Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2009-09-15-6:00PM-REGULAR
l rY of 8¢ ?UUU HP I I P S: 03 a F 14, XUU1YCLtPKI BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 15 SEPTEMBER 2009 AT 6:00 P.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. hivocation and Pledge of Allegiance - Commissioner Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 - 23: 3. Budget Amendment 08/09 - 50.1 thru 50.7. 4. Persoraiel Change of Status. 5. Payment of Claims. 6. Proclamation 09-024 honoring Bishop Milton Charles Gooden, Sr. for his 80`h birthday celebration. 7. Proclamation 09-025 establishing 20 October 2009 as Hospice Brazos Valley Appreciation Day in Brazos County. 8. Appointment of Dr. Robert W. Brick to the Local Workforce Development Board as the Literacy representative; term of appointment is 10/15/2009 to 6/30/2012. 9. Permission to increase the beginning cash balance from $25.00/day to $50.00/day in both cash boxes located in the Justice of the Peace, Pct. 4 office. Office of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77803 • Fax: (979) 361-4503 uL Jd5 t,:..,4 ~oI / Commissioners Court Agenda 15 September 2009 Page 2 10. Proposed Brazos County Juror Reimbursement Policy. 11. Fiscal and Personnel Management Agreement with the Bryan/College Station Metropolitan Planning Organization's Policy Committee (MPO); term of this agreement is 10/01/2009 through 9/30/2010. 12. Renewal of the Service Agreement with Southwest Solutions Group for maintenance on the Spacesaver Storage System utilized by the Sheriff's Office; term of agreement is 10/01/2009 through 9/30/2010. 13. Permission to award RFP 2009-17 to NovuSolutions (DocuNav) for the agenda management software, and approval of the associated contract with NovuSolutions for this project. 14. Permission for Bryan Texas Utilities (BTU) to install a security light to illuminate the front door of the Brazos Center's shed, the dumpster and part of the grounds behind the landscape shed as a deterrent to vandalism, and approval of the associated Area Lighting Agreement with BTU. 15. Out of state travel request from the Bryan/College Station MPO for Linda LaSut to attend the 2009 Annual AMPO Conference in Savannah, Georgia on 27-30 October 2009. 16. Tax Refund Applications for the following: a. Jose Saul Castillo k. LSI Title Agency, Inc. b. AJ's Mobile Homes 1. Wesley Hall, Attorney at Law c. Guardian Healthcare Holdings m. Nathan L. Tatum & Barbara Tatum (2) d. Vanderbilt Mortgage n. Kenneth & Denise & Michael Meyer e. Frank Allen Ramsey o. Sandra K. Ford f. Central Mortgage Co. p. Darlene Court g. Peter K. Dunn, Jr. q. Marts M. Outlaw h. Rosie & Heather Jahnsen r. Michael A. Dunn i. Hal Harkey s. Wachovia Mortgage j. Konica Minolta Business Solutions 17. Purchase of two (2) MDT Laptops for vehicles used by the Brazos County Special Investigations Unit (requisition #00025779, 00025781, 00025782 and 00025784) for a total of $16,443.32; items will be purchased on state contract. 18. Permission to advertise Bid 2010-04, Asbestos Abatement of the Brazos County Courthouse, Phase I and II. 19. Capital Requisition in the amount of $20,567.00 to Caldwell Country, for the purchase of a Chevrolet 1500 Silverado for the Exposition Center. Commissioners Court Agenda 15 September 2009 Page 3 20. Permission to award Bid 09-0026 for fuel, as bid by Texas A&M University in conjunction with the City of Bryan, the City of College Station, Bryan ISD, College Station ISD and Brazos County, to Brenco Marketing 21. Payment Authorization in the amount of $360.00 to CCB Construction for the installation of a gas line for the expansion of the Brazos County Detention Center; a purchase order was not obtained in advance. 22. Payment Authorization in the amount of $296.64 to Standard Coffee Service for the purchase of tea for the Jail; a purchase order was not obtained in advance. 23. Payment Authorization in the amount of $1,573.00 to Lilly Dairy for food items ordered by Jail Administration; the amounts of the invoices exceeded the amount of the purchase order. 24. Announcement of interest items and possible future agenda topics. 25. Call for citizen input and/or concerns. 26. Agency / Board / Committee reports by Court members. 27. Adjourn LAS l03 Commissioners Court Agenda 15 September 2009 Page 4 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: I, 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 P1 Gc )C)'{ COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 15, 2009 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners Courtroom in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, September 15, 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, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The first matter before the Court was Budget Amendment #08/09-50.1 through 50.7, which would reallocate funds for Justice of the Peace, Precinct 3, Justice of the Peace, Precinct 4, County Auditor, Grant Fund: County Attorney CUDEP, Community Supervision Support; transfer funds from Contingency Vol 1 a5 Page Ibs Commissioners Court meeting September 15, 2009 2 to Court Support Costs (2). On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendments as submitted, a copy of which is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7066068 through 7066323 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The County Judge read aloud a Proclamation honoring Bishop Milton Charles Gooden for the inspiration he has been to many young men and women, and his leadership in the Christian community since being ordained a minister in 1951. The Court joins with the City of Bryan in extending sincere congratulations and best wishes on is 80th birthday celebration. On motion by Commissioner Cauley, seconded by Vol as Page Commissioners Court meeting September 15, 2009 3 Commissioner Mallard the Court moved to honor Bishop Gooden on his 80 birthday. The County Judge read aloud Proclamation #09-025 designating September 15, 2009 as Hospice Brazos Valley Appreciation Day. The Court encourages all citizens to join us in showing our gratitude and appreciation for their 20 years of dedication to caring for individuals suffering from life limiting illness, grief, and loss. On motion by Commissioner Cauley, seconded by Commissioner Peters the Court moved to proclaim the September 15, 2009 as "Hospice Brazos Valley Appreciation Day" throughout Brazos County. The next matter before the Court was the appointment of an individual to serve on the Local Workforce Development Board as the Literacy representative. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to appoint Dr. Robert W. Brick to serve on the Local Workforce Development Board beginning October 15, 2009 through June 30, 2012. The next matter before the Court was consideration of a request from Colleen Batchelor, Justice of the Peace, Precinct 4 for permission to increase the beginning cash balance from $25 per day to $50.00 per day in both cash boxes located in the Justice of the Peace, Precinct 4 office. On motion by Vol jam Page 107 Commissioners Court meeting September 15, 2009 4 Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered the proposed Brazos County Juror Reimbursement Policy. The form will be approved on a future agenda. Commissioner Mallard asked the District Clerk if he and the Treasurer had agreed. Mr. Hamlin stated they had and explained the changes to the policy. Commissioner Peters asked Tina Snelling County Attorney-Civil Division if we can now believe that it is legal to have the District Clerk handle this. Ms. Snelling said yes. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the proposed Brazos County Juror Reimbursement Policy. A copy is attached. The next matter before the Court was consideration of the Fiscal and Personnel Management Agreement with the Bryan/College Station Metropolitan Planning Organization's Policy Committee (MPO). The county will provide fiscal and personnel management assistance to the MPO by acting as the financial disbursing agent for MPO funds. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the agreement. A copy is attached. The Court next considered the renewal of the agreement Vol 1d5 Page In 8 Commissioners Court meeting September 15, 2009 5 with Southwest Solutions Group for maintenance and service on the Spacesaver Storage System used by the Sheriff's office. Term of the Agreement is from October 1, 2009 through September 30, 2010 at a cost of $1,338.46. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to renew the agreement with Southwest Solutions Group. A copy is attached. The Court next considered awarding RFP No. 2009-17, Agenda Management Software. Leslie Williams, Senior Buyer, Purchasing Agent, recommended acceptance of the RFP submitted by NovuSolutions (DocuNav). On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Senior Buyer and award the contract to NovuSolutions. A copy of the Agreement bid tabulation is attached. The next matter before the Court was consideration of a request from Bryan Texas Utilities (BTU) to install a security light to illuminate the front door of the Brazos Center's shed, the dumpster and part of the grounds behind the landscape shed as a deterrent to vandalism, and approval of the Associated Area Lighting Agreement with BTU. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request and the Associated Lighting Vol I a5 Page 1651 Commissioners Court meeting September 15, 2009 6 Agreement with BTU. A copy is attached. The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Organization (MPO) seeking approval for out of state travel for Linda LaSut, Director of the MPO to Savannah, Georgia October 27 through October 30, 2009 to attend the 2009 Annual AMPO Conference. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Metropolitan Planning Organization and approved payment of out of state travel expense for Ms. Linda LaSut. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Jose Saul Castillo, Over Payment $7.50 b) AJ's Mobile Homes, Over Payment $27.34 c) Guardian Healthcare Holdings, over payment $60.17 d) Vanderbilt Mortgage, over payment $181.37 e) Frank Allen Ramsey, over payment $7.50 f) Central Mortgage Co., over payment $3,505.78 g) Peter K. Dunn, Jr., over payment $33.48 h) Rosie & Heather Jahnsen, over payment $12.65 i) Hal Harkey, over payment $17.85 j) Konica Minolta Business Solutions, over payment $21.06 k) LSI Title Agency, Inc., over payment $234.38 1) Wesley Hall, Attorney at Law, over payment $50.00 m) Nathan L. Tatum & Barbara Tatum, over payment $11.35, $10.31 n) Kenneth & Denise & Michael Meyer, over payment $8.03 o) Sandra K. Ford, over payment $8.76 p) Darlene Court, over payment $27.61 q) Mavis M. Outlaw, over payment $607.65 r) Michael A. Dunn, over payment $11.32 Vol 1-)6 Page 1► c> Commissioners Court meeting September 15, 2009 7 s) Wachovia mortgage, over payment $1,800.96 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of requisitions 00025779, 00025781, 00025782, 00025784 to purchase two (2) MDT Laptops for two (2) vehicles that are used by the Brazos County Special Investigations Unit. The total cost of the MDT's is $16,443.32. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisitions. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2010-4, Asbestos Abatement of the Brazos County Courthouse, Phases I and II. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Asbestos Abatement. The Court next considered approval of a requisition in the amount of $20,567.00 to Caldwell Country for the purchase of a new Chevrolet 1500 Silverado for the Exposition Center. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered awarding Bid No. 2009-0026, Vol I Q-5 Page I I I Commissioners Court meeting September 15, 2009. 8 Fuel. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Brenco Marketing. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Brenco Marketing. A copy of the bid tabulation is attached. The next matter before the Court was consideration of a payment authorization in the amount of $360.00 to CCB Construction covering the installation of a gas line for the expansion of the Brazos County Detention Center. No purchase order was obtained in advance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization in the amount of $296.64 to Standard Coffee Service for the purchase of tea for the jail. No purchase order was obtain in advance. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the requisition. The next matter before the Court was consideration of a payment authorization in the amount of $1,573.00 to Lilly Dairy for the purchase of dairy products for the jail. Invoices exceeded original purchase order. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted Vol 105 Page 11 a Commissioners Court meeting September 15, 2009 9 unanimously to approve the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard a. There will be a High Speed Rail conference at the City of College Station around September 25, 2009. Under no citizen input and/or concerns the following spoke: Clyde Collins, Chief Deputy a. There are 497 inmates in the County Jail, 54 are housed out of the country, 61 are on electronic monitoring and 30 are pending for monitoring. There were no Agency/Board/Committee reports by Court There being no further business to come before the Court, the meeting was adjourned. Vol l~ Page 113 The foregoing minutes of the Commissioners Court meeting held September 15, 2009 have been examined and are approved in open Court this the a2-7f~- day of p} 2009, in Bryan, Brazos Co nty, xas. Randy Siq~d Lloyd W ssermann County udge Commissioner, Precinct 1 Duane Peters Kenny Mall "id Commissioner, Precinct 2 Commissioner, Precinct 3 rma Cauley Commissioner, r cinct 4 Attest: ~A Karen McQueen County Clerk Vol I Q5 Page 1 I BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2009 Name Organization / Department D. 0 OP. Chn G 2uS Cu. 0 f PAGE of BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 50.1 thru 50.7 On this the 15th day of September 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 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 15 September 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 15th day of September 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 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 50.1 9/15/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 1,100.00 0100 24301100 61880000 DR Utilities 1,100.00 Justice of the Peace Pct, #3 To reallocate funds to allow for the payment of utilities for the remainder of the fiscal year. Abelt!pproval ~x. Dated ,PreparedBy Dade"y 91312009•. ~1'Vx~ xcmr ei i.~, ~=3l=~tY"'m .nx~u..ar+ r x DEN3 .i..,e ;County Jud APAoval~bate"' VOL IA5 PAGE I ~ 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 50.2 9/15/2009 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 5,530.00 0100 24401100 51610000 DR Hourly- Staff 4,030.00 0100 24401 100 51940000 DR Compensated leave Pay 1,500.00 Justice of the Peace Pct. #4 : Batchelor To reallocate funds to allow for the payment of utilities for the remainder of the fiscal year. MIMI z'NOR M. ^s D partmeni Apf?rovai,"Date, r ~ifj3 rip M7 Date,„+5.,,~~,lk~"`w'913I2009 I g, i f m ....i=7x x;Y fan yy, CountyJucig pp oval r :02t -9 ate ~ r s'JL_L~5_';'.GE ll8 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 50.3 9/15/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 16000100 61110000 CR Conference and Seminars 1,300.00 0100 16000100 67203000 DR Minor Computer Hardware 1,300.00 County Auditor To reallocate funds to allow for the purchase of an additional laptop for office use. G fi"t k~ r r $'y 2ary, .a•, 4 y s -a-r 'r agg r X.,,. xx.:; .r..,t .tr.='.; s ~r+r,:. a+.. is •tu '27' ~'...-..i De artment A nroGal is n tix Dat e*~ ° ' "aYc_t- +t~ iF .2^_^rEa' ,mDa *}*"Ta9v' "aaype A a?Em"Y~z#1 n ~.e rc` ,fr•e ared B E wr rf ~~Date,~~,",r~9110/2009, ~}$n~. np...'®ke.T ~_~x„2'4 ~..'F$~°✓i4i.;x3'?~.5t 3.ti F .:t~,e"`. n "1'a'.X'• '~3 Y ~ t 51Y .9 T ~~,C` th'., d ~ ,..._-"`b 't•`y.~`"~/.»:yx"i,~s'F„c ~x+ti.'~~,.,.f x~ 91,"6?d;.A'~., u; BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 50.4 9115/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3000 183100 60600000 CR Office Supplies 300.00 3000 183100 67281000 DR Equipment - Electronic 300.00 Grant Fund: County Attorney CUDEP To reallocate funds to allow for the purchase of a MDVR 15 High resolution micro DVR with button camera for use during underconver minor stings. Funding is provided by Texas Department of Transportation Comprehensive Underage Drinking Enforcement Program. ~ r ~.t '~~~,:.6- r ~Z s`'~ 2h' r~',~i? ~i..t'ar''~'°k~`~~J '~~2 bepartment~RAPProvalz^z 5 ate. P Prepared •By ~ iFe 0/2 0 0 91 iC'OUnt'~~JU e~A. rOVaI" ~~+1~~' "F~~~3'=•~"~~1~8tett~°'"",ul'°f"`" ~'F+'`' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 50.5 9/15/2009 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61 130000 CR Contingency - General Fund 1,806.00 0100 11010000 80455000 DR Leasehold Improvements 1,806.00 General Fund Contingency and Court Support Costs To reallocate funds to allow for the purchase and installation of a awning sign of the Brazos Valley Family Court Annex. R-M SEEN- ~Depa,,,meatA' P, yqual Date? „ T s Prepared By~~~^ Ivij° Yn x v C. ~'3 d ky , Date + ~ ~ X5110/2009? BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 50.6 911512009 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 183100 51620000 DR Hourly - Overtime 2,000.00 0100 183100 53200000 CR Retirement 2,000.00 General Fund Contingency and Court Support Costs To reallocate funds to allow for the payment to peace officers out of the correct account. ~x^ ` ~'xt-~*?kn`~~+n.k~'~0 t x4,k, •bl~"F' s°^ti ig L ~ -~x r ~Pfepared By s r f ' ith :91J-0/200 R~N "kir Date~ C;ountyJu` eApproval~ F2 IN: ,EM BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 50.7 9/15/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 26001000 60360000 CR Furniture 2,000.00 0100 26001000 67203000 DR Minor Computer Hardware 2,000.00 Community Supervision Support To reallocate funds to allow for the purchase of a computer projector system. R ~'Rmrmml R", 0'' Xx 7. NO. Onlm;u . t s T=om w D'e artmenA royal"'~~~4 `Date'' Rrvp ra df®y-M tf# Date ~ *a'9lrioi os os~ rasp W xCounty`Judg , pPovalfTs a Datew^" :~aL )a5~M4t~E PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 15, 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 County Attorney Marshall, Lauren New Hire SO/Jail Ramos, Roberto Resignation Tax Office Surdarki-Hanks, Cheryl Resignation Approved in Commissioners' Court: September 15, 2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) V F. b~ ° Ia4 /D BRAZOS COUNTY JUROR REIMBURSEMENT POLICY 1 Requirements of the Brazos County Commissioners Court. 1.1 The Court shall determine the daily amount of reimbursement for expenses for a person who reports for jury service and discharges the person's duty. Government Code Sec. 61.001 REIMBURSEMENT OF EXPENSES OF JURORS AND PROSPECTIVE JURORS. (b) In preparing and approving the annual budget for a county, the commissioners court of the county shall determine the daily amount of reimbursement for expenses for a person who reports for jury service and discharges the person's duty. The amount of reimbursement for each day must be within the minimum and maximum amounts prescribed by this section and paid out of the jury fund of the county. 1.2 The Court shall consider for approval the method of payment adopted by the County Treasurer. Government Code Sec. 113.048 (b) A system or method of payment adopted by a county treasurer may be implemented only if it is approved by the commissioners court. 1.3 The Court will establish a budget for a Jury Reimbursement Clerk. The funds for the position will be established in the budgets of the District Clerk and the County Treasurer. The Clerk will be located in the main Courthouse in the Office of the District Clerk and, therefore, will be supervised by the District Clerk. 2 Requirements of the Jury Reimbursement Clerk. 2.1 The Clerk, as directed by the District Clerk and the County Treasurer, will initiate the distribution of the juror donation forms to those persons appearing for jury duty. Government Code. Sec. 61.003. DONATION OF REIMBURSEMENT. Each person who reports for jury service shall be personally provided a form letter that when signed by the person directs the county treasurer to donate all, or a specific amount designated by the person, of the person's daily reimbursement. 2.2 The Clerk will calculate the amount of the reimbursement due to each person who reports for jury service. Texas Code of Criminal Procedure. Article 104.001. JURY PAY AND EXPENSES FOR JURORS. (c) The county treasurer shall pay a juror the amount due the juror for expenses under this article after receiving a certificate from a clerk of a court or justice of the peace stating the amount due the juror. APPROVED IN COMMISSIONERS COURT PAGE 1 OF 3 2009-09-15 06 2.3 The Clerk, under the direction of the County Treasurer, will disburse to a person who reports for jury service and discharges the person's duty the daily amount of reimbursement for jury service expenses. Reimbursements shall be made with cash. Texas Local Government Code 113.048. DISBURSEMENT OF MONEY FOR JURY SERVICE. (a) Notwithstanding any other provision of this subchapter or other law to the contrary, a county treasurer may disburse to a person who reports for jury service and discharges the person's duty the daily amount of reimbursement for jury service expenses set by the commissioners court under Section 61.001, Government Code, by: (4) using any other method that the county treasurer and the commissioners court determine is secure, accurate, and cost-effective and that is convenient for persons who report for jury service. 2.4 The Clerk, as directed by Commissioners Court, will file a claim with the State Comptroller's Office for reimbursement of funds paid for jury service. Government Code Sec. 61.0015. REIMBURSEMENT TO COUNTY. (b) The commissioners court of a county entitled to reimbursement under this section may file a claim for reimbursement with the comptroller. 3 Requirements of the Brazos County Auditor. 3.1 The Auditor will establish the procedures for the system or method of juror reimbursement. Government Code Sec. 113.048. DISBURSEMENT OF MONEY FOR JURY SERVICE. (b) A system or method of payment adopted by a county treasurer under Subsection (a) may be implemented only if it is approved by the commissioners court and administered in accordance with the procedures established by the county auditor or the chief financial officer of a county that does not have an auditor. 3.2 The Auditor's Office will audit the cash for juror reimbursements during regular internal audits and may perform an unannounced audit of cash on hand at any given time. 3.3 The Auditor, after receiving juror donation information from the Clerk, will direct the Treasurer's Office to disburse the appropriate payments to the Brazos County Welfare Board, Crime Victims Compensation, and Scotty's House. Government Code. Sec. 61.003. DONATION OF REIMBURSEMENT. Each person who reports for jury service shall be personally provided a form letter that when signed by the person directs the county treasurer to donate all, or a specific amount designated by the person, of the person's daily reimbursement. 4 Requirements of the District Clerk. 4.1 The District Clerk will be jointly responsible with the County Treasurer for the supervision of the Jury-Reimbursement Clerk and APPROVED IN COMMISSIONERS COURT PAGE 2 OF 3 2009-09-15 for the implementation of the County Treasurer's procedures for juror payments, donations, and reimbursements. 5 Requirements of the County Treasurer. 5.1 The Treasurer shall be responsible for the disbursement of juror reimbursements. Local Government Code Sec. 113.048. DISBURSEMENT OF MONEY FOR JURY SERVICE. (a) Notwithstanding any other provision of this subchapter or other law to the contrary, a county treasurer may disburse to a person who reports for jury service and discharges the person's duty the daily amount of reimbursement for jury service expenses set by the commissioners court under Section 61.001, Government Code. 5.2 The Treasurer shall establish a Juror Reimbursement Policy. Local Government Code Sec. 113.048. DISBURSEMENT OF MONEY FOR JURY SERVICE. (b) A system or method of payment adopted by a county treasurer under Subsection (a) may be implemented only if it is approved by the commissioners court and administered in accordance with the procedures established by the county auditor. 5.3 The Treasurer, at the direction of the Auditor, will disburse the appropriate payments of juror donations to the Brazos County Welfare Board, Crime Victims Compensation, and Scotty's House. 5.4 The Treasurer will be responsible for issuing a 1099 to any juror whose service reimbursement exceeds $600.00. APPROVED: v Ra}~ y Sims, County Judge date APPROVED IN COMMISSIONERS COURT PAGE 3 OF 3 2009-09-15 VO W5 perm 147 Fiscal Agreement; APO & Brazos County 1 Effective: October 1, 2009 STATE OF TEXAS COUNTY OF BRAZOS FISCAL AND PERSONNEL MANAGEMENT AGREEMENT This agreement entered into by and between Brazos County, a political subdivision of the State of Texas, hereinafter referred to as the "County" and the Bryan-College Station Metropolitan Planning Organization's Policy Committee, hereinafter referred to as the "MPO", the designated Metropolitan Planning Organization (MPO) forthe Bryan-College Station Urban area, as authorized by 23 U.S.C.A. 134 as amended by Section 1203 of the Transportation Equity Act for the 2151 Century (TEA-21), in accordance with 23 CFR 450.334 in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. WITNESSETH WHEREAS, 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Section 1203 of the Transportation Equity Act for the 21st Century et seq. require that Metropolitan Planning Organizations, in cooperation with the department and transit agencies, address the major transportation issues in the metropolitan planning area; and WHEREAS, the MPO Policy Committee is the policy body that guides the local forum established pursuant to 23 U.S.C. Section 134, 49 U.S.C. Section 5301 and Section 1203 of the Transportation Equity Act for the 21"t Centuryet seq. with the responsibility for establishing overall transportation for, and taking the required approval actions as the Metropolitan Planning Organization, comprising those governmental agencies identified in the original designation agreement and those agencies or organizations subsequently added to the membership of the board; and WHEREAS, the Governor of Texas has designated Bryan-College Station Policy Committee as the MPO for the Bryan-College Station Urban area; and WHEREAS, MPO requests that the County act as the financial disbursing agentforall MPO funds; and WHEREAS, the County, as one of the parties to an Inter-local Agreement creating the MPO, has determined it is in the public interest to assist the MPO in securing and managing funds for transportation planning purposes in the local area; NOW, THEREFORE, the parties hereby agree as follows: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide fiscal and personnel management assistance to the MPO. VOL J0R5P` iE '08 Fiscol Agreement; MVO & Brazos County 2 Effective: October 1, 2009 ARTICLE It TERM 2.01 The term of this Agreement begins on October 1, 2009 and ends September 30, 2012 or sooner by mutual agreement by both parties. This is not to be construed as the term of employment for employees providing services to the MPO. See Section 4.07 and 4.08 of this contract. ARTICLE III DESCRIPTION OF SERVICES 3.01 The County agrees to provide fiscal and personnel management assistance to the MPO by acting as the financial disbursing agent for MPO funds, ARTICLE IV FISCAL MANAGEMENT & DISBURSEMENT 4.01 The County shall maintain one or more separate trust accounts underthe supervision of the County Auditor to carry out the requirements of this Agreement and is responsible only in the capacity of a trust officer for the funds involved. The County will be responsible for paying all invoices that complywith existing State statues, Countyfiscal policy, and the MPO's state approved and adopted procurement procedures on behalf of the MPO. Such invoices must have been properly approved and documented, and the County should have resources on hand to make full payment. The MPO hereby agrees to seek reimbursement from all available sources on a periodic basis, no longer than every thirty days. 4.02 All warrants issued to the Countyor the MPO by the State of Texas, or federal agencies, for work performed by any agency or consultant under contract to the MPO shall be properly endorsed and deposited in the trust account. 4.03 The MPO shall make contracts and commitments in its own name. The MPO shall forward invoices and payment obligations to the County Auditor's Office for processing and payment. The budget for all activities on behalf of the MPO program will be set by the MPO. 4.04 The disbursement of funds to agencies or consultants under contract to the MPO will be made by the County in the amounts as specified by the MPO, so long as the MPO budget has sufficient funds to accommodate all payment requests. However, the MPO is fully responsible for all such contracts and releases the County from any liabilitywhich may arise as a result of the County performing any non-negligent task pursuantto this Agreement. The County is under no obligation to process payment requests unless sufficient funds for such purposes are present in the MPO budget. 4.05 All requests for reimbursement from the State of Texas or any federal agency shall be prepared by the employees assigned to perform MPO tasks and submitted monthly to the Texas Department of Transportation with a copy to the County Auditor. The MPO is solely responsible for the accuracy of the records of funds expended by itself and those agencies or consultants who contract with the MPO. _105 -„L: 1 ~9 Fiscol Agreement WO & Broaos Coonry 3 Effective: October 1, 2009 4.06 The MPO assumes responsibilities for the legal and proper expenditures of all locally derived planning monies, Federal Metropolitan Planning monies, and Federal Transit Administration Section 5303 & 5307 monies under the guidance of the State of Texas Department of Transportation. The MPO adopts its own line item budget which is not subject to approval by the County Court of Commissioners but shall be grouped into expense group/categories similar to the County s. Any expenditure over those established amounts and beyond the MPO Director's delegated authority shall be submitted to the Policy Committee for a budget amendment. All monies shall be budgeted and expended according to the latest approved Unified Planning Work Program. 4.07 The County will insure that sufficient staff will be available as needed to support those services required by the MPO. 4.08 All employees working on MPO matters under the supervision of the MPO Director will be required to follow all personnel policies that have been established by the County. MPO employees that qualify will be afforded all fringe benefits that have been established for County employees, to include retirement, medical and life insurance, vacation, sick leave, holidays, deferred compensation and any other benefits normally extended to County employees. 4.09 The MPO Policy Committee shall select a Transportation Planning Director who will have full-time responsibility for administrating the work program of the MPO. The Director will also be responsible for hiring and supervising the MPO's staff. The Director is required to follow all personnel policies established by the County for hiring and/or firing employees. Any action taken with regards to hiring and/or firing does not require the County's Commissioner's court approval, 4.10 The Director will take direction on MPO policy and technical matters from the MPO Policy Committee and direction on fiscal administrative matters from Brazos County. 4.11 The MPO shall pay all costs associated with the employees as described in paragraph 4.08. The County Auditor is hereby authorized to make payment for MPO personnel costs, to be reimbursed on a monthly basis from MPO funds, as described in paragraph 4.01. 4.12 The MPO agrees to indemnify the County for any amounts to which the County may become liable because of the action or omission of any employee under immediate supervision of the MPO Director. ARTICLE V TERMINATION 5.01 This Agreement may be terminated in whole or in part byeither party hereto whenever such termination is found to be the best interest of either party. Termination shall be effected by the conveyance of a written notification thereof to the other party at least thirty (30) days in advance of the effective date of the termination. All notices pursuant to this Agreement shall be deemed given when, either delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the appropriate party at the following address: r -,r Fiscal Agreement, APO & Brazos County 4 Effective. October 1, 2009 If to County: Brazos County Office of County Judge: Randy Sims 200 S. Texas Ave. Suite 332 Bryan, Texas 77803 with a copy to: County Auditor County Administration Building 200 S. Texas Ave. Suite 218 Bryan, Texas 77803 If to MPO: Bryan-College Station Metropolitan Planning Organization Policy Committee 3608 E. 29th St. Suite 113 Bryan, Texas 77802 ARTICLE VI NON-DISCRIMINATION 6.01 It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 27 and Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964, Title 23, Code of Federal Regulations, Part 710.405(b), and Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60). ARTICLE VII GOVERNING LAW 7.01 The laws ofthe State of Texas shall govern this Agreement and all obligations hereunderof the parties are performable in Brazos County, Texas. ARTICLE VIII NON-ASSIGNMENT 8.01 This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives successors and assigns. Neither the County nor the MPO shall assign or sublet any duty of this Agreement, excepting those already identified herein, without the written consent of the other. Fisml Agreement: MFO At Brazos County 5 Efreawe: Ocrober 1, 7009 ARTICLE IX SEVERABILITY 9.01 Should any provisions of this contract for any reason be held to be invalid, illegal, or unenforceable in any other respect such invalidity, illegality unenforceablity shall not affect any other provision hereof. ARTICLE X ENTIRETY OF AGREEMENT 10.01 This is the entire Agreement between the parties and no modification of this Agreement shall be of any force or effect, unless it is in writing and signed by both parties. NO OFFICIAL, EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE COUNTY OF BRAZOS HAS ANY AUTHORITY, EITHER EXPRESSED OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE COUNTY OF BRAZOS. Approved to be effective on the date of the last party to sign. BRAZOS COUNTY, TEXAS BRYAN-COLLEGE STATION METROPOLITAN PLANNING OR NIZATION POLICY COMMITTE By: 4D- 41k~ By. County Judge - and ims BCSMPO, Chairperson - D. Mark Conlee Date: QIIJ I(~ Date: 9(UJ11> Goose SO UTHWESTSOLUTION SG ROUP business organization systems Ms. Helen Cook BRAZOS COUNTY SHERIFFS OFFICE. 1700 Highway 21 West Bryan, TX 77803 Re: Spacesaver System Dear Helen SOUTHWEST SOLUTIONS GROUP SCHEDULED MAINTENANCE & SERVICE PROGRAM for your SPACESAVER SYSTEM Services to be performed by SSG authorized factory-trained personnel. Inspection & Testing of. Electric Systems Mechanical Assist Systems / Manual Systems * Safety Features * Anti-Roll Locking Pin * Electrical Wiring & Switches * Turn-Handle Assembly * Mechanical & Logical Controls * Tension of chain on turn handle drive * Anti-Tip Devices * Mechanical Safety Features & Controls * Carriage Limit Switches * Shelving Anchors * Floor & Overall Operation * Ease of Movement * Ease of Movement * Loose Hardware & Fasteners Lubrication & Adjustment of. (All Systems) * All Moving Parts, Chains & Rails * Limit Switches General Maintenance & Cleaning of: * Floor & Tracks * Face Panels & Controls Inspection Report: * Communication of inspection findings to the customer Scheduled Maintenance services will be performed on a scheduled on a basis of 1 per year. Covers all service calls thru out the effective dates of agreement. VOL )0_16Pr.uE 133 PROPOSAL PAGE (Page 2 of 4) Submitted to: Name BRAZOS COUNTY SHERIFFS OFFICE Contact Helen Cook Address 1700 Highway 21 West City, State, Zip Bryan, TX 77803 Department: Evidence Email: hcook@co.brazos.tx.us Phone [11979-361-4992 Fax: [11979-822-7887 We propose to furnish the materials and perform the labor necessary for the completion of the Scheduled Maintenance & Service Program on System(s): Model: Powered 5 carr. 432-7-6668 ack 370182 Location: Evidence Platinum (Scheduled Maintenance and Labor Program) * Two Scheduled service inspection per year * Covers 100% of charges for repairs. * Additional investment required for repairs performed outside of normal business hours. Annual Investment to insure the safety of your equipment: $1,338.46 To schedule service please call Paul Stanko at 800-803-1083 ext 2278 or via email PStanko@southwestsolutions.com. You can also request service from our website, www.southwestsolutions.com by clicking on the "request service" link at the top of the page. ►3' Other Notes (Page 3 of 4) 1) Scheduled Maintenance, service and repair calls are only provided during normal work hours, Monday thru Friday, 8 a.m. to 5 p.m. This excludes Saturday, Sunday, and company holidays. Southwest Solutions Group may agree upon optional abnormal hours and days with additional costs. 2) NOTE: Program does not cover repair caused by act of God, vandalism or misuse. 3) Replacement Parts: Southwest Solutions Group does not assume the responsibility for delays or failure to furnish parts or service when the inability to furnish same is caused by acts of God or government, labor difficulties, failure of transportation, misuse of equipment, or operational errors and causes beyond the control of Southwest Solutions Group. Components of the equipment or system purchased from or installed by others than Southwest Solutions Group will be excluded from this agreement. 4) Note: Invoice will follow with the terms Due upon Receipt, or BRAZOS COUNTY SHERIFFS OFFICE can provide a VISA, Master Card or American Express expiration date, and full name on card for payment. • It is suggested that to maintain your system, you perform certain routine periodic housekeeping duties outlined at the time of installation of the System. • The customer is responsible for foreign matter and debris that falls into areas that may hinder or damage and result in equipment failure. • The customer agrees to give reasonable notice to Southwest Solutions Group for normal hours servicing. • If equipment, under the Agreement, is moved, transported or tampered without Southwest Solutions Group's supervision, this Agreement will become null and void without refund. :F 1,35 ACCEPTANCE PAGE FOR SPACESAVER SERVICE AGREEMENT (page 4 of 4) BRAZOS COUNTY SHERIFFS OFFICE 432-7-6668 Evidence Program effective dates: 10/1/2009 thru 9/30/2010 Annual Scheduled Maintenance & Labor Program $1338.46 Two scheduled PM * Covers 100% of all charges for service calls When accepted please authorize below and return a copy to Southwest Solutions Group via fax (888) 980-8177 to the a tion of Y4M WINDHAM, retain original for your records. Accepted by?: J Date: S1 q 04 Title: / l~ 1 r 7 ~r(~^ Bill To Address: Be'CZinS 010(1 y)+La- S`l~e>>^ I ~t 5 C~ Attention: Accounts Payable Purchase Order # if appropriate: City, State, Zip: 1700 Ht 4 r21 Ke4 Tk 77V,3 If paying by VISA, Master Card or American Express: C/C Expiration Date: Full Name On Card: Southwest Solutions Group would like to thank you for the opportunity to serve you and our team looks forward to serving you in other areas, please visit our website at www.southwestsolutions.com for more products & services. Sincerely, Kim Windham 972-331-8880 or 888-241-7494 direct 972-250-2229 or 888-980-8177 fax kwindham@southwestsolutions.com Dallas Okahoma City Houston Austin San Antonio 4355 Exoel Pkwy 7718 N. Robinson Ave 6105 Brithoore Rd 600 Round Rock W. Dr. 5123 N. Loop 1604 W., Ste 300 Suite A21 Houston, TX 77041 Ste 604 Suite 100 Addison, TX 75001 Oklahoma City, OK 73116 (713) 467-4454 Austin, TX 78681 San Antonio, TX 78249 (972) 250-1970 (405) 879-3448 (713) 467-4484 tax (512)336-1328 (210)558-6988 (972) 250-2229 fax (405) 87M770 fax (512) 336-1358 fax (210) 691-2238 fax 4= t f a~ PAU 13h Purchase Agreement Meeting Management Solution Presented to: Brazos County, TX n~ t~ ~a UlDate: 6-12-2009 Offered by: N o v U o S 10012 N. Dale Mabry Hwy Suite 115 Tampa, FL 33327 800-274-5624 Ext702 Purchase Agreement Contents Solution Overview: 3 Deliverables by Novusolutions ....................................................................................................3 Product to be delivered ...........................................................................:................................3 Services to be delivered by Novusolutions ..............................................................................4 Services not included by Novusolutions ..................................................................................5 Client will provide: 5 Ongoing Support by Novusolutions ............................................................................................5 Pricing ........................................................................................................................................5 SOFTWARE LICENSE AGREEMENT .....................................................................................9 NOVUSAGENDA Page Purchase Agreement Solution Overview: NovusAGENDA is an electronic solution designed to create, approve and track items for upcoming and past Board meetings. The entire process creates an automated Paperless Agenda Solution. Adding an Agenda item, like the approval for a new employee benefit offering or the construction of a baseball field, can now be controlled in a well-organized systematic solution. Various workflow options allow you to control the review and approval process for each item with a complete history for tracking purposes. NovusBOARDVIEW offer board members electronic access to agenda, draft and final minutes and full research capability. Members can easily view upcoming agenda and make private comments as part of their meeting preparation. These meeting comments can be used during the meeting to remind the member of comments they want to make or present. Viewing draft minutes prior to the next meeting is easy using NovusBOARDVIEW and comments can be made on draft minutes as well if there is discussion required prior to approval of minutes. The online research option offers members the opportunity to quickly research past items with a few mouse clicks. This feature reduces the strain on staff who often receive calls from members for research. NovusMEETING is a fully integrated meeting management solution. Once your agenda is prepared in NovusAGENDA it is sent to NovusMEETING. NovusMEETING allows you to record motions, votes and minutes in an easy to use interface. The entire package is web based and easily configured to meet the exact needs of your organization. Novusolutions can use your existing agenda and minute format to create your web based publications. Deliverables by Novusolutions Novusolutions will deliver NovusAGENDA, NovusMEETING and NovusBOARDVIEW software along with the professional services outlined in this agreement. Product to be delivered • NovusAGENDA software will be shipped to the client with standard forms and workflows within 20 days of receipt of order. This software can be installed on test servers and configurations can be adjusted to work within your framework and infrastructure. • Once the customizations are completed, they can be installed via database restore. NOVUSAGENDA Pag 13 Purchase Agreement • Novusolutions will deliver training manuals and installation documentation electronically in Microsoft Word format. • Customizations and Forms to be delivered- The forms are created under the services agreement o One (1) Custom Item details screen (County Clerk) This screen is customized to your specifications and layout requirements. o One (1) Custom Public Agenda The public agenda is customized to your specifications including font, style, layout and other matters. o One (1) Custom Minutes page set • The page set includes one (1) draft and one (1) final minutes layout. o Twenty (20) Custom Workflows • Up to twenty (20) custom workflows can be pre-configured allowing users to simply submit items to named workflows which are then built for them automatically. NovusAGENDA also includes a workflow builder and editing utility which empowers clients to build their own workflows after deployment. There is no practical limit to the total number of workflows. o PDF Converter o Integration with Laserfiche Document Management Solution Services to be delivered by Novusolutions • Dedicated project manager • Delivery and remote setup support of NovusAGENDA software • Custom forms and up to 20 workflows as outlined in product to be delivered above. • 2 days of onsite consulting with the county staff to review custom forms and workflows- 2 contiguous days to minimize travel costs o Provide software orientation and capabilities during the two days of onsite consulting and review: I (one) -Agenda layout ■ l(one) -Draft Minutes layout ■ l(one) -Final Minutes layout ■ 1(one) -Agenda Item Creation form o Comprehensive understanding of your Workflows o Identify best practices o Modify workflows in the software to match your business process o Review final templates with staff as needed • Delivery and remote setup support for custom forms and workflow • Remote support to assist with PDF convertor setup edovus ADEN Page l,v~ 195'i.GE I to Purchase Agreement • Two days of onsite training for key IT staff and Clerk - 2 contiguous days to minimize travel costs • Functional Testing o Validate standard operation of NovusAGENDA o Test all user modules of NovusAGENDA, NovusBOARDVIEW, NovusMEETING o Test client defined workflow and forms and make adjustments as needed. • Functional Documentation o User manuals o Admin Manuals o Installation Manuals o Workflow Manuals Services not included by Novusolutions • This SOW does not include Novusolutions training beyond the two days specified here. Additional days for end user training can be purchased at $2,100 per day with a two day minimum or $2,500 per day for one day events. • Modification to NovusAGENDA base code. This would be any modifications not discussed above in the deliverables. Client will provide: • A dedicated project overseer • Provide a channel of communication as needed to clarify any questions regarding forms or workflows. • Provide assistance defining and documenting client workflow as needed • Provide onsite support during software setup, your IT staff. Novusolutions staff will support software setup remotely. • Servers, hardware and software as specified in our proposal • Possible end user training using standard manuals supplied by Novusolutions o Novusolutions can provide this training if needed at the rates quoted in the pricing section. Ongoing Support by Novusolutions Novusolutions will provide ongoing support as outlined in our response to RFP 2009-17. Pricing NovusAGENDA is offered to clients through a software purchase. Plovus .Gw°ENDA Page 5 `~rf,66UL 0 r~ LI Y -5 wy. r. Purchase Agreement Payment Terms - Novusolutions ships complete software to you within 30 days of receipt of order. Full payment for the License fee is due then. The services will be billed in two separate invoices. The first billing event will cover the services for customization and deployment and those services are due for payment when delivered. The second billing event for services will occur when training has been delivered. If you choose to do training over an extended period of time we will bill events as they occur and payment will be due for that event. Invoices are payable 30 days from invoice date. 1• NovusAGENDA NovusAGENDA, $19,500 NovusBOARDVIEW NovusBOARDVIEW NovusMEETING NovusMEETING Software unlimited use license This screen is customized to One Custom Item details screen your specifications and layout $1,500 re uirements. The public agenda is customized One Custom Public Agenda to your specifications including $1,500 font, style, layout and other matters. One Custom Minutes page set The page set includes one draft $1,500 and one final minutes layout Up to 20 custom workflows can 20 Custom Workflows be pre-configured allowing $500 users to simply submit items to named workflows which are then built for them automatically. NovusAGENDA also includes a workflow builder and editing utility which empowers clients to build their own workflows after deployment. There is no practical limit to the total number of workflows. Solution Overview Training - 2 days This is a two day session with $4,200 f key staff including Board Clerk, IT staff assigned to support the Noveasa` G N Page 6 1 _:7 i~a Purchase Agreement software and key Board Clerk staff. The class will last two days and involves a complete system overview and workflow building session. This class is delivered prior to any other training so key staff are very familiar with the solution and the workflows are correct prior to staff training. Administrator Training - 1 day You will require at least one or a $2,100 small team of central administrators to oversee your NovusAGENDA solution. The Administrators will be managing user rights, creating global groups, overseeing workflow structure and a number of key centralized tasks related to process. One day of onsite training Onsite Board Clerk Training - 1 day including one day with board $2,100 includes travel clerk and staff and one day with system admin for workflow utility training Integration with Laserfiche Document Integration allows users to Management Solution browse into Laserfiche to attach Included files to items as well as an export process to auto export complete final minute and agenda packets to Laserfiche for permanent storage PDF converter Attachments and agenda packets Included are converted to one single PDF file. Total One Time Costs for full $32,900 de to ment •p i Integration with Granicus Full Integration with Granicus includes: $3,500 • Sending agenda item directly into Granicus NovusAGEND 3 Page 7 > 1~5 IqL Purchase Agreement Minutes maker with one mouse click. There is no manual import required. • Importing final minutes with video links back to the NovusAGENDA database so the public can have a single search interface for, agenda packets and minutes with video. Additional Training- cost per day Onsite training includes travel $2,100 including travel. IT staff Training to modify One day of training in Tampa, $2,100 Agenda/minutes layouts FL covering Template layouts and advanced user options. Client cover their own travel costs. Optional Wet Signature Users can actually sign a $3,900 document without printing it. The $3,900 fee is the site license for the software; user licenses are required in addition to the site license. This third party solution requires a user license for each signer. Signers also require a signature pad that plugs into their USB port. One user license with a standard pad is $575. Each user requires a license and signature pad. NovusA D Page 8 v+f ~,.zx 144 Purchase Agreement This is an option clients may Extended mockup process. choose to extend their mockup $3,500 process past the point of 6 weeks from project start. Most clients are able to complete this process well within this timeframe however some clients may choose to extend this timeline which results in additional consulting fees. This cost will allow extension up to an additional 4 weeks. Annual Maintenance and support is included in the first year with your purchase of NovusAGENDA. After the first year the annual fee for maintenance and support is $3,800. After the second year the Upgrade Protection and Maintenance cost may adjust in line with the CPI. SOFTWARE LICENSE AGREEMENT THIS SOFTWARE LICENSE AGREEMENT (this "Agreement") is made and entered into by and between INOBBAR, L.L.C., a Florida limited liability company doing business as NOVUSOLUTIONS ("Licensor"), and the individual, company, institution or governmental entity signing this Agreement below ("Licensee"). The term "Licensee" shall also include Licensee's operating subsidiaries and divisions, if any. RECITALS WHEREAS, Licensor is the owner of that certain software program called NOVUSOLUTIONS (the "NOVUSOLUTIONS Software") designed to enable Licensor's customers to manage the design and content of Web pages that are published to one or more Internet sites; WHEREAS, the NOVUSOLUTIONS Software has been previously demonstrated to and accepted by Licensee; and WHEREAS, Licensor desires to grant the licenses provided herein, and Licensee desires to license and use the NOVUSOLUTIONS Software and any future enhancements of the NOVUSOLUTIONS Software on the terms and conditions specified herein; NOW, THEREFORE, based on the foregoing recitals and for and in consideration of the mutual obligations of the parties set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee hereby agree as follows: 1. Definitions. As used herein, the following terms shall have the respective meanings set forth below: 1.1 "NOVUSOLUTIONS Software" shall mean any versions (including the current version) or any components of the NOVUSOLUTIONS software program in usable form and any Corrections, Updates and New Versions of such software furnished to Licensee. The term "NOVUSOLUTIONS Software" shall also include input Q and output formats, associated data structures and databases, graphical elements, narrative descriptio n operating instructions. NovusAGENDA 1 Page 9~ Purchase Agreement 1.2 "Corrections" shall mean any subsequent, commercially released versions of the NOVUSOLUTIONS Software that Licensor, in its sole and absolute discretion, has released. 1.3 "Effective Date" shall mean the date set forth below next to the signature blocks of this Agreement. 1.4 "End User" shall mean a person employed by Licensee or engaged by Licensee as an independent contractor to provide services to Licensee, or an entity or group of entities which are directly or indirectly wholly-owned by Licensee, who or which uses Workstations on which are installed any component of the NOVUSOLUTIONS Software, but who or which does not have the right to copy, reproduce, sell, distribute or sublicense the NOVUSOLUTIONS Software or utilize the NOVUSOLUTIONS Software in any manner except in furtherance of Licensee's business. 1.5 "Exhibit A" shall mean Novusolution's response to the Brazos County RFP. 1.6 "IP Rights" shall mean all intellectual property rights, including, without limitation, copyrights, patent rights, trade secrets, trademarks, service marks, trade dress and other similar property rights. 1.7 "New Versions" or "Updates" shall mean any subsequent, commercially released versions of the NOVUSOLUTIONS Software that Licensor, in its sole and absolute discretion, has released. 1.8 "Technical Support" shall mean the service provided that isolates an operational error or bug to a component level of the NOVUSOLUTIONS Software (provided such error or bug is reproducible by Licensee and/or Licensor and is not due to a malfunction in any other software or hardware) and, in such case, the use of commercially reasonable efforts to provide an error or bug correction or a circumvention. 1.9 "Workstation" shall mean any central processing unit owned by or leased to Licensee for Licensee's own use on which Licensee may use a copy of any component of the NOVUSOLUTIONS Software. 2. Grant of Licenses, Training and Support. 2.1 License to Licensee. Subject to the terms, conditions and restrictions set forth herein, Licensor hereby grants to Licensee for the term of this Agreement under any and all IP Rights owned or otherwise assertable by Licensor a non-exclusive, non-transferable, fully-paid, limited license to copy, use and modify the NOVUSOLUTIONS Software and/or any component thereof, including all Corrections, Updates and New Versions furnished to Licensee, for use on the Workstations of Licensee's End Users. 2.2 No Implied License; Limitations on Use. Licensee acknowledges and agrees that this Agreement in no way shall be construed to provide to Licensee any express or implied license to copy, reproduce, use, sell, distribute, prepare saleable derivative works based upon or sublicense the NOVUSOLUTIONS Software other than as expressly set forth in Section 2.1. Licensee expressly agrees not to take any of the foregoing actions or permit any of the foregoing actions to be taken by its End Users. The NOVUSOLUTIONS Software shall be used solely in connection with Licensee's business. Licensee shall not use or permit or allow the use of the NOVUSOLUTIONS Software or any portion -thereof in any other manner without the written consent of Licensor, which consent may be withheld at Licensor's sole and absolute discretion. If required by Licensor, the NOVUSOLUTIONS Software so distributed shall be limited by code in a manner to ensure that the NOVUSOLUTIONS Software can only be used on Licensee's Workstations. Licensee hereby assures Licensor that it does not intend to and agrees that it will not, without the prior written consent of Licensor and, if required, of all applicable governmental entities, including, but not limited to, the Office of . Export Licensing of the U.S. Department of Commerce, transmit, directly or indirectly, the NOVUSOLUTIONS Software, or any component thereof, to: (a) any country outside the United States or (b) any national or resident thereof. Licensee further agrees that it will obtain, at its own cost and expense, any and all necessary export licenses for any such approved export or for any approved disclosure of the NOVUSOLUTIONS Software to a foreign national. 2.3 Technical Support. From the Effective Date of this Agreement until its expiration or earlier / termination, Licensor will provide telephone support to Licensee (each party bearing thew own telephone expegaes) r Page 10 W Purchase Agreement relating to the NOVUSOLUTIONS Software. Licensor's obligations with respect to Technical Support are contingent upon proper use and application of the NOVUSOLUTIONS Software and do not apply to alterations or modifications of the NOVUSOLUTIONS Software not performed or approved by Licensor or to malfunctions due to subsequent modifications or alterations of any operating system or other software not supplied by Licensor. 2.4 Training. At Licensee's request and upon reasonable notice, Licensor shall provide training for the number of Licensee's personnel set forth on Exhibit A attached hereto and made a part hereof who are to be designated by Licensee. Lieensee shall pay the feasenable tieket, bete!, , and. Ippal _ h si s affise Initial training and any additional training provided by Licensor during the term of this Agreement shall be provided at the rate(s) set forth on Exhibit A. 2.5 Corrections, Updates and New Versions of NOVUSOLUTIONS Software. From the Effective Date of this Agreement until its expiration or earlier termination, Licensor may, at its option and in its sole and absolute discretion, provide Licensee with New Versions, Corrections and/or Updates of the NOVUSOLUTIONS Software. If Licensor provides Licensee with Corrections, Updates or New Versions of the NOVUSOLUTIONS Software, such Corrections, Updates or New Versions shall be deemed part of the NOVUSOLUTIONS Software under this Agreement. 3. License and Monthly Maintenance Fees; Charges; Payment. 3.1 License and Monthly Maintenance Fees. Licensee agrees and hereby undertakes to pay Licensor on or before the Effective Date and (if monthly license or maintenance fees are applicable) on or before the first day of each month thereafter while this Agreement is in effect the license and maintenance fees set forth on Exhibit A for the use of the NOVUSOLUTIONS Software during the term of this Agreement (such fees are together referred to as the "License Fee"). If applicable, monthly payments of the License Fee shall be deemed to be advance payments for that month's use of the NOVUSOLUTIONS Software. 3.2 Interest, Late Fees and Miscellaneous Charges. If any payment due Licensor pursuant to this Agreement is not made within thirty (30) days of the due date, Licensee shall pay interest with respect to such past due payment at the lesser of twelve percent (12%) per year or the maximum rate permitted by the law of the state where Licensee's principle place of business is located. Furthermore, if any payment a u^ r ieense_ pursuant this AgFeement is net FRade within five (5) days of the due date, Licensee shall pay a late fee equal to Thifty Five and Ne,1100 Dellafs ($35.00). All applieable taxes (ineluding, without lifnitatien, sales and use taxes, but not ifielimling charges sifnaltafleguslywith Lieensee's payments in the method pfeseribed in Seefien 3.3. 3.3 Method of Payment. All payments under this Agreement shall be made in United States dollars by wire transfer of immediately available funds as directed by Licensor or by Licensee's check which shall be drawn in United States dollars upon a United States bank and delivered to Licensor's address listed in Exhibit A. 4. Representations and Warranties. Licensor makes the following representations and warranties solely for the benefit of Licensee, as a present and ongoing affirmation and covenant of facts in existence at all times under this Agreement: (1) Licensor has full power and authority to license the NOVUSOLUTIONS Software to Licensee under this Agreement; (ii) subject to the terms of this Agreement, Licensee and its End Users shall be entitled to full use and possession of the NOVUSOLUTIONS Software; and (iii) the NOVUSOLUTIONS Software supplied hereunder is produced and delivered in accordance with all applicable federal, state and local laws, rules and regulations as in effect on the Effective Date. / NovusAGENDA Page 11 t . J t.1d~ I y-7 Purchase Agreement 5. Disclaimer of Warranties; Limitation of Liability. Except as otherwise provided in this Agreement, Licensor provides, and Licensee accepts, the NOVUSOLUTIONS Software in "as-is" condition; and Novusolutions warranties the software for a period of one year from date of shipment against defects. Customers may remedy defects by requesting Novusolutions replace or repair any product defects within 90 days of notification of defect. Novusolutions does not warranty that the product will meet your exact needs. Novusolutions software is customized to meet client needs but there is no warranty to meet your exact needs. Novusolutions does not warrant that the software will be error free but that it will function as presented. Novusolutions provides telephone or remote access support to clients for a period of one year and thereafter under extended Upgrade and maintenance programs." 6. Indemnity. Licensor will defend, indemnify and hold Licensee harmless from and against any claim, suit or proceeding to the extent such is based on a claim that the NOVUSOLUTIONS Software as furnished by Licensor to Licensee infringes any patent, copyright or other proprietary right of any third party. Licensee will defend, indemnify and hold Licensor harmless from and against any claim, demand, suit, action, cause of action, loss, damage, liability, attorneys' fees and other costs and expenses incurred by Licensor as the result of any violation of this Agreement by Licensee or any of its directors, officers, employees, agents, representatives or contractors. In the event that a final injunction shall or in Licensors opinion may be obtained against Licensee's use of the NOVUSOLUTIONS Software in any action for which Licensor must indemnify Licensee under this Section 6, Licensor may, at its option and expense and without being considered in default in the performance of its obligations under this Agreement, and as Licensee's sole remedy against Licensor for such infringement, either (i) procure for Licensee the right to continue using such NOVUSOLUTIONS Software; or (ii) replace such NOVUSOLUTIONS Software with non-infringing software of like quality and capabilities; or (iii) modify such NOVUSOLUTIONS Software so that it becomes non-infringing; or (iv) refund to Licensee the License Fees paid to Licensor by Licensee pursuant to Section 3 during the term of this Agreement less depreciation (five (5) year straight-line basis). These indemnities are subject to the indemnifying party receiving prompt notice of any such claim, suit or proceeding and being granted full authority to control the defense and/or settlement thereof. In ne event shall hieensef's tatal liability to bieensee undeF this Seetien 6 exceed the Ueense Fee aid T : L. Lieensee pursuant to Section 3 during the term of this AgFeement, THE FOREGOING STATES LICENSOR'S ENTIRE LIABILITY FOR THE NOVUSOLUTIONS SOFTWARE UNDER THIS LICENSE AGREEMENT. 7. Access To Licensee's Operations And Personnel. Licensee agrees to fully cooperate with Licensor and to provide Licensor all information and access to Licensee's personnel and operations during the days Monday through Friday, between the hours of 9:00 A.M. and 5:30 P.M., or at such other times and days as may be mutually agreed to by the parties, in order to install and implement the NOVUSOLUTIONS Software and any enhancements and upgrades. 8. Ownership. Licensee hereby acknowledges and agrees that the NOVUSOLUTIONS Software embodies and constitutes valuable IP Rights of Licensor, including, but not limited to, copyrights and trade secrets, and that except for the rights of use, modification and copying expressly granted to Licensee herein, Licensor now holds and shall retain all rights, title and interest to the ^N^""c^T TTTIONS; Software, the tradename "NOVUSOLUTIONS" and such other trade names or trademarks as Licensor may from time to time by written notice permit or require Licensee to use in connection with any NOVUSOLUTIONS Software (such trade names and trademarks are collectively referred to as the "Product Name"), and any documentation with respect thereto, ineluding, withaut liffikaien, title to all 112 Rights with respee! theeete. Upon termination of this Agreement, Licensee shall retain no rights of any nature with respect to the NOVUSOLUTIONS geft anm H t^- the Product Name. Licensee shall not cause or allow the Product Name to be associated with any product other than the NOVUSOLUTIONS Software and shall not (during the term of this Agreement or at any time thereafter) create, copy, reproduce, ese uEe promote, sell or sub-license any product (other than the NOVUSOLUTIONS Software as expressly authorized herein) bearing the Product Name or any name confusingly similar thereto. 9. Term; Termination. NovusAG'DA Page 12 ~~1a5 ; :1w ~ 70 Purchase Agreement 9.1 Term. This Agreement shall become effective as of the Effective Date and shall continue in effect until the earlier of:.(i) the expiration date of this Agreement set forth on Exhibit A, if applicable (the "Expiration Date"); provided, however, that the term of this Agreement shall be extended through and after the Expiration Date unless either party hereto gives at least ninety thirty {99 (30) days' notice to the other party prior to the effective date of such termination of its decision to terminate this Agreement; in the event that no E*piFa"e° Date has been seleete and payment af a menthly Lieense Fee is contemplated in Em~~, the date ninety (90) days after either party hefet gives notice to the other party hereto that h has eleptpa fA tp_~_inate this Agreement (which te Section. 9.2; - 9.3 he-ef and whieh teFff~natien shall not ereate an), liabi en the par' of the terminating ; or (ii) the date this Agreement is terminated in accordance with Sections 9.2 or 9.3. In the pvpnt that nH Expkatien Date has been set forth en Ekbibet A and payment of a fnenthly (or other Fee~ing) Lieense Fee is D~~ contemplated in R*h" the teFffl of this AgFeement shall be pefpPtual unlpsq te,~isffited in aecordanee with Seefiefis 9.2; OF 9.3 9.2 Termination for Breach. Either party may terminate this Agreement in the event of a material breach of this Agreement by the other party, if such breach remains uncured thirty (30) days after receipt of written notice thereof from the non-breaching party (unless such breach cannot by its nature be cured, in which case the non- breaching party may terminate this Agreement by written notice immediately upon the occurrence of such breach). No such termination shall relieve Licensee's obligation to pay License Fees and miscellaneous charges accrued to the effective date of the termination for previously distributed copies of any component of the NOVUSOLUTIONS - Software. Each party understands and agrees that it is responsible for ensuring compliance with this Agreement by its directors, officers, employees, agents, representatives or contractors, and that any breach or failure to comply with this Agreement by any of the foregoing shall be deemed a breach of this Agreement by such party. 9.3 Termination for Insolvency. This Agreement shall be deemed terminated immediately in the event that (i) Licensee or Licensor files a petition in bankruptcy, makes an assignment for the benefit of its creditors, petitions for the appointment of a receiver or trustee for all or a portion of Licensee's or Licensor's property, or dissolves or liquidates; or (ii) a petition for bankruptcy is filed against Licensee or Licensor, or a receiver or trustee is appointed for all or a portion of Licensee's or Licensor's property. 9.4 Re .m of Mat° . ds TTpen termination of this Agfeeme fef any r fights te use, ^a math.y the NOVUSOLUTIONS Seftwafe shall « and Licensee shall immediately destf'•• eepy _Tieen.qe.P of such delivefy and dest~etien, eeFfif~in wfiting te Lieensor that Lieensee has in fa t fulfilled obligations puFsuaut 'a this Swoon. Lieffisef shall alse have the fi& te eleetfanieally Femove die euffent and all prier versions ef "o.--owe 9.5 Survival. The provisions of Sections 2.2, 3.2, 5, 6, 8, 9.4, 9.5 and 10 of this Agreement shall survive the termination of this Agreement. 10. Attorneys' Fees to Prevailing Party. In the event of any litigation arising out of or relating to this Agreement or the breach, termination, validity or enforcement of this Agreement, the prevailing party shall be entitled to recover all costs and reasonable attorneys' fees incurred, including, without limitation, costs and reasonable attorneys' and paralegals' fees incurred in any investigations, trials, bankruptcies, appeals and collection efforts. 11. Assignment. Neither Licensee nor Licensor shall not assign any of its rights under this Agreement nor delegate its duties hereunder to another person or entity without the prior written consent of the other party to this agreement, r i~f, which consent may not be gfanted-er unreasonably withheld T iee sale and disereHen. Any permitted assignment shall be subject to the permitted assignee or transferee agreeing in writing to comply with all the terms and restrictions contained in this Agreement. Any attempted assignment in violation of this Section shall be void. In addition to outright assignment, the following shall be deemed to be an attempted assignment of this Agreement: (i) the merger of Licensee or Licensor with another entity, (ii) the sale or transfer of over fifty percent (50%) of Licensee's or Licensor's capital stock within any two (2) year period, (iii) any transfer of this Agreement occurring by operation of law or (d) any similar transfer or transaction. This A,._,.,... ent shall inure to the benefit of and be binding upon the pafties hefete, theif Fespeetive trustees, sueeessgfs, pefmitted assigns and legal fepreseatatives NovusAGENDA Page 13 u ~qA~ Purchase Agreement 12. Applicable Law; Jurisdiction; Venue; Attorneys' Fees to Prevailing Party. This Agreement shall be governed in its construction, interpretation and performance by the laws of the State of Texas and the United States, as applicable, without reference to law pertaining to choice of laws or conflict of laws. In the event of any litigation arising out of or relating to this Agreement or the breach, termination, validity or enforcement of this Agreement, venue shall be in the Judicial Circuit in and for Brazos County, Texas, Both parties hereto hereby submit to the exclusive jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement or the breach, termination, validity or enforcement of this Agreement, the prevailing party shall be entitled. to recover all costs and reasonable attorneys' fees incurred, including, without limitation, costs and reasonable attorneys' and paralegals' fees incurred in any investigations, trials, bankruptcies, appeals and collection efforts. C Novusb31SENDA i Page 14 ~,;Jag . € ~ ~a Purchase Agreement Accepted: The response offered to Brazos County RFP 2009-17 by DocuNav and Novusolutions will govern any issues outside this agreement. Novusolutions f~•~t~; r~1 John Kercher - Managing Partner _ Si nwt'ur ` Name and Title Date G' Brazos County 4l Signature Name a d Title Date NOvustxi,3 h~a. Page 15 s';:l..I6'k",5'V :,1.21 )C5/ 09/08/2009 10:04 9798215796 BTU LINE DESIGN PAGE 02 BRYAN TEXAS UTILITIES Municipal & Rural i~ AREA LIGHTING AGREEMENT WHLREAS, ThL Z ~ i,`ZoS C-e v,- fC of ZoS County, Texas, a customer of Bryan Texas Utilities of the City of Bryan, hereinafter refered to as "Customer" requests Bryan Texas Utilities, hereinafter referred to as "BTU" to install area lighting on said Customer's premises on the following terms and conditions: 1. Customer agrees to keep the light in place for a period of not less than two years. At the expiration of this two-year contract, the customer may terminate this agreement at any time with a written thirty (30) days notice. BTU reserves the right to cancel tbis agreement at any time with a written thirty (30) dayi notice at their discretion. See Attachment "A" which is incorporated by reference. 2. BTU retains ownership of all light fixtures and all materials used to install the service lights on Customer's premises. Accordingly, BTU will maintain all lights free of charge to Customer where equipment is defective and/or fails due to normal wear and fear. A duly authorized representative of BTU shall be permitted to enter Customer's premises at all reasonable times in order to install, make any necessary repairs, maintain or remove the installation. 1 Customer is responsible for payment of repair or replacement of all equipment components which are damaged by vandalism. Further, it is the Customer's responsibility to notify BTU when a light fails, and BTU will repair same within seventy- two (72) hours if not unreasonable to do so. 4. BTU agrees to install lights for which the customer agrees to pay a monthly rate as prescribed by ordinance. This amount is to be billed to the Customer's No. , Premise No, and Meter No. 5. Customer has Tead and understands this agreement and the attached page. Investigate # stomer's Si lure Service Address Contract Date 0 Ftw isinn 0?-0a-20CW SEP-08-2009 09:14RM From: 9798215796 ID:BRRZOS CENTER Pane:W2 R=96% 09/0B/2009 10:04 9798215796 BTU LINE DESIGN PAGE 03 DAMAGE WAn ER Bryan Texas Utilities ("BTU') has been required by the undersigned customer, or for other reasons, to dig a trench, to drill a hole for a pole or for any other designated purpose, or to perform work or service on or near the customer's property in order to establish or maintain proper electrical service, provide lighting, or perform some other work or service beneficial to the customer. The undersigned customer agrees (1) to locate and mark any underground facilities such as water pipes, gas pipes, conduit, cable, or any other facility near or in the path of a ditch, and (2) to indemnify and hold BTU harmless from, and to assume all responsibility for any liability or damages arising from or relating to such work or service, including all damages to the premises'or to any real or personal property of the customer (including animals or livestock or any ki.od) that may be located on or near the premises. The customer hereby warrants that he/she is the owner of the premises on which the work or service is to be performed, or that he/she is otherwise authorized to enter into this agreement. Location: Signed: Date: Investigate # REVSEDSM6 SEF-08-2009 09:15AM From: 9798215796 ID:BRAZOS CENTER Paee:003 R=97% oC aooy- adz 6 TEXAS A&M UNIVERSITY FILE COPY COLLEGE STATION, TX 77843-1477 08/31/2009 PURCHASE ORDER Page 01 WRFN D6SOMNa f+FV4[C . RSIPL7CAT _ Cl, Y }L^ of j, Nf ME DRD,,E0DN 5 TN OwuwfuNEET OR TEXAS A&M UNIVERSITY M000341 o,,EED WECIFlC O5IN TRANSPORTATION CENTER/BUS OPS TNEBmixWranox. BRAYTON FIRE FIELD/EASTERWOOD AIRPORT (VARIOUS TAMU ENTITIES nuT Afl) TO BE INVOICED SEPERATELY) COLLEGE STATION TX 77843 FORTHIN OURBID Iv ATIOx BECAME 17425253310 APMTOFTHIB r59€ + BRENCO MARKETING ORDER. PO BOX 3819 TEXAS A&M UNIVERSITY BRYAN, TX 77805-3619 TRANSPORTATION CENTER/BUS OPS BRAYTON FIRE FIELD EASTERWOOD AIRPORT (VARIOUS TAMU ENTITIES) COLLEGE STATION TX 77643 S ANY EXCEPTIONS TO PRICING OR DESCRIPTION CONTAINED HEREIN MUST BE APPROVE PLEASENOTE: IF YOUR INVOICE 15 NOT ADDRESSED AS INSTRUCTED BY THE TAMU PURCHASING SERVICES DEPARTMENT PRIOR TO SHIPPING. PAYMENT WILLBE DEIAYED. NW ~E ^.w4 M BEM: *S ,s,~ 3`~"': e_{ii ~t.~„ ~^D~'Dli ~I O~ ~.~.,;}.2~xfa«.. s„ar • tFaRMy+.`-,•~r ~~'SjO~..a 1.`4T,I{~PF~~.k35ox't" - USER REF: 270620-16000 - THIS IS NOT AN ORDER, DO NOT SHIP FROM THIS. INDIVIDUAL ORDERS WILL BE PLACED "AS NEEDED". FOR INVOICING AND DELIVERY ON OR AFTER SEPTEMBER 1, 2009. VENDOR POINT-OF-CONTACT: NAME: DONALD BROACH PHONE: (979) 260-3835 FAX: (979) 691-8588 The HUB Program Office requires the following from the successful vendor per the Texas Administrative Code: -The HSP plan will be come a provision of the purchase order. -The successful vendor will maintain business records documenting its compliance with the approved HSP and will submit a Progress Assessment Report to the university HUB Program Office no later than the the fifth (5th) calendar day of the month for the duration of the resulting purchase order. -Before incorporation into the purchase order the Texas A&M HUB Program office must , approve and/or authorize any modifications to the purchase order that involve subcontracting. The selected vendor must comply with provisions of TAC 20.14 relating to developing and submitting a subcontracting plan . If the selected vendor PAW FOB: DESTINATION FRT INCLUDED TERNS: N 30 sews ABU flewcg ones sxapceBwlnldtl sltlpmUv FNUAETODEUVEP-NOe vx,hrhSVb6MrIWe YWpiv MW pm,vedaH.ery Oeb a•,mdvtlPtine MACCORDNGE WRH VCUi&D.SWPUESEDUPAffNEMBE BE PIADEO iNTHE gpevN[r, wltlutl pv'eq ~eFtl+de npvmRlwblry,ait we{Laa M,eIxMJ Wrlalhn bfmlepcl9utlers,M51W DEPARRAEMRPEMKa POCTJ BY rewrvva N tlLbb Pvtlvv aptlBe3~eYe,.Nlfe, abNR Ne Ymrma In Pam W raH of M1vrLrB X u,, b W veni/. M sLNlbiwe MCVIee4>bds P,midE WLW P¢epROVi101 dr PuWtl"95xWn5 Dep. W Tem A6M oe 31 z010 TNe5lele sl Temsisemfp YamYFedeed Fmee Texee. THS CADEP ILfT VAIJD INE~SNiNED BY TIEPUPDHA9BL NAM. , STATEAPID Qn'`. "e TM QBRRIDNGEe11FlCAYE:IM Wxslynd rb6mmwnpBminm emsuile Clepb2v, Title ITLx PeNSN (wl SIRYIea olRm,br PR~v M nDpa. peremq P"PMtleavb"tlbiNSnmEend eder, pNrimseE namrnmecmrvnauskrymtlMeeee"re, u aspopAy fs DeYe Reoaetl Yrtlv emwe m m M sm diems. ' PWCXA9 AGBNIFpi TES S A&MRYiUNIVERSITY TEXAS A&M UNIVERSITY PURCHASE ORDER FILE COPY Page 02 WDERDA7E 06/31/2009 PDNUM9ER M000341 - VENDW 1-7425253310 BRBNCO MARKETING Fiem'~a:a+x. , ~ i}escrrpuon L Fe ~c,aa:, , ` uan~4ly _ j,1J0 Z a~.°. , a3_ t`44 f.P[ice .i '6et Pnne'" <°'Pr.,,'',•, ~F _ . subcontracts any of the work without complying with TAC 20.14 and without prior approval from the HUB Program Office, the vendor will be deemed to have breached the purchase order and be subject to any remedial actions provided by Texas Government Code, Chapter 2161 and state law. -Texas A&M will report nonperformance relative to the HSP to Texas Procurement and Support Services in accordance with TAC 20.105(f), relating to the Vendor Performance and Debarment Program. Blanket Order for Unleaded, Diesel and Bio-Diesel for various departments on the campus of Texas A&M University for the period of September 1, 2009 through August 31, 2010, as per the terms, conditions and mark-up offered in Request for.Bid #09-0026. Quantities are estimated only and do not guarantee a purchase. Delivery to be made at times and in quantities requested by . Texas A&M University, ordering department Upon award, orders will be placed on an as needed basis. Any unused quantities as of August 31, 2010 shall be considered cancelled. The mark-up shall remain firm for the term of the agreement including any/all renewal optoins provided for in Request for Bid #09-0026. Mark-up per gallon includes any and all costs involved in the supply and delivery of all fuels with the exception of any applicable state fuel tax and the Petroleum Product Delivery Fee. Participating entities are exempt from certain Federal Excise Tax, State Sales and Transportation Taxes. Entities upon request will execute tax exemption certificates. The participating entities are subject to the State of Texas Road Tax ® $.20/gallon and all entities are subject to the State of Texas Petroleum Delivery Fee. These taxes, state imposed fees and unloading fees are not included in the unit price and will be itemized on the invoice to the ordering entity (if applicable) unloading fees are not acceptable. The only acceptable change in the fees proposed during the contract term or any - extension option would be in the event the State of Texas or Federal Government makes adjustments in the fee levels of the State Petroleum Product Delivery fee or the PAW TEXAS A&M UNIVERSITY PURCHASE ORDER FILE COPY Page 03 ORDER DATE 08/31/2009 PONUMBER M000341 VENDOR' 17425253310 BRENCO MARKETING kes£x ` s..De cnpn°,e '.A %~",~.•,',a-,,::~g t~uannty.r' ott~ F`a.~CJmtfieroeA Federal Super Fund. The vendor may then pass these charges on to the entity if sufficient documentation can be provided for the requested changes from the respective governing body(s). Any change in these specific fees will become effective thirty (30) days after the contractor and the participating entity agree to the change. Payment Terms: Net 30 days, upon acceptance of delivery and receipt of approved invoice. The price per gallon of fuel is determined by applying the mark-up per gallon to the average rack for bio-diesel and unbranded averae per gallon price listed in the "Oil Price' Information Service" (OPIS) Pad 3 Net Report for Hearne and Houston, TX as in effect on the day of delivery. Pricing Formula: OPIS Price per Gallon + Vendor's Mark-up + $.20 per gallong tax = Unit Price per Gallon Renewal: Texas A&M University reserves the right to renew the awarded agreement for an additional four (4) years, one (1) year at a time, if mutually agreed upon by both parties with all terms, conditions and mark-up remaining firm. Cancellation: If the suppler fails to perform in the manner specified in this contract or for reasons such as, but not limited to, consistent poor service, unsafe habits or misrepresentation of product, Texas A&M University shall have the riqht to cancel the contract (a) by providing the Supplier with thirty (30) . days written notice. Upon award, any order is subject to cancellation, either in whole or in part, if funds are not appropriated by the Texas Legislature or otherwise made availabe to the end user. The agreement may be terminated, without penalty, by Texas A&M without cause by giving thirty (30) days written notice of such termination. 1 Unleaded Fuel, 87 Octane 295,713 GAL 1.964 581,016.90 Transport Loads of 7000/gallons OPIS price as of 6/30/09 was $1.9438 Plus Vendor Mark-Up + .0210 PAW -~a5 . , 151n TEXAS A&M UNIVERSITY PURCHASE ORDER FILE COPY Page 04 oeDERDaT6:pg/31/2009 PONUMBER: M000341 VENDOR: 17425253310 BRENCO MARKETING Rim w F r » F s ~ lpuarzucy.< 2 Unleaded Fuel, 87 Octane 5,000 GAL 1.993 91969.00 Less than full transport truck delivery Transport Loads of 250/gallons OPIS price as of 6/30/09 was $1.9436 Plus Vendor Mark-Up + .0500 3 Unleaded Fuel, 89 Octane 6,715 GAL 2.062 13,851.70 Less than full transport truck delivery Transport Loads of 250/gallons OPIS price as of 6/30/09 was $2.0128 Plus Vendor Mark-Up + .0500 4 Unleaded Fuel, 93 Octane 10,924 GAL 2.193 23,965.07 Less than full transport truck delivery Transport Loads of 250/gallons OPIS price as of 6/30/09 was $2.1438 Plus Vendor mark-Up + .0500 5 #2 Diesel, Low sulfur 367,547 GAL 1.918 743,353.90 Transport Truck Delivery of 6500/gallons OPIS price as of 6/30/09 was $1.8941 Plus Vendor Mark-Up $ .0500 6 #2 Diesel, Low Sulfur 15,000 GAL 1.944 29,161.50 Less than full transport truck delivery Transport Loads of 250/gallons OPIS price as of 6130109 was $1.8941 Plus Vendor mark-up $ .0500 7 Dyed Diesel 6,757 EA 1.921 12,986.28 Transport Truck Delivery of 6500/gallons - OPIS price as of 6/30/09 was $1.8979 Plus Vendor Mark-up $ .0240 8 Dyed Diesel 6,757 GAL 1.947 13,161.96 Less than full transport truck delivery Transport Loads of 250/gallons OPIS price as of 6/30/09 was $1.8979 Plus Vendor Mark-Up $ .0500 9 Bio-Diesel, Range of 1320, Soybean additive 64,426 GAL 2.025 130,481.98 Transport Truck Delivery of 6500/gallons OPIS price as of 6/30/09 was $1.9453 Plus Vendor Mark-Up $ .0800 Delivery Fee: The Petroleum Product Delivery Fee (Remedia- tion fee) on each load of gasoline and diesel fuel imported into Texas or withdrawn from bulk storage facilities and delivered into cargo tanks or barges. PAW ~s~_►aS ►5_7 TEXAS A&M UNIVERSITY PURCHASE ORDER PILE COPY Page 05 ORDERDATE 06/31/2009 PO NUMBER: M000341 VENDOR: 17425253310 13RENCO MARKETING ltem u.._T.~zOesenptloa a,'ie a~~>~..as...:; rxefe 213©ISi~gP[c'e'a~ sv.,~aaEf-[note Fee Schedule: Gallons Delivered Fee Less than 2,500 $3.75 2,500 but less than 5,000 $7.50 5,000 but less than 8,000 $11.75 8,000 but less than 10,000 $15.00 Each 5,000 gallon increment on 10,000 gallons or more $7.50 For deliveries of at least 7,000 but less than 8,000 (whether single product type or split load), special ru les apply: -I£ the qasoline portion of the delivery is less than 7,000 gallons, the fee is $11.75. -If the qasoline portion of the delivery is at least 7,000 gallons, the total load is presumed to be at least 8,000 gallons and the fee is $15.00. The Fee will expire on September 1, 2011 If you have questions , please call Bryant K_ Lomax, TPCA Manager, Tax Policy Division at 1-800-252-1383. TOTAL 1557;948.29 VENDOR REF: DONALD BROACH/979-260-3835 PHONE: 979-846-3835 Purchase made by an Institution of Higher . Education, Section 51.9335 Education Code. CC FY ACCOUNT NO. DEPT. DOCUMENT DATE: 08/28/2009 DEPT.CONTACT: KENNY KIMBALL PHONE NO.: 979-848-1052 BIDDING VENDOR: BRENCO MARKETING BROACH 1.00 MARTIN EAGLE CHILDERS 1.00 GOLD STAR SALES 1.00 REASON FOR AWARD TO OTHER THAN LOW BIDDER: SEE EMAIL TO FILE. PCC CD: TYPE FUND: L TYPE ORDER: LOC PAW Bid Tabulation No~i't5~ Annual Fuel Contract for the City of B an P ; icipating Entities The i7sfLrg~l arty prtl should nnf 6e ~vnsf~'rretl: i f, as art fndmabon that fhe :Cult or any vfher Mann Eame fold Star pacipafing en#ty declares fb~: brd as pil r 13renc0 c Pettoleum;.: SC Fuels respons7ve The. Crty and other pairicrpattrt9 Company Marketing Inc enfrbes will evaluate a/l brds eccong tv The: Inc f crrterra i lrsted fii the RFB and rivft€ye 3 success€ql pTtltler(/pph award of cop#Cdct. One Original Complete Bid Submitted as Y Y Y Y Required (Y/N) Addendum #1-Acknowledged as Required (YIN) Y Y Y Y Addendum #2 - Acknoledged as Required (YIN) Y Y Y N HUB Submittals (YIN) Y Y Y Y Felony Conviction Submittal (Y/N) Y Y Y Y Prompt Payment Discount (Y/N) / % Discount; N N N N Certification of Bid Package (YIN) Y Y Y Y References Provided Y Y Y Y IItem #1- Gasolute, Unleadetl, 8~ gCtahe n- Trarrs "rtTNCk-Delnre. TTf) r ` a~ <<R~ Minimum transport load in US Gallons 7000-9000 7000 8600 7000 A) OPTS ($/Gallon As of 6/30/04) 1.9438 1.9438 1.9438 1.9438 B) Profit ($/Gallon) 0.0129 0.0210 0.0491 0.0145 C) Total Unit Price ($/Gallon) 1.9567 1.9648 1.9929 1.9563 pfl ggu Item#2 GSeoirrte, Unleaded 87 flc~aire F ~ =°MMy 6 = e Lessl liars FuII Transport Trtick ©elroery (LTFT~Q, a Minimum transport load in US Gallons 4000-6999 250 250 250 A) OPTS ($/Gallon As of 6/30/04) 1.9438 1.9438 1.9438 NO BID B) Profit ($/Gallon) 0.0400 0.0500 0.3932 C) Total Unit Price ($/Gallon) 1-9838 1.9938 2.3370 '-s..;v=.., , I item fYi 1;asoluie Unleaded 89 Octane Less ThanFUllTlanspcrrtTcaekDeUuely(LTFTTD) . `z „ ems . t om. Minimum transport load in US Gallons 4000-6999 250 250 250 A) OPTS ($/Gallon As of 6130104) 2.0128 2.0128 2.0128 NO BID B) Profit ($/Gallon) 0.0400 0.0500 0.3943 C) Total Unit Price ($/Gallon) 2.0528 2.0628 2.4071 I _ Page 1 of 3 :~LIdS or f5`~ Bid Tabulation No. 04-115 Annual Fuel Contract for the City of Bryan Participating Entities "he listing of any4rd shocild not tze construed; asp ndreation _ fhaf the rt}T or any other Mart n Eagle Gold Star -sart(cipafrng erotity declares the bid as: OII Bronco Oetrolsum, SC Fuels resPotrsive the _Cri1r and -other par#tcrpetm9 Company Marketing Inc. ent er vdl evacuate all aids aecardmg to ihe; Inc ~nterra lrsted fr±, -the #FB and ~~Y the:; saGee~~7Fu1#ldderup~nawararo3~anrract_._~. One Original Complete Bid Submitted as Y Y Y Required (Y/N) Addendum #1-Acknowledged as Required (YIN) Y Addendum #2 -Acknoledged as Required (YIN) Y HUB Submittals (Y/N) Y Y (B) Y (B) Felony Conviction Submittal (YIN) Y Y Prompt Payment Discount (YIN) / % Discount: N N Certification of Bid Package (Y/N) Y References Provided Y Y lte~n -Gasoline, Unleaded,A7Octane _-=L, ?ran ott Truck Delive TTb Ws M - Minimum transport load in US Gallons 7000-9000 7000 8600 7000 A) OPIS ($/Gallon As of 6130/04) 1.9438 1.9438 1.9438 1.9438 B) Profit ($IGallon) 0.0129 0.0210 0.0491 0.0145 C) Total Unit Price ($/Gallon) 1.9567 1.9648 1.9929 . 1.9583 lfem#2; C~asolme,Unleaded,liTOctane L..ss T11an FLIT Transport Truckl3ehveryLTF77i3) a ' ~G r Minimum transport load in US Gallons 4000-6999 250 250 250 A) OPIS ($/Gallon As of 6/30/04) 1.9438 1.9438 1.9438 NO BID j B) Profit ($/Gallon) 0.0400 0.0500 0.3932 C) Total Unit Price ($/Gallon) 1.9838 1.9938 2.3370 MISS- kerli#3 Gasoline, Unleaded $9 Octane _5_ ~ IxssT~atrFUlLTransportTru~k Detryery_(LTFTTA~ ~ _ Minimum transport load in US Gallons 4000-6999 250 250 250 A) OPIS ($/Gallon As of 6/30104) 2.0128 2.0128 2.0128 NO BID B) Profit ($/Gallon) 0.0400 0.0500 0.3943 C) Total Unit Price ($/Gallon) 2.0528 2.0628 2.4071 I Page 1 of 3 Bid Tabulation No. 04-115 Annual Fuel Contract for the City of Bryan Participating Entities the Irstrng ~fny`bld shorld not beonstrrred s an rErrltcatanr that tfie Crty or atttty otter Martin Eaglet !!J ~artlcr7trrrg entrty dec/aces Ire brd ' as:. Oil Brenco Gold Star Pet-1c 1. n SG Fuels responsrue the :tarty and _otfrer ~sattlG n9.. Company Marketing Jnc. entrties wll! evalyate a1! bids according to the; Inca.: artfena :'=fisted rh the and rotrfy the.: - ~r+ecessfu{ lSidder~paA B~vv~ed vi GQIt#!'a~ - IteErr #dasaline,~}nleatled, 9319rt Q> tane min, (mss 1 I1ar[ Puil Transport Truck Delivery-:[LTFTTIt)-~ Minimum transport load in US Gallons 4000-6999 250 250 A) OPIS ($/Gallon As of 6130/04) 2.1438 2.1438 2.1438 NO BID B) Profit ($/Gallon) 0.0400 0.0500 0.3962 C) Total Unit Price ($/Gallon) 2.1838 2.1938 2.5400 ft-IRKl 3lNlElrr ~-s _ _ a _ Minimum transport load in US Gallons 7000-7500 6500 7400 6500 A) OPIS ($/Gallon As of 6/30/04) 1.8941 1.6941 1.8941 1.8941 B) Profit($/Gallon) 0.0129 0.0240 0.0519 0.0047 C) Total Unit Price ($/Gallon) 1.9070 1.9181 1.9460 1.8988 EWE kem#&-2?hesel, Low SuTtur 5 v ~ F `=o-cL£ m ess'FtlanFa!(T-r~Ps~PortTruek Dehvery_(LTFTTD)_ ~ ~~~~a=~ _ Minimum transport load in US Gallons 4000-6999 250 250 A) OPIS ($/Gallon As of 6/30/04) 1.8941 1.8941 1.8941 NO BID B) Profit ($/Gallon) 0.0400 0.0500 0.3927 C) Total Unit Price ($/Gallon) 1.9341 1.9441 2.2868 Hein # Dyed=E]tesel, f Dw Sulfur : -u 1_ MRS y = L 22 frarrs =rt3t~ackl3elureT.D _-w--- r - , Minimum transport load in US Gallons 7000-7500 6,500 7,400 7,500 A) OPIS ($/Gallon As of 6/30f04) 1.8979 1,8979 1.8979 1.8979 B) Profit ($/Gallon) 0.0129 0.0240 0.0519 0-0047 C) Total Unit Price ($/Gallon) 1.9108 1.9219 1.9498 1.9026 1te~n#6Dyed;Dresel,lnwSul#ur _~z~{L=am I ess Than ~rH'Trsnspp~#Truek-DeUvet3l-~-TP7'iD) ~ - ~ L ~ ~a Minimum transport load in US Gallons 4000-6999 250 250 A) OPIS ($/Gallon As of 6/30/(34) 1.8979 1.8979 1.8979 NO BID B) Profit ($/Gallon) 0.0400 0.0500 0.3928 I Page 2 of 3 al 1d5 .F 4 l~ i Bid Tabulation No. 04-115 Annual Fuel Contract for the City of Bryan Participating Entities 17 Tqe iistrirrpfnyhrd should not be danstrtre as an ndreatton ;that the qty or any other Martin Eagle Gold Star parhapat#tsg Pnr#y declares YIlB:; bfd as Oil Branco PettoleumSC Fuels responsive thetfy antl ;other patlrefpa€th9 Company MackeSng Inc. entrties;iWdl evafuate all bids eceording Yo the_ Inc ontena;~tsted rt the IiF$ and q~trty tha! sr~ceessfu# blddeC~poq aw%id of eattfit'acL C) Total Unit Price ($/Gallon) 1.9379 1.9479 2.2907 Item #9 =Rib Diesel 0 R! TfTTA_- - - _ less Tian Full TraflspartTruck delivery I#- a! j ~ ~ ,s~_.-- - Minimum transport load in US Gallons 4000-69999 6,500 3,000 NO BID A) OPTS ($/Gallon As of 6130/04) 1.9453 1.9453 see bid B) Profit ($/Gallon) -0.1000 0.0800 0.6820 C) Total Unit Price ($/Gallon) 1.8453 2.0253 0.6820 BeyfatiohsFCflnit Erons - Rack Fax Sheet was pulled at different times, therefore the price was different. Purchasing changed the OPIS Rack Fax price to match across the board prior to evaluation. Martin Eagle Unacceptable min. gallons on #2, 3, 4, 6 and 8. There is a charge of $100.00 per order or drop site for less than 3999 gross gallons. Will not deliver loads of less than 4000 gallons of any bio-blend Contacted vendor and they would place two trucks in the area to service account if awarded. They also indicated they would allow split loads to meet the 3999 gallons. This would require coordination between different drop sites Gold Star Bio-diesel not figured correctly - do not subscribe to Houston OPIS Brenco The account is currently services with 6 trucks and 1 bobtail j Page 3 of 3 I 103