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HomeMy WebLinkAbout2003-10-28-9:00AM-REGULAR 04 O G P F°a FILED BRAZOS COUNTY BRYAN. TEXAS nOl OCT 23 P 4: I b 4*"7'1'1'y, it' :JNTYCLE.RK 'RYM-TEXAS NOTICE OF MEETING AND AGENDA f BRAZOS COUNTY COMMISSIONERS COURTHE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 28 OCTOBER 2003 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3-21 3. Budget Amendment 02/03-46.1 Budget Amendment 03/04-3.1 thru 03/04-3.3 4. Payment of Claims 5. Personnel Change of Status 6. Request by the Sheriff's Office for approval of the contract with the Attorney General's Office for implementation of the Victim Information and Notification Everyday (VINE) system. 7. Request by the Research Valley Partnership for approval of the appropriation of $20,000 from the Brazos County Incentive Fund as the Year One (2003) payment to Genetic Resources International for completion of their new building in Brazos County. 8. Set speed limit on the back portion of Elmo Weedon Road. Site is located in Precinct 3. 9. Review of Tax Refund Applications for the following: a. City of Bryan d. Ambrose Furniture Works b. Steven W. & Suzanne Gyeszly e. Warren D. & Shirley A. Hataway c. OCC - Oakwood Custom Homes OCC Construction Inc. VOL 49 PAGE t9lt' Commissioners Court Agenda ' 29 Octoba 2003 Page 2 10. Request by Ernie Laney to renew the LexisNexis on-line subscription service for fiscal year 2004. 11. Request by Ernie Laney to renew the software support agreement with Zortec International for System Z software for FY 2004. 12. Correction of error for TCDRS service and deposits beyond four years for a member. 13. Presentation, discussion and possible action regarding Employee Health Insurance. 14. Approval of the following blanket purchase orders: a. Eagle - $3,000.00 (Purchasing) p. Performance $4,000.00 (Jail) b. Nexel Communications - $5750.00 (Maintenance) q. Sysco Food - $7,300.00 (Jail) c. Houston Cell - $2,500.00 (County Attorney) r. Us Foodservice $7,300.00 (Jail) d. Houston Cell - $1,500.00 (District Attorney) s. Scarmardo Produce $8,000 (Jail) e. ACS, Inc. - $150,000.00 (County Clerk) t. Team Services $1,200.00 (Jail) f. ACS, Inc. - $18,000.00 (County Clerk) u. Ray Criswell - $1,200.00 (Jail g. H&M Wholesale - $2,000.00 (Sheriff) v. Brazos Wholesale $600.00 (Jail) h. Verizon, Inc. - $9,000.00 (Sheriff) w. ICS $200.00 (Jail) i. American Jail $195.00 (Jail) x. Quick Delivery -$700.00 (Jail) j. Flower's Bakery $1,600.00 (Jail) y. Contract Pharmacy - $1,000.00 (Jail) k. Lilly Dairy $3,400.00 (Jail) z. Verizon, Inc. - $1,350.00 (Const., Pct 2) 1. Standard Coffee $200.00 (Jail) aa. Houston Cell $700.00 (Cont., Pct 4) m. Glazier - $1,150.00 (Jail) bb. Houston Cell $500.00 (Ag Extension) n. Cain's Coffee - $600.00 (Jail) cc. Houston Cell - $1,000.00 (Health Dept) o. Ben E. Keith - $1,450.00 (Jail) dd. Houston Cell $5,000.00 (R&B) 15. Approval to upgrade copier lease agreement for the Ag. Extension Service. 16. Request to extend Bid #2003-012RB / Furniture for additional three months. 17. Approval of requisition 10884 for purchase of capitalized equipment (vehicles) on state contract. 18. Request for permission to go out for bid on Bid #2004-002 - site clearing for the Brazos County Exposition Center. 19. Request for approval of out of state travel for Wayne Dicky to attend the American Jail Association Conference in Birmingham, AL. Dates of the conference are 25-29 April 2004. 20. Reappointment of M. L. "Red" Cashion to the Twin Cities Endowment, Inc. Board. Appointment term is 1 January 2004 - 31 December 2004. 21. Approval of appointments and reappointments to the Advisory Committee for the Brazos Valley Council of Governments. 22. Acknowledge receipt of monthly reports for the month of September 2003. These are available in the County Judge's office for review. VOL LPAGE-jRj Commissioners Court Agenda 29 October 2003 Page 3 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. Agency / Board / Committee reports by Court members. 26. Adjourn. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 36113102. VOL 49 PAGE tQg COMMISSIONERS' COURT REGULAR MEETING OCTOBER 28, 2003 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, October 28, 2003 with the following members of the Court present: Randy Sims, County Judge, Presiding; Tony Jones, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns The Court next considered Budget Amendment #02/03-46.1, that would reallocate funds for the Brazos Center. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered Budget Amendment #03/04-3.1 through 3.3 that would reallocate funds for the Ag Extension VOL 4 1 PAGE 199 Commissioners Court meeting October 28, 2003 2 Service and Jail Administration and set up a budget for Special Forfeitures. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached. The Court next considered the following Claims as submitted by the County Treasurer for payment: 20046959 through 20047176 On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered a request by the Sheriff's Office for approval of the contract with the Attorney General's Office for implementation of the Victim Information and Notification Everyday (VINE) System. The Sheriff explained the program and introduced Gary Walker of the Attorney General's Office who further elaborated on the program. On motion by Commissioner Jones, seconded by VOL 4 j PAGE 900 Commissioners' Court meeting October 28, 2003 3 Commissioner Mallard, the Court voted unanimously to approve the request. A copy of the contract is attached. The next matter before the Court was a request by the Research Valley Partnership for approval of the appropriation of $20,000 from the Brazos County Incentive Fund as the Year One (2003) payment to Genetic Resources International for completion of their new building in Brazos County. Bob Malaise gave a report on the company and said that this was a performance-based contract. On motion by Commissioner Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment of $20,000 to Genetic Resources International from the Brazos County Incentive Fund. The Court next considered setting a speed limit on the back portion of Elmo Weedon Road in Precinct 3. Ray Crow, representative of the Road and Bridge Department explained the study and then recommended that the speed limit be set at 45 miles per hour. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Road and Bridge Department representative and set the speed limit at 45 miles per hour. The next matter for consideration was approval of VOL~_ PAGE as 1 Commissioners' Court meeting October 28, 2003 4 tax refund applications from the following individuals and/or companies: a. City of Bryan $609.00 b. Steven W. & Suzanne Gyeszly $124.26 C. OCC - Oakwood Custom Homes OCC Construction, Inc.$376.27 d. Ambrose Furniture Works $13.60 e. Warren D. & Shirley A. Hataway $47.07 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to refund amounts previously noted for overpayment of taxes. The next matter before the Court was a request by Ernie Laney to renew the Lexis Nexis on-line subscription service for fiscal year 2004. Cost of the subscription is $7,920.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered a request by Ernie Laney to renew the software support agreement with Zortec International for System Z software for FY 2004. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. Cost of the support contract is $7,900.00. The Court next considered a correction of error for TCDRS service and deposits beyond four years for a member. The employee must make a $1,896.26 deposit and the County VOL PAGE 2 a Commissioners' Court meeting October 28, 2003 5 a $6,207.00 deposit for a total of $8,103.26. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to approve the correction a forward a resolution to the TCDRS. The next matter before the Court was a presentation, discussion and possible action concerning Employee Health Insurance. Commissioner Mallard asked the County Judge to turn the meeting over to Jared Wills, consultant with McGruff who explained what has been done so far with the health insurance process. Mr. Wills recommended that the County go with Blue Cross Blue Shield. He stated that this lined up best not only for the County, but with both cities as well. Commissioner Mallard then moved to approve contracting with Blue Cross Blue Shield as the network provider for health care coverage, dental and third party administrator. The County Judge seconded the motion. Commissioners Peters, Mallard and the County Judge vote "Aye". Commissioners Jones and Cauley vote "Nay". Eckerd Health Services would be the prescription provider. Commissioner Jones stated that he had sat on the health insurance committee and that he could see very marginal savings and impact on employees. He said that we should stay with a local provider and continue being self-funded. VOL 49 PAGE ao3 Commissioners' Court meeting October 28, 2003 6 It was for those reasons that he could not support the motion. Mr. Chuck Jeffries, representative of Alliance Health Care Providers, asked the Court to reconsider local providers rather that Blue Cross Blue Shield. He stated the $180,000.00 dollars currently remained in the insurance fund. Mark Grierson, representative of Plumhoff & Associates, the Stop-Loss Third Party Administrator, said that he thought the biggest issue is stop loss and thinks the problem will only compound with Blue Cross. He also said that it would make more sense to begin effective January 1, 2004. Commissioner Mallard clarified that the premiums are up because of the number of claims but that the County would be gaining greater discounts by going with the cities and contracting with Blue Cross Blue Shield. Commissioner Cauley asked if joining the pool with the two cities would keep the premiums from increasing to a higher level than staying with a local provider. He continued by asking if the employee co- payment will also go up. Commissioner Jones said that he felt the out of pocket expense would be greater if the county joined the pool. The Court proceeded to consider approval of the Blanket Purchase Orders. On motion by Commissioner VOL 4-1 PAGE ~ ~ ~ Commissioners' Court meeting October 28, 2003 7 Jones, seconded by Commissioner Cauley, the Court voted unanimously to approve the Blanket Purchase Orders. A list of those Blanket Purchase Orders is attached. The next matter before the Court was the upgrade of the copier lease agreement for the Ag. Extension Service. The upgrade to a larger volume machine would increase the monthly lease fee from $805.00 to $855.00. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the request to upgrade the copier lease agreement. The Court next considered a request to extend Bid #2003-012RB/Furniture, for an additional three months. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to remove this from the agenda as per the Purchasing Agent's request. The next matter before the Court was the approval of requisition 10884 for the purchase of capitalized equipment (vehicles) on state contract. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve requisition 10884 in the amount of $218,783.00. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2004-002, Site VOL t1 `1 PAGE aOS Commissioners' Court meeting October 28, 2003 8 Clearing for Brazos County Exposition Center. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for site clearing. The next matter for consideration by the Court was a request submitted by the Sheriff's Office-Jail Administration Division seeking approval for out of state travel for Wayne Dicky, Jail Administrator to attend the American Jail Association Conference in Birmingham, Alabama, April 25-29, 2004. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Jail Administrator and approved payment of out of state travel expense for Mr. Dicky. The next matter before the Court was the reappointment of M. L. "Red" Cashion to the Twin Cities Endowment, Inc. Board. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to reappoint M. L. "Red" Cashion to the Twin Cities Endowment, Inc. Board. The appointment term is January 1, 2004 through December 31, 2004. The Court next considered approval of appointments and reappointments to the Advisory Committee for the VOLE PAGE ab~ Commissioners' Court meeting October 28, 2003 9 Brazos Valley Council of Governments. a. On motion by the County Judge, seconded by Commissioner Mallard, the Court voted unanimously to appoint Commissioner Duane Peters to the Solid Waste Advisory Committee. b. On motion by the County Judge, seconded by Commissioner Jones, the Court voted unanimously to reappoint Louise Bullock to the Regional Advisory Committee on Aging. C. On motion by Commissioner Jones, seconded by Commissioner Peters, the Court voted unanimously to reappoint the entire RSVP Project Council Members. Their names are as follows: 1. Joanne Archer 2. Pat Fagan 3. Janis Gibbons 4. Lynne Hambric 5. Laura Holmes 6. Wanda Magee 7. John Michaels 8. Alfred Nichols 9. Richard Pollard 10. Beverly Rippey 11. Kim Thompson 12. Gail Treece 13. Susie Velasco 14. Victoria Walker 15. Elaine Weldon 16. Linda Whitson d. On motion by the County Judge, seconded by VOL tkcA PAGE 2-d-7 Commissioners' Court meeting October 28, 2003 10 Commissioner Peters, the Court voted unanimously to reappoint the entire Criminal Justice Advisory Committee Members. Their names are as follows: 1. Linda Castoria, Executive Director, BC Rape Crisis Center 2. Ed Feldman, Chief of Police, College Station PD 3. Dan German, BC Juvenile services 4. Chris Kirk, BC Sheriff 5. David Patterson, BV Narcotics Task Force 6. Robert Reed, MHMR 7. Doug Weedon, Executive Director, Twin City Mission 8. Michael Strope, Chief of Police, Bryan PD 9. Bob Wiatt, Director, TAMU PD e. On motion by Commissioner Peters, seconded by Commissioner Jones, the Court voted unanimously to reappoint the entire Homeland Security Advisory Committee Members. Their names are as follows: 1. DeMerle Giordano, Emergency Management Coordinator 2. Chris Meyer, TAMU Emergency Management Coordinator 3. Jim Mann, Chief Deputy BC Sheriff's office 4. Mark Spillars, DPS 5. Emily Staples, Brazos County FD 6. Richard Vance, County Engineer 7. Freddie Komar, Asst. Chief, Bryan PD 8. Brian Hilton, Asst. Fire Chief, City of College Station 9. Julie Anderson, Health Department 10. Mike Donoho, Fire Chief, City of Bryan 11. Edgar Feldman, Chief of Police, College Station PD VOLE PAGE 2©% Commissioners' Court meeting October 28, 2003 11 f. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to appoint Greg Petry, 9-1-1 Coordinator and reappoint DeMerle Giordano, Emergency Management Coordinator to the 9-1-1 Regional Advisory Committee. The Court acknowledged receipt of the Extension Service reports for September 2003 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Community Supervision Sheriff A copy of the officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: VOL 4PAGE aO'~ Commissioners' Court meeting October 28, 2003 12 Commissioner Mallard Said that Risk Management and Personnel departments will have a seminar on employment liability on November 17, 2003 at the Brazos Center. The seminar will be from 9:00 a.m. until 12:00 p.m. Commissioner Jones Reminded everyone that the annual hamburger cookout will be held at the Brazos Center on November 11, 2003. Under citizen input and/or concerns, the following spoke: Clyde Garland Gave his view on why insurance costs keeps increasing. Under Agency/Board/Committee reports by Court members, the follow spoke: Commissioner Jones There was good participation on behalf of the members of the insurance committee. He hopes that we will see the best results in the end. County Judge He thanked Commissioners Jones and Mallard for the time they spent on the insurance committee. There being no further business to come before the Court, the meeting was adjourned. VOL ~ I PAGE a b The foregoing minutes of the Commissioners Court meeting held October 28, 2003 have been examined and are approved in open Court this the day of 2004, in Bryan, Brazos County, Texas. - eo~ J- Randy S' s Eric Caldwell Count Judge Commissioner, Precinct 1 Duane Peters Kenny Mallar Commissioner, Precinct 2 Commissioner, recinc 3 ---I-A,40 A " a-- - / Ca ey Ca ey, Jr. Commissi ner, Precin t 4 Attest: 'Z _Xa~ ~ 'Karen McQueen County Clerk VOL tt A PAGE alb l~3 BRAZOS COUNTY COMMISSIONERS COURT ,MEETING ON ~U 2003 AT Name Organization/Department (~CaJrIGn l i 7 iv`fw~ z /Aa AAI~ ~e c P a s. VOL_~JPAGE Oia BRAZOS COUNTY COMMISSIONERS COURT MEETING ON ~L A9 2003 AT `00 Name Organization/Department R Ue~ r S~I, i'QUL FueeleZ e. v ~Oh~~n~ "73, f d/L VOL_L9,PAGE .6 BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2003 AT Name Organization/Department 7~ 4 Pfuv\ k,4- (jf VOL PAGE ~A4 .BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE0611222U~3 3b E R NO. 02/03-46.1 On this the 28'" day of October 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County elerk The following proceedings were held: THAT WIIEREAS, on October 28, 2003 the Court heard and approved a budget amendment for the 2002-2003 budget year for Brazos County, Texas. 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 August 23, 2002 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 28" day of October, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By y Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL 49 PAGE CIS BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 02/0346.1 10/28/2003 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 365001 650500 Dr. Buildin Maintenance $ 4,481.00 01 365001 710800 Cr. Grounds Maintenance 4,481.00 Brazos Center To reclassify budget as approved b the Commissioners Court 10/21/03 to allow the a ent authorization payable to Swoboda Tile for the installation of flooring in the Assembly 1 room. $ 4,481.00 $ 4,481.00 P~ lo).:~ 3'03 VOL~PAGE .a BRAZOS COUNTY, TEXAS 1s1 Tx 't I? BUDGET AMENDMENT(S) FOR THEIRO X604 9I0 NO. 03/04-3.1 thro 03/04-3.3 On this the 28`s day of October 2003 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Tony Jones, Commissioner, Precinct I E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on October 28, 2003 the Court heard and approved a budget amendment for the 2003-2004 budget year for Brazos County, Texas. 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 September 12, 2003 the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 28 ° day of October, 2003. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: X9 Rand ims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes VOL qI PAGE 11 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03/043.1 10/28/2002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 370001 606200 Dr. Postage 150.00 01 370001 591000 Cr. DDEA 150.00 Ag. Eztention Srevice To obtain use of the DDEA to cover the cost of obtaining a bulk mail rmit. VOL~PAGE BRAZOS COUNTY, TEXAS - BUDGET AMENDMENTS _ No. 03/043.2 10/20002 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 25 410912 CR Forfieture- Constable Pct2 600.00 25 302100 672860 DR Minor Equipment Other 600.00 Special Forfeitures - To set budget for a forfeiture to Constable Pct 2 as provided by ter 59 of the Code of Criminal Procedure VOL PAGE DI 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 03104-33 10/28/2002 FD DIV ACCT PROJ DR/CR ACCOUNTNAME Increase Decrease 01 280020 516150 Dr. Hourly-Law Enforcement 3,492.00 01 280020 518200 Cr. Merit 3,492.00 Sheriff - Jail Administration To reallocate funds to allow 4 positions to increase the base sition sal to be a step 2. VOL I~ PAGE a2 # S~ PERSONNEL CHANGE OF STATUS Page I of I_ COURT DATE: October 28, 2003 DEPARTMENT: Personnel - ARQrove Personnel Change of Status PURPOSE: PURR . DEPARTMENT NAME ■ ■ EMPLOYEE NAME...... ■..AMON .REQUESTED . ■ INFORMATION JONES V, ARTHUR R NEW HIRE - FULL TIME TECHNOLOGY PERSONNEL DEPARTMENT GENTRY, MISTY BUDGETED STEP INCREASE KOrM KIMBERLY MERIT INCREASE FRANKLIN, MELBA MERIT INCREASE BUILDING MAINTENANCE LEDEZMA, RAUL . TRANSFER WITHIN DEPT, GUITRON, CARLOS MERIT INCREASE DISTRICT ATTORNEY CHAVEZ, VICTORIA NEW HIRE - FULL TIME COUNTY CLERK PIVONKA, PANSY RETIREMENT KING BETTY PROMOTION RAMH= TERESA PROMOTION GARCIA, MARY PROMOTION SHERIFF'S OFFICE - JAIL TILSON, JEFFRBY TRANSFER TO ANOTHER DEPT. PACK, DAVID TRANSFER TO ANOTHER DEPT. MANTHEL TEDDY W. RESIGNATION FORREST, WILLIAM C. RESIGNATION BRAZ,OS CENTER MCKEAN, JANICE . MERITINCREASE ROAD AND BRIDGE MUNOZ, JOE A. RETIREMENT COUNTY COURT OF MUNOZ, TOMMY SALARY INCREASE LAW #2 ROSE, SHARON SALARY INCREASE SUSTAYTA, KATHRYN SALARY INCREASE JUVENILE SERVICES KENNEDY, MICHAEL RESIGNATION JOHNSON, LANDON TRANSFER WITHIN DEPT. VANNEST, WAYLAND TRANSFER WITHIN DEPT. AG. EXTENSION PAULK, PATRICIA G. NEW HIRE - FULL TINE Approved in Commissioners' Court: October 2 200 County Judge's or Commissioner's Signature: (This copy to be attached to minutes) i1~ VOt PAGE . N PZO E BRAZOS COUNTY OFFICE OF THE S 0P8 _ . CHRISTOPHER C. KIRK o JIM MANN, CHIEF DEPUTY °tiA s P~ WAYNE Mcxr, JAn, ADMINISTRATOR _ Honorable Randy Sims p~ Brazos County Judge 300 East 260' Street C/ Bryan, Texas 77803 Wednesday, October 22od, 2003 REF: Item for Commissioner's Court Agenda, Tuesday, October 28d, 2003; Approval for participation in Attorney General's grant funded Texas VIN); program. Dear Judge Sims, I have been approached by VINE Project Manager Gary Walker, who is member of the Attorney General's staff; to review and consider implementing the Victim Information and Notification Everyday system in Brazos County. I have done so and find that Brazos County would benefit from participating in the program. I have been assured that the program is fully funded by the Attorney General's Office for start-up, computer interface, and annual maintenance. The installation and operation is fully supported by the State contracted provider. I have also been assured that the system is compatible with The Software Group software that the County is currently using. Since this a grant supported program, there is the requirement that participating counties enter in to a contract with the Attorney General's Office (copy attached). As you know, Brazos County's legal counsel has reviewed a copy of the Implementation Plan, Service Agreement and Contract. Also, IT Director Ernie Laney has reviewed the documents and has spoken with TSG about the interface. I believe that this is a good system and that VINE will provide valuable and timely information to the victims of crime. I support Brazos County's participation in this grant funded program and recommend approval for participation by the Commissioner's Court. Res a fly submitted,n, l: Christopher .Kirk Sheriff ATTACHMENT OFFICE (979) 361-4100 ADNINISTRATIDN (979) 361-4148 FAx (979) 361-4170 M q9 PAGE ATTORNEY GENERAL OF TEXAS GREG ABBOTT June 6, 2003 Sheriff Chris Kirk ow; , 300 E. 26th Street, Suite 105 Low" Bryan, TX 77803 Dear Sheriff Kirk: On behalf of the Attorney General, welcome to Texas VINE. We are pleased that Brazos County is participating in this worthwhile statev dde program. VINE provides an invaluable safety net for crime victims and an important communication tool for criminal justice professionals. Enclosed you will find the following documents: Texas VINE Grant Contract (3 copies) - please have the proper authority sign all three grant contracts. ❑ County Implementation Plan - outlines the steps necessary to complete an installation of the VINE Gateway. This must be signed by the designated County Project Manager. ❑ Texas VINE County Contact Information Form - the Contact Information Form is. critical in order to identify the primary contacts for the coordination of a successful implementation. All documents must be signed and returned to us in a complete package. Upon approval, an executed copy of the contract will be returned to you along with instructions on the proper billing process. Thank you for your support of Texas VINE. If you have any questions, please contact Dr. Gary Walker at 512-936-1236 or by e-mail at gary.walker@oag.state.tx.us. Sin ly, ~/vJs A Herman Millhollan Director Crime Victim Services Division Enclosures (5) VOL ~ PAGE a' POST OFFICE BOX 12548. AUSTIN, TEXAS 78711-2548 TEL:(512)463-2100 WEB: WWW.OAG.STATE.TX.US An Equrt7 EmyJoyment Oppor4miry Eerploytr •Pr.nmd on Rory+Jed Payer 4 0nss Provider of the VINE' Service Joe Reprm 10401 tmh Station Riled Lou nft KY 402233842 June 2, 2003 M-651440 8003160481 W. 3882 I am forwarding to you the signed service agreements for your Texas VINE system. It would be very helpful if you could have Texas VINE on your Commissioner's court agenda some time over the next few weeks. This will help to get your system online as soon as possible, as well as, be very helpful for the Statewide VINE project management if we are to have most Texas counties signed on to participate in June. Please call me at your earliest convenience. I would appreciate the opportunity to answer any questions you may have, and to be able to determine the date that you will be presenting this to Commissioner's court. As a reminder, this project has been fully funded with a grant from the crime victims' compensation fund Funding for this project has been provided through the next biennium. The next legislature will then be asked to continue the finding for another 2 years. In Texas, the legislature is unable to approve funding beyond the biennium, but. it is highly unlikely that they will not continue funding for such an important service. Upon signing your grant and service contracts, your county will simply need to invoice the Office of the Attorney General for the cost of the service. The OAG will then advance the funds to the county. I am looking forward to hearing from you, as well as, helping you to bring Texas VINE to your county. Sincerely, Toe Rayome Appriss Texas VINE Account Executive 800-816-0491 ext 3897 imwineRappriss.com Provider of the VINE`' Service C►L 4`1 PAGE priss Provider of the VINE'o Service Documentation Required Prior to Issuance of Grant Contract TO. Chris Birk FROM: Julie Kwiek DATE: October 2l, 2003 Please have these forms completed and signed where required. The Implementation Plan contains targeted dates and may be adjusted. The Implementation Plan assumes a signature date on the Services Agreement of 10-28-03 and receipt of signature page to our office via fax number 502-815-0301 by 10.31-03. If you have questions, please contact me (800.8160494 ext 3805) or Joe Rayome (ext. 3897 or his cell 502-664- 8270). 41PAGE 10/23/2003 VOL as 0 Texas VINE OFFICE .r.b. ATTORNEY GENERAL County Contact Information GREG ARROTT County: Brazos County Judge Accountant (for billing purposes) Name: RandySirm Name Address: Address: City; Zip ChY, Zip Phone: [1] 979-361-4102 Phone: FAX: FAX: EmA Email: Sheriff Crime Vctim Liaison Name: Orris Kuk Name: Address: 300 E. 26th SL, Suite 105 Address: Gry, Zip Bryan 77803 Cary, Zip Phone: [1] 979-361-4100 Phone. FAX: FAX: Email: chrislarlOhghshenff.com Ennil: District Attorney Fictim Assistance Coordinator Name: Bill Turner Name: Address: 300 E. 26th SL, Suite 310, Address: Cny, Zip Bryan 77803 ChN, Zip Phone: [1] 979.361-4320 Phone; FAX: FAX: Erna- Email: Counties Served by District Attorney VOL' I PAGE 901-P 10/23/2003 Program Coordinator* Information Technology Contact** Name: Name: Address: Address: OCT Zip a% zip Phone: Phone: FAX: FAX: EMA. Emvi: * Responsible for the overall coordination between agencies Responsible for the technical implementation, maintenance and the implementation of the VIN[.' program for the and support of the Texas VM program at the countylevel. county. This is the primary contact person for all Texas This is the technical contact person for the Texas VINE VINE issues in the county. program in the county. Prepared by: Date: (Signature) Printed Name: 10/23/2003 VOL PAGE County: Brazos VINE Service Implementation: z JailIm -Implementation? x District Court Implementation? County Information Systems: Jail Developed in-house (by county) x Developed by 3 Party Vendor Vendor TSG District Court Developed in-house (by county) x Developed by 3 Party Vendor Vendor TSG Interface Development. Jail District Court To be done b A riss To be done b A riss To be done b County To be done b Count x To be done b PParty Contractor x To be done b 3` Party Contractor Vendor* TSG Vendor's TSG * Name of third party software vendor selected by the county to install the interface necessary to establish dialogue with the Appriss gateway computer in order to access Texas VINE data. 3rd Part Development Cost Jail $2250 District Court $2250 The costs associated with the development and installation of the interface are incurred by the County, and the Grant Contract issued by the Office of the Attorney General will include sufficient resources to cover costs incurred for the third party interface. Appriss will include interface costs as a part of the Milestone One invoicing process. Initials 10/23/2003 VOL' ~ PAGE a Schedule Expectations: 2008=11 Oil 1:11MMORMINMEM Milestone 1 (ME Infrastructure in lace at noun 11/25/03 Milestone 2 (VINE Service tested b coup and read for roduction) 1/26/04 Payment Expectation: Reimbursement x Advance Resources: The standard County implementation Plan assumes a County resource need of up to 132 hours. Please review and modify the attached Implementation Plan as necessary for your individual county implementation. Completed by: Name Title Date q 10/23/2003 ypt ~ 1 PRGE 0 f7 r f~ r (7 m N pC NN p v~ m W l'O 1- r N O O N O ~n tton O N V co rV fV K3 t~ 8 N V' N N N N O) 00 co N 5 F $ s 42 £ 5 56 t a ~ :6 - g RE: Vine lntertace Subject: RE: Vine Interface From: Corey Gray <corey.gray@tylertechnologies.com> Date: Wed, 22 Oct 2003 16:47:45 -0500 To: `Patti Tijerina' <ptijerina@co.brazos.tx.us> Patti, Yes, that 4500 is the only charge by TSG. Thanks, Corey ----Original Message----- From: Patti Tijerina [mailto•ptiierinana co.brazos.tx.us ] Sent: Tuesday, October 21, 2003 4:47 PM To: Corey Gray; emie Subject: Vine Interface Corey, I need to know if the $4500 charge for Vine Interface, Setup, and Configuration is going to be the only charge to the.County for TSG. The County Judge and Commissioner's Court need to know this before they decide to approve this grant. Please let me know something as soon as possible. Thanks, Patti 1 of 1 VOL41 PAGE 10/22/2003 4:54 PM OFFICE of the ATTORNEY GENERAL GREG ABBOTT Texas VINE GRANT CONTRACT Brazos County VOL 41 PAGE a ✓ X Texas VINE GRANT CONTRACT Table of Contents 1. PURPOSE; CONSTRUCTION OF AGREEMENT 3 1.1 Purpose 3 1.2 Construction of Agreement............ 3 2. COUNTY OBLIGATIONS 3 2.1 County Implementation Plan 3 2.2. Services Contract.... . 4 2.3 Implementation.... t _ 4 2.4 Maintenance Plan 4 2.5 Monitoring of Services; Statewide Stakeholders . 4 3. SCOPE OF SERVICES 5 3.1 Statewide Deliverables. 5 3.2 COUNTY Deliverables . 5 3.3 Service Levels . 6 3.4 XML Extract. fi 3.5 COUNTY Scope of Services Obligations 6 4. REIMBURSEMENT 6 4.1 Maximum Liability of the OAG . 6 4.2 Grant Contract Not Entitlement or Right 7 4.3 Reimbursable Cost; Generally . 7 4.4 Reimbursement; COUNTY Service Contract S 5. Invoice for Reimbursable Cost 9 5.1 Form of Invoice..... 5.2 Timing of invoice . 9 5.3 Direct Deposit 9 5.4 Excess Payments; Refund; Setoff . 9 6. AGREEMENT TERM 10 6.1 Initial Tenn . 10 6.2 Renewal Term 10 10 7. TERMINATION Grant Contract 1 4110/03 VOL_A_PAGE 7.1 Termination for Convenience 10 7.2 Termination for Cause 10 7.3 Rights Upon Termination or Expiration 10 8. Intellectual Property 11 9. AUDIT RIGHTS; RECORDS RETENTION 11 9.1 Duty to Maintain Records . 11 9.2 Records Retention 11 9.3 Audit Trails........ 11 9.4 Access 12 9.5 Location. 12 9.6 Reimbursement . 12 9.7 Reports......... _ 12 10. Independent Contractor Status and General Liability Provision. 12 11. Publicity 13 12. Amendment. ..I 13 13. Non-waiver 13 14. Partial Invalidity 13 15. Counterparts 13 17. Entire Agreement 13 18. Governing Law; Venue .13 19. Official Capacity 14 Grant Contract 2 4/10/03 VOL PAGE .0 GRANT CONTRACT THIS GRANT CONTRACT, including all Exhibits and Schedules attached hereto and incorporated herein by reference (the Agreement) is made and entered into as of the 4" .day of June, 2003, by and between Brazos County hereinafter referred to as 'COUNTY and the Office of the Attorney General of Texas (OAG). COUNTY AND the OAG may be referred to in this Agreement individually as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the covenants, agreements and conditions herein contained, the Parties agree as follows: 1. PURPOSE; CONSTRUCTION OF AGREEMENT 1.1 Purpose. The purpose of this Agreement is to reimburse COUNTY for certain cost incurred in the participation in a statewide crime victim notification service. To ensure a standard statewide service to all interested counties, including COUNTY, the OAG will reimburse COUNTY for services delivered to COUNTY by the vendor certified by the OAG to provide such standard statewide services. The certification and the certification process is documented in-that certain document dated November 22, 2002 and entitled: Vendor Certirication for the Statewide Automated Victim Not cation Sendce (SAVNS). This document is hereinafter referred to as the'Certification' is expressly incorporated herein by reference. The vendor certified to. provide the services is Appriss, Inc. a Kentucky corporation authorized to do business in Texas (hereinafter'Certified Vendor). This Agreement documents the requirements, conditions, obligations, limitations, and other terms for the COUNTY to be eligible for cost reimbursement by the OAG. 1.2 Construction of Agreement. The provisions of this Section 1 are intended to be a general introduction to this Agreement, and to the extent the terms and conditions of this Agreement do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be interpreted and construed consistent with the objectives, expectations and purposes stated in this Section 1. All Exhibits and Schedules attached hereto are hereby incorporated by reference herein in their entirety for all purposes. 2. COUNTY OBLIGATIONS Grant Contract 3 -4/10/03 VOL 49 PAGE 2.1 County Implementation Plan. As a condition precedent to any reimbursement of allowable costs, COUNTY will prepare an plan to implement the services in the COUNTY (County Implementation Plan). Before commencing any compensable work, the County Implementation Plan, at a minimum will include: 1. a list of tasks and activities required of COUNTY and that are necessary for the successful implementation and testing of the services; 2. a schedule that describes the time frames that each increment of work will . be performed and completed; 3. identification and cornrnitment of staff resources and equipment necessary install and. implement the services in a timely manner; 2.2 Services Contract. COUNTY will execute a services. contract with the Certified Vendor to provide services consistent with the Certification document. The COUNTY services contract will include terms and conditions that are intended to provide the COUNTY such rights and remedies as are necessary to ensure the delivery of the services in accordance with the Scope of Services section herein. For the convenience of COUNTY, a template services contract is made available to COUNTY. The OAG is not acting as an attorney for the COUNTY, therefore the COUNTY is advised to have attorneys of its choice to review and modify the template services contract to protect the interest of the COUNTY and to assure that the services will be delivered according the Certification document. 2.3 Implementation. COUNTY will implement the services in a manner consistent with the Scope of Services and the COUNTY Implementation Plan. COUNTY agrees to execute the County Verification Plan within thirty.(30) calendar days after the Certified Vendor verification and testing is complete. COUNTY agrees to provide documentation of any programming or system errors to the Certified Vendor within that same thirty (30) calendar day period. 2.4 Maintenance Plan. COUNTY will prepare and maintain a maintenance plan that at a minimum is to designed to: 1. make available offender information that is timely, accurate and relevant to support the victim notification services; 2. verify the Certified Vendor's performance according to the COUNTY services contract; Grant Contract 4 4/10/03 `f VOL ! PAGE a 3. satisfactorily discharge such COUNTY obligations as described in the COUNTY services contract. 2.5 Monitoring of Services; Statewide Stakeholders. COUNTY will inspect, monitor and verify the performances required of the Certified Vendor. COUNTY will reasonably cooperate with and participate in Statewide Stakeholders meetings and efforts to monitor and improve the services on a statewide basis. COUNTY may reasonably agree to designate third-parties to assist COUNTY and the other Statewide. Stakeholders, in the overall monitoring, inspection and verification of the Certified Vendor's performances. 3. SCOPE OF SERVICES 3.1 Statewide Deliverables. The services are described by two sets of documents:. (1) the Statewide Deliverables, and (2) the COUNTY' Deliverables. The Statewide Deliverables describe the services.and structure of the victim notification system on a statewide basis. The Statewide Deliverables may be modified from time to time by the OAG upon the recommendation of the Statewide Stakeholders Committee. The Statewide Deliverables include: S-01 Service Specification S-02 Questionnaire Template S-03 Statewide Implementation Plan S-04 Stakeholder Communication Plan S-05 Call Center Infrastructure S-06 County Implementation Plan Template S-07 Web Sites(s) S-08 Statewide Promotions Package S-09 Internal Test Guide S-10 Statewide Implementation Status Reports .S-11 Service Level Standards S-12 Service Performance Reports V-01 Vendor Certification The Statewide Deliverables are incorporated herein by reference. 3.2 COUNTY Deliverables. The COUNTY deliverables reflect the Statewide Deliverables, as customized to meet the specific needs of COUNTY (COUNTY Deliverables). COUNTY deliverables include: C-02 County Implementation Plan C-03 County Infrastructure Grant Contract 5 -4/10103 V0L ~1 PAGE !~3r7 C-04 Application Interface C-05 Customer Verification Plan C-06 County Support Document C-07 County Promotions Package C-08 Production Notice C-09 County Web Access County will implement these deliverable through the COUNTY services contract. After these deliverables are completed and approved by COUNTY, these COUNTY Deliverable are incorporated herein by reference. 3.3 Service Levels. Certain standards and levels of performance to be provided by the Certified Vendor to COUNTY are described in the Statewide Deliverable S-11 Service Level Standards and the COUNTY services contract. Other standards and levels, of performance are describedin the other Statewide and COUNTY Deliverables. COUNTY will inspect, monitor and verify the performances required of the Certified Vendor. In addition to the requirements in the COUNTY services. contract to inspect, monitor and verify the performances required of the Certified Vendor, County agrees to register for, verify,. and document at least eight (8) notification events each month. COUNTY will provide the OAG with periodic reports as requested by the OAG describing COUNTY monitoring, findings and observations. 3.4 XML Extract. To the extent permitted by law, COUNTY agrees to provide the OAG with a copy of data transmitted by COUNTY to the Certified Vendor. COUNTY authorized the Certified Vendor to directly provide such data to the OAG. The Parties agree that this data may be used to monitor COUNTY performance and the Certified Vendor's performance. This data may be used for such other purposes allowed by law. The data will be provided in such electronic format (including but not limited to an XML extract) as requested by the OAG. 3.5 COUNTY Scope of Services Obligations. For the purpose of this Agreement, the requirements, duties and obligations contained in the Statewide Deliverables, COUNTY Deliverables, Service Levels and other requirements of this section 3 are collectively referred to as the'Scope of Work'. As a condition of reimbursement, County agrees to faithfully, timely and in a good and workman like manner implement and maintain the services in compliance with the Scope of Work. 4. REIMBURSEMENT 4.1 Maximum Liability of the OAG. The parties stipulate and agree that the total liability of the OAG to COUNTY in consideration of full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for Grant Contract 6 4/10/03 VOL 4 r PAGE$ reimbursement of all expenses, if any, as set forth in this Agreement or arising out of any performance herein shall not exceed FIFTY-TWO THOUSAND EIGHT HUNDRED FORTY-THREE AND NO/100 ($52,843.00 ) DOLLARS for the Term of this Agreement. The parties stipulate and agree that any act, action or representation by either party, their agents or employee that purport to increase the liability of the OAG is void, without first executing a written amendment to this Agreement and specifically amending this section. The parties acknowledge and agree that nothing in this Agreement will be interpreted to create an obligation or liability in excess of the funds currently stated in this Agreement. The parties acknowledge, stipulate and agree that funding for this Agreement is subject to the actual receipt of grant funds appropriated to the Office of the Attorney General and such funds are sufficient satisfy all of OAG's duties, responsibilities, obligations, liability, and for reimbursement of all expenses, if any, as set forth in this Agreement or arising out of any performance pursuant to this Agreement. The parties further understand, acknowledge, stipulate and agree that the grant funds, if any, received from the Office of the Attorney General are limited by the term of-each state biennium and by specific appropriation authority to the Office of the Attorney General for the subject matter of this Agreement. 4.2 Grant Contract Not Entitlement or Right. COUNTY understands and agrees that: (1) reimbursement from grant funds is not an entitlement or right; and (2) it may not be reimbursed for costs incurred during the grant term or expenses paid during or . subsequent to the grant term unless the COUNTY strictly complies with all terms, conditions, and provisions of this Agreement. 4.3 Reimbursable Cost; Generally. Upon evidence of satisfactory compliance with the terms and conditions of this Agreement, the OAG will reimburse COUNTY, subject to the limitations in Section 4.1, for such actual, reasonable and necessary amounts expended in the performance of this Agreement. Only those costs allowable under applicable UGMS cost principles are eligible for reimbursement under this contract. The COUNTY acknowledges that it is a sub-recipient of state pass-through funds from the Crime Victims Compensation Fund. Therefore, the following cast principles, audit requirements, and administrative requirements shall apply: Cost Principles Administrative Audit Requirements Requirements OMB A-87 as modified by OMB A-102 as modified OMB A-133 as modified UGMS by UGMS by UGMS Grant Contract 7 4/10/03 VOLO ! PAGE o23q Uniform Grant Uniform Grant Texas State Single Audit Management Standards Management Standards Circular (UGMS) pursuant to (UGMS) pursuant to Government Code Government Code Chapter 783 Chapter 783 Copies of these documents referenced above will be provided to the COUNTY by OAG upon request and are incorporated by reference as a part of this Agreement. Before incurring any out-of-state travel expenses, the COUNTY must obtain prior written authorization for that travel from the OAG. To be eligible for reimbursement under this contract, a cost must have been incurred or obligated by the COUNTY within the applicable contract period prior to claiming reimbursement from the OAG. Costs incurred by the last day of the applicable contract term must be liquidated no later than 30 calendar days after the end of the applicable contract period. If the COUNTY expends $300,000 or more in state financial assistance during its fiscal year, it shall arrange for a single audit of that fiscal year. The audit must be conducted by an independent CPA and must be to accordance with the applicable government auditing standards, the Texas State Single Audit Circular and the UGMS published by. the Govemor's Office of Budget and Planning. For the purposes of this contract, the audit provisions of OMB Circular A-133 shall apply to county contracting entities. If the COUNTY is expending less than $300,000 in total state financial assistance during its fiscal year, it shall arrange for an annual independent financial audit in accordance with generally accepted government auditing standards of that fiscal year. For purposes of this Article; the COUNTY shall comply with the applicable OMB Circulars with the following modifications: All references to "Federal Grantor Agency(les)" shall be expanded to read "Federal or State Grant Agency(ies) ° All references to "Federal Grant Funds" or "Federal Assistance" shall be expanded to read "Federal and State Assistance; "Federal Law" shall be expanded to read "Federal or State Law;" and all references to "Federal Govemment" shall be expanded to read "Federal or State Government,* as applicable. In procuring any audit services required by this contract and/or by law, the COUNTY shall comply with applicable state procurement procedures, as well as any requirements found in UGMS regarding such procurement. The COUNTY shall submit to the OAG two (2) bound copies of any and all applicable Grant Contract 8 -4/10/03 VOL 41 PAGE a~ audit reports, management letters, and management responses. Such.reports, letters, and responses must be submitted on or before whichever of the following dates occurs first: a. thirty (30) days after the issuance of the audit report; b. within nine (9) months after the end of the audited fiscal year for those COUNTY whose fiscal year begins on or after October 1. The COUNTY shall provide physical access, without prior notice, and shall direct any contractor and subcontractor to likewise grant access to all program delivery sites to representatives of the State of Texas and or the OAG. . 4.4 Reimbursement; COUNTY Service Contract. Upon evidence of satisfactory compliance with the terms and conditions of this Agreement, the OAG will reimburse COUNTY such actual; reasonable and necessary amounts expended, subject to the limitations in Section 4.1, for the COUNTY Service Contract. 5. Invoice for Reimbursable Cost 5.1 Form of Invoice. The form of any invoice for reimbursement of expenses submitted under this section must comply with such invoicing requirements and such detail and supporting documentation that the OAG may from time to time require. The OAG is under no obligation to reimburse COUNTY if supporting documentation is not provided on a timely basis. Each invoice presented must include the OAG's contract number. The invoice must identify COUNTY vendor identification number, a description of the expense, and a notation that the requested reimbursement in regards to the Crime Victim Services Division, Victim Notification Services Grants. The invoices must be submitted to: Attn.: Contract Processing Office of the Attorney General Accounting Division, Mail Code 003 Post Office Box 12548 Austin, Texas 78711-2548 5.2 Timing of Invoice. the COUNTY shall submit its claims for reimbursement to the OAG within twenty (20) calendar days following the end of the month that a reimbursable expenditure was incurred. The COUNTY may submit a make-up claim as a final dose-out invoice not later than the earlier of (1) forty-five (45) calendar days Grant Contract 9 -4/10103 UOL~PAGE ~ after termination; or (2) forty-five (45) calendar days after the end of a state fiscal biennium. 5.3 Direct Deposit. The COUNTY may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing the COUNTY with copies of reimbursement vouchers. 5.4 Excess Payments; Refund; Setoff. Payment under this Agreement will not foreclose the right of the OAG to recover excessive or unallowable payments from the COUNTY. The COUNTY shall refund to the OAG within thirty (30) calendar days from date of request any funds the COUNTY claims and receives from the OAG for the reimbursement of costs which are subsequently determined by the OAG to be ineligible for reimbursement. The OAG will have the right to withhold all or part of any future payments to the COUNTY to offset any reimbursement made to the COUNTY for any ineligible expenditures not yet refunded to the OAG by COUNTY. The OAG may withhold reimbursement(s) from either this contract or an expired contract between the parties with the same funding source, in amounts necessary to fulfill the repayment obligations of the COUNTY. 6. AGREEMENT TERM 6.1 Initial Tenn. This term of this Agreement shall commence on July 1, 2003 and terminate on August 31, 2004, unless terminated earlier as provided by another provision of this Agreement. No commitment of grant funds is permitted prior to the first day or subsequent to the last day of the Initial Term. Nothing herein shall prevent the parties from revising the term of this Agreement by a written amendment. 6.2 Renewal Term. Subject to the availability of future grant funds for this Agreement, this Agreement may be renewed for an additional period to coincide with the term of future appropriations for the purposes of this Agreement.. Such renewal shall be by a written amendment and executed with the same formalities as this Agreement. 7. TERMINATION 7.1 Termination for Convenience. Either Party may, in its sole discretion, Grant Contract 10 4/10/03 unt 41 PAP*- o2'~a- terminate this Agreement in whole or in part, without recourse, liability or penalty, upon thirty (30) calendar days notice to other party. 7.2 Termination for Cause. In the event that COUNTY fails to perform its obligations according to the provisions of this Agreement, or fails to comply with any of the terms or conditions of this Agreement, the OAG may, upon written notice of default to COUNTY, immediately terrrdnate all or any part of this Agreement. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this Agreement. 7.3 Rights Upon Termination or Expiration. Upon termination of the Agreement for cause, all.work product, Deliverables, equipment, all files, records, reports, data, intellectual property license or right and other documents obtained, used, prepared or otherwise developed by COUNTY in the performance of the scope of work authorized by this Agreement shall vest in the OAG, and upon request of the OAG shall-be delivered to the OAG within thirty (30) business days after expiration or termination. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of the work product or other deliverable made the subject of this Agreement. 8. Intellectual Property. The COUNTY understands and agrees that where funds obtained under this Agreement may be used to produce original books; manuals, films, or other original material and intellectual property, the COUNTY may copyright such material subject to the royaltyy free, non-exclusive, and irrevocable license which is hereby reserved to the OAG, or state government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate in its sole discretion, any component of.such intellectual property made the subject of this Agreement. The COUNTY may publish at its expense the results of its contract performance if it first obtains prior OAG review of that publication. Any publication (written, visual, or sound) must include acknowledgment of the support received from the OAG and the appropriate state grant, if applicable. At least three (3) copies of any such publication must be provided to the OAG. The OAG reserves the right to require additional copies before or after the initial review. All copies shall be provided to the OAG free of charge. 9. AUDIT RIGHTS; RECORDS RETENTION 9.1 Duty to Maintain Records. COUNTY shall maintain adequate records to Grant Contract 11 4/10/03 I- PAr- E _a T".3 support its charges, procedures, and performances to OAG for all work. related to this Agreement. COUNTY also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the OAG and auditors of the State of Texas, the United States, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this Agreement. 9.2 Records Retention. COUNTY shall maintain and retain for a period of four (4) years after the submission of the final expenditure report, or until full and final resolution of all audit or litigation matters which arise after the expiration of the four (4) year period after the submission of the final expenditure report, whichever time period is longer, such records as are necessary to fully disclose the extent of services provided under this Agreement, including but not limited to any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 9.3 Audit Trails. COUNTY shall maintain appropriate audit trails to provide accountability for updates to mission critical information, charges, procedures, and performances. Audit trails maintained by COUNTY will, at a minimum, identify the supporting documentation prepared by COUNTY to permit an audit of the system by tracing the activities of individuals through the system.. COUNTY's automated systems must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. COUNTY agrees that COUNTY s failure to maintain adequate audit trails and corresponding documentation shall create a presumption that the services or performances were not performed. 9.4 Access. COUNTY shall grant access to all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this Agreement and the operation and management of COUNTY to the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG for the purposes of inspecting, auditing, or copying such items. All records, books, documents, accounting procedures, practices, and any other items, in whatever form or media, relevant to the performance of this Agreement shall be subject to examination or audit in accordance with all contract performances and duties, all applicable state and federal laws, regulations or directives, by the OAG, the State of Texas, the United States, or such other persons or entities designated by OAG. COUNTY will direct any contractor to discharge COUNTY s obligations to likewise permit access to, inspection of, and reproduction of all books and records of the subcontractor(s) that pertain to this Agreement. 9:5 Location. Any audit of documents listed in Section 9.4 shall be conducted at Grant Contract 12 4/10/03 VOL tPAGE the COUNTY's principal place of business and/or the location(s) of the COUNTY s operations during the COUNTY s normal business hours and at the OAG's expense. COUNTY shall provide to OAG and such auditors and Inspectors as OAG may designate in writing, on COUNTY s premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office-related equipment and duplicating services as OAG or such auditors and inspectors may reasonably require to perform the audits described in this Section 9. 9.6. Reimbursement. If an audit or examination reveals that COUNTY s invoices for the audited period are not accurate COUNTY shall promptly reimburse OAG for the amount of any overcharge, unallowable or excessive amount. 9.7 Reports. COUNTY shall'provide to OAG periodic status reports in accordance with OAG's audit procedures regarding COUNTY's resolution of any audit-related compliance activity for which COUNTY is responsible. 10. Independent Contractor Status and General Liability Provision. COUNTY shall be deemed to be an independent contractor hereunder and shall not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. COUNTY agrees to take such steps as may be necessary to ensure that each contractor of COUNTY will be deemed to be an Independent contractor and will not be considered or permitted to bean agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of COUNTY or any of its subcontractors shall be considered to be solely the employees or agents of COUNTY or such subcontractor, and COUNTY shall be responsible for ensuring that there is payment of any and all unemployment, social security, and other payroll taxes for such persons, including any related assessments or contributions required by law. 11. Publicity. COUNTY not shall use the other OAG's name or refer to the other Party directly or indirectly in any media release, public announcement or public disclosure relating to this Agreement or any acquisition pursuant, hereto, including in any promotional or marketing materials, without consent from the OAG for each such use or release. 12. Amendment. This Agreement shall not be modified, amended or in any way altered except by an instrument in writing signed by authorized personnel of the Parties for that express purpose. Ali amendments or modifications of this Agreement shall be binding upon the Parties despite any lack of consideration. Any attempted amendment or modification of this Agreement that does not comply with this Section will be deemed void. Grant Contract 13 4/10/03 s VOL49 PAGE ad 13. Non-waiver. The failure of any party to insist upon strict performance of any of " the terms or conditions herein, irrespective of the length of time for which such failure shall continue, shall not be a waiver of that party s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this Agreement. No term or provision of this Agreement or of any document incorporated herein by reference shall be deemed waived and no breach shall be deemed excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. 14. Partial Invalidity. If any term or provision of this Agreement, or of any document incorporated herein by reference, shall be found to be illegal or unenforceable then, notwithstanding such illegality or unenforceability, this Agreement, and each incorporated document, shall remain-in full force and effect and such term or-provision shall be deemed to be deleted. 15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 17. Entire Agreement. This Agreement reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations, understandings or agreements between the Parties relative to such subject matter. 18. Governing, Law; Venue. This Agreement is made and entered into in the State of Texas, and this Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, COUNTY agrees that any action, suit, litigation or other proceeding (collectively ".litigation") arising out of or in any way relating to this Agreement, or the matters referred to therein, shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District and Austin Division, and to the extent permitted by law, hereby irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. COUNTY hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that (a) COUNTY is not personally subject to the jurisdiction of the above-named courts, (b) the suit, action or proceeding is brought in an inconvenient forum or (c) the venue of the suit, action or proceeding. Grant Contract 14 -4/10/03 vni 49 PAGE a(fl 19. Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this Agreement only in their official capacity. Office of the Attorney General of BRAZOS COUNTY Texas Attorney General or his designee Title Date: - Date: - Grant Contract 15 '4/10/03 VOL PAGE-94-7 ra OFFICE of the ATTORNEY GENERAL GREG ABBOTT Texas VINE Brazos County Implementation Plan an► 4 1 PAGE Texas Statewide VIIeConnh'ImPlementafion Plan Table of Contents 1. INTRODUCTION........._ _ ...».».......3 2. SITE - COUNTY MLEMENTATION PI AN... „ „ . „ „ 4 3. APPRISS - COUNTY MLEMENTATION PLAN (SECTIONS 3 n . 5 4. SYSTEMS ACQUISITIONS AND SHIPMENT 6 5. SITE INSTALLATION........_ _ ...7 6. SITE DATA FLOW » 8 7. MOVE TO PRODUCTION »»»........».........10 8. PROJECT HISTORY & REVISIONS » .....................................................«...................11 C-02 CouMyImplementation Plan V I .doc Page 2 of 11 6/3/2003 VOL 49 PAGE a~ 9 Texas Statewide VIN9° County ImPleatentation Plan 1. Introduction Each VINB installation has a lifecycle. It starts with the turnover of the Site questionnaire to the project Lead ring and is completed by turning over the completed project to VINE customer services. This document provides a checklist that would take a VINB team through the project lifecycle. The document would also serve as a roadmap for implementing a quality product with minimal errors. Some of the steps outlined in different stages of the project development may not apply to all projects. However, the responsible party should review the step to ensure its skip would not have an adverse impact on the quality of the project. The steps listed in each stage of the project lifecycle should not be assumed as complete. This is a living document. As we learn from our experiences, we will roll over our learning into this document. If you feel any steps are missing at any stages of the project lifecycle, please bring it to the Project Lead's attention. C-02 CountyImplementationPlanVI.doc Page 3 of 11 6/3/2003 VOL 49 PAGE aSD m m r m w 0 0 o m r °7 r h GAO C~7 ~ ~ z O ~ ~e ~ ~ cn r rn ~ ~ o 0 0 0 CD, Q. 3 m O N e{ aD O{ N in u~ C> N N N 1- C LL v C o E e c y - ~ .n o d E ° m m n x Q. ro F c Comm EE E ° c E m e °mq w t m c~o g O C a $ $p°p$ r x a` N ` rB G t m 6'S' f~1 U ~ t £ wv =v 3 U U O gO ° Z O N -t N N Go d' C) co N N t0 - d 76 16 a o $ 8 8 8 8 b' 8 8 w Y! a` a°` a a n°`. a nE. O Q T C C C C OW 1 V U U U V V U QI b 9$ _ "m p $ ~ JCL C T ° b rn tt~ ° E o~ i6 ° C N t V % E RR G }{y~~ C W L ~ ~ w by L wp 6C~ U ~'+~iQ qF~~ V~ ~2C R A 8°8~ L~~ 8 T~S m 0 °Ou~ ~o C E4 S O ~ P Q L > > n Gc °F log! U v E 1P SI-D n.m b E 3 ~G c '~g^g a 7 y ~ F Q c Q ~ ~ O N o7 h 40 A W W ih VOL_~LPAGE w a G9 H ~ Q 7 _ O Fy ~ ~ 2 t0 O O W a. N m p 10 10 p sxx~ gv~s ~ i Q V ..r ' u N sc CD O v ~ eS ~~H ~ ~ vwi m d a Ll~ ~ g o b oa a.x Q F rn F Cg v VOL~ PAGE w ° N U b 0 W W u ~ o ~ ~ d 0 0 7 M A O ~ b b N a O v d 'S2 s° W W W W W N N W ~ W b a T A .r a x ~i P4 a :El w g o m 39 v ~ Z C ~ o w ~ t~p7 d ~ O . N b3i ec~YS,C q~ " ~ oO p~.~ td ~ Y-~ N N 00 -M 00 d o °QU ai3~% v`"Ygwv°° a TAO U a~u~ a o 0 o 0 o 0 0 a a o F ~ H Opp ~ VOL lj PAGE d53 $Y Z QR6~ i:SC. YL Q Q A Q Q %ttRO ~k bi¢ Pine s }NCI u y. _ " a~ VJ vYS ~i O All a3 c p t'a'd .'y'' ~ •C ~ V ~ O p{td~y.., U3 P4 A CD uni 0 PRGE-! 5' 0 ~w o ~o d ~a b a~ b h .p M . ,x.;+.. '.yd] .'.2> 6~i E:~ A 0 to Y L b U xyE O Rl O w N .a.. 45 ry U 0 U ~ .y N N w w w w w w w o ~ ~ `a ~a ~a da ~ 6 ~ c wo o o es a o W Ps C%4 a q 00 F S 'F,g ~v ^m U cd •w o y P4 ~~2 a U U ~ P U 4~ C) O w 0 All 2~ ' o0 6A b o b ~ ;p.; ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o VOL 41 PAGE a~ q u ..S M O O N ~ b 0 a ~ .a U N ~ ~ O b W o ~ d o c7 Piz d b o aC7 O CIA ❑ ❑ ❑ ❑ O i F U VOL / PAGE a P aE. :aa kt y~A! W?X V M ~ x O Q si O N b 6e 0 s2z a d a . b oEi o o F N _ « O I~ 'mayy p b y a b bf) y w cy y> O a+ o a ash ~ y~ C rll 3 w N O O 0 0 O O O O O 9 VOL PAGE, Texas Statewide V94eC0wtY bNAclaeutation Plan 8. Project History & Revisions 0.1 12/18/200 Created 2 1.0 04/01/03 OAG Added Site lementation Plan C-02 CountylmplementationPlanVl.doc Page 11 of 11 613/2003 VOLftPAGE PERFORMANCE AGREEMENT BETWEEN THE RESEARCH VALLEY PARTNERSSHIP _ AND GENETIC RESOURCES INl'ERNTIONAL This Agreement is entered into by and between THE RESEARCH VALLEY PARTNERSHIP (referred to as "RVP'j and SEXING TECHNOLOGIESIGRI, a Texas limited partnership (hereinafter refeaed to as "GRI'). NOW, THEREFORE, for and in consideration of the premises and mutual covenants and promises hereinafter set forth, the parties represent and agree as follows: 1. Definitions 1.1 Business Facility - The premise owned by GRI. The total amount of space to be owned by GRI will be approximately 9,000 square feet. The location of said premises is on Highway 6 in south Brazos County, Texas. 1.2 Economic Incentives - a total cash incentive payment of $50,000 from Brazos County Incentive Fund payable in four (4) annual payments. 1.3 New Gross Payroll - the total of payroll for employees hired after the date of this Agreement. 1.4 Grass Payroll - the total number that GRI reports to the Texas Workforce Commission at the end of the calendar year. 1.5 Cessation of Operations - means any unauthorized assignment (as defined in Section 8 hereof); vacating the Business Facility or leaving Brazos County, Texas prior to the end to the contract term. 1.6 Performance Standards - property investment and payroll requirement of this Agreement as set forth in paragraphs 3.2 and 3.3 hereof. 2. RVP's Incentive, Obligations 2:1 Economic Incentives RVP agrees to make total cash payment of $50,000 from the Brazos County Incentive Fund payable in four (4) annual payments. The first $20,000 payment would be due within sixty (60) days of the completion of the new 9,000 square foot building. A $10,000 payment would be due on the anniversary date of the first payment for the next three (3) years. VOL41 PAGE_ VOL~PAGE a(~~ 3. GRI's Obligations 3.1 GRI agrees to establish and operate the Business Facility as a biotechnology company offering a new semen-sexing technology specializing in the genetic improvement of cattle and not vacate that Business Facility until the end of the contract term. 3.2 GRI agrees and represents that it will create new and additional gross payroll and maintain such payroll in the amounts and on or before the dates listed in the schedule below: Cumulative New Ca ital Investment New Jobs and New Annual Gross Pa roll b Years As of December 31 2003 2004 2005 New Capital Investment NewFF&E $900,000 $1,650,000 $2400,000 New Jobs Number of New Jobs 6 8 8 New Annual Gross Pa roll Annual Gross Payroll $250,000 $350,000 $350,000 Increase 3.3 GRI agrees and represent that by December 31, 2005 it will invest $2,400,000 in new construction, furnishings, fixtures, and equipment at the Business Facility. 3.4 Should GRI fall below the Performance Standards in any one year, GRI shall receive a reduced percentage of the Economic Incentive in effect that year. Such reduction will be in that percentage equal to the percentage GRI's performance falls below the Performance Standards. , By way of example: assume that by December 31, 2004 GRI had only invested $1,237,500 in new capital for new construction, furnishings, fixtures and equipment at the Business Facility, then the pro-rated reimbursement shall be calculated as follows: Annual payroll cormnitment: New capital investment commitment: $1,650,000 Actual new capital investment: $1,237,500 $1,237,500 / $1,650,000= 75% of commitment achieved $25,000" x 25% default on commitment = $6,250 Amount of reimbursement from GRI to RVP = $6,250 * - For the purposes of this Agreement, it is assumed that $25,000 of the $50,000 in Economic Incentives is for the new capital investment commitment. The Voi 4q PAGE remaining $25,000 is for the new jobs and annual gross payroll commitment and the reimbursement, in case of default, would be calculated the same as shown above. 4. Term The term of the Agreement shall commence on the date of its approval by the EDC and execution by both parties and end on December 31, 2006. 5. Reporting Requirements The performance obligations referenced in 3.2 above will be measured on December 31 of each applicable year. On or before January 31 of each year, GRI shall return the certificate signed by a duly authorized officer of the company. A copy of all four (4) quarters, for the prior calendar year, of the Texas Workforce Commission - Employers Quarterly Report must be retmed with the certification letter. In the event that such certification is not delivered to compliance representatives of the RVP by said date, then it is assumed that the gross annual payroll for such year was $0. GRI shall provide paid invoices to document fulfillment of the capital investment requirements of the contract. 6. Confidentiality The RVP agrees that the reports that GRI will be required to submit may contain information that GRI considers to be proprietary information. As such, the EDC agrees to take all steps reasonably necessary with the Texas Attorney General's office to keep such reports confidential. 7. Default 7.1 Events of Default The following are expressly established as "Events of Default": (a) GRI's cessation of operation.. (b) An unauthorized assignment. (c) The filing by GRI of a voluntary petition in bankruptcy or the filing of a pleading in any court of record admitting in writing its inability to pay its debts as they come due. (d) GRI's failure to perform any of the covenants, conditions, and terms of this Agreement and the failure to cure such default upon 20 days notice in writing from the VRP. (e) Failure to remit any repayment when due. (f) Failure to pay in full its local city, county and ISD property taxes (g) Failure to comply with all applicable statutes, regulations, orders or ordinances of the United States, State of Texas, Brazos County and City of College Station, governing the operation of GRI business. VOLO MOO) 7.2 Remedies In Case of Default RVP at its sole option may treat any one or more of the Events of Default defined in section 7 as a breach of this Agreement. The RVP will have one or more of the following remedies: (a) The RVP may terminate the agreement,.and/or (b) RVP may, at its sole option, require GRI to repay all or any portion of the Economic Incentive. . (c) Pursue all legal and equitable remedies in a court of law for breach of contract. 8. Assignment GRI may not assign this Agreement without the prior written consent of RVP. A change in the General Partner or more-than Fifty-One percent (51%) of the Limited Partners of GRI shall be considered an assignment for purposes of this Agreement. 9. Amendment No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by a duly authorized representative of GRI and RVP. 10. Law This Agreement has been made under and shall be governed by the laws of the. State of Texas. 11. Place of Performance Performance and all matters related thereto shall be in Brazos County, Texas. 12. Written Notices All notices required by this Agreement: (i) shall be in writing; (ii) shall be addressed to the parties as set forth below unless notified in writing of a change of address, and (iii) shall be deemed to have been delivered either when personally delivered or, if sent by mail, in which it shall be sent by registered or certified mail, return receipt requested, three (3) business days after mailing. The addresses of the parties are as follows: To GRI.: Genetic Resources International 22575 State Highway 6 South Navasota, Texas 77868 Attn: Maurice Rosenstein VOL PAGE ~03 13. Sole Agreement This agreement constitutes the sole and only agreement of the Parties herein with respect to the subject matter of this Agreement and supercedes any prior understanding or written or oral agreements between the Parties. 14. Waiver RVP's failure.to take action to enforce this Agreement in the event of GRI's default or breach of any covenant, condition or stipulations herein, on one occasion shall not be treated as a waiver and shall not prevent the RVP from taking action to enforce this Agreement on subsequent occasions. To RVP: The Research Valley Partnership 4001 East 29' Street, Suite 180 Bryan, Texas 77802 Attn: John Duncum EXECUTED this day of 2003. SEXING TECHNOLOGIES, a Texas limited THE RESEARCH VALLEY partnership PARTNERSHIP By: J&M Management, LLC; General Partner By: By: Maurice Rosenstein, Manager John Duncum, Chairman of the Board For value received and in consideration of and as an inducement for the RVP granting to GRI the Economic Incentives of this Agreement,' Maurice Rosenstein hereby unconditionally guarantees (i) GRI's performance hereunder; (ii) the repayment of the Economic Incentive if repayment of such Incentives is demanded of GRI by the RVP pursuant to the terms of this Agreement; and (iii) all expenses, including without limitation, attorney's fees, court costs and related legal expenses, incurred by the RVP in endeavoring to collect the Economic Incentives, or any part thereof. Maurice Rosenstein VOL I PAGE a~ 7 Z °6 z U) ZQfJ- ~w I< m O vJ ZZO U Z JAW O WLL Q oo l- ~ L11 WW~ ~ O W cai~¢a ~zz W~ Z >-W az Z LL a=~ °00 J m 2W W 2~ oo -1 o F-W °WO o)U p w WZ LJ_ UJ 2p 2 >W >-r-Z W ZO U J oU~r ¢m a Wu E-- Q o'L W °o ~ z - -j ~ z = W Z z°~J :D Q J ?o z ow Waz z z o~ ZO W L, o~ow.ZWZO= QWd ~o0W Z m: a. J U O 2 ° cc) 3: Lu N Z vaJz °z z ° Z °Z~ W x WO Q z W a Z O_> co WO f-- O w F- C~ W W W w Q~~Z aw z F o > Wz~ a W E- ° `~Z52 g~ w ~ M o J 0 ~W Z U xw O w (9(gW(n rLJ O U Ef} Q Q-mW d CL Of w U VOL 41 PAGE o? LUZO Z 00 Z U- LL a WJ~2w 0 U. Woo ZZ U) :Ea-WPC) W ~ (<nQOwza ~LL° G ~mO -i.zWV Wwp W ~wQOm= azv O ~W/ Q:C =J -j Q}}-W W L.L.. m .Lzwr- UZF--o F-moz oQ=O o Q WOOM Q F-W~po O L1J cnZ-u-6Wci pvF.0 U Z HOo_ pa,N~N W Z Q w°wp0 a~Q¢ ou)-U)r-¢a mo.w W U) zQQoZ(/) ( ZW~m - C) o=oz 0-- to =wwo2wF- Q to <Zmaz~ zo~z Z Q Q~w ZF- wW~o z~z ~wa m L~.1 W Q opo=w¢p RooLU= C uLL c W:) O C) U LoLU'U-2Z= WN=W W Z Q tfla~ol-Qf- F-Z LL Z VOL49 PAGE x1042 Or LexisNexis SUBSCRIPTION PLAN AMENDMENT FOR STATE/LOCAL GOVERNMENT LexisNexis, a division of Reed Elsevier Inc. ("LN"), and Brazos County Auditor's Oft: ("Subscriber') agree to amend the Subscription Agreement (the "Agreement") previously or simultaneously executed between LN and Subscriber by adding to the Agreement the terms and conditions set forth below. 1. TERM The term of this Amendment (the "Amendment") will begin (a) on the date Subscriber's billing account (a "Billgroup") is activated ("Activation") if Subscriber is a new LN customer, or (b) subject to Section 7, on the first day of the calendar month immediately following the execution of this Amendment and delivery of it to LN if Subscriber is an existing LN customer, and will continue until 10/31/2004 (the "Term"). 2. AUTHORIZED USERS This Amendment relates only to the Subscriber's Billgroups and locations (the "Participating Billgroups") set forth below. Only employees of Subscriber using identification numbers issued under the Participating Billgroups will be entitled to access the Materials and related Research Tools listed In Section 5.1 (the "Preferred Pricing Materials") pursuant to this Amendment. Each identification number will be used solely by the individual for whom it was issued and may not be used by anyone else. r5 tits kt!nl~k3~. a,. K'M1r 113CTB Bryan, TX 3. CERTIFICATION Subscriber certifies that on the date this Amendment is signed by Subscriber there are users (judges, government professionals and total number of attorneys) in Subscriber's organization. Throughout the Term, Subscriber will immediately notify LN in writing of any change in the number of users, in which case LN may, in its sole discretion, increase or decrease the Monthly Commitment (defined in Section 5.1 below) upon at least thirty (30) days prior written notice to Subscriber. If the Monthly Commitment is increased as a result of a change in the number of users in Subscriber's organization, Subscriber may, within ninety (90) days following notice of such increase, terminate this Amendment upon at least ten (10) days prior written notice to LN; otherwise this Amendment will remain in effecL Upon the request of LN, Subscriber will recertify to the current total number of users. 4. MONTHLY SUBSCRIPTION CHARGE During the Terri, the Monthly Subscription Charge in Section 3 of the then-current applicable price schedule (the "Price Schedule") will be waived. 5. PREFERRED PRICING MATERIALS AND CHARGES 5.1 In consideration of Subscriber's payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment"), the Participating Billgroups will be provided access to and use of certain Materials, Identified below by source/menu number (the "Preferred Pricing Materials"), available in the fexis.comsm service or the LN Online Services accessed via proprietary software (the "Classic Online Services"). At no additional charge, the Participating Billgroups may do offline printing, online printing and saving to disk of Preferred Pricing Materials. Ff1EF REd pIZIQIDlni4 'FFc4t]' : ``raW~RG; . ~'d B . a}rA i~: M«. ,.rt:GQ(d _~tP 5 't ~.,,.9~1eitIV7L,'ho. lil7AtW:- ?H. Beginning 11/1/2003 to 10/312004 $ 660 (a) Pure Lexis SBOLXO Fu0 (b) TX Matthew Benda MBTX00 Beginning to $ (c) _ News- Urge Chou Files SUB625 Beginning - to $ (d) Beginning to $ (e) Beginning to $ 5.2 During the Term, the Monthly Commitment will be billed in lieu of the Information Charges speed in Section 1 of the Price Schedule for all access to and use of the Preferred Pricing Materials, except as otherwise provided in Section 5.3 and Section 6 (if elected) below. Subscription Plan Amendment for S/L Government September 2002 a 2002. Le dsNews, a division ofReed Elsevier Inc. AN rights reserved. SLG&v ubscd 2002dot Page I of 2 VOM PAGE x(01 5.3 The following Materials accessible from, but not included as part of the Preferred Pricing Materials, will be subject to monthly billing at the then-current standard undisccunted rates in accordance with the Price Schedule: (a) selected Images (those that include a charge in the Price Schedule); (b) Dun & Bradstreet Reports; and (c) Risk Solutions. 6. ADDITIONAL CHARGES The Participating Billgroups may have access to and use of the LN services and features not accessed through the Preferred Pricing Materials ("Alternate Pricing Materials"). If Subscriber so elects by initialing below, or by notifying LN at a later date, Subscriber will have access through the Alternate Pricing Materials at then-current undiscounted rates in accordance with the Price S,,,///c~~~hedule in addition to the Monthly Commitment. Subscriber elects access to the Alternate Pricing Materials 7. CLOSED OFFER The offer of LN contained herein is valid until _ In order to implement this Amendment by the first day of a calendar month, LN must receive this signed Amendment by the 20th day of the preceding month. 8. CONFIDENTIAL INFORMATION Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against such disclosure to any third person. This Section 8 will survive the termination or expiration of this Amendment. 9. MISCELLANEOUS 9.1 During the Term, use by and charges to the Participating Billgroups will not be eligible for other discounts or aggregation with the use of or charges for other billgroups. 9.2 During the Term; Subscriber may not terminate the Agreement. This Amendment may be terminated by Subscriber after the first Commitment Period on the last day of any calendar month upon at least thirty (30) days prior written notice to LN. This Amendment may also be terminated by Subscriber on ten (10) days prior written notice to LN in the event (a) of any increase in the Monthly Commitment, excluding any increases listed in Section 5.1, or (b) LN discontinues providing access to a significant portion of the Materials In the Preferred Pricing Materials or Altemate Pricing Materials that Subscriber has used regularly in the ordinary course of business during the Tenn. To be effective, notice of termination pursuant to (a) or (b) above must be given within ninety (90) days of the event giving rise to the termination right. 9.3 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT, CONTINUED USE OF THE ONLINE SERVICES BY SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED IN ACCORDANCE WITH THE PRICE SCHEDULE. 9.4 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. 9.5 Except as expressly modified by this Amendment, all other terms and conditions of the Agreement will remain in full force and effect and unaffected by this Amendment. In the event of a conflict or inconsistencies between the Agreement and this Amendment, this,Amendment.will control. Except as set forth herein, this Amendment may not be modified or otherwise changed unless mutually agreed to by both parties in writing. AGREED TO AND ACCEPTED BY: BRAZOS COUNTY AUT ITOR'S OFC LexisNexis, a division of Reed Elsevier Inc. BSCRIB BY: BY: NAME: NAME: TITLE: &2, JUL- TITLE: /J~ /y(,1 DATE: zeyOC b /to DATE: Subscripcon Plan Amendment for Sa. Govemmenl September 2DO2 0 2002, l.edsNals. a division of Reed osewer Imo. All tights re rmd. SLGovtSubsc(i Vo"92002.dot P 2of2 140C4g1 PAGE alo8 9~pTE 0 Brazos County F- 114 --1 Purchasing Departmen- of 185 300 E. 26th Street, Ste. 117 • Bryan, Texas 77803 Phone(979)361-4290 Fax (979) 361-4293 MEMORANDUM TO: Debbie Lockledge FROM: Purchasing Depa e DATE: October 28, 2003 SUBJECT: Agenda items for October 28, 2003 Consider and take action on the following: -*Iq 1. Approval of the following Blanket Purchase Orders: /D a.) Eagle -$3,000.00 - Purchasing _b.) Nextel Communications - $5,750.00 - Maintenance c.) Houston Cell - $2,500.00 - County Attorney d:) Houston Cell- $1,500.00 - District Attorney e.) ACS, Inc.- $150,000.00 - County Clerk f.) ACS, Inc. - $18,000.00 - County Clerk g.) H & M Wholesale - $2,000.00 - Sheriff h.) Verizon, Inc. - $9,000.00 - Sheriff I,) American Jail - $195.00 - Jail J.) Flower's Bakery - $1,600.00 - Jail h.) Lilly Dairy - $3,400.00 - Jail L) Standard Coffee - $200.00 - Jail m.)Glazier - $1,150.00 - Jail n.) Cain's Coffee - $600.00 - Jail x o.) Ben E. Keith - $1,450.00 - Jail p.) Performance - $4,000.00 - Jail q.) Sysco Food - $7,300.00 - Jail r.) Us Foodservice - $7,300.00 - Jail s.) Scarmardo Produce - $8,000.00 - Jail _t.) Team Services - $1,200.00 - Jail u.) Ray Criswell - $1,200.00 - Jail v.) Brazos Wholesale - $600.00 - Jail VOL 49 PAGE o2~9. w.) ICS - $200.00 - Jail _x.) Quick Delivery - $700.00 - Jail y.) Contract Pharmacy - $1,000.00 -Jail z.) Verizon, Inc - $1,350.00 - Const. Pct. 2 Lampo aa)Houston Cell - $700.00 - Const. Pct 4 Butler bb)Houston Cell - $500.00 - Ag Extension cc)Houston Cell - $1,000.00 - Health Dept. dd)Houston Cell - $5,000.00 - Road and Bridge 2. Approval to upgrade copier lease agreement for the Ag Extension Service. 1/7012-1 *W3. Extension request on Bid #2003-012RB / Furniture for additional three months. l 4. Approval of Requisition 10884 for purchase of Capitalized Equipment (Vehicles) for State Contract. Request permission to go out for bids on Bid # 2004-002 - site clearing for the Brazos County Exposition Center. VOL 41 .PAGE o27C~ Image-Management Plus Agreement Number. IOSCapltal" Think you for choosing IKONI This agreement ("Agreement") has been written in clear, easy to understand language. Please take time to review the terms. Wbar we mc'Y0e or"your', we ere refettiug to you, out Customer, When we use "IKON", we sse referring to IKON Office Solutions, Inc., which is the equipment supplier and one of the largest distributors of office solutions in the world. When we use -we", "in", "our" or "IOS Capital", we see ref" to IOS Capital, Inc. the wboltyowned captive fimmoo subsidiary of IKON. Our principal omporsm office is located at 1738 Bass Road, Macon, GA 31210. CUSTOMER INAFORMATIONr Customer Billing Contact: U 41605- ...4v ltafrtaa~ltare"4 rA7f~GrG+on 6asvrt C Full Legal N°~e Phone (ext) Fax .71AM F~lahaaa"e ZI IA-106f Customer Billing Address (if different) Custom Locatija AAddriss 1, n803 been &S" X City County State Zip City County State Zip EQUIPMENT DESCRIPTION ("Equipment") Qauxiry Equipment Description: Make, Model, Jr Serial Number Quantity Equipment Description: Make, Model A Serial Number C.o20' . I w7'v.Fffl O ('beck if Additional Equipmem Schedule attached PAYMENTSCnEDULE Minimum Term (sous.) cot cox of Additional Guaranteed Advance Payment of Meter Reading/Billing / Per Image 1-8- Minimum For Additional images zoo S fl~R : sDo& Monthly Images $ O.C~o -Monthly MtiimmtPayment Pa tDue: (~incWded) -Quarterly Wi1MdSale3'IJsetlad ✓MonthlyI~ - Apply to 19 Payment AN UA ptypaty'~ $ ~'rJ -Quarterly -fir 4DDITIONAL PROVISIONS (unhere rany): :des Tax Exempt O Yes (Attach Exemption Certificate) Customer Billing Reference Number (P.O.#, etc.) WdeadumAttached 0 Yes (Check H yes and lidicate total number of pages: ) rERM.S AND CONDITIONS You agree to use the Equipment listed above and pay the sums described above. THIS AGREEMENT IS UNCONDITIONAL AND NON-CANCELABLE. You agree to the this Equipment for the Minimum Term indicated above. You agree that the Equipment will be used solely for business purposes and not for personal, family, er bousdrold purposes and the "Customer Location" is a business address. IOS's acceptance of this Agreement, whim given, will be indicated by its signature below. Location of Equipment You will keep the Equipment at the customer location specified above. You muse obtain our written permission, which will not be unreasonably withhold. to move the Equipment. With reasonable notice, you will allow us or out designee to inspect the Equipment (You further agree that the additional terms and emdiboas on the reverse side of this Agreement are incorporated by reference into this Agreement) U90 QED NER F USTOMER HE PE 9 tv SIC G AGREE= IT ON BEHALF OF THE CUSTOMER REPRESENTS HE/SHE HAS THE AUTHORITY TO DO SO. ?,1cnc1A ~,mS ndq~ ( Signer Signature) Si r Printed Name Authorized Sign nle 'ERSOPJAL GUARANTY In consideration of IOS Capital's entering into the above Agreement, I unconditionally guarantee that the Customer will make all aymms and pay all other charges required under such Agreement when they are due, and that the Customer will perform all other obligations under the Agreement fully rd promptly. I also agree that LOS Capital may modify the Agreement or make other arrangements with the Customer and I will still be responsible fa those payments and the obligations under the Agreement. I agree that IOS Capital need not notify, me of any default order the Agreement and may proceed directly against me without first mceeding against the Customer or the Equipment, in which event, I will pay all amounts due order the terns of the Agreement. In addition, I will reimburse IOS Capital x retry costs or reasonable attorney fees incurred in enforcing its rights. This continuing guaranty is a guaranty of payment and not of collection. I CONSENT TO THE ENUE AND NON-EXCLUSIVE JURISDICTION OF ANY COURT LOCATED M EACH OF THE STATE OF GEORGIA AND THE STATE WHERE MY PRINCIPAL LACE OF BUSINESS OR RESIDENCE IS LOCATED TO RESOLVE ANY CONFLICT UNDER THIS GUARANTY. K N r ~yhry;" Home Address: Guarantor Signature City: State: Zip: Home Phone: S.S.N.: (Printed Name of Guarantor, Do Not Include Title) [Tear on perforation) IELIVERY AND ACCEPTANCE With respect to the Image Management Plus Agreement Number between LOS Capital, Inc. and . as customer ("you"), you hereby certify that each item of Equipment described therein has been delivered, installed and cWcd and you agree that each such itom of Equipment is in good condition and satisfactory for all purposes of such Agreement. Data: Authorized Signer Printed Name Title