HomeMy WebLinkAbout2010-03-30-9:00AM-REGULARBRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
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THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 30 MARCH 2010 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH
TEXAS AVENUE, SUITE 106, BRYAN, TEXAS.
Invocation and Pledge of Allegiance — Commissioner Peters.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 — 19:
3. Request from the County Clerk for permission to use DDEA funds for expenses
associated with the primary run -off election in April.
4. Request from the Budget Office to rescind Budget Amendment 09/10 — 22.1 regarding
Road & Bridge contingency.
5. Budget Amendment 09/10 - 24.1 thru 24.6.
6. Personnel Change of Status.
7. Payment of Claims.
8. HITECH Amendment to the Business Associate Agreement with CVS Caremark,
effective as of 2/17/10.
9. Telephone Maintenance Agreement with Affiliated Communications, Inc; term of
agreement is 11/01/09 through 10/31/10 with the option to renew annually.
Office of the County Judge • 200 South Texas Ave. Suite 332 Bryan, Texas 77803 Fax: (979) 361 -4503
Vol. lap, Pg. a-4
I
Commissioners Court Agenda
30 March 2010
Page 2
10. Out of state travel request for Bart Benthul with the Bryan/College Station
Metropolitan Planning Organization to attend the 3 rd Conference on Innovations in
Travel Modeling in Tempe, Arizona. Conference dates are 10 -12 May 2010.
11. Request from the Veterans Services Office for permission to modify the hours of
operation for that office to the following (Monday through Wednesday):
8:00 a.m. — 9:00 a.m. Field Duty
9:00 a.m. — 3:00 p.m. Office Hours
12. Tax Refund Applications for the following:
a. Torres & Associates, Inc.
b. Alicia Guzman
13. Ratification and approval of the purchase of a printer in the amount of $6,760.00 from
capital for the Treasurer's Office.
14. Request from the Information Technology Department to permit journal entries to
correct Purchase Order 100011319 in the purchase of a replacement printer for the
Road & Bridge Department.
15. Permission to add W -W Livestock Systems Manufacturing Co. to Brazos County's list
of vendors who are exempt from competitive bidding requirements as per Statute
262.024(a)(11) for FY2010.
16. Requisition 00028533 in the amount of $377,680.17 to W -W Livestock Systems
Manufacturing Co. for the purchase of gates, panels and miscellaneous equipment
required for the expansion of the Exposition Center to add stalls, a roping arena and a
warm up arena.
17. Request for permission to advertise Bid 2010 -29, Purchase and Construction of a Metal
Building for the Exposition Complex.
18. Convene into Executive Session pursuant to §551.087 of the Texas Government Code
to discuss economic development negotiations.
19. Consider and possible action on the Executive Session.
20. Announcement of interest items and possible future agenda topics.
21. Call for citizen input and/or concerns.
22. Agency / Board / Committee reports by Court members.
23. Adjourn
Vol.--- 3'L ---- Pg.-
Commissioners Court Agenda
30 March 2010
Page 3
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to
four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make
comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners
Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section I and Section
18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the
power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly,
members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct
themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public
discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are
inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to
leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a
Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any
individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the
honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees,
individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or
any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of
these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or lake action only if a matter has been listed on an agenda properly
posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published
agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court.
However, responses from the County Judge or Commissioners to unlisted public comment topics could become
deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners
Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to
correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future
agenda. See Texas Open Meetings Act §551.042.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102.
Vol. 43,;k p aa$
COMMISSIONERS' COURT
REGULAR MEETING
MARCH 30, 2010
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, March 30, 2010 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and
officials that were in attendance.
Commissioner Peters gave the invocation and then led the
pledge of allegiance.
Under citizen input /and or concerns, the following spoke:
Dave Burdett
a) Spoke on the Sons of Confederate Veterans, Sul Ross
Camp. He submitted a Proclamation for the Court to
consider April as Confederate Heritage History Month
and asked that it be placed on the Commissioners
Court agenda for future consideration.
Vol 3A Page as 9
-
Commissioners Court meeting March 30, 2010 2
Mr. Walter Watson
a) Also spoke on behalf of the black community supporting
the proclamation.
The Court next considered a request from the County Clerk
for $5,800.00 in DDEA funds for the programming of the
election data base, transporting equipment, pre- defining and
backup to prepare for the primary run -off elections in April.
On motion by Commissioner Wassermann, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the request from the County Clerk to use $5,800.00 in DDEA
funds for the primary elections.
The next matter for consideration was a request from the
Budget Officer to rescind Budget Amendment 09/10 -22.1 that
was approved March 16, 2010, concerning Road and Bridge
Department Contingency. The wrong dollar amount was used
during the preparation of the budget amendment. The current
amount should have been $1,404,081.09. On motion by
Commissioner Wassermann, seconded by Commissioner Peters, the
Court voted unanimously to rescind Budget Amendment 09/10-
22.1.
The Court next considered Budget Amendment #09/10 -24.1
through 24.6 that would increase the Road and Bridge
Department Contingency; reallocate funds for the Health & Life
Fund, Primary Election Services, Brazos Center, Justice of the
Vol 13Z Page g .30
Commissioners Court meeting March 30, 2010 3
Peace, Precinct 2, Place 1 Technology Fund; transfer funds
from DDEA to the County Clerk. On motion by Commissioner
Peters, seconded by Commissioner Wassermann, the Court voted
unanimously to approve the budget amendment as submitted. A
copy each amendment is attached.
There were no Personnel Action Requests submitted for
consideration.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7072554 through 7072808
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was consideration of the
CVS Caremark HITECH Amendment to the Business Associate
Agreement. This is necessitated so that Brazos County can
designate CVS Caremark as the county's business associate.
The business associate is responsible for monitoring and
regulating the release of protected health information per the
HTECH (Health Information Technology for Economic and Clinical
Health Act. On motion by Commissioner Peters, seconded by
Commissioner Mallard, the Court voted unanimously to approve
Vol ( 3 Page 931
Commissioners Court meeting March 30, 2010 4
the amendment to the Business Associate Agreement with CVS
Caremark.
The next
matter before
the Court was
consideration of a
telephone
Maintenance
Agreement
with Affiliated
Communications. For a monthly fee of $3,194.00 Affiliated
will provide service to the following locations for a period
of twelve (12) months commencing November 1, 2009 through
October 31, 2010:
a. Brazos County
b. Brazos County
c. Brazos County
d. Brazos County
e. Brazos County
f. Brazos County
g. Brazos County
Courthouse
Detention Center
Health Department
Juvenile Center
Exposition Complex
Sheriff's Office
Justice of the Peace, Precinct 3
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the
Maintenance Agreement.
The next matter for consideration by the Court was a
request submitted by the Bryan /College Station Metropolitan
Planning Organization seeking approval for out of state travel
for Bart Benthul to travel to Tempe, Arizona to attend "The 3rd
Conference on Innovations in Travel Modeling" May 10 -12, 2010.
On motion by the County Judge, seconded by Commissioner
Peters, the Court voted unanimously to grant the request from
Vol 13 Page a 3 �-
Commissioners Court meeting March 30, 2010 5
the Metropolitan Planning Organization and approved payment of
out of state travel expense for Mr. Bart Benthul.
The next matter before the Court was consideration of a
request submitted by the Veteran Services Officer, First
Sergeant (Ret.) Johnny Yeppez requesting a modification of his
hours of operation for field work and office hours. Sergeant
Yeppez proposed the new field hours to be from 8:00 a.m. to
9:00 a.m. Monday through Wednesday with the office hours to be
from 9:00 a.m. to 3:00 p.m. Monday through Wednesday. On
motion by the County Judge, seconded by Commissioner Cauley,
the Court voted unanimously to approve the modification of
hours of operation for the Veteran's Services Officer to be
effective April 1, 2010 and that they not exceed 20 hours per
week.
The next matter for consideration was approval of tax
refund applications from the following individuals and /or
companies:
a. Torres & Associates, Inc., over payment $20.30
b. Alicia Guzman, over payment $110.69
On motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the tax refund
applications.
The Court next considered the ratification and approval
of the purchase of a printer for the Treasurer's Office in
Vol 13;L Page 02-3 �
Commissioners Court meeting March 30, 2010 6
the amount of $6,760.000 to be funded from Capital
Expenditures. Commissioner Cauley moved to approve.
Commissioner Peters seconded the motion. Eric Caldwell,
Director of the Information Technology Department explained
that the request was not really the Treasurer's printer but
for the Road and Bridge Department. Commissioners Cauley and
Peters then withdrew their motion and second. Then on motion
by Commissioner Cauley, seconded by Commissioner Mallard, the
Court voted unanimously to ratify and approve the purchase of
a printer for the Road and Bridge Department.
The Court next considered a request from the Information
Technology Department to permit journal entries to correct
Purchase Order 100011319 in the purchase of a replacement
printer for the Road & Bridge Department. On motion by
Commissioner Cauley, seconded by Commissioner Mallard, the
Court voted unanimously to remove this item from the agenda.
The next matter for consideration was an Exemption from
Competitive Bidding Requirements of Local Government Code,
Section 262.024(a)(11). This is for the purchase of livestock
equipment to completely match the existing equipment at the
Exposition Complex that was originally purchased during Phase
I construction from W -W Livestock Systems Manufacturing
Company. Commissioners' Court determined that this was a
Vol 132, Page a 3*
Commissioners Court meeting March 30, 2010 7
single source supplier. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve the Exemption of Competitive Bidding
Requirements and authorized the payment for said costs for
fiscal year 2010.
The Court proceeded to consider requisition #00028533 to
W -W Livestock Systems Manufacturing Company in the amount of
$377,680.17 for the purchase of gates, panels and
miscellaneous equipment required for the expansion of the
Exposition Complex to add stalls, a roping arena and a warm up
arena. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the requisition.
The next matter for consideration was approval for the
Purchasing Agent to advertise Bid 2010 -29, Purchase and
Construction of a Metal Building for the Exposition Complex.
On motion by Commissioner Peters, seconded by the County
Judge, the Court voted unanimously to authorize the Purchasing
Agent to advertise for bids for the purchase and construction
of a metal building for the Exposition Complex.
At 9:41 a.m. the County Judge announced the meeting
closed to the public so that the Court could meet in Closed
Executive Session to discuss economic development
Vol 13 ;Z, Page Z55
Commissioners Court meeting March 30, 2010 8
negotiations as allowed under Section 551.087 of the Texas
Government Code. Tina Snelling, Civil Counsel, Irene Jett,
Budget Officer, Bill Ballard, Civil Attorney, and Candy
Gallego, Executive Assistant were asked to stay for the
meeting.
At 9:49 a.m. the County Judge announced the meeting open
to the public and on motion by Commissioner Mallard, seconded
by Commissioner Cauley the Court voted unanimously to
authorize the Research Valley Partnership to pursue full
collections of cash incentives and abated taxes from West
Corporation.
There were no announcements of interest items and
possible future agenda topics.
There was no citizen input and /or concerns,
Under Agency /Board /Committee reports by Court members
the following spoke:
Commissioner Wassermann
a) April 10 Brazos Beautiful will hold the
Texas Trash Off from 9:00 a.m. to 1:00 p.m.
at Central Park.
Commissioner Mallard
a) Reminded the Court of a Region H meeting in
Madisonville on April 1, 2010.
There being no further business to come before the Court,
the meeting was adjourned.
Vol 13 2L Page _
a34
The foregoing minutes of the Commissioners Court meeting held
March 30, 2010 have been examined and are approved in open
Court this the o2o day of 2010, in Bryan,
Duane Peters
Commissioner, Precinct 2
abort
Irma Cauley
Commissioner, Precinct 4
Attest:
Lloyd W ssermann
Commissioner, Precinct 1
fy)
Kenny Malla d
Commissioner,' 3
Karen McQueen
County Clerk
Vol 13 2- Page a 3-7
Brazos County, Texas.
BRAZOS COUNTY COMMISSIONERS COURT
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Vol. 3 � pg,
4
BRAZOS COUNTY, TEXAS 5
BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR
NO. 09/10 — 24.1 thru 24.6
On this the 30' day of March 2010 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Irma Cauley, Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 30 March 2010 the Court heard and approved a budget amendment for the
2009 -2010 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 21 September 2009, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 30 day of March 2010.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. 13), p a 4 0
Original: County Clerk's Office and
attached to the original budget
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 24.2
3/30/2010
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
5000 64005000 71112000 CR Health & Life - Medical Claims 2,500.00
5000 64005000 72590000 DR Professional Fees- Other 2,500.00
Health & Life Fund:
To reallocate funds to allow for the paym ent for the acmrial report revisions provided by Milliamn Inc er GASB 45 re uirement
Vol. '13a pg. a 4
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 24.1
3/30/2010
FUNDI DIV I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease
0100 56001000 61130000 DR Contingency 1,404,081.09
0100 47020000 CR Reserve Fund Balance 1,404,081.09
Road &Brid e:
To increase the Road and Brid ntingency by the amount of the funds budgeted for the FYE 09/30/2009 over
the amount actually used.
Vol. 1 3 ° 2 Pg. a �°
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 24.3
zmmmni n
0100 211200 61010000
0100 211200 72590000
to cover the costs for programming, transporting equipment, pre - define & back up
voi. 1 P � '�3
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09110 - 24.4
3/30/2010
DR/CR
0100 21000100 59100000
0100 211200 72590000
and Countv Clerk:
To reallocate funds to cover the costs for programming, transporting equipment, pre - define & back up for the April 2010 Rep. &
Dem. run -off elections.
Vol. W pg. 0? 44
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 24.5
3/30/2010
FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 36500100 60440000 CR Janitorial - Supplies 653.00
0100 36500100 67281000 DR Equipment - Electronic 653.00
Braxos Center:
Reallocation of fund to purchase a Shure SLX wireless combos stem.
Vol. I A a1- Pg. a 45
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 24.6
3/30/2010
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 24005210 61130000 CR Contingency: Technology 950.00
0100 24005210 67203000 DR Minor Computer Hardware 950.00
Justice of the Peace 2.1 Technolo Fund:
Reallocation of funds to cover the cost of an additional scanner in the J.P.-2.1 front office.
Vol. 13 - Pg. a*-
CVO
CAREMAKK
HITECH Amendment to Business Associate Agreement
This HITECH Amendment ( "Amendment ") between Caremark ( "Caremark ") and Brazos County
( "Client"), on behalf of its health benefit plan(s) ( "Covered Entity') is effective as of February 17,
2010, and supplements and is made a part of that Business Associate Agreement (the
"Agreement ") previously entered into between the parties.
WHEREAS Caremark provides certain services to Covered Entity pursuant to the Agreement that
may require Caremark to access, use or disclose Protected Health Information (as that term is
defined in the Agreement, including any Business Associate Amendment thereto); and
WHEREAS the parties wish to comply with those provisions under The Health Information
Technology For Economic and Clinical Health ( "HITECH ") Act, Title XIII of Division A and Title IV
of Division B of the American Recovery and Reinvestment Act of 2009 ( "ARRA ") that apply to
covered entities and business associates;
NOW THEREFORE, in consideration of the mutual promises and other consideration contained in
this Addendum, the delivery and sufficiency of which is hereby acknowledged, the parties agree
as follows:
1. Definitions Any capitalized terms used, but not otherwise defined, herein shall have the
same meaning as such terms as defined in the Agreement, any Business Associate
Amendment or, failing those, as defined in the Privacy Rule or Security Rule.
A. "Compliance Date" shall mean, in each case, the date by which compliance is
required under the referenced provision of ARRA or if specified therein, its
implementing regulations, as applicable; provided that in any case for which that date
occurs prior to the effective date of this Amendment, the Compliance Date shall mean
the effective date of this Amendment.
B. "HITECH Act" means Subtitle D (Privacy) of Title XIII of Division A of ARRA, which is at
Section 13400, et. seq. of ARRA, as implemented in regulations issued by the Secretary
and as of the applicable Compliance Date specified in such regulations.
2. Breach Notification Following the discovery by Caremark of any Breach of Unsecured
PHI, Caremark agrees to notify Covered Entity of such Breach without unreasonable
delay. Such notification shall include, to the extent available, the identity of each
Individual whose Unsecured PHI has been, or is reasonably believed by Caremark to
have been, accessed, acquired, used, or disclosed during the Breach. At the time of
notification or promptly thereafter as such information becomes available, Caremark
shall also provide Covered Entity with such other information as is required for Covered
Entity to notify an Individual of the Breach as required by 45 CFR 164.404(c). Except for
notifications to the Secretary, which must be done by Covered Entity, Caremark agrees
that to the extent the Breach is solely as a result of Caremark's failure to implement
reasonable and appropriate safeguards as required by this Amendment, and not due in
whole or in part to the acts or omissions of Covered Entity, Caremark shall provide the
Vol. 13Z 0? Pg. q �
'en/e
CAREMAFx,K
notifications required under 45 CFR 164.404 and 45 CFR 164.406, subject to any delay
required by law enforcement pursuant to 45 CFR 164.412,
3. Security and Privacy Requirements Caremark agrees to comply with Sections 164.308,
164.310, 164.312, and 164.316 of the Security Rule and the additional requirements of
the HITECH Act that apply to security and privacy that are made applicable to covered
entities as required by sections 13401 and 13404(a) respectively of the HITECH Act.
Caremark may use and disclose PHI only if such use or disclosure, respectively is in
compliance with the applicable provisions of section 164.504(e) of the Privacy Rule, and.
the parties acknowledge and agree that section 164.504(e)(1)(ii) of the Privacy Rule
shall apply to Caremark in the same manner that such section applies to Covered Entity
with respect to compliance with the standards in section 164.502(e) and 164.504(e) of
the Privacy Rule, as required by section 13404(b) of the HITECH Act.
4. Interpretation Any ambiguity in this HITECH Amendment shall be resolved to permit the
parties to comply with the Privacy Rule, Security Rule and HITECH Act.
5. Conflicts The terms and conditions of this HITECH Amendment shall override and
control any conflicting term or condition of the Agreement and Business Associate
Amendment. All non - conflicting terms and conditions of the Agreement and Business
Associate Amendment remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their
respective duly authorized officers or agents as of the effective date written above in the first
paragraph.
Caremark:
Signature:
Client:
Date:
Vol. 4 &a Pg. a 0 g
AFFILIATED
c o m m u n i c a d o n s
MAINTENANCE AGREEMENT
This Maintenance Agreement, hereinafter, referred to as the "Agreement" between
Affiliated Communications, Inc. (hereinafter "ACI') and Brazos County
(hereinafter "Buyer").
I. TERM
ACI shall provide service (parts and labor) on the equipment (Appendix A) the
location (Appendix A) for a period of 12 months, commencing November 1,
2009 and continuing through October 31, 2010, (the "Term "), and shall be
automatically renewed for consecutive terms of one year, unless either party gives
written notice, at least thirty (30) days prior to the end of such term to the other of
intent to allow the Agreement to expire as of the end of the then current term
Individual locations and port counts may be added or subtracted from agreement
upon thirty (30) calendar days notice.
H. EQUIPMENT AND CONTRACT DESCRIPTION
Monthly Price: $3,194.00 (fast payment for six months in advance Nov
2009 through April 20 10)
Contract Type: Option A: 240, Switch and Phones
Monitoring: ® Yes (SEB/NetPath Required) ❑ No
See Appendix A for Equipment Description and Pricing Summary
M.AGREEMENT
It is agreed to and understood that this Agreement constitutes the entire
Agreement between the parties, and supersedes and replaces all other prior
understanding or agreements relating to equipment and services covered by this
Agreement. This Agreement may not be changed, modified or varied except by
the specific written and signed approval by authorized representatives of both
parties. It is understood and agreed by and between the parties hereto, that if there
is any conflict between this Agreement and client's purchase order, or any other
document, this Agreement will govern.
Maintenance Agreement Vol. ��% =� Pg p< 4' 9 Page 1 of 10
IV. SERVICE SCHEDULE
Standard Service is Monday thru Friday, 8:OOA.M.to 5:00 P.M. shall be
dispatched within eight hours (8) of call in time.
Emergency Service is defined as 25% of the "Buyer's" system out -of- service, first
trunks of the "Buyer's" main line out -of- service, a console out -of -- service, or any
particulars needed covered in Specific Inclusions of Appendix A will be
dispatched within 2 hours of call -in time, 7 days by 24 hours.
V. EXCLUSIONS
This Agreement does not include equipment lost, stolen, or damaged due to
negligence, tampering, misuse, accident, or resulting from electrical storms,
lightning due to violent weather, power outages or failure to maintain proper
equipment environment nor the labor associated with the repair or replacement of
these parts.
A. A system audit will be performed within 30 days of signed agreement, at
which time any equipment or repairs will be noted and it will be the
customer's responsibility to replace or repair said item. If customer does not
agree to replace or repair said item, this item may be excluded from
maintenance coverage under the terms of this maintenance agreement.
B. Peripherals or accessories including headsets, printers, music -on -hold devices,
paging systems, .modems, UPS systems, CSU equipment, Interalia, call
recording systems, service terminals, application servers, or any other
equipment that is not Nortel/Avaya branded is excluded. All exceptions
requiring maintenance coverage would need to be listed in the Inclusion
section of Appendix A.
C. All data equipment and third party applications require a separate support
agreement.
VI. MANUFACTURER SUPPORT
Effective July 1, 2010, All Non End -of -Life (EOL) Nortel voice systems and
applications will require an Avaya support agreement (PASS) in order to access
t ad level manufacturer support. Partner Assurance Support Services (PASS) can
be purchased through Affiliated for all software that has not reached End of Life
(EOL) status. For all EOL releases, limited support from the manufacturer is
available on a Time & Material basis. Affiliated will continue to support EOL
releases for equipment at our normal contracted response times.
13a a50
Maintenance Agreement Vol. Pg. Page 2 of 10
Sunnorted Software Releases (PASS Contract Required
Active Status (Current) Full Support
Sustained Status (Previous) Full Support
Manufacture Discontinued Status Basic support, no new
patches/fixes available
End -0f - -Life Releases (Time & Material Only)
End of Life (EOL)
See Appendix B for more detailed information on a
support schedule for all voice systems and
applications.
VII. LEWTATIONS OF LIABILITY
Limited support available for
emergency outage at $750/hr with
a minim charge of $3,000 per
incident.
"ACr' will not be liable for any injury, damage, or claim to persons and
properties that may arise through the operation or maintenance of the system or
failures thereof. In no event will "ACr' be liable for any indirect, incidental, or
consequential damages, including but not limited to loss of business, loss of use,
and loss of profits. "ACr' shall not be liable for failure to perform due strikes,
lockout, civil disturbances, or Acts of God beyond "ACI's" control.
VIIL TERMINATION
In the event of a breach or failure to perform obligation under the contract, written
notice shall be provided and the party responsible for the failure shall be given 30
days to cure the default. Failure to cure would provide the other party the right to
terminate. In any case either party has the right to terminate with 30 days advance
notification.
DL AUTHORIZED REPRESENTATIVES
CUSTO C NTA (Clf 1)
CUSTOMER CONTACT (2)
v hirhs
CUSTO CONTACT (3)
G k
TITLE
�s
igo
n ,f
TIT E
CUSTOMER CONTACT (4) TITLE
Maintenance Agreement V/11. 3 Pg c;� S/
Page 3 of 10
ACI will receive and dispatch from the following Buyer's representatives to verify
that ACI has been requested by an acceptable Buyer's contact.
X. CUSTOMER SERVICE
To Request Service -24 hours a day, 7 days a week, call the local Affiliated
Customer Service Hotline/
Dallas /Fort-Worth (972) 852 -4013
Austin/San Antonio (512) 977 -8787
Houston (832) 327 -8801
Additional contacts and an escalation list are available upon request.
XI. GOVERNING LAW AND VENUE
The validity of the Agreement and all matters pertaining thereto shall be governed
and determined by the Constitution and the laws of the State of Texas. Venue for
any suit filed against BRAZOS COUNTY shall be Brazos County.
XII. OFFICIALS NOT TO BE BENEFITED
No officer, member or employee of Brazos County shall participate in any
decision relating to this contract which affects his personal interest or have any
personal or pecuniary interest, direct or indirect, in this contract or the proceeds
thereof.
XIII. ASSIGNMENT & SUBCONTRACT
Vendor may not assign nor subcontract any of its rights, duties and/or obligations
arising out of this Agreement without the prior written consent of Brazos County.
XIII. GOVERNMENTAL MMUNITY
The parties expressly agree that no provision of this Agreement is in any way
intended to constitute a waiver or any immunities from suit or from liability that
Brazos County and its agencies has by operation of law. Nothing in this
Agreement is intended to benefit any third party beneficiary.
XIV. TAX EXEMPT STATUS
As an agency of the State of Texas, BRAZOS COUNTY is tax exempt. Tax
exemption certification will be furnished upon request.
VOL '13a P a5a
Maintenance Agreement 9' Page 4 of 10
XV. INAPPLICABLE PROVISIONS
None of the following provisions, if they appear in the Agreement, shall have any
effect or be enforceable against BRAZOS COUNTY`. (i) requiring BRAZOS
COUNTY to maintain any type of insurance either for BRAZOS COUNTY's
benefit; (ii) renewing or extending the initial Agreement term or automatically
continuing or renewing the original Agreement term; and (iii) limiting contractual
or tort liability to BRAZOS COUNTY or (iv) binding BRAZOS COUNTY to any
arbitration, to the decision of any arbitration board, commission, panel or other
entity, or to any other alternative dispute resolution other than is provided below.
XVL LEVIITATIONS
The parties are aware that there are constitutional and statutory limitations on the
authority of Brazos County to enter into certain terms and conditions of the
Agreement, including, but not limited to, authorizations of the placement of liens
on Brazos County's property; ,disclaimers and limitations of warranties;
disclaimers and limitations of liability for damages; waivers, disclaimers and
limitations of legal rights, remedies, requirements and processes; limitations of
periods to bring legal action; granting control of litigation or settlement to another
party; liability for acts or omissions of third parties; payment of attorneys' fees;
dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations "). Any Agreement terms and conditions related to the Limitations
will not be binding on Brazos County except to the extent authorized by the laws
and Constitution of the State of Texas. Neither the execution of the Agreement by
Brazos County nor any other conduct, action, or inaction of any representative of
Brazos County relating to the Agreement constitutes or is intended to constitute a
waiver of Brazos County's immunity to suit.
XV1t. LOSS OF FUNDING
Performance by BRAZOS COUNTY under the Agreement may be dependent
upon the appropriation and availability of public funds. If the necessary funds
become unavailable then BRAZOS COUNTY will issue written notice to
SELLER and BRAZOS COUNTY may terminate the Agreement without fiuther
duty or obligation hereunder. SELLER acknowledges that appropriation of funds
is beyond the control of BRAZOS COUNTY.
XVIII. FORCE MAJEURE
Neither party is required to perform any term, condition, or covenant of the
Agreement, if performance is prevented or delayed by a natural occurrence, a fire,
an act of God, an act of terrorism, or other similar occurrence, the cause of which
is not reasonably within the control of such party and which by due diligence it is
unable to prevent or overcome.
Maintenance Agreement Vol. 13 0` �'
P a5a � Page 5 of 10
1
JD. SIGNING SECTION
Executed in duplicate, each of which shall have the full force and effect of an
original. Effective on the last date signed.
Brazos Co ty
Randy Sims, Bp&s County Judge
Date: /(< /0
Attest:
en McQueen, Brazos County Clerk
ACI
is Authorized Representative
Date: 3 -3
Vol. 3 a pg. a
Maintenance Agreement Page 6 of 10
APPENDIX A
1NrrL4L TERM: 111112009 to 1013112010
SERVICE LOCATION(S) (Each site to be covered must be listed separately)
Company Name: Brazos County Courthouse Complex
Address: 300 East 26` Street, 200 S. Texas Ave., 202 E. 27' St.
City, State, Zip: Bryan, TX 77803
Service Contact: Bill Bowers
Contact Number: 979-361-4464
Email: bbowers @co.brazos.tx.us
Equipment/Software Rls: Option 61 R3, Meridian Mail R13
PASS Contract Required: ❑ Yes, after 7 /1/10 M Time & Material Only (after 7/1/10)
Company Name: Brazos County Detention Center
Address: 1835 Sandy Point Road
City, State, Zip: Bryan, TX 77807
Service Contact: Bill Bowers
Contact Number: 979 -361 -4464
Email: bbowers @co.brazos.tx.us
Equipment/Software Rls: Option 11 R3
PASS Contract Required: ❑ Yes, after 7/1/10 Z Time & Material Only (after 7/1/10)
Company Name: Brazos County Health Dept
Address: 201 North Texas Avenue
City, State, Zip: Bryan, TX 77803
Service Contact: Bill Bowers
Contact Number: 979 - 361 -4464
Email: bbowers @co.brazos.tx.us
Equipment/Software Rls: Norstar MICS
PASS Contract Required: ❑ Yes, after 7/1/10 ❑ Time & Material Only (after 7/1/10) MN /A
Company Name: Brazos County Juvenile Center
Address: 1904 West SH 21
City, State, Zip: Bryan, TX 77803
Service Contact: Bill Bowers
Contact Number: 979 - 36111464
Email: bbowers @co.brazos.tx.us
Equipment/Software Rls: Norstar MICS
PASS Contract Required: ❑ Yes, after 7/1/10 ❑ Time & Material Only (after 7 /1/10) ON /A
Company Name: Brazos County Expo Center
Address: 5827 Leonard Road
City, State, Zip: Bryan, TX 77803
Service Contact: Bill Bowers
Appendix Pp v ol. Pg• X54
Page 7 of 10
Contact Number: 979-361-4464
Email: bbowers @co.brazos.tx.us
Equipment/Software Rls: Option l lC R4.5
PASS Contract Required: ® Yes, after 7 /1/10 ❑ Time & Material Only (after 7/1/10) ❑N /A
Company Name: Brazos County Sheriffs Office
Address: 1904 West State Highway 21
City, State, Zip: Bryan, TX 77803
Service Contact: Bill Bowers
Contact Number: 979 - 36111464
Email: bbowers @co.brazos.tx.us
Equipment/Software Rls: Option l IC R3
PASS Contract Required: ❑ Yes, after 7/1/10 R Time & Material Only (after 7/1/10) ❑N /A
Company Name: Brazos County JP3
Address: 1500 George Bush Drive
City, State, Zip: Bryan, TX 77803
Service Contact: Bill Bowers
Contact Number: 979 - 361 -4464
Email: bbowers @co.brazos.tx.us
Equipment/Software Rls: Norstar CICS
PASS Contract Required: ❑ Yes, after 7/1/10 ❑ Time & Material Only (after 7/1/10) MN /A
BILLING INFORMATION
Company Name: Brazos County
Address: 200 S. Texas Ave., Ste. 310
City, State, Zip: Bryan, TX 77803
Billing Contact: Candy Gallego
Contact Number: candy@co.brazos.tx.us
Email: candy@co.brazos.tx.us
Billing: $3,194.00 ® Monthly ❑ Quarterly ❑ Yearly
PO Required: M Yes ❑ No
SPECIFIC INCLUSIONS:
Emergency Service definition shall include connectivity outage for T or other primary
circuits used to connect Buyer locations.
EQUIPMENT CONDITION /AUDTT:
® Audit Performed.
❑ Audit to be Performed (See Section V Exclusions)
TIME AND MATERIAL RATES:
Monday through Friday (8 -5) $ 85.00
After hours or Holidays $127.50
Appendix A Page 8 of 10
Vol. == P aSS
APPENDIX A (Page 2)
CONTRACT PRICING SUMMARY
1. Ports include all programmed station and trunk ports.
2. Applications include Voice Messaging, Contact Center and Telephony Manager.
Appendix A a Page 9 of 10
VOL Pg
Rom
a
DI N
Brazes county
Courthouse
602
234
1,408.68
I
D.00
75.00
6020
1,543.88
18,526.56
Brazes County
Detention Center
187
234
437.58
0.00
0.00
18.70
456.28
5,475.36
Brazes County EVo
Center
119
234
278.46
0.00
50.00
11.90
340.36
4,084.32
Brazes Co Sheriffs
office
107
234
250-38
0.00
0.00
10.70
261.08
3,132.96
Brazos Co. Health
Dept
88
26
228.8
0.00
25.D0
0.00
253.80
3,045.60
Brazos Co Juvenile
ctr
76
2.6
197.6
0.00
25.00
0.00
22260
2,67120
Brazos JP3
35
26
91
0.00
25.00
0.00
116.00
1,392.05
I_A* &'40-.
1 1,214 1
NIA
$ 2,892,892.511 892-
$ - I
S 200.00
$ 101.50
1 $ 3,194.00
38,328.00
1. Ports include all programmed station and trunk ports.
2. Applications include Voice Messaging, Contact Center and Telephony Manager.
Appendix A a Page 9 of 10
VOL Pg
APPENDIX B
CSIOOO/M1
e�
AM
M
FI
25.40 or Older
EOL
Time & Material Only
R3.0
NA
June 20
Yes
R4.0
July 20
July 2012
Yes
R4.5
July 20
July 2012
Yes
R5.0
Apr 2011
rL13
Yes
R5.5
June 2012
t 200 14
Yes
6. xx
TBD
TBD
Yes
Can Pilot
n
-iSR 14 .y N
SoftwaresLevelt;
M
it�: fiPp6rce 6
MA &F9RI
Aofic 4
)ROuiridG
R3
EOL
Time & Material Only
R4_
Apr2009
Apr2011
Yes
R5
TBD
TBD
Yes
Contact Center
BCM Product Line
E
ak , port Contract
A SS `R co re d., ,
R5
EOL
Time & Material Only
R6
�une2010
June 2012
Yes
R7
TBD
TBD
Yes
BCM Product Line
>Dates are subject to change without notice
Appendix B Page 10 of 10
LM -.�;
11 A"''n . ..... to S LI ......
re ioirtCon ac
a c upp,
BCM 200/400 3.7
or lower
Aug 2009
Aug 2011
Time & Material Oaly
BCM 4.x
Nov 2011
Nov 2014
Yes
BCM 5.x
TBD
TBD
Yes
BCM50 Lxx
EOL
Time & Material Only
BCM50 2.xx
Jan 2010
Jan 2013
Yes
BCM50 3.xx
Nov 2011
Nov 2014
Yes
BCM50 5.xx
TBD
3 D
Yes
BCM450 1.xx
Nov 2011
02O14
Yes
BCM450 5.xx
TBD
TBD
Yes
>Dates are subject to change without notice
Appendix B Page 10 of 10
MEMO
TO: Pat Howard, Purchasing Agent
FROM: Brazos County Commissioner's Court
RE: Exemption From Competitive Bidding Requirements
Please be advised that on this 30th day of March, 2010 at a Regular Session of the
Commissioners' Court on which the following members were present:
Randy Sims, County Judge
Lloyd Wassermann, Commissioner, Pry
E. Duane Peters, Commissioner, Prec
G. Kenny Mallard, Commissioner, Preci
Irma Cauley, Commissioner, Precinct 4
The Commissioners' Court has determined that there is a need to exempt the vendor(s) listed
below from the competitive bidding requirement for fiscal year 2009 -2010 as follows:
COMPANY:
PRODUCT /SERVICE:
STATUTE:
W -W LIVESTOCK SYSTEMS MANUFACURING CO.
W -W LIVESTOCK EQUIPMENT
262.024(a)(11)
Vol. 13 a P9. a �