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HomeMy WebLinkAbout2007-05-29-9:00AM-REGULAR9 I t_ r 2� P 4: 43 BRAZOS COUNTY 5 BRYAN, TEXASk`Rr y NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 29 MAY 2007 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26 T" STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Wassermann. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 — 24: 3. Budget Amendment 06/07 -29.1 thru 06/07 -29.7. 4. Permission to move funds from Class Code 0434 to Class Code 0432, Group 1, Step 14, Position 1 in the District Attorney's Office in order to increase the hours for a part- time file scanner from 4 to 6 hours /day. This will reflect an increase in salary with no change in hourly rate. 5. Personnel Change of Status. 6. Payment of Claims. 7. Resolution 07 -010 honoring Ms. Kay Deno for her twenty -five (25) years of service to Brazos County. 8. Permission for the Brazos Center to purchase a push mower at $320.00 from account 67286000 to replace one that cannot be repaired. Office of the County Judge • 300 East 26'" St. • S e 114 • Bry©n�Texas 77803 • Fax: (979) 361 -4503 GtTI . CJ� Commissioners Court Agenda 29 May 2007 Page 2 9. Permission for the Justice of the Peace, Precinct 2.2, to purchase a wireless air card at $59.99 using funds from the Justice of the Peace Technology Fund. 10. Request for a cell phone allowance for the County's Budget Officer for the remainder of FY07. 11. Presentation and approval of the Commissioners Court minutes for the following 2007 dates: a. 3 April b. 10 April C. 24 April Regular Meeting Regular Meeting Regular Meeting 12. Copier Lease Agreement and Maintenance Agreement with Brazos Valley Office Solutions for the Exposition Complex. 13. Renewal of Bid 2006 -030R for office supplies with Wilton's Office Works at the same prices; the new bid number is 2007 -040R. 14. Requisition 00014075 in the amount of $3,157.11 to Lyon Workspace Products for the capital purchase of shelving, lockers and cabinets for supply rooms and janitorial closets, and adjustable tables for the announcer booths at the Exposition Complex. 15. Requisition 00014076 in the amount of $1,563.00 to Crowd Controller for the purchase of safety stanchions for the Exposition Complex. 16. Requisition 00014077 in the amount of $13,800.00 to Alvarado for the purchase of turnstiles for the Exposition Complex. 17. Final Plat of Aggieland Business Park Phase 4, 20.121 acres, block 4, lots 7 & 8, J. H. Jones survey, A -26, City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 4. 18. Permission to enter private property belonging to W. W. Humpfries Family Ltd. Partnership located off Old Reliance Road for the purpose of reshaping a small area of the new right of way prior to building the fence, and also to excavate dirt from the pond to be used in the construction of the road which will include repairing the dam and extending the drainage channel from the road to the pond for drainage purposes for the health, safety and welfare of the general public. Site is located in Precinct 2. 19. Final Plat of Edge Store Addition, 1.889 acres, Thomas W. Blakey survey, A -6, Brazos County, Texas. Site is located in Precinct 2. 20. Amending Plat of lot 6, block 2 and lot 6, block 3, Enchanted Oaks subdivision (official records of Brazos County, volume 290, page 23), Maria Kegans League, A -28, Brazos County, Texas. Site is located in Precinct 3. ql� aio Commissioners Court Agenda 29 May 2007 Page 3 21. Final Plat of Calvin Addition, 2.06 acres, Moses Baine Ledague, A -3, City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. 22. Tax Refund Applications for the following: a. Allen, Jennifer L. & Lary G. Byrd b. Apispedigree c. Brown, Kevin D. & Edith J. d. Romero, Clyde J. & Gail R. e. Flax, Randy & Sara f Green, Thomas Ryan & Bonnie g. Littleton, Alma Harris h. Thurmond, Robin i. Watkins, David & Rita J. j. Williams, Sylvia 23. Payment authorization in the amount of $750.00 to Diane L. Bailey, Ph.D. who was an expert witness in a child protective services case for the District Attorney's Office. A purchase order was not in place prior to service. 24. Payment authorization in the amount of $965.00 to Brazos County Mortuary, Inc. for transportation services to the Forensic Center in Travis County for the District Attorney's Office. A purchase order was not in place prior to this transport. 25. Announcement of interest items and possible future agenda topics. 26. Call for citizen input and/or concerns. 27. Agency / Board / Committee reports by Court members. 28. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To m i arrangements, call (979) 361 -4102. 4 O't q 1 -. COMMISSIONERS' COURT REGULAR MEETING MAY 29, 2007 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, May 29, 2007 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Wassermann gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The Court next considered Budget Amendment #06/07 -29.1 through 29.7 that would reallocate funds for Emergency Management, JP Technology fund, Constable, Precinct 2, Juvenile TYC Parole, Capital Projects- Commissioners Court, Health and Life Insurance; and set up a budget for the TxDOT Support Agreement. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve Vol of � Page a t a Commissioners Court meeting May 29, 2007 2 the budget amendment as submitted, a copy of which is attached hereto. The next matter before the Court was a request from the District Attorney's office for permission to move funds from Class Code 0434 to Class Code 0432, Group 1, Step 14, Position 1 in order to increase hours for a part time file scanner from 4 to 6 hours a day. This will reflect an increase in salary and no change to the hourly rate. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the request. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7031531 through 7031810 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. Vol q 4 Page 0-13 Commissioners Court meeting May 29, 2007 3 On motion by the County Judge, seconded by Commissioners Wassermann, Peters, Mallard, and Cauley the Court voted unanimously to adopt Resolution #07 -010 congratulating Ms. Kay Deno for her commitment to excellence and her many years of faithful and dedicated service to the citizens of Brazos County, Texas. Ms. Deno was not in court to accept the Resolution so it will be presented to her at her retirement reception. The Court next considered a request from the Brazos Center to reallocate funds in the amount of $320.00 for the purchase of a push mower to replace one that can no longer be repaired. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The next matter before the Court was a request from Justice of the Peace, Precinct 2, Place 2 for permission to purchase a wireless air card using Justice of the Peace Technology funds. The cost of the card would be $59.99 per month. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to deny the request. The Court next considered a request for a cell phone allowance for the County's Budget Officer for the remainder of Vol a � Page a- I � Commissioners Court meeting May 29, 2007 4 fiscal year 2007. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered approval of the minutes of the Commissioners' Court meetings held in April 2007 on the following dates: Regular Meetings - 3rd, 10th, 24th On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the minutes as submitted. The next matter before the Court was consideration of a Copier Lease Agreement and Maintenance Agreement with Brazos Valley Office Solutions for the Exposition Complex. Cost to Brazos County is $185.69 per month with a 60 month lease term that can be renewed on an annual basis contingent upon funds appropriation. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the agreement and authorize the County Judge to execute the document. A copy is attached. The Court next considered the renewal of Bid 2006 -030R for office supplies with Wilton's Office Works. Prices will remain the same. On motion by Commissioner Wassermann, Vol Q q Page 0-(5 Commissioners Court meeting May 29, 2007 5 seconded by Commissioner Cauley, the Court voted unanimously to approve the renewal. The next matter before the Court was requisition 00014075 in the amount of $3,157.11 to Lyon Workspace Products for the capital purchase of shelving, lockers and cabinets for supply rooms and janitorial closets and adjustable tables for the announcers' booths at the Exposition Center. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The Court next considered requisition 00014076 to Crowd Controller, Inc. in the amount of $1,563.00 for the purchase of safety stanchions for the Exposition Complex. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The next matter before the Court was consideration of requisition 00014077 to Alvarado, Manufacturing, Inc. in the amount of $13,800.00 for the purchase of Turnstiles for the Exposition Center. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered approval of the Final Plat of Aggieland Business Park Phase 4, 20.121 Acres, Block 4, Lots 7 and 8 in Precinct 4. Richard Vance, County Engineer, stated Vol 94 Page 9 1 1�e Commissioners Court meeting May 29, 2007 6 that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the final plat of Aggieland Business Park Phase 4, 20.121 Acres, Block 4, Lots 7 and 8 as submitted. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of W. W. Humphries Family Ltd. Partnership on Old Reliance Road in Precinct 2 to reshape a small area of the new right of way prior to building the fence. Also to excavate dirt from the pond to be used in the construction of the road that will include repairing the dam and extending the drainage channel from the road to the pond. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. The Court next considered approval of the Final Plat of Edge Store Addition, 1.889 Acres in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and offered the following comment: 1) Okay to approve with exception to correct the information in the "Certificate of Ownership and Dedication'' block on the mylar prior to County Judge's signature. Vol q 4 Page aid Commissioners Court meeting May 29, 2007 7 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the final plat of Edge Store Addition, 1.889 Acres subject to the developer complying with the exception noted by the County Engineer. The Court next considered approval of the Amending Plat of Lot 6, Block 2, and Lot 6, Block 3, Enchanted Oaks Subdivision in Precinct 3. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the Amending plat of Lot 6, Block 2, and Lot 6, Block 3, Enchanted Oaks Subdivision as submitted. The Court next considered approval of the Final Plat of Calvin Addition, 2.06 Acres in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court votec unanimously to approve the final plat of the Calvin Addition, 2.06 Acres as submitted. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a) Jennifer L. Allen & Larry G. Byrd, over payment $3,841.69 b) Apispedigree, over payment $232.45 Vol 0 Page P-18 Commissioners Court meeting May 29, 2007 c) Kevin D. and Edith J. Brown, over payment $836.54 d) Clyde J. & Gail R. Romero, over payment $419.81 e) Randy & Sara Flax, over payment $841.10 f) Thomas Ryan & Bonnie Green, over payment $2,327.22 g) Alma Harris Littleton, over payment $107.48 h) Robin Thurmond, over payment $325.82 i) David & Rita J. Watkins, over payment $180.43 j) Sylvia Williams, over payment $41.40 8 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The next matter before the Court was consideration of a payment authorization in the amount of $750.00 to Diane L. Bailey, Ph.D who was an expert witness in a child protective services case for the District Attorney' office. A purchase order was not in place prior to service. Commissioner Mallard commented that these appear on the agenda every week and he wanted to hear from Mr. Turner. Commissioner Wassermann suggested speaking to the District Attorney about this after Court rather than tabling it. Commissioner Mallard moved to table, Commissioner Peters seconded the motion. Commissioners Peters and Mallard voted "Aye ". Commissioners Wassermann, Cauley and the County Judge voted "No ". The motion failed. The County Judge moved to approve the payment authorization. Commissioner Cauley seconded the motion. Commissioners Wassermann, Peters, Cauley and the County Judge voted "Aye ". Commissioner Mallard voted "No ". The motion to approve passed. Vol q 4 Page a 1 9 Commissioners Court meeting May 29, 2007 9 The Court next considered a payment authorization in the amount of $965.00 to Brazos County Mortuary, Inc. for transportation services to the Forensic Center in Travis County and back to Brazos County for the District Attorney' office. A purchase order was not in place prior to service. The County Judge moved to approve the request. Commissioner Cauley seconded the motion. Commissioners Wassermann, Peters, Cauley and the County Judge voted "Aye ". Commissioner Mallard voted "No ". The motion carried. Under announcement of interest items and possible future agenda topics the following spoke: Eric Caldwell, Director of the Information Technology Department a) He has 80 -100 cardboard boxes left from moving and thought they might be handy for those offices moving to the church building. He would like to store them at the church if possible. The County Judge asked the Maintenance Director to help with this. There are also 200 more computers on order and he will keep those boxes there as well. County Judge a) Said that he would not be able to attend the Newman 10 Awards ceremony. Under citizen input and /or concerns, the following spoke Sheriff a) There were 572 inmates in jail last night. The inspection is tomorrow at 8:30 a.m. a a Vol 94 Page o Commissioners Court meeting May 29, 2007 10 Bill Ballard, Court Counsel a) Commended the Sheriff on being selected as Lion's Club Citizen of the Year and Member of the Year. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) He spoke on the Master Gardeners project at the Justice of the Peace, Precinct 3 building. b) He attended a meeting last week on the high speed rail in which they asked for proposals on funding. It was very good. They should receive proposals on June 2 on how to move forward. Commissioner Peters a) He will be attending a meeting tomorrow at the Appraisal District on the relocation of the Tax office and Appraisal District. There being no further business to come before the Court, the meeting was adjourned. Vol q-1 Page as I The foregoing minutes of the Commissioners Court meeting held May 29, 2007 have been examined and are approved in open Court this the day of 2007, in Bryan, Brazos County, Texas_. Randy S s Count Judge C Duane Peters Commissioner, Precinct 2 Ca ey Cau ey, Jr. Commissi er, Preci c 4 Attest: Karen McQueen County Clerk G bw,r* Lloyd Wassermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinct 3 Vol Q q Page a as Pg / of_z BRAZOS COUNTY COMMISSIONER'S COURT ,,)$-'-' DAY OF 920o-/ Name (PLEASE PRINT) �Rr7tL" c �`t,��4% N �- ✓C g �M i- Organization (PLEASE PRINT) s —7dloc QV cz it O PgZ -of)- BRAZOSCOUNTY COMMISSIONER'S COURT DAY OF , 20 07 9:vC-D Name (PLEASE PRINT) r - - u Organization (PLFASF. PRINT) /ad6& crud 4 z#,-_3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-29.1 thru 06/07 -29.7 On this the 29"' day of May 2007 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 29 May 2007 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 12 September 2006, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 29s' day of May 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes 94 ac�-s BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 29.1 5/29/2007 FD I DIV I ACCT I PROJ IDR/CRI ACCOUNT NAME I Increase Decrease 101001355001001 65320000 1 1 CR I Equipment Maintenance 1 2,900.00 101001355001001 71020000 1 1 DR IComDuter Contracts 1 2.900.00 I ITo reallocate budeet to cover the cost for WebEOC Software Sunnort Renewal. 1 1 14,r = a(0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 29.2 5/29/2007 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 29.3 5/29/2007 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 29.4 5/29/2007 Om� am l 1 1 11 1 1111 11111 -m F? MI. EM-M 11 11 ME ME BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 29.5 5/29/2007 FD DIV ACCT PROJ DR/C ACCOUNT NAME Increase Decrease 0100 48048300 CR TDT Support Agreement 70,439.00 0100 30100700 51440000 DR Sal - Law Enforcement 36,140.00 0100 30100700 51615000 DR Hourly - Law Enforcement 12,047.00 0100 30100700 53100000 DR Social Security 3,689.00 0100 301007001 53200000 DR lRetirement 5,687.00 0100 30100700 53800000 DR Workers' Com . 1,195.00 0100 30100700 61801000 DR Travel 11,681.00 TxDOT Support Agreement: To set up both of the revenue and expenditure budget for the interlocal agree that has been approved by the Commissioners' Court (agenda #13, 12/19/2006 . The County will be reimbursed from TxDOT for providing uniformed, armed peace officers and equip for law enforcement general surveillance and traffic control. 4 _ a3® BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 29.6 • 11 � 111 11 .1 11111 �' �� - , , ., MEOW-. 11 -- ROOM 'r � J w? BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 29.7 „ a32 {rM. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: May 29, 2007 Department Providing Information: Human Resources Purpose: Consider and Take Action on Change Requests Department Submitting Request(s) Employee Name Action Requested Brazos Center Dummire, Patricia Position No. Change District Clerk Lara, Kristin Wilganowski, Amanda Resignation Reclassification District Clerk Leone, Brooke New Hire Election Diaz, Theresa Resignation Juvenile Services Price, Delbert New Hire TJPC Few, Belinda Resignation Approved in Commissioners' Court: May 29, County Judge's or Commissioner's Signature: (This copy to be attached to minutes) � 9'�. `'r j *c 3 3 l PRIVATE PROPERTY ACCESS PERMISSION FORM Randy Sims Brains County Road & Bridge Dept Brazos County Judge 2517 Hwy 21 West Bryan, Texas 77803 Lloyd Wassermann Office# 97"22 -2127 Commissioner Pot 1 Fax# 979- 775-0453 E. Duane Peters Commissioner Pct 2 Kenny Mallard Commissioner Pct 3 Carey Cauley Commissioner Pct 4 DATE: May 15, 2007 I. LAND OWNER AND ADDRESS: W.W. Humphries Family Ltd Partnership 6866 Morgan Road Bryan, Texas 77808 II. LOCATION OF WORK: Old Reliance Road III. DESCRIPTION OF WORK TO BE DONE: Permission to enter your Property to cut down the hill prior to building the fence Also to excavate dirt from the pond to be used in the construction of the road. This will include reoairina the dam and extending the drainage channel from the road to theoond for drainage Purposes. IV. MAINTENANCE YES NO X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: Richard F. Vance, P.E. Engineer- Aide/Forwn Right of Way Agent County Engineer Owner's Signature: Date: S! 1 2 0 0 ry ,> BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridee NUMBER 56001000 DATE OF COURT MEETING: May 29, 2007 ITEM: Request for permission to enter private property belonging to W W Humpfries Family Ltd Partnership located off Old Reliance Road for the purpose of reshaping a small area (cut down hill) of the new right of way prior to building the fence: also, to excavate dirt from the pond to be used in the construction of the road which will include repairing the dam and extending the drainage channel from the road to the pond for drainage pumoses for the health, safety and welfare of the eg neral public. Site is located in Precinct 2. PRESENTATION: This work is in conjunction with Brazos County eliminating two (2) wooden bridges and Texas Department of Transportation building one (1) concrete bridge at no cost to Brazos County. SUBMITTED BY: ic and F. Vance, P. E. County Engineer CC07 -053 This R Date: APPROVED BY: Commissioner E. Duane Peters Precinct 2 by Commissioners' Court 8 Brazos Valley Office Solutions Po SIMSSSYK[ Maintenance Agreement (Page Two) This Maintenance Agreement applies only to the equipment and customer on the front side of this document. The term "Maintenance Agreement" as used herein includes any further amendments, modifications or supplements made hereto. Customer acknowledges that he or she has read this Maintenance Agreement and understands it and agrees to be bound by its terms and conditions. This Maintenance Agreement covers service calls, Monday through Friday, 8:00 a.m. to 5:00 p.m. excluding holidays. Your copier /fax/printer is designed to give excellent performance with manufacturer supplies including developer and toner. If the customer uses supplies other than supplies recommended by Brazos Valley Office Solutions, then BVOS may at its option terminate this Maintenance Agreement and the unused portion of the maintenance charge may be forfeited. (This action also may void the warranty). In that event, the customer may be offered service on a time and material basis at current rates. This Maintenance Agreement does not cover: Consumable items such as paper, toner, developer, or drum, unless otherwise stated on front side. Loading or reloading of software or upgrades to software after initial installation unless software rider is checked on front of this agreement. Misuse, abuse or neglect of the copier in regard to the damage of parts, drums, their subsequent replacement and labor cost is the responsibility of the customer. Misuse is defined as, but not limited to; Damage cause by paper clips, staples, liquid spillage or paper and materials not recommended by BVOS. Damage or loss resulting from perils such as fire, theft, water damage or any other cause internal or external to the machine. The use of unauthorized parts, components, modifications or personnel to affect repairs or changes which result in a service call or excessive service calls may be billed to the Customer and/or void this Maintenance Agreement with the unused portion of the maintenance charge forfeited. If toner is included in maintenance agreement, and usage exceeds an average of 10% on black & white fill and/or 30% on color fill, BVOS has the right to renegotiate contract. It is the customer's responsibility to provide subsequent copier training to their personnel. Service calls due to operator error may result in additional charges. In such a case BVOS will provide ample forewarning to Customer before additional charges are accrued. Should customer move equipment from one zone to an outlying zone, there may be an additional charge. Should customer move equipment out of established service zones, this Maintenance Agreement may become void. Customer agrees to provide suitable electrical service for the specified equipment. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall a waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. BVOS* o ,e...M, Bill To: Brazos County — Exposition Center P.O. Box 914 Bryan, TX Zip 7703 Attention: Megan Conkel Maintenance Agreement Effective Date: Upon Installation Beginning Meter Reading Phone Number Fax Number E -mail: Ichapman@co.brazos.tx.us Equipment Location/Directions: 5827 Leonard Rd. (Physical Address) Bryan, TX Zip 77803 Phone Number Model Serial # Total Copies Price CopystarCS -3050 18,000 /month $153 /month Monochrome Copier/Network Printer /Color Scanner with 4 500 -sheet paper drawers, 1000 -sheet finisher with stapler, surge protector, copier stand, delivery & set -up Monthly Total Maintenance: $ 153 Overage Charges: $ 0.0085 This agreement includes: Travel, delivery, labor, parts, developer, toner & drum (excludes a er r Software Rider: The Software Rider will provide free installation of print/scan drivers on any new computer added after the initial installation of equipment. It will also include re- installation of drivers due to new computer upgrades and software changes. For this service we will adjust your maintenance b per month. If you elect not to choose the software rider and require softwary4-insta ons in jlt*��u will be billed at $100 per hour. 4/07 Customers M111orized Signature Date BVOS Authorized Signature Date Note: All prices subject to applicable tax -I tt, � � / At ' a 3 Owner: Brazos Valley Office Solutions 3807 Old Collge Ave Bryan, TX 77801 NON - APPROPRIATION OF FUNDS ADDENDUM This Addendum will become part of that certain Agreement # 414219 dated as of 1 20_ ( "Agreement') between Owner and Brazos County Of dba County of Brazos Exposition ( "Customer "). All capitalized terms used in this Addendum which are not defined herein shall have the meanings given to such terms in the Agreement. You hereby represent and warrant to Us that as of the date of the Agreement, and throughout the Agreement Term: (a) the individual who executed the Agreement had at the time of execution of the Agreement full power and authority to execute the Agreement; and that all required procedures necessary to make the Agreement a legal and binding obligation of the Customer have been followed; (b) the Equipment is essential to the immediate performance of a governmental or proprietary function by You within the scope of Your authority and shall be used during the Agreement Term only by You and only to perform such function; (c) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted and unencumbered appropriation. In the event You are not granted funds in future fiscal years for the Equipment subject to the Agreement and operating funds are not otherwise available to You to pay the rent and other payments due under the Agreement, and there is no other legal procedure or available funds by or with which payments can be made to Us, and the appropriation did not result from an act or omission by You, You shall have the right to return the Equipment in accordance with the terms of the Agreement and terminate the Agreement on the last day of the fiscal period for which appropriations were received. At least thirty (30) days prior to the end of Your fiscal year, Your legal counsel shall certify in writing that (a) funds have not been appropriated for the next fiscal year; (b) such non - appropriation did not result from any act or failure to act by You; and (c) You have exhausted all funds legally available for payment of Rent. OWNER: CUSTOMER: Brazos Valley Office Solutions a Printed Name: Date: Date: LZAq/07 Non AVW,afim "AHSW. 33 Y` LESSOR:' B V O S Brazos Valley office Solutions Lease Agreement 10010142.10 Brazos County Exposition Complex P.O. Box 914 No. 77805 Brazos I Brazos Vallav Office Solutions 1 5827 Leonard Rd.. Bryan. TX 77803 1 Quantity Type, Make, Model Number and hooded aamaaln 1 I Copystar CS -3050 monochrome copier /network printer /color scanner wAth 100 -sheet dual scan automatic document Drocessor. 4 500 -sheet paper drawers, 1000 -sheet finisher with 60 MONTHLY RENTAL PAYMENTS OF; 185-09 plus tax SECURITY DEPOSIT ; 0 PURCHASE oPnoN: (CHECK ONE) 13 FAIR MARKET VALUE ❑ s1.Do or ❑ oTHHt L % of equipment coa) to buy the Equipment and wrement (this Lean) wit begin on the data the Equipment is delivered In You (a any Ntr data We designate). We may darge You a reasonable fe to cover doaaaMabon and Investigation costs. This Lease N NON -CAK, I AN POA THE ENTIRE LEASE YEW YOU UNDERSTAND THAT WE ARE 'BUYING THE EQUIPMENT EASED ON YOUR UNCONDITIONAL ACCEPTANCE OF THE :EQUIPMENT AND YOUR PROMISE TO PAY US UNDER THE TERMS OF THIS rem WITHOUT SEr-MM EVEN IF THE EQUIPMENT DOES NOT WORK PROPERLY OR IS DAMAGED FOR ANY REASON, INCLUDING REASONS THAT ARE NOT YOM FAULT. U any amount payable t Us Is not paid when due, You . wig pay Us a -13W one*' abate too 3) the greata of ten (10) cent ferr Bath dollar overdo a .b nty-sb (62G00) dollars, a 2) the highest MAW we are- -kadng the EquipmaR to You We do not mzaiamare: the Equipment and am not to the VeniM. You selech0 EN Equipment and the based on your avm Judgnent You may contact the for a sdtement or the warramtles, If my, tlat the or maruNcb Is providing. We busby assign t : ramanGa mr gNen to Us, Y any. WE MAKE NO FOR A PARTICULAR - PURPOSE, IN CDM gCFWN WITH THIS LEASE. You age to settle any dispute You may have regarding performance or the Equipment *a* With the manuROCer. or Vendor. EDUIPMENT USE AND REPAIR: You agree the Equipment wig be used fa bsNar purpose any. You are responsible for beeping the Equipment In good waling Oda. Bmept for normal wear and bar, You are rMPW$1b1A for any damage a losses An the EgulprmeM We am not respaaWie rem, and You will Ndernnrf Us agYat, air dao% loss a damages, mdurRq al rmay's fee, reNtd N yo Anse a posabn of the Equipment IN NO EVENT SHALL WE RE RESPONSIBLE FOR ANY return the Equipment on tl location spdW by army pay me pumnese opwn; a s) aewe m is wnmen notice at last SKY (60) days IoM to the expiration or Una tam or mnrAW tam, then this lease vN automatically renew on the same tams on a monthly baW .'Average SAW" CandAMr' mars the Equipment In anmedatly available for use by aatda lease wEroW the mad of any napab. You alm ages to relmbura Us for repair Est. If You alt granted a Widener option, ltd pmNdd You have not defauftd under tits less% You may purchase the Wpment from Us "WHERE IS, AS IS' for the DPOW price at the end ofthe Ian tam. Atthe temn Mon ofcab Leask S You have not defaulted, your saumy depost we be rafudd to You without Interest. Your security depaE may be commingled with our other asses. You may not payoff this Lease In fur and return the Ega$mat prlor t the end of the Now tern without our omen and We may darge Yob N addition to On other amounts owed under t* seas% An ady ternasaean fa Mal an Me PW=t f5%) of the tohl amount We std for the E0JIMM t. 2 =v ft* for ant' a: the witnare, we are EM hive We to L You appoint Nta end SN m you behNt, we awed by eal Yes or Apieemmd fa the Soft purchase option, Y Any, A 0* We do not own the You. 5xWas podded LON AND INWR M You wit loop the EgWpnat Ady' Ina sd against NM end will obNlo a general pubk gebDty, Insurance policy covering the Equipment ad As um. You will name Use a Ion payee and an defame Insured and Provide Us with evidence of insurance. If You Ace nRL We may obtain Insurance for You and add an hula nonfenttaparretanouadue Ran You. TAXES, You agree Eat You we pay who due AN tens radatag to this teas and the Equipment II this lease Includes a 61 purchase option, You agree to file any required personal property tax (duns DEPAIILTI If You do not pry ant sum by As due dot or Lease. U You default, We may require that YOU Pay 1) All pmt due amounts under tide Las% and 2) AN Pure amount owed fa the um*md tam, dbww tad at the rate of 6% per annum. Upon a default, We may also choose to repossess the Equipment Ir We do not chose to repossess tie Equipment, You will also pry to W our tooled ra"ad vela for the Equipment. We on also use try and or remedies avallahN m Us under the U(X or any emr law. You agree In pay all the cost ad txpesa, I chdag ammury's he& We Incur N any daft related to this lease or the Equip eoL You also agree to Pry ktaest on all past due amount, from the due data until paid, at the boner ofonea l oneiRE percent (1.5%) per moths NCEIM You have no 00A to sell, traallr, v sublease the Equipment ands Lass We may sign a transfer this Lan a our right N the are You agme that ewe sell, assign a bmiefr this he new owner vdh base our fight, but R will not be to any dphn, defense or wt-off that You asset Use or any Gum Pa11Y. ,.BIPI= You agree bat .as that berm N defined In reby pyre to walve any and d to Yea by Sections 2A -MS Ktuding the right to reed or HISM s ANEW_ Ter You agree mat teas Lase Is the entire agipa ant between You and Us regadng the INN of the Equipment and supersedes any Purchase order You Win Any change .must be N wNIng and signed by each party. We may pan# a facsimile copy of this lease as an dynal. V TNIS LELYE IS ASSIGNED, You AGREE THAT ANY DISPUTE ARISING UNDER OR RELATED FEDERAL OR STATE COURT WHEN THE ARMOM CORPORATE HEADQUARTERS IS LOCATED AND W= SE GOVERNED BY THE LAW OF THAT SLATE. YOU HEREBY CONSENT To PERSONAL JURISDICTION AND VENUE IN THAT COURT AND WAIVE ANY R1GMr TO TRANSFER VENUE. EACH PARTY WAraS ANY RIGHT TO ATRULL BY JURY. ��1f LESSEE: (As Stated Above) 5 d% () X Date: (Signature) The undersigned unondltMally guarantees Eat the L.esee will timely perform as odlgafts under this Lease. The undersigned also vwvos any notification I the lessee N In default And corsets to any extenslors or modirabors granted to the halts. N the evert of default, the udesig Ad will Immediately pay all wits due under the tams of this Lama wlEout requiring Lessor t proceed against lessee, any other party or the Equipment. The undersigned consents to personal jurisdiction, venue, dcke of law and Jury trial wahw as stated in the "Miscellaneous' paragraph above and agrees t pay all costs and exposes, Including attorney's fees, Incurred by lessor related to Eds guaranty. PLILWO(0802) IndMdually IndMdualiy