedon Road at a minimum depth of 30 inches. The location and description of this line and associated appurtenances is more fully shown by three (3) 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 Venzon 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 September 28, 2005. VERIZON MMUNICATIONS 5413-3POAOBC Jim Survant Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 VOL )-9 PAGE 96 F E: o° BON 8 1I) i1 fW q lP y ~IWJ .i 'II J °1 P BB CI LL yN apx n + ~ CB r '-2055111 MM- 49A@KC M•282480 1874' 242110 ASP 100-24 [3089.501-550 <PP) [3089.551.575 <PP) %00.76-100 <P% •2055111 ' QC• .°0 f ~ ~W ~n~=y ~v N \1q~_ Nn~n YI N J W~p ppe 6[811 vS~u u n °o ~ Pm J W •20511N 1091.- M•202900 486 24210 R'S 100-26 •2051114 f C3 3M -9a •2001906 - •2a19e6 M41 f M'2a900 1061'2423.10 .F 100-29 C3009.401-5a - •20 M3 'XS3263 021 f WM406 MU. 24=6 W IM-24 lea rn xtpMi6LMO 6t6o5x ao 1 L9E002.%1-HB W 1 ~0p Aaa5qq~-{{MB 03 L~Se0 rFL~1201-1ep NOTE AREA- OBSERVE ALL SAFETY RULES. ~ BEWARE OF GAS PIPELINE CROSSING. LOCATE ALL BURIED TELEPHONE CABLES. DROPS. AND UTILITIES. PLACE CABLE 3 FEET IN R.O.W. WPI 03009.51-150 Vftgq PAGE 39 WARNING NMx1~~rtMM~~Nn~O pFIQ pf ,fqt Cllrl`S~r`NµJiME~MIi ^ IOYI. W40 ro 4N.0 SO M MxIFMR IIHYN MMSS 16 m4M IwWpOIfMPi NN14tlM IOpI'p ympf R1 rAR SKn I IIfO XYN MY tTIM1 IOOIn M ~ Ri®N IVIr! M I®J m Nftlm V M Mx[! ' lef!•fOroRxM VMlfatlR MO P,xm M YRW f ~ l2 ~AMOYM~[l YY 1. ro Mi xvMSwMAI area 1 mr rwex M s mnsn.r mo Mnn Ni[ MroA 0.MY ML41101GU R2 MY rfi ipf xlpM1l M AI WL M 4fb4q M[0416. DIG UP EXISTING 50 PAIR AND 25 PAIR CABLES w ti K DIG SPLICE PIT mg w m 071- 4 N J 6 •3055165 6M%-661-. O J ~yWVp00FMxi]600~~1 gm to, y mMF L ri~w~ n N n lf N sz em SH OR b LLLLQ ~VP1 u N ~ Pi+ s' ~n a m u na rSS~ - J n N _ _ L-110 /2055111 WP1+ <3POAOSC> M-282480 1871' 2423.10 ASP 100.24 C3089.501.550 <PP> C3089.551-575 <PP> X00.76-126 <PP> rea g •2055111 + %-CONN BO% NOTE AREA- OBSERVE ALL SAFETY RULES. LOCATE ALL BURIED TELEPHONE CABLES. CROPS. AND UTILITIES. PLACE CABLE 3 FEET IN R.O.W. ELMO WEEOON LITESPAN 975 AREA FLLE. WP2 VOL 1° PAGED FREEANCE SOFTWARE MAINTENANCE AGREEMENT THIS SOFTWARE MAINTENANCE AGREEMENT (this "Agreement") is entered into between TDC Grout), Inc. ("Supplier"), having its principal office at 211 South Main Street. Suite 220, Dayton OH 45402, and the organization or company identified at the end of this Agreement ("Customer"). Introduction Supplier licenses the software program known as Freeance, referred to as the "Programs." An End-User License Agreement separately signed by the parties grants Customer a license to the Programs. Supplier and Customer agree as follows Section 1. Software Maintenance Services 1.1 Supplier agrees to provide to Customer corrected or modified versions of the Software Product in the form of fixes and further releases that Supplier makes generally available to end-users. Supplier may charge an additional commercially reasonable fee for versions in which platform upgrades, substantial additional functionality or improved performance are provided. 1.2 Such modifications, when delivered and installed, shall become part of the Software Product and shall otherwise be subject to all of the terms of the License Agreement. Section 2. Error Correction Services 2.1 Supplier shall use reasonable commercial efforts to correct or provide a usable work-around solution for any reproducible material error in the Programs, within a reasonable period of time. If Supplier, in its discretion, requests written verification of an error or malfunction discovered by Customer, Customer shall promptly provide such verification, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Programs fails to perform. An error or malfunction shall be "material" if it represents a nonconformity with Supplier's current published specifications for the Programs that interferes with the usability of the Programs. Supplier is not obligated to fix errors that are not material. Upon request, Customer shall provide Supplier remote access to Customer's computer system for the purpose of remote diagnostics. 2.2 Customer shall pay Supplier at Suppliers then current time and material rates for work of Supplier spent investigating an error or malfunction that Supplier reasonably determines to have been caused by a modification to the Programs not made nor authorized by Supplier. Section 3. Telephone Support 3.1 Supplier shall, during the hours of 8:30 am. to 5:00 p.m. in Eastern time zone on weekdays (exclusive of holidays), make reasonable telephone support available to Customer's Project Leader and other personnel of Customer who have been trained by Supplier in the use of the Programs. Supplier reserves the right to require V0 0a PAGE qV Section 4. Delivery 4.1 In order to satisfy any delivery obligation, Supplier may, at its option, send to, have delivered to or email to Customer corrected Program(s) or "patches" in electronic, CD-ROM or magnetic form a copy of any modification, error correction, fix, or release to the Programs provided pursuant to this Agreement, together with installation instructions. Section 5. Fees for Services 5.1 Customer shall pay Supplier a fee of 2000, for one year of Software Maintenance and Error Correction Services under this Agreement. Yearly extensions will be available from year to year thereafter at Supplier's then applicable fee. All such fees are payable in advance. 5.2 Unless Supplier agrees otherwise in writing, the Software Maintenance and Error Correction Services for any Software Product may not be extended to more than 90 days plus four years. Unless extended, this Agreement shall terminate and expire. If this Agreement as to any Software Product has expired, Customer may reinstate support and maintenance only by payment of the then applicable fee plus the then applicable reinstatement Fee. 5.3 Where this Agreement requires Customer to pay an additional time and materials, hourly, or per diem charge, such charge shall be billable to Customer at Supplier's then current rates. 5.4 Customer agrees to pay when due (or, if necessary, reimburse Supplier for) any applicable sales, use, property, excise, VAT, and other similar taxes. A monthly interest charge at the rate of one and one-half percent (1/2%) or the maximum legal rate, whichever is less, will be assessed on all payments more than thirty (30) days past due. Section 6 Intellectual Prouertv 6.1 The modifications to the Programs, including all intellectual property rights associated therewith, made or provided by Supplier pursuant to this Agreement, whether alone or with any contribution from Customer or its personnel, shall be owned exclusively by Supplier and its licensors. Section 7 Limited Warranty; Disclaimers 7.1 Supplier warrants that it will render services under this Agreement in a professional manner. As Supplier's sole responsibility and Customer's exclusive remedy in the event of any material failure to meet such standard, Supplier shall make a reasonable effort to remedy any resulting discrepancies. Any claim based on the foregoing warranty must be submitted in writing in accordance with Supplier's standard procedures within ninety (90) days after delivery or the date of required delivery of the such service. 7.2 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SUPPLIER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ITS SERVICES, ANY PROGRAMMING, OR ANY RESULT OF SOFTWARE USE. SUPPLIER SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VOM FGGE9'/ Section 8 Limitation of Liability 8.1 The aggregate liability of Supplier (including its subcontractors and suppliers) for all claims, whether in contract, tort (including negligence and product liability), or otherwise, arising out of, connected with, or resulting from any performance or nonperformance hereunder shall not exceed the fees allocable to the services that give rise to the claim In no event shall Supplier be liable for any incidental, consequential, indirect, or special damages, including, without limitation, damages for loss of revenue, cost of capital, claims of customers for service interruptions or failure of supply, and costs and expenses incurred in connection with alternate repairs and correction services. Section 9 Term 9.1 This Agreement shall commence on the date when Supplier's acceptance, as set forth at the end of this Agreement, which will occur only after the applicable initial fee has been paid. Unless sooner terminated in accordance with this Section, this Agreement shall continue in effect for one (1) year and thereafter shall automatically renew for successive renewal terms of one (1) year each, unless and until either parry elects to terminate this Agreement upon expiration of the term (either initial or renewal) then in effect by giving notice of its intention at least sixty (60) days prior to the date of such expiration. 9.2 In addition to its termination rights set forth in Section 11.1 hereof, Supplier may terminate this Agreement by giving written notice of termination to Customer upon the occurrence of any of the following events: 1. Customer defaults in the performance of any material requirement or obligation created by this Agreement or the License Agreement and such default is not cured within the applicable cure period; 2. Customer fails to make any payment to Supplier within thirty (30) days of its due date under this Agreement; 3. Customer ceases business operations. is the subject of any state or federal bankruptcy, insolvency, or similar proceeding, becomes insolvent, or makes an assignment for the benefit of creditors or a receiver is appointed for a substantial part of Customer's assets or becomes unable to pay its debts when due; 9.3. No termination of this Agreement shall release Customer from any obligation to pay Supplier any amount that has accrued or become payable at or prior to the date of termination. Section 10 Miscellaneous 10.1 The date on which Supplier's obligations are required to be fulfilled will be extended for a period equal to the time lost by reason of any delay arising directly or indirectly from acts of God, unforeseeable circumstances, or any other cause beyond Supplier's reasonable control. 10.2 Any notice to a party required or permitted hereunder shall be sufficiently given only when provided in writing, and either personally delivered or sent via certified or registered mail to the party's address indicated herein. Customer shall promptly give Supplier notice of any address change. 10.3 A failure by either party to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement. 10.4 This Agreement shall obligate and benefit the parties, their personal representatives, heirs, successors, and assigns. Supplier may assign all or any part of this Agreement, but no assignment or transfer of any interest in this Agreement (including sublicenses, pledge, security interests, and the like) may be made by Customer without the prior written consent of Supplier. VOL 9a PAGE '7°;i 10.5 The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect. 10.6 This Agreement is the entire agreement of the parties, and supersedes all prior agreements and communications, whether oral or in writing, between the parties with respect to the subject matter of this Agreement. No amendment or modification of this Agreement shall be effective unless made in writing and signed by Supplier and Customer. 10.7 This Agreement shall be governed by and construed under the laws of the State of Ohio. [SUPPLIER]. Name and Title: Charles J. Brideman. Jr. Vice President Address: 211 S. Main Street. Suite 220 Dayton. OH 45402 Phone: (937)461-2000 Fax: (937) 461-2150 Email: cbridgman@tdc-ffoup.com Supplier Accepted-on Date: CUSTOMER: _Brazo County TX Person or Co pony e By: / Name and T' e: RGnO(( C?~vt bi ar Q' Address: -9(.,tL 51~Svr I1~ ~niCn. TX -7w&R Phone: (.495).3(eI-U(7Z Fax: Lgi 7ri ) 3(0 ] - 493 Email: r, rKs e. do. brc z x , I7, u$ VOL q a PAGE