ORDER NO. 21074 APPROVAL OF RECEIVING TRAILER FROM KOCH MATERIALS COMPANY FOR THE ROAD AND BRIDGE DEPARTMENT On this the 31st day of August 1992, upon motion made by Commissioner Holekamp, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0, to accept the trailer from Koch Materials Company and authorize the County Judge to sign said contract as per the Road and Bridge Departments recommendation and approval of the County Attorney's Office. LEASE OF OVER-THE-ROAD TRAILER(S) (whether one or more, all herein called "Trailer") [1] Trailer is owned by Koch and is described on, and shall be used only as permitted by, Attachment 1. [2] Lessee may use Trailer only in the following USA state(s): Texas Lessee shall not use Trailer elsewhere without prior written consent of Koch. [3] Lessee shall maintain records showing location of the Trailer at all times and a history of Lessee's maintenance and safety work on, and inspections of, Trailer. Said records shall be available for inspection at Lessee's headquarters b1.• Koch at all business hours. [4] Koch shall at all times have the right, but not the duty, to inspect the Trailer. [5] Lessee shall not acquire any right, title or interest in the Trailer other than the limited, express leasehold right hereunder. [6] Trailer is received in good, operable and safe condition except as follows: _ [NOTE - Lessee must list here defects, if any, claimed by Lessee. Failure to list is conclusive agreement that Trailer is in good, operable and safe condition upon receipt by Lessee. (7] Lease starts on date stated at the conclusion of this Lease and continues through earliest date that--[a] Lessee voluntarily returns the Trailer to Koch; (b] the Lease is terminated by Koch giving Lessee at least thirty (30) days prior written notice that Lessee is to return the Trailer to Koch; [c) 199 or [d] cancellation by Koch under the terms hereof--whereupon, this Lease, and Lessee's right to possession and use of the Trailer, shall end. This Lease shall not extend or renew except upon further written agreement of Koch and Lessee executed by respective, duly authorized officers. (8] Lessee accepts Trailer in its "as is" condition and subject to all faults except as may be listed in Section [6] above. WITHOUT LIMITATION OF THE FOREGOING IN THIS SECTION, THERE IS HEREBY EXCLUDED ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. [9] In no event shall Koch be responsible for any special, consequential, direct, indirect or incidental damages, for lost profits, lost business opportunities or reputation, or economic loss under or ici connection with this Lease or the Trailer. (10] Lessee warrants to Koch that Lessee has not been, and is not, in the business of leasing as lessor, or selling or servicing, trailers or other equipment. [11) Lessee shall bear all expense of maintaining the Trailer in good and safe condition and promises to make proper periodic inspections, repairs and maintenance to keep the Trailer in such condition. [12] Lessee shall not permit any injury or damage to, defacing of, loss of, or advertisement on, the Trailer. [13] If the Trailer is not, in Koch's sole opinion, maintained in good and safe condition or repair, without prejudice to any other rights or remedies of Koch's, Koch may give written notice to Lessee to put the Trailer in good and safe condition and repair and to replace all broken parts, except for anything noted under Section (6]. Lessee shall do such prior to the earlier of--(a) any further use of the Trailer; or (b) ten (10) days after notice from Koch. If Lessee fails to comply with such requirements by the earlier of such times, Koch may do the work or cause it to be done; and the cost thereof shall be added to rent hereunder and shall become payable by Lessee to Koch upon demand. [14] Lessee shall bear the risk of damage to, or loss of, the Trailer during the term of this Lease. If Trailer is stolen or disappears, is damaged or is in a condition that it cannot be returned to Koch in a safe and good condition and Koch is not paid in full for such under insurance required under section [17] of this Lease, Lessee shall immediately pay Koch the value of said Trailer (calculated as of delivery of such to Lessee) as additional rent hereunder. [15J Lessee shall pay rent of ~ cents ($0.~) per mile traveled by the Trailer during the term of this Lease as indicated by the hubmeter of the Trailer. Such rent shall become due and payable within ten (10) days after the end of each calendar month for mileage elapsed during the previous calendar month. As additional rent, Lessee shall pay or reimburse Koch for all taxes and assessments against the Trailer, prorated to the term hereof, or upon its use or lease hereunder; but Lessee is not obligated to reimburse Koch for any income tax imposed upon Koch. (16] Lessee shall comply at its sole expense with all laws, regulations and orders applicable hereto. At expiration, termination or cancellation of this Lease, Lessee shall return the Trailer to Koch in a condition equal to, or better than, its condition as received by Lessee less ordinary wear and tear. [17) Koch shall be entitled to cancel the term hereof, and to gain immediate repossession of Trailer, without notice if--Lessee defaults on or breaches any obligation or duty to Koch;--if any claim is made against Koch by or on behalf of third person or entity relating to this Lease or Lessee's use or possession of the Trailer; or--if Koch reasonably feels insecure as to the manner of maintenance, misuse, use, transportation, possession condition or treatment of the Trailer by or for Lessee or as to Lessee's credit- worthiness. [18] Lessee shall at its sole expense at all times maintain the insurance protections for Koch, and the endorsements and certificates, required by Attachment 2. [19] Lessee shall indemnify and defend Koch and its present and future affiliated, parent and subsidiary companies and their respective directors, officers, employees, agents and contractors or subcontractors from and against all losses, claims, actions, suits, judgments, remedies (including but not limited to damages of all kinds), and costs and expenses (including but not being limited to attorneys fees and costs and costs of litigation) directly or indirectly arising out of, or related to, this Lease; any maintenance, transportation, use, misuse, possession, or condition of the Trailer by or for Lessee; any act, operation, conduct, or omission of Lessee or its employees, directors, officers, agents or contractors or subcontractors under this Lease or -2- ATTACHMENT 1 DESCRIPTIONS/USES (Trailer Lease) 1. Description or list of trailer(s) covered by the Lease to which this is attached: 1985 Fruehauf VIN# IH4T04323FL009802 License #602-90Z 2. Limited Use(s) allowed for trailer(s): Storage in yard/on jobsite (D44/Trai11) ATTACHMENT 2 INSURANCE REQUIREMENTS (Trailer Lease) 1. Lessee shall not accept possession, control or custody of the Trailer unless and until: a. Lessee has obtained all the insurance hereinafter required; and b. Lessee has furnished certificates of insurance to Koch. 2. Lessee shall, at its own expense, provide and maintain the following insurance: a. WORKMEN'S COMPENSATION (including Occupational Disease) insurance in accordance with the laws of the State in which the work is being performed. Such insurances will include coverage for EMPLOYERS' LIABILITY with a minimum limit of 5100,000 for any one occurrence. b. COMMERCIAL GENERAL LIABILITY insurance - with a minimum combined Bodily Tnjury anu Property Damage limit of $1,000,000 per occurrence, and $5,000,000 in the aggregate separately for the general policy aggregate and the Products/Completed operations hazard. This insurance will include but not be limited to the following features: (1) Contractual Liability - insuring the indemnity agreement contained in Section [19j of the Lease to which this Attachment 2 is attached; and (2) Products Liability covering any product sold and completed operations (during and for a period of one year after acceptance of the work done with the "Trailer") covering any work performed using Trailer leased under the Trailer Lease to which this Attachment 2 is attached. c. AUTOMOBILE LIABILITY insurance covering all owned, non-owned and hired vehicles with a minimum combined Bodily Injury and Property damage limit to $5,000,000 per occurrence and in the aggregate. This insurance will include contractual liability insuring the indemnity agreement referred to above. NOTE: The limits specified in 2. !a), (b) and (c) above may be satisfied with a combination of primary and Umbrella/Excess insurance. 3. CERTIFICATES OF INSURANCE shall provide that Koch shall be given not less than 15 days written notice of any cancellation or change that affects the coverage. If the expiration date of such insurance occurs during the term of the contract, renewal certificates shall be furnished not less than 15 days before such expiration date. 4. CERTIFICATES OF INSURANCE shall clearly indicate that the features outlined in paragraphs 2. a, b, c and 3. above are covered and that: a. The COMMERCIAL GENERAL LIABILITY, and AUTOMOBILE LIABILITY policies contain provisions providing that: (1) The Koch is an ADDITIONAL INSURED as respects liability arising out of any possession, control, custody, use or misuse of the Trailer. (2) Such insurance shall be primary to and not excess of or contributory with any other insurance available to Company, b. All policies providing coverage hereunder contain provisions that the insurance companies will have no right of recovery or subrogation against Koch, its divisions, affiliates, or subsidiary companies, it being the intention of the parties that the insurance so effected shall protect all parties, and the Lessee's carrier shall be primarily liable for any and all losses covered by the above described insurance. 7. The obligation to carry the Insurance required by this document shall not limit or modify in any way any other obligations assumed by the Lessee under the Trailer Lease. Koch shall not be under any duty to examine policies, certificates or other evidence of Lessee's Insurance, or to advise Lessee in the event that Lessee's Insurance is not in compliance with the Trailer Lease. (JC/AGR/INSATTAA) -2- Ytem # 2.22 Clarification of FEMA Funds on Road & Bridge Annual Budget. Leonard Odem addressed the Court stating that his FEMA funds were not being addred into the bottan line as revenue and just wanted to let the Court know. COMM I S~ ~NERS' LOUR-I_ A~:.:~E 'DA REQUEST ~~PEASE FURNISH ONE ORIGINAL. f\Nf~ (=1VF (:Ohlf~`~ ~~( (ills P(~OUEST A.ND -- DOCUr1FN-1_S -LO (~(- R(~~~i(=-Wf-(~ (3`r ~I-LI(- ~•; _,,,~, ; •"-`~ nE ~~~. Leonard Odom, Jr. ~iEETiNG DATE: August 24, 1992 ~, i ! Road & Bridge I I. ,: .,-~"~~=emu: Clarification of FEMA Funds on SUBJECT: (PLEASE ELF SPFC11=1C? _ Road & Bridge Annual Biic9gPt ,~ EXECUTIVE SESSION RE~I.iES-I-[=f~: `~'I~:-~ ~~ EASE STATE RE,-\SC~N Clarification of FEMA__Fund~ on statement cif Expenditures ESTIM~.TED LENGTH OF f~RESEN-I~i\ I I~~(~: 15 minutes _ ~ERSONI'~'EL MATTER - PJ,4MC 0f= E:(~1!>f_OYC: ,~ ;I~iE OF PERSON ADDRL~:~S I N(', ~ ; ii 'c !Ul ;~I" ~;me for submlttfng this reques' fer Court ~.~, ,:,sure tl~~~~ ~.i~~:~ ~, ~~>.~ith Article 6252-17 is as follows: '~ Meetings held on second Mondav: 1 2:00 !` i 1. prevlous 1~lerln~, .: '-teetings held on Thursda~.~s: 500 ~.~~I, prlr~.~lnur: Thru~:(1,~~. !S J:E~~UEST RECEII'1=(~ .'`.': T . ~ S Rr~UEST RECE I ~,~ ~D ~~i~~ : ._-- `"'--..____ _ ~.i i Agendz Requests „ i 1 1 i/~e :,~:r-~,,.,n~'d by ll~~(~ ~ ~,;r _ ~ ': `f 1 ce _ _ ~ _ .,-~ - , ::~egU2te 1nT^r n1~3ti0n iLS f'CPrI {)r'~r~.ll'(~rl (•nr 11~~' '~~~' ~ ,..,-.,• _-~cir'c~?~ ~ ~- _ _• J t1(i''° ~~ r'n(!r` f'ln°` I'1(t`; . ~(~Ilt' ('tv~j~~'I'~l!.I(~(1 `, `. ~~! ,~" "'~ri _^ ."'` .. ., . Leonard Odom, Jr. MEMORANDUM TO: Commissioners' Court FROM: Leonard Odom, Jr. Road Administrator DATE: August 20, 1992 RE: FEMA I~~tJNDS Road and Bridge received the following amounts from FEMA for partial payment of the damages accessed to Kerr County Roads. $ 106,542.95 -April 17, 1992 6,25.00 -May 10, 1992 TOTAL $112, 8 07.95 These funds were not added to the Road and Bridge 611 Budget line. However, the money spent to repair the sites is shown on our monthly expenditures as a minus. ,~ Please note on the attached statement of expenditures for July: 15-611-665 $ - 92,333.8 i bottom line $ 225,890.04 If the FEMA funds had been added to the budget, the bottom line would read $ 332,432.99 and the percentage at 22% instead of 15% Showing these expenditures as a minus does not give a clear picture of our unencumbered balance. 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Northwest Hills Box S Ash(Greenwood Forest) Indian Creek Cade Loop Ox Hollow Elizabeth(Valle Verde) Tatsch Road North Midway Scenic Acres Lane Valley-By Pass Alerkemp Road Schultz Riojas Ehlers Road Herman's Son Stoneleigh Mc Donald Loop .._ West Camp Verde Spur 100 Engineering RancherolCade Loop) (This was the additional money) DSR DATE CREWLEADER COMPLETED 65021 Contractor 65022 4/10/92 Stehling 65023 4/10/92 Stehling 65024 2/12!92 Stehling 65025 4/14/92 Stehling 65026 1 /30/92 Stehling -65027 1 /30/92 Stehling 65028 4!15/92 Stehling 65029 4/15/92 Stehling 65030 8/10/92 Stehling 65031 1 /13/92 Stehling 65032 Biermann 65033 5119192 Biermann 65034 Biermann 65035 4/3192 Biermann 65036 118!92 Biermann 65037 7/6/92 Biermann 65038 1!14192 Biermann 65039 1 /30/92 Biermann 65040 1 /24/92 Lackey 65041 1 /31 /92 Lackey 65042 3/26!92 Lackey 65043 Lackey 65044 1114/92 Lackey 65045 6/11!92 Lackey 65046 6111192 Lackey 65047 1 /20192 Lackey 65048 2/4192 Koennecke 65049 1 /7/92 Koennecke 65050 4/12/92 Koennecke 65051 1 /15192 Koennecke 65052 12/24/91 Koennecke 65053 1127/92 Koennecke 65054 1 /20/92 Koennecke 65055 1 /24!92 Koennecke 65056 1114/92 Koennecke 65057 2/10/92 Biermann 13390 Contractor