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HomeMy WebLinkAbout2005-09-20-6:00PM-REGULARFILED t,~05 Sp 1 5 P 3: 03 BRAZOS COUNTY., ---.,,,)UNfycLERK p,1r,5 6 i Y.6RYA1i.TEXAS BRYAN, TEXAS Il t DEPUTY NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 20 SEPTEMBER 2005 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -18: 3. Budget Amendment 04/05-45.1 thru 04/05-45.11 4. Personnel Change of Status. 5. Payment of Claims. 6. Order authorizing the Issuance of Brazos County, Texas Certificates of Obligation, Series 2005, and other matters related thereto. 7. Order authorizing the Issuance of Brazos County, Texas Limited Tax General Obligations Bonds, Series 2005; authorizing execution of a payment agent/registrar agreement; and approving all other matters related to issuance of the bonds, including immediate effectiveness. 8. 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. 9. Proposed changes to the Brazos County Travel Policy, increasing the daily amount allowed for meals to $36.00, and for mileage to $0.405/mile. Office of the County Judge • 300 East 26" St. • Suite 114 • Bryan, Texas 77803 Fax: (979) 361-4503 7o~ 137 Commissioners Court Agenda 20 September 2005 Page 2 10. Renewal of the Maintenance Agreement with Peak Technologies for coverage of the Printek printers used in the Sheriffs Office, Voter Registration and Personnel. Term of agreement is 1 October 2005 thru 30 September 2006. 11. Tax Refund Applications for the following: a. Thomas C. & C. Ann McAlear b. Washington Mutual Bank c. Colin M. McDonough, M.D. d. David L. & Dianna M. Bilhartz e. Pontalba Ventures, Ltd. f Brenda Gay Kirkpatrick g. James L. Bullard, DBA: Latitudes, Inc h. Rachel Thomas i. Elizabeth Ann Miller 12. Payment authorization in the amount of $1260.00 to Texas A&M University Department of Psychology for psychological tests administered to prospective employees for the Brazos County Jail. 13. Payment authorization in the amount of $347.93 to Ike's Small Engines. Charges exceeded the amount available on the purchase order. 14. Payment authorization in the amount of $1721.93 to Autobody Specialties, Inc. for storage of a vehicle during a D.P.S. investigation. 15. Payment authorization in the amount of $1584.00 to Phil Thweatt Wrecker Service for storage of a vehicle during a D.P.S. investigation. 16. Approval of the Commissioners Court minutes for the following dates: a. 3 May 2005 b. 3 May 2005 c. 10 May 2005 d. 17 May 2005 e. 24 May 2005 f 31 May 2005 g. 31 May 2005 Regular Meeting Workshop Regular Meeting Regular Meeting Special Meeting Regular Meeting Workshop h. 7 June 2005 i. 14 June 2005 j. 21 June 2005 k. 21 June 2005 1. 21 June 2005 m. 28 June 2005 Regular Meeting Regular Meeting Regular Meeting Public Hearing Workshop Regular Meeting 17. Acceptance of a Special Warranty Deed from Tracy Ray Peters and wife, Mary Elizabeth Peters for improvements to Elmo Weedon Road located in Precinct 3. 18. Permission to enter Anthony Emola's property located off Rabbit Lane for the purpose of correcting erosion caused by washout of a county ditch for the health, safety and welfare of the general public. Site is located in Precinct 2. 19. Announcement of interest items and possible future agenda topics. 20. Call for citizen input and/or concerns. f~a , 68 Commissioners Court Agenda 20 September 2005 Page 3 21. Agency / Board / Committee reports by Court members. 22. Adjourn The Brazos Center is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. qa 137 COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 20, 2005 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos Center 3232 Briarcrest Drive, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, September 20, 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 Mallard gave the invocation and led the pledge of allegiance. Under citizen input/and or concerns the County Judge introduced Tucker Anderson from Calvert who is running for congress. The Court next considered Budget Amendment #04/05- 45.1 through 45.11, which would reallocate funds for the TJPC-G Progressive Sanctions 1-2-3, District Clerk, Sheriff-Administration, County Court at Law #2, 272nd District Court, Constable, Precinct 3, County Court at Vol q a Page Ho Commissioners Court meeting September 20, 2005 2 Law # 1 (3), Tax Office, and Constable Precinct 1. 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 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 change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7010800 through 7010809 and 7010989 through 7011289 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was to consider Adopting an Order Authorizing the Issuance of Brazos County, Texas Certificates of Obligation, Series 2005 in the amount of $2,750,000, and other matters related thereto. Bill Newman went over the information in the packet that was distributed to the Court. He said there were a total of 11 bids. On Vol 7 a Page 141 Commissioners Court meeting September 20, 2005 3 motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt the Order Authorizing the Issuance of Brazos County, Texas Certificates of Obligation, Series 2005 in the amount of $2,750,000, and other matters related thereto. The Court proceeded to consider adopting an Order Authorizing the Issuance of Brazos County, Texas Limited Tax General Obligation Bonds, Series 2005 in the amount of $10,500,000; authorizing the execution of a payment agent/registrar agreement and approving all other matters related to issuance of the bonds including immediate effectiveness. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to adopt an Order Authorizing the Issuance of Brazos County, Texas Limited Tax General Obligation Bonds, Series 2005 in the amount of $10,500,000. Coastal Securities Corporation was the purchaser on both the CO's and the bonds. The next matter before the Court was a proposed letter to be sent by the Research Valley Partnership (RVP)to the DecisionOne Corporation concerning the termination of tax abatement and demand for payment of abated taxes. Bob Malaise with RVP went over the letter that requests that abated taxes be paid. On motion by Commissioner Mallard, seconded by Vol qQ1 Page I q a- Commissioners Court meeting September 20, 2005 4 Commissioner Peters, the Court voted unanimously to approve the letter. The Court proceeded to consider the proposed changes to the Brazos County Travel Policy. The changes affect the per diem allowance and the mileage reimbursement. The per diem allowance would now be $36 per day while the mileage reimbursement increases to $0.405/mile. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the proposed changes to the Brazos County Travel Policy. A copy is attached. The next matter before the Court was the renewal of the Maintenance Agreement with Peak Technologies for coverage of the Printek printers used in the Sheriff's Office, Voter Registration and Personnel. The term of the agreement is from October 1, 2005 through September 30, 2006 at a cost of $1,293.48. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to renew the Maintenance Agreement with Peak Technologies. A copy is attached. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Thomas C. & C. Ann McAlear, payment in error $112.83 Vol 9 a Page I ti-,~ Commissioners Court meeting September 20, 2005 b) Washington Mutual Bank, Over Payment $61.77 c) Colin M. McDonough, M.D., Over Payment $34.29 d) David L. & Dianna M. Bilhartz, Over Payment $19.36 e) Pontalba Ventures, Ltd., Over Payment $162.24 f) Brenda Gay Kirkpatrick, Over Payment $27.42 g) James L. Bullard, DBA: Latitudes, Inc., Over Payment $62.22 h) Rachel Thomas, Over Payment $62.37 i) Elizabeth Ann Miller, Over Payment $6.86 5 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of a payment authorization in the amount of $1,260.00 issued to Texas A&M University Department of Psychology for psychological tests administered to prospective employees for the Brazos County Jail. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter before the Court was approval of a payment authorization in the amount of $347.93 issued to Ike's Small Engine Repair. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter before the Court was approval of a payment authorization in the amount of $1,721.00 issued to Autobody Specialties, Inc. This was for the storage of a Vol q a Page ) ~4 Commissioners Court meeting September 20, 2005 6 vehicle during a D.P.S. Investigation. Commissioner Peters said that the District Attorney's Office has changed procedures so that this does not happen again. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the payment authorization. The next matter before the Court was approval of a payment authorization in the amount of $1,584.00 issued to Phil Thweat Wrecker Service. This was for the storage of a vehicle during a D.P.S. Investigation. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered approval of the minutes of the Commissioners' Court meetings held in May and June 2005 on the following dates: Regular Meetings May - 3rd, loth, 17th, 31st June - 7th, 14th, 21st, 28th Workshop Meeting May - 3rd, 31st June - 21st Public Hearing June - 21st On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the minutes as submitted. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Elmo Weedon Road in Precinct 2. The County Judge moved to accept on behalf of Brazos Vol qa. Page 14 S Commissioners Court meeting September 20, 2005 7 County a Special Warranty Deed from Tracy Ray Peters and wife Mary Elizabeth Peters for the expansion and improvements to Elmo Weedon Road. Commissioner Cauley seconded the motion. Commissioners Wassermann, Mallard, Cauley and the County Judge voted "Aye". Commissioner Peters abstained because he is related to the Peters. The motion carried. 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 Anthony Emola on Rabbit Lane in Precinct 2 to correct erosion caused by the washout of a county ditch. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He met with the Intergovernmental Committee on Monday and they discussed a resolution seeking the new George W. Bush Library. There was a presentation on Northgate safety by Rosie Saenz, Chris Peterson on trying to get a federal Court in this area. Vol 7 2, Page ) 4 In Commissioners Court meeting September 20, 2005 8 There was an update on Easterwood Airport in which they trying to see if it is more cost effective to buy tickets or drive to Houston. County Judge a) The EOC is open again to set up schedules in case of a hurricane. b) He met with the Research Valley Partnership and a new business is very close to signing in the old DecisionOne location. The business should bring in 850 new jobs complete with benefits. There being no further business to come before the Court, the meeting was adjourned. Vol q a- Page ► ` J The foregoing minutes of the Commissioners Court meeting held September 20, 2005 have been examined and are approved in open Court this the '54- day ofNL~,VZn=ber 2005, in Bryan, Brazos County, Texas. Randy S' s Lloyd Wassermann Count Judge Commissioner, Precinct 1 Duane Peters Kenny Mal a d Commissioner, Precinct 2 Commission Precin t 3 Attest: Kdren McQueen County Clerk 7a I49 r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2005AT.- 14 it l C6~rww► , t 141 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2004-2005 BUDGET YEAR NO. 04/05-45.1 thru 04/05-45.11 On this the 201h 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 20 September 2005 the Court heard and approved a budget amendment for the 2004-2005 budget year for Brazos County, Texas; and r~ 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 20`h 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 - 45.1 9/20/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 318400 60350000 31840500 CR Food & Food Supplement 200.00 3000 318400 71520000 31840500 CR Rental - Vehicles 284.00 3000 318400 72157000 31840500 CR Counseling Services 1,155.00 3000 318400 51620000 31840500 DR Hourly - Overtime 1,340.00 3000 318400 53100000 31840500 DR Social Security 123.00 3000 318400 53200000 31840500 DR Retirement 176.00 TJPC-G-Pro ressove Sanctions 1-2-3: To reallocate funds to cover the salaries and benefits of overtime pay. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 45.2 9/20/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 20000100 59100000 CR DDEA 1,400.00 0100 20000100 61801000 DR Travel 900.00 0100 20000100 60170000 DR Covier/Printer Supplies 500.00 I . ITo reallocate funds to cover the expected expenditure in copier/printer supplies and travel. I I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 45.3 9/20/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin enc 30 000 00 0100 28000100 65350000 DR Gasoline Vn nnn nn , . Sherifrs Department- Admin.: To provide funds for gasoline line item due to the increased gasoline nrice 153 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 45.4 9/20/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23100100 61620000 CR Subscriptions & Publications 74.20 0100 23100100 61500000 DR Printing 46.00 0100 23100100 65200000 DR Copier Maintenance 28.20 Coup Court At Law #2: To reallocate funds to cover the expected expenditure in vrintine and copier maintenance. ~~?Pfi'~~ IS4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 45.5 9/20/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22100100 60600000 CR Office Su lies 75.00 0100 22100100 52500000 DR Contract Services 75.00 1 1 272nd District Court: To reallocate funds to cover the expected expenditure in contract services. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 45.6 9/20/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30301100 61110000 CR Conference & Seminar Fee 100.00 0100 30301100 60080000 CR Clothin niforms 144.00 0100 30301100 65200000 CR Copier Maintenance 79.00 0100 30301100 61280000 CR Dues 100.00 0100 30301100 65320000 CR Equipment - Maintenance 25.00 0100 30301100 60620000 CR Postage 63.00 0100 30301100 61500000 CR Printing 6.00 0100 30301100 67287000 CR Equipment - Radios 20.00 0100 30301100 61801000 CR Travel 300.00 0100 30301100 65350000 DR Gasoline 837.00 Constable Pct. 3: To reallocate funds to cover the shortage in gasoline line item. I ~z 16L BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 45.7 9/20/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23000100 59100000 CR DDEA 1,345.00 0100 23000100 52500000 CR Contract Services 300.00 0100 23000300 61900000 DR Visiting -Court Reporters 1,645.00 CCL #1 - Staff Support: To reallocate funds from CCL #1 - Admin to cover the shortage in visiting court reporters. °'/2<'aC1` 15 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 45.8 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23000300 61110000 CR Conference & Seminar Fees 300.00 0100 23000300 61801000 CR Travel 600.00 0100 23000200 61110000 DR Conference & Seminar Fees 900.00 CCL #1 - Judicial Support: To reallocate funds from CCL #1 - Staff Su ort to cover the shortage in conference & seminar line item. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 45.9 9/20/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23000200 61931000 CR Visiting Judges 800.00 0100 23000100 60170000 DR Co ier/Printer Supplies 200.00 0100 23000100 61490000 DR Petit Jury Expense 200.00 0100 23000100 60600000 DR Office Su lies 50.00 0100 23000200 61110000 DR Conference & Seminar Fees 200.00 0100 23000300 61900000 DR Visiting - Court Reporters 150.00 County Court At Law #1: To reallocate funds among divisions to cover the shortage or anticipated expenditure in various line items. 9d s:_. i 159 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 45.10 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 0100 13000100 67285500 CR T ewriters 100.00 0100 13000100 65200000 DR Copier Maintenance 100.00 Office: I ITo reallocate funds to cover the expected expenditure in copier maintenance line item. I I ~7_a_ &0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 04/05 - 45.11 9/20/2005 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contin enc 1,000.00 0100 30101100 65350000 DR Gasoline 1,000.00 I (Constable Pct. 1: 1 1 1 1 1 ITo provide funds for gasoline line item due to the increased easoline price. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 20, 2005 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on i Department Submitting Employee Request Action Requested Request(s) Applies To County Auditor Tates, William Resignation Brazos Center Schmidt, Jordan Resignation Alanis, Jorge New Hire District Clerk White, Belinda Resignation Oehlert, Tanya Transfer within Dept. Road and Bridge Garcia, Edward Resignation SO/Jail Madden, James New Hire Approved in Commissioners' Court: September 20, 2005: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) CERTIFICATE FOR ORDER We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County") hereby certify as follows: 1. The Commissioners Court of the County (the "Commissioners Court") convened in regular session, open to the public, on September 20, 2005, at the designated meeting place (the "Meeting"), and the roll was called of the members, to wit: Randy Simms, County Judge, and the following members of the Commissioners Court: Lloyd Wassermann, E. Duane Peters, G. Kenny Mallard, Jr., and Carey Cauley, Jr. . ` All members of the Commissioners Court were present, except thus constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written ORDER AUTHORIZING THE ISSUANCE OF BRAZOS COUNTY, TEXAS LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2005; AUTHORIZING EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING ALL OTHER MATTERS RELATED TO ISSUANCE OF THE BONDS, INCLUDING IMMEDIATE EFFECTIVENESS (the "Order") was duly introduced for the consideration of the Board. It was then duly moved and seconded that the Order be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Order prevailed and carried by the following vote: YES: 5~ NOES: 0 ABSTENTIONS: 0 . 2. A true, full, and correct copy of the Order adopted at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Board's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Board's minutes of the Meeting pertaining to the adoption of the Order; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Board as indicated therein; each of the officers and members of the Board was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. e ie-C4< ~ 3. Karen McQueen is the duly agpeieted and acting County Clerk of the County. SIGNED AND SEALED 20th day of September, 2005. Coun Clerk (SEAL) rn San Antonio 1\14808\2 41365-1 9/19/2005 r CERTIFICATE FOR ORDER We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County") hereby certify as follows: 1. The Commissioners Court of the County (the "Commissioners Court") convened in regular session, open to the public, on September 20, 2005, at the designated meeting place (the "Meeting"), and the roll was called of the members, to wit: Randy Simms, County Judge, and the following members of the Commissioners Court: Lloyd Wassermann, E. Duane Peters, G. Kenny Mallard, Jr., and Carey Cauley, Jr. WA- thus All members of the Commissioners Court were present, except constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written ORDER AUTHORIZING THE ISSUANCE OF $2,750,000 "BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2005" AND OTHER MATTERS RELATED THERETO (the "Order") was duly introduced for the consideration of the Board. It was then duly moved and seconded that the Order be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Order prevailed and carried by the following vote: YES: 6- NOES: _ 0 ABSTENTIONS: 0 2. A true, full, and correct copy of the Order adopted at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Board's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Board's minutes of the Meeting pertaining to the adoption of the Order; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Board as indicated therein; each of the officers and members of the Board was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. eI' clc 3. Karen McQueen is the duly and acting County Clerk of the County. SIGNED AND SEALED 20th day of September, 2005. e Coun Clerk (SEAL) San Antonio 1A14807\1 41365-1 9/14/2005 BRAZOS COUNTY BRYAN,TEXAS Amendment to the Brazos County Travel Policy This amendment increases the following items: 1. The Daily Amount Allowed for Meals to $36.00 2. The Amount Allowed for Mileage to $0.405/mile. APPROVED: Sims, County Judge date Office of the County Judge • 300 East 2e St. . Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 'ii a. PAGE J~n~ POLICY AND PROCEDURES FOR COUNTY TRAVEL AND REIMBURSEMENT BRAZOS COUNTY, TEXAS THE PURPOSE OF THIS POLICY AND RELATED PROCEDURES IS TO ESTABLISH AND STANDARDIZE AUTHORITY FOR USE OF COUNTY RESOURCES TO PAY FOR TRAVEL RELATED EXPENSES FOR BRAZOS COUNTY EMPLOYEES. THE FOLLOWING POLICY ADOPTED BY THE BRAZOS COUNTY COMMISSIONERS COURT ON THIS THE 8' DAY OF JUNE, 1995 TAKES THE PLACE OF ANY PREVIOUS COUNTY TRAVEL POLICY ADOPTED BY ANY PREVIOUS COMMISSIONERS COURT. THE EFFECTIVE DATE OF THIS POLICY IS THE 6TH DAY OF JUNE, 1995. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONERS' COURT ON FEBRUARY 17,1998. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON AUGUST 1st, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 5th, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON FEBRUARY 11th, 2003. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON SEPTEMBER 20TH, 2005. This policy and related procedures replaces all previous policies and procedures. It explains Brazos County's policy relevant to the authorization of travel and the reimbursement of expenses incurred incidental to travel. Section 152.011 of the Texas Local Government Code gives the Commissioners' Court the authority to set travel expense and other allowances for all County officials and employees. This policy is to be viewed as an "accountable plan", and therefore satisfies the reporting and documentation conditions established by the Internal Revenue Code of 1986 as Amended (i.e. § 162 and §274 and Treasury Regulations 1.62.1 to 1.62.6). BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES A. GENERAL DEFINITIONS 1. Accountable Plan - a plan under which an employee is reimbursed for expenses or receives an allowance to cover expenses. The following four conditions must be satisfied: a. There must be a County business purpose for the expenses, b. The employee must clearly state and properly support that there was a business purpose for the expense, c. The employee must substantiate that the expense was incurred by providing documentation or be deemed to have documented the reimbursed expenses, and, d. The employee is required to return (i.e. with advances) to the County any amounts received in excess of documented expenses. 2. Actual Expenses - the actual cost of any allowable travel expenses supported by proper receipts and/or statements. 3. Auditor - the County Auditor and/or his designated staff. 4. Authorization - a recognized approval level that requests the County Treasurer to encumber funds for approved travel purposes. An approval level is the signature of the elected official, department head or employee authorized to approve claims for the department. This authority is established by filing Brazos County Form-349 with the County Auditor's office. 5. Official County Business - a business function in which County employee(s) are participating, and which is recognized by the Commissioners' Court as being official business of Brazos County. 6. Duty Point - the primary place of employment, i.e. courthouse, road and bridge, tax office, etc. 7. Traveling County Employee - an elected official, a department head, or a person employed in the direct service of an elected official or department head who is traveling on official County business. 8. In-County Travel - travel that takes place within the confines of the legal boundaries of Brazos County, and where the primary end destination of the travel is within these same boundaries. 9. Out-of-county Travel - any travel that has a primary end destination outside the established legal boundaries of Brazos County. 10. Out-of-state Travel - any travel that is undertaken which has a primary end destination outside the established legal boundaries of the State of Texas. 11. Educational Travel - out-of-County travel that is undertaken by County employees for approved education seminars, conferences and meetings. Travel & Reimbursement Revised 9-05.doc / ~ 2 ' 9/15/2005 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES 12. Law Enforcement Travel - travel expenses incurred by County law enforcement personnel for the explicit purpose of transporting prisoners and/or probationers, collection of evidence, and other travel directly attributable to official County business. 13. Travel Expenses - transportation (airline fares, personal auto, public transportation, parking, and taxi), meals, lodging, and incidental expenses associated with traveling on official County business. 14. Travel Expense Forms - all forms so designated by the Auditor's office to be used to report actual and estimated travel expenses for official County business. These forms are to be submitted to the Auditor's office for reimbursement and/or documentation for advances with regards to travel expenses. 15. Direct Billing - a pre-arranged billing, established for a County employee with a lodging facility at which they plan to stay when away from their place of employment overnight on County business. Direct Billing is arranged by the Auditor's office with the intent being the reduction of the employee's financial responsibility for costs associated with travel on County business. 16. Incidental Expense - a necessary and reasonable expense incurred by a County employee while traveling on official County business. This does not include transportation, meals, lodging, tips, gratuities, alcoholic beverages, laundry or in-room video rental. 17. Mileage - the distance from a duty point to a destination. As noted in the following procedure, the County will follow the State Mileage guide in Appendix A when applicable. 18. Mileage Rate - the rate of reimbursement established by the Commissioners' Court in December of each calendar year for use of a personal automobile while on Countv business. 19. Meal Expense - limited to $30.00 a day for meals, if an employee is away from their duty station overnight. 20. Host Hotel - "preferred room rates" negotiated by a sponsor for participants of a conference, seminar or continuing education training, at or near the program site. Travel & Reimbursement Revised 9-05.doc u 3 9/15/2005 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES B. GENERAL POLICY STATEMENT All reasonable and necessary travel by County employees for which a departmental budget has been established, and for which the department has funds remaining in the budget, and for which the travel is required in order for the employee to conduct County business is authorized. County officials and department heads are expected to plan out-of-County travel for themselves and their employees to achieve maximum economy and efficiency. All County reimbursed travel must be for official County business only. It is the responsibility of the County official and/or department head to see that all Out-of-County travel expense forms are properly completed, documented, signed and forwarded to the County Auditor's office within fourteen (14) calendar days of the travel return date. In-County mileage reimbursements may be submitted on a monthly basis. C. IN-COUNTY TRAVEL In the process of conducting County business, employees may be required to travel to locations within the County, but away from their normal duty station. If the employee incurs expenses incidental to such travel, the employee is required to obtain authorization from the department head for such expenses. If the anticipated expenditure will be in excess of $25.00, the department head may request a travel advance (Form 203-13C) and secure the Commissioners' Court approval before any expense is incurred. Employees are expected to report the shortest distance between destinations for all travel. The County will not reimburse for personal mileage or for travel between an employee's residence and their duty point. The County will not reimburse for meals unless employee is away from their duty station overnight. The employee traveling on official County business within the County should first determine from the department head if a County vehicle is available to conduct such business. All such authorized expenses will be reimbursed within ten (10) days of the receipt by the County Auditor's office of completed reimbursement request forms. Procedure: For In-County travel, Form 201-BC (Local Transportation Reimbursement Form) should be used. This form is to be turned in by the employee to the department head at least once a month for previous travel. Department heads should then prepare a request for reimbursement and forward the completed request and attached documentation to the County Auditor's office. Mileage will be reimbursed based on the actual mileage traveled at the prevailing rate established by the Commissioners' Court. The County will not reimburse employees for meals or lodging expense incurred In-County. D. OUT-OF-COUNTY TRAVEL Out-of-County travel by County employees is permissible provided that it is authorized in advance by the department head and does not exceed departmental budgetary allowance for such travel. It is the department head's responsibility to ensure that each request has adequate documentation attached to support the stated time, place, and business purpose of the travel expense (see "Accountable Plan" requirements, Page 1). Travel & Reimbursement Revised 9-05.doc 9/15/2005 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES D. OUT-OF-COUNTY TRAVEL (con't The County will reimburse for County employee meals only while the employee is out of the County on County business and away from their duty station overnight. If the travel expense is anticipated to exceed $25.00 a travel advance (Form 203-13C) may be requested and Commissioners' Court approval secured before any expense is incurred. Procedure: All Out-of-County reimbursement requests are to be made on Form 202-BC (Out- Of-County Travel Reimbursement Request). Requests for meal reimbursement are to be as follows: 1. Meals will be reimbursed at the amounts listed, taxes included: Breakfast $ 8.00 Lunch $ 9.00 Dinner $ 18.00 2. No receipts will be required. 3. The County will not reimburse an employee for more than $36.00 per day for meals. Meal reimbursement to an employee who is not away from their duty station overnight will be considered a benefit and the amount will be reflected on the employee's W-2 form at the end of the year. Meal reimbursement will not be provided to an employee who is less than seventy five (75) miles away from their duty station unless the employee is away overnight. The County will reimburse County employees for mileage, if a personal vehicle is used, while the employee is Out-of-County on County business. Mileage reimbursement ($0.405/mile) will be made based on the city to city mileage figures as stated in the State Mileage Guide, (see Appendix A), at the existing reimbursement rate set by Commissioners' Court. Requests for mileage reimbursements can be made in one of two ways: Where mileage request is simply for a round trip the employee need only enter the dollar value on the Form. This is arrived at by multiplying the established mileage by 2 and then multiplying this product by the reimbursement rate that has been established by Commissioners' Court. It is requested that the Comptroller's WEB site www.window.state.tx.us be used to calculate mileage between points (Mileage Guide). Form 201-BC or 202-BC may be used. 2. Where mileage is requested for the use of a personal automobile while on County business and the request is for mileage other than the round trip from duty point to destination, then the employee should use Form 201-BC to establish the additional miles and business purpose. These totals should then be transferred to Form 202-13C. The County will reimburse the traveling County employee for the actual cost of lodging expenses incurred, not to exceed $85.00 per day, including taxes, while traveling on official County business. The travel needs to be approved by the department head, and the cost must not exceed the remaining departmental budget. Receipts are required for the reimbursement of lodging expenses. Please see Section G, this policy, for more information on reimbursement of lodging expenses. Travel & Reimbursement Revised 9-05.doc 9/15/2005 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES E. OUT-OF-STATE TRAVEL The County will reimburse employees for out-of-state travel on the same basis as out-of-County travel. If the employee elects to use a personal automobile for such travel, the County reimbursement will not exceed the lesser alternative: either the mileage (round trip at the prevailing rate per mile) or the round trip airfare from Easterwood Airport to the destination (a commercial airline quote is required). It is noted that when the distance is greater than 350 miles, and when the air fare ticket can be purchased 21 days in advance, it is usually cheaper to fly than drive. Any employee traveling on County business who does not wish to fly, and whose destination is out of state may place a request before the Commissioners' Court requesting authorization to drive and to be reimbursed for the actual travel expense. The request would need to be in writing, placed before the Commissioners' Court 10 days prior to departure, and would need to include the reason for the request and a comparison of the costs. Commissioners' Court has the authority to accept and /or reject each request based on merit as presented. Procedure: Any out-of-state travel request must be presented to the department head. The department head must then make a formal request for approval of such travel to the Commissioners' Court, which must consider the request in open session. All requests for reimbursement are to be made on Form 202-13C. If a Travel Advance is needed, it should be requested at the same time. F. TRAVEL ADVANCES Employees that anticipate being away from their duty station on County business and Out-of- County for more than three (3) days, or when travel expenses are anticipated to be more than $25.00, may request a travel advance. The employee would be required to fill out Form 203-BC (Travel Advance Request). The form should be submitted to the department head for approval and forwarded to the County Auditor's office for processing. All requests for advance must be filed with the Auditor's office ten days prior to the departure date so that proper approval from the Commissioners' Court can be secured. The request should not exceed the estimated expenses. All meal advances will be based on $36.00 per day and a maximum of $85.00 (including taxes) will be advanced for each day of lodging that the employee anticipates. All employees are encouraged to arrange for direct billing and to arrange for quotations for air transportation when required. Procedure: Once the employee has returned to their normal duty station, the employee has fourteen (14) days to submit documentation to the County Auditor's office on Form 202-BC to account for the use of the travel advance funds. The employee should attach a copy of Form 203- BC to their request to document the advance received. If the employee has received funds in excess of their need the balance should be remitted to the County Treasurer's office, and a copy of all receipt(s) attached to Form 203-13C. All disbursement of funds and collection of funds with regards to travel advances will be handled through the County Treasurer's office. The department head has oversight responsibility for all disbursements related to travel advances. Travel & Reimbursement Revised 9-05.doc 7 ~j 6 ~7 9/27/2005 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES G. LODGING The County will be responsible for a maximum of $85.00 (including taxes) per day, for lodging expenses incurred by a County employee while traveling on official County business away from of out-of-state travel. All must be cleared by the commissioners' court prior to being incurred. The County prefers to arrange for hotel accommodations to be billed directly to the County proper. Department heads are encouraged to plan as far in advance as possible, and to arrange for direct billing. The County will only be responsible for the first $85.00 of the room rate. If the room charge is greater than $85.00, the employee should be prepared to be responsible for the difference. The decision to pay the lodging fee for the night before a conference or meeting is at the discretion of the department head. This decision is based on the location of the meeting site and beginning or ending time of the program. Likewise, the decision to pay the lodging fee for the last day of a conference or meeting is at the discretion of the department head. It is the employee's responsibility to make sure this issue is covered prior to the meeting taking place and prior to the request being placed before the Commissioners' Court. Host Hotel In many instances a county employee will attend a seminar, conference or continuing education program where the sponsor of the program has negotiated preferred room rates at (or near) the site where the program is to be held. In many instances the preferred room rate is referred to as the "host hotel." In some instances the program sponsor has secured such preferred rates at several locations. The county would prefer that county employees attending such programs stay at the "host hotel." And, therefore, if the room rate is greater than the $85.00 allowable by this policy, the county will still reimburse the employee for the full amount of the room and tax. The employee is required to provide adequate documentation that the program negotiated a preferred rate with the "host hotel." An example of adequate documentation would include a seminar brochure or registration information provided by the program sponsor that lists the preferred hotels. Many times the county employee attending a sponsored program does not plan to attend the program in a timely manner and all "reserved program rooms" will have been taken. Alternative sites will not be considered as "host hotels" unless specifically designated as such by the program sponsor. Out-Of-State When a county employee requests out-of-state travel for a sponsored seminar, conference or continuing education program, and there is not a designated "host hotel", it is the employee's responsibility to register in a timely manner to allow the opportunity to stay at the hotel or conference center where the program is being held. When the employee makes a request for out-of-state travel, the request should clearly state the anticipated room cost, and request formal approval for reimbursement. Commissioners' Court will evaluate each request separately. Travel & Reimbursement Revised 9-05.doc _1 9/15/2005 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES G. LODGING (con't) Relatives and Friends Frequently county employees while traveling on county business and away from their duty station overnight will stay with friends and/or relatives. As a result their application for reimbursement will appear as if they were not away from home overnight. When such an event happens, the employee should attach a notice to their reimbursement request to allow the county auditor's office to confirm the over night stay. Restrictions on County reimbursable lodging expenses: 1. The County WILL reimburse for: Daily Room Charges (Maximum of $85.00 for single occupancy, including taxes) Properly Documented Business-Telephone Calls Facility Parking Charges Taxi Fares (no documentation required) Alternate means of travel (i.e. bus, train, etc.) 2. The County will NOT reimburse for: Snacks Charged To The Room Room Service (No gratuity, no room service charge) Personal Expenses (i.e.: Valet, Dry Cleaning, Laundry, etc.) Tips and/or Gratuity Alcoholic Beverage Charges Video Rental (i.e.: In-Room Movies, etc.) Personal Phone Calls Hotel Club Charges Recreational Facility Charges Employees who incur lodging charges defined as unacceptable for reimbursement are responsible for these payments. These charges are to be accounted for and payment rendered to the facility by the employee at check out. If any of these charges billed incorrectly directly to the County by a lodging facility, the employee will be responsible for remitting reimbursement to the County Treasurer. Procedure: The employee will be required to obtain an original lodging statement from the establishment where the employee stayed. This statement should be attached to the Out-Of-County Travel Reimbursement Request (Form 202-BC). No exceptions will be allowed. H. AIR FARE and CAR RENTALS All County employees are required to travel by the least expensive mode of travel. The employee should evaluate whether travel by airplane to the destination point is cheaper than traveling by other means. The County will only reimburse for the least expensive mode of travel, unless the employee's supervisor can show good cause for using another mode. When the final destination is over 350 miles then air travel should be considered Travel & Reimbursement Revised 9-05.doc 8 9/15/2005 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES H. AIR FARE and CAR RENTALS (con't) Car Rentals should only be utilized when required for the employee to fully carry out their official business. Taxi cabs, buses, and hotel shuttle services are usually less expensive than car rentals. The County will not reimburse for expenses incurred for personal reasons. The County would prefer that the employee not enter into a rental arrangement unless it is necessary and required for the completion of the business purpose. The County will not reimburse for first class travel. The County will only reimburse for necessary car rental at the sedan rate (no luxury cars). 1. - CONFERENCES. SEMINARS and CONTINUING EDUCATION The County prefers to pay in advance for conferences, seminars and registrations for continuing education. By so doing, the financial responsibility placed on the employee is reduced and proper and timely assistance can be given to the employee with regards to reservations, travel advances, and completion of reimbursement forms. The County requires that requests for registration fees be accompanied by a conference program, seminar program, or continuing education program that indicates the cost, location and payee's address. The County requires that the employee's supervisor approve the request. The supervisor must indicate that the employee's attendance will enhance the employee's ability to perform in their assigned job function. Each elected official or department head is required to budget for registration at conferences, seminars and continuing education annually as needed. If there is no budget allocation for this expenditure the Auditor's office will not approve the expenditure until an official budget amendment or budget adjustment has been approved. All elected officials and department heads are required to budget for State required annual continuing education for all members of their staff where required. When properly budeeted the County will pay for all required continuing education mandated by State statutes for elected officials and appointed department heads. When the registration for a conference or seminar includes payment for meals, it is anticipated that the employee will eat the meal provided. The County will not pay for an additional meal. When the conference or seminar is scheduled out of the County and begins in the morning. The County will reimburse for meals and lodging the night before when the distance to the sight is over 150 miles. When the conference or seminar is out of the County and ends after 4:00 PM the employee will be reimbursed for the evening meal immediately following the end of the conference or seminar if the sight is over 150 miles from the Courthouse. Meals will not be reimbursed to an employee who is less than seventy five (75) miles away from their duty station unless the employee is away overnight. Travel & Reimbursement Revised 9-05.doc 9/1512005 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES J. LAW ENFORCEMENT TRAVEL The department head prior to the occurrence of any expense must approve all law enforcement travel expenses, whether it is prepaid by the County or reimbursed after the fact. If planning can take place before there is a need for such travel, or if travel is a result of a defined "emergency" the department should try to secure permission from the Commissioners' Court for the use of credit cards in such cases. If credit cards are used then the County Credit Card Policy is to be followed. It is recognized that the need for law enforcement travel may occur on an emergency basis. The County Attorney, Sheriff or the Director of Juvenile Probation is authorized to approve such travel and related expenses in the event of an emergency. The County Attorney, Sheriff or the Director of Juvenile Probation is required to notify the County Judge and the Auditor within 48 hours of the designation of an emergency. If there are no budget funds available, the County Judge's approval will be required before the expenditure can be incurred. K. MISCELLANEOUS The employee needs to be aware that a credit card receipt is not documentation for an expenditure. All requests for reimbursements and/or requests for the County to pay for a travel related expenditure must be supported by documentation. It is the employee's responsibility to secure the documentation at the time of expenditure. In the event that no documentation is secured a certification as to the expenditure is not sufficient to support reimbursement. Some form of contemporaneous record must be received from the vendor. When an employee elects to have their spouse and/or family travel with them, this must be accurately documented and separation of costs will be required. Lodging expenses must be documented by the hotel/motel as to what a single occupancy rate would have been. This should be done on the face of the receipt. ALL ELECTED OFFICIALS AND DEPARTMENT HEADS ARE TO INSURE THAT ALL EMPLOYEES HAVE READ THIS POLICY AND COMPLY WITH IT. FAILURE TO FOLLOW THE POLICY WILL RESULT IN A DELAY IN THE REIMBURSEMENT PROCESS, AND COULD POSSIBLY CAUSE LEGITIMATE REIMBURSEMENTS TO BE DENIED. IF IN DOUBT PROVIDE AN EXPLANATION OR OTHER DOCUMENTATION. THE COUNTY DOES NOT INTEND FOR EMPLOYEES TO FINANCE COUNTY OPERATIONS. Travel & Reimbursement Revised 9-05.doc 10 9/15/2005 v'0L? a PAGE 1~5 BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES A. APPENDIX A NOTE: The following list of mileage figures is intended for quick reference. The cities listed are destinations that appear most often for reimbursement. The mileage as noted is one way only. To get round trip distances the stated mileage should be doubled. Following this schedule is a complete listing of mileage from the State approved mileage guide. In the event you can not find your specific destination, please contact the County Auditor's office for assistance. DEM INATION MILEAGE AUSTIN 99.5 ARLINGTON 173.0 BRENHAM 43.0 CORPUS CHRISTI 237.0 DALLAS 165.0 EL PASO 660.0 FORT WORTH 166.0 GALVESTON 147.0 HOUSTON 96.2 HUNTSVILLE 54.0 KERRVILLE 200.0 SAN ANTONIO 165.0 TEMPLE 72.0 WACO 84.7 WEATHERFORD 180.8 Travel & Reimbursement Revised 9-05.doc 11 9/15/2005 VOL' ,2 PAGE /1l PE AK- PEAK Technologies AN RR DONNELLEY COMPANY PEAK TECHNOLOGIES, INC. TERMS AND CONDITIONS FOR SERVICE FOR QUOTES OF06010262 BWOS DEPT OF INFORMATION TECH / 21079100 These Terms and Conditions for Service are the terms and conditions upon which Peak will provide services as set forth herein. Peak desires to provide to Customer, and Customer desires to obtain, the maintenance and support services for the Equipment, as defined above, all on the terms and conditions as set forth in this Agreement. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: J. SCOPE OF WORK. Peak will perform the maintenance and support. services as set forth above for the equipment specifically identified by Peak and Customer in the quote attached hereto (the "Equipment"). Peak may discontinue providing service on any Equipment for which it cannot obtain an adequate supply of spare parts and supplies on a reasonable basis. In such event the Equipment shall be removed from this Agreement and the costs to Customer shall be adjusted to reflect such deletion. Peak shall have the right to perform preconttact inspections of Equipment within the first thirty (30) days of the Effective Date of any maintenance services hereunder. Customer shall be charged for all parts used during the precontract inspections. In lieu of precontrnct inspections, Peak shall have the right to invoice the Customer for any parts used for the first service call (per individual serial numbered equipment) within thirty (30) days from this Agreement Effective Date or for a period of thirty (30) days from the addition of Equipment to this Agreement. Equipment options not shown on quote may require additional billing. Any options not listed on quote that are identified during this Agreement term will automatically be invoiced and added to Customer's Agreement retroactive to this Agreement Effective Date. 2. TYPE OF SERVICES. Customer has selected ON SITE SERVICE, for which the terms and conditions for such service(s) is/are set forth below, to be performed by Peak during the term of this Agreement: DEPOT SERVICE: Peak will provide repair and maintenance service at Peak's maintenance facilities based upon the service option set forth in the service quote. Service options include three or five business day turnaround and a hot swap program. The Customer shall be responsible for shipping the Equipment to be serviced to Peak's maintenance facility, the address of which Peak shall supply to Customer. Along with the Equipment, the Customer shall send a detailed description of the problems with the Equipment and shall identify that the Equipment is being serviced under this Agreement. Peak shall repair and return the Equipment within the timeframe as set forth herein. Peak will be responsible for the cost of shipping the Equipment back to the Customer to the address supplied to Peak by the Customer. The repair work shall be completed within the time frame indicated above and then the Equipment will be shipped to Customer second day service. A Hot Spares contract provides the replacement of a unit sent via next day delivery. Peak will ship overnight a replacement unit which the Customer purchases and which is held at Peak's national depot location. ON SITE SERVICE: Peak will provide repair and maintenance service during the principal period of maintenance at the locations where the Equipment is located as agreed to by Peak and Customer. The Customer shall call the Peak Support Hotline and place a request for service, which request shall include a description of the Equipment, its location and such other information as requested by the Peak support representative. Peak will dispatch a service technician to the Customer's site to perform the repair and maintenance services to be provided hereunder. Service calls will be provided within the time frame set forth in the service quote. The principal period of maintenance is 8:00 am to 5:00 pan in the time zone where the Equipment is located and excludes Peak recognized holidays. TELEPHONE SUPPORT SERVICE: Peak shall provide Customer with a telephone response during the principal period of maintenance within the referenced time period following first notification of a problem. Peak shall provide the Customer with a reasonable amount of telephone support to assist Customer in diagnosing errors and malfunctions that occur when Customer uses the covered Equipment. Peak shall provide support services to Customer to attempt to correct diagnosed errors and malfunctions and reasonable operator assistance. Peak may provide software patches that implement corrections and/or suggest work-arounds that assist Customer in using the Equipment in a way that can avoid diagnosed errors, malfunctions, and defects. 3. TERM, The term shall be as set forth in the quote attached hereto (the "Initial Tenn"). After the Initial Tenn, the Agreement shall automatically continue for successive one (1) year terns ("Renewal Term") unless either party provides the other with written notice of its intent to terminate this Agreement at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Tenn. Prior to the commencement of a Renewal Term, Peak may invoice the Customer for the cost of the Services to be provided hereunder for the following Renewal Term. If Customer does not pay such renewal invoice in the manner agreed upon for payment as set forth in paragraph 4, then this Agreement shall terminate at the end of the then Initial Term or Renewal Term in question. The term for any Equipment added during the Initial Term or any Renewal Term shall commence upon the date agreed to between the parties and shall be coterminous with the expiration of the term of this Agreement. The Customer shall have the right to remove any Equipment for which Service is to be provided hereunder for a period of thirty (30) days following the commencement of any Renewal Term. The Initial Term and any Renewal Term shall be referred to herein as the Tem. 4. PAYMENT. The Customer shall pay the annual maintenance fees as agreed to between the parties and as set forth in the service quote (the "rerm Services Fee(s)"). Certain Equipment may be subject to additional usage sensitive charges. Customer agrees to pay the Term Services Fees due hereunder. Customer may elect to pay the Term Services Fee(s) in accordance with the method indicated herein. Unless otherwise agreed to by Peak, payment shall be due annually. Except for annual payments, which shall be paid in full upon the execution of this Agreement and within thirty (30) days of invoice for any Renewal Tenn, all payments due hereunder shall be due in equal installments in accordance with the method of payment. Customer shall pay any and all taxes due on goods and services rendered hereunder. Customer shall pay for any Additional Services performed by Peak hereunder on a time and materials basis, at Peak's then current rates. Peak reserves the right to withhold Services if Customer is on credit hold for any reason or has failed to pay when due any amounts hereunder or under any other agreement between the parties. Any amounts, which remain unpaid when due shall bear interest VM le!!4e~f I P%ff mgnArviie amount allowable by law, until paid in full. 1 CUSTOMER RESPONSIBILITIES. Customer shall provide the following for On-Site Support: electric power for portable electric tools, sufficient light where possible, safe access to the Equipment, appropriate consumable supplies (such as paper and ribbons) and reasonable cooperation from Customer's employees. 6. PARTS. Parts will be replaced on an exchange basis only. Peak reserves the right to use remanufactumd or refurbished parts. Such parts will be equivalent to new when installed in the Equipment. All exchanged parts will become the property of Peak. 7. SERVICE EXCLUSIONS. The following services are not included in the Term Services Fee(s) and performance of such services (the "Additional Services") by Peak, shall be performed, if at all, and billed separately, on a time and materials basis: (A) Site preparation and maintenance of a proper environment, (B) Set up and installation of the Equipment, (C) moving Equipment, (D) painting or refurbishing Equipment, (E) Adding, changing or removing features or options or making other functional changes to Equipment, (F) Providing consumable supplies (such as paper, ribbons and printheads), even if consumed while providing maintenance services, (G) Systems engineering services, programming services and operational procedures of any sort, and (H) Maintenance, repair or replacement of parts or Equipment, when such services are required because of abuse, misuse, accident, or neglect of the Equipment by Customer, use by Customer in an improper environment, not in accordance with manufacturer's specifications for the Equipment; or use by Customer in excess of an item's duty cycle or other loss or damage to Equipment due to any insurable loss or any cause or causes external to the Equipment. 8. WARRANTIES AND DISCLAIMERS. A Subject to the conditions and limitations on liability stated herein, Peak warrants to Customer for a period of thirty (30) days following the performance of my Services or Additional Services by Peak that the Services and/or Additional Services will be performed in a good and workmen-like manner. Peak's obligations and liability under this warranty is conditioned upon the receipt of prompt notice of defects as to parts and/or workmanship from Customer, and is limited to, at Peak's sole option, reworking or replacing the Equipment or providing Customer with a refund of the Service Fee(s) applicable to the subject Equipment. This warranty shall be void if the Equipment is damaged or rendered unusable by the willful act, negligence and/or tampering of persons other than Peak. THE FOREGOING IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY BY PEAK. PEAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. B. IN NO EVENT SHALL PEAK BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY OR TORT, ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE SERVICES PROVIDED HEREUNDER EVEN IF PEAK HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES PEAK'S LIABILITY FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER SHALL FIRST BE LIMITED TO REPAIR OR REPLACEMENT OF THE DEFECTIVE PARTS AND SHALL NOT IN THE AGGREGATE EXCEED THE PURCHASE PRICE OF THE PRODUCTS AND SERVICES AFFECTED. 9. CONFIDENTIAL INFORMATION. Peak agrees not to permit unauthorized access to and to take reasonable steps to protect the confidentiality of Customer's confidential information. Customer agrees to treat as confidential information all Peak techniques, processes methods and know-how observed at Customer's facilities. All processes, materials and data used or famished by Peak pursuant to this Agreement are the sole property of Peak and shall be kept confidential by Customer. Such processes, materials and data have been developed at great expense and contain trade secrets of Peak. Neither parry shall be required to keep confidential any information or data that: (1) is or becomes publicly available; (2) is already known or is independently developed by such party outside the scope of this Agreement; or (3) is rightfully obtained by third parties. 10. INDEMNIFICATION. Subject to the limitations set forth in paragraph g(B) above, each party hereby indemnifies and holds the other party, its officers, directors, employees and agents, harmless from and against my and all claims, demands, causes of action, or suits of any kind or nature, including reasonable attorneys' fees and cost of litigation, solely and directly based on or arising from actions, failure to act, representations or omissions, of the indemnifying party, and its employers, agents, or authorized assigns 11. INDEPENDENT CONTRACTORS The parties to this Agreement recognize that this Agreement does not create my actual or apparent agency, partnership, or relationship of employer and employee between the parties. Customer is not authorized to enter into or commit Peak to any agreements, and Customer shall not represent itself as the agent or legal representative of Peak. 12 DEFAULT. If either Customer or Peak is in material default of its obligations under this Agreement, the non-breaching party shall have the right to deliver to the breaching party written notice specifying that a breach has occurred and providing in detail the particulars of the alleged breach. The party in breach shall have thirty (30) days to cure the alleged breach (ten days if the alleged breach relates to the payment of any amounts due hereunder) or such other period as may be agreed to in writing by the parties. If such breach is not cured within such period, then the non-breaching party shall be entitled to exercise all of its rights and remedies at law and in equity, including the right to terminate this Agreement if such non-performance constitutes a material breach of this Agreement 11 "FORCE MAJEURE" Notwithstanding anything in this Agreement to the contrary, Peak shall not be liable for any delay or failure to maintain the Equipment or provide service hereunder, if the delay or failure is caused by war, riots, civil commotion, fire, flood, earthquake, or my act of God, or the failure of any third party subcontractor, or third party hardware, software, network system equipment, wiring, electrical systems or utilities, or other causes beyond Peak's reasonable control. If any third parry subcontractor providing service with respect to this Agreement, ceases to provide such services, and Peak cannot find a suitable replacement vendor, then Peak shall have the right to terminate the Agreement, by providing thirty (30) days prior written notice to Customer. 14. GOVERNING LAW. This Agreement shall be governed by the internal laws of the State of Maryland. Any dispute of the terns and conditions hereunder shall be brought in a competent court in the State of Maryland, and the parties hereto waive any and all objection to the State of Maryland being the chosen venue for the resolution of my dispute hereunder 15. EQUAL OPPORTUNITY. A. Customer agrees that it will not discriminate on account of race, color, religion, sex, marital status, age, national origin, citizenship, disability or veteran status, as defined and prohibited by applicable law. Customer shall comply with applicable federal, state, and local laws and regulations pertaining to fair employment practices. VCR PAGE )M B. Customer certifies that it is an equal employment and affirmative action employer, and that it complies with Executive Order 11246 as amended, the Fair Labor Standards Act, and the Equal Opportunity Clause, 41 CFR, paragraph 60-1.4(a), the provisions of which are incorporated herein by this reference. 16. ADVERTISING. Customer shall not use Peak's name or refer to Peak directly or indirectly in any advertisement, promotion, or release without receiving Peak's specific prior written approval for each such use or release. 17. AMENDMENT. This Agreement may be modified, amended, superseded, or canceled only by a written instrument signed by each of the parties hereto and not by performance. 18. NOTICES All default notices, hereunder shall be in writing and shall be deemed given (a) if delivered personally, on the date given, (b) if delivered by a courier express delivery service, on the date of delivery, or (c) if by certified or registered mail, postage prepaid, return receipt requested, five (5) days after mailing, to the parties at the addresses listed beneath such party's signature to this Agreement, or at such other addresses as such party may designate by written notice in the manner aforesaid. 19. WAIVER. The waiver by any of the parties, express or implied, of any right under this Agreement or with respect to any failure to perform under or breach of this Agreement by the other party, shall not constitute or be deemed a waiver of any other right under this Agreement or of any other failure to perform under or breach of this Agreement by the other party, whether of a similar or dissimilar nature. 20. ENTIRE AGREEMENT. The Agreement, (together with any Exhibits) constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, arrangements, and understandings with respect thereto. No representation, promise, inducement, statement or intention has been made by any party hello that is not embodied herein, and no party shall be bound by or liable for any alleged representation, promise, inducement, or statement not so set forth herein. By reference or otherwise, this Agreement does not constitute an acceptance by Peak of any inconsistent terms contained in Customer's agreement, proposal, counter offer or any purchase order. Such documents shall be considered by Peak as administrative only and shall not vary the terms of this Agreement. This Agreement expressly limits acceptance to the terms stated in this Agreement. Any additional or differing terms, whether or not materially different, set forth in any communication from the Customer are hereby expressly rejected PEAK TECHNOLOGIES CUSTOMER BY: ZANETTA ROGERS BY: PRINTED NAME: ZA9Mg" ROGE4 y PRINTED NAME: DATE: 07/26/2005 DATE: #1: ~a PAGE 79 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: September 20, 2005 ITEM: Permission to enter Anthony Emola's property located off Rabbit Lane for the purpose of correcting erosion caused by washout of county ditch for the health safety and welfare of the general public. Site is located in Precinct 2 SOURCE OF FUNDS: N/A PRESENTATION: SUBMITTED BY: APPROVED BY: chard F. Vance, P.E. om issioner E. Duane Peters County Engineer Precinct 2 0005-091 This Request is Approved (or) Denied i' by Commissioners' Court Date: 9/~ /zz, Y 7~ 180 BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Alvin W- Jones County Judge Tony Jones \ 0 Commissioner Pct 1 J -T Willairn S. Thornton Commissioner Pet 2 ' Randy Sims 90 Commissioner Pct 3 ~a' 9aIDGE a Carey Cauley Commissioner Pct 4 Date 1. LANDOWNER AND ADDRESS f(a+w N n le- 11. LOCATION OF WORK III. DESCRIPTION OF WORKTO BE DONE Permission to enter your property to correct erosion problems caused by the washout of a county'$itch. This work is being done for the health safety and welfare of the 8 xal nuhli _ IV. MAINTENANCE YES NO X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE (Owner will ben 'tied prior to maintenance) ~e~- (.t-er sir Richard F. Vance, P.E. g f Way Agent County Engineer Owner's Signature: ;t ~3 /0