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BRAZOSCOUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 7 JULY 2009 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM
OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE,
SUITE 106, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance - Judge Sims.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 - 17:
3. Budget Amendment 08/09 - 39.1 thru 39.6.
4. Request from the District Attorney to create an additional intern position to be paid
from the D.A. Crime Fund (position 4, class code 0433, 240 hours at $10.00/hour).
5. Request from the Sheriff's Office for permission to move sufficient funds for the
following, with no increase to their FY09 budget:
a. decrease Class Code 1429, Position 1, Group 23 from Step 10 to Step 9 to fund
increase Class Code 1423, Position 2 Group 25, from Step 7 to Step 8;
b. decrease Class Code t~tcq, t~ 21 `1 5 or V
X23'; Position-?, Group 25, Step 6 to Step,-?to fund
increase Class Code1423, Position 1, Group 25, Step 5 to Step 8.
6. Personnel Change of Status.
7. Payment of Claims.
Office of the County Judge . 200 South Texas Ave. . Suite 332 . Bryan, Texas 77803 . Fax: (979) 361-4503
VOLIA3 PAGE
Commissioners Court Agenda
7 July 2009
Page 2
8. Second amendment with Government Records Services, Inc. for full service
computerized indexing, optical imaging systems and services for vital and real property
records.
9. Jury Notice and Summons Agreement with Information Management Solutions, LLC
10. Service Provider Agreement with Leslie Blizzard for court ordered psychological
sexual evaluations on juveniles that have been referred to the Juvenile Court; term of
agreement is I September 2009 through 31 August 2010.
11. Approval and ratification of User Agreement for access to Citibank online cash
management services by the Brazos County Auditor, Treasurer, Tax Office, County
Clerk, Sheriff's Department and Information Technology Department. Master
Agreement remains primary authority as to banking terms.
12. Request from Emergency Management for permission to loan a laptop computer to the
American Red Cross, Bryan office, for the purpose of hurricane planning.
13. Capital requisition in the amount of $63,188.61 to Convergint Technology for the
security system project.
14. Permission to advertise Bid 2009-46, Eight Station Shower Trailer.
15. Amendment to the Brazos County Purchasing Policy raising the limit for sealed
competitive bids, proposals and qualifications from $25,000 to $50,000 as per HB 987.
16. Tax Refund Application for Saxon Mortgage.
17. Request from Verizon Communications to construct four (4) road bores for buried
cable installations in the right of way of Mesa Verde Drive, Pawnee Crossing and
Tahoma Trail. Site is located in Precinct 1.
18. Acknowledgement of the Monthly Reports submitted in June 2009. These reports are
available for review in the County Judge's Office.
19. Announcement of interest items and possible future agenda topics.
20. Call for citizen input and/or concerns.
21. Agency / Board / Committee reports by Court members.
22. Adjourn
VOL ~3 P S
Commissioners Court Agenda
7 July 2009
Page 3
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to
four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make
comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners
Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section
18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the
power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly,
members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct
themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public
discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are
inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to
leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a
Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any
individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the
honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees,
individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or
any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of
these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly
posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published
agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court.
However, responses from the County Judge or Commissioners to unlisted public comment topics could become
deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners
Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to
correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future
agenda. See Texas Open Meetings Act §551.042.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102.
VOL [a PAGE 4P
COMMISSIONERS' COURT
REGULAR MEETING
JULY 7, 2009
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, July 7, 2009 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;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
The County Judge gave the invocation and then led the
pledge of allegiance.
Under citizen input/and or concerns, the following spoke:
Donald Lampo, Constable, Precinct 2
a) Stated that there were very few fires for the 4th of
July. He thinks the burn ban signs have helped. He
then thanked the Court.
r
Vol 1a3 Page ~7
Commissioners Court meeting July 7, 2009 2
Linda Coats, Democratic Election Committee
a) She made a plea for higher pay for election workers.
She asked that they be paid $10 as the cities of Bryan
and College Station are paying their election workers
$9 per hour.
The Court next considered Budget Amendment #08/09-39.1
through 39.6 that would reallocate funds for the Expo Center,
Juvenile Services: Academy & Title IV-E, Purchasing, Road &
Bridge Department; and transfer funds from Contingency to
Sheriff Office: Jail Division, and General Capital
Improvement. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the budget amendment as submitted. A copy each
amendment is attached.
The next matter before the Court was a request from the
District Attorney to create an additional intern position to
be paid for from the D.A. Crime Fund. The position would be a
Position 4, Class Code 0433, 240 hours at $10.00 per hour.
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the request
from the District Attorney.
The Court next considered a request from Sheriff Chris
Kirk for permission to move sufficient funds for the
following, with no increase to their FY09 budget:
Vol l;U Page 9-
Commissioners Court meeting July 7, 2009 3
a. decrease Class Code 1429, Position 1, Group 23,
from Step 10 to Step 9 to fund
increase to Class Code 1423, position 2, Group
25, Step 8
b. decrease Class Code 1423, Position 7, Group 25
to Step 2 to fund
increase Class Code 1423, Position 1 Group 25,
Step 5 to Step 8
Commissioner Peters stated that he wants to keep the policy of
maintaining a step 4 in all positions. After some discussion,
the Sheriff proposed the following:
c. decrease Class Code 1415, Position 13,
Group 21, Step 9 to Step 5 or 6 to fund
increase Class Code 1423, Position 1 Group 25,
Step 5 to Step 8
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the request
with the changes noted above in "c".
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.
Then the Court went back to consider the personnel action
Commissioners Peters and Wassermann then amended their motion
and second to include the changes approved in item 5 of the
Vol t L3 Page 01
Commissioners Court meeting July 7, 2009 4
agenda. This will supersede the action taken in item 6,
Personnel Change of Status.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7063696 through 7063902
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 consideration of a
Second Amendment with Government Records Services, Inc. for
full service computerized indexing, optical imaging systems
and services for vital and real property records. Cost of
implementation will be $10,000.00 and will allow title
companies, mortgage companies, law firms attorneys and
governmental agencies to electronically file for record in
real property records all land and land related instruments.
On motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to approve the Second
Amendment and authorized the County Judge to execute the
document. A copy is attached.
The Court next considered the Jury Notice and Summons
agreement between Brazos County and Information Management
Solutions, L.L.C. for the preparation, printing, and delivery
Vol I'M Page ~_ft5
Commissioners Court meeting July 7, 2009 5
of jury notices and other required inserts. Cost to Brazos
County is as follows:
Jury Wheel Programming $190.00 one time charge
Printing and Services $375.03 monthly
Paper and Supplies $1,187.50 monthly
Optional NCOA File
Return Process $41.67 Monthly
Estimated Postage $1,479.29 Monthly
on motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Jury
Notice and Summons agreement between Brazos County and
Information Management Solutions, L.L.C. and authorized the
County Judge to execute the document. A copy is attached.
The next matter before the Court was consideration of a
Service Provider Agreement between Brazos County Juvenile
Services and Leslie Blizzard to conduct court ordered
psychological sexual evaluations on juveniles that have been
referred to the juvenile court. Cost to Brazos County is
$350.00 for each evaluation. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the agreement and authorized the County
Judge to execute the document. A copy is attached.
The Court next considered approval and ratification of
the User Agreement for access to Citibank online cash
management services by the Brazos County Auditor, Treasurer,
Tax Office, County Clerk, Sheriff's Office and Information
Vol 193 Page 1,1
Commissioners Court meeting July 7, 2009 6
Technology Department. The Master Agreement remains the
primary authority as to the banking terms. This will permit
authorized users to access eligible bank accounts and services
through the internet using personal computers. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the agreement and
authorized the County Judge to execute the document. A copy
is attached.
The next matter before the Court was consideration of a
request from Chuck Frazier, Emergency Management Coordinator
for permission to loan a laptop computer to the American Red
Cross Bryan Office for the purpose of hurricane planning. Mr.
Frazier addressed the Court saying that they have an older
laptop that the Information Technology Department can wipe
clean. He went on to say that they would like to donate the
laptop. On motion by Commissioner Cauley, seconded by
Commissioner Mallard, the Court voted unanimously to approve
the request from the Emergency Management Coordinator to loan
the lap top computer. The computer will remain on the
Emergency Management inventory.
The Court next considered approval of a capital
requisition in the amount of $63,188.61 to Convergint
Technology for the security system project. On motion by
Vol t U Page _ (2,
Commissioners Court meeting July 7, 2009 7
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to approve the requisition.
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 2009-46, Eight Station
Shower Trailer. The County received a grant from the Health
Department for this purchase. on motion by Commissioner
Peters, seconded by Commissioner Wassermann, the Court voted
unanimously to authorize the Purchasing Agent to advertise for
bids for an eight station shower trailer.
The next matter before the Court was consideration of an
amendment to the Purchasing Policy. In the last legislative
session, HB 987 was signed raising the limit required for
competitive bids to $50,000.00 This amends section 262.023(a)
and various other sections of the Local Government Code
governing procurement. The Purchasing Department is requesting
that the Court increase the limit and follow Texas State law.
on motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the request.
The next matter for consideration was approval of tax
refund application from the following individual and/or
company:
a. Saxon Mortgage, over payment $5,004.68
Vol ~.a3 Page 13
Commissioners Court meeting July 7, 2009 8
On motion by Commissioner Wassermann, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
application.
The Court next considered the request from Verizon
Communications to install construct four (4) road bores for
buried cable installations in the right-of-way of Mesa Verde
Drive, Pawnee Crossing and Tahoma Trail. The site is located
in Precinct 1. The County Engineer stated that all appeared
to be in order and recommended approval. On motion by
Commissioner Wassermann, seconded by Commissioner Cauley, the
Court voted unanimously to approve the request from Verizon
Communications and authorized the installation. A copy of the
request is attached hereto.
The Court acknowledged receipt of the Extension Service
reports for June 2009 and acknowledged receipt of reports from
the following County and Precinct Offices showing revenues
collected and remitted to the County Treasurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2, Place 1
Justice of the Peace Precinct 2, Place 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable, Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Brazos County Events Facilities
Vol i al3 Page J4
Commissioners Court meeting July 7, 2009 9
Road & Bridge
Sheriff
A copy of the Officials' reports can be viewed in the County
Auditor's office.
There were no announcements of interest items and
possible future agenda topics.
Under citizen input and/or concerns, the following
spoke:
Sheriff Chris Kirk
a) There were 514 inmates in jail, 62 are in
out of County jails, 47 have monitors and 31
are pending for monitors.
There were no Agency/Board/Committee reports by Court
members.
There being no further business to come before the Court,
the meeting was adjourned.
Vol O L3 Page l 5
The foregoing minutes of the Commissioners Court meeting held
July 7, 2009 have been examined and are approved in open Court
this the day of 2009, in Bryan, Brazos
County, Texas.
Q
Randy Sims Lloyd Wassermann
County J dge Commissioner, Precinct 1
Duane Peters Kenny Malla
Commissioner, Precinct 2 Commissioner, Precinct 3
l
Irma Cdulery'
Commissioner, P ecinct 4
Attest:
a en McQueen
County Clerk
Vol ( a 3 Page
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VOL ] PAGE_ I ~
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09 - 39.1 thru 39.6
On this the 7" day of July 2009 at a regular meeting of the Commissioners' Court, the following
7 34:3
members were present: ~p ~yQQi.°C
Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct I
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Irma Cauley, Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 7 July 2009 the Court heard and approved a budget amendment for the 2008-
2009 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 19 September 2008, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 7ffi day of July 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Randy s, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
VOLL0 PAGE r~~
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 39.1
7/7/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 100,000.00
0100 28002000 71050000 DR Contract Inmate Housing 100,000.00
General Fund Contingency & Sheriff Office: Jail Division
To reallocate funds to allow for the housing of inmates out of county. This allows fora roximatel 30 days of inmate housing.
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VOLLA~,-PkE
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 39.2
7/7/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contin enc -General Fund 19,200.00
0100 91110000 DR Transfer to Capital Improvement Fund 19,200.00
4500 49028000 CR Transfer fin General Fund 19,200.00
4500 63000500 80440000 DR Land 19,200.00
General Fund Contingency & General Capital Improvement
To reallocate funds to allow for the additional costs for the urchase of land from B an Inde endent School District.
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VoLlo PAGE
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 39.3
7/7/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 36000100 59100000 CR DDEA 101,025.00
0100 36000100 67286000 CR Equipment - Other 15,000.00
0100 36000100 61010000 CR Advertisin 6,775.00
0100 36000100 61500000 CR Printing 6,000.00
0100 36000100 65250000 CR Diesel 8,000.00
0100 36000100 65550000 CR Radio Maintenance 2,000.00
0100 36000100 71030000 CR Employment Services 5,800.00
0100 36000100 72590000 CR Professional Fees 5,000.00
0100 36000100 80293000 DR Equipment - Expo Center 29,000.00
0100 36000100 80890000 DR Vehicle 22,500.00
0100 36000100 65050000 DR Equipment - Expo Center 12,600.00
85,500.00
Exposition Center
To reallocate funds to allow for several capital purchases. To purchase a tractor with loader, , one half ton pickup with
accessories, steel hoppers, W-W horse stall ne nd tie stalls. Recommended b the Ca ital Im rovement Ca ital
Committee to use current funds to allow f the purchase in the current fiscal ear.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 39.4
717/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 31000300 71506000 CR Rental - Office Space 4,700.00
0100 31000300 72157000 CR Counseling Services 1,450.00
0100 31000300 80720000 DR Security System 6,150.00
0100 31050000 61130000 CR Contingency - Title IV-E 6,150.00
0100 31050000 80720000 DR Security System 6,150.00
Juvenile Services: Academy & Title IV-E
To reallocate funds to allow for the urchase of seuri cameras tor ortable buildings.
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VOLIo13 PAGE -a~
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 39.5
7/7/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 16500100 59100000 CR DDEA 1,050.00
0100 16500100 67670000 DR Printers 850.00
0100 16500100 60600000 DR Office Supplies 200.00
Purchasing
To reallocate funds to allow for the purchase of rw rinters and replacement with one (color) and urchase of additional
office su lies for the remainder of fiscal year.
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VOL { ~ PAGE ~OS
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 39.6
7/7/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 56001000 80287000 CR Equipment - Radios 3,000.00
0100 56001000 67287000 DR Equipment - Radios 3,000.00
Road and Bridge
To realldc`ate funds to allow for the purchase of hand held radios. Funds being moved to the proper account code.
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VOLl_t'AGE
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: July 7, 2009
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Building Maintenance Mayo, Matthew New Hire
Warren, Dennis New Hire
Commissioner's Court Cauley, Irma Cell Phone Allowance
District Court- Crime Fund Ricciardello, Michael New Hire
Juvenile Services- Academy Tolmsoff, Shawn F. New Hire
Juvenile Services- Detention Castillo, Adriana New Hire
Sheriff's Office - Administration Ledesma, Ricardo Budget Change
Welch, Michael R. Budget Change
Approved in Commissioners' Court: July 7, 2009:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
sgo
VOL 1013 PAGE A7
SECOND AMENDMENT FOR FULL SERVICE COMPUTERIZED INDEXING,
OPTICAL IMAGING SYSTEMS AND SERVICES FOR VITAL AND REAL
PROPERTY RECORDS, BRAZOS COUNTY, TEXAS
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF BRAZOS §
This Second Amendment for Full Service Computerized Indexing, Optical Imaging
Systems and Services for Vital and Real Property Records (herein the "Contract"), is
made and entered into by and between BRAZOS COUNTY, a political subdivision of the
State of Texas, on behalf of its County Clerk, hereinafter referred to as "Client", and
GOVERNMENT RECORDS SERVICES, INC., a New York corporation, 2800 W.
Mockingbird Lane, Dallas, Texas 75235, hereinafter referred to as "ACS" or "Provider".
RECITALS
WHEREAS, Client and the Provider entered into a Contract for microfilming,
indexing and storage and maintaining on-line Real Property Records and Vital Statistics
Records of Brazos County, Texas on July 10, 2005.
WHEREAS, the original Contract as amended by a First Amendment has one and
a half (1 1/2) years on its original term and extension periods; and
WHEREAS, County wishes to obtain certain electronic recording and
transmission capabilities and related services in substitution of conventional paper-based
document transmission mechanisms, and
WHEREAS County further desires to ensure that all such electronic transmissions
are legally valid and enforceable; and
WHEREAS, ACS has developed and operates the Electronic Recordation
Exchange System ("eRX System") which facilitates the creation, execution, validation
and delivery of electronic documents to participating counties; and
WHEREAS ACS operates the eRX as an electronic recording interface for
submitting companies or services providers; and
WHEREAS, County and ACS wish to integrate eRX to the County's Land
Record Management System thereby creating a County electronic recording program (the
"Electronic Recording Program");
WHEREAS, the parties wish to alter their current Contract to provide for this
upgrade in technology.
NOW THEREFORE, KNOW ALL BY THESE PRESENTS that for and in consideration
of the upgrade in services the parties agree to the terms and conditions set forth herein.
All terms and conditions of the contract remain in place unless stated in this amendment.
VOL,1d3 AGE a
CONSIDERATION
Client agrees to pay for Providers one time implementation fee for the `Electronic
Recording Program, as those services are described, as follows:
See Exhibit "A" attached - Pricing and Description of Systems and Services
Exhibit A is attached hereto and made a part hereof for all purposes.
DURATION
This Amendment shall commence immediately upon execution and shall expire at
midnight on July 9, 2010, subject to the annual appropriation of currently available funds
by the Brazos County Commissioners Court. Client shall have two twelve month renewal
options to commence upon expiration of the previous term upon the same terms and
conditions stated herein. The Client shall notify the Provider in writing of its decision to
exercise this option 30 days prior to the expiration of the original term. Such renewal
terms shall be upon the same terms and conditions as set forth herein. JJ EXECUTED in two (2) originals in Brazos County, Texas on this the 7Tv day of
S 12009.
CLIENT: PROVIDER:
Brazos County, Texas Government Records Services, Inc.
Brazos County Co use 2800 W. Mockingbird Lane
200 So. Tex v uite Dallas, Texas 75235
Bryan, T 7
By: By: v'
Ran7~i , County JudgeHubert P. Auburn
Actiehalf of, and by the authority of Vice President
The ssioners Court of Brazos
County, Texas
ATYE~T:
Karen- McQue n razos ounn 1 kJ
Cam' `
VOL1a3 PAGE a7
EXHIBIT A
Pricing and Service Description
ACS will implement the Electronic Recording Program into the existing recording and
indexing process. This program will allow title companies, mortgage companies, law
firms, attorneys and governmental agencies to electronically file for record in real
property records all land and land-related instruments. All current functionality of the
system will remain intact. The current Brazos County recording and cashiering processes
will remain as currently exists.
The costs for implementing the electronic recording functionality and service is:
1) One time Brazos County set up/customization - $ 10,000.00
This costs includes all consulting, hardware, software, training and installation. On-going
maintenance for this Electronic Recording Program will be included and covered with the
current 20/20 Records Management System monthly service.
t
V0L l ~3 ?RGE_,
THE STATE OF TEXAS §
§ KNOW ALL THESE PRESENTS:
BRAZOS COUNTY §
JURY NOTICE AND SUMMONS AGREEMENT BETWEEN BRAZOS
COUNTY AND INFORMATION MANAGEMENT SOLUTIONS, L.L.C.
GENERAL TERMS & CONDITIONS
1. PARTIES
1.0 ADDRESS
THIS AGREEMENT for JURY NOTICE TRACKING SYSTEM AND
SERVICES ("Agreement") is made on the Countersignature Date between the
COUNTY OF BRAZOS, TEXAS ("County"), and Information Management
Solutions, L.L.C., ("Contractor or Contractor/Supplier"), a limited liability
corporation created and doing business in Texas.
The initial addresses of the parties, which one party may change by giving written
notice to the other party, are as follows:
Brazos County Information Management Solutions, L.L.C.
200 S. Texas Ave, Suite 329 2422 Freedom St.
Bryan, Texas 77803 San Antonio, TX 78217
2.0 TABLE OF CONTENTS
2.1 This Agreement consists of the following sections:
V®L( AGE 31
TABLE OF CONTENTS
Pal4e No.
1.
PARTIES I
1.0
ADDRESS ..............................................................................1
2.0 TABLE OF CONTENTS ....................................................1
3.0 PARTS INCORPORATED ..................................................3
4.0 CONTROLLING PARTS ...................................................3
5.0 DEFINITIONS ................................................................3
6.0 SIGNATURES ................................................................4
II. DUTIES OF CONTRACTOR ............................................................5
1.0 SCOPE OF SERVICES ......................................................5
2.0 RELEASE ......................................................................5
3.0 INDEMNIFICATION ........................................................5
4.0 INDEMNIFICATION PROCEDURES ....................................5
5.0 INSURANCE ..................................................................6
6.0 WARRANTIES ...............................................................7
7.0 LICENSES AND PERMITS ................................................7
8.0 CONTRACTOR'S PERFORMANCE ......................................8
9.0 PAYMENT OF EMPLOYEES AND SUBCONTRACTORS 8
III. DUTIES OF COUNTY .......................................................9
1.0 PAYMENT TERMS .............................................................8
2.0 TAXES .........................................................................8
3.0 METHOD OF PAYMENT ..................................................9
4.0 METHOD OF PAYMENT -DISPUTED PAYMENTS .................9
5.0 LIMIT OF APPROPRIATION ..............................................9
6.0 CHANGES ....................................................................10
IV. TERM AND TERMINATION ............................................11
1.0 CONTRACT TERM ..........................................................11
2.0 RENEWALS ..................................................................I1
3.0 TIME EXTENSIONS ........................................................12
4.0 TERMINATION FOR CONVENIENCE BY COUNTY ..............12
VOLIa'ASE 3a-
5.0 TERMINATION FOR CAUSE BY COUNTY 12
6.0 TERMINATION FOR CAUSE BY CONTRACTOR ..................13
V. MISCELLANEOUS .........................................................13
1.0 INDEPENDENT CONTRACTOR ........................................13
2.0 FORCE MAJEURE ..........................................................14
3.0 SEVERABILITY ............................................................14
4.0 ENTIRE AGREEMENT ....................................................14
5.0 WRITIEN AMENDMENT 14
6.0 APPLICABLE LAWS 15
7.0 NOTICES .....................................................................15
8.0 NON-WAIVER .............................................................15
9.0 INSPECTIONS AND AUDITS ...........................................15
10.0 ENFORCEMENT ..........................................................15
11.0 AMBIGUITIES 16
12.0 SURVIVAL ..................................................................16
13.0 PARTIES IN INTEREST ...................................................16
14.0 SUCCESSORS AND ASSIGNS 16
15.0 BUSINESS STRUCTURE AND ASSIGNMENTS 16
16.0 REMEDIES CUMULATIVE ..............................................16
17.0 CONTRACTOR DEBT 17
18.0 ADDITIONS & DELETIONS .............................................17
EXHIBITS
A. DEFINITIONS
B. SCOPE OF SERVICES
C. FEES AND COSTS
3.0 PARTS INCORPORATED
3.1 The above described sections and exhibits are incorporated into this
Agreement.
v01i3GE..33
4.0 CONTROLLING PARTS
4.1 If a conflict among the sections or exhibits arises, the document that
expressly controls the subject controls.
5.0 DEFINITIONS
5.1 Certain terms used in this Agreement are defined in Exhibit "A".
6.0 SIGNATURES
6.1 The Parties have executed this Agreement in multiple copies, each of
which is an original.
H. DUTIES OF CONTRACTOR
1.0 SCOPE OF SERVICES
1.1 In consideration of the payments specified in this Agreement,
Contractor shall provide all supervision, labor, tools, equipment,
permits, parts, expendable items, material, and supplies necessary to
perform the services described in Exhibits "B and C."
2.0 RELEASE
2.1 CONTRACTOR/SUPPLIER AGREES TO AND SHALL RELEASE
THE COUNTY, ITS AGENTS, EMPLOYEES, OFFICERS, AND
LEGAL REPRESENTATIVES (COLLECTIVELY THE COUNTY
FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR
LOSS TO PERSONS OR PROPERTY SUSTAINED IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE
UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH,
DAMAGE, OR LOSS IS CAUSED BY THE COUNTY'S
CONCURRENT NEGLIGENCE.
L AGE 34.
3.0 INDEMNIFICATION
3.1 CONTRACTOR/SUPPLIER AGREES TO AND SHALL DEFEND,
INDEMNIFY, AND HOLD THE COUNTY, ITS AGENTS,
EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES
(COLLECTIVELY "THE COUNTY") HARMLESS FOR ALL
CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND
EXPENSES (INCLUDING, WITHOUT LIMITATION,
ATTORNEY'S FEES, COURT COSTS, AND ALL OTHER
DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH,
DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED
IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE
UNDER THIS AGREEMENT INCLUDING, WITHOUT
LIMITATION, THOSE CAUSED BY:
3.1.1 Contractor/Supplier And/Or Its Agents', Employees', Officers',
Directors', Contractors', Or Subcontractors' Actual Or Alleged
Negligence Or Intentional Acts Or Omissions;
3.1.2 The County's And Contractor/Supplier Actual Or Alleged
Concurrent Negligence, Whether Contractor Is Immune From
Liability Or Not; And
3.1.3 Contractor/Supplier Shall Defend, Indemnify, And Hold The
County Harmless During The Term Of This Contract And For
One (1) Year After The Contract Terminates. Contractor's
Indemnification Is Limited To $500,000 Per Occurrence.
Contractor Shall Not Indemnify The County For The County's
Sole Negligence.
3.2 COUNTY AGREES TO HOLD CONTRACTOR
HARMLESS FOR ANY CLAIMS MADE BY THE
COUNTY THAT MAY ARISE AS A RESULT OF FAULTY,
INCORRECT OR INCOMPLETE DATA BEING SENT TO
IT BY THE COUNTY: PROVIDED THAT CONTRACTOR
WAS NOT AWARE, MADE AWARE, OR SHOULD HAVE
BEEN AWARE OF THE INACCURACY OF THE DATA.
3.3 CONTRACTOR SHALL REQUIRE ALL
SUBCONTRACTORS (AND THEIR SUBCONTRACTORS)
VOL
IT HAS RETAINED (BY PRIOR PERMISSION OF THE
COUNTY) TO RELEASE AND INDEMNIFY THE
COUNTY TO THE SAME EXTENT AND IN
SUBSTANTIALLY THE SAME FORM AS ITS RELEASE
AND INDEMNITY TO THE COUNTY.
4.0 INDEMNIFICATION PROCEDURES
4.1 Notice of Claims. If the County or Contractor/Supplier receives
notice of any claim or circumstances, which could give rise to an
indemnified loss, the receiving party shall give written notice to the
other party within 10 days. The notice must include the following:
4.1.1 Description of the indemnification event in reasonable detail,
4.1.2 The basis on which indemnification may be due, and
4.1 .3 The anticipated amount of the indemnified loss.
4.2 This notice does not stop or prevent the County from later asserting a
different basis for indemnification or a different amount of
indemnified loss than that indicated in the initial notice. If the County
does not provide this notice within the 10 day period, it does not
waive any right to indemnification except to the extent that
Contractor/Supplier is prejudiced, suffers loss, or incurs expense
because of the delay.
4.3 Defense of Claims
4.3.1 Assumption of Defense. Contractor/Supplier may assume the
defense of the claim at its own expense with counsel chosen by
it that is reasonably satisfactory to the County.
Contractor/Supplier shall then control the defense and any
negotiations to settle the claim. Within 10 days after receiving
written notice of the indemnification request,
Contractor/Supplier must advise the County as to whether or
not it will defend the claim. If Contractor/Supplier does not
assume the defense, the County shall assume and control the
defense, and all defense expenses constitute an indemnification
loss.
~
VOLIA3 GE 3te'
4.3.2 Continued Participation. If Contractor/Supplier elects to
defend the claim, the County may retain separate counsel to
participate in (but not control) the defense and to participate in
(but not control) any settlement negotiations.
Contractor/Supplier may settle the claim without the consent
or agreement of the County, unless it (i) would result in
injunctive relief or other equitable remedies or otherwise
require the County to comply with restrictions or limitations
that adversely affect the County, (ii) would require the County
to pay amounts that Contractor/Supplier does not fund in fall,
(iii) would not result in the County's full and complete release
from all liability to the plaintiffs or claimants who are parties
to or otherwise bound by the settlement.
5.0 INSURANCE
5.1 Contractor/Supplier shall maintain in effect certain insurance
coverage and shall furnish certificates of insurance, in duplicate form,
before beginning its performance under this Agreement. All policies
except Professional Liability and Workers' Compensation must name
the County as an additional insured. The issuer of any policy (1) shall
have a Certificate of Authority to transact insurance business in Texas
or (2) shall be an eligible non-admitted insurer in the State of Texas
and have a Best's rating of at least B+ and a Best's Financial Size
Category of Class VI or better, according to the most current edition
Best's Key Rating Guide. Contractor shall maintain the following
insurance coverage in the following amounts:
5.1.1 Commercial General Liability insurance including Contractual
Liability insurance: $500,000 per occurrence; $500,000
aggregate
5.1.2 Automobile Liability insurance $500,000 combined single
limit per occurrence Defense costs are excluded from the face
amount of the policy Aggregate Limits are per 12-month
policy period unless otherwise indicated
5.1.3 Employer's Liability Bodily injury by accident $100,000 (each
accident) Bodily injury by disease $100,000 (policy limit)
Bodily injury by disease $100,000 (each employee)
VOL PAGE
5.2 All insurance polices must require on their face, or by endorsement,
that the insurance carrier waives any rights of subrogation against the
County, and that it shall give 30 days written notice to the County
before they may be canceled. Within the 30 day period, Contractor
shall provide other suitable policies in lieu of those about to be
canceled, materially changed, or non-renewed so as to maintain in
effect the required coverage. If Contractor does not comply with this
requirement, the County, at its sole discretion, may:
5.2.1 Immediately suspend Contractor from any further performance
under this Agreement and begin procedures to terminate for
default.
5.2.22 D 1, t- he insufanee with Ge "'ticy- funds and ed e
6.0 WARRANTIES
6.1 Contractor represents and warrants that it shall perform all work in a
good and workmanlike manner, meeting the standards of quality
prevailing in Brazos County, Texas for work of this kind. Contractor
shall perform all work using trained and skilled persons having
substantial experience performing the work required under this
Agreement.
7.0 LICENSES AND PERMITS
7.1 Contractor shall obtain and pay for all licenses, permits, and
certificates required by any statute, ordinance, rule, or regulation.
8.0 CONTRACTOR'S PERFORMANCE
8.1 Contractor shall make citizen satisfaction a priority in providing
services under this Agreement. Contractor shall train its employees to
be customer service-oriented and to positively and politely interact
with citizens when performing contract services. Contractor's
employees shall be clean, courteous, efficient, and neat in appearance
and committed to offering the highest quality of service to the public.
If, in the County's opinion, Contractor is not interacting in a positive
and polite manner with citizens, the County's appointed agent shall
VOLE a'3 PRGE 38
direct Contractor to take all remedial steps to conform to these
standards.
9.0 PAYMENT OF EMPLOYEES
9.1 Contractor shall make timely payments in accordance with applicable
state and federal law to all persons and entities supplying labor,
materials or equipment for the performance of this Agreement
including Contractor's employees.
9.2 Failure of Contractor to pay its employees as required by law shall
constitute a default under this contract
9.3 Contractor shall defend and indemnify the County from any claims or
liability arising out of Contractors failure to pay its employees or
subcontractors as required by law.
III. DUTIES OF COUNTY
1.0 PAYMENT TERMS
1.1 The County shall pay and Contractor shall accept fees provided in
Exhibit "C" for all services rendered and the Deliverables furnished
by Contractor. The fees must only be paid from Allocated Funds, as
provided below.
2.0 TAXES
2.1 The County is exempt from payment of Federal Excise and
Transportation Tax and Texas Limited Sales and Use Tax.
Contractor's invoices to the County must not contain assessments of
any of these taxes. The County will furnish it's exemption certificate
and federal tax identification number to Contractor if requested.
3.0 METHOD OF PAY PAYMENT
3.1 The County shall pay Contractor on the basis of invoices submitted
by Contractor and approved by the County Auditor, showing the
specific tasks completed in the preceding month and the
corresponding prices. The County shall make payments to Contractor
PAGE
at its address for notices within 30 days of receipt of an approved
invoice.
4.0 METHOD OF PAYMENT -DISPUTED PAYMENTS
4.1 If the County disputes any items in an invoice Contractor submits for
any reason, including lack of supporting documentation, the County
Auditor shall temporarily delete the disputed item and pay the
remainder of the invoice. The County Auditor shall promptly notify
Contractor of the dispute and request remedial action. After the
dispute is settled, Contractor shall include the disputed amount on a
subsequent regularly scheduled invoice or on a special invoice for the
disputed item only.
5.0 LIMIT OF APPROPRIATION
5.1 The County's duty to pay money to Contractor under this Agreement
is limited in its entirety by the provisions of this Section.
5.2 In order to comply with constitutional mandates, the County has
appropriated and allocated the sum of referenced and incorporated
herein to pay money due under this Agreement (the "Original
Allocation"). The executive and legislative officers of the County, in
their discretion, may allocate supplemental funds for this Agreement,
but they are not obligated to do so. Therefore, the parties have agreed
to the following procedures and remedies:
5.3 The County makes a supplemental allocation by sending a notice
signed by the Budget Officer and the County Auditor to Contractor
and where appropriated, approved by motion, or ordinance of
Commissioners Court in substantially the following form:
"NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS"
TO; [Name of Contractor]
FROM: Brazos County, Texas (the "County")
DATE: [Date of notice]
SUBJECT: Supplemental allocation of funds for the purpose of
the"[title of this Agreement)" between the County and
(name of Contractor)
V000-7AG-E 40
I, Katie Conner, County Auditor, certify that the supplemental sum of
$ , upon the request of the below-signed Budget
Officer, has been allocated for the purposes of the Agreement out of
funds appropriated for this purpose by the Commissioners Court. This
supplemental allocation has been charged to such appropriation.
The aggregate of all sums allocated for the purpose of such
Agreement, including the Original Allocation, and all supplemental
allocations (including this one), as of the date of this notice, is $
SIGNED:
Katie Conner, County Auditor
REQUESTED:
Irene Jett, Budget Officer
5.4 The Original Allocation plus all supplemental allocations are the Allocated
Funds. The County shall never be obligated to pay any money under this
Agreement in excess of the Allocated Funds. Contractor must assure itself
that sufficient allocations have been made to pay for services it provides. If
Allocated Funds are exhausted, Contractor's only remedy is suspension or
termination of its performance under this Agreement and it has no other
remedy in law or in equity against the County and no right to damages of
any kind.
6.0 CHANGES
6.1 At any time during the Agreement Term, the County Purchasing
Agent may issue a Change Order to increase or decrease the scope of
services or change plans and specifications, as he or she may find
necessary to accomplish the general purposes of this Agreement.
Contractor shall furnish the services or deliverables in the Change
Order in accordance with the requirements of this Agreement plus
any special provisions, specifications, or special instructions issued to
execute the extra work.
6.2 The County Purchasing Agent will issue the Change Order in
substantially the following form:
CHANGE ORDER
VOLJa3 PAIGE i7
TO: [Name of Contractor]
FROM: Brazos County (the "County")
DATE: [Date of Notice]
SUBJECT: Change Order under the Agreement between the County and
[Name of Contractor]
Von ~a _p~E_4a
Subject to all terms and conditions of the Agreement, the County requests that
Contractor provide the following:
[Here describe the additions to or changes to the equipment or services and the
Change Order Charges applicable to each.]
Signed:
[Signature of County Purchasing Agent]
6.3 The County may issue more than one Change Order, subject to the
following limitations:
6.3.1 Commissioners Court expressly authorizes the County
Purchasing Agent to approve a Change Order of up to 10% of
the contract amount. A Change Order of more than 10% over
the approved contract amount must be approved by the
Commissioners Court.
6.3.2 If a Change Order describes items that Contractor is otherwise
required to provide under this Agreement, the County is not
obligated to pay any additional money to Contractor.
6.3.3 The total of all Change Orders issued under this section may
not increase the Original Agreement amount by more than
25%.
6.4 Whenever Contractor receives a Change Order, Contractor shall
furnish all material, equipment, and personnel necessary to perform
the work described in the Change Order. Contractor shall complete
the work within the time prescribed. If no time for completion. is
prescribed, Contractor shall complete the work within a reasonable
time. If the work described in any Change Order causes an
unavoidable delay in any other work Contractor is required to
perform under this Agreement, Contractor may request a time
extension for the completion of the work. The County's decision
regarding a time extension is final.
VOA.1A J PAGE 43
6.5 A product or service provided under a Change Order is subject to
inspection, acceptance, or rejection in the same manner as the work
described in the Original Agreement, and is subject to the terms and
conditions of the Original Agreement as if it had originally been a
part of the Agreement.
6.6 Change Orders are subject to the Allocated Funds provisions of this
Agreement.
IV. TERM AND TERMINATION
1.0 CONTRACT TERM
1.1 This Agreement is effective on the Countersignature Date and expires
two (2) years after such date unless sooner terminated according to
the terms of this Agreement.
2.0 RENEWALS
2.1 Upon expiration of the Initial Term, and so long as the County makes
sufficient supplemental allocations, this Agreement will be
automatically renewed for two successive one-year terms on the same
terms and conditions. If the Commissioners Court elects not to renew
this Agreement, the County shall notify Contractor in writing of the
nonrenewal at least 30 days before the expiration of the then current
term of this agreement.
3.0 TIME EXTENSIONS
3.1 If Department requests an extension of time to complete its
performance, then the County may, in its sole discretion, extend the
time so long as the extension does not exceed 90 days. The extension
must be in writing but does not require amendment of this
Agreement. Contractor is not entitled to damages for delay(s)
regardless of the cause of the delay(s).
VOL ,14 - ' - AG E Yq
4.0 TERMINATION FOR CONVENIENCE BY COUNTY
4.1 The County may terminate this Agreement at any time by giving 30
days written notice to Contractor. The County's right to terminate this
Agreement for convenience is cumulative of all rights and remedies,
which exist now or in the future.
4.2 On receiving the notice, Contractor shall, unless the notice directs
otherwise, immediately discontinue all services under this Agreement
and cancel all existing orders and subcontracts that are chargeable to
this Agreement. As soon as practicable after receiving the termination
notice, Contractor shall submit an invoice showing in detail the
services performed under this Agreement up to the termination date.
The County shall then pay the fees to Contractor for services actually
performed, but not already paid for, in the same manner as prescribed
in Section III unless the fees exceed the allocated funds remaining
under this Agreement.
4.3 Termination of this agreement and receipt of payment for services
rendered are Contractor's only remedies for the County's termination
for convenience, which does not constitute a default or breach of this
agreement. Contractor waives any claim (other than its claim for
payment as specified in this section). It may have now or in the future
for financial losses or other damages resulting from the county's
termination for convenience.
5.0 TERMINATION FOR CAUSE BY COUNTY
5.1 If Contractor defaults under this Agreement, the County may either
terminate this Agreement or allow Contractor to cure the default as
provided below. The County's right to terminate this Agreement for
Contractor's default is cumulative of all rights and remedies, which
exist now or in the future. Default by Contractor occurs if.
5.1.1 Contractor fails to perform any of its duties under this
Agreement;
5.1.2 Contractor becomes insolvent;
5.1.3 All or a substantial part of Contractor's assets are assigned for
the benefit of its creditors; or
VOL 0"TMAD'a'ws`E L, "
.
5.1.4 A receiver or trustee is appointed for Contractor.
5.2 If a default occurs, the County may, but is not obligated to, deliver a
written notice to Contractor describing the default and the termination
date. The County, at its sole option, may extend the termination date
to a later date. If the County allows Contractor to cure the default and
Contractor does so to the County's satisfaction before the termination
date, then the termination is ineffective. If Contractor does not cure
the default before the termination date, then the County may
terminate this Agreement on the termination date, at no further
obligation of the County.
5.3 To effect final termination, the County must notify Contractor in
writing. After receiving the notice, Contractor shall, unless the notice
directs otherwise, immediately discontinue all services under this
Agreement, and promptly cancel all orders or subcontracts chargeable
to this Agreement.
6.0 TERMINATION FOR CAUSE BY CONTRACTOR
6.1 Contractor may terminate its performance under this Agreement only
if the County defaults and fails to cure the default after receiving
written notice of it. Default by the County occurs if the County fails
to perform one or more of its material duties under this Agreement. If
a default occurs and Contractor wishes to terminate the Agreement,
then Contractor must deliver a written notice to the County Judge
describing the default and the proposed termination date.
6.2 The date must be at least 30 days after the County receives notice.
Contractor, at its sole option, may extend the proposed termination
date to a later date. If the County cures the default before the
proposed termination date, then the proposed termination is
ineffective. If the County does not cure the default before the
proposed termination date, then Contractor may terminate its
performance under this Agreement on the termination date.
COL MI "E 47p~ /
1 YYYP
V. MISCELLANEOUS
1.0 INDEPENDENT CONTRACTOR
1.1 Contractor shall perform its obligations under this Agreement as an
independent contractor and not as an employee of the County.
2.0 FORCE MAJEURE
2.1 Timely performance by both parties is essential to this Agreement.
However, neither party is liable for delays or other failures to perform
its obligations under this Agreement to the extent the delay or failure
is caused by Force Majeure. Force Majeure means fires, floods,
explosions, and other acts of God, war, terrorist acts, riots, court
orders, and the acts of superior governmental or military authority.
2.2 This relief is not applicable unless the affected party does the
following:
2.2.1 Uses due diligence to remove the Force Majeure as quickly as
possible, and
2.2.2 Provides the other party with prompt written notice of the
cause and its anticipated effect.
2.3 The County may perform contract functions itself or contract them
out during periods of Force Majeure. Such performance does not
constitute a default or breach of this Agreement by the County.
2.4 If the Force Majeure continues for more than 30 days, the County
may terminate this Agreement by giving 30 days written notice to
Contractor. This termination is not a default or breach of this
Agreement. Contractor waives any claim it may have for financial
losses or other damages resulting from the termination except for
amounts due under the agreement at the time of the termination.
3.0 SEVERABIT,ITY
3.1 If any part of this Agreement is for any reason found to be
unenforceable, all other parts remain enforceable unless the result
materially prejudices either party.
17
VOI_
IA,3 PR^uE~
4.0 ENTIRE AGREEMENT
4.1 This Agreement merges the prior negotiations and understandings of
the Parties and embodies the entire agreement of the Parties. No other
agreements, assurances, conditions, covenants (express or implied), or
other terms of any kind exist between the Parties regarding this
Agreement.
5.0 WRITTEN AMENDMENT
5.1 Unless otherwise specified elsewhere in this Agreement, this
Agreement may be amended only by written instrument executed on
behalf of the County and Contractor.
6.0 APPLICABLE LAWS
6.1 This Agreement is subject to the laws of the State of Texas, the
County regulations, the laws of the federal government of the United
States, and all rules and regulations of any regulatory body or officer
having jurisdiction.
6.2 Venue for any litigation relating to this Agreement is Brazos County,
Texas.
7.0 NOTICES
7.1 All notices required or permitted by this Agreement must be in
writing and are deemed delivered on the earlier of the date actually
received or the third day following: (1) deposit in a United States
Postal Service post office or receptacle; (2) with proper postage
(certified mail, return receipt requested); and (3) addressed to the
other party at the address set out in the preamble of this Agreement or
at such other address as the receiving party designates by proper
notice to the sending party.
8.0 NON-WAIVER
8.1 If either party fails to require the other to perform a term of this
Agreement, that failure does not prevent the party from later
enforcing that term and all other terms. If either party waives the
other's breach of a term, that waiver does not waive a later breach of
this Agreement.
8.2 An approval by the County or it's agent, of any part of Contractor's
performance does not waive compliance with this Agreement or
establish a standard of performance other than that required by this
Agreement and by law.
9.0 INSPECTIONS AND AUDITS
9.1 County representatives may perform, or have performed, (1) audits of
Contractor's books and records, and (2) inspections of all places
where work is undertaken in connection with this Agreement.
Contractor shall keep its books and records available for this purpose
for at least Eighteen (18) Months after this Agreement terminates.
This provision does not affect the applicable statute of limitations.
10.0 ENFORCEMENT
10.1 The County Attorney or his or her designee may enforce all legal
rights and obligations under this Agreement without further
authorization. Contractor shall provide to the County Attorney all
documents and records that the County Attorney requests to assist in
determining Contractor's compliance with this Agreement, with the
exception of those documents made confidential by federal or State
law or regulation.
11.0 AMBIGUITIES
11.1 If any term of this Agreement is ambiguous, it shall not be construed
for or against any party on the basis the party did or did not write it.
VOlIR3 PAGE. 47
12.0 SURVIVAL
12.1 Contractor shall remain obligated to the County under all clauses of
this Agreement that expressly or by their nature extend beyond the
expiration or termination of this Agreement, including but not limited
to, the indemnity provisions.
13.0 PARTIES IN INTEREST
13.1 This Agreement does not bestow any rights upon any third party, but
binds and benefits the County and Contractor only.
14.0 SUCCESSORS AND ASSIGNS
14.1 This Agreement binds and benefits the Parties and their legal
successors and permitted assigns; however, this provision does not
alter the restrictions on assignment and disposal of assets set out in
the following paragraph. This Agreement does not create any
personal liability on the part of any officer or agent of the County.
15.0 BUSINESS STRUCTURE AND ASSIGNMENTS
15.1 Contractor shall not assign this Agreement at law or otherwise er
dispose of all or- substantially all of its assets without the County's
prior written consent. Nothing in this clause, however, prevents the
assignment of accounts receivable or the creation of a security interest
under Section 9.406(c) of the Texas Business & Commerce Code. In
the case of such an assignment, Contractor shall immediately furnish
the County with proof of the assignment and the name, telephone
number, and address of the Assignee and a clear identification of the
fees to be paid to the Assignee.
15.2 Contractor shall not delegate any portion of its performance under
this Agreement without the County's prior written consent.
Y(31O PAGE .~D
16.0 REMEDIES CUMULATIVE
16.1 Unless otherwise specified elsewhere in this Agreement, the rights
and remedies contained in this Agreement are not exclusive, but are
cumulative of all rights and remedies which exist now or in the future.
Neither party may terminate its duties under this Agreement except in
accordance with its provisions.
17.0 CONTIR A C-TOR :PRAT-
r-~vrrr=Qrcx v=c vnv
1 7 1 iF 9- entraeter, at time d 41.0 to - b any 4 it shall 41 notify 41. Count-, diter- in 'ti« if the
0
County Auditor- beeomes aware 4tat Centfaeter has ineuFfed a debt,
n a' 4 1 notify 4 4 itin if G Gentraetef does
not pay the debt within 30 days of either sueh netifieation, the Geufft~
Auditor- .1 .1 t funds amount equa4 4 41- debt frafn any
payments ewed te Gentfaetef under this agreement, and GolAraete
0 therefef e.
waives any f 18.0 ADDITIONS & DELETIONS
18.1 The County, by written notice from the County to the Contractor, at
any time during the term of this contract, may add or delete like or
similar equipment, locations and/or services to the list of equipment,
locations and/or services to be performed. Any such written notice
shall take effect on the date stated in the notice from the County.
Equipment locations and/or services added will be subject to the
contract services and charges or rates as an item already specified in
the fee schedule. In the event the additional equipment, locations
and/or service is not identical to any item already under contract, the
charges therefore will then be the Contractor's normal and customary
charges or rates for the equipment, locations and/or services classified
in the fee schedule.
Signed by the below on the dates provided:
Brazos County Information Management Solutions, L.L.C.
Y:
By: B
Randy Si s, County Judge Name: `T- u..'t5
Title: y I GZ 4e5iAc (
'
/ Federal Tax ID Number lt~-d76614-8
Date: Date: t 7 XI
Attest/Seal:
t'
e
Karen McQueen, Coun Clerk
Ef~L~P~auE~ 5a
EXHIBIT A
DEFINITIONS
As used in this Agreement, the following terms have the meanings set out below:
"Agreement" means this contract between the Parties, including all exhibits, change
orders, and any written amendments authorized by the County and Contractor.
"County" is defined in the preamble of this Agreement and includes its successors and
assigns.
"Contractor" is defined in the preamble of this Agreement and includes its successors and
assigns.
"Effective Date" is defined as the date the Contract Term begins.
"Governing Body" means the Brazos County Commissioners Court.
"Notice to Proceed" means a written communication from the County Purchasing Agent to
Contractor instructing Contractor to begin performance.
"Parties" mean all the entities set out in the Preamble who are bound by this Agreement.
VOL.W AGE ' 53
EXIIIBIT B
SCOPE OF SERVICES
1.0 SCOPE OF WORK
Contractor shall prepare, print, and deliver jury notices and other required inserts,
as well as update or correct addresses as more fully described below.
2.0 RECEIPT OF JURY LISTS
2.1 Contractor will be provided with a list of registered voters and individuals
with drivers' licenses ("potential jurors") by Brazos County Jury Services
for each mailing.
2.2 Contractor shall process the list to ensure that all prospective jurors have
the most current correct address by updating their provided addresses
through the United States Postal Service National Change of Address
(NCOA) and to filter out addresses with zip codes outside the voting
precincts of Brazos County. Contractor shall mail summonses to this
processed and filtered list.
3.0 USE OF JURY LISTS
3.1 Contractor shall be responsible for all preparation, printing, handling,
mailing in letter form, and postage of all jury summonses and any
additional inserts as required.
3.2 Contractor shall be provided on an ad hoc basis a list of potential jurors to
summon. The number of potential jurors provided with each batch will be
determined by Brazos County as needed.
3.3 Contractor shall process each batch as received and mail the summonses to
the potential jurors upon Brazos County's review and approval.
4.0 PREPARATION AND DELIVERY OF JURY SUMMONSES
4.1 Contractor shall laser imprint and mail Jury Summonses in the form
determined by the County.
4.2 Currently on an 8-1/2" by 11" paper, Contractor shall print variable data on
one side and static data on the backside. The pieces then are folded and
stuffed into Contractor provided #10 envelopes and mailed.
; /
Vol 113pzy;:
4.3 Jury Summons. Contractor shall comply with all Texas statutes and/or
directives given by Brazos County Jury Services or Brazos County District
Clerk.
4.3.1 Contractor shall simplex laser imprint static text as provided by
Brazos County on the back page of the summons on uncoated 20#
paper. The front page of the summons shall be printed in variable
data. The Contractor will merge the list of potential jurors using a
template provided by Brazos County. Contractor will provide a
live, representative data sample to Brazos County Jury Services for
approval prior to the printing of each batch. Additionally,
Contractor will fold, seal, and insert individual units to meet U.S.
Postal Service automated specifications. Contractor will sort the
mail for maximum postage discounts and deliver the mail to the
USPS. Contractor must be able to accept the data via the following
methods:
Internet (email, FTP, or similar)
CD-ROM
4.3.2 Contractor will respond with a data file representing the outcome of
each record: whether the summons was mailed, where the summons
was mailed (if the address was updated via NCOA), and related
information.
4.3.3 Contractor shall simplex laser print single-window #10 envelopes
with return address information and a notice in red as provided in
design by Brazos County.
4.3.4 Contractor must have secure computer terminals and the ability to
read the necessary computer software as instructed by the County
(without charge). Contractor will update addresses with the
National Change of Address (NCOA) data. Contractor will CASS
certify, and apply Postnet Zip-plus-4 barcoding. Contractor must
maintain a supply of summons stock and envelopes at its location.
Reprinting stock requires the County's prior approval.
4.4 Information contained on the summonses may include:
4.4.1 Juror Number,
4.4.2 Name and Address,
4.4.3 Online login and appearance details,
VOLI~, FAGE , 5
4.4.4 Explanation of the citizen's rights and eligibility requirements,
4.4.5 Explanation of rules governing exemption and disqualification,
4.4.6 Contact information,
4.4.7 Code three (3) of nine (9) bar code (black laser ink).
5.0 TECHNICAL AND OTHER REQUIREMENTS
The Contractor shall ensure that the Jury System accommodates the following
technology requirements.
5.1 Juror data files provided by Brazos County to the Contractor will be in a
fixed-width or delimited file (such as a CSV). The data response indicating
whether each record was summoned and containing the updated addresses
shall be returned by the Contractor to Brazos County in the same file type.
5.2 If required by the circumstances, all . data shall be accessible to all
authorized court and Contractor staff, and shall be protected from access by
any unauthorized individuals.
5.3 The Contractor is hereby constrained by the Brazos County from selling or
conveying any juror data to any entity other than the Brazos County or
District courts, with the exception of any statutory requirements (e.g., open
records requests).
VOL,LA3 SSE 5(~
EXHIBIT "C"
FEES AND COSTS
BRAZOS COUNTY
PRINTING & MAILING JURY SUMMONSES SERVICE & PAPER SUPPLIES
IMS offers agreements from 12 to 36 months during which time we guarantee our service
prices will not be Increased. Should you want a 36 month agreement, your service prices would
be protected until June, 2012. Prices for paper Items are firm for one year from the
commencement date of an agreement.
JURY WHEEL PROGRAMMING 1
One Time Flat Rage Charge l $190.00
We have reviewed the sample jury pool address data file sent to us by Mr. Ian Scares
in your Information Technology Department: We determined we can use the data in
that file in its current format. Therefore, we would only need to do two hours of
programming, which would Integrate the data in the data file into a'print file' format.
We would also need to program a routine that will allow us to give back to you a list of
addresses that were changed as a result of processing your mailing addresses
through our CASS & PAVE and 18 Month NCOA program. We would flat rate these
two programming jobs at a total of $190.00. Should you request other
programming in the future, our programming rate is $95.00 per hour.
PRINTING AND SERVICES
Volume
Per Charge Extended
Item Per Month Per Item Total
Laser Images: Print variable data and all static
content In black toner on one side of a preprinted
farm, which Is described below In the paper
su lies" table. Assume 1,042 per week. Summons 4,167 $0.035 $145.85
File Processln Summons 4,167 $0.010 $41.67
CASS & PAVE: Address and mail certification and
presorting to provide the lowest presort rate offered
b the USPS Address 4,167 $0.025 $104.18
.
Foldin : Auto fold each summons prior to Inserting, Summons 4,167 $0.010 $41.67
Inserting: Auto Insert the summons in a No. 10
envelope. Summons 4,167 $0.010 $41.67
Total Monthly Services & av . ear piece) 4167 $0.090 $375.03
Minimum Billing Rate: Please note that there is a minimum billing charge of $50.00 per
mailing, which would equal a mailing or 555 places of mail or less.
2
~L
Vol I2~3'~~~1GE_G,
BRAZOS COUNTY
PAPER SUPPLIES
Paper supplies are purchased In advance of their use. They are kept in an environmentally
controlled warehouse at IMS and used as required. IMS would notify Brazos County when the
supply needs to be replenished. These prices are guaranteed for one year from the
commencement dale of an agreement.
The following Is an estimated of the total paper supplies needed for six months.
Volume
Per Six Charge Extended
Item Per Months Per Item Total
Jury Summons Form: Offset print sta8c content Jury
_ and form in black Ink on 8.5'x11", 20#, while bond Summons
paper, Offset rinted back side and red 011. Form 25 000 $0.018 $450.00
Envelope: Standard No. 10, single window (or
double window) white envelope, diagonal seam,
Flexo printed on one side. Print two colors (red
and black on the front of the envelo e. Envelope 25,000 $0.0295 $737.50
Total Monthly Services 8 avg. per p lece$0.0475 $1,187.50
NOTE ABOUT ENVELOPES
We prefer to use the double window #10 envelopes with an Inside security tint since we always
keep them in stock for our customers. The following Image is an example of the double window
#10 envelope we always keep In stock.
In addition to the Indica mark on the front, IMS would print in red ink the text provided by the
County on the front of each envelope. Therefore, the envelopes would have two colors, red and
black, on the front.
FIRM r
vxll:~t~iyi<:L`yi'~_i{}ii.~.S<ft:^i+' LA,
91
3
V 1 a3 Z aaE 58-
BRAZOS COUNTY
RETURN NCOA ADDRESS FILE
RETURN AN ADDRESS FILE TO BRAZOS COUNTY
of
NCOA CORRECTED ADDRESSES
IMS will process all addresses through the National Change of Address (NCOA) system
managed by the United States Postal System (LISPS). THE USPS provides address
correction programs going back either 18 months or 48 months. IMS will process the
addresses through the 18 month correction program for no additional charge. Although,
should Brazos County require IMS to return a file to the County, which includes all
addresses that were changed in the NCOA process, there would be a charge of
$0.0100 per address for all addresses processed. The following Is an example of the
charges to produce and return an address file for a typical month.
Monthly Extended
NCOA Charge Total ForA
Addresses Per Monthly
Item Per Processed Address File
NCOA Addressing Correction: It is suggest that
Brazos County NCOA process its jury pool address
database minimally at least once per year, although,
so customers process the data every 95 days. The
USPS updates their NCOA database eve 90 days. Address 4,167 $0.0100 $41.67
4
VULI PAWUE J~ /
-42
i
BRAZOS COUNTY
ESTIAMTED POSTAGE
POSTAGE
Postage is paid in advance of mailing. The following is an estimate for the typical month.
Volume
Per Charge Extended
Item Per Month Per Item Total
Estimated Postage: It Is expected that most pieces
will weigh one ounce or less and be malled Into
Brazos County from San Antonio, TX: The lowest
presort rate available when using CASS & PAVE
processing Is about $0.348, although, for this
estimate we estimate an overall rate of $0.355 per
piece. Note: First Class Postage Just Increased by
$0.020 per ounce beginning May 11, 2009. The cost One
per piece for pieces that do not quality for presort Ounce
rates is the full rate of $0.440 each. Mail Piece 4,167 $0,3550 $1,479.29
5
Vol Whff -~O
SERVICE PROVIDER AGREEMENT
BETWEEN THE BRAZOS COUNTY JUVENILE SERVICES v
AND LESLIE BLIZZARD
This Agreement is entered into between the Brazos County Juvenile
Services, (hereafter referred to as BCJS or Juvenile Services) and Leslie Blizzard
(hereafter referred to as Service Provider).
Purpose
The purpose of this Agreement is to set terms, conditions and fees for
Service Provider to conduct Court Ordered Psychological Sexual Evaluations on
juveniles that have been referred to the Juvenile Court Such evaluations may
only be done by a licensed counselor with a current certification as a Licensed
Sex Offender Treatment Provider.
TERM
The term of this Agreement is for twelve (12) months, commencing
September 1, 2009 through August 31, 2010. BCJS may terminate this
Agreement immediately in the event the Service Provider substantially or
materially breaches the Agreement. The Service Provider shall be paid for work
satisfactorily completed prior to the date of termination.
RESPONSIBILITIES OF THE BRAzOS COUNTY JUVENILE SERVICES
1. BCJS shall notify Service Provider that a juvenile has been ordered an
evaluation.
2. BCJS shall send Service Provider all pertinent information needed in
order to conduct an evaluation.
3. BCJS shall provide Service Provider space at BCJS in order to conduct the
evaluation.
RESPONSIBILITIES OF SERVICE PROVIDER
1. Service Provider shall complete and submit written evaluation report,
to BCJS, report no later than thirty (30) days after original notice.
2. In the event Service Provider is unable to fulfill the thirty day evaluation
1
V00 A3 PAGE
completion time line a written explanation shall be provided to BCJS from
the Service Provider detailing the reason(s).
3. Service Provider shall remain current and in good standing with all
applicable licensing agencies and immediately report to BCJS any
applicable licenses suspensions, cancellations or terminations.
4. Service Provider shall submit current copies of applicable license to BCJS.
FUNDING
1. BCJS agrees to pay Service Provider the amount of $350.00 for each
completed evaluation received.
2. Service Provider shall not charge parents/ guardians of the juvenile for
any services rendered.
3. Invoices shall be submitted to;
Brazos County Juvenile Services Attn: Collin Coker
1904 West Highway 21
Bryan, Texas 77803
4. Invoice submitted by Service Provider shall contain the name of the
juvenile that received service.
MAINTENANCE AND ACCESSIBILITY OF RECORDS
The Service Provider shall maintain for a minimum of seven (7) years past
the last date on which service was given or until the juvenile's 21st birthday,
whichever occurs later, pursuant to Texas State Records Retention Schedule
Rule 4125-05 and/or Title 22 Texas Administrative Code Part 9, Chapter 165.
Service Provider agrees to make books, records and supporting documentation
relevant to this Agreement available to authorized BCJS representatives,
auditors, and any other person as may be authorized by the BCJS or by the
State of Texas or Federal statute. The Service Provider will cooperate fully in
any such audit.
Failure to maintain books, records and supporting documentation shall
establish a presumption in favor of the BCJS and the County for the recovery of
any funds paid by BCJS, Brazos County or the State under this Agreement for
2
VOLM PAGE-- fp01
which adequate books, records and supporting documentation are not available
to support disbursement.
RIGHT OF AUDIT AND MONITORING
BCJS shall monitor the Service Provider's conduct under this Agreement which
may include, but shall not be limited to, reviewing records of program
performance in accordance with Administrative rules, license status review,
fiscal and audit review, Agreement compliance and compliance with affirmative
action requirements of this Agreement.
BCJS may request, and Service Provider will supply, upon request, necessary
information and documentation regarding transactions constituting contractual
(whether a written contract is in existence or not) or other relationships, paid for
with funds received hereunder. Documentation may include, but is not limited
to, information regarding Service Provider's contractual agreements, identity of
employees, shareholders and directors of Service Provider and any party
providing services which will or may be paid for with funds received hereunder,
including, but not limited to, management and consulting services rendered to
Service Provider.
INDEPENDENT CONTRACTOR
The Service Provider is an independent contractor under this Agreement and
neither the Provider nor any employee or agent of the Provider is an employee of
BCJS and does not acquire any employment rights with the BCJA or the County
of Brazos by virtue of this Agreement. The Service Provider will provide the
agreed services and achieve the specified results free from the direction or
control of the BCJS as to the means and methods of performance. The Service
Provider will be required to provide his or her own equipment and supplies
necessary to conduct business-, provided that in the event for its convenience or
otherwise the BCJS makes any such equipment and/or supplies available to the
Service Provider, the Provider's use of such equipment or supplies provided by
the BCJS pursuant to this Agreement shall be strictly limited to official BCJS or
Brazos County business and not for any other purpose, including any personal
benefit or gain.
Juvenile Services assumes no liability for actions of the Service Provider
under this Agreement, including, but not limited to, the negligent acts and
omissions of Service Provider's agents, employees and subcontractors in their
performance of the Service Provider's duties as described under this Agreement.
The Provider agrees to hold harmless Juvenile Services and Brazos County
against any and all liability, loss, damage, cost or expenses, including attorney's
3
vc• /-PAGE.-&3
fees, arising from the intentional torts, negligence or breach of contract of the
Service Provider, with the exception of acts performed in conformance with an
explicit, written directive of Juvenile Services.
The Service Provider may not subcontract any portion of this Agreement
nor delegate any duties hereunder without prior written approval by Juvenile
Services. In emergencies, the Service Provider will request approval in writing
within at least (24) twenty-four hours of the use of a subcontractor to fulfill any
obligations of this Agreement.
CONFIDENTIALITY
The Service Provider shall comply with applicable local, State and Federal
statutes, laws and regulations as well as Department administrative rules
regarding confidential records or other information obtained by the Service
Provider concerning persons served under this Agreement. The records and
information shall be protected by the Service Provider from unauthorized
disclosure.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.
The Service Provider certifies that it is in compliance with the Health
Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No.
104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C.
1320d-2 through 1320d-7, in that such Provider may not use or disclose
protected health information other than as permitted or required by law and
agrees to use appropriate safeguards to prevent use or disclosure of the protected
health information.
LICENSING
The Service Provider is required to maintain all applicable licenses,
permits or certifications. Copies of any applicable licenses are to be filed with
Brazos County.
MISCELLANEOUS
1. Either parties may terminate the Memorandum of Understanding by
giving a (30) thirty day written notice to the other party.
2. BCJS will exercise no right of control over Service Provider or its
4
Va143_PaUE ~Q~
employees. Service Provider agrees to protect, defend, indemnify and save
harmless BCJS against loss, damage, or expense by reason of any suits,
claims, demands, or judgments and causes of action caused or contributed
to any part by Service Provider, its agents, servants or employees arising
out of or in consequence of the performance of this agreement.
3. The provider understands that signing this agreement does not guarantee
any referrals from the Brazos County Juvenile Services Department.
4. This Agreement may be modified or amended at any time during its term
by mutual consent of the parties, expressed in writing, and signed by the
parties.
5. If any provision of this Agreement is declared invalid, its other provisions
shall not be affected thereby.
6. No failure of BCJS to assert any right or remedy hereunder will act as a
waiver of its right to assert such right or remedy at a later time nor
constitute a "course of business" upon which Service Provider may rely, for
the purpose of denial of such a right or remedy to Juvenile Services.
7. The Service Provider agrees to notify BCJS prior to issuing public
announcements or press releases concerning work done pursuant to this
Agreement, or funded in whole or in part by this Agreement, and to
cooperate with BCJS in joint or coordinated releases of information.
8. The Service Provider shall give 30 days prior written notice to the BCJS, if
there is a change in the Provider's legal status, federal employer
identification number (FEIN) or address. BCJS reserves the right to take
any and all appropriate action. The Provider agrees to hold harmless
BCJS for any acts or omissions by the BCJS resulting from the Service
Provider's failure to notify of these changes.
9. The Service Provider understands and agrees that this Agreement may
not be sold, assigned, or transferred in any manner, to include an
assignment of Service Provider's rights to receive payment hereunder, and
that any actual or attempted sale, assignment, or transfer without the
prior written approval of Juvenile Services shall render this Agreement
null, void, and of no further effect.
5
V61. I o133 AG'IL_ j0~
10.The Service Provider And Juvenile Services understand and agree that
this agreement constitutes the entire agreement between them and that
no promises, terms, or conditions not recited herein or incorporated herein
or referenced herein, including prior agreements or oral discussions, shall
be binding upon either the provider or the department.
EXECUTED this the day of 200X
Randy Si s, County Judge
Chairm n, Brazos County Juvenile Board
Dr. Doug Vance, Executive Director
Brazos County Juvenile Services
Leslie Blizzard, Licensed Professional Counselor
Licensed Sex Offender Treatment Provider
6
va'I i3 Pgye (o
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~It' Bll'SlC12SS~Qrtljrte ° citiBusiness.com ° citicards.com
smithbarney.com
User Agreement
The term "Citibank" used in this Agreement refers to Citibank, N.A. "Citibank" also means Citicorp Data
Systems Incorporated in its capacity as provider of account services for Citibank. The terms'Wu" and
"your' refer to the Citibank account owner or the owner's authorized representative(s) (each, a
"User")...
What This Agreement Covers
This Agreement between you and Citibank governs the use of CitiBusiness® Online, an electronic
banking and information service that permits authorized Users to access eligible bank accounts and
services through the Internet using personal computers.
Separate Account Agreements
The accounts and services which you operate or use through CitiBusiness Online are also governed
by separate agreements including, but not limited to, the CitiBusiness Client Manual and Master Cash
Management Agreement and supplements. From time to time, accounts and services provided by
organizations other than Citibank may be accessible by you through CitiBusiness Online. Those
accounts and services will be governed by separate agreements between you and the organization that
holds the accounts and provides the services.
User Materials
CitiBusiness Online services and the manner in which they will be provided are described within the
CitiBusiness Online Enrollment Form, the CitiBusiness Online Maintenance Form and CitiBusiness
Online Help (collectively, "User Materials'). The User Materials are an integral part of this Agreement.
Maintaining Accounts
In order to use CitiBusiness Online, you must maintain a CitiBusiness checking account. You may also
select other eligible accounts for access through CitiBusiness Online, including personal accounts
under limited circumstances. Accounts eligible for access through CitiBusiness Online are subject to
Citibank's approval. You agree to properly maintain these accounts, to comply with their specific terms
and conditions, and to pay any related fees. You agree that access to personal accounts is provided
for your convenience only and that you will maintain and use such accounts primarily for personal,
family or household purposes.
Transfers and Payments
You agree that you will give instructions through CitiBusiness Online to make transfers or payments
(including wire or cable transfers) from an account only when a sufficient balance is, or will be,
available in that account at the time of withdrawal. In addition to the information provided here, please
refer to any funds transfer agreement you may receive when you initiate such a request and to the
applicable account or service level agreement for additional terms and conditions. When you place an
order to transfer money, you authorize us to charge your account a service fee in accordance with our
fee schedule in effect at the time of your order. In placing your order, you must select a financial
institution ("beneficiary bank') to receive it. You may instruct the beneficiary bank to credit an account
or hold the funds for the beneficiary. The beneficiary bank is responsible for following your instructions
and letting the beneficiary know when the funds becor,~me avs ble. If you specify an account number to
credit, you are acknowledging three things: ff W PAGE 4, .
• You know that the beneficiary bank may credit an account based on that account number;
• The beneficiary bank is not obligated to verify that the account number belongs to the intended
beneficiary of the transfer, and
• Any losses resulting from an incorrect account number or other misidentification of the
beneficiary are your responsibility and not Citibank's.
You understand that Citibank will not act on your CitiBusiness Online withdrawal instructions if
sufficient funds are not available. Citibank strongly suggests that you give bill payment instructions at
least five business days in advance of the date you wish the payment to arrive at its destination.
Citibank cannot be responsible for postal delays or processing delays by the payee. Your payment
and/or transfer is deducted from your account on the date you instruct us to send it. You may call the
CitiBusiness Online Client Service number listed in this Agreement to confirm that a bill payment was
made in accordance with your instructions.
International Transfers. For funds transferred to beneficiaries and beneficiary banks in other
countries, we will normally convert the funds to the currency of the destination country, at the current
Citibank currency conversion rate. If you want the funds sent in U.S. dollars, we cannot guarantee
that the beneficiary will receive the funds in U.S. currency.
The local bank may charge a fee for currency conversion. The actual amount that the beneficiary
receives may be reduced by charges imposed by the beneficiary bank, including charges for
exchange of currency.
Fees imposed by the sending bank or by any correspondent bank, including Citibank, may reduce an
international transfer of funds into your account.
In addition, in the case of transfers into your account which are sent in foreign currencies, we will
convert the funds into U.S. dollars at the current Citibank, N.A. conversion rate. Citibank's
conversion rate for both outgoing and incoming foreign fund transfers includes a commission for the
conversion service.
You can cancel a future automatic transfer or payment from your account by using the electronic
functions described in the User Materials.
Electronic Instructions
When you use CitiBusiness Online to initiate a transfer of funds between your accounts or to a third
party, to make transfers or payments (including wire or cable transfers), to make a bill payment, to
borrow from or make a payment to your credit account, to apply for a new account or service, to
terminate a service, or change the way an account or service operates, you authorize Citibank to treat
your instructions through CitiBusiness Online as if they had been made in writing and signed by you.
When you instruct Citibank to transfer funds at regularly scheduled intervals in the future, you authorize
Citibank to treat each transfer as if separately authorized in writing and signed by you, and to withdraw
the funds from the account you designated.
Account Statements
You will receive a monthly account statement for your business transaction accounts and for any linked
personal accounts operated through CitiBusiness Online. Statements for personal accounts may be
sent on a quarterly basis if there has been no activity in these accounts for at least three months. We
do not send regular statements for passbook accounts, but we will send a special statement for
electronic transactions involving these accounts.
Security
CitiBusiness Online has been designed to minimize the possibility of fraud and error by placing the
issuance of the software, User Identification Number, and Passwords ("Codes' under the control of an
individual or individuals authorized by you (See "Authorizations," below). CitiBusiness Online has been
designed so that it may be operated only upon entry of valid Codes. You authorize Citibank to treat
any instruction made on CitiBusiness Online with valid Codes as if the instructions had been made in
writing and signed by the authorized User(s) to whom the Codes were issued. Unless there is
substantial evidence to the contrary, Citibank records will be conclusive regarding any access to, or
action taken through CitiBusiness Online. You are responsible for maintaining the confidentiality of the
Codes and you will not allow any person (including another authorized User) to use the Codes issued
to you. You accept responsibility for unauthorized acce to the system by your employees, your
.Ls
associates or by third parties. You agree~ o~p~~pjjyjq~ of any discrepancies that you
discover. Citibank will therefore considvtf _ s t}12R .Business Online system
through use of valid Codes to be duly authorized, and Citibank will carry out any instruction
given regardless of the identity of the individual who is actually operating the system. You
confirm that you have investigated the security measures employed by CitiBusiness Online and that
you have instituted the proper controls for access to CitiBusiness Online through your computers and
terminals. You confirm that the security system and controls are commercially reasonable and
appropriate for the account owner. When you place an order for a funds transfer (including a wire or
cable transfer), Citibank may follow a security procedure established for your protection that may entail
a telephone call or other required contact with or from you prior to acting upon your instructions. In
certain instances, Citibank may also decline to act upon your instructions. Citibank may employ other
controls to verify the identity of an authorized User as a condition to granting access including the
collection and use of data that authenticates an authorized User or an authorized Users computer.
You agree to these security procedures, and acknowledge that if contacted, either by telephone or
electronically, you will act or respond in compliance with requests resulting from these security
procedures and will be bound by any resulting transfer or decision not to act upon your instructions or
to deny access to persons purporting to be an authorized User.
Authorizations
You represent that each individual who has been issued the Codes and designated as an authorized
User has general authority from you to give instructions within the access capability associated with
such Codes (including general authority over the movement of your funds and over accounts with
Citibank) and that Citibank has full authorization from the account owner to rely and act upon
instructions identified by such Codes. You can manage the specific authority of each User and to
control access to and restrict transactions from accounts through the methods and functions described
in the User Materials. In the event of any conflict between the authority of a User (including the
entitlement to initiate and approve financial transactions on the account owner's behalf) as evidenced
in an account agreement, banking resolution, power of attomey or other means and that granted
through this User Agreement (including the User Materials), the terms of this User Agreement shall
have precedence. You acknowledge that each user must sign on at least once within each 365 day
period in order to retain an active status on CitiBusiness Online.
Monthly Fee
You agree that Citibank may charge a monthly fee for the CitiBusiness Online service. The fee will be
automatically deducted from your primary CitiBusiness Checking account. Should sufficient funds not
be available in this account when payment is due, Citibank reserves the right to deduct the amount of
the fee from any other account you maintain at Citibank.
Confidentiality at Citibank
You have a right to confidentiality and we will not give anyone other than our employees, agents and
affiliates and subsidiaries of Citigroup specific information about your Citibank accounts except:
• When you agree that we can give out the information;
• When you have given Citibank as a credit reference;
• When an inquiry is made regarding a check you have written;
• If we close your account because it has been maintained in an unsatisfactory manner;
• When we are required or permitted by law. For example, we are required to report to the
Internal Revenue Service when we become aware of currency transactions totaling more than
$10,000 in one day;
• When we must give out the information to comply with legal process.
Because our statements may include information about linked accounts belonging to more than one
individual and your accounts with other Citigroup affiliates, statements released under a subpoena may
contain information regarding these other persons and accounts. For additional privacy policy
information, click on the Citigroup Privacy Promise.
You understand that Citibank may record client telephone service inquiries and collect client account
data to learn more about client usage patterns and the overall effectiveness of CitiBusiness Online.
The data will be kept in strict confidence at all times and will not be used when reviewing requests for
additional services. Citibank will not disclose the data to anyone other than its agents or other
Citigroup affiliates, except as provided above. Calls may also be monitored to ensure service quality.
Communications Link _
VOLN3 PAGE
(o~J
It is your responsibility to obtain and maintain your communications link with Citibank, and to ensure
that your use of such communications link is in compliance with applicable law, including any
requirements of telecommunications authorities.
Website Links
THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD
PARTIES (NON-AFFILIATES OF CITIBANK). CITIBANK HEREBY DISCLAIMS LIABILITY FOR
ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY
OF THE THIRD PARTY SITES LINKED TO THIS WEB SITE, BY CREATING A LINK TO A THIRD
PARTY WEB SITE. CITIBANK DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR
SERVICES OFFERED OR INFORMATION CONTAINED AT THESE WEB SITES, NOR IS CITIBANK
LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT
THOSE SITES. SUCH THIRD PARTY MAY ALSO HAVE A PRIVACY POLICY DIFFERENT FROM
THAT OF CITIBANK AND THEIR THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY
THAN THE CITIBANK SITE.
Limit of Citibank Responsibility
Citibank agrees to make every reasonable effort to ensure full performance of the CitiBusiness Online
system and, on a timely basis, to resolve disputes that may arise. Citibank will be responsible for
acting only on those instructions sent through CitiBusiness Online which are actually received, and
cannot assume responsibility for malfunctions or capacity reductions in your equipment or in public
communications facilities not under Citibank's control that may affect the accuracy or timeliness of
messages you send. Citibank is not responsible should you incorrectly request a withdrawal or transfer
to be made. Citibank also cannot warrant the accuracy of any information provided on CitiBusiness
Online by an unaffiliated company. Citibank is not responsible for any loss, damage or injury caused
by CitiBusiness Online, nor is Citibank liable for any direct, indirect, special or consequential damages
arising in any way out of its use.
No Warranty
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS,
LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". CITIBANK DOES NOT
WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND
MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS. NO
WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM
COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
Special Provisions for Personal Accounts
The following boxed information applies only to personal accounts accessed and transacted upon
through CitiBusiness Online:
Electronic Fund Transfers
Many of the transactions available on CitiBusiness Online enable you to transfer to or from your
Citibank/Citigroup accounts and are called electronic fund transfers. When you initiate an
electronic fund transfer, you have certain rights and responsibilities under the law. Before you
complete your first banking transaction on CitiBusiness Online, you must read this section, which
explains your rights and responsibilities under the Electronic Fund Transfer Act.
Stolen CitiBusiness Online Passwords
Be sure to keep your personal identification code and password to yourself; this code is an
important means of protection for you. Don't write it on your PC or on any computer materials.
Contact us immediately if you think your passwords have been stolen. The telephone is the
VOLLd~a PNGE 50 .
fastest way to alert us that someone may be using your password without your permission. Call
CitiPhone Banking at the number provided in the CitiBusiness Online Client Service section of
this Agreement. Someone will be available to receive your call 24 hours a day. If you cannot
telephone, write us at the address provided in the CitiBusiness Online Client Service section.
Notifying Us Quickly Limits Your Responsibilfir
If you notify us within two business days after discovering your password is lost or stolen, you will
not be held responsible for any unauthorized transfers or withdrawals over $50, providing fraud is
not involved. We consider Saturday, Sunday and Monday as one business day and State and
Federal holidays as part of the business day, which follows the holiday. If you do not contact us
within two business days, we can hold you responsible for an unauthorized withdrawal if it
occurred between the end of the two-business-day notice period and the time you actually
notified us, and if the withdrawal could have been prevented if we had been notified before it
occurred. Naturally, we'll extend the two-business-day notice period if a good reason such as a
long trip or hospital stay prevented you from contacting us. In any event, your maximum liability
for such unauthorized withdrawals is $500.
Errors and Problem Resolution Procedures
If you think there has been an error in an electronic transaction, contact us as soon as possible.
You can write or call (see the CitiBusiness Online Client Service section of this Agreement for the
address and phone numbers). To assist you, our Financial Associates will need to know:
• Your name and account number
• The dollar amount of the suspected error
• The type, time and date of the transaction
• Why you believe there was an error
We will research every problem, and we will resolve each problem as quickly as possible. As
soon as you contact us, we will start our research.
Errors on Your Monthly Statement
In case of errors or questions about your electronic transfers, telephone us at
1800-285-1709
or write us at:
Online Services
Citicorp Data Systems Incorporated
100 Citibank Drive
San Antonio, TX 78245-9989
as soon as you can, if you think your statement or receipt is wrong or if you need more
information about a transfer listed on the statement or receipt. We must hear from you no later
than 60 days after we sent the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number (if any).
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can
why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within
10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and
will correct any error promptly. If we need more time, however, we may take up to 45 days to
investigate your complaint or question. If we decide to do this, we will credit your account within
10 business days for the amount you think is in error, so that you will have the use of the money
during the time it takes us to complete our investigation. If we ask you to put your complaint or
question in writing and we do not receive it within 10 business days, we may not credit your
account.
We will tell you the results within three business days after completinc our investigation. If we
VOLIA3 PAGE-7/"'
decide that there was no error, we will send you a written explanation. You may ask for copies of
the documents that we used in our investigation.
Our Responsibility to You
We will be responsible for your actual losses if they were directly caused by our failure to:
• Complete a transaction as you requested
• Complete a transaction for the amount you requested
• Cancel an automatic transfer as you requested
However, we will not be responsible for your losses if:
• Through no fault of ours, you did not have enough money in your account to make the
transaction
• Through no fault of ours, the transaction would have caused you to exceed your available
credit
• The money in your account was attached, subject to legal process, or was blocked in
some other way
• You knew there was a technical malfunction in CitiBusiness Online and you used it
anyway
• You were trying to defraud us
• Circumstances beyond our control, or a natural disaster such as a flood or fire, prevented
the transaction from taking effect.
Exclusive Use
The CitiBusiness Online service is furnished for your exclusive use to access and manage eligible
accounts on behalf of the account owner. You agree that you will not sell, assign or transfer this
Agreement or any materials furnished to you in connection with it.
Changes in Terms
Citibank may change the terms of this Agreement at any time. Citibank may also add, discontinue or
modify services, and change procedures and fees at any time. Citibank will notify you in advance of
such changes, by mail or by electronic message or notification through CitiBusiness Online.
Cancellation
This Agreement will remain in effect until you or Citibank terminate it You understand that
you may cancel this Agreement at any time by notifying Citibank of your intent to cancel
through the electronic message feature or in writing. You understand that this cancellation
applies only to CitiBusiness Online and will not affect your Citibank accounts. Citibank may
cancel this Agreement or terminate your use of CitiBusiness Online, for any reason, at any
time. Cancellation will not affect the applicability of this Agreement to transactions and
events occurring prior to termination.
Client Service
If you have a dispute with Citibank over the CitiBusiness Online service, if you need help in resolving
an error, or you need to report a security problem, you should immediately telephone CitiBusiness
Online Client Service at 1-800-285-1709, TDD access for the speech or hearing impaired at
1-800-788-0002 or write:
Online Services
Citicorp Data Systems Incorporated
100 Citibank Drive
San Antonio, Texas 78245-9989 VOl 03 _PAGE 19,
-
CitiBusiness Online Client Service can help resolve your CitiBusiness Online problem or provide
information about Citibank services, but CitiBusiness Online Client Service is not authorized to waive,
• modify or amend any provision of this Agreement.
Business Days
Our normal business days are Monday through Friday, except for bank holidays. Saturday, Sunday
and Monday are considered one business day. Bank holidays are considered part of the following
business day.
Severability
In the event that any provision of this Agreement shall for any reason be held to be invalid, illegal or
unenforceable, the remaining provisions shall remain valid and enforceable.
Governing Law
This Agreement shall be governed by Federal laws and regulations. To the extent that such laws and
regulations do not apply, this Agreement shall be governed by and be construed in accordance with the
laws of the state in which the branch where your account(s) are domiciled or the law designated under
your loan agreement(s).
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Print
accept, :Decliri'e
Citibank, NA. Member FDIC.
v.dalOR verlslon WIDER
a.cnr•a s.euna Terms, conditions, caveats and small print
P: '~r~--~
Citi.com npjMS VERIFY r VERIFY- Copyright®2009 Ciligroup lnc.
APPROV D & fEVIED:~
R Sims, County Judge date
E 00F
Brazos County
Purchasing Department
oF Q r`200 S. TX. AVE., STE. 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
Pat Howard, Purchasing Agent Charles Wendt, Asst. Purchasing Agent
Leslie Williams, Senior Buyer Amanda Rutledge, Buyer
MEMORANDUM
To: Randy Sims, County Judge
Lloyd Wassermann, Commissioner Pct. 1
E. Duane Peters, Commissioner Pct. 2
G. Kenny Mallard,. Commissioner Pct. 3
Irma Cauley, Commissioner Pct. 4
From: Pat Howard, Purchasing Agent
Date: July 1, 2009
Re: Purchasing Policy Amendment
On June 19, 2009, Governor Rick Perry signed into law HB 987, raising the limit required
for competitive bids to $50,000. This amends section 262.023 (a) and various other sections
of the Local Government Code that govern County procurement. The Purchasing
Department respectfully requests that the Brazos County Purchasing Policy reflect these
same changes. The $25,000 limits for competitive sealed bids, proposals, and qualifications
would be increased to $50,000 following State of Texas law.
Thank you for your consideration of this request.
APPROVED:
Sims, County Judge date
e
Ran
VOLI23 5AGE '74
BRAZOSCOUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: July 7, 2009
ITEM: Request from Verizon Communications to construct (4) road bores for buried cable
installations in the right of way of Mesa Verde Drive, Pawnee Crossing and Tahoma Trail. Site is
located in Precinct 1.
SOURCE OF FUNDS: N/A
PRESENTATION:
REQUIREMENTS:
1) No work will be permitted between front slope and/or back slope.
2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility
easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line
and/or 2) in the case of a road bore, perpendicular to the right-of-way line.
3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to
do so and to remove all cleared brush, trees etc. from county right-of-way.
4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be
conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to
the office of the Brazos County Engineer.
5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control
Devices for Streets and Highways, published by the Texas Department of Transportation, and all other
State and Federal laws governing utility construction.
SUBMITTED BY: APPROVED BY:
Richard F. Vance, P.E. Commissi er Lloyd Wassermann
County Engineer Precinct 1
CC2009-036
This Request is Approve / De 'ed 0 by Commissioners' Court
Date:
Randy Sims ounty Judge
verI 00
Engineering & Planning
301 Industrial Blvd.
Bryan, TX 77803
June 16, 2009
Gary Arnold
Brazos County Engineering Office
County Engineer
2617 W. Hwy 21
Bryan, TX 77803
Dear Mr. Vance:
Subject: AGRMNTS 24 BURIED CABLE
Enclosed are Form ED-135 and a work location sketch showing the location of our
proposed road bores on County Roads in Brazos County at College Station, Texas.
This work is to be completed on Work Order 5416-3POAOPQ which is scheduled for
July 2009. If you have any questions concerning this work, please contact Richard
Wakllace at our office in Bryan, telephone 979-821-4752 within 15 days so that we may
explain of modify our proposal, otherwise, it is understood that this proposal is
approved.
Sin rely,
Brenda Vajdak
Supervisor - Network Engineer
BV:ec
Attachment
VOL JP AGE '7~
VERIZON COMMUNICATION Notice of
Line Installation
June 16, 2009
To The Commissioner's Court of Brazos County
ATTENTION COUNTY JUDGE:
Formal notice is hereby given that VERIZON COMMUNICATIONS will construct
a communication line within the right-of-way of a County Road in Brazos, County,
Texas as follows:
At the northeast corner of the intersection of Mesa Verde Drive
and Pawnee Crossing, road bores will be made west across
Pawnee Crossing and south across Mesa Verde Drive. At the
northeast corner of the junction of Pawnee Crossing and Tahoma
Trail, road bores will be made west across Pawnee Crossing and
south across Tahoma Trail.
The location and description of this line and associated appurtenances is
more fully shown by two (2) copies of drawings attached to this notice. The line
will be constructed and maintained on the County Road right-of-way in
accordance with governing laws.
Notwithstanding any other provision contained herein, it is expressly
understood that the tender of this notice by the Verizon Southwest Incorporated
does not constitute a waiver, surrender, abandonment or impairment of any
property rights, franchise, easement, license, authority, permission, privilege or
right now granted by law or may be granted in the future and any provision or
provisions so construed shall be null and void.
Construction of this line will begin on or after July 2009.
VER~IjZON COMMUNICQTION~ 5416-3POAOPO 1 1/
Brenda Vajdak ~fi~
Supervisor-Network Engineer i
301 Industrial Blvd. j f
Bryan, TX 77803 /r r
VOL a, _FGE 77
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