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HomeMy WebLinkAbout2006-09-19-6:00PM-REGULARNOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 19 SEPTEMBER 2006 AT 6:00 P.M. IN ROOM 102 OF THE BRAZOS CENTER, 3232 BRIARCREST DRIVE, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Peters. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -19: 3. Budget Amendment 05/06-48.1 that 05106-48.4. 4. Personnel Change of Status. 5. Payment of Claims. 6. Election service contract between Brazos County and Texas Voting System, Inc. for the Brazos County General Election to be held on 7 November 2006. La aprobaci6n del contrato del servicio de la elecci6n entre Condado de Brazos y Texas Voting Systems, Inc. Para la Eleccio'n General de Condado de Brazos que se Ilevara acabo el 7 de Noviembre de 2006 7. Proposed schedule of fees to be charged for use of the Brazos County Exposition Center. 8. Renewal of the annual contract with Howell Services Corp. for janitorial services at the following locations: a. Justice of the Peace & Constable, Precinct 3 offices b. Justice of the Peace, Precinct 2.2 office ~~O1 YkPA%~~ J- Commissioners Court Agenda 19 September 2006 Page 2 9. Addendum to the contract with Patterson Architects and JaCody Construction for the scope of the work on the Justice of the Peace, Precinct 3 building, adding additional work related to storage and backup computer servers. 10. Waiver of the requirement for the County Judge's signature on requisitions and payment authorizations that have been exempted from competitive bidding per Local Government Code 113.901(c). 11. FY 2007 exemptions from competitive bidding requirements for the following: a. Alex Quiros, LPC b. Alliance Transportation Group C. Anna Satterfield, Ph.D. d. Associates for Applied Psychology / Brian Stagner, Ph.D. e. Atmos Energy f. Automation Displays, Inc. g. Ben Sanford & Associates h. Best Access System i. Brad Kerr Surveying j. Brazos Abuse Intervention Program k. Brooks Land Survey Co. 1. Bruchez, Goss, Meronoff, Thornton & Hawthorne in. Bryan Freightliner n. Bryan Texas Utilities o. Brushy Water Supply Corp. P. Bruchanan Soil Mechanics q. Carlomagno Surveying, Inc. r. City of Bryan S. City of College Station t. Coufal - Prater U. CSC Engineering & Environmental Consultants V. Department of Educational Psychology / Dave Lawson, Ph.D. W. Department of Educational Psychology / Doug Snyder, Ph.D. X. Dr. Mahesh Dave Y. Dr. Raney Cherian Z. Family Psychological Service aa. Garrett Engineering bb. Goodwin-Lasiter, Inc. cc. Gulf Coast Trades Center dd. Halt Control - Responsibility / Roy Luepnitz, Ph.D. ee. Hi-Way Equipment ff. Hogan's Truck Equipment - International gg. Hunton Trane Services hh. Idexx Laboratories ii. Ikon/Texas Copy jj. Indigent Health Care Progam Commissioners Court Agenda 19 September 2006 Page 3 kk. J. P. Bowlin 11. John Hamilton mm. K. W. Brown & Associates nn. Kennedy-Holtkamp, Inc. oo. Kling Engineering pp. Life Sign LLP qq. Lutheran Social Services rr. Municipal Development Group ss. Mustang Tractor U. OSR Water Supply Corp. uu. Pat Hicks, LCDC W. Patterson Architects ww. Protia Smith xx. Public Financial Management (PFM) yy. R. B. Everett zz. Raybon Metcalf Engineering aaa. Riley Engineering bbb. S. T. Lovett & Associates ccc. Scott & White Clinics ddd. Still Creek Ranch eee. Strong Survey fff. Texas Avenue Medical Clinic ggg. Texas Commercial Waste hhh. Texas Voting Systems iii. The Counseling Center / Ms. Tammera Brown, LPC jjj. Tiburon, Inc. kkk. Tracy Thomas 111. Unisys mmm. Verizon mm. Waste Systems Equipment, Inc. ooo. Wellborn Water Supply ppp. Wickson Creek S.U.D. qqq. Winstead, Sechrest, and Minick, P.C. / Attorney Paul Martin 12. Permission to advertise the following Bids: a. 2006-047 - Janitorial Supplies b. 2006-051- Road Signs and Sign Posts c. 2006-052 - Heavy Machinery Rental d. 2006-053 - Rental of Equipment with Operator e. 2006-054 - Oversized Limestone Aggregate 13. Copier Lease Agreements with Ikon for the following departments: a. County Attorney b. County Auditor / Treasurer c. County Clerk d. Sheriff's Office ~ 11 $l. t 3._. Commissioners Court Agenda 19 September 2006 Page 4 14. Tax Refund Applications for the following: a. Kelly & Debra L. Dickson b. William W. & Ivonne Kindt c. Nettie Marie Mikeska d. Huong Thi & Vy Hun Nguyen e. Lorealia O. Pittman 15. Granting of a right of way easement to Bryan Texas Utilities (BTU) for a new power line for a communication tower for the Sheriff's Department to be built on a 10 acre tract of land owned by Brazos County on Kathy Fleming Road located in Precinct 1. 16. Proposed Master Plan of Creek Meadow subdivision, 279.9841 acres, Brazos County, Texas. Site is located in Precinct 1. 17. Installation of a stop sign on Wayfarer Lane at its intersection with Nantucket Drive, and on Tucker Nuck at its intersection with Nantucket Drive. Site is located in Precinct 1. 18. Payment authorization in the amount of $257.68 from the Information Technology Department to CDW Government, Inc. for the additional cost incurred in the exchange of an in-car digital video system for a different model (purchased for the Sheriffs Department). A purchase order for the difference in price was not obtained in advance. 19. Payment authorization in the amount of $18.00 from the Brazos Center to SuddenLink for cable services to the Arena Hall. The purchase order to Cox Cable was closed after the company's name was changed to SuddenLink, leaving no purchase order for this payment. 20. Announcement of interest items and possible future agenda topics. 21. Call for citizen input and/or concerns. 22. Agency / Board / Committee reports by Court members. 23. Adjourn The Brazos Center is wheelchair accessible. Handicap parking spaces are available. Any request for sign interprefive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 19, 2006 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 19, 2006 with the following members of the Court present: Randy Sims, County Judge, Absent; Lloyd Wassermann, Commissioner of Precinct 1, Absent; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3, Absent; Carey Cauley, Jr., Commissioner of Precinct 4, Presiding; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06-48.1 through 48.4, which would reallocate funds for the Tax Office, Constable, Precinct 3, Sheriff; transfer funds from Contingency to the Road and Bridge Department. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as Vol 4 Page 5 Commissioners Court meeting September 19, 2006 2 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 Wassermann, seconded by Commissioner Peters, 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: 7023357 through 7023629 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 approval of a Contractual Agreement between Brazos County and Texas Voting Systems, Inc. to conduct the Brazos County General Election to be held on November 7, 2006. The cost to Brazos County will be twenty one thousand one hundred ninety dollars and 11/100 dollars ($21,190.00). On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Texas Voting Systems, Inc. A copy of the contractual agreement is attached. The Court next considered adopting the proposed schedule of fees to be charged for use of the Brazos County Exposition Vol $b Page Commissioners Court meeting September 19, 2006 3 Center. Demetrios Basdekas complimented the Court for hiring Mr. Quarles. He said he thinks he is a qualified professional. He went on to suggest that the Court might table action until the full Court is here. The project has been plagued by many items, like secrecy. The Court should look at Reed Arena for activities. Commissioner Wassermann stated that Reed Arena is moving away from some activities and more toward athletics. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the fees as submitted. A copy of the fee schedule is attached. The next matter before the Court was consideration of renewing the Annual Contract with Howell Services for janitorial services for Justice of the Peace, Precinct 3/Constable, Precinct 3 offices and Justice of the Peace, Precinct 2, Place 2 office. This contract would provide services for an additional year with no increase in prices. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to renew the annual contract with Howell Services. A copy is attached. The Court next considered and Addendum to the contract with Patterson Architects and JaCody Construction. The addendum includes site demolition, building exterior finishes, landscaping, limited interior renovations, new roof, upgrades Vol 4, Page ~ Commissioners Court meeting September 19, 2006 4 to the insulation, limited electrical work, and new HVAC. The total proposed construction costs is $68,850.00 and the additional architectural/engineering services shall be compensated based on ten percent (100) of the construction cost to complete the renovation. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Addendum to the contract. A copy is attached. The Court next considered waiver of the County Judge's signature on requisitions and payment authorizations that have been exempted from competitive bidding per Local Government Code 113.901(c). On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the waiver. The next matter before the Court was approval of a list of vendors as exemption from competitive bidding requirement. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the attached list of vendors. The next matter for consideration was approval for the Purchasing Agent to advertise for the following bids: a) 2006-047, Janitorial Supplies b) 2006-051, Road Signs and Sign Posts c) 2006-052, Heavy Machinery Rental d) 2006-053, Rental of Equipment with Operator e) 2006-054, Oversized Limestone Aggregate Vol Page 3 Commissioners Court meeting September 19, 2006 5 On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to allow the Purchasing Agent to advertise for above noted bids. The Court next considered approval of copier lease agreements for the following departments: a) County Attorney $456.00 per month b) County Auditor/Treasurer $349.00 per month c) County Clerk $300.00 per month d) Sheriff $457.00 per month On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the copier lease agreements and authorized the County Judge to execute the documents. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Kelly & Debra L. Dickson, Over Payment $76.24 b) William W. & Ivonne Kindt, Over Payment $182.77 c) Nettie Marie Mikeska, Over Payment $29.51 d) Huong Thi & Vy Huu Nguyen, Over Payment $18.02 e) Lorealia 0. Pittman, Over Payment $5.88 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered the granting of right-of-way easement to Bryan Texas Utilities (BTU) along a 10 acre tract on Kathy Fleming Road located in Precinct 1. This is for a Vol ~l~ Page Commissioners Court meeting September 19, 2006 6 communication tower for the Sheriff's Department. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to grant right-of-way easement to Bryan Texas Utilities and authorized the County Judge to execute the document. The next matter before the Court was the proposed Master Plan of Creek Meadow Subdivision 279.9841 acres in Precinct 1. The County Engineer noted that after reviewing the master plan it appears that variance requests will be required during the platting process. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the Master Plan. The Court next considered the installation of a stop sign on Wayfarer Lane at its intersection with Nantucket drive and on Tucker Nuck at its intersection with Nantucket Drive in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the installation of a stop sign on Wayfarer Lane at its intersection with Nantucket drive and on Tucker Nuck at its intersection with Nantucket Drive. The next matter before the Court was consideration of a payment authorization in the amount of $257.68 issued by the Information Technology Department (IT) to CDW Government, Inc. Vol 4 Page /6 Commissioners Court meeting September 19, 2006 7 The original purchase was exchanged for a different model and the price exceed the amount on the purchase order. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization in the amount of $18.00 issued by the Brazos Center to Suddenlink for cable service to the Arena Hall. This was necessary due to the name change of Cox Communications to Suddenlink. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. There were no announcements of interest items and possible future agenda topics. There were no Agency/Board/Committee reports by Court members. There was no citizen input and/or concerns. There being no further business to come before the Court, the meeting was adjourned. Vol W Page f The foregoing minutes of the Commissioners Court meeting held September 19, 2006 have been examined and are approved in open Court this the `7+-- day of Nzyf n b 2006, in Bryan, Brazos County, Texas. Randy S County ~ !ildGt I~LCL~t.h~ Lloyd fassermann Commissioner, Precinct 1 Duane Peters Kenny Mall d Commissioner, Precinct 2 Commissione Preci ct 3 arey C ley, Jr. Commiss oner, Preci t 4 Attest: K ren McQueen County Clerk OVol tp Page !a BRAZOSCOUNTY COMMISSIONERS COURT ~y DAY OF , 20AT AM/fq Name Organization 13 i - 0 1 ff7 L R.4ZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR TIME 2005-2006 BUDGET YEAR NO. 05/06-48.1 thru 05/06-48.4 On this the 190' day of September 2006 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 19 September 2006 the Court heard and approved a budget amendment for the 2005-2006 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 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 19`h day of September 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Copies: County Auditor County Treasurer Commissioners' Court Minutes Original: County Clerk's Office and attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 48.1 9/19/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 13000100 59100000 CR DDEA 15.00 0100 13000100 71500000 DR Rental - E ui ment 15.00 Tax Office: To reallocate funds to cover the lease equipment cost. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 48.2 9/19/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30301100 65320000 CR Equipment-Maintenance 100.00 0100 303011 6 0 CR VehicleE O T 20.00 0100 30301100 65950000 DR Vehicle Maintenance 120.00 Constable Pct. t. 3: 3: To reallocate funds to cover the vehicle maintenance cost. MMMM, lie BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 48.3 9/19/2(106 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 0100 2800010 60600000 CR Office Su lies 800.00 0100 2800010 65950000 DR Vehicle Maintenance 800.00 Sheriff's Department: To reallocate funds to cover the vehicle maintenance cost. $6. J-T i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 48.4 9n 9/innfi FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 49,920.00 0100 56001000 65250000 DR Diesel 29,600.00 0100 5600100 65350000 DR Gasoline 20,320.00 Road & Bridge: To move funds from the County's Contingency to cover August and September 2006's fuel costs. . PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 19, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on 1 Department Submitting Employee Request Action Requested Request(s) Applies To District Attorney Jouett, Amanda New Hire Ufer, Lauren New Hire Exposition Complex Chapman, Lora Transfer to Another Dept. Juvenile Services Dowling, John Resignation Tyler, Kandace Promotion Warren, Brittany Promotion Road & Bridge McCord, Ronald Promotion SO/Jail Court, Christopher Resignation Madden, James Resignation Churchill, Edwin New Hire Cole, Christopher New Hire Dill, Johnathan New Hire Kleinschmidt, Todd New Hire Tax Landry, Jennifer Resignation Rivera-Palma, Vanesa Promotion Roney, Michelle Promotion IT LeBoulanger, Walter Discharged Approved in Commissioners' Court: September 19, 200(t- County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 79 ~ % 4 b 7 THE STATE OF TEXAS § COUNTY OF BRAZOS § This contract made and entered into this the _jq_ day of r->2006, by and between TEXAS VOTING SYSTEMS, INC., a Texas Corporation, and the COUNTY F BRAZOS, State of Texas. WITNESSETH: Whereas, Texas Voting Systems, Inc. is the business of selling election services and supplies; and Whereas, BRAZOS COUNTY is desirous of employing the services of TEXAS VOTING SYSTEMS, INC. in connection with the BRAZOS COUNTY GENERAL ELECTION to be held on November 7, 2006, Brazos County, Texas; Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth, it is agreed that: TEXAS VOTING SYSTEMS, INC. will provide the following sunnlies: (a) Fifty (50) custom gathered election sets to include five Early Vote locations, one Early Voting Ballot Board set and one Central Counting set. (b) Wire pad lock seals (c) Precinct polling place supply packs as required (d) Five thousand (5,000) sample ballots II TEXAS VOTING SYSTEMS, INC. will provide the following services: (a) All required programming for above mentioned election (b) Predefine eSlates (voting devices) and Judge's Booth Controllers (JBCs) (c) Deliver, set up and pick up all equipment for the Early Vote locations (d) Deliver and pick up voting equipment to be used at the individual voting precincts for election day (e) Deliver and pick up vote counting equipment to be used at the Central Counting Station (f) Back up and reset eSlates (voting devices) and Judge's Booth Controllers (JBCs) after the election (g) Assist with Early Voting as required (h) Assist with assembling all supplies for use in the individual precincts (i) Assistance on election day, as required, to include Central Counting Station 0) Provide any consulting services before and after the above mentioned election as III The COUNTY OF BRAZOS, State of Texas, will be responsible for, and hereby assumes the following duties and obligations in regard to the BRAZOS COUNTY GENERAL ELECTION to be held on November 7, 2006: (a) Payment of all invoices, Election Judges, Alternate Judges, and Clerks of Election, to include the Central Counting Station. (b) Furnish Texas Voting Systems, Inc. a complete list of all issues to be conducted in the above mentioned election (c) All reports, expense accounts, canvass of the election, conduct of the election at the individual polling places and any other statutory requirements as required by the Texas Election Code and/or the Federal Voting Rights Act. IV The consideration to be paid by BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for the services rendered and supplies provided by said corporation for the BRAZOS COUNTY GENERAL ELECTION to be held on November 7, 2006 is TWENTY-ONE THOUSAND ONE HUNDRED NINETY DOLLARS AND NO CENTS ($21,190.00) IN WITNESS WHEREOF, the parties have hereunto set their IQ day of 12006. COUNTY OF BRAZOS _P41`' Rand Sims County Judge ATTEST: G Karen McQueen County Clerk kelWionsW006 B Co Ge=W Elxfion ConUW TEXAS VOTING SYSTEMS, INC. Hillie D. Sims Vice President C~I a N a PROPOSED FEE SCHEDULE BRAZOS COUNTY EXPOSITION COMPLEX TABLE OF CONTENTS Page 1 Proposed Fees for Exhibit Hall Page 2-3 Exhibit Hall Policies Page 4 Catering Fees and Security Requirements Page 5 Proposed Fees for Covered Arena and Stall Barn Page 6-7 Covered Arena and Stall Barn Policies Page 8-10 Bell County Expo Rates Page 11-14 The Lone Star Convention & Expo Center Rental Rates and Fees EXHIBIT HALL RENTAL FEES ■ a P ~pa 4 Nl 3~ •~i Exhibit 102 Exhibit 106 Exhibit 103 Exhibit 105 Exhibit 104 All Exhibit Areas Lobbv Area* 2,952 $ 375.00 2,952 $ 375.00 5,765 $ 425.00 5,765 $ 425.00 11,570 $1200.00 29,004 $2500:00 TBD Rental Fees are based on an 8-hour rental. Security Deposit %2 of the Rental Fee Move-in/Move-out Day %2 of the Rental Fee Additional Hours $75.00 per hour AMENITIES AND EQUIPMENT RENTAL Chair Tables Easels Stage (4x8 sections) Dance Floor Stage (6x8 sections) Dry Erase Board Overhead Projector Telephone Line Forklift with Operator Mixer Board Microphone Cordless Microphone Data Line TV/VCR/DVD Portable PA System Screen 9x12 Outdoor Stage (8x12) LCD Projector Internet Access Outside Eouinment/Mater $ 0.50 Each $ 4:00 Each $ 5.00 Each $ 5.00 Each, $ 10.00 Per Section $ 10.00 Per Section $ 10.00 Each $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 35.00 $ 35.00 $ 50.00 $ 75.00 $ 75.00 $ 75.00 $150.00 TBD 25% Markup PAGE 1 Alcohol Policy Alcohol must be purchased through the Complex Concessionaire or through an approved alcohol vendor. Events serving alcohol will be charged an additional $150 deposit and security will be required. Animals No dogs or other pets will be brought into the facility, with the exception of persons requiring service animals for visual impairment, disability or medical reasons, without written permission from the Director of the Complex. Automobiles Automobiles will not be allowed in the exhibit hall without written authorization. All fire regulations must be strictly followed when an automobile is used for display purposes. Protective material must be used to cover the floor areas of the facility from the entry point to the display point. There must be one gallon or less of fuel in the automobile. ® Once inside the building, every battery must be disconnected. Cancellations In order to receive a deposit refund, cancellation notice must be given 60 days before the event. The lessee will forfeit all of their contracted fees if cancellation is received less than 48 hours before the time of occupancy. Catering The Brazos County Exposition Complex does provide catering through the Complex Concessionaire. Outside Catering may be approved by the Complex Director and an outside/self-catering fee will apply. Cleaning General cleaning is the responsibility of the lessee in the exhibit hall, parking lot and outside areas after an event. If the Lessee fails to complete clean-up after an event there will be a charge of $25 per man, per hour (with a maximum of $400) to the Lessee Concessions All concessions are provided exclusively by the approved year-round Concessionaire for the Brazos County Exposition Complex. Decorations The Lessee is responsible for their own safety and the safety of those associated with their event during the installation, display, and removal of all decorations. Decorations causing damage to floors, walls or other structures are not permitted. This includes the use of tape, tacks, nails or staples. Candles can be used for decoration only if the candle is contained and the flame does not extend higher than the container. Throwing rice, confetti and flower petals, the use of sparklers or balloons is not allowed on the grounds or in facilities. Deposits The deposit is one half of the rental fee and is payable at the time the space is reserved. In order to reserve a space, a deposit must be placed. "Tentative" holds for dates are not allowed. Security deposits are never applied to fees. The deposit is held as security for the date, and to cover any damage or insufficient clean- up resulting from the event. If no damages are incurred and clean-up is completed, the deposit will be refunded approximately two weeks after your event. Event Accessibility Staff must have complete access to all areas throughout the facilities before, during and after all events. PAGE2 First Aid Lessee may be required to provide, at the Complex Director's discretion, certified first aid personnel during the lease term. Lessee assumes total responsibility for the qualifications and actions of first aid personnel. Any accidents or incidents requiring first aid treatment must have a written report and a copy must be filed with the complex management office by the close of the event Freight Any freight delivered before an event must have permission from the Complex Director. Any freight left after an event will be charged a fee of $100 per day. r Insurance Requirements Comprehensive Public Liability Insurance + Proof of current comprehensive public liability insurance is required for all events at the Brazos County Exposition Complex. A one million dollar ($1,000,000) public liability insurance policy for bodily injury or death is required. The policy must name the Brazos County Exposition Complex as additional insured. The policy must be effective during the lease times as stated on the contract, including move-in and move-out dates. At the discretion of the Complex Director, insurance may be waived for certain non- public events. Move-In and Move-Out Move-in and move-out days are from 8:00 a.m. until 5:00 p.m. The rental fee for move-in and move-out days do not include air conditioning or heating. If air conditioning or heat is needed the show day rate will apply. Additional hours outside of the move-in and move-out time period will be charged at $75 for each hour. Security The Complex Director establishes security officer requirements. Officers are required at any event having alcohol and any event having over 100 guests. Only uniformed certified peace officers that are employed by a municipal, county or state law enforcement agency having local jurisdiction are used. Officers must be paid individually by Lessee at the commencement of the event. The number of officers required is provided to you upon contracting for your event. The fee for security officers is $20 per hour per officer. Sienaae Banners, posters or signs are prohibited from being attached to the inside or outside walls. The use of adhesive, tape, pushpins, nails, screws, etc... is strictly prohibited. All outside banners must be approved and displayed by Exposition Complex staff at a fee of $20 per banner. r a aS PAGE3 r s OUTSIDE CATERING FEE Events with food and Events with non-alcoholic beverages Food and Alcohol Minimum $1.00 per person $1.50 per person Maximum 10% of gross amount 15% of gross amount .50 per person 1.00 Outside Catering fee is based on which amount is greater. Alcohol Policy Alcohol must be purchased through the Complex Concessionaire or through an approved alcohol vendor. Events serving alcohol will be charged an additional $150 deposit and security will be required. Catering The Brazos County Exposition Complex does provide catering through the Complex Concessionaire. Outside Catering may be approved by the Complex Director and an outside/self-catering fee will apply. *Self Catering and Alcohol Events providing self-catering and alcohol must have a TABC permit on file at the Brazos County Exposition Complex office two (2) weeks before the event. All bartenders must be certified and present a copy of their certification to the Complex management office before the event. In addition to a General Liability insurance policy in the amount of one million (1,000,000) dollars, a Liquor Liability insurance policy in the amount of one million (1,000,000) will also be required. Security Requirements The Complex Director establishes security officer requirements. Officers are required at any event having alcohol and any event having over 100 guests. Only uniformed certified peace officers that are employed by a municipal, county or state law enforcement agency having local jurisdiction are used. Officers must be paid individually by Lessee at the Commencement of the event. The number of officers required is provided to you upon contracting for your event. The fee for security officers is $20 per hour per officer. ' *The Complex Director will determine Security Officers required for events having more than 750 guests. we PAGE 4 L J(0 SECURITY REQUIREMENTS .r r COVERED ARENA AND STALL BARN Covered Arena* $1200.00 Stall barn Livestock/Equestrian Event 500.00 Horse Stall Rental $15 Security Deposit %2 of the Rental Fee Move-in/Move-out Day % of the Rental Fee Additional Hours $75.00 per hour *EQUESTRIAN EVENTS $25 0-99 stalls per day $1200.00 per da 100-149 stalls per day ' $ 700:00 per day 150-199 stalls per day $ 500.00 per day 200 or more,stalls per day Waived , EQUIPMENT FEES $35 PAGE5 *LIVESTOCK EVENTS Damages are charged at cost plus 25% Dirt and Sand hauling and spreading are per event specifications. Animals No dogs or other pets will be brought into the facility, with the exception of persons requiring service animals for visual impairment, disability or medical reasons, without written permission from the Director of the Complex. i Arrangements/Final Plans Lessee is responsible for contacting the Brazos County Exposition Complex with their complete plans four (4) weeks prior to the event. Arrangements are not guaranteed unless it is in writing and signed by a representative of the Complex. w Bedding No straw or hay shall be used as bedding. All livestock and horses will be bedded in pine shavings. Livestock events will be required to purchase shavings from the Brazos County Exposition Complex. Horse events will be required to purchase shavings from the Brazos County Exposition Complex for each horse stall rented. Shavings will not be required for tack stalls rented. Cancellations In order to receive a deposit refund, cancellation notice must be given 60 days before the event. The lessee will forfeit all of their contracted fees if cancellation is received less than 48 hours before the time of occupancy. Cleaning Clean-up of the Brazos County Exposition Complex is the responsibility of the lessee. Cleaning will include the arena, stands, the grounds (inside and outside) and the concession stand (if leased). Trash receptacles should be emptied into the large dumpsters. Manure is to be placed in the appropriately marked containers. If lessee does not complete the clean-up after an event, a charge of $25 per man, per hour with a maximum of $400 will be assessed to the Lessee. Clean-up of the bedding material is the responsibility of the Brazos County Exposition Complex. Late Clean-up Lessee must have the Brazos County Exposition Complex clean and all belongings removed from the complex by 12:00 noon the day following the lease. Late clean-up will require a late clean-up fee. Damages Lessee is responsible for damages incurred while the lessee is utilizing the Brazos County Exposition complex. Damages are charged at cost plus 25%. Decorations The Lessee is responsible for their own safety and the safety of those associated with their event during the installation, display, and removal of all decorations. Decorations causing damage to floors, walls or other structures are not permitted. This includes the use of tape, tacks, nails or staples. Insurance requirements Proof of comprehensive Public Liability Insurance is required for all covered arena events. A one million dollar ($1,000,000) public liability insurance policy for bodily injury or death is required. The policy must name the Brazos County Exposition Complex as additional insured. The policy must be effective during the lease times as stated on the contract, including move-in and move-out dates. First Aid Lessee may be required to provide, at the Complex Director's discretion, certified first aid personnel » during the lease term. Lessee assumes total responsibility for the qualifications and actions of first aid personnel. Any accidents or incidents requiring first aid treatment must have a written report and a copy must be filed with the Complex management office by the close of the event. PAGE 6 Liability The Brazos County Exposition Complex is not responsible for any theft, vandalism, accidents or injury to persons, property or livestock. Move-In and Move-Out Move-in and move-out days are from 6:00 a.m. until 12:00 a.m. The rental fee for move-in and move-out days include half light only. If full lighting is needed the show day rate will apply. Additional hours outside of the move-in and move-out time period will be charged at $75 for each hour. Security The Complex Director establishes security officer requirements. Officers are required at any event having alcohol and any event having over 100 guests. Only uniformed certified peace officers that are employed by a municipal, county or state law enforcement agency having local jurisdiction are used. Officers must be paid individually by Lessee at the commencement of the event. The number of officers required is provided to you upon contracting for your event. ^ The fee for security officers is $20 per hour per officer. Stall Area Usage The stall area used by the Lessee is to be determined by the Brazos County Exposition Complex Director. RV Hook-up RV space is available on a limited, first-come basis. The rental fee is $20 per day per RV. PAGE 7 Bell County Expo - Rates Rates Home Calendar A Rates/Policies » Rates Policies Contract emu- Print Rates Page I of 3 I General Info I Ticket Info I Contact Us I SFarE Maps & Seating Sponsors Rates/Policies RATES MAIN ARENA $2000.00 per show vs. 10% of gross ticket sales to a maximum of $6000 *(exempt from table and chair fees) $2000.00 all day rental, non-ticketed $250 per hour for additional time outside of 6am-Midnight Rodeo Seating I Concert Seating i-i 254-933- ASSEMBLY HALL $400.00 per 6-hour period $700.00 per full day $75 per hour for additional time outside of 6am-Midnight Assembly Hall EXPOSITION BUILDING EXPO ARENAS - $325.00 per day Includes both indoor and outdoor arenas (75 stalls rented per day and arenas will be at no cost) EXHIBIT AREA - $600.00 per day TOTAL EXPOSITION BUILDING RENTAL-$800.00 per day - $75 per hour for additional time outside of 6am-Midnight Exposition Building SPECIAL EVENTS ROOM Includes permanent furniture in the room. Set-up in the room does not change unless tables are added at cost stated on rate sheet. $250.00 per 6-hour period $500.00 all day $75 per hour for additional hours outside of 6am-Midnight Special Events Room " CONFERENCE ROOM $100 Per Day HORSE BARN $12 per stall/per night, lessee sells minimum of 10 stalls per night MOVE-IN/MOVE-OUT POLICY Event activity may commence at 6am. The 6-hour period immediately preceding an event is provided at no charge, if available, and assuming it is on the same day. All other move-in and move-out days are charged at one-half of the show day rate and are provided with minimum utilities (lights only.) If air-conditioning is desired, show day rates will apply. EQUIPMENT FEES AND SERVICES Equipment (applies to Expo inventory only) PAGE 8 http://www.bellcountyexpo.com/rates.cfm r w ar w Bell County Expo - Rates Tables* Chairs* Staging 4x8x2' high 4x8x4' high Concert Stage (60x40) Upright Piano Sheep/Hog Panels Cattle Panels Livestock Scales Rodeo Bucking Chutes* (includes 6 chutes, alleys amd de-riggin only) Roping Box* Shavings Sale Ring Electrical Panels Expostion Outside Arena Electrical Drops Electrical Cords Telephone Line Wireless Mic Additional Wired Mics TV/VCR Overhead Projector Slide Projector Screen 6x6 Screen gx9 Portable PA Linens FEES Novelty Sales Catering Fee Self Catering Fee Damages Dirt & Sand Hauling & Spreading *No Charge for ticketed Main Area Events SERVICES Forklift Audio Engineer Marquee Operator http://www.bellcountyexpo.com/rates.cfm Page 2 of 3 $3.00/ea per day $0.35/ea per day $5.00/per section $300.00 $35.00 $2.00/ea $3.00/ea $50.00 $300.00 $50.00 $6.00/per bag (Expo sells) $5.50/per bag (lessee sells) $250.00 $75.00 (200amp 3 phase) $25.00/ea (60amp 3 phase) $3.00/ea $50.00 $20.00/peruse $10.00/ea $15.00 $15.00 $15.00 $10.00 $20.00 $50-200 (priced upon application) Quoted by Expo Caterer/Concessionaire for non-food purposes only. 25% of gross sales (less tax) 10% of retail value of meal $0.50/per person Cost plus 20% Quoted per event specifications $25.00/per hour with driver $13.50/per hour / 4 hour min call $13.50/per hour/ 4 hour min call PAGE 9 n n r r r a r a a Bell County Expo - Rates Stagehand Stagehand, Rigger Usher Commisioned Security Private Security Copyright @ 2000 - 2006 Bell County Expo Center. All Rights Reserved. Legal Notices and Trademarks Privacy Statement Site Design by Woodward Creative Group, LLC http://www.belleountyexpo.com/rates.cfm Page 3 of 3 $13.50/per hour/ 4 hour min call $18.00/per hour/ 4 hour min call $7.50/per hour / 4 hour min call $15.50/per hour/ 4 hour min call $11.00/per hour/ 4 hour min call PAGE 10 1 y Y w THE LONE STAR CONVENTION & EXPO CENTER RENTAL RATES PROXIMATE APPROXIMATE NON-PROFIT FACILITY COMMERCIAL RATE SQ.FT. DIMENSIONS RATE The Lone Star Convention Center Bluebonnet Ball Room $2,000.00 22,300 190'x118' $1,400.00 Bluebonnet Ball Room Section 1 $1,250.00 14,804 126 x 118' $850.00 Bluebonnet Bag Room Section 2 $375.00 3,706 59 x 64' $362.50 Bluebonnet Bag Room Section 3 $375.00 3,706 59'x64' $362.50 Bluebonnet Bel Room Section 2 & 3 $750.00 7,552 118'x64' $525.00 San Jacinto Room $800.00 4,777 98'x 49 $560.00 San Jacinto Room Section 1 $400.00 2,376 48'x 49' $280.00 San Jacinto Room Section 2 $400.00 2,376 4641.4.9'. $280.00 Yelow Rose Meeting Room 1 $60.00 600 20' x 30' $80.00 Yellow Rose Meeting Room 2 $80.00 600 20' x 30' $80.00 Yellow Rose Meeting Room 1 & 2 $160.00 1,200 40'x 30' $160.00 Yellow Rose Meeting Room 3 $80.00 600 20' x 30' $80.00 Yellow Rose Meeting Room 4 $80.00 600 29x39 $80.00 Yellow Rose Meeting Room 3 & 4 $160.00 1,200 40'x 30' $160.00 Yellow Rose Meeting Room 5 $80.00 600 20' x 30' $80.00 Yellow Rose Meeting Room 6 $80.00 600 20'x 30' $80.00 Yellow Rose Meeting Room 5 & 6 $160.00 1,200 40'x 30' $160.00 Entire Bugding $3,000.00 56,000 Lone Star Expo & Equestrian Center $ $2,100.00 a Center Covered Arena $1,500.00 5,000 seals with 123 x 2W dUt dig $1,050.00 Equestrian Center (Covered) Arena Equestrian Center Concession Stalls -1st Da $500.00 500 seals with 110' x 150' did dog $200.00 " xr $15.00 $250.00 $100.00 $15.00 Stalls - 2nd Da $25.00 s $25.00 Stalls - 3rd Da $35.00 $35.00 Stalls - 41h Day $45.00 _ ~ $45.00 Stalls - 5th Da $55.00 $55.00 t,OrneS Convention R F.xlkt Censer Move In/Out Rates are 50% of the Rental Rate and does not include Air Conditioning, Heat or Full hting P a r 33. PAGE 11 w w a r ~01 ~,,orieS o% F- Com eniion & Expo Come, MONTGOMERY COUNTY FAIRGROUNDS EQUESTRIAN CENTER (ARENA) & FESTIVAL AREA RENTAL RATES AddiUOnal Electrical (110 volt) $25.00 1 1 $25.00 Electrical (220 volt) $45.00 $45.00 Concession Fee $200.00 $100.00 (Concession Fee applies to any event selling food & beverage with exception of 4-H ! FFA events. 34 PAGE 12 MISCELLANEOUS EQUIPMENT & SERVICES FEES ITEM PER $ PRICE Tables 4.00 DAY Chairs .50 DAY Stage 4x8 5.00 ;s EVENT Stage 6x8 10.004H EVENT Dance floor 5.00 EVEN Forklift 20.00 HOIIR 110v Receptacles 25/35/45 ° 1/2/3 DAY 208v Receptacles 45/55/65= 1/2/3 DAY 208v 3-Phase 45/55/65 1/2/3 DAY Special electrical TBD TBD Telephone line y=:' 35.00 , 0 EVENT Data line TBD TBD 8x8 Screen 15.00 EVENT 10x10 Screen 75.00 EVENT 12x12 Screen 75.00 EVENT Overhead projector „,,r"; 25.00 DAY TV/VCR 70.00 DAY Pipe a Drape 6.00 ft EVENT D erase boards r ` 5.00 EVENT Easels 4.00 EVENT Miser board 25.00 r DAY Spot light 75.00 - DAY Clean-up charges 25.00'- MAN/HOUR Outside catering fee. ; Minimum 1.50 xF MEAL Maximum 15% MEAL Outside E ui ment 25% Markup ITEM w 'A Ar PAGE 13 a s M r w t rw MISCELLANEOUS EQUIPMENT & SERVICES FEES ITEM $ PRICE PER Tables 100 - 6' rounds 200 - 8'x 30" rectangles 30 - 6' z 30" rectangles 30 - 6" x 18" rectangles 4.00 each DAY 1,200 -Chairs .50 each 4 DAY 45 - 4'z 8' Stage Sections 5.00 each ` . - EVENT 6 - 6'z 8' Stage Sections 10.00 each EVENT 100 - 3' z 3'- Sections Dance floor 5.00 each ' EVENT Forklift 20.00 HOUR 110v Receptacles 25/35/45 1/2/3 DAY 208v Receptacles 45/55/65 1/2/3 DAY 208v 3-Phase ill 45/55/65 1/2/3 DAY Special electrical TBD TBD 4 -Telephone line 35.00 each EVENT Data line TBD TBD W Screen 15.00 each EVENT 1-10x10 Screen 75.00 each EVENT 1- 12x12 Screen 75.00 each EVENT 2 - Overhead ro'ector 25.00 each DAY 2 - TV/VCR 70.00 each DAY 100' -Pi z Drape 6.00 ft t: EVENT 4 -D erase boards 5.00 each EVENT 6 -Easels 4.00 each EVENT 1-Mixer board 25.00 each vRM'. DAY 1-S of light 75.00 each DAY Clean-up charges 25.00 MAN/HOUR Outside catering fee: Minimum 1.50 MEAL Maximum 15% MEAL Outside Equipment 25% Marku ITEM ow PAGE 14 RENEWAL ACCEPTANCE By signing herewith, Howell Service Corp. agrees to renew Annual Contract for Janitorial Services, in accordance with all terms and conditions previously agreed to and accepted, and with no increase in price. I understand this agreement will be for the period beginning October 1, 2006 through September 30, 2007. Howell Service Corp. Aut o ized Signature 9- 8-o& Date BRAZOS COUNTY APPROVED: ~/i9z'L% R ndy Sims, Cou udge Date g~ C37 Tee Brazos County `s~T. of Purchasing Department 300 EAST 26TH STREET SUITE 117 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 Pat Howard, Purchasing Agent Becky Stephens, Asst. Purchasing Agent Marcia Mann, Senior Buyer DATE: September 19, 2006 TO: Katie Conner, County Auditor FROM: Randy Sims, County Judge RE: WAIVER Please be advised that on this 19th day of September, 2006, at a Regular Session of the Commissioner's Court at which the following members were present: Randy Sims County Judge Lloyd Wasserman d# Commissioner, Precinct 1 E. Duane Peters Commissioner, Precinct 2 G. Kenny Mallard a~xpc& Commissioner, Precinct 3 Carey Cauley, Commissioner, Precinct 4 As provided in the Local Government C de, Section 113. 01(c), the Commissioners Court hereby waives the requirement of the County Judge's signature on requisitions and payment authorizations that have previously been exempted from competitive bids for the following services: 1. Indigent health care services, as authorized by the Brazos Valley Council of Governments, with contracted vendors ]LGC 262.024 (a)(2)]. 2. Counseling and assessments of juvenile detainees, as authorized by the Brazos County Juvenile Services Department, with contracted vendors ]LGC 262.024(a)(4)1. 3. Professional services as authorized by Brazos County Court at Law Number One, Brazos County Court at Law Number Two, 85th District Court, 272Nd District Court, and 361" District Court in a properly authorized Court order, to include court-appointed attorneys and interpreters. ]LGC 262.024(a)(4)]. 4. Contract placement of juvenile detainees, as authorized by the Brazos County Juvenile Services Department, with contracted vendors. 5. Electric power, natural gas, water or other utility services. 6. Child Protection Services expenditures. g t3 Op Brazos County Purchasing Department r o~ 300 EAST 26TH STREET SUITE 117 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 MEMO TO: FROM: RE: Pat Howard, Purchasing Agent Brazos County Commissioners Court Exemption From Competitive Bidding Requirements Please be advised that on this 19th day of September, 2006, at a Regular Session of the Commissioners' Court on which the following members were present: Randy Sims, County Judge ab5m-i- Lloyd Wassermann, Commissioner, Precinct 1 llti+ ncCvwrti E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 ab-,ejg+ Carey Cauley, Jr., Commissioner, Precinct The Commissioners' Court has determined that there is a ► eed to exempt he - endor(s) listed below from the competitive bidding requirement for fiscal year 2006-2007 as follows: COMPANY: ALEX QUIROS, LPC PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: ALLIANCE TRANSPORTATION GROUP PRODUCT/SERVICE: PROFESSIONAL SERVICES - DATA COLLECTION/FORECAST STUDY STATUTE: 262.024(a)(4) COMPANY: ANNA SATTERFIELD, Ph.D. PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: ASSOCIATES FOR APPLIED PSYCHOLOGY / BRIAN STAGNER, Ph.D. PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) 8~ COMPANY: PRODUCT/SERVICE: STATUTE: ATMOS ENERGY UTILI'T'IES 262.024(a)(7)(C) COMPANY: AUTOMATION DISPLAYS, INC PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - CONTROL BOARD (MAINT DEPT) STATUTE: 262.024(a)(7)(D) COMPANY: PRODUCT/SERVICE: STATUTE: COMPANY: PRODUCT/SERVICE: STATUTE: COMPANY: PRODUCT/SERVICE: STATUTE: COMPANY: PRODUCT/SERVICE: STATUTE: COMPANY: PRODUCT/SERVICE: STATUTE: BEN SANFORD AND ASSOCIATES PROFESSIONAL SERVICES - CONSULTING 262.024(a)(4) BEST ACCESS SYSTEM CAPTIVE REPLACEMENT PARTS - COURTHOUSE KEY SYSTEM 262.024(a)(7)(D) BRAD KERR SURVEYING PROFESSIONAL SERVICES - SURVEYING 262.024(a)(4) BRAZOS ABUSE INTERVENTION PROGRAM VERNON VAN ROOY, LPC PROFESSIONAL SERVICES - COUNSELING 262.024(a)(4) BROOKS LAND SURVEY CO. PROFESSIONAL SERVICES - SURVEYING 262.024(a)(4) COMPANY: BRUCHEZ, GOSS, MERNOFF, THORNTON & HAWTHORNE PRODUCT/SERVICE: PROFESSIONAL SERVICES - LEGAL STATUTE: 262.024(a)(4) COMPANY: BRYAN FREIGHTLINER PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - FREIGHTLINER STATUTE: 262.024(a)(7)(D) COMPANY: BRYAN TEXAS UTILITIES PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) COMPANY: BRUSHY WATER SUPPLY CORP PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) COMPANY: BUCHANAN SOIL MECHANICS PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING STATUTE: 262.024(a)(4) COMPANY: CARLOMAGNO SURVEYING, INC. PRODUCT/SERVICE: PROFESSIONAL SERVICES - CONSULTING/SURVEYING STATUTE: 262.024(a)(4) p) c(P 40 COMPANY: CITY OF BRYAN PRODUCT/SERVICE: EMERGENCY CALLS STATUTE: 262.024(a)(2) COMPANY: CITY OF COLLEGE STATION PRODUCT/SERVICE: EMERGENCY CALLS STATUTE: 262.024(a)(2) COMPANY: COUFAL - PRATER PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - JOHN DEERE STATUTE: 262.024(a)(7)(D) COMPANY: CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING/CONSULTING STATUTE: 262.024(a)(4) COMPANY: DEPARTMENT OF EDUCATION PSYCHOLOGY / DAVE LAWSON Ph.D. PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: DEPARTMENT OF PSYCHOLOGY / DOUG SNYDER, Ph.D. PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: DR MAHESH DAVE PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: DR RANEY CHERIAN PRODUCT/SERVICE: PROFESSIONAL SERVICES - MEDICAL STATUTE: 262.024(a)(4) COMPANY: FAMILY PSYCHOLOGICAL SERVICE PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: GARRETT ENGINEERING PRODUCT/SERVICE: PROFESSIONAL SERVICES-ENGINEERING/SURVEYING STATUTE: 262.024(a)(4) COMPANY: GOODWIN-LASITER, INC. PRODUCT/SERVICE: PROFESSIONAL SERVICES - SURVEYING STATUTE: 262.024(a)(4) COMPANY: GULF COAST TRADES CENTER PRODUCT/SERVICE: PROFESSIONAL SERVICES - JUVENILE PLACEMENT STATUTE: 262.024(a)(4) COMPANY: HALT CONTROL - RESPONSIBILITY / ROY LUEPNITZ, Ph.D. PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: HI-WAY EQUIPMENT PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - ROSCO STATUTE: 262.024(a)(7)(D) (.ti,Q. ~'tSixL l COMPANY: HOGAN'S TRUCK EQUIPMENT - INTERNATIONAL PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS STATUTE: 262.024(a)(7)(D) COMPANY: HUNTON TRANE SERVICES PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - TRANE (CHILLER SYSTEM) STATUTE: 262.024(a)(7)(D) COMPANY: IDEXX LABORATORIES PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - LAB STATUTE: 262.024(a)(7)(D) COMPANY: IKON/TEXAS COPY PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - CANON STATUTE: 262.024(a)(7)(D) COMPANY: INDIGENT HEALTH CARE PROGRAM PRODUCT/SERVICE: PUBLIC HEALTH AND SAFETY STATUTE: 262.024(a)(2) COMPANY: J.P. BOWLIN PRODUCT/SERVICE: SOLE SOURCE/PROFESSIONAL SERVICES - R & B LOAD WEIGHT SCALE MAINTENANCE & CERTIFICATION STATUTE: 262.024(a)(7)(A) COMPANY: JOHN HAMILTON PRODUCT/SERVICE: PROFESSIONAL SERVICES - APPRAISALS STATUTE: 262.024(a)(4) COMPANY: K.W. BROWN & ASSOCIATES PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING STATUTE: 262.024(a)(4) COMPANY: PRODUCT/SERVICE: STATUTE: COMPANY: PRODUCT/SERVICE: STATUTE: COMPANY: PRODUCT/SERVICE: STATUTE: COMPANY: PRODUCT/SERVICE: STATUTE: COMPANY: PRODUCT/SERVICE: STATUTE: KENNEDY-HOLTKAMP, INC. PROFESSIONAL SERVICES - APPRAISALS 262.024(a)(4) KLING ENGINEERING PROFESSIONAL SERVICES - ENGINEERING/SURVEYING 262.024(a)(4) LIFE SIGN LLP SOLE SOURCE - DRUG SCREENING (FDA Approved) 262.024(a)(7)(A) LUTHERAN SOCIAL SERVICES PROFESSIONAL SERVICES - JUVENILE PLACEMENT 262.024(a)(4) MUNICIPAL DEVELOPMENT GROUP PROFESSIONAL SERVICES - ENGINEERING 262.024(a)(4) 96 . 4 oZ COMPANY: MUSTANG TRACTOR PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - CATERPILLAR STATUTE: 262.024(a)(7)(D) COMPANY: OSR WATER SUPPLY CORP. PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) COMPANY: PAT HICKS, LCDC PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: PATTERSON ARCHITECTS PRODUCT/SERVICE: PROFESSIONAL SERVICES - ARCHITECT STATUTE: 262.024(a)(4) COMPANY: PORTIA SMITH PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: PUBLIC FINANCIAL MANAGEMENT (PFM) PRODUCT/SERVICE: PROFESSIONAL SERVICES - FINANCIAL STATUTE: 262.024(a)(4) COMPANY: R.B. EVERETT PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - BROCE & ETNYRE STATUTE: 262.024(a)(7)(D) COMPANY: RAYBON METCALF ENGINEERING PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING STATUTE: 262.024(a)(4) COMPANY: RILEY ENGINEERING PRODUCT/SERVICE: PROFESSIONAL SERVICES - ENGINEERING/ SURVEYING STATUTE: 262.024(a)(4) COMPANY: S. T. LOVETT & ASSOCIATES PRODUCT/SERVICE: PROFESSIONAL SERVICES - APPRAISALS STATUTE: 262.024(a)(4) COMPANY: SCOTT & WHITE CLINICS PRODUCT/SERVICE: PROFESSIONAL SERVICES - MEDICAL STATUTE: 262.024(a)(4) COMPANY: STILL CREEK RANCH PRODUCT/SERVICE: PROFESSIONAL SERVICES - JUVENILE PLACEMENT STATUTE: 262.024(a)(4) COMPANY: STRONG SURVEY PRODUCT/SERVICE: PROFESSIONAL SERVICES - SURVEYING STATUTE: 262.024(a)(4) COMPANY: TEXAS AVENUE MEDICAL CLINIC PRODUCT/SERVICE: PROFESSIONAL SERVICES - MEDICAL STATUTE: 262.024(a)(4) g 43 COMPANY: TEXAS COMMERICAL WASTE PRODUCT/SERVICE: PUBLIC HEALTH & SAFETY - WASTE REMOVAL STATUTE: 262.024(a)(2) COMPANY: TEXAS VOTING SYSTEMS PRODUCT/SERVICE: PROFESSIONAL SERVICES - ELECTION SERVICES STATUTE: 262.024(a)(4) COMPANY: THE COUNSELING CENTER/MS. TAMMERA BROWN, LPC PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: TIBURON, INC. PRODUCT/SERVICE: PUBLIC SAFETY-911 SOFTWARE STATUTE: 262.024(a)(2) COMPANY: TRACY THOMAS PRODUCT/SERVICE: PROFESSIONAL SERVICES - COUNSELING STATUTE: 262.024(a)(4) COMPANY: UNISYS PRODUCT/SERVICE: PROFESSIONAL SERVICES- ARCHIT/ENG/DESIGNBLD STATUTE: 262.024(a)(4) COMPANY: VERIZON PRODUCT/SERVICE: UTILIES STATUTE: 262.024(a)(7)(C) COMPANY: WASTE SYSTEMS EQUIPMENT, INC. PRODUCT/SERVICE: CAPTIVE REPLACEMENT PARTS - ROAD PATCHING MACHINE STATUTE: 262.024(a)(7)(D) COMPANY: WELLBORN WATER SUPPLY PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) COMPANY: WICKSON CREEK S.U.D. PRODUCT/SERVICE: UTILITIES STATUTE: 262.024(a)(7)(C) COMPANY: WINSTEAD, SECHREST AND MINICK P.C. ATTORNEY, PAUL MARTIN PRODUCT/SERVICE: PROFESSIONAL SERVICES - LEGAL STATUTE: 262.024(a)(4) 8,~ ; 4µ STATE AND LOCAL GOVERNMENT Product Schedule Image Management Plus Document Efficiency At Work." Product Schedule State and Local Government Master Agreement Numben This Image Management Plus Product Schedule ("Schedule") is made part of the State and Local Government Master Agreement ("Master Agreement") identified on this Schedule between IKON Office Solutions, Inc. ("we" or "us') and as Customer ("you'). All terms and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the patties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement CUSTOMER INFORMATION C}ystome z-,DIl to o ouN-~' T ,Q IS CC1 > iS BD ~(o~tn 5~„C Product Lo lion 1 30e z(D e 32 ress Evan 8ti^azds Tn ?7YOZ Address City County State Zip City County State Zip Customer Concoct Name: Customer Telephone Number: Fax Number/E-mail Address: title tw Cov. ~e \ 474' - 3 (01- 35`2 PRODUCT DESCRIPTION ("PRADImTR"I Quantity Equipment Description: Make, Model & Serial Number Ouantity Fouiumrmr T)-A...:,..,. AA..&_ M..Aet c. c._:_t ➢1 to VKU C 0 , 1 PAYMENT SCHEDULE Minimum Term (mos.) Cost Cost of Guaranteed Minimum Meter ReadingBilling 5 t lth~7(1n $ Per Image a ditionual ages onthl /Quarterly/Other Ima es 10 000 For Additional Images g 1 M hl - ont y Minimum Payment Payment Due Advance Payment (with tar) $ Quarterly With ut T $ /7/S- o • i 0 -A-Monthly -Quarterly (Apply to Or Payment - X Other -Other Other n A-Mxl(q,, rl lio r Sales Tax Exempt: Y'a' Yes (Attach Exemption Certificate) Customer Billing Reference Number (P.O.A, etc.) Addendum(s) Attached: ❑ Yes (Check if yes and indicate total number of pages: 1 TERMS AND CONDITIONS 1. The Don payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form. 2. You, the undersigned Customer, have applied to us to use the above-described items ("Products") for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL., NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product(s) on all the terms hereof, including the Terms and Conditions on the Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3. Imagt Chargcs M to s In return for the Minimum PaymenS you are emided to we the number of Guaranteed Minimum Monthly/Quarterly/Other Images. If you use more than the Guaranteed Minimum Monthly/Quarterly/Other Images in any monthly/quarterly/other period, as applicable, you will additionally pay a charge equal in the number of additional metered images times the Cost of Additional Images. If we determine that you have used more than 20% over the manufacturer's recommended specifications for supplies, you agree to pay reasonable charges for those excess supplies. The meter reading frequency is the period of time (monthly, quarterly, semi-annually or annually) for which the number of images used will be reconciled. The meter reading frequency and corresponding additional charges, if any, may be different than the Minimum Payment frequency. You will provide us or our designee with the actual meter reading upon request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for addi- tional images will be made upon receipt of actual meter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment 4. Additional Provisions (if any) are: CUSTOMER Tide: Date: gW010 A orized Si io (Authorized Si s printed name) IKON OFFICE SOLUTIONS, INC. X.. Tide: Date:. Authorized Signer (Authorized Signer's printed name) 45 Document Efficiency Image Management Plus Commitments at work" The below performance commitments (collectively, the `Guarantees' are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON'), one of the largest distributors of office solutions in the world. The words "you" and "your" refer to you, our customer. You agree that IKON alone is the party to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Guarantees. The Guarantees are only applicable to the equipment ("Products") described in the Schedule to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Products are accepted by you and apply during IKON's normal business hours, excluding weekends and IKON-recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your part. TERM PRICE PROTECTION The Image Management Cost Per Image and the Cost of Additional Images, as described on the Schedule, are guaranteed against any price increase during the term of the Schedule, unless agreed to in writing and signed by both parties. SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement parts, drums, labor and all service calls, during normal business hours, excluding weekends and IKON-recognized holidays. Performance issues relating to software and/or connectivity are inde- pendent of these Guarantees and may be covered, if applicable, as out- fined in any software/comectivity professional services agreement you may separately enter into with IKON. IKON will also provide the sup- plies required to produce images on the Products covered under the Schedule (other than non-metered Products and soft-metered Products), excluding staples. The supplies will be provided according to manufacturer's specifications. Optional supply items such as paper and transparencies are not included. GUARANTEED RESPONSE TIME IKON guarantees a quarterly average response time of 2 to 6 hours for all service calls located within a 30 mile radius of any IKON office, and 4 to 8 hours for service calls located within a 31-60 mile radius for the term of the Schedule. (In the case of Canon iR 110 machines, the quar- terly average response time will be 2 hours for all service calls.) Response time is measured in aggregate for all Products covered by the Schedule. If this response time guarantee is not met, a credit equal to $100 toward your next purchase from IKON will be made available upon your request. Credit requests must be made in writing via regis- tered letter to the address specified in the "Correspondence" section. UPTIME PERFORMANCE GUARANTEE IKON will service the Products provided under the Schedule to be operational with a quarterly options average of 95% (based on manu- facturers performance standards and an 8-hour day, during normal business hours, excluding weekends and IKON-recognized holidays), excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON. You agree to make the Products available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any critical and specific uptime needs you may have so that IKON can schedule with you interim and preventive maintenance in advance of such needs. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Plus Schedule to which these Guarantees relate, IKON will, upon your request, review your image volume. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new image volume. If you agree that additional equipment is required to satisfy your increased image volume requirements, IKON will include the equipment in the pricing options. The addition of equipment and/or increases/decreases to the Guaranteed Minimum Images require a new Schedule that must be agreed to and signed by both parties. The new Schedule may not be less than the remaining term of the existing Schedule but may be extended for a term equal to that of the original Schedule. Adjustments to the Guaranteed Minimum Images commitment and/or the addition of equipment may result in a higher or lower cost per image and payment. Image decreases are limited to 25% of the original Guaranteed Minimum Images. UPGRADE GUARANTEE At any time after the expiration of one-half of the original term of the Schedule to which these Guarantees relate, you may reconfigure the Products by adding, exchanging, or upgrading to an item of Products with additional features or enhanced technology. A new Schedule of like original term most be agreed to and signed by you and us. The Image Management Cost Per Image, the Cost of Additional Images and the Minimum Payment of the new Schedule will be based on the Products, the added equipment and new image volume commitment. PERFORMANCE COMMITMENT IKON is committed to performing these Guarantees and agrees to perform its services in a mamer consistent with the applicable manu- facturer's specifications. If IKON fails to meet any Guarantee and in the unlikely event that IKON is not able to repair the Products in your office, IKON, at IKON's election, will either provide a temporary loan- er while the Products are being repaired at IKON's service center, or IKON will replace such Products with comparable Products of equal or greater capability at no additional charge. If you are dissatisfied with IKONS performance, please send a registered letter outlining your concerns to the address specified below in the "Correspondence" section. Please allow 30 days for resolution. CORRESPONDENCE Please send all correspondence relating m the Guarantees via registered letter to the IKON Quality Assurance Department located at: 1738 Bass Road, Macon, GA 31210 Attn: Quality Assurance. The Quality Assurance Department will coordinate resolution of any performance issues concerning the above Guarantees with your local IKON office. MISCELLANEOUS These Guarantees do not cover repairs resulting from misuse (includ- ing without limitation improper voltage or the use of supplies that do not conform to the manufacturer's specifications) or any other factor beyond the reasonable control of IKON. IKON and you each acknowl- edge that these Guarantees represent the entire understanding of the parties with respect to the subject matter hereof and that your sole rem- edy for any Guarantees not performed in accordance with the forego- ing is as set forth under the section hereof entitled "Performance Commitment." Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of mer- chantability, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. These Guarantees shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Guarantees are not assignable by the Customer. You acknowledge and agree that, in con- nection with its performance of its obligations under these Guarantees, IKON may place automated meter reading units on imaging devices, including but not limited to the Products, at your location in order to facilitate the timely and efficient collection of accurate meter read dam on a monthly, quarterly or annual basis. IKON agrees that such units will be used by IKON solely for such purpose. Once transmitted, all meter read data shall become the sole property of IKON and will be utilized for billing purposes. IKON: Document Efficiency At Work"' and IKON Office Solutionse are trademarks of IKON Office Solutions, Inc. (~f. 4/ A ffik[T Image Management M. Schedule 4.04 STATE AND LOCAL GOVERNMENT Product Schedule Image Management Plus M Document Efficiency At Wade- Product Schedule State and Local Government Master Agreement Number. This Image Management Plus Product Schedule ("Schedule") is made part of the Sure and Local Government Master Agreement ("Master Agreement") identified on this Schedule between IKON Office Solutions, Inc. ("we" or "us") and , as Customer ('you"). All terms and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement. CUSTOMER INFORMATION 15*`ysQln 13i"¢zos TK 1'/$G3 City County State Zip Address City County State Zip Cusmmer Contact Name: Customer Telephone Number: Fax Number/E-mail Address: vk.e c a ~ Con ke / 479- 36 / - 5/357z PRODUCT 13ESCRIPTInN PRnmirTS"1 imie, Momei ix Selaai Number Make, Model & Serial Number PAYMENT SCHEDULE Minimum Term (mos.) / / g~ 1 -1'U OiAKS Cost $ Per Image Cost of $ ditional Images oqjq Guaranteed Minimum Monthly/Quarterly/Other Lnages aZ Meter Reading/Billing For Additional Images Minimum Payment $ 3Witho 0Tax 391 Payment Due A-Monrhly -Quarterly -Other Advance Payment (with tax) $ Apply to Pt Payment - Other - Monthly - Quarterly Other 11 N l4l 1 &DRjr ~ejT Sales Tax Exempt ji EYes (Attach Exemption Certificate) Customer Billing Reference Number (ROM, etc.) Addendum(s) Attached: Q Yes (Check if yes and indicate total number of pages: TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form. 2. You, the undersigned Customer, have applied to w to use the above-described items ("Products' for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product(s) on all the terms hereof, including the Terms and Conditions on the Master Agreement. TIRS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3.Imao Charges/Meters- In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Monthly/Quarterly/Other Images. If you use more than the Guaranteed Minimum Monthly/Quarterly/Other Images in any monthly/quarterly/other period, as applicable, you will additionally pay a charge equal to the number of additional metered images times the Cost of Additional Images. If we determine that you have used more than 20% over the manufacturer's recommended specifications for supplies, you agree to pay reasonable charges for those excess supplies. The meter reading frequency is the period of time (monthly, quarterly, semi-annually or annually) for which the number of images used will be reconciled. The meter reading frequency and corresponding additional charges, if any, may be different than the Minimum Payment frequency. You will provide us or our designee with the actual meter reading upon request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for addi- tional images will be made upon receipt of acmal meter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are CUSTOMER ///~/~y gyp`,.( Tale: Dim: Qf ~Tl..1' p, _Autlblvriud_Si_gnQl` Y"^'f./."^`F7 (/1Y L\ c) r\ S I m5 l rD U r,+U T u AG (Authorized Signer inted name) IKON OFFICE SOLUTIONS, INC. X Tide: Date: Authorized Signer (Authorized Signer's printed name) Document Efficiency Image Management Plus Commitments At Work.- The below performance commitments (collectively, the "Guarantees") are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON"), cne of the largest distributors of office solutions in the world. The words "you" and "your" refer to you, our customer. You agree that IKON alone is the party to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Guarantees. The Guarantees are only applicable to the equipment ("Products") described in the Schedule to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Products are accepted by you and apply during IKON's normal business hours, excluding weekends and IKON-recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your part. TERM PRICE PROTECTION The Image Management Cost Per Image and the Cost of Additional Images, as described on the Schedule, are guaranteed against any price increase during the term of the Schedule, unless agreed to in writing and signed by both parties. SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement parts, drums, labor and all service calls, during normal business bouts, excluding weekends and IKON-recognized holidays. Performance issues relating to software and/or connectivity are inde- pendent of these Guarantees and may be covered, if applicable, as out- lined in any softwam/connectivity professional services agreement you may separately enter into with IKON. IKON will also provide the sup- plies required to produce images on the Products covered under the Schedule (other than non-metered Products and soft-metered Products), excluding staples. The supplies will be provided according to manufacturer's specifications. Optional supply items such as paper and transparencies are not included. GUARANTEED RESPONSE TIME IKON guarantees a quarterly average response time of 2 to 6 hours for all service calls located within a 30 toile radius of any IKON office, and 4 to 8 hours for service calls located within a 31-60 mile radius for the term of the Schedule. (In the case of Canon iR 110 machines, the quar- terly average response time will he 2 hours for all service calls.) Response time is measured in aggregate for all Products covered by the Schedule. If this response time guarantee is not met, a credit equal to $100 toward your next purchase from IKON will be made available upon your request. Credit requests must be made in writing via regis- tered letter to the address specified in the "Correspondence" section. UPTIME PERFORMANCE GUARANTEE IKON will service the Products provided under the Schedule to be operational with a quarterly uptime average of 95% (based on manu- facturer's performance standards and an 8-hour day, during normal business hours, excluding weekends and IKON-recognized holidays), excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON. You agree to make the Products available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any critical and specific uptime needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Plus Schedule to which these Guarantees relate, IKON will, upon your request, review your image volume. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new image volume. If you agree that additional equipment is required to satisfy your increased image volume requirements, IKON will include the equipment in the pricing options. The addition of equipment and/or increases/decreases to the Guaranteed Minimum Images require a new Schedule that must be agreed to and signed by both parties. The new Schedule may not be less than the remaining term of the existing Schedule but may be extended for a term equal to that of the original Schedule. Adjustments to the Guaranteed Minimum Images commitment and/or the addition of equipment may result in a higher or lower cost per image and payment. Image decreases are limited to 25% of the original Guaranteed Minimum Images. UPGRADE GUARANTEE At any time after the expiration of one-half of the original term of the Schedule to which these Guarantees relate, you may reconfigure the Products by adding, exchanging, or upgrading to an item of Products with additional features or enhanced technology. A new Schedule of like original term most be agreed to and signed by you and us. The Image Management Cost Per Image, the Cost of Additional Images and the Minimum Payment of the new Schedule will be based on the Products, the added equipment and new image volume commitment. PERFORMANCE COMMITMENT IKON is committed to performing these Guarantees and agrees to perform its services in a manner consistent with the applicable manu- facturer's specifications. If IKON fails to meet any Guarantee and in the unlikely event that IKON is not able to repair the Products in your office, IKON, at IKON's election, will either provide a temporary loan- er while the Products are being repaired at IKON'S service center, or IKON will replace such Products with comparable Products of equal or greater capability at no additional charge. If you are dissatisfied with IKON's performance, please send a registered letter outlining your concerns to the address specified below in the "Correspondence" section. Please allow 30 days for resolution. CORRESPONDENCE Please send all correspondence relating to the Guarantees via registered letter to the IKON Quality Assurance Department located at: 1738 Bass Road, Macon, GA 31210 Attn: Quality Assurance. The Quality Assurance Department will coordinate resolution of any performance issues concerning the above Guarantees with your local IKON office. MISCELLANEOUS These Guarantees do not cover repairs resulting from misuse (includ- ing without limitation improper voltage or the use of supplies that do not conform to the manufacturer's specifications) or any other factor beyond the reasonable control of IKON. IKON and you each acknowl- edge that these Guarantees represent the entire understanding of the parties with respect our the subject matter hereof and that your sole rem- edy for any Guarantees not performed in accordance with the forego- ing is as set forth under the section hereof entitled "Performance Commitment." Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of mer- chantability, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. These Guarantees shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Guarantees are not assignable by the Customer. You acknowledge and agree that, in con- nection with its performance of its obligations under these Guarantees, IKON may place automated meter reading units on imaging devices, including but not limited to the Products, at your location in order to facilitate the timely and efficient collection of accurate meter read data on a monthly, quarterly or annual basis. IKON agrees that such units will be used by IKON solely for such purpose. Once transmitted, all meter read data shall become the sole property of IKON and will be utilized for billing purposes. 4K IKON: Document Efficiency At Work'• and IKON Office Solutions* are trademarks of IKON Office Solutions, Inc. SRLG Image Management Plus Sehedule 4.04 Document Efficiency At Work." Product Schedule State and Local Government Master Agreement Number:_ This Image Management Plus Product Schedule ("Schedule') is made part of the State and Local Government Master Agreement ("Master Agreement") identified on this Schedule between IKON Office Solutions, Inc. ("we" or "us") and as Customer ("you"). All terms and conditions of the Master Agreement are incorporated turn this Schedule and made a pan hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement. CUSTOMER INFORMATION ['jfrjzES , CO kx~ B CO tcu ~`v CI~TR Cugt~om~rl toL 7 ryl S~C 31~ ~(a Product Lo 70 E lion ;Z& y,yl 5 )Z - 0 n v T31~zz®s x 77Yo3 Address City County State Zip City County State Zip Customer Contact Name: Customer Telephone Number: Far Number/E-mail Address: An ctil o,cke) 97?- 361-935-;z PRODUCT-DESCRIPTION ("PRnn11CTSrrI Model & Serial Number Make, Model & Serial Number PAYMENT SCHEDULE Minimum Term (mos.) Cost Cost of Guaranteed Minimum Meter Reading/Billing 1 n iw Q~~S $ Per Image Additional Images LQ~~ 2Uua1 y/Qttarterly/Other Ima es l0 00 For Additional Images - g Monthl - y Minimum Payment Payment Due Advance Payment (with tax) $ -Quarterly Without Tar $ ~ O a OO Monthly -Quarterly Apply to Ist Payment CL' Ome _ -Other Other " tgyl4lpl~ 1 X CAC11~~`y Sales T. Exempt. V Yes (Attach Exemption Certificate) Customer Billing Reference Number (ROM, etc.) Addendum(s) Attached: ❑ Yes (Check if yes and indicate total number of pages: ) TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form. 2. You, the undersigned Customer, have applied to us to use the above-described items ("Products") for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT' FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product(s) on all the terms hereof, including the Terms and Conditions on the Master Agreement THIS RILL ACKNOVILEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. 3. IIntyge ChargeyM tern In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Monthly/Quarterly/Other Images. If you use more than the Guaranteed Minimum Monthly/Quarterly/Other Images in any monthly/quarterly/other period, as applicable, you will additionally pay a charge equal to the number of additional metered images times the Cost of Additional Images. If we determine that you have used more than 20% over the manufacturer's recommended specifications for supplies, you agree to pay reasonable charges for those excess supplies. The meter reading frequency is the period of time (monthly, quarterly, semi-annually or annually) for which the number of images used will be reconciled. The meter reading frequency and corresponding additional charges, if any, may be different than the Minimum Payment frequency. You will provide us or our designee with the actual meter reading upon request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for addi- fional images will be made upon receipt of actual meter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment 4. Additional Provisions (if any) are: CUSTOMER A - Tide: Dam:. (/64.41 17 /rythoriud C~ Pl (Authorized Sign ' printed name IKON OFFICE SOLUTIONS, INC. X Title: Date: Authorized Signer (Authorized Signer's printed name) 01 Image Management Plus Commitments Document Efficiency At Work." The below performance commitments (collectively, the "Guarantees") are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ("IKON"), one of the largest distributors of office solutions in the world. The words "you" and "your" refer to you, our customer. You agree that IKON alone is the party to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Guarantees. The Guarantees are only applicable to the equipment ("Products") described in the Schedule to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Products are accepted by you and apply during IKON'S normal business hours, excluding weekends and IKON-recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your part. TERM PRICE PROTECTION The Image Management Cost Per Image and the Cost of Additional Images, as described on the Schedule, are guaranteed against any price increase during the term of the Schedule, unless agreed to in writing and signed by both parties. SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement parts, drums, labor and all service calls, during normal business hours, excluding weekends and IKON-recognized holidays. Performance issues relating to software and/or connectivity are inde- pendent of these Guarantees and may be covered, if applicable, as out- lined in any software/connectivity professional services agreement you may separately enter into with IKON. IKON will also provide the sup- plies required to produce images on the Products covered under the Schedule (other than non-metered Products and soft-metered Produces), excluding staples. The supplies will be provided according to manufacturer's specifications. Optional supply items such as paper and transparencies are not included. GUARANTEED RESPONSE TIME IKON guarantees a quarterly average response time of 2 to 6 hours for all service calls located within a 30 mile radius of any IKON office, and 4 to 8 hours for service calls located within a 31-60 mile radius for the term of the Schedule. (In the case of Canon iR 110 machines, the quar- terly average response time will be 2 hours for all service calls.) Response time is measured in aggregate for all Products covered by the Schedule. If this response time guarantee is not met, a credit equal to $100 toward your next purchase from IKON will be made available upon your request. Credit requests must be made in writing via regis- tered letter to the address specified in the "Correspondence" section. UPTIME PERFORMANCE GUARANTEE IKON will service the Products provided under the Schedule to be operational with a quarterly uptime average of 95% (based on manu- facturer's performance standards and an 8-hour day, during normal business hours, excluding weekends and IKON-recognized holidays), excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON. You agree to make the Products available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any critical and specific uptime needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Plus Schedule to which these Guarantees relate, IKON will, upon your request, review your image volume. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new image volume. If you agree that additional equipment is required to satisfy your increased image volume requirements, IKON will include the equipment in the pricing options. The addition of equipment and/or increases/decreases to the Guaranteed Minimum Images require a new Schedule that must be agreed to and signed by both parties. The new Schedule may not be less than the remaining term of the existing Schedule but may be extended for a term equal to that of the original Schedule. Adjustments to the Guaranteed Minimum Images commitment and/or the addition of equipment may result in a higher or lower cost per image and payment. Image decreases are limited to 25% of the original Guaranteed Minimum Images. UPGRADE GUARANTEE At any time after the expiration of one-half of the original term of the Schedule to which these Guarantees relate, you may reconfigure the Products by adding, exchanging, or upgrading in an item of Products with additional features or enhanced technology. A new Schedule of like original term must be agreed to and signed by you and us. The Image Management Cost Per Image, the Cost of Additional Images and the Minimum Payment of the new Schedule will be based on the Products, the added equipment and new image volume commitment. PERFORMANCE COMMITMENT IKON is committed to performing these Guarantees and agrees to perform its services in a manner consistent with the applicable manu- facturer's specifications. If IKON fails to meet any Guarantee and in the unlikely event that IKON is not able to repair the Products in your office, IKON, at IKON's election, will either provide a temporary loan- er while the Products are being repaired at IKON's service center, or IKON will replace such Products with comparable Products of equal or greater capability at no additional charge. If you are dissatisfied with IKON's performance, please send a registered letter outlining your concerns to the address specified below in the "Correspondence" section. Please allow 30 days for resolution. CORRESPONDENCE Please send all correspondence relating to the Guarantees via registered letter to the IKON Quality Assurance Department located at: 1738 Bass Road, Macon, GA 31210 Attn: Quality Assurance. The Quality Assurance Department will coordinate resolution of any performance issues concerning the above Guarantees with your local IKON office. MISCELLANEOUS These Guarantees do not cover repairs resulting from misuse (includ- ing without Imitation improper voltage or the use of supplies that do not conform to the manufacturer's specifications) or any other factor beyond the reasonable control of IKON. IKON and you each acknowl- edge that these Guarantees represent the entire understanding of the parties with respect to the subject matter hereof and that your sole rem- edy for any Guarantees not performed in accordance with the forego- ing is as set forth under the section hereof entitled "Performance Commitment" Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of mer- chantability, fitness for use, or lioness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. These Guarantees shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Guarantees are not assignable by the Customer. You acknowledge and agree that, in con- nection with its performance of its obligations under these Guarantees, IKON may place automated meter reading units on imaging devices, including but not limited to the Products, at your location in order to facilitate the timely and efficient collection of accurate meter read data on a monthly, quarterly or annual basis. IKON agrees that such units will be used by IKON solely for such purpose. Once transmitted, all meter read data shall become the sole property of IKON and will be utilized for billing purposes. 00 50 IKON: Document Efficiency At Workw and IKON Office Solutionse are trademarks of IKON Office Solutions, Inc. S&l.G hinge Management Plm Schedule 4.04 Document Efficiency At Work- Product Schedule State and Local Government Master Agreement Number: This Image Management Plus Product Schedule ("Schedule") is made part of the State and Local Government Master Agreement ("Master Agreement") identified on this Schedule between IKON Office Solutions, Inc. ("we" or "us") and as Customer (`you'). All terms and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement. CUSTOMER INFORMATION Iwo ( `8' L Cofti 5i-f 31'4 Z As T ayn Bt`u zm5 s x 77Y0 City County State Zip P i ocen, (f 1 5 e /o Address 5g -t -k City County State Zip In Number/E-mail Address: I"Panmtr.TCt'1 Quantity Equipment Description: Make, Model St Serial Number Quanti D ' >n011 ZaS ty gmparent escnpnon: Make, Model x Nenal Number E PAYMENT SCHEDULE Minimum Tenn (mos.) y8 hl ~tk Cost per Image Cost of Additional es Guaranteed Minimum n"hlvlQuarterly(Q hP• Meter Reading/Billing For Additional Ima es at s $ $ Images e2/g AQCL_ g M hl Minimum ito t Payment 7itt Payment Due Advance Payment (wish tax) $ - ont y -Quarterly $__4(_!2,5_ 00 Monthly -Quarterly _ Apply to 1st Payment x- Other -Other -Other ~ - ltt'1N 11a ~VN/ Sales Tax Exempt: A Yes (Attach Exemption Certificate) Customer Billing Reference Number (P.OA, em.) Addendum(s) Attached: Q Yes (Check if yes and indicate total number of pages: 1 TERMS AND CONDITIONS I. The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form. 2. You, the undersigned Customer, have applied to us to use the above-described items ("Products') for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE If we accept this Schedule, you agree to use the above Product(s) on all the terms hereof, including the Terms and Conditions on the Master Agreement THIS WILL ACRNOWI.EDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT 3.I Ch g Mer s, In return for the Minimum Payment, you are entitled in use the number of Guaranteed Minimum Monthly/Quarterly/Other hnages. If you use more than the Guaranteed Minimum Monthly/Quarterly/Other Images in any monthly/quarterly/other period, as applicable, you will additionally pay a charge equal in the number of additional metered images times the Cost of Additional Images. If we determine that you have used more than 20% over the manufacturer's recommended specifications for supplies, you agree to pay reasonable charges for those excess supplies. The meter reading frequency is the period of time (monthly, quarterly, semi-annually or annually) for which the number of images used will be reconciled. The meter reading frequency and corresponding additional charges, if any, may be different than the Minimum Payment frequency. You will provide us or our designee with the actual meter reading upon request. If such meter reading is not received within 7 days, we may estimate the number of images used. Adjustments for estimated charges for addi- tional images will be made upon receipt of actual meter readings. Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: CUSTOMER i m5 Tide Date:. c A dtoriud Si 7~rC 6r 4-t It (Authorized Sig s printed name) IKON OFFICE SOLUTIONS, INC. X Tide: Date: Authorized Signer (Authorized Signer's printed name) Image Management Plus Commitments Document Efficiency At Work.'" The below performance commitments (collectively, the "Guarantees'D are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ('WON"), ooe of the largest distributors of office solutions in the world. The words "you" and "your" refer to you, our customer. You agree that IKON alone is the par ty to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Guarantees. The Guarantees are only applicable to the equipment ("Products") described in the Schedule to which these Guarantees are attached, excluding facsimile machines. The Guarantees are effective on the date the Products are accepted by you and apply during IKONS normal business hours, excluding weekends and IKON-recognized holidays. They remain in effect for the Minimum Term so long as no ongoing default exists on your part. TERM PRICE PROTECTION The Image Management Cost Per Image and the Cost of Additional Images, as described on the Schedule, are guaranteed against any price increase during the term of the Schedule, unless agreed to in writing and signed by both parties. SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement parts, drums, labor and all service calls, during normal business hours, excluding weekends and IKON-recognized holidays. Performance issues relating to software and/or connectivity are inde- pendent of these Guarantees and may be covered, if applicable, as out- lined in any software/connectivity professional services agreement you may separately enter into with IKON. IKON will also provide the sup- plies required to produce images on the Products covered under the Schedule (other than non-metered Products and soft-metered Products), excluding staples. The supplies will be provided according to manufacturer's specifications. Optional supply items such as paper and transparencies are not included. GUARANTEED RESPONSE TIME IKON guarantees a quarterly average response time of 2 to 6 hours for all service calls located within a 30 mile radius of any IKON office, and 4 to 8 hours for service calls located within a 31-60 mile radius for the term of the Schedule. (In the case of Canon iR 110 machines, the quar- terly average response time will be 2 hours for all service calls.) Response time is measured in aggregate for all Products covered by the Schedule. If this response time guarantee is not met, a credit equal to $100 toward your next purchase from IKON will be made available upon your request. Credit requests must be made in writing via regis- tered letter to the address specified in the "Correspondence" section. UPTIME PERFORMANCE GUARANTEE IKON will service the Products provided under the Schedule to be operational with a quarterly uptime average of 95% (based on manu- facturer's performance standards and an 8-hour day, during normal business hours, excluding weekends and IKON-recognized holidays), excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON. You agree to make the Products available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any critical and specific uptime needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At any time after the expiration of the initial ninety day period of the original term of the Image Management Plus Schedule to which these Guarantees relate, IKON will, upon your request, review your image volume. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new image volume. If you agree that additional equipment is required to satisfy your increased image volume requirements, IKON will include the equipment in the pricing options. The addition of equipment and/or increaws/decreases to the Guaranteed Minimum Images require a new Schedule that must be agreed to and signed by both parties. The new Schedule may not be less than the remaining term of the existing Schedule but may be extended for a term equal to that of the original Schedule. Adjustments to the equipment may result in a higher or lower cost per image and payment. Image decreases are limited to 25% of the original Guaranteed Minimum Images. UPGRADE GUARANTEE At any time after the expiration of one-half of the original term of the Schedule to which these Guarantees relate, you may reconfigure the Products by adding, exchanging, or upgrading to an item of Products with additional features or enhanced technology. A new Schedule of like original term must be agreed to and signed by you and in. The Image Management Cost Per Image, the Cost of Additional Images and the Minimum Payment of the new Schedule will be based on the Products, the added equipment and new image volume commitment. PERFORMANCE COMMITMENT IKON is committed to perforating these Guarantees and agrees to perform its services in a manner consistent with the applicable manu- facturer's specifications. If IKON fails to meet any Guarantee and in the unlikely event that IKON is not able to repair the Products in your office, IKON, at IKONS election, will either provide a temporary loan- er while the Products are being repaired at IKONS service center, or IKON will replace such Products with comparable Products of equal or greater capability at no additional charge. If you are dissatisfied with IKON's performance, please send a registered letter outlining your concerns to the address specified below in the "Correspondence" section. Please allow 30 days for resolution. CORRESPONDENCE Please send all correspondence relating to the Guarantees via registered letter to the IKON Quality Assurance Department located at: 1738 Bass Road, Macon, GA 31210 Arm: Quality Assurance. The Quality Assurance Department will coordinate resolution of any performance issues concerning the above Guarantees with your local IKON office. MISCELLANEOUS These Guarantees do not cover repairs resulting from misuse (includ- ing without limitation improper voltage or the use of supplies that do not conform to the manufacturer's specifications) or any other factor beyond the reasonable control of IKON. IKON and you each acknowl- edge that these Guarantees represent the entire understanding of the parties with respect to the subject matter hereof and that your sole rem- edy for any Guarantees not performed in accordance with the forego- ing is as set forth under the section hereof entitled "Performance Commitment" Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of mer- chantability, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. These Guarantees shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Guarantees are not assignable by the Customer. You acknowledge and agree that, in con- nection with its performance of its obligations under these Guarantees, IKON may place automated meter reading units on imaging devices, including but not limited to the Products, at your location in order to facilitate the timely and efficient collection of accurate meter read data on a monthly, quarterly or annual basis. IKON agrees that such units will be used by IKON solely for such purpose. Once transmitted, all meter read data shall become the sole property of IKON and will be utilized for billing purposes. Guaranteed Minimum Images commitment and/or the addition of59 IKON: Document Efficiency Al Work° and IKON Office Solutions- are trademarks of IKON Office Solutions, Inc. 5&LG Inge M gemenr Plus Schedule 4.04 Investigate Number: 06-02-R-08108 Map Number: 288-312 RIGHT OF V(4Y EASEMENT STATE OF TEXAS) COUNTY OF BRAZOS} KNOW ALL MEN BY THESE PRESENTS That Brazos County, hereinafter called the Grantors, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do grant unto the City of Bryan, a Texas home rule municipal corporation, doing business as "Bryan Texas Utilities" ("BTU") and to its successors and assigns, an easement and right-of-way upon, under, over, and across property owned by Grantor and located in the County of Brazos, State of Texas, which property (the "Property") is described as follows: (Describe only the pad of Grantor's Property covered by this easement) BEING all that certain 10.0 acres, A003900 A MILLICAN, TRACT 18.2 as described in vol 355 pg 391 of Brazos county deed records. (herein the "Property") BEGINNING at an existing pole as shown on the attached Exhibit "A". The width of this easement hereby granted is described as follows:C/L 20'. (herein the "Easement") The Easement Area granted by this instrument (the "Easement") is subject to the following conditions: 1. BTU has the right to install, operate, relocate, construct, reconstruct, add to, maintain, inspect, patrol, enlarge, repair, remove and replace Utility Facilities upon, over, under, and across the Property included in the Easement and to remove Utility Facilities from the Property, and the right of ingress and egress on Grantor's property adjacent to the Easement for the same purposes. For purposes of the Easement, the phrase "Utility Facilities" shall include a variable of number of cables, conductors or wires, insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props, guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and/or communication. 2. BTU has the right to trim and/or remove, from the Easement, without payment due to Grantor, all trees, branches, underbrush or any other obstruction which might endanger or interfere with the operation, safety, or efficiency of the Utility Facilities on the Property on which the Easement is located. 3. The Grantor covenants for itself, his or her personal representatives, executors, and/or successors and assigns, not to place or maintain any building, structure, or any other obstruction on or within the Easement, or to use the surface of the Easement Area for any purpose that would interfere with or prevent the use by BTU of the Easement for the purposes set forth herein. The Grantor shall have the right to use the surface of the Easement for streets, roads, driveways, alleys, walks, gardens, lawns, plantings or park areas and any other like uses. 4. BTU has the right to assign all or part of the rights granted to it, pursuant to this Agreement it receives under the Easement. The Easement will inure to the benefit of BTU and BTU's successors and assigns. 5. Grantor acknowledges and agrees that the location of the Easement is based only on preliminary surveys and that the rights granted by this Easement shall apply to the actual location of Utility Facilities, when constructed. 6. Grantor binds Grantor and Grantors heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and singular, the rights and premises granted to BTU by this instrument. 7. Grantor covenants, represents and warrants that Grantor has good and marketable title to the Property and the unqualified right to grant the privileges contained herein. Pagel of3 . 53 Investigate Number: 06-02-R-08108 Map Number: 288-3 i 2 IN WITNESS WHEREOF, the Grantors execute this instrument this I q+L day of AD 2006. i6l STATE OF Ty . COUNTY OF jR -;iL r Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that lip, xecuted he same for the purposes and conside tion th erein exp~esM under my hand and seal of office this ~L day of AD 2005. ~a, Bleu LOCKLEDCE Notary Public/ State of ~eXC< tlotAllr'11~IRWAOFf1 U 90~4Ut1011 [RMRli: JULY S. 4007 IN WITNESS WHEREOF, the Grantors execute this instrument this AD 2006. STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged tome that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of , AD 2006. Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this AD 2006. day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of , AD 20 . Notary Public/ State of IN WITNESS WHEREOF, the Grantors execute this instrument this AD 20 day of STATE OF COUNTY OF Before me, the undersigned authority, on this day personally appeared whose name is subscribed to the foregoing instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this _ day of , AD 20 . Page 2 of 3 8O 54 w z a a w Q ~ o o a. Q m z a w i c r= wa I O® o I W z a W W z V] W U QA i Cu) d t7 W W Q } i O W W 00 V) C\2 a rx 0 A O cv 1 A I W A Q E, a x' C7 x A M O > w W QQ A# o l Ll. z F o O C\? w d Z F V) Z X 0 W !t W I W X W W L>~ y 04 z I Ow Ct > F4 O OW V] Q z Q C\? P4 i i 0 F ~ Z % W O U Cx. :'i V) N 0) O W ro N N CF' <M a0 0 raw m CD IC\2 z- a z w O WN is W1 U vii w° O - V Z 3 : I O N M F Q O U °Z 04 Q Q J LLJ m > Q Ln LL) O :I U I Q .I m -b - 'b N r- N O F s DAMAGE WAIVER Bryan Texas Utilities ("BTU's has been required by the undersigned customer, or for other reasons, to dig a trench, to drill a hole for a pole or for any other designated purpose, or to perform work or service on or near the customer's property in order to establish or maintain proper electrical service, provide lighting, or perform some other work or service beneficial to the customer. The undersigned customer agrees (1) to locate and mark any underground facilities such as water pipes, gas pipes, conduit, cable, or any other facility near or in the path of a ditch, and (2) to indemnify and hold BTU harmless from, and to assume all responsibility for any liability or damages arising from or relating to such work or service, including all damages to the premises or to any real or personal property of the customer (including animals or livestock or any kind) that may be located on or near the premises. The customer hereby warrants that he/she is the owner of the premises on which the work or service is to be performed, or that he/she is otherwise authorized to enter into this agreement. Location: Signed: Date: Investigate # Vol, Pa~2